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HomeMy WebLinkAbout1986 - Recreational Trail Easement - Jones Elmer - 8609111300DATE 0042.120.007 JEH /ko 01/22/86 SEP CO. j I iECREATIONAL IL oZ EASEMENT PISHSL U THIS AGREEMENT is entered into between Elmer R. Jones (hereinafter referred to as "the Grantor and the CITY OF TUKWILA, a Washington optional municipal code city (hereinafter referred to as "the Grantee O WHEREAS, Grantor owns or has an interest in certain real 0 property (hereinafter referred to as "the Property located M adjacent to Green River in the City of Tukwila, Washington more particularly described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, and WHEREAS, Grantee is in the process of developing a public 0 recreational trail along the entire length of the Green River within Grantee's corporate limits, and WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the Property as an outdoor recreational trail for public use and Grantee has agreed to utilize the Property for such use according to certain terms and conditions, now, therefore, IN CONSIDERATION of the mutual benefits and conditions hereinafter contained, Grantor hereby conveys and grants to Grantee, its successors and assigns, a perpetual, nonexclusive easement across, along, in and upon, the Property described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, subject to the following terms and conditions, by which Grantee agrees to be bound: 1) Use of the Property. Grantee's use of the Property shall be for the purpose of landscaping, developing and maintaining the Property for public recreational trail purposes and of installing, maintaining and providing for public use of recreational facilities thereon. The use of the recreation trail will be restricted to pedestrian, equestrian and bicycle use. Camping, campfires, the use of firearms and any other activities that would be inconsistent with the safe use of the Property by the public will be prohibited. In addition to the restrictions on use provided herein, Grantee shall have the power to promulgate and enforce such other rules and regulations for use of the trail by the public as it may deem fit and proper to promote safe and equitable use. 2) Construction and Maintenance. The design of the public recreation trail shall be in the sole discretion of the Grantee. Grantee agrees to make reasonable attempts in designing the public recreational trail to accomodate any plans for development by Grantor on property adjacent to the trail. All design, engineering and construction costs incurred in completing the trail shall be at the sole cost and expense of the Grantee. Grantee shall be responsible for all maintenance and maintenance costs incurred with respect to the trail. 3) Timing of Construction. Both parties understand and agree that the time at which the Grantee will develop the recreational trail is unknown at present because of the necessity to acquire additional right -of -way and the funding necessary to construct the trail. Grantor and Grantee agree that Grantor may, with the prior written consent of the Grantee, make temporary improvements to the Property pending construction of the trail. Grantee shall have sole discretion in determining whether or not to approve any improvements in the Property which would interfere with or be inconsistent with Grantee's use of the property for a recreational trail. In the event that improvements are made on the Property with Grantee's consent, Grantee shall bear the cost of removal of such improvements at the time of trail construction. O O Cep 00 Grantee shall not be responsible, however, for the cost of relocating or reinstalling such improvements, or for paying the costs of installing such improvements incurred by the Grantor, or for paying the cost of replacing said improvements. Grantee's approval of landscaping or other development by the Grantor in the easement area shall not constitute a waiver of Grantee's rights under this easement to construct and maintain the recreational trail, nor shall any delay in construction of such trail constitute an abandonment or release of the right to develop such trail by the Grantee. 4) Indemnity. Grantee shall indemnify, defend and hold harmless the Grantor from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or damage to property occasioned by a negligent act, omission or failure of the Grantee, its officers, agents and employees, in constructing and maintaining the recreational trail. 5) Successors. This Agreement shall be recorded with the King County Auditor and shall constitute an easement and servitude running with the land, inuring to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.. Executed by the Grantor on 198. a( 198 Executed by the Grantee on GRANTEE: CI W IZA GA L. VA DUSEN, MAYO ATTEST /AUTHENTICATED: MAXINE ANDERSON, CITY CLERK GRANTOR: BY T L APPROVED AS TO FORM: OFFICE F THE CITY ATTORN.Y BY, .�'�L�ll C ��i' L 2 GRANTEES City STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Gary L. Van Dusen -and Maxine Anderson signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of THE CITY OF TUKWILA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. p Dated g —46) Signd` tare of NOTARY PUBLIC Title My appointment expires 9 -a ?C) C� GRANTORS X Corporate STATE OF WASHINGTON ss. COUNTY OF I ertify t at I know or have satisfactory evidence that Ck)?f s� ,,�.Ja� signed this instrument, on oath stated that were authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. D t Signature of NOTARY PUBLIC Title My appointment expires Cl- ,,9_3� EH Individual STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be free and voluntary act for the uses and purposes mentioned in the instrument. Dated Signature of NOTARY PUBLIC Title My appointment expires 3 f EXHIBIT A PUBLIC TRAIL EASEMENT LEGAL DESCRIPTION That portion of Lots 21, 22, and 23 in Block 16 of Hillman's Seattle Garden Tracts, as per plat recorded in Volume 11 of Plats, page 24, Records of King County, situated in the City of Tukwila, County of King, State of Washington, more particularly described as follows: Beginning at the Northwest corner of Lot 21, thence South 81 °22'38" East along the North line of Lot 21 a distance of 129.13 feet to the TRUE POINT OF BEGINNING; thence continuing along that same line a O distance of 48.87 feet; thence South 26 °26 East a distance of 150.56 feet to a point intersecting the South line of Lot 23; thence North 89 0 01 1 29" West along the South line of Lot 23 a distance of G 78.00 feet; thence North 00 °58 East a distance of 63.50 feet; cc thence North 26 °26 West a distance of 86.35 feet to the TRUE POINT OF BEGINNING. Contains 0.17 acres, more or less.