HomeMy WebLinkAbout2021 - Trail Easement - King County / City of Tukwila - 20210511002281Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -1 of 11
Record Date:5/11/2021 4:11 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY AL VASSER, DEPUTY
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6850F0AC37CA
Recording Requested By And
When Recorded Mail To:
The City of Tukwila
City Clcrk
6200 Southcenter Blvd
Tukwila, Washington 98188
TRAIL EASEMENT
Grantor: King County, a political subdivision of the State of Washington
Grantee: The City of Tukwila, a municipal corporation of the State of Washington
Legal Description: See Attached Exhibit A - Legal Description
Assessor's Tax Parcel ID#s: A portion of 092304-9153 & 092304-9292
THIS TRAIL EASEMENT (this "Trail Easement") is made as of the day of
jet A*1 , 2021 ("Effective Date"), by and between King County, (hereinafter
"Grantbr"), and The City of Tukwila, a municipal corporation of the State of Washington,
( hereinafter "Grantee"), (hereinafter, collectively, "the Parties").
RECITAL
1.1. The "Trail Easement" affects a port ion of the above -referenced tax parcels (the
"Property"), which encompasses approximately 0.44 acres. Both the Property and Trail
Easement are more particularly described in Exhibit A (legal description) and shown on
Exhibit B (site map), which are attached and incorporated into this Trail Easement by this
reference. The restoration of aquatic resource and riparian functions and native vegetation
described in Section 1.2 and the related objectives of that work, as described herein, are
referred to herein as the "Conservation Values." Wildlife habitat on the Property that is
restored, enhanced, or otherwise created after the effective date of this Trail Easement also
shall be considered "Conservation Values."
1.2. The Property possesses Conservation Values consisting of wetlands, riparian
habitat, floodplains, fish and wildlife habitat, and other natural and open space areas of
ecological importance.
1.3. The Property also possesses recreational and open space values which are
beneficial to the community because the Property is in a location with limited amounts of
publicly accessible green space and opportunities to connect with nature. These values shall
be considered "Community Values,"
1.4. The Parties intend that the Conservation Values and Community Values be
preserved and niaintained in perpetuity by permitting only those land uses on the Property that
do not impair or interfere with the Conservation Values and Community Values as further
provided in this Trail Easement.
1.5. In 2004, King County established the King County Mitigation Reserves Program
("MRP"), a part of which is currently implemented through an In -Lieu -Fee ("ILF") Program, as
approved by King County in 2012, and as administered by the Water and Land Resources
Division of the Department of Natural Resources and Parks (the "Mitigation Sponsor").
Page 1 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -2 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
1.6. The Conservation Values are a result of the Property's inherent ecological
potential and of the existing and anticipated restoration and enhancement of aquatic resources
and other habitats on the Property by the Mitigation Sponsor. The foregoing preservation,
restoration and enhancement is intended to qualify the Property for use as compensatory
mitigation for development elsewhere in King County ("Mitigation").
1.7. King County, through its ILF Program, intends to use the Property as a site for a
mitigation project that would generate Mitigation credits ((he "Mitigation Project"). With
approval from applicable regulatory agencies providing permits for impact projects, impact
project permittees could purchase these Mitigation credits to provide compensatory Mitigation
for unavoidable impacts at impact projects in the Green/Duwamish Watershed. The ILF
Program implements its mitigation credit program under authorization provided by the King
County Mitigation Reserves Program In -Lieu -Fee Instrument, dated March 12, 2012, and
executed by the US Army Corps of Engineers, the Washington State Department of Ecology,
and King County ("Program Instrument"). The Program Instrument establishes an interagency
review team ("IRT"), composed of federal, state, tribal and local regulatory and resource
agencies. The function of the IRT is to approve and oversee mitigation projects, expenditure of
funds, and distribution of credits as proposed by the ILF Program.
1.8. The Mitigation Project will require IRT review, evaluation, and approval before
implementation.
1.9. A mitigation plan will be developed by the ILF Program that is to be reviewed
and must be approved by the IRT ("Mitigation Plan"). The Mitigation Plan will guide
construction, maintenance, and monitoring of the Mitigation Project on the Property. The
Mitigation Plan will quantify the number and types of Mitigation credits earned from the
Mitigation Project on the Protected Property and establish criteria for the release of Mitigation
credits. The term "release" in this context means verifying the amount and type of Mitigation
credits are appropriate relative to the performance of the Mitigation Project.
1.10. Grantor has agreed to grant to Grantee an easement over that certain real
property described in Exhibit A attached hereto ("Trail Easement"), for a pedestrian trail,
maintenance access, viewpoints, associated park furnishings and planting on the terms and
conditions set forth in this Agreement.
1.11 Grantee was awarded funding from Washington State Recreation and
Conservation Office ("RCO") to design and construct a pedestrian trail, maintenance access,
viewpoints, associated park furnishings and planting on the Property.
1.12. The Property was purchased with King County Conservation Futures Tax Levy
funds and is subject to open space use restrictions and restrictions on alienation as specified in
RCW 84.34.200, et seq., and King County Code 26.12.005, ct seq.
1.13, The Property was purchased by and is subject to the terms of the Parks Levy
authorized by King County Ordinance No. 17568 and approved by voters in August 2013,
Grantor and Grantee covenant that the Property will be used for the purposes contemplated by
Ordinance No. 17568, that the Property shall not be transferred or conveyed except by deed
providing that the Property shall continue to be used for the purposes contemplated by
Ordinance No. 17568, and that the Property shall not be converted to a different use unless
another equivalent Property within the County shall be received in exchange therefore. Also, the
Property was purchased with MRP funds, and any actions on the site that will materially alter
the Mitigation Project are subject to the terms and conditions of the Program Instrument, the
Mitigation Plan and review and approval by the IRT.
AGREEMENT
NOW THEREFORE, for consideration of the public benefits provided to the
citizens of King County for the construction of a public pedestrian trail, the Parties agree
as follows:
Page 2 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -3 of 11
Record Date:5/11/2021 4:11 PM King County, WA
GoonSign Envelope ID: E2C75637-C21A-4/IF3-9F26-6B5OFOACI37CA
1. Grant of Easement
Grantor hereby grants to Grantee, its successors and assigns, a perpetual right and easement in
favor of Grantee in the Trail Easement to plan, design, engineer, permit, construct, maintain,
repair, operate, inspect and replace a pedestrian trail, maintenance access, viewpoints, associated
park furnishings, and planting subject to the terms and conditions of this Trail Easement.
Grantee shall maintain the Trail Easement in a safe and good condition at all times, at Grantee's
sole expense. Grantor cannot revoke this Easement at -will.
2. Purpose
It is the purpose of this Trail Easement to allow public access to a portion of the Property while
only allowing uses of the Trail Easement that will not unreasonably impair or interfere with the
Conservation Values of the Property. Grantor and Grantee intend that this Trail Easement will
confine the use of that portion of the Property with public access to such activities, including,
without limitation, those involving passive recreation and pedestrian access as are consistent
with the terms and provisions of this Trail Easement.
3. Rights of Grantee
Any activity on or use of the Trail Easement inconsistent with the purpose of this Easement is
prohibited. Without limiting the generality of the foregoing, the following activities and uses are
expressly granted:
(a) Pedestrian Trail. A trail for use by pedestrians may be designed, engineered, permitted,
constructed and maintained in the Trail Easement. The pedestrian trail shall be
constructed of crushed gravel and may be up to 6 feet wide to accommodate ADA
access.
(b) Trail Kiosk and Signage. A trail kiosk may be constructed and shall be located in the
northwest corner of the Trail Easement. The trail kiosk shall be no more than 15 feet x
10 feet and is intended to provide trail rules and signage. Consistent with Section 6 of
this Trail Easement, the Grantee shall be allowed to incorporate KCO's sign
requirements in the Trail Easement. Signage location and sizes shall he reviewed and
approved by Grantor prior to installation.
(c) Viewpoints, Viewpoints may be constructed in the Trail Easement. The grantee shall
not maintain any vegetation outside of the Trail Easement, and the Grantor may, in
their sole discretion, choose whether to maintain vegetation outside the trail corridor.
Grantor makes no representations, warranties, or guarantees that views will be
available from established viewpoints as vegetation grows within the Mitigation
Project outside the trail corridor. Viewpoint designs and locations shall be reviewed
and approved by Grantor prior to construction or installation.
(d) Park Furnishings. Park furnishings may include benches within the Trail Easement.
Park furnishing design and locations shall be reviewed and approved by Grantor prior
to construction or installation.
(e) Planting, Portions of the Trail Easement not occupied with the pedestrian trail, trail
kiosk, signage, viewpoints, parking, or park furnishings shall be densely planted and
maintained with native vegetation by Grantee. Plantings in the Trail Easement shall be
with plants native to the State of Washington and shall be maintained by Grantee.
Plants within the Trail Easement listed on the King County Noxious Weed List and all
non-native knotweed shall be controlled by Grantee.
(I) Parking. Grantee may construct a parking area in the road right of way adjacent to the
Property. If necessary, the parking area or associated improvements may extend into
the Trail Easement up to five feet as depicted in Exhibit B.
(g) Stortnwater Bioretention Area. Grantee may construct a stormwater bioretention area, as
needed, with native vegetation to treat stormwater runoff from the parking area and
Page 3 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -4 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
adjacent road. The bioretention area shall only be located in an area 10 feet x 100 feet
as shown on Exhibit B. Plants within the stormwater bioretention area listed on the
King County Noxious Weed List shall be controlled by Grantee.
(h) Maintenance Access. Maintenance access may be constructed in the northwest corner of
the Trail Easement as depicted in Exhibit B. Any constructed maintenance access shall
be blocked by locked removable bollards. Locks shall be controlled by Grantor and
Grantee.
4. Mitigation Project Construction
Grantee's rights under this Easement shall not become effective until Grantor completes
construction of the Mitigation Project. Following construction of the Mitigation Project,
Grantor shall provide written notice to Grantee that the Mitigation Project is complete.
Alternatively, Grantor, at its sole discretion, may provide notice to the Grantee that the
Mitigation Project is not complete and authorize Grantee to commence construction within the
Trail Easement prior to completion of the Mitigation Project subject to any conditions Grantor
may impose for the duration of the construction of the Mitigation Project (the "Construction
Completion Notice"). From the Effective Date until the issuance of the Construction
Completion Notice (the "Construction Period"), Grantee shall not be permitted to exercise the
rights enumerated in this Easement, nor shall Grantee be obligated to perform the
responsibilities enumerated in this Easement (with the exception of Grantee's obligation to
indemnify, defend and hold harmless Grantor when applicable), except that Grantee and its
officers, agents, contractors, or employees may enter the Trail Easement solely for the purpose
of performing feasibility work related to trail design, provided that any entry into the Trail
Easement during the Construction Period shall be coordinated with Grantor and may not
interfere with any construction activities. Upon issuance of the Construction Completion
Notice, Grantee shall enjoy all of the rights enumerated in this Easement and shall be obligated
to perforin all responsibilities enumerated in this Easement. Notwithstanding the
indemnification provided in Section 7 below, Grantee and its officers, agents, contractors and
employees hereby assume all risk associated with entering the Trail Easement during the
Construction Period and any such entry shall be exetnpt from Grantor's indemnity obligations
provided in Section 7 below, except to the extent of any gross negligence or intentional
misconduct by Grantor or its officers, agents, contractors and employees.
5 Responsibilities of Grantee
Grantee shall be responsible for maintenance of the Trail Easement including, but not limited
to vegetation management, non-native vegetation removal, trash clean up, and prompt removal
of homeless encampments consistent with all applicable laws.
6. Access
Grantor and Grantee shall ensure continuous public pedestrian access to the Trail Easement.
Furthermore, Grantee shall grant the RCO, or RCO's designee, the right to enter and inspect
the Trail Easement without prior notice. Grantee shall be allowed to incorporate RCO's sign
requirements and shall he responsible for incorporating said requirements in the Trail
Easement. Grantor reserves all rights to enter the Trail Easement on behalf of itself and all
invitees, employees, agents, and contractors of Grantor.
7. Indemnification
Except as otherwise specifically provided elsewhere in this Agreement, each Party shall
protect, defend, indemnify, and hold harmless the other Party and their officers, agents, and
employees, or any of them, from and against any and all claims, actions, suits liability, loss,
costs, expenses, and damages of any nature whatsoever, which are caused by or result from
any negligent act or omission of the Party's own officers, agents, contractors, and employees in
either Party's use of the Trail Easement pursuant to this Agreement, in the event that any suit
based upon such a claim, action, loss, or damage is brought against a Party, the Party whose
negligent action or omissions gave rise to the claim shall defend the other Party at the
indernnifying Party's sole cost and expense; and, if final judgment be rendered against the
other Party and its officers, agents, and employees or jointly the Parties and their respective
officers, agents, and employees, the Parties whose actions or omissions gave rise to the claim
Page 4 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -5 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
shall satisfy the same; provided that, in the event of concurrent negligence, each Party shall
indemnify and hold the other Parties harmless only to the extent of that Party's negligence.
The indemnification to the City hereunder shall be for the benefit of the City as an entity, and
not for members of the general public. Without limiting the generality of the fbregoing,
Grantee shall protect, indemnify, defend, and hold harmless Grantor, and its successors and
assigns, from and against any and all loss, costs, claims, suits, liabilities, causes of action, and
expenses of any kind or nature (including reasonable attorneys' fees) arising out of related to,
resulting from or incurred by reason of or based upon, the release onto or from the Property by
Grantee, or any of its respective employees, agents, contractors, invitees and/or licensees, of
any hazardous or toxic materials or substances, or the violation by any such Party of any law
or laws regulating the handling, treatment, storage, disposal, release, or transport of any
hazardous or toxic materials or substances.
The foregoing indemnities specifically and expressly intended to constitute a waiver of
indemnifying Party's immunity under Washington's Industrial Insurance Act, RCW Title 51,
as respects the indemnified Party only, and only to the extent necessary to provide the
indemnified Party with a full and complete indemnity of claims made by the indemnitor's
employees. The Parties acknowledge that these provisions were specifically negotiated and
agreed by them.
8. Insurance
Grantee shall maintain and keep in full force and effect a policy of general liability insurance
in an amount not less than One Million Dollars per occurrence, and shall provide Grantor with
a certificate of insurance or evidence of participation in a self-insurance risk pool from time to
time upon Grantor's request, and will name Grantor, its successors and assigns, as additional
insureds in the event Grantee should choose not to self -insure.
9. Binding on Successors and Assigns
The rights, conditions, covenants, and provisions contained in this Agreement shall inure to
the benefit of and be binding on the Parties hereto and their respective heirs, administrators,
executors, successors, and assigns and shall run with the land,
10. Eminent Domain
If any part of the Trail Easement is taken by any governmental agency in the exercise of its
power of eminent domain, the award granted under such proceedings, or any settlement in lieu
thereof, for the taking of such property shall be wholly payable to Grantor. If less than all of
the Trail Easement is taken, the easement granted herein shall continue in full force and effect
with respect to the portion of the Trail Easement not taken, If all or any of the Trail Easement
is taken, the Easement granted herein shall terminate and the obligations hereunder of Grantor
and Grantee shall automatically cease and terminate as to that Trail Easement when possession
is transferred to the condemning agency, except for any obligations concerning events
occurring prior to the termination of the Easement.
11. Grantor's Reserved Use
Notwithstanding anything in this Agreement to the contrary, Grantor reserves the right to
engage in any uses within the Trail Easement that are compatible with the full enjoyment by
Grantee of the rights granted in this Agreement including but not limited to the right to
conduct survey and vegetation monitoring, removal of invasive non-native vegetation,
management or removal of nuisance animals, and other activities associated with maintenance
of the Mitigation Project. Nothing herein shall be deemed to imply any obligation to perform
such activities.
12. Miscellaneous
(a) In the event of any action or arbitration by any Party to this Agreement for
breach of or to enforce any provisions or rights hereunder, the reasonable costs and expenses
incurred by the substantially prevailing Party in such action, including, but not limited to,
such substantially prevailing Party's reasonable attorneysfees, shall be paid by the other
Party or Parties to such action or arbitration.
(b) Neither this Agreement nor any acts of any Party shall be deemed or
Page 5 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -6 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
construed by the Parties hereto, or any of them, or by any third person, to create the
relationship of principal and agent, or of partnership, or of joint venture, or of any
association.
(c) Any modification, waiver, amendment, discharge, or change of this Agreement
shall be valid only if the same is in writing and signed and acknowledged by all of the Parties,
and an original thereof is recorded in the real property records of King County, Washington.
(d) In the event any term, covenant, condition, provision, or easement contained
in this Agreement is held to be invalid, voided or otherwise unenforceable, by any court of
competent jurisdiction, such holding shall in no way affect the validity or enforceability of
any other term, covenant, condition, provision, or easement contained in this Agreement.
(e) Paragraph captions are inserted as a matter of convenience and for
reference and in no way define, limit, extend or describe the scope of this Agreement or
any of its provisions.
(f) Notices. Any notices required by this Easement shall be in writing and shall be
personally delivered or sent by first class mail to Grantor and Grantee respectively at the
following addresses, unless a Party has been notified by the other of a change of address,
To Grantee:
To Grantor:
City of Tukwila
Parks and Recreation
Attn: Rick Still, Director
12424 42"d Ave S
Tukwila, WA 98168
King County Department of Natural Resources and Parks
Water and Land Resources Division
Attn: Mitigation Reserves Program Manager
201 S. Jackson Street, Suite 5600
Seattle, WA 98104
Page 6 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -7 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSlgn Envelope ID: E2C75637-C21A-4AF3-9F26-61350FOAC37CA
Entered into as of the day and year first above written.
KING COU "TY a
State of W e.0
By:
Nal r
Tit e:
By; CIA -1'1S tUfea
CiocuSIgned by
Sr. eIREED5V6V6cuting Attorney
CU STgale4 APPROVAL:
By:_ imsirmirvrbitName:
Title: Division Director,
WLRD
GRANTEE:
THE CITY OF TUKWILA, a municipal
corporation of the State of Washington
By:
Name: Allan F.kberg
Title: Mayor
Approved as to form:
By:
Office of the City Attorney
Page 7 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -8 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that?//!: LA —
' ---t
person who appeared before me, and said person acknowledged that _he signed° this
instrument, on oath stated that he is authorized to execute the instrument and acknowledged it
as the til k, ( , , of i''', 1 1,, 't i R. to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
is the
Dated:'
Printed name
Notary Public in and for the
State of Washington
Residing at
My appointment expires ((1'
Page 8 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -9 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSlgn Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that 1 know or have satisfactory evidence that Aki
person who appeared before me, and said person acknowledged that d this
instrument, on oath stated that 13 is authorized to execute the instrument and acknowledged it
as the Fre: Ar
of644 'ilitieVisto,gt to be the tee and voluntary act of
en r
such party for the uses and purposes mentioned in the instrument.
is the
Dated:
CATHERINE HICKS
Notary Public
State of Washington
Commission # 177218
My Comm, Expires Apr 12, 2023
Printed name
Notary Public in and for the
State of Washington
Residing at
My appointment expires 44rZi 16 Z3
Page 9 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -10 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75037-C21A-4AF3-9F26-6650FOAC37CA
EXHIBIT A
EASEMENT AREA
LEGAL DESCRIPTION
Parcel A:
The North 20 feet of the following described property:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M. in King
County, Washington, lying Easterly of the East line of Primary State Highway No. 1, as
conveyed to the State of Washington by deed recorded under Recording No. 3909046, and
South of a line 435 feet South of the North line of said Government Lot 2
Parcel B:
The East 20 feet of the following described property:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M. in King
County, Washington, lying Easterly of the East line of Primary State Highway No. 1, as
conveyed to the State of Washington by deed recorded under Recording No. 3909046, arid
South of a line 435 feet South of the North line of said Government Lot 2;
Except that portion lying within Parcel A above.
Parcel C:
The Westerly 20 feet being parallel to the Westerly line and as measured 78 feet from the
South line of Parcel A above of the following described property:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M, in King
County, Washington, lying Easterly of the East line of Primary State Highway No. 1, as
conveyed to the State of Washington by deed recorded under Recording No. 3909046, and
South of a line 435 feet South of the North line of said Government Lot 2;
Parcel D:
The Westerly 10 feet being parallel to the Westerly line and as measured 110 feet from the
South line of Parcel C above of the following described property:
That portion of Government Lot 2, Section 9, Township 23 North, Range 4 East, W.M. in King
County, Washington, lying Easterly of the East line of Primary State Highway No. 1, as
conveyed to the State of Washington by deed recorded under Recording No, 3909046, and
South of a line 435 feet South of the North line of said Government Lot 2;
Page 10 of 11
Instrument Number: 20210511002281 Document:EAS Rec: $113.50 Page -11 of 11
Record Date:5/11/2021 4:11 PM King County, WA
DocuSign Envelope ID: E2C75637-C21A-4AF3-9F26-6B5OFOAC37CA
EXHIBIT B
SITE MAP
,PalKoy. foe: Wo: 0,41e me"
LEGEND
cJ Properly C•trker KC Parcel boundaries
TrailEaGernerq ;approx 0 44 zr...-) Roads
.0 Parking Area (A pprox Open Watei
Bioretenrion Area Approk
Page 11 of 11
141r7.ZION=INIC,=====.,
0 100 200
kg King COI/ n ty