HomeMy WebLinkAboutRes 0762 - Easement for Public Access to Green River Shoreline Trail80091908276
CITY OF
WASHINGTON
C ty ttorney
RESOLUTION NO. 762
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC ACCESS
TO, AND USE OF, A PORTION OF THE GREEN RIVER
SHORELINE TRAIL SYSTEM.
WHEREAS, the Shoreline official of this municipality on 9 April
1980 issued a Shoreline Management Substantial Development (80- 4 -SMP) for
development of the property to which this easement pertains and;
WHEREAS, said permit was conditioned to require a Grant of Ease-
ment for trail purposes on the north end of the subject site and;
WHEREAS, the City received a letter dated 10 April 1980 from the
property owner stating his intent to grant the subject easement.
NOW, THEREFORE, THE TUKWILA CITY COUNCIL DOES HEREBY RESOLVE
Section 1: The easement described in the attached instru-
ment and labeled Exhibit 1 is accepted per the terms and
geographic location described therein.
Section 2: The City Clerk is hereby authorized to record
said instrument with the Department of Records and Elections.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TT--UKWILA,
WASHINGTON, at a regular meeting thereof this /5 day of ,,z_A 1980.
ATTEST:
/24,(-42-40
city Clerk
Mayo r
4
EASEMENT
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This instrument, made this /fi t day of Seratemtoe✓•,
1980, by RAYMOND A. FEICHTMEIR, an individual (the "Grantor
in favor of the CITY OF TUKWILA, a municipal corporation of the
State of Washington (the "Grantee
W I T N E S S E T H
Grantor, for and in consideration of the sum of One
Dollar ($1.00) and other good and valuable consideration,
receipt of which is hereby acknowledged, grants, bargains,
conveys and confirms to Grantee, its successors and assigns,
a perpetual easement for public access and use to construct,
maintain, and operate a recreational trail and a road for
use by public health and safety vehicles across and upon the
property described on the attached Exhibits "A" and "B
Grantee shall have the right without prior notice,
institution of suit, or proceeding of law, at such time as
may be deemed appropriate by Grantee, to enter upon said
property for the purpose of constructing, operating, main-
taining, repairing or replacing a public recreational trail
and related improvements, without incurring legal obligations
or liability therefor; provided, however, said constructing,
operating, maintaining, repairing or replacing of a public
recreational trail and related improvements shall be accomplished
in such a manner that private improvements shall not be
disturbed or destroyed. In the event they are disturbed or
destroyed, said improvements will be replaced in as good
condition as they were immediately before the property was
entered upon by Grantee.
Except as herein specifically provided, Grantor shall
not use the surface of said easement; provided, however that
the Grantor shall be allowed by Grantee to use the area of
this easement to determine any building set back requirements
from the property line.
Subject to the prior approval of Grantee, the Grantor
shall design, construct, provide, and maintain the landscaping
and natural vegetation within said easement area, in the area
marked as "Grantor Maintenance Area" in Exhibit B. The Grantee
shall design, provide and maintain the landscaping and natural
vegetation in the area marked as "Grantee Maintenance Area"
in Exhibit B. Grantor shall maintain and repair the improvements
within the easement area when any improvements are damaged
within the easement from emergency vehicle use or related uses
arising out of the protection of Grantor's property adjacent
to said easement area.
This shall be a covenant running with the land forever
and shall be binding on the Grantor's heirs, successors and
assigns.
STATE OF WASHINGTON
ss.
COUNTY OF KING
RAYMOND A. FEICHTMEI Grantoii:
By Peter L. Gans, Attorney in fact
Before me, the undersigned authority, on this day
personally appeared Peter TI. Gans to me known to be the
person who signed the within EASEMENT, and acknowledged
to me that he signed the said instrument as his free and
voluntary act and deed for the uses and purposes therein
mentioned.
DATED this i2 1 day of -�t 1980.
'N'O AR'Y PUBLIC in and for the State
of Washington, residing at, _1,L J
LEGAL DESCRIPTION FOR EASEMENT
That portion of Parcel 1 as shown on that City of Tukwila Short Plat filed
under King County recording number 7906050098, more particularly described
as follows:
Beginning at the NW corner of said Parcel; THENCE along the northerly line
of said Parcel 1 the following courses and distances:
S 63 °07'11" E, 88.05 feet;
S 42 °04'00" E, 70.22 feet;
S 57 °57'21" E, 102.40 feet;
S 84 °35'20" E, 121.50 feet;
N 71 °04'07" E, 76.22 feet;
N 48 °34'59" E, 60.21 feet
S 89 °47'00" E, 110.00 feet;
E X H I B I T A
THENCE continuing N 48 °19'41" E, 55.00 feet along said northerly line to
the easterly line of said Parcel 1 being coincident with the westerly line
of Tract B as shown on said Short Plat; THENCE S 41 °40'19" E, 45.00 feet
along said easterly line of Parcel 1;
TEHNCE S 65 °23'07" W, 67.20 feet;
THENCE N 89 °47'00" W, 110.50 feet;
THENCE S 48 °34'59" W, 55.67 feet;
TEHNCE S 71 °04'07" W, 86.58 feet;
THENCE N 84 °35'20" W, 132.81 feet;
THENCE N 57 °57'21" W, 111.62 feet;
THENCE N 38 °14'31" W, 70.90 feet;
THENCE N 63 °07'11" W, 71.00 feet to the westerly line of said Parcel 1;
THENCE S 89 °47'00" E, 0.91 feet along said westerly line;
THENCE N 00 °14'00" W, 6.52 feet along said westerly line;
THENCE N 10 °34'00" W, 17.37 feet along said westerly to the POINT OF BEGINNING,
N.W. Corner of Parcel 1.
Containing 0.40 acres (17,385 S.F.), more or less.
POWER OF ATTORNEY
Know all iuen by these presents: That I, RAYMCND A. FEICH_TNEEIR,
have made, constituted and appointed, and by these presents
do make, constitute and appoint PETER L. GANS my true and
lawful attorney for me and in my name, place, and stead, and
for my use and benefit, to ask, demand, sue for, recover,
collect and receive all such sums of money, debts, dues,
accounts, legacies, bequests, interests, dividends, annuities
and demands whatsoever as are now or shall hereafter become
due, owing, payable or belonging to me, and have use and
take all lawful ways and means in my name or otherwise for
the recovery thereof, by attachments, arrests, or otherwise
and to compromise and agree for the same, and acquittances,
or other sufficient discharges for the same, for me, and in
my name, to make, seal and deliver; to bargain, contract,
agree for, purchase, receive and take hereditaments and
accept the seizin and possession of all lands and all deeds
and other assurances, in the law therefor, and to lease,
let, demise, bargain, sell, remise, release, convey, mortgage
and hypothecate lands, tenements and hereditaments upon such
terms and conditions, and under such terms and conditions,
and under such covenants, as he shall think fit. Also, to
bargain and agree for, buy, sell, mortgate, hypothecate and
in any and every way and manner deal in and with goods,
wares, and merchandise, choses in action and other property
in possession or in action, and to make, do, and transact
all and every kind of business of what nature or kind so ever,
and also for me and in my name, and as my act and deed, to
sign, seal, endorse, execute, deliver and acknowledge such
deeds, leases and assignment of leases, covenants, indentures,
agreements, mortgages, hypothecations, bottomries, charter
parties, bills of lading, bills, bonds, notes, receipts,
checks, assignments, evidences of debts, releases and satisfaction
of mortgage, and other debts, and such other
instruments in writing of whatever kind and nature as may be
necessary or proper in the premises.
Giving and granting unto my said attorney full power
and authority to do and perform all and every act and thing
whatsoever requisite and necessary to be done in and about
the premises, as fully to all intents and purposes as I
might or could do if personally present with full power of
substitution or revocation, hereby ratifying and confirming
all that my said attorney, or his substitute or substitutes
shall lawfully do or cause to be done by virtue of these
presents.
Dated this 30 day of p/ 1980.
z/a7A
STATE OF av�� t1
ss.
County of
On ,,mod /F16 before me, the undersigned, a
Notary 'ublic in and for said State, personally appeared
RAYMOND A. FEICHTMEIR, known to me to be the person whose
name is subscribed to the within instrument and acknowledged
that he executed the same.
WITNESS my hand and official seal.
Notary Public
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