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HomeMy WebLinkAboutSP-Exceptions 058_9405251431• f WF1MV9SW=W l6RAW= offiaciamcwOrt 2m MM w ls& lira W. 96DSS 5A-92-006 aq A SPRINGBROOK CREEK TRAIL EASEMENT / ry , This Easement is made as of the ay of 199io-by and between LONGACRES PARK, I , a Washi Ifton corporation ("Grantor") and the City of Renton, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of certain real property ("Property") located in the City of Renton, King County, Washington and more particularly described in EXHIBIT A. B. The eastern boundary of the Property is formed by Springbrook Creek ("Creek") as approximately designated on EXHIBIT B. C. Grantor intends to develop its Customer Service Training center ("CSTC") on a portion of the Property west of the Creek. D. The City desires to establish a public pedestrian trail ("Trail") along the Creek's western shore as the Creek borders the Property. E. Grantor is willing to quitclaim an easement for the Trail to Grantee, subject to the certain terms and conditions contained herein. f AGREEMENT NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Grantor hereby quitclaims to Grantee a nonexclusive easement across, along, in, upon and over that portion of the Property designated as the "Trail" on EXHIBIT B as reasonably necessary in width, but not wider than eight (6) feet, for the purpose �f public use of the Trail. This Easement is made subject to and conditioned upon the following terms, conditions and covenants which Grantee promises to fully observe and perform: TRAIL EASEMENT 103009-0952AB02 i0110.16Ab1 POSE 1 i!!1 f6A a 0 • 1. Except for Emergencies and for Maintenance Purposes, Use of motorized vehicles on the Trail Is Prohibited. -' 2. Use of Radios or Cassette Decks on the Trfdi Is ° Prohibited. Grantee shall place appropriate signs prohibiting use of radios or cassette decks along the Trail, and shall make reasonable efforts to enforce this prohibition. 3. Use of the Trail Shall Be Limited to Pedestrians. 4. Compliance with Laws and Rules. Grantee shall at all times exercise its rights herein accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction- S. Hours of Use Public use of the 'Frail shall be restricted to daylight hours only. 6. Maintenance All maintenance work to be performed by Grantee on the Trail, including maintenance of interpretive signs, shall be completed in a careful and workmanlike manner free of claims of liens. The Trail shall be maintained with the materials of construction and to the design standards as originally v4 constructed. q17. Restriction on Access by Grantee N Grantee shall exercise its rights under this Agreement solely on and within the Easement, and shall not have any O right of access, ingress or egress over any other part of Grantor's land. B. Posting of Restrictions Grantee shall post and maintain appropriate signage containing all rules, regulations and restrictions for public use of the "Frail. $ . Use of Easement Area by granter Grantor retains) the right to fully use and enjoy the land Subject to the Easement, including the right to UVs the nurface to the extent such use does not interfere with Grantee's rights hereunder. drantor agrees not to *toot TRAIL EADEAAENT 103008436249521040.1541.4 rm a stilt" buildings or structures on or over the Easement. Grantor does, however, reserve the right to construct private trails ("Private Trails") adjacent to, intersecting or crossing over the Trail. These Private Trails will be limited to the use of Grantor's employees or business invitees, and will be marked as private property. If the public uses the Private Trails or otherwise trespassds on Grantor's property, Grantor reserves the right to construct such security fence or devices as necessary to prevent public access to the Private Trails or private property. iv. Termination This Easement shall terminate upon: a. Abandonment or non-use by the public for two consecutive years or more; b. Failure of Grantee to maintain the Trail, as provided in Section 6 above, for two consecutive years or more; or C. Failure of Grantee to hold Grantor harmless from liability as provided in paragraph 14 hereof. 11. Release of obligations on Termination U 114 No termination of this Easement shall release Grantee L7 from any liability or obligation with respect to any matter Ooccurring prior to such termination. wn 12. Reversion The rights and benefits of Grantee contained herein shall automatically revert to Grantor upon any grant, sale, conveyance, or quitclaim of this Easement or any of the City's or public rights herein to any other party. 13. Relocation or Realignment Grantor reserves the right to relocate or realign the Trail, or any portion thereof, at its sole discretion and at its sole cost and expense, if necessary for the conduct or Grantor's operation of the CSTC, provided that the relocation or realignment shall not substantially impair the use or purpose of the Trail. Any such relocation of realiVn ant shall maintain and continue connection to the balance, if any, of the Trail network. Upon any such relocation or realignment, Grantor shall grant a now easement for the n"w portion of the Trail, and Grantee shall reconvey those portions of the existing Easement no longer rwpir d for the Trail. TRAIL EASIMINT josoono3921219:1040.1 b41•4 *AGE 7 AMW s s 41-4 De) V) 14. Hold Harmless and Indemnity Grantee does hereby release, indemnify and promise to protect, defend and save harmless Grantor .from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorneys, fees incurred by Grantor in defense thereof, asserting or arising directly:or indirectly on account of or out of any acts or owissions of Grantee and Grantee's servants, agents, employeas .and contr&ctors related to this Easement or public use of the Trail. 1S. Notices Notices required to be in writing under this Easement shall be given as follows: If to Grantor: Renton Division, Director of Facilities Boeing Co=ercial.Airplane Group P.O. Box 370'1 MIS 6Y-5D Seattle, WA 98124-2207 with a copy to: Richard E. McCann, Beg. Perkins -Coie 1201.Third Avenue, 40th Floor Seattle, WA 98iD1--3099 If to Grantees Mayor Earl Clymer City of Renton 200 Mill Avenue South Renton, WA 98055 with a copy to: Lawrence J. Warren, Esq. Warren, Kellogg, Harbor, Dean Fonts* 100 S. Second Street P.O. Box sat Renton, *4 96057 Notices shall be deemed effective, if mailed, 40M th* Chard day following deposits thereof in the United straw wall, postage prepaid, certified or registered sail, xftum I�ipt rsquas,tad, or upon delivery thereof It otierniar qi�. Zithar party may change the address to which notice* aay be given by giving notice as above provided. TRAIL 1ASIM3N7 (Oi008•0312f!s! 24040.154!•, lM 4 0111111104 L--:] is. successors The rights and obligations of Grantor shall inure to the benefit of and be binding upon its .successors and assigns. LONGACRES PARK, INC., a Washington corporation By: �.T1 J. Nelson, Vice resicient APPROVED AS TO FORM: THE CITY OF RENTON, a municipal corporation of the State of Washin n i �•1-+��� .By Lawrence J arren, Nam 1 City Atto Title: Mayor ATTES 1 Name: 4 .il n J. Petersen Title: ' HlPrk STATE OF WASHINGTON } } ss. COUNTY OF 1N } On this � day of /4Ay 1990 b tore me, the undersionod, a Notary Public in ana For the State of Washiln' duly commissioned and sworn, personally appeared to me known to a the parson who siqnsd as r of The City of Renton, the ':nunia pa corpora an t at geacu the within and foregoing instrument, and acknorl"gaid Baia instrument to be the free and voluntary &eat and dead at said corporation for the uses and purposes therein vAntlemd, avid on oath stated that _,,401he WAS duly IMISA d, Qulif l d aTA Acting as said officer corporation, that A& we* TRAIL EASOMENT 103Q0a •a242191021040.1541-4 "M s tf! 104 a authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation_ IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. - AW-4�� NOT"Y PUBLIC A and ;for the :state of Washington, residing at My Appointment Expires: 4917 STATE OF WASHI ON ) ss� COUNTY OF ) 1 M On this -day of X19 before sae, dT the undersi , a wotarl* and cr the to of V4 Washington, duly commissavn sworn, pat'ays>a31� appesrlftd its James Z. Nelson, to sae known to be the .person �afaai sited as � Vice President of "GACRES pAW, INC.:, the aratarm the;. a.e a executed the within and foregoing instrnt,Md -ackwWUdged said instrument to be the free AUG va3uutary aft and de" of said corporation for the uses aAd pu poses thexreixa Saar aped, and on oath stated that he was duly elated, -lied Amd acting as said officer of the corporation, ihtts s" authorized to execute said insttuaffl t and that :sail affixed, if any, is the corporate Baal of saidaratian.. IN WITNESS WHEREOF I ha; a #a s � official seal the day and ye f w Of N4AhLT4M=, my iftbaft 'Ne3,tbe: "AIL !AiMOW "MI 107006d139218"M4011941.4 111144 LI EMBTT A Page 1 of 6 PARC£L 1 All that certain real property situate in the City of Renton, County of King. State of Washington, being Government L.ot 14, and a portion of Govenam m Lot 8, both in Section 24, Township 23 North, Range 4 East, Willamcne Meridian, And aportion of the N.W. 114 of the S.E. 1/4 of said Section 24, and a portion of da: N E. 1/4 of the-S.E. 1/4 of said Section 24, and inning more particularly described as follows - BEGINNING at the Southwest corner of the N.E. 1/4 of the S.E. 114 of said Section 24. 8nenee from said POINT OF BEGINNING, along the East lint of said Govannum Lot 14 SOV56-17-W 68.96 feet to the North line of 131auy A. Mender's Donation Land C Wm No. 46, t w9m alter stud North Fine N$7.13'57'W 1462.39 %yet; tlmce kaving said NW& line IW22'11-E 1022,22 foes to the southerly right-of-way lime of 1-405; tmm alag said nuftdy vVa-of-way .lit mad the south right-of-way line of S.W. 16h Strata *m a tare= thmt beats 11 Q*M—S7'E, alum rho are Of a curve to the right having a tatdi us of 543.14 to mad a camel angle of 26.45'00", an arc kao of 253.58 feet; thence tangent to the precoft curve Na9'37!5M 11179.E3 beet; dm" tzgpm to the preceding course along the arc of a curve to fft kit bavtqg a radiiu of 1940.0 feet and a a utml angle of M*52'00", an are kr4* of 97M feet; dxaor USE pea ma%% curve NS6'4M'£ 4.56 fat; Umnce tattgratt soft preecedina course altar fate arc of a cncw+e 10rite tWht Stavinga radius of 1990.08 feet AMA central angle of 131'32'S5", an art kr4A of 50 $1 %et; to dw aottlmmm corner Of the parcel conveyed to are Cg of R=*m marder A.F. M11D3061t1,Mft Couray tacar ds; don along the boundary of last said parcel S4a'3i'36'W 42.70 ka ,mad N73" IT48-E 59.77 ha to the west night of way lire of ft WaM Rker DrabW Di t No. 1. as ao0dramned in Supa9or Court Cauee No. 32912. Sing County VAcatts; *mm a0mg ram yea got 08 VW one rho b1bwInng courses: Soo'25'33'E 47.35 fleet, SK'845'32'W 4t.261W, SOrI'14'4ft4iZg 4ret StV25'S8-E 66.50for, SW05'3I}'E40.146E.S30"JSWMML32bec.S39'33jC`,£33.19taet b90 W16-E 76.04feet, S27.12'00-E34.S6*Ka S31-10WE41.016n.s36W41`R7C11Lat.331-'12-E 42.0 bat. S42.05'2TE47.21lrot.SMl-i!''S7WE47A7*ot S'2s'Q`ES9J2e t,SS©-3T12-E 39.63 feet, S$1-16'55-E 4916 ileac, St'36MM SL75 %K. NW -WI "8 9492 that. S55.04'26-E 53.26 feet, SW31'3[!-1 l.Z5 *et. S39'"-E 49.84 fist, S36'4ri'i5"E+16.?b aver, S44.53'21'E48.07 feet, S39' 35.411bet, S3V4$,41-E46.6liliiet, S'20'0T AM RS.721M, and S24.18'59'E 68.77 fact tat do Sam& line of rho N.E. 114 of iA ;li lt+. I M of said Seaton 24; thence along Eats acid South sae 1+A7.2b'43'lir 91#.35 %et m for ll'mr oF smoomG. Contains 47.669 Aria of lard mm or lots. 'Ilse 8sis of Haarigga for t ieaotlption it Orr Raoord of Smrvsy 1br lrvadacta Lae.. ascot clad in Book 10 of Sut�ayt to 11� 2, radar Elemoveiina hlo. Tl'OR289fi02, )8ys Oowtq► . L.S.11569 7LWIFWC 12-04-91 REWARCI .LEG 3.2464.3f06 EXHIBIT A Page 2 of PARCEL I All that certain real property situate in she City of Reston, Coanry of King. State of ,. Washington, being a portion of the S.W. 114 of the N.E. 114. and of the N.W. 114 of the S.E. 114 of Section 24, Township 23 North. Range 4 East, Vrftnette Meridian. and being more particularly described as follows: Commencing at the intersec ion of the North margin of S.W. 16th Sam (South 153rd SQ. with the West boundary of C.D. Hillman's Ewliggton Gardens Addition to the City of Seattle, Division No. 1, as per the Plu recorded in Volume 1? of Plats. PoSe 74. Records of King County; thence from said POT ,1T OF ICEMENT. Westerly al"g sab North margin. 350 feet to the TRUE POINT OF BEGINNING of this PARCEL k ftm from laid TRUE POINT OF BEGINNING, muinuing Westerly abog tE North mWS-m Sg9'37'STW 257.00 4 feet; thence leaving said Northerly m2r& st A& is alm, ldpp` VM 214.06 fm so the 01) .e Southerly right-0f way line of. SR 405; thtmm ajo% acid SoUMNly Md-of.,kay lice from a Ntangent titer bears N78 013'53'E. along Btc arc of a com to to d*d hadgg a tadias of 2765.00 Nfeet, and a central angle of 03'23'22', an arc length of 2M.09 feet; ibe w ilesavigg acid Southerly right-*f--Way Ike SOV22'03'E 253AI feet 10 the TRUE POINT OF BEGINNING. CONTAINS 1.39 Acres of had mote or ims. Tbe Bads of Dealings star tins rmrded in Boob 10 of SMVM at Pere 2. tttrdt Raaotft No. 7707ZIM. Xbg County rccosds. M ZZEIBIT A Page :s t- 6 PARCEL J All that certain real property situate in the City of Renton, County of King, State of Washington, being a portion of the S.W. 114 of the N.E. 114, and of the N.W. 1/4 of the S.E. 1/4 of Section 24. Township 23 North, Range 4 East, Willamette Meridian. and being more particularly described as follows: Commencing at the intersection of the North margin of S.W. 16th Street (South 153rd St.), with the West boundary of C.D. Hillman': Earliagton Gardens Addition to the City of Seank, Division No. 1, as per the Plat recorded in Volume. 17 of Plats, Page 74, Recotdt of King V4 County; thence from said POW OF COMMENCEMENT, Westerly along said North margin, 607 feet to the TRUE POINT OF BEGINNING of this PARCEL J; thence from said TRUE r' rf POINT OF BEGINNING, continuing Westerly abn said North margin S&9.37'57'W 120.00 N feet; thence leaving said Northarly Margin at right artgles, N00022V30W 197.07 feu to the L1 Southerly rightof way Tine of SR 405; thence bong said Southerly right-0f way line from a ent that bears N75.40'56'E, � >�g along the arc of a aave>Q fire ti&k havigg a radios of 2765.00 fea, and a oerttral angle of 02'3257', an are k gth of 123.02 fea; thence leaving acid Southerly right-0f-w00y litre S00'22103'E 214.06 feet to the TRUE POINT OF BEaNmG. a _ a CONTAINS 0.55 A== of had more or less. i a The Basis of Bearings for this description le dw Record of Survey for 11rroadscz=, Inc., recorded in Book 10 of Surveys at Page 2, under Rem No. 770nM02, King C9ormty , records. FWC 11.21.91 PARCSl LZO 3.2464.39M T, i 113M BIT K Page 4 of 6 PARCEL K All that certain real property sibtate in the City of Renton, County of King, State of wasnington, being a portion of the N.W. 114 of the S.E. 114 of Section 24.'l'ownship 23 North, Range 4 East, Willunette Meridian, and being more particularly described as follows: Commencing At the intersection of the Notch margin of S.W. 16th Street (Saulh 153rd St.). with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seattle. Division No. 1, as per the Plat recorded in Wheat 17 of Plus, Pate 74, R e M* of King County; thence from said POINT OF C M61MENCEMENT, Westerly aloes said Nonh twin, T17 feet to the TRUE POINT OF BEGINNING of this PARCEL K; thMM ftm said TRUE M >tinu POINT OF BEGINNING, coting Westerly along said North martin 389'37'57'W 62.00 feet; thence leaving said Northerly � mt y margin at right angles, N00'22'03'W 170.90 feet to the � Southerly right -of way line of SR 405; tinpnee along said Soudwealy rightof--way Wfee m a V) tangent that bars N74.21'17'E. dM the arc of a auve to the right having a radius of 2765.00 cl 0 feet, and a Central angle of 01019139, an arc kngtit of 64.06 Poet; ftwe leaving said Southerly 0 right -of --way fine S00'22'030E 187.07 fees to the TRUE POINT OF BEGINNING. it i CONTAINS 0.25 Ages of land more or less. The Basis of Bearings for this tie w%don is the Record of Survey fbr Broadacm. ,Ina., recorded in Book 10 of Surveys at Page 2. under Raaording No. 77073g9002. King owmy records. FWC 11-21-91 PARCEMLEG 3-2464.38% E .4 M d O 1=111T a. Page 5 of 6 PARCEL L 411 that certain real property situate in the City of Renton, County of King, Start of Washington, being a portion of the N.W. 114 of the S.B. IM of Section 24. TownshiP 23 North, Range 4 East, Wii!amene Meridian, and being more particaMy describes as follows: Commencing at the intersection of the North margin of S.W. 16th Strew (South 153rd St.), with the West boundary of C.D. Hillman's Firlhgpn Gardens Addition to the City of Seattle, Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, Records of King County; thence from said POINT OF COMMENCEMENT, Westerly abng slid North margin, 789 feet to the TRUE POINT OF BEGINNING of this PARCEL L; thence from said TRUE POINT OF BEGINNING, condnuing Westerly along said North margin S89°37'S7'W 65.00 feet; thence N00'22'03'W 15.00 feat; thence S89'37157'W SO.00 feet; dmwe roving said Northerly margin at right anglrs, 1400.221036W 121.79 feet to the Southerly right -of way line of SR 405; thence along said Southerly right-of-way lice $tom a tangent fiat beams N71'52'08'E, along the arc of a curve to the right having a radius of 2765.00 foot, crud a central angle of 02'29'09', an we length of 119.96 feet; them leaving said Southerly rigiht-o% way line SOO'22'03'E 170.90 feet to the TRUE POINT OF BEGINNING. CONTAINS 0.39 Acres of land more or less. The Basis of Bearings for this desaWon is the Record of Sm q for Bmtidsctet, Inc., recorded in Book 10 of Surveys at Page 2, under R000rding No. 77071i9002, King County records. PWC 11.21.91 PARCILL120 3.2464-3106 '/.f/rf/ 0 + RMBIT N Page 6 of 6 PARCEL M All that attain real property situate in the City of Renton, County of King, State of Washington, being a portion of the N.W. 114 of the S.E. 114 of Section 24, Township 23 North, Range 4 East, Willamette Meridian, and being tnofe particularly described as follows: Commencing at the intersection of the Notch margin of S.W. 16ttt Street (South 153rd St.), with the West boundary of C.D. Hillman's Earlington Gardens Addition to the City of Seaale. Division No. 1, as per the Plat recorded in Volume 17 of Plats. Pate 74. Rsoords of King Catnty; thence from said POINT OF COMMENCEMENT, W swrly along oast North tttargin, 854 fat; thence N00.22'03' W 15.00 fact; dwAm S89.37'S70W 50.00 heat to ae TRUE POINT OF BEGINNING Vol of this PARCEL M; thence from said TRUE POINT OF BEGINNING, aontuatft along said M North margin SS9'37'57.W 65.00 fat; thane S44'37157'W 21.21 feet; throne S&9'37'57"W 124.11 feet; to the Eastcrty ft of a Pasta ovnreyed to the Satre of Washington by deed recorded under Auditor's Fib No. 5494126. King Canty records; dwm kavbW said North LP� margin of S.W. 16th Suva along last said Easterly litre =*42.33'W 56.60 feet toff Southerly Cright -of way line of SR 405; dmm along said Soutlwe right-of-way line on a spiral chord M bearithg of N66'40'47'E 68.54 fect; Omm hen a contour that buts N68'171560E. don& the arc of a curve to die right havlag a radius of 2765.00 hot. and a aettod =Sk of 03'34'27', an are length of 172.48 feet; thence kavlgt uld Stiudwrly d&-0fJM line SOO'22'03'E 121.79 fat to the TRUE POINT OF.BF.CiBad G. CONTAINS 0.46 Aches of land mom or lass, The Basis of Bearings for this descripdon h the Roartd of Survey for Broadscru, Inc., tsnotded in Hook 10 of Surveys at Page 2, awler Recording No. 770728M, King County tsaords, ♦a—na -jr a PARCELM 120 3.2"3106 120