HomeMy WebLinkAboutE 9207222434 � WHINRECORDEDRErGTRNTo: � � Revised Tract B, Naches ,
Office of the City Qeek
Renton Municipal Building
200 Mill Avenue Soilth
Renton,WA 98055
PUBLIC ACCESS EASEMENT AGREEMENT
THIS PUBLIC A�CESS EASEMENT AGREEMENT ("Agreement") is made
this � day of J.�,����----_ , 1992, by and between FIRST CITY
WASHINGTON, INC. , a Washington corporation, hereinafter referred
to as "Grantor, " and the CITY OF RENTON, a municipal corporation,
hereinafter referred to as "Grantee. "
RECITALS:
A. Grantor is the owner of that certain real property more
particularly described in Exhibit "A, " attached hereto and by
this reference incorporated herein ("Grantor's Property") .
B. Grantor and Grantee desire to establish an easement
over and across a portion of Grantor's property (the "Easement
Area") to provide public access for viewing the wetland area
� adjacent to the Old Black River channel (the "Wetland Area") and
.,�. its associated wildlife. The Easement Area is depicted in
�^� Exhibit "B-1" and more particularly described in Exhibit "B-2, "
Nattached hereto and by this reference incorporated herein.
�
� C. Grantee intends to commence preparation of an Open
T Space/Wildlife Habitat Master Plan (the "Master Plan") .
�,
NOW, THEREFORE, for valuable consideration, the receipt and
legal sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. EASEMENT (CONDITIONAL) . Grantor hereby grants and
dedicates to Grantee and to the public a non-exclusive easement
across the Easement Area for the purpose of viewing the Wetland
Area and its associated wildlife for so long as the project
permitted by the Memorandum of Agreement dated November 20, 1991
between Grantor and Grantee has active permits, is under
construction or in existence. This grant of easement is
expressly conditioned upon the designation of the Easement Area
as a public viewing access in the Master Plan. In the event that
the Master Plan is not adopted within ten (10) years from the
date of this Agreement, or in the event that the Easement Area is
not designated in the Master Plan as a public viewing access,
then this agreement and the easement created hereby will
terminate automatically without any further action by either
party.
2 . LIMITED USE. Public use of the Easement Area shall be
limited to pedestrians. Public use of the Easement Area shall be
limited to the hours of dawn to dusk. Grantee shall adopt other
rules and regulations for use of the Easement Area, which rules
and regulations must be reasonably approved by Grantor. Grantee
shall have sole responsibility for enforcement of any rules and
regulations affecting the Easement Area, including but not
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..,-. -,�„
limited to posting of rules and regulations and, in the event of
continued public abuse or vio��tion of applicable rules and
regulations, Grantee agrees t.o cooperate with Grantor in
temporarily closing off the Easement Area to public access.
3 . MAINTENANCE. Grantee shall be responsible for
constructing, maintaining and repairing the Easement Area and
Grantor shall not be assessed for said construction, repair and
maintenance.
4 . INDEMNIFICATION. Grantee shall hold harmless and
indemnify Grantor from any and all claims, demands, and causes of
action brought by any third parties relating to the use of the
Easement Area and shall reimburse Grantor for any costs and
attorney fees incurred by Grantor in any defense of such claims,
demands and causes of action; PROVIDED, HOWEVER, this paragraph
does not purport to indemnify Grantor against liability for
damages arising out of bodily injury to persons or damage to
� property caused by or resulting from the sole negligence of
.� Grantor, or Grantor's agents or employees; and PROVIDED FURTHER,
CV that in the case of concurrent negligence of the Grantee, its
N servants, agents, employees and contractors, this indemnity
tiprovision shall be valid and enforceable only to the extent of
Nthe negligence of the Grantee, its servants, agents, employees
� and contractors, as provided for in RCW 4 .24 . 115 (2) , or as it may
hereafter be amended.
5. RUNS WITH THE LAND. The easement, restrictions and
covenants, and the benefits conferred hereby, and the obligations
imposed hereby, shall operate as covenants running with the land.
6. SUCCESSORS AND ASSIGNS. The rights and obligations of
the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
7. AMENDMENT. This instrument may be amended only by a
written instrument recorded with the King County Department of
Records and Elections executed by both the Grantor and the
Grantee or their successors and assigns.
8. REMEDIES. In the event of any breach or threatened
breach of this Agreement by either party, the other party, or
their successors and assigns, shall have the right to sue for
damages and/or for specific performance and/or to enjoin such
breach or threatened breach, the parties agreeing for themselves,
their successors and assigns that failure of either party to
perform its obligations hereunder will cause irreparable damage
to the other party. Grantee hereby expressly waives the defense
of sovereign immunity.
9. NO TERMINATION UPON BREACH. It is expressly agreed
that no breach of this instrument shall entitle either party to
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cancel, rescind, or otherwise to terminate this Agreement;
PROVIDED, however, that this provision shall not limit or
otherwise affect any other right or remedy which such party may
have hereunder by reason of any breach of this Agreement.
10. ATTORNEYS' FEES. The prevailing party in any action
brought to enforce or interpret the terms of this Agreement shall
be entitled to recover its costs and reasonable attorneys' fees
incurred in said action.
FIRST CITY WASHINGTON, INC. , CITY OF RENTON, a municipal
a Washington corporation corp tion
,._
gy; ��..�',l.L � \r..f.,�.L�1.�;�.-'-�� By.
Its: nren�R: ER�(;}�i,$O.,N Its: Ear ymer, ayor
� VICE PRESIDENT
� � �,�' ; .
�
lr
CV By: c'" /" _ __ f-
C�i Its: .•:�=� • � ATTEST.
N �:��.�'�;� f Marilyn . tersen, City CleYk
;` �
,� t,•'�:,., r�y..:;.���lt
CV
1T `"
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STATE OF �Q ' )
) ss.
COUNTY OF �,� )
n t i day personally appeared before e Ic. �1l,lC�'IS�YI �
l�, , to me known to be the , �,
of FIRST CITY W SHINGTON, INC. , the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that
� Q�t,l� -�s� authorized to execute the said instrument
and that the seal affixed, if any, is the corporate seal of said
corporation.
��o����e�����
G'vesp�����i�and and official seal this ('� day of
P ,......� ♦ 1992 .
a'• .
:� 41�;� '��:O,�'
+ •c�� NOTARY �: '
� : . •
—it-- � � ,f
� • �
•„� � N ' PUBLIC ' 2 e YL(�
'• �` �•9A q�y' O.• Nota y P lic i and for t State
c'''3 ,9 .
�� '�,�'9 j��'•!C 2 9�;'' ��.`' of r , residing at y�
Cv ��i����fiyypg�►����� My commission expires:
N
� 1
`� STATE OF \,�j�S����o� )
tT ) s s.
COUNTY OF )
I certify that I kn w or have satisfactory evidence that
��,PLCf,y,(��Q,�,A�,$R�(.y,(/ �C��Q,y�i� signed this instrument, and on oath
stated that he/she was authorized to execute the instrument and
acknowledged it as the �pyp,�, ,g,�/D C�rf d��i l�- of the CITY OF
RENTON, a municipal corporation, to be the free and voluntary act
of such party for the uses and purposes mentioned in the
instrument.
� SWORN TO AND SUBSCRIBED before me this � day of
, 1992 .
i
, `�,� �(�, .
��
Notar Publ in d for th State
of � : o� , residing at �--y�..
My commi ion expires: ��-,�� -��
FC175011AA03052.AGK
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TRACT B
EXHIBIT "A"
That Portion of Tract D, Waehinqton Technical Center, as recorded
in Voluae 122 of Plats, paqee 98 through 102, recorda of King
• County, Haehiegton, lying Northarly of Southwoat 7th Street aa
deedad to the City of Ranton by deed �iled under Recorder'a No.
8702100643, and Keaterly ot Naches Avenue Southweat as deeded to
the City of Renton by deed filcd under Recorder•a No. 8702100644,
records of aaid County.
� First City
-� BRH Job Noa. 86230 i 86083
nJ April 28, 1987 �/� ��IS,o/
CV ALH/Surv, 17, 86230
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��,_,.- "�.,.�w ��, C � � � '`;" sd'- �' TRACT B
�, .��' ,,!
~� ' . ��''.:� BL Rr E
�-�- � ACK V R � —
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, '�'\�, '�� �v �� • CORPORATE .PARK sRE��►N
�\ , i'� REHTON WASHINGTON � EXHIBI
�� � FlRST CRY DEVELOPWIENTS CORP. ��°z��
v;.. ,,( .
•� �.. B—i
.o.w. .,�.�
W�
FulrY•
ern. w
BUSH, ROED & HITCHINGS, IrvC.
EXHZBIT "B-2"
TRACT B ACESS EASEMENT DESCRIPTION
THAT PORTION OF TRACT B OF WASHZNGTON TECHNZCAL CENTER, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 122 OF PLATS, PAGE 98
THROUGH 102 , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID
TRACT B AND THE WEST MARGIN OF NACHES AVENUE SOUTHWEST AS DE-
SCRIBED IN DEED RECORDED UNDER KING COUNTY RECORDING NO .
8702100644;
THENCE SOUTH 01�45 '00" WEST 36.00 FEET ALONG SAID WEST MARGIN TO
THE SOUTH MARGIN OF STORM DRAINAGE EASEMENT SHOWN ON SAID PLAT
AND THE TRUE POINT OF BEGZNNING;
THENCE CONTINUING SOUTH O1°45 '00" WEST 40. 00 FEET ALONG SAID WEST
�. MARGIN;
� THENCE NORTH 88°15 '00" WEST 20. 00 FEET;
�" THENCE NORTH O1°45 '00" EAST 40.00 FEET TO SAID SOUTH MARGIN;
� THENCE SOUTH 88°15 '00" EAST 20. 00 FEET ALONG SAID SOUTH MARGIN TO
(V THE TRUE POINT OF BEGINNING.
�
� THE PARCEL DESCRIBED ABOVE CONTAINS 800 SQUARE FEET, MORE OR
�j LESS.
SITUATE IN THE CITY .OF RENTON, KING COUNTY, WASHINGTON.
FIRST CITY WASHINGTON, INC.
� BLACKRIVER CORPORATE PARK
�`,�P�N'�' �JC� WILLIAM A. HICKOX, P.L.S.
y��.:�oF AsHi1;,�f APRIL 8, 1992
'� c�':: BRH JOB NO. 92090/SUR 53-B
r� �'. Z�
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'�;P-`•'P<C/;--�:FO • .�
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,
i EXPtr,ES ?;17/--�. .