HomeMy WebLinkAboutAR Draft Public Pedestrian Easement
AFTER RECORDING, RETURN TO:
Avana Ridge, LLC
9675 SE 36th Street, Suite 105
Mercer Island, WA 98040
DEDICATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ON PRIVATELY OWNED PROPERTY
Grantor: Avana Ridge, LLC, a Washington limited liability company
Grantee: Public
Abbreviated Legal
Description:
A PORTION OF LOTS 1 AND 2 OF CITY OF RENTON LOT LINE ADJUSTMENT
NO. LUA‐09‐024‐LLA, LND‐30‐0349, RECORDED DECEMBER 16, 2011
UNDER RECORDING NO. 20111216900001, IN KING COUNTY,
WASHINGTON.
Tax Parcel Numbers: 292305‐9009 & 292305‐9148
Reference Numbers of
Related Documents: N/A
DEDICATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ON PRIVATELY OWNED PROPERTY
AVANA RIDGE, LLC, a Washington limited liability company “Grantor”, being the sole owner of the real
property hereinafter described, for adequate consideration, receipt and sufficiency of which are hereby
acknowledged, and intending to be legally bound, does hereby make in perpetuity for the use of the
general public, in a manner consistent herewith, the following public pedestrian easement dedication:
1. AREA TO BE DEDICATED
The area hereby dedicated is described in Exhibit A attached hereto and made part hereof as
though fully set forth herein.
2. PURPOSE OF DEDICATION
The real property herein described is dedicated to the general public in order to allow pedestrian
access and entry on the dedicated area by the general public and all members thereof for the
peaceful enjoyment of the dedicated area. Grantor reserves all rights and uses in and to the public
access area which are not repugnant to the uses herein granted.
3. LIMITATION ON DEDICATION
The rights of the general public and all members thereof, granted herein, are subject to the
following limitations:
(a) Access to the dedicated area by land vehicle is specifically excluded from the dedication.
Access by land vehicle shall be upon specific invitation of the Grantor only.
(b) The entire dedicated area shall be open to the public from 8:00 am through dusk daily. The
hours of operation shall be included on the “public access” signs.
(c) All or any portion of the dedicated area may be temporarily closed to the public from time to
time for the purposes of repairs and maintenance.
(d) Pursuant to RCW 4.24.210, neither the Grantor, nor the City of Renton, nor the State of
Washington, or the officers, agents, employees of said City or State shall be responsible or
held liable for injury or damage occurring to the members of the general public availing
themselves of the dedicated area, unless the injury or damage results from an immediate,
direct and negligent act of the party sought to be held, and in no event shall the Grantor, City
of Renton or the State of Washington be responsible for any act or omission of a third party,
or be responsible for the failure to provide security or supervision for members of the general
public for acts of omission of other members of the general public.
(e) The Grantor shall have the sole and separate responsibility of maintaining any portion of the
dedicated area to which the general public shall have access and shall defend and save
harmless the City of Renton and the State of Washington, including their officers, agents and
employees from any claims real or imaginary asserted by any person for injury or damages
resulting from improper maintenance of said dedicated area. The standard of maintenance
shall be equal to the standards of maintenance practiced by the City of Renton in regards to
its parks.
(f) Grantor shall install and maintain, at such locations within or adjoining the dedicated property
as may be designated by the City of Renton, “public access” signs.
4. AUTHORITY OF GRANTOR
Grantor warrants to the City of Renton that Grantor’s ownership interest in the real property
described herein includes the full power to enter into agreement and/or covenants which will run
with the land and bond all owners of said property, their heirs, successors and assigns.
5. DEFINITIONS
As used herein:
(a) The word, “Grantor,” shall include the heirs, successors and assigns thereof,
(b) The words, “land vehicle,” shall include motor vehicles, bicycles, skateboards and other
vehicles designed to operate upon land whether self‐propelled or not; providing that “land
vehicle” shall not include a wheelchair or similar device whether or not self‐propelled when
used by a handicap person.
DATED this ____________ day of ____________, 20XX
AVANA RIDGE, LLC
a Washington limited liability company
By: ________________________________
_________________
Its: Manager
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this _____ day of ___________, 20XX, before me, the undersigned, a Notary Public in and for
the State of Washington, personally appeared _______________________, Manager of Avana Ridge, LLC,
a Washington limited liability company, the limited liability company that executed the within and
foregoing document, and acknowledged the said instrument to be the free and voluntary act and deed of
said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the said instrument on behalf of said company.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written.
_______________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at___________________.
_______________________________________
(Print Name)
My Commission Expires: __________________