HomeMy WebLinkAboutE 9207222433 4VHIENRECbRDEDRETUitNTO: Revised Tract A � '
Office of th�City Qerk
Renton Munidpal Building
200 Mill,Avenue South
Renton,WA 98055
PUBLIC ACCESS EASEMENT AGREEMENT
THIS PUBLIC ACCESS EASEMENT AGREEMENT ("Agreement") is made
this ��v day of .1c.ti�� , 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 to property owned by Grantee
which is adjacent to Grantor's Property and to the shoreline (the
"City Shoreline Property") . The Easement Area is depicted in
Exhibit "B-1" and more particularly described in Exhibit "B-2, "
f''� attached hereto and by this reference incorporated herein. The
� City Shoreline Property is depicted in Exhibit "C" attached
N hereto and incorporated herein by this reference.
c�.i
� C. Grantee intends to commence preparation of an Open
i,� Space/Wildlife Habitat Master Plan (the "Master Plan") .
N
�� 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 purposes of pedestrian ingress
to and egress from the City Shoreline Property 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 public access to the City Shoreline Property 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
public access to the City Shoreline Property, 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 reasonablyOG'�ppro�td�.�y-�G�'a�tt�r�. Grantee
- 1 -
shall have sole responsibility for enforcement of any rules and
regulations affecting the Easement Area, including but not
limited to posting of rules and regulations and, in the event of
continued public abuse or violation of applicable rules and
regulations, Grantee agrees to 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,
that in the case of concurrent negligence of the Grantee, its
servants, agents, employees and contractors, this indemnity
,,,.� provision shall be valid and enforceable only to the extent of
� the negligence of the Grantee, its servants, agents, employees
�� and contractors, as provided for in RCW 4.24 . 115 (2) , or as it may
N hereafter be amended.
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��,'
�^- 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.
- 2 -
9. NO TERMINATION UPON BREACH. It is expressly agreed
that no breach of this instrument shall entitle either party to
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 reasonably attorneys' fees
incurred in said action.
FIRST CITY WASHINGTON, INC. , CITY OF RENTON, a municipal
a Washington corporation corporation
`' C�{,�- '�..�.�t�-i,�CC:-�.-- _ �
gy: : . . By:
Its: Its: ar ymer, a r
� VIC�PRESIDENT
� � �
By� � � �r _ ,� .
��f��,`f�.. _ . . .
Its: ' �`- � � .GGG`�a,��.
;,,.3 ��,.-�~ ,�,o;�?��� ='� Marilyn J. Petersen, City Clerk
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STATE OF ��q�ph )
'I ) ss.
COUNTY OF 1c�1,V�0� )
On t is day personally appeared befo e e �,�''L�,C,(l�OYt
v. �Q , to me known to be the .�-
of FIRST CITY WA HINGTON, INC. , the corporation tha 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
� authorized to execute the said instrument
and tha the seal affixed, if any, is the corporate seal of said
corporation.
GiveA��.'4'�� �� �� hand and official seal this �_ day of
� �
� p► ��i , 1992 .
:� Q,•�.• s�ok Fto. ��•
.
.
` �v NOTARY��� �
i � • _ �
� • ��*���1 • �
: % PUB� ' .
:N� �:�•o y:_� Notary Publ ic i and f or t e tate
���9>` '•9;C 29 ��`:•'�0�.` of , residing at y�h
����OF �"'� ��1«��� My commis ion expires: (!t_Z�-G}S
•,,� WASH��.•
�•u����.a
STATE OF \ � )
�-Y-� , ) s s.
f'') COUNTY OF )
�
vI certify t t I k�no�/�''� or have satisfactory evidence that
N �Ri�LLrLYA./��2f ��.Y�P�GRS�'r signed this instrument, and on oath
� stated tha� he/she was authorized to execute the instrument and
� acknowledged it as the �AS'O,Z t ��17'j/ GfiEX,K, of the CITY OF
�T RENTON, a municipal corporation, to be the free and voluntary act
of such party for the uses and purposes mentioned in the
instrument.
ORN TO AND SUBSCRIBED before me this � day of
, 1992 .
� \
\
� i
No Pub in a� d for t State
of ' -"' , residing at
My commis 'on expires: `\-�c� -��
FCI75011AB03052.ALK
- 4 -
TRACT A
EXHIBIT "A"
LEGAL DSSCRIPTION (REMAINDER PARCEL)
BLACRRIVER CORPORATB PARR - PHASE VIII
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M. , KING COUNTY, WASHINGTON, AND OF THE
NORTHWEST QUARTER OF SECTION 24, SAID TOWNSHIP AND RANGE, DE-
SCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION
13 WITH THE SOUTHWESTERLY LINE OF TRACT A, WASHINGTON TECHNICAL
CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES 98 TO 102 ,
RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID SOUTH-
WESTERLY LINE AND ON A CURVE OF WHICH THE RADIUS POINT BEARS
NORTH 55°39 ' 29" EAST 422 . 96 FEET, A DISTANCE OF 87 . 91 FEET;
THENCE NORTH 22�26'02" WEST ALONG SAID SOUTHWESTERLY LINE 263.09
FEET TO A LINE DESIGNATED "PERMANENT EASEMENT BOUNDARY" ON U.S.
DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE MAP, SHEET 1
OF 3, ENTITLED "LAND RIGHTS WORK MAP, P-1 CHANNEL, EAST SIDE
GREEN RIVER WPP, CITY OF RENTON, KING COUNTY, WASHINGTON;" THENCE
ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF WHICH BEARS
NORTH 5°24 '02" EAST 165.04 FEET, A DISTANCE OF 112.06 FEET TO A
t^� POINT OF REVERSE CURVE, THE RADIUS POINT OF WHICH BEARS SOUTH
� 44°18 ' ll" WEST 172.96 FEET; THENCE ALONG SAID REVERSE CURVE AND
N SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367.02 FEET TO
� A LINE WHICH BEARS NORTH FROM A POINT ON THE SOUTH LINE OF SAID
N SECTION 13 WHICH IS 1271.76 FEET EAST OF THE SOUTHWEST CORNER
� THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY LINE OF
� OAKESDALE AVENUE; THENCE SOUTH 70°46'34" EAST ALONG SAID NORTH-
tT EASTERLY LINE 13.95 FEET TO THE BEGINNING OF A TANGENT CURVE TO
THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING A RADIUS OF
922 .73 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
5°32 ' 43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY
THEREON; THENCE CONTINUING ALONG SAID NORTHEASTERLY MARGIN SOUTH
65'13 ' S1" EAST 778 .46 FEET TO THE SOUTHWESTERLY LINE OF SAID
TRACT A, WASHINGTON TECHNICAL CENTER; THENCE NORTHWESTERLY ALONG
SAID SOUTHWESTERLY LINE AND ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 422.96 FEET, A DISTANCE OF 110.02 FEET TO BEGINNING.
TOGETHER WITH TRACT A OF THE PLAT OF WASHINGTON TECHNICAL CENTER,
AS PER PLAT RECORDED IN VOLUME 122 OF PLATS, PAGES 98 THROUGH
102, RECORDS OF KING COUNTY.
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF TRACT A, PLAT OF WASH-
INGTON TECHNICAL CENTER AS RECORDED IN VOLUME 122 OF PLATS, PAGES
98 TO 102 , RECORDS OF KING COUNTY, WASHINGTON, SAID WESTERLY
CORNER BEING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF
SAID "TRACT A" WITH A LINE DESIGNATED "PERMANENT EASEMENT BOUND-
ARY" ON U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICE
MAP, SHEET 1 OF 3, ENTITLE "LAND RIGHTS WORK MAP, P-1 CHANNEL,
1/2
EAST SIDE GREEN RIVER Wpp, CITY OF RENTON, KING COUNTY, WASHING-
TON;" TIiENCE ALONG SAID LINE AND ON A CURVE, THE RADIUS POINT OF
WHIC�i BEARS NORTH 5°24'02" EAST 165.04 FEET A DISTANCE OF 112.06
FEET TO A POINT OF REVERSE CURVE, THE RADIUS POINT OF WHICH BEARS
SOUTH 44°18'll" WEST 172.96 FEET; THENCE ALONG SAID REVERSE CURVE
AND SAID LINE 133.74 FEET; THENCE WEST ALONG SAID LINE 367. 02
FEET TO A LINE WHICH BEARS NORTH FROM A POINT ON THE SOUTH LINE
OF SAID SECTION 13 WHICH IS 1,271.76 FEET EAST OF THE SOUTHWEST
CORNER THEREOF; THENCE SOUTH 133.36 FEET TO THE NORTHEASTERLY
LINE OF OAKESDALE AVENUE; THENCE SOUTH 70"46'34" EAST ALONG SAID
NORTHEASTERLY LINE 13.95 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE RIGHT, ALONG SAID NORTHEASTERLY LINE, HAVING A RADIUS OF
922.73 FEET; THENCE ALONG SAID CURVE TIiROUGH A CENTRAL ANGLE OF
5'32 '43" AN ARC LENGTH OF 89.305 FEET TO A POINT OF TANGENCY
THEREON; THENCE CONTINUING ALONG SAID NORTHEASTERLY MARGIN SOUTH
65'13 'S1" EAST 286.795 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS NORTH
5°30 ' 13" WEST A DISTANCE OF 55.00 FEET; THENCE NORTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59°43 '39" AN ARC
LENGTH OF 57 . 33 FEET TO A POINT OF TANGENCY; THENCE NORTH
24�46 '09" EAST 15.70 FEET; THENCE NORTH 89°30'04" EAST 214.53
FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 1003.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 13°50'35" AN ARC LENGTH OF 242.33 FEET• THENCE
�' NORTH 29'28 '39" WEST 207.28 FEET TO THE NORTHWESTERLY LINE OF
.�d- SAID "TRACT A" OF THE PLAT OF WASHINGTON TECHNICAL CENTER; THENCE
CV SOUTH 60°31'21" WEST ALONG SAID NORTHWESTERLY LINE 86.76 FEET TO
N THE BEGINNING OF A TANGENT CURVE TO THE RIGHT THEREON, HAVING A
;� RADIUS OF 165.04 FEET; THENCE SOUTHWESTERLY AND WESTERLY ALONG
� SAID CURVE THROUGH A CENTRAL ANGLE OF 34°52 '41" AN ARC LENGTH OF
� 100.47 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 363,135 SQUARE FEET OR 8.3364
ACRES.
� P. HI
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� � ST CITY WASHINGTON, INC.
a STEVEN A. HITCHINGS, P.L.S.
NOVEMBER 6, 1991
333 f, JOB NO. 91400/SUR 53-B
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BLACKRI VER - - -�— - r �� � SITE PLAN
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IIENTON, WA�IIINOTON + B—1
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EXHIBIT "B-2"
TRACT A SHORELINE ACCESS EASEMENT
THAT PORTION OF TRACT A, WASHINGTON TECHNICAL CENTER, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 122 OF PLATS, PAGES 98
THROUGH 102 , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT A AND THE BEGIN-
NING OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS
OF 431.52 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH
73°21 'S4" WEST) ;
THENCE NORTHERLY 46 . 45 FEET ALONG SAID CURVE AND THE EASTERLY
LINE OF SAID TRACT A THROUGH A CENTRAL ANGLE OF 06'10'03" TO THE
NORTHERLY MARGIN OF OAKESDALE AVENUE SOUTHWEST AS DESCRIBED IN
DEED RECORDED UNDER KING COUNTY RECORDING NO. 8702100643 AND THE
TRUE POINT OF BEGINNING;
THENCE NORTH 89 °04 ' 30" WEST 75 . 00 FEET ALONG SAID NORTHERLY
.�, MARGIN;
'C''� THENCE NORTH 00°55 '30" EAST 20.00 FEET;
N THENCE SOUTH 89°04 ' 30" EAST 71. 60 FEET TO SAID EASTERLY LINE OF
� TRACT A AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
CV EAST HAVING A RADIUS OF 431.52 FEET (A RADIAL LINE THROUGH SAID
�` BEGINNING BEARS SOUTH 76°50'07" WEST) ;
N THENCE SOUTHERLY 20. 31 FEET ALONG SAID CURVE THROUGH A CENTRAL
tT ANGLE OF 02°41'S0" TO THE TRUE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 1, 466 SQUARE FEET, MORE OR
LESS.
SITUATE IN THE CITY OF RENTON, KING COUNTY, WASHINGTON.
FIRST CITY WASHINGTON, INC.
,��A. �;• BLACKRIVER CORPORATE PARK
�.�����---- �`r�,- WILLIAM A. HICKOX, P.L.S.
y�~~•��"��SH�t�`��-f- APRIL 8, 1992
•�C G'.�`�•. 'r
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