HomeMy WebLinkAboutE 9405251431 � - • " � ' � .
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Offiee�the Qq►Q�tic � ,
Renton Munldp�l�1lding
200 Mill Avan:e$ouW
,Renton WA 98055 _ -'u �
r SPRINGBROOK CREER TRAIL EASEMENT 3 �� �.�� " `�
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This Easement is made as of the ay of , -.
199�by and between LONGACRES PARK, IN . , a Wasni ton r"•
cor oration ("Grantor") and the City of Renton, a Washington "`
municipal corporation ("Grantee") . ��
;'
�s
RECITALS �
A. Grantor is the owner of certain real property "
("Property") located in the City of Renton, King County, ,
p�i 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.
�
QC. 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
r' � 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.
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 (8) feet, for the
purpose of 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:
.{r.�
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[03008-0352/S6921040.154►-4 3/21/94
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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 Tr���1 Ts
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. IIse 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.
5. Hours of Use
Public use of the Trail shall be restricted to daylight
hours only.
6. Maintenance
� - ) Al1 maintenance work to be performed by Grantee on the
Trail, in�luding 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
� constructed.
� 7 . Restriction on Access by Grantee
�
t17 Grantee shall exercise its rights under this Agreement
C� solely on and within the Easement, and shall not have any
� right of access, ingress or egress over any other part of
� Grantor's land.
� 8. Posting of Restrictions
Grantee shall post and maintain appropriate signage
containing all rules, regulations and restrictions for public
use of the Trail.
9. IIse of Easement Area by Grantor
Grantor retains the right to fully use and enjoy the land
subject to the Easement, including the right to use the
,;�;�,: surface to the extent such use does not interfere with
Grantee's rights hereunder. Grantor agrees not to erect
TRAIL EASEMENT PAGE 2
[03008-0352/S6921040.154]-4 3/21/94
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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 trespasses 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.
10. 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
� �
^j No termination o= this Easement shall release Grantee
G7 from any liability or obligation with respect to any matter
O occurring prior to such termination.
�
� 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 of
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 or realignment
shall maintain and continue connection to the balance, if any,
of the Trail network. Upon any such relocation or
realignment, Grantor shall grant a new easement for the new
portion of the Trail, and Grantee shall reconvey those
portions of the existing Easement no longer required for the
Trail.
TRAIL EASEMENT PAGE 3
[03008-0352/56921040.1541-4 3l21/94
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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 o"r out of any acts or omissions of
Grantee and Grantee' s servants, agents, employees and
contractors related to this Easement or public use of the
Trail.
15. Notices
Notices required to be in writing under this Easement
shall be given as follows:
If to Grantor: Renton Division, Director of
�„; Facilities
� Boeing Commercial Airplane Group
� P.O. Box 3707
� M/S 6Y-50
� Seattle, WA 98124-2207
�
� with a copy to:
O
�' '� � Richard E. McCann, Esq.
Perkins Coie
1201 Third Avenue, 40th Floor
Seattle, WA 98101-3099
If to Grantee: Mayor Earl Clymer
City of Renton
200 Mill Avenue South
Renton, WA 98055
with a copy to:
Lawrence J. Warren, Esq.
Warren, Kellogg, Barber, Dean &
Fontes
100 S. Second Street
P.O. Box 626
Renton, WA 98057
Notices shall be deemed effective, if mailed, upon the third
day following deposits thereof in the United States mail,
postage prepaid, certified or registered mail, return receipt
requested, or upon delivery thereof if otherwise given.
Either party may change the address to which notices may be
given by giving notice as above provided.
TRAIL EASEMENT PAGE 4
(03008-0352/SB921040.1541-4 3/21/94
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16. 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: --
�Jam J. Nelson, Vice resident
�
APPROVED AS TO FORM: THE CITY OF RENTON, a municipal
corporation of the State of
Washin n
G��J By:
Lawrence J. arren, Nam .- arl C1 m '
City Atto n Title: Ma or
;
� / -
ATTES :
� �� Name: il n J. Petersen
Title: i Clerk
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� STATE OF WASHINGTON )
) ss.
COUNTY OF K11V� )
On this �9`� day of /�/�,q�/ , 199�y before me,
the undersigned, a Notary Public in and for the State of
Washin ton, duly commissioned and sworn, personally appeared
Ea►� C� rheY' , to me known to
be the per on who signed as /�tayvr' of
The City of Renton, the municipal corporation that executed
the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation for the use and purposes therein mentioned, and
on oath stated that �Q. was duly elected, qualified and
acting as said officer of the corporation, that {,e was
TRAIL EASEMENT PAGE 5
[03008-0352/S6921040.154�-4 3/21/94
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.
NOTARY PUBLIC i and for the State
of Washington, residing at �
My Appointment Expires: /o-/g- 97 .
STATE OF WASHING ON )
) ss.
COUNTY OF )
; � �
� On this ..—day of , 199 before me,
� the undersig e , a Notary Pub ' in and for the ate of
� Washington, duly commissione nd sworn, personally appeared
V� James J. Nelson, to me known to be the person who signed as
� Vice President of LONGACRES PARK, INC. , the corporation that
� executed the within and foregoing instrument, and acknowledged
!„r, 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 he was duly elected, qualified and
acting as said officer of the corporation, that he was
authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I hav her nto s m han nd
official seal the day and year fi st a r'tt
�
NOT PUBLI in and for the State • `1s�C1*��V
of Washington, residing at
My Appointment Expires:
,zn;.,..
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nCCHZBIT A
Paqe 1 of 6
PARCEL 1
Ali that certain real property siwate in the City of Rcnton, Counry of King, State of Washington,
being Government Lot 14, and a portion of Government Lot 8. both in Section 24, Township 23
North, Range 4 East, Willamette Mcridian, and a portion of the N.W. 1/4 of the S.E. 1/4 of said
Section 24, and a portion of the N.E. 1/4 of the.S.E. 1/4 of said Seaion 24, and being more
particularly described as follows:
BEGINNING at the Southwest corner of the N.E. 1/4 of the S.E. 1/4 of said Section 24; thence
from said POINT OF BEGINI�IING, along the East lino of said Government Lot 14 S00°56'17'W
68.96 feet to the North line of Henry A. Meader'a Donation Land Claim No. 46; thence along said
North line N87°13'S7'W 14b2.38 fett; thencx leaving said North line N00°22'11'E 1Q22.22 fect
to the southerly right-of-way line of I-40S; thence along said southerly right-of-way line and the
south right-of-way line of S.W. 16th Street from a tangent that bears N62°52'S7'E, along the arc
�i of a curve to the right having a radius of 543.14 feet and a cxntral angle of 26°45'00', an arc length
� of 253.58 feet; thence tangent to the preading curve N89°37'S7"E 1079.63 feet; t�ence tangent to
� the preceding course along the arc of a wrve to th�left having a radius of 1940.08 fat and a central
� angle of 02°52'00", an arc length of 97.07 fat; thencx tangent to the prec�ding curve N86°45'S7'E
G`2 4.56 feet; thence tangent to the pree�ding course along the arc of a curve to the right having a radius
� of 1880.08 feet and a central angle of Ol°32'S5', an arc length of 50.81 fxt;to the nonhwest corner
� of the parcel convey�d w the City of Renton under A.F. �'891103081Q,King County records;�ence
�} along the boundary of last said paral S08°35'S6'W 42.70 fat and N79°13'48'E 58.77 feet to t�o
west right of way line of the White River Drainage Ditch No. 1, as condemned in Superior Court
��-� Cause No. 32912, King Courny Records; thence along said west right of way line the following �
` ' courses: S00°25'33'E 47.35 feet, SOl°48'32'W 44.26 fxt, S07°14'42'E 48.28 fxi, S19°25'S8'E
• 66.SOfxt,S20°OS'30'E40.14fat,S30°55'S0"E51.32fai,S39°53'S4'E32.19 fat,S30°06'16'E
76.04 f�et,S2?°12'00"E 34.56 fat,S31°19'SO"E 41.01 feet,S36'00'41'E 74.11 fat,S31°50'12'E
42.02 feet,S42°OS'27"E 47.21 feet,S40°19'S7'E 47.67 fai,S45°2S'S2'E 59.32 f�tt,S50°37'12'E
39.63 feet, S51°16'SS"E 68.16 feet, S81°36'S0"E 62.75 feet, N86°59'20'E 94.92 feet,
S55°04'26"E 53.26 feet,S48°31'30"£45.85 fat, S39°2S'24"E 49.84 fxt,S36°49'16"E 46.76 foet,
S44°53'21"E 48.07 feet, S29°35'20"E 35.41 fctt, S30°48'41'E 4b.69 feet,S20°07'49'E 85.72 fxt,
and S24°18'S9"E 68.77 fax to the South line of the N.E. 1/4 of the S.E. 1/4 of said Sr.ction 24;
thence along last said South line N87°26'45'W 918.35 fxt to the POINT OF BEGINNII�IG.
Contains 47.669 Acres of land more or less. �
The Basis of Bearings for t�is description is the Record of Sucvey for Bmadacres Inc.� recorded in
Book 10 of Surveys at page 2� under R�cording No. 7707289002. King Counry records.
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paqe 2 of 6
PARCEL I
AI[ that certain real property situate in the City of Renton. County of King, Staze of
Washington, bcing a potion of thc S.W. 1/4 of thc N.E. 1/4, and of thc N.W. 1/4 of the S.E.
1/4 of Section 24, Township 23 Nott�, Rangc 4 F.ast, Wiliamette Meridian, u�d being more
particularly described as follows:
Commencing at the intersecxion of the North margin of S.W. 16th Street(South 153rd S�).with
the West boundary of C.D. Hillntian's Earlington Carderu Addidon to the City of Seaule,
Division No. 1, as per �e Plat reoordod in Volume 17 of Plats. Page 74� R�cords of King
Counry;thence from said POINT OF COMMENC:EMEN'T. Westerly along said North mazgin, �
350 feet to the TRUE POINT OF BEGINNING of this PARCEL I; thence from said TRLTE
POINT OF BEGINNING, continuing Westerly along said NortY► margin S89°37'S7'W 257.00
ri feet; thence leaving said Northerly margin at right angles, N00°22'03'W 214.06 feet tA the
`� Southerly right-of way line of_SR 4Q5; t�ena along said Southerly right-of•way line from a
d'
'�"� tangent that bears N78°13'S3'E,along the arc of a c�rve w th�right having a radius of 2765.00
�
� foet, and a central angle of OS°23'22', an arc leagth of 260.09 fxt; thena kzving said
-- � Southerly right-c,f-way line S00°22'03'E 253.41 feet to the TRUE POINT OF BE;C�INIJIIIG.
; � � �
� CONTAINS 1.39 Acres of land more or kss. �
T�e Basis of Bearings for this description ia the Rxord of Survey for Broadaaes, Inc.,
recorded in Boolc 10 of Surveys ai Page 2, under R�cordiag No. 77072890Q2. King County
- t�cords. �
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Page 3 of 6
PARCEL J
All that certain real property siwate in the City of Rcnton, Counry of King, State of
Washington, being a portion of the S.W. 1/4 of the N.E. 1/4, and of the N.W. 1/4 of the S.E.
1/4 of Section 24� Township 23 North, Range 4 East, Willametu Meridian, and being more
particularly described as follows:
Commencing at the intersuxion of the North margin of S.W. 16th Street(South 153rd St.).with
the West boundary of C.D. Hillman's Earlington Gardens Addition t,o the City of Seaule,
Division No. 1, as per the Plat recordcd in Volume 17 of Plats, Page 74, Records of King
'.{ County; thenc� from said POINT OF COMMENCEMENT, Westerly along said North margin,
� 607 feet to the TRUE POINT OF BEGINNING of tt►is PARCEL J; t�ence from said TRUE
�r-1 POINT OF BEGINTIING, continuing Westerly along said North margin S89°37'S7'W 120.00
� fcet; thence leaving said Northerly margin at right u►gles, N00°22'03'W 187.07 feet to the
C�2 .
OSoutherly right-of way line of SR 405; thena along said Southerly right-of-way line from a
.� tangent that bears N75°40'S6'E.along the arc of a curve to the right having a radius of 2765.00
� fcet, and a antral angle of 02°32'S7', an arc kngth of 123.02 fat; thena kaving said
- �� Southerly right-of-way line S00°22'03'E 214.06 fat to the TRLTE POINT OF BEG�INNING.
,
CONTAINS 0.55 Aues of land more or kss.
The Basis of Bearings for this dasaiption is the Record of Survey for Bmadacres, Inc.,
rccarded in Book 10 of Surveys at Page 2� undu Recording No. 77Q7289002, King County
� records.
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� Paqe 4 of 6
PARCEL K
All that certain real property situate in t�e Ciry of Renton, County of King, State of
Washington, bcing a portion of the N.W. 1/4 of the S.E. 1/4 of Seaion 24, Township 23 Nocth,
Range 4 East, Willamette Mer'�dian, ud being more particularly described as follows:
Commencing at thc intersuxion of the North margin of S.W. 16th Svoet(South 153rd S�),with
the West boundary of C.D. Hillman's Earlington Gardcns Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Plats, Page 74, R�cords of King
Counry; thence from said POINT OF COMMENCEMENT, Westerly along aaid North margin�
727 fcet to the TRLTE POIIVT OF BEGII�INING of this PARCEL K; thence from said TRUE
POINT OF BEGINNING, continuing Westerly along said North margin S89°3T57'W 62.00
� feet; thence leaving said Northerly margin at right angles, N00°22'03`W 174.90 fxt to the
C'�
�' Southerly right�f way line of SR 405; thena along said Southaly right-of•way line from a
�i
�� tangent that bcars N74°21'17"E,aIong the arc of a curve to the right having a rsdius of 2765.00
� feet, and a central angle of Ol°19'39',an arc length of 64.06 fax;thenoe kaving said Southerly
�O right-of-way line S00°22'03'E 187.07 feet to the TRiJE POINT OF BEGINNING.
�
( '� CONTAINS 0.25 Acres of land more or kss.
The Basis of Bearings for t�is descxi�tion is the Record of Survey for Bmadaues, Inc.,
recorded in Book 10 of Surveys at Page 2. under Rr.cArding No. 77072890Q2, King County
records.
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Paqe 5 of 6
PARCEL L
All that certain real property siwate in thc Ciry of Rcnton, County of King. State of
Washington,being a portion of thc N.W. 1/4 of the S.E. 1/4 of Sc,ction 24,Township 23 North,
Range 4 East, Willametu Meridian, and being more particulatly described as follows:
Commencing at the inurx,ction of the North margin of S.W. 16th Strat(South 153rd St.),with
the West boundary of C.D. Hillman's Earlingtnn Gardens Addition to the City of Seattle,
Division No. 1, as per the Plat recorded in Volume 17 of Piats, Page 74, Raords of King
County;thenc� from said POII�tT OF COMMENCEMENT,Westerly along said Nor�margin,
789 feet to the TRiJE POINT OF BEGINNING of this PARCEL L; thena from said TRUE �
POINT OF BEGINIIING, continuing Westerly slong said North margin S89°37'S7'W 65.00
f�t; thena N00°22'03'W 15.00 foet; th�nce S89°37'S7"RI 50.00 fxt; thena kaving said
Northerly margin at right angles, N00°22'03'W 121.79 foei w thc Southerly right�f way line
of SR 405; thence along said Southerly right-of-way lino from a tangent that bears
N71°52'08"E, along the arc of a curve to the right haviag a radius of 2765.00 feet, and a
central angle of 02°29'09",an arc length of 119.96 feet; thena kaving taid Southerly right-of-
� way line S00°22'03"E 170.90 fxt to the TRUE POINT OF BEGINNIIIG.
CONTAII�IS 0.39 Acres of land more ar kss.
r� .
� 1he Basis of Beari�gs for this d�saiption is the Recard of Survcy for Braadacr�es, Inc.,
� record�d in Book 10 of Surveya at Page 2, uc�der R�cording No. 7707289002, King County
� rccords.
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PARCEL M
AIl that certain real property situatc in the City of Renton, County of King, State of Washington,
being a portion of the N.W. 1/4 of the S.E. 1/4 of Suxion 24,Township 23 North, Range 4 East,
Willamette Meridian, and being more particularly described as follows:
Commencing at the intersecxion of the North margin of S.W. 16th Stroet (South 153rd St.), with
the West boundary of C.D. Hillman's Earlington Gardens Addition w the City of Seattle, Division
No. 1, as per the Plat recorded in Volume 17 of Plau, Page 74� Reeords of King County;thence
from said POINT OF COMMENCEMENf� Westerly �long said North margin, 854 feet; thence
N00°22'03"W 15.00 fxt;thena S89'37'S7'W 50.00 fxt to the TRUE POINT OF BEGINNING
� of�is PARCEL M; thence from said TRL1E POINT OF BEGINI�IING, oontinuing along said
C'7 North margin S89°37'S7"W 65.00 fect; thena S44°37'S7'W 21.21 feei; thence S89°37'S7"W
� 124.11 fcet; w the Easterly line of a paral convey�d to the State of Washington by d�ed
� recorded under Auditor's �le No. 5494126, King County rr,cords; d�encx kaving taid North
� margin of S.W. 16th Street along last said Easterly line N22°42'33'W 56.60 feet w�e Southerly
�Q„ right-of way line of SR 405; thence along said Southerly right-0f-way line on a spiral chord
?7 bearing of N66°40'47"E 68.54 fat; th�nce from a tangent that bears N68°17'S6"E, along the
a arc of a curve to the right having a radius of 2765.00 fxt, and a oentral angle of 03°34'2?", an
arc length of 172.48 feet; thencx kaving said Southerly ri.ght-of-way linc S00°22'03"E 121.79
fcet tA the'IRtJE FOINT OF.BEGlINI�1ING.
CONTAINS 0.46 Acres of land nwre or kss,
T�e Basis of Be�arings for this description ia the R�cord of Survey for Broadacres, Inc., cticordcd
in Book 10 of Surveys at Page 2, unda R�carding No. 7707289002.King County records.
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