The URL can be used to link to this page

Home My WebLink AboutEC17-206 - Other - Marquee on Meeker - Phase I - Section 14: Public Pedestrian Trail Easement - 04/02/2018Section 14 Inslrurncnt Number: 20180t02{10093E Dorurnrnt:[]As Recr stt2,ot] page-t 0f 9 Rrcorrl Diltel.'tlzl2oli 2:25 pM City of Kent c/o Public Works Depaflmenl ?20 Fourth Ayenlle Saulh Kent, WA 9803? Recordrd King countl', wA ExctsE TAx I{or REQUIRED By KAREN GR"0AcoR, DEpury Rccorded at the Requesr ofand after Recording Return ro: Docurnenl Title: Grilrtor/Declarani: Cranteer Legal Description: Assessor's Tax Parcel ID#: Refercncc # {if applic*ble) ORIGINAL Electron ically Recorded ISTAh/r @Nc>- gr?iii- v{*t GRANT OiI EA SEI,{E}.iT TCIR PUBI,I C PEDE STRI AN TRAf L MARQUEE ON MIjEKER LLC, a Washington limitEd liabiliry cornP4ny CITY OF KENT, a Washington municipat corporation Abbrcviarcd Legal Descriprion: Lols I-?, Kent SP No. SP-2017-1, Rec. 201 803?1900004 Ofticial lcgal description on Exhibit A altached Portion of 232204-90I l -01 NIA GRANT OT E.ASEMENI" FOR PL'ALIC PEDESTRIAI{ TRAIL tr4arguee on Meeker LI,C, a Washingron limited liabiliry compeny {"Ownel), is ownet of thc real property described in ExNbit.A anached hereto and iacorporated herrin by lhis reference (the'?roperty"), .?841i086 o:n&r r trgtd\FlA,LlRivnbaad,loint VcrrtunlPhasr I Closing Drxs puhlic lrdl cmamcn! r3 ) Owner acquired the Ptoperty li'orn lhe City al' Ken1 a Washingtcl nrunicipal eorporation 1"Clity"J ptrsuanl 1{} the terms and cor<iilions of thal certain Real Estate purchase and Sale Agreemenl rvith Leasel0ption 1o Purchase clated as n{'May 5. ?017 {rhe,.purchaseAgteement"). As a condition of the Purchase Agreernent, Owner and City entered into thatcertain Development Agrcement dated as of August 23, ?afi {rire ,,Developmenl Agreemenl") for the purpose of governing the dcsign, <levelopnrent" permilling. pitigation 9f ent'irorullenlal impacts and uses associated witlr development ol" a mixed-uie reraillrnulri- {hmily residenlial community r:n the Properly to be kr:own as the Riverhend Cateway pri:jecl {herein lhe "Project"}. As a requircmet)l of the Development Agreement. and in particular Section l6 thereol, Owner and City have agreed ihal lhe Praject shatl provicle lor a public peclestrian and pon rnotorized vehicle trail easement ovsr and across the Property ftrr the benefit and use 'l'rhetnembers ol'the general public f'ar putrlic accsss {iom lr,teeker Strcet tc the Creen lliver Trai!. Accordingly, Ownet hereby granls, dedicates and quit claims to City, as a perpetual covenant running with the iand" a nonexclusive public pedestrian and non-molorized vehicle uss and aecess easement for tbe purposcs and subjecl to fhe conditioas hereinaller nrentioned" over and across the Propefly. ini{ially in the localion and conliguration as depicted in the survey anached herero as Exhibit B and incorporated hcrsin by this relbrence (herein the"'l'rail Easemenl"), and City hereby accept$ such grant on the tenns and conditiorrs set ib*h herein. 1' Iturpose. 'fhe Trail easemcnl is granled for rhe purpose of providing the public with pedestrian and non-moloriz*el vehicle access and entry frrr the ur. und enjol,ment of the Creen River T'rail connection within the Project and lbr no olher ur.. O*r*, shall be responsible fi:r all cos{s of permitting, design and ccnstruction of the Trail l-jasement and any improvemer:ts or amenities associaled therewilh (e.g" signage) as may be required by the City,including but not lirnited to compliance with ADA {Americans wjlh Disabiiiries Acr) guidelines and recluiremenls for ouldoor trails, 2. Owner's Use of frail llasemenl. Owner and its assignees, lessees, tenants and invilees shall have the righl 1o use of the Trail Easement consistenl with the rights ol thepublie use as described herein and fior any other purpos€ not inconsistent rr,uittithe rights granted herein. Use clf tlre l'rail Easement may be closed to the public fnrn: time to lime on alenlporary basis for the purpose of construclion. repairs and/or mainienance ul lhe 'lrail Easement. Owner may irnpose reasonahle controls on uses of such portion of tlre l'rail liasemenl thal are likely to have an adverse eiTect on the Projecl occupanisltenaals reasonable enjoyment and use of the Projecl, so long as such controls are consistcnt wirh City policies and guidelines for public fail use or as othcrq/ise approved or in effuct by the City, ?841/08(r $3/2&/18 tr6ad\llAl.\l{ivcrhcnd Joinr Venturc\phase I Closine Docs ?public lrlil s&\omcnt r, 3' lVl-ai,ntenance. Owner shall at all times ancl al its sole cost and expcnse maintain the Trail Easemenl area and improvements lying within in good repaii and condition. 4. Modificatiol. l"he aligrunent of any portion of the liail llasement zurd 111e easemenl riglrts granted herein pertaining to such portion may be madi{led |1y :nutual agreement of Owner a:rd the City if the Pro.iect development for tlre P:aperty, or if the location uf the Trail Easement improvements. once constructed in accordancg with ftity- aPproved plans, is altered such that an alaemate location wirhin tire Property would be moie desimble lor location of the l'rail Easement. In such evsnl the parties ,l.,ull ,*.rule and record an amendment to this frail llasement lerminating the present alignnent and providing lbr the new alignment of the Trail Easement. 5. Liability. Pursuant fo the provisions of RCW 4.24.200 and 4.24.?10, neilher Owner nor any of its alfiliates. officers, agents. represenlativss or employees. shall be responsible for or held liable for unintentional injury or da:nage to persons r:r properly arising from or occurring as a resuh of public use of the Trail Easemeni as prcvided lor in RCW 4.24.2AA and 4.24,21 {). 6. Successors and Assigns. The terms and provisions of this Crant of Easement shall be binding upon and inure to the benefit of tlre successors and assigns of the parties hereto. By recordation ol'this dedication. easement, rurd agreeuent, to the maximuni extent allowed by law, this agreement shall encumber $e Property as an easement and dedication 1o the general public for the public trail uses set farth herein" 7" Rpcord Ngtice. This Granl of fasement shail be recorded with the King Counfy Department of Records arrd Elections. I' J"im.e af Essence. Owner agrees thal time is of the essence. and City shall have non-exclusive slanding lo enforce the provisions of this dedica:ion" easement, ancl agreement. 284r1086 03nyt8 trcad\l{Al-\lliverbend Joinr Vcnrure\phose I Closing Docs l public trail ersemenl yJ DATED tni* l4oay of April. 2018 GRANTOR: Washington GRANTEf,: 2[4110E6 Wnhttr Sead\l{Al\Riverbend Joint Vcnturc\phase I Closing Docs MARQUES ON MEEKER LLC, limited liabitity compariy By:LLC, its manager I Brett J Manager CITY OF KENT, a Washington municipal corporation Dana Ralph, Mayor a -4 public irail e$emcnl v3 ra ktMlrk?. DATED thi, t'Ad day of April, 2018 GRANTOR: Washington GRANTEE; 284r1086 03128/18 trcad\l"lAl\Riverbcnd Joint Venture\Phasc I Closing Docs MARQUEE ON MEEKER LLC, a limited liabiliry sompany By: The Missing Links LLC, its man&ger Brett Jacobsen, Manager CITY Otr'I(ENT, a Washington municipal Dana Ralph, Mayor 4 public trail smement v3 S"|A"I'E OF WASI"IINCI"ON ss. corJNlY or K\nq. o I cerlify that I know or have satisfactory evidence thal Breil .lacobsen is the person who appeared before me, and said persr:rn acknerwledged that said person signed this instrument. on oath stated that said person was aulhorized to execute the instrument and acknowledged it as Lhe Manager of The Missing Links LLC. manager of Marquee on Meeker LLC, a Washington lirnited liatrility company: to be the lree and voluntar.y act ol. such timited liabilily company for the uses and purposes mentioned in the instrument. +\ day of 201 8 il.cgibly l,rirn or Stnmp Nam{ of Nolnry} Nolary public in and for the state ol W ashinglon, residing at My appointment expires ) s'rATE oF WASHINCTON ss COT'NTY OF I certify that I know or have satisfactory evidence that Dana Ralph, is the person who appeared before me, and said person acknowledged that said person signed this instrument! on oath stated thal said person was authorized to execute the instrumer:t and acknowledged ii as the Mayor of the CI'[Y OF KENT, a Washington municipal corporation, to be tlre free and voluntary act of such corporation for the uses and purposes rnentioned in the instrument. Dated this _ day of 201 8. (Signlturc nfXotaryf (lcgibly Prnrt or Stanlp Narnc olNolaryl Notary pu residing at blic in and for the state of Washington, My appointment expires 2*4U086A328il8 trcadU"lAl-\ltiverburd .loint Vsnture\Phase I Closing Docs 5 public lrail cusemcnt r,3 S:TAT5 OIt WASHINGT{JN ss. COUNTY OF I certi{y that I know or lrave satisf'actory evidence that Brett Jacobsen is the person who appeared before meo and said persorr ackncwledged that said person signed this instrument, on oath slaied that said person rvas authorized ta execute the instr*raent and acknowledged it as the Manager of The Missing Links Ll,C, manager of Malquee on Meeker I.LC, a Washinglon limited liabilily company, to be the fiee and voluntary act r:f such lirnited liability company for the uses and purposes mentioned in the instrument. Dated this _ day of __, ?018. {Signntue 0f No(r11,i {l.cgib11' l\rnt or Starrp NurIc rr1'Notrryf Nr:taly public in and lbr the $ate of Washington, residing at My appoiltment expires S'|ATE CIF WASHINGTON s5. couNry 0r, {ll4h I certily that I know or have satisfactory evidence that Dana Ralph, is the person who appeared befbre me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Mayor of the CITY Of KENT, a Wa^shington municipal corpolation" to be the lree and volunlary acl of such corporation lal the uses and purposes mentioned in lhe instrument. Datecl thts &.. day of 201 8. sr Noloryl t'/f4A&n d {l.egrt}ly Prinr or Stanrp Nane ol N$tnryl Notary pu residing at blic in and for the state of Washi ngton, My appointment explres opw ll 284 il086 Oarz&ilg tread\l'lAL\ltivcrbend Joint V$nlurc\Phasr I Closing Dacs l1 -5- o{rggr& t1 public trail crgctncnl l.J a E)C{TBIT A Legal Ilesrrlption of Propcrty LOTS I A}ID 2 OT CITY OF KENT SHORT PLAT NO, SF'01?.1, RECOR}ED UNDER RECORDING NO. 20 1 8032 1 9OOOO4, IN KING COUNTY, WASHINGTON. ) 2841/0$6 03t28/18 frcad\llAl\Riverbend Joint Vcnnne\Pbaee t Closing Docs -l- i ? i : : f t i 1. i ': ? i If I i &Iit J pntlicfail easeinGntv3 ) EXI.IIBII"B Trail Easement prm8-.^, LoT { ''$+r6ti5{ n ,.td tm€t wu. :5 Fa sat ttIo LOT 1 )flffi" x' tEt FARCA,A' lo;*.f'i.' " -<iil 6 LOT I ILOT rr,a?&isa. nttr x8f3 PrM,'^' 28411086 03t28/18 rcad\HAl.lRive*cnd Joint Venlurc\phasc t Closing Docs ) ,t iifi5f i*-iff-& Ft&- it.LOT 3 t{,n6d50. r.Li6* l{n€s t( LAT 2 t0e0ars0. n.et* iffis E. Cog. tet- public trail easement v3