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AG 96-279 DATE ou'r= tTO| RECEIVED BY I /~I~' Wh--'~"'~' EITY 0¢- 'FEDERAL WAY LAW DEPARTMEN~E[ 0 5 ~9~SLiP 4. TYPE OF DOCUmeNT R[~U~ST~O (CHICK ONE): ~ ~ ¢ Filed for record at the request of; After recording return to: Londi K. Lindell City Attorney City of Federal Way 33530 - 1st Way So. Federal Way, WA. 98003 PUBLIC TRAIL EASEMENT THIS EASEMENT is made this 11 day of October _, 1996, by WORLD VISION U.S., a California corporation, ("Grantor"), for public benefit, to the CITY OF FEDERAL WAY, a Washington municipal corporation ("City"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located in the City of Federal Way, County of King, State of Washington, legally described on Exhibit A attached hereto and incorporated herein by this reference ("Grantor's Property"); WHEREAS, in connection with the development of Grantor's Property, City has required and Grantor is desirous of creating and establishing an easement for purposes of pedestrian walkway over, upon and across a portion of Grantor's Property to connect Grantor's Property to the Lake Killarney Trail that is to be located on the waterside of Grantor's Property and continuing on real properties adjacent to Grantor's Property; NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor agrees as follows: AGREEMENTS: 1. Grant of Easement of Public Trail. Grantor hereby grants, conveys, declares and establishes, to City, for the benefit of the public, a perpetual non-exclusive, easement for public trail purposes including, without limitation, public pedestrian walkway and bicycle trail, over, upon and across that portion of Grantor's Property where the public trail is actually located, all as more particularly described on Exhibit B, attached hereto (the "Public Trail Easement Area"). 2. Dedication to the Public. The easement rights granted herein in accordance with the terms expressed hereunder, are intended to be a dedication of the Public Trail Easement Area to the general public for purposes of public uses in order to connect Grantor's Pto~ertvto the RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT NOV 2 7 $BB6 ORIGINAL King County Lake Killarney Trail that is to be located on the waterside of Grantor's Property and continuing on real properties adjacent to Grantor's Property. 3. Construction of Public Trail. Grantor shall have no responsibility or liability for construction or installation of the improvements in the Public Trail Easement Area. To the extent such construction of improvements does occur, however, it shall be performed (a) in a good and workmanlike manner with construction materials of the highest quality, (b) in full compliance with ail applicable laws, rules, regulations and ordinances, (c) by a qualified contractor under governmental and/or public utilities requirements and permits, (d) free and clear of any liens on Grantor's Property, specifically the Public Trail Easement Area, and (e) free of any hazardous or toxic waste or material. 4. Maintenance. Grantor shall have no responsibility or liability for maintenance, repair or replacement of any improvements in the Public Trail Easement Area. All maintenance repair or replacement shall be the sole responsibility of the city, and shall occur solely at the City expense. 5. Public Trail Users. Pursuant to the provisions of RCW 4.24.210, Grantor shall not be liable for any unintentional injuries to users to the Public Train Easement Area; and City acknowledges and agrees that ail users of the Public Trail Easement Area shall do so at their sole risk and shall not be deemed invitees of Grantor. In addition, City agrees that it shall not damage Grantor's Property and the improvements located thereon, if any, during the exercise of the rights granted herein, and shall indemnify and hold Grantor harmless from any and all claims for loss, damage, cost (including the cost of litigation) and liability resulting from any actual or alleged injury to any person or from any actual or alleged loss or damage to any property caused by or resulting from City's exercise of the rights granted herein, including without limitation, the use of the Public Trail Easement Area by members of the public. 6. Attorneys' Fees. In the event either party employs an attorney to enforce or interpret any of the provisions of this Easement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees in connection with such action. 7. Miscellaneous. Time is of the essence hereof. The headings contained herein shall not be used to interpret the provisions hereof. This Easement shall be construed under and governed by the laws of the State of Washington. 2 DATED asof the day a%d year,st above written. . By ~ Sent Vic~President Approved as to form: CITYO~FEDEP,~W_AY ~Londi £. Lindell ~ Kenneth E. l~berg' OCity Attorney -- City Manager AT,ST: STATE OF ) Was~n~on ) CO~Y OF ) ~ng On t~s day personally appe~ed before me Jo~ Jemelian, to me ~o~ to be the Se~or Vice President of WO~D ~SION U.S., the co~oration that executed the witch and foregoing instrument, ~d acknowledged the instrument to be the flee and volumaw act ~d deed of said co~oration for the uses ~d pu~oses therein mentioned, ~d on oath stated that he was duly authorized to execute said instrument on beh~f of the co~oration. ~~~SS ~OF, I have hereunto set my hand and seal t~s ~day of ,1996. NOT~Y P~LIC in and for the State of Was~n~on, residing at Tacoma Was~n~on; My comssion expires: ...... 3 EXHIBIT A THAT PORTION OF THE SOUTR-WEST QUARTER OF SECTION 22, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION, SOUTH 89°10'04" EAST, 909.47 FEET TO THE NORTHWESTERLY CORNER OF LOT 2 OF THE UNRECORDED PLAT OF' "LAKE KILLARNEY SHORE LANDS" AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF LOTS 1 THROUGH 11 OF SAID UNRECORDED PLAT, SOUTH 27°54'43'' WEST,~345.00 FEET TO THE ANGLE POINT AS SHOWN ON SAID LOT 11; THENCE CONTINUING ALONG THE WESTERLY LINE OF LOTS 11 ~HROUGH17-OF SAID UNRECORDED PLAT, SOUTH 06°04'43" WEST, 180.60 FEET TO THE EASTERLY EXTENSION OF THE CENTERLINE OF SOUTH 349TH STREET; THENCE ALONG SAID EASTERLY 'EXTENSION, NORTH 88~42'35'' WEST, 705.36 FEET TO THE EASTERLY MARGIN OF 32NDAVENUE SOUTH; THENCE ALONG SAID EASTERLY MARGIN, NORTH 00°56'39' EAST, 577.28 FEET; THENCE CONTINUING ALONG SAID EASTERLY MARGIN, NORTH 17~38'36" EAST, 104.40 FEET; THENCE CONTINUING ALONG SAID EASTERLY MARGIN, NORTH 03048'23'' EAST, 195.00 FEET; THENCE SOUTH 81~11'37'' EAST, 896.23 FEET; THENCE SOUTH 11~29'20" WEST, 270.91 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM World Vision 191-42-940-018 June 29, 1995 EXHIBIT "g" LEGAL DESCRIPTION FOR TRAIL EASEMENT ~ That portion of Lot B of City of Federal Way Boundary Line Adjustment No. BLA 94-0006 as filed under Recording No. 9410069005, Records of King County, Washington, included within a strip of land 6 feet in width, lying 3 feet on each side of the following described centerline: COMMENCING at the southwesterly corner of said Lot B; THENCE along the southerly line of said Lot B, S 88042'35TM E, 391.69 feet to the TRUE POINT OF BEGINNING; THENCE N 02°34'21'' E, 14.88 feet; THENCE N 83°09'14'' E, 21.40 feet; THENCE N 79°28'37 E, 47.79 feet; THENCE N 39°40'33" E, 19.87 feet; THENCE N 23039' 18" W, 50.66 feet; THENCE N 04056' 19" W, 34.99 feet to Point "A' and the terminus of this centerline description; TOGETHER WITH that portion of said Lot B, included within a strip of land 12.00 feet in width, lying 6.00 feet on both sides of the following described centerline: BEGINNING at said Point "A'; THENCE N 03°27'02'' W, 57.19 feet; THENCE N 07°34'58'' E, 53.95 feet; THENCE N 02°43'43" E, 50.60 feet; 34004 9th Ave. So., 81dg. A · Federal Way, Washington 98003 Federal Way (206) 838-6113 · Tacoma (206) 927-0619 · Seattle (206) 623-5911 Fax: (206)~38-7104 THENCE N 08o13'43'' E, 43.24 feet; THENCE N 36o15'40'' E, 46.67 feet; THENCE N 03°55'01" E, 41.12 feet; THENCE N 17°57'35" W, 19.35 feet; THENCE N 25°37'49'' W, 16.69 feet; THENCE N 16°37'21" E, 49.08 feet; THENCE N 10046'36" E, 45.52 feet; THENCE N 41°02'04" W, 24.30 feet; THENCE N 18°18'41'' W, 38.69 feet; THENCE N 09°51 '49' W, 45.14 feet to Point "B" and the terminus of this centerline description; ALSO TOGETHER WITH that portion of said Lot B, included within a strip of land 6.00 feet in width, lying 3.00 feet on both sides of the following described centerline: BEGINNING at said Point "B'; THENCE N 06°44' 18" E, 22.10 feet; THENCE N 14°16'36" E, 18.47 feet; THENCE N 32°46'05'' E, 24.73 feet; 2-92.81 THENCE N 48°15'47" E, 12.45 feet; THENCE N 59o58, I4" E, 22.71 feet THENCE N 40°54'55" E, 16.74 feet; THENCE N 54°05'07" E, 56.26 feet to the northerly line of said Lot B and the terminus of this centerline description. See attached Exhibit "TR" Written By: R.J.W. Checked By: C.A.F. EXHIBIT "rR" .- TO ACCOMPANY LEGAL DESCRIP~ON ~t FOR TRAIL EASEMENT A PORTION OF SW 1/4 OF SEC. 21, TWP. 21 N., RGE. 4 E., W.M. KING COUNTY, WASHINGTON ~ SCALE : 1" = 200' POINT 'B LOT a '~;~, I No. 8~ 9,,-ooo~ ,,,~, / POINT 'A TRUE POINT 3' SOUTHWEST CORNER OF LOT B JOB NO. 191-42-9¢0-016 i E~ ~ DRAWING NAME : EXH-TR I ,,,~.~,.~:,~,.~,,.,a~=,~ DATE : 06-29-95 3~ 9,~ A~u~ ~.. e~. A DRAWN : R.J.W.  ~ ~y. W~HiNGT~ 9~5 SHEET 1 OF 1