February 2018 Board meeting - CWU Sammamish

After recording return to: Public Works Department City of Ellensburg 501 N Anderson St Ellensburg, WA 98926

DOCUMENT TITLE:

TRAIL EASEMENT

GRANTOR:

Central Washington University, a Washington State agency

GRANTEE:

City of Ellensburg, a Washington municipal corporation.

LEGAL DESCRIPTION : Ptn. Sec. 36, T 18 N, R 18 E, WM. Full legal description as described in Exhibit A and depicted as “40’ Wide Easement for Trail” in Exhibits B and C.

ASSESSOR’S TAX PARCEL NO.: 364034 MAP NO.:

18-18-36067-0900

NON-EXCLUSIVE TRAIL EASEMENT

THIS NON-EXCLUSIVE TRAIL EASEMENT (hereinafter referred to as the “Trail Easement” is made, declared and established this _______ day of ________________, 2018, by and between CENTRAL WASHINGTON UNIVERSITY, a Washington State agency, Grantor, and the CITY OF ELLENSBURG, a Washington municipal corporation, Grantee (collectively referred to as the “Declarants”). WHEREAS, the Grantor owns the real property situated in Kittitas County, State of Washington, which is legally described above; and WHEREAS, the Grantor dedicates the “Trail Easement” to the CITY OF ELLENSBURG, a municipal corporation; and WHEREAS, the CITY OF ELLENSBURG, a municipal corporation, desires to establish and reserve unto itself certain non-exclusive easements for trail purposes, NOW, THEREFORE, for and in consideration of the benefits contained and derived hereunder, and for other good and valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor, for and on behalf of itself and its successors in interest and assigns, does hereby convey, grant, declare, reserve unto itself, and establish the following easements for the benefit of Grantee: 1. TRAIL EASEMENT 1.1 Location . The Grantor hereby convey, grants, declares, reserves, and establishes a non-exclusive easement over, across, and under the parcel as previously described (the “Easement Area”). 1.2 Use . The Declarants acknowledge and agree the Trail Easement exists for the benefit of the public’s use of a trail as a right-of-way for walking, hiking, jogging, bicycling and other similar recreational non-motorized recreational activities, as well as for Grantee’s various public non-motorized trail system, and burdens Grantor’s property. The Trail Easement is to be used by the Grantee, and its successors and assigns together with other grantees for the purposes of locating, constructing, operating, repairing, maintaining, improving, removing, and enlarging the trail system, which may include but are not limited to gravel and paved pathways, landscaping, plantings, fencing, irrigation system and any and all associated facilities or appurtenances necessary to the foregoing

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