HomeMy WebLinkAbout1993 - Water Supply Pipeline Easement - McLeod Development Company / Nelsen Helen / City of Seattle et al - 9305182052SEATTLE WATER DEPT
710 - 2nd AVE. 10th PLR.
SEATTLE, WA 06104
9305182052
WATER SUPPLY PIPELINE EASEMENT
THIS EASEMENT made this /7 day of JC.,1rv1dL./ , 199,
by and among STUART MCLEOD, a single man ( "McLeod "), MCLEOD DEVELOPMENT COMPANY, a Washington corporation ( "MDC "), and HELEN NELSEN, a single woman ( "Nelsen ") (collectively, "Grantor ")
and THE CITY OF SEATTLE, a municipal corporation of the State of
Washington ( "City "), as Grantee.
WITNESSETH: Said Grantor, for and in consideration of
City's conveyance to McLeod and MDC of one 30 -foot wide and one
90 -foot wide roadway and storm drain line easement across City's
Cedar River Pipeline No. 4 (formerly Bow Lake Pipeline) Right -of-
Way (CRPL #4 R /W) and other valuable consideration, and the
covenants and promises of the City hereinafter set forth, hereby
grants to the City two 10 -foot wide easements for a water supply
pipeline, with necessary appurtenances over, under, through,
across and upon the following described properties :
PARCEL 1:
SOUTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN
SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST
W.M., LYING WEST OF THE BURLINGTON - NORTHERN RAILROAD
RIGHT -OF -WAY, EAST OF THE OREGON - WASHINGTON RAILROAD
AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE
137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM
AND NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE
RIGHT -OF -WAY;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE
OF WASHINGTON;
PARCEL 2:
THE NORTH 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT
PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE
NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN
SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.,
BOUNDED AS FOLLOWS:
ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY
MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT
50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON
NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK
CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT
330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF
SAID GOVERNMENT LOT 11;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF
SEATTLE'S 30 -FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY,
AS CONVEYED TO THE CITY OF SEATTLE, BY DEED RECORDED
UNDER RECORDING NO. 4131067;
EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
wyku(.gm
•1.
1
TAX
REQUIRE®
Dom
9305182052
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION
CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE,
ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH
LINE OF SAID DONATION CLAIM;
THENCE NORTHERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH
LINE A DISTANCE OF 80 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID
EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO
THE POINT OF BEGINNING;
EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE
FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED
UNDER KING COUNTY RECORDING NOS. 8404050908 AND
8404050909:
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE
OF WASHINGTON;
TOGETHER WITH THE RIGHT TO CROSS MCLEOD'S ADJACENT PROPERTY
ALONG ROUTES REASONABLY SET, TO PROVIDE ACCESS TO SAID
EASEMENT AREAS FROM STRANDER BOULEVARD FOR PERSONNEL,
VEHICLES AND EQUIPMENT.
WHICH EASEMENT shall include only such rights in the lands
above described as shall be necessary for the construction,
reconstruction, alteration, operation, maintenance, repair and
protection of said water supply pipeline and appurtenances.
The parties acknowledge that MDC is the Ground Lessee of
Parcel 1, that Nelsen is the owner and Ground Lessor of Parcel 1,
that McLeod is the owner of Parcel 2, and that McLeod, MDC and
Nelsen are granting the above - described easement as to their
respective property interests.
The City shall have the right without prior institution of
any suit or proceeding at law, at such times as may be necessary,
to enter upon said easement areas for the purposes herein
described without incurring any legal obligation or liability
therefor. Any entry by City onto the easement areas and any
construction by City thereon shall be made so as to minimize
interference with Grantor's use of their properties.
Work performed during such entry shall be accomplished by
the City in a manner such that the private improvements existing
in said easement areas on the date of this easement, permitted
pursuant to the terms hereof, or subsequently allowed by the City
in writing, shall not be disturbed or destroyed, or in the event
that they are disturbed or destroyed they shall be replaced in as
good condition as they were immediately before the property was
entered upon by the City, EXCEPT that the City shall not relocate
or guarantee survival of shrubs in excess of 6 feet in height.
Where excavation is required in paved areas, such paving shall be
sawcut and restored by standard patching procedures.
This easement shall not impair the right of the Grantor to
use said property for any other legal purposes not inconsistent
with the rights herein granted;
PROVIDED that no buildings or other permanent structures,
rockery, trees, or permanent obstruction of any kind shall be
erected or planted or permitted to remain within the boundaries
of said easement areas without the written permission of the City
of Seattle's Superintendent of Water, or any other officer or
board who may hereafter succeed to the jurisdiction and powers in
respect to said water supply pipeline now possessed by said
Superintendent.
9305182052
RESERVING unto the Grantor the right to construct,
reconstruct, operate, maintain and repair one road 30 feet in
width and one road 90 feet in width, with drain- line facilities
across said pipeline easements. Plans for such road crossings
must be designed by a professional engineer and submitted to said
Superintendent for comment and written approval. Such approval
shall not be unreasonably withheld. Grantor shall construct said
road crossings in a manner such that physical access to said
pipeline from both crossings shall not be unreasonably impaired.
AND RESERVING unto the Grantor the right to install and
maintain parking spaces, access road and /or shallow- rooted low
profile shrubbery not to exceed 6 feet in height at maturity.
Plans for such parking, access road or landscaping are to be
submitted to said Superintendent for comment and written approval
-
'prior to installation, which approval shall not be unreasonably
withheld.
Grantor understands and agrees that Grantor shall not be
entitled to payment for any damages for any loss of use while
City is performing work upon said easement area.
It is expressly understood and agreed that before any
construction, improvement, excavation by cutting or filling, or
substantial repair of Grantor's improvements within the easement
areas are made by Grantor or his agents, plans shall be supplied
to City's Water Department for approval. Such plans shall
indicate the permanent grade established and shall show the
drainage pattern within the vicinity. No such construction or
improvements shall be undertaken without the approval, in
writing, of said Superintendent, which approval shall not be
unreasonably withheld. At least seventy -two (72) hours' notice
shall be given to City Water Department's Headworks Crew Chief at
Lake Youngs (255 -2242) prior to performance of such construction
or improvements.
The City shall be responsible, as provided by law, for any
damages resulting to the Grantor's property through the City's
negligence in the use of the easement areas, or otherwise by
reason of City's exercise of the rights and privileges granted
under this Agreement.
Grantor waives any present or future claim against the City
relating to hazardous substances, pollutants, or contaminants,
except to the extent caused by the acts or omissions of City.
Grantor shall indemnify and defend the City from any such claim,
including enforcement action by a regulatory agency, to the
extent caused by the acts or omissions of Grantor (but not to the
extent the hazardous substances, pollutants, or contaminants
arise from the City's operations). City waives any present or
future claim against Grantor relating to hazardous substances,
pollutants or contaminants, except to the extent caused by the
acts or omissions of Grantor. City shall indemnify and defend
the Grantor from any such claim, including enforcement action by
a regulatory agency, to the extent caused by the acts or
omissions of City (but not to the extent the hazardous
substances, pollutants, or contaminants result from the
Grantor's operations).
This easement and each of the terms, provisions, conditions
and covenants herein shall be binding and inure to the benefit of
the parties hereto and their respective successors and assigns,
and shall run with the land.
vtpk..e.1►m
.3.
93
Dated as of the date first set forth above.
STU
MCLEOD
ELEN B. NELSEN
STATE OF WASHINGTON )
ss.
COUNTY OF KING ) 9�
� 3
On this /b day of FL„a, , 1990 before me, a
Notary Public in and for the State of Washington, personally
appeared STUART MCLEOD, personally known to me (or proved to me
on the basis of satisfactory evidence) to be-the person who
executed this instrument and acknowledged it to be his free and
voluntary act and deed for the uses and purposes mentioned in the
instrument.
MCLEOD DEVELOPMENT CO,}�ANY
a Washington orpor :moron
S ART C "; Pres dent
By
IN WITNESS WHEREOF, I have hereunto set my hand and ; "o'ff� ial
J17J • •!•••
0'.w:.
NOT PUBLIC in and for the',S a ''
of 'Washington, residing at /4/,¢(Z444.-45)
My appointment expires
seal the day and year first above written.
STATE OF WASHINGTON )
COUNTY OF KING
88.
On this 44-4 day of F�, ue.,v , 199 *, before me, a
Notary Public in and for the State 6f Washington, personally
.appeared STUART MCLEOD, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the President
of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act
and deed of said corporation for the uses and purposes mentioned
in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
Ji..{ :: ' :'
NOTARY PUBLIC in and for:tAe'f$We
of Wa hington, residing ;at'•..'4c..0
My appointment expires "g:. u J•,
y1,,, -
li � •
•
=
9305182052
STATE OF WASHINGTON )
BS.
COUNTY OF KING
On this /L of /4-.'a, t , 1992, before me, a
Notary Public in and for the State of Washington, personally
appeared HELEN B. NELSEN, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person who
executed this instrument and acknowledged it to be her free and
voluntary act and deed for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF, 1 have hereunto set my hand and official
seal the day andtVer first above written.
Inrksse..vo
es,--P7/44 •
NOTARY UBLIC in and for the...Atat*4
of Washington, residing at
My appointment expires
4.