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Home My WebLink About2004 - Guideway Easement - Group Health Cooperative / Central Puget Sound Regional Transit Authority - 20040917001746When Recorded Return to: Sound Transit Real Estate Union Station 401 S. Jackson Street Seattle, WA 98104-2826 Attn: Johnsie Clark Ii1I ll_1IIf 11 iI pP2gAIjppETpUppC7001746 NINOa CaUNTY, 4A 8614- GUIDEWAY EASEMENT Grantor: Group Health Cooperative, a Washington Non -Profit Corporation 0 Igo Grantee: Central Puget Sound Regional Transit Authority Abbreviated Legal Description: PIN Tracts 21-22 & 31-32, Riverside Interurban Tracts, Vol. 10, P. 74. Full Legal Description is on page hereof. Assessor's Propeny Tax Parcel Account Number: 734060-0480-00 Reference Numbers of Documents Assigned or Released, if applicable: N/A Group Health Cooperative, a Washington Non -Profit Corooration (the "Grantor") is the owner of real property located in the City of Tukwila commonly known as 12400 E. Marginal Way South and morn particularly described in the legal description attached as Exhibit A (the "Property"). THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, (the "Grantee"), a Washington regional transit authority, is developing high capacity transit service in the central Puget Sound region, including the Central Link light rail system that will extend from S. 154° Street in Tukwila to downtown Seattle (the "Project"). Line Segment 050 R/W KTUK043 Fonn Approved I IR INI EXC!'>: TAX NOT REQUIRED Noco-de Di,•c:no • epury Grantee desires to use a certain portion of the Property in connection with the construction, operation and maintenance of the Project. The boundaries (the "Easement Area") are more fully described in the attached Exbibit B. AGREEMENT 1. Grant of Easement. Grantor, for and in consideration of valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby conveys and warrants to Grantee, its successors and/or assigns, the easements described herein, including a guideway easement and a permanent easement within and through the Easement Area in connection with the Project, including but not limited to the construction, operation, inspection, maintenance, replacement, improvement, removal and use of a segment of Grantee's Central Link light rail system and all appurtenances thereto, and related uses that Grantee may hereafter deem appropriate. Grantee's use of the Easement Area shall include, but not be limited to, placement of underground utilities, columns, foundations, aerial guideway, retention pond, and low impact drainage systems. Grantee shall have the right to access property in addition to that depicted in Exhibit B, as determined by the Grantee, for the purpose of trimming trees and vegetation that are higher than the top of rail and within ten feet of the aerial guideway. In the event private improvements in the Easement Area are disturbed or damaged by Grantee's use of the easement, on or before the end of any associated Temporary Construction Easement (TCE), they shall be replaced with a paved surface, a gravel surface, a hydro -seeded surface, a low impact drainage surface, or a combination thereof. During the term of any associated TCE, disturbed or damaged fences shall be replaced with chain -link or wood fence. During the Term of any associated TCE, Grantee may on an interim basis, restore the Easement Area to a reasonably safe and convenient condition. Grantee shall have the right, but not the obligation, to enter the Easement Area to remove structures or other impediments and to maintain the Easement Area for its intended use. together with the right to inspect and to construct, maintain, repair and replace aerial structures within the Easement Area. 2. Grantor's Use of Easement Area. Grantor shall retain the right to use the property within the Easement Area, so long as Grantor's use does not unreasonably interfere with Grantee's use of the Easement Area. Grantor may park vehicles, landscape Line Segment li730 R/W NTUK043 Form Approved 11RIA3 2 and/or pave the surface of the Easement Area. Any other use is subject to written approval by Sound Transit, which approval shall not be unreasonably withheld. In no event may Grantor construct permanent structures or store flammable, explosive, or hazardous materials within the Easement Area. In the event the Grantee discovers such items in the easement area the Grantee has the right to immediately remove such items at the Grantor's expense. No obstructions of any kind whatsoever, other than those identified above in this Section 2 shall be allowed within 5 feet of Grantee's aerial guideway or appurtenances thereto. The Grantor shall make no use of the Easement Area whatsoever in the area above the aerial guideway structure, or the arca 5 feet below the bottom of the aerial guideway structure. 3. Representations and indemnifications. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby indemnify Grantor from and against any and all liability, loss, damage, expense, actions, and claims incurred by Grantor in connection therewith, to the extent arising from the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. 4. Binding Effect. This easement is appurtenant to and shall run with all real property now owned or hereafter acquired by Grantee as part of the Central Link light rail project, which includes aerial, tunnel, and at -grade facilities in the Project area operated by Grantee for high capacity transportation sysiem purposes and shall inure to the benefit of Grantee, its successors and assigns and shall be binding upon the Property and Grantor, and their respective heirs, successors and assigns. . 5. Insurance. Grantee shall maintain commercial general liability insurance with reasonable limits of liability covering the Easement Area on activities of Grantee on its agents, employees or contractors upon and the use, maintenance or repair by Grantee or its agents employees or contractors of the Easement Area. Grantee shall provide Grantor, on request, certificates of insurance evidencing such coverage. Grantee shall have the right to provide the coverage required herein under blanket policies provided that the coverage shall not be diminished by reason thereof. 6. Legal Proceedings. The patties hereto agree that in the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with this easement, it is understood and agreed that the prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attomey's fees (including paralegal fees and fees for any appeals) and court costs. Lae Segment 4730 3 R/W Vi1JK043 Form App .:wed 11,21/03 7. Condemnation. This easement is granted under the threat of condemnation. 8. Recording. This easement shall be recorded in the real property records of King County, Washington.4, ( / Dated and signed on this 3V • _ day of At i Group Health Cooperative of Puget Sound, a Washington Non -Profit Corporation Grantor By: Its:sU 'lR STATE OF WASHINGTON ss. County of, pJ ) 1 certify that I know or have satisfactory evidence that i'jRi' Adleke . is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath crated that he is authorized to execute the instrument and acknowledged it as the EXECG.MIE \tP of the corporation to be the free and voluntary act of such pany for the ases and purposes mentioned in this instrument. Line Segment n750 R/W 0TUK043 Porm Approved 11'1IPo7 4 "7,/. 7)inar AMMO. legibly) (Please prim name egibly) NOTARY PUBLIC in and or the State of Washington, residing at My commission expires: EXHIBIT A — Legal Description of Entire Parcel Grantor's Entire Parcel: PARCEL A: THAT PORTION OF TRACTS 21, 22, 31 AND 32 OF RIVERSIDE INTERURBAN TRACTS, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY MARGIN OF PRIMARY STATE HIGHWAY N0. 1, FOSTER INTERCHANGE TO S. 118r" STREET. AS CONDEMNED UNDER SUPERIOR COURT CASE NO. 646846, THAT BEARS SOUTH 04 DEGREES 33 MINUETS 59 SECONDS EAST 165.03 FEET DISTANT FROM THE POINT OF CURVATURE OF THE WEST MARGIN. HIGHWAY ENGINEERS STATION 76 t05.30, SAID POINT ALSO IiMMO THE SOUTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED MOP f1ON AGREEMENT RECORDED UNDER RECORDING NO. 7506090402; THENCE SOUTH 04 DEGREES 33 MINUTES 59 SECONDS EAST ALONG SAID MARGIN 615.17 FEET TO A POINT LYING 110 FEET WESTERLY OF AND OPPOSITE ENGINEERS STATION 68'25; THENCE SOUTH 58 DEGREES 17 MINUTES 25 SECONDS WEST 230.32 FEET; THENCE SOUTH 21 DEGREES 32 MINUTES 52 SECONDS EAST 36.80 FEET TO THE SOUTH LINE OF TRACT 32 OF THE RIVERSIDE INTERURBAN TRACTS; THENCE NORTH 89 DEGREES 17 MINUTES 24 SECONDS WEST 476.97 FEET ALONG THE SOUTH LINE OF TRACTS 31 AND 32 TO THE EASTERLY MARGIN OF EAST MARGINAL WAY AS ESTABLISHED BY WARRANTY DEED FOUND IN KING COUNTY RECORDS. KING COUNTY RECORDING NO. 7412090463; THENCE NORTH 18 DEGREES 38 MINUTES 24 SECONDS WEST 12.65 FEET ALONG SAID EASTERLY MARGIN; THENCE NORTH 12 DEGREES 54 MINUTES 24 SECONDS WEST 443.48 FEET ALONG SAID EASTERLY MAROIN: THENCE NORTH 10 DEGREES 07 MINUTES 24 SECONDS WEST 333.78 FEET ALONG SAID EASTERLY MARGIN TO THE SOUTHEAST CORNER OF OPTION AGREEMENT RECORDED UNDER RECORDING NO. 7506090402; THENCE SOUTH 89 DEGREES 17 MINUTES 24 SECONDS EAST PARALELL TO THE SOUTH LINE OF TRACTS 31 AND 32 OF THE RIVERSIDE INTERURBAN TRACTS, A DISTANCE OF 774.30 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGrON. Line Segment 4750 R/W 8TUK043 Form Approved 11,21/03 EXHIBIT B - Legal Description of Easement Area Guideway Easement Area Acquired by Grantee: THA F PORTION OF THE ABOVE DESCRIBED GRANTOR'S PARCEL DESCRIBED AS FOLLOWS: COMMENCING AT A POINT HAVTNO SOUND TRANSIT SOUTH ZONE COORDINATES OF N 282705.22,E 1382219.35, SAID POINT BEING, BY SOUND TRANSIT SURVEY, THE SOUTHEAST CORNER OF SAID GRANTOR'S PARCEL; ' THENCE N04°33'53"W ALONG THE EAST LINE OF SAID GRANTOR'S PARCEL, THE SAME BEING THE WEST LINE OF SR 599, A DISTANCE OF 265.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE N04°33 '53"w ALONG SAID EAST LINE A DISTANCE OF 349.98 FEET TO THE NORTHEAST CORNER OF SAID GRANTOR'S PARCEL; THENCE N89°15'57792 ALONG THE NORTH LINE OF SAID GRANTOR'S PARCEL A DISTANCE OF 6.86 FEET; THENCE 805°40'52"E A DISTANCE OF 350.68 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,196 SQUARE FEET MORE OR LESS. Permanent Easement Area Acquired by Grantee: THAT PORTION OF THE ABOVE DESCRIBED GRANTOR'S PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT A POINT HAVING SOUND TRANSIT SOUTH ZONE COORDINATES OF N 282708.22,E 138221935, SAID POINT BEING. BY SOUND TRANSIT SURVEY, THE SOUTHEAST CORNER OF SAID GRANTOR'S PARCEL; THENCE N04°33'53"W ALONG THE EAST LINE OF SAID ORANTOR'S PARCEL, THE SAME BEING THE WEST LINE OF SR599, A DISTANCE OF 85.30 FEET; THENCE N89°03'59"W A DISTANCE OF 20.09 FEET TO A POINT DISTANT 20.00 FEET, MEASURED AT RIGHT ANGLES. FROM THE EAST LINE OF GRANTOR'S PARCEL; THENCE 504°33.53"E PARALLEL WITH SAID EAST LINE A DISTANCE OF 15.07 FEET; THENCE N89°03'59"W A DISTANCE OF 27.17 FEET THENCE S52°26'I3"W A DISTANCE OF 6.25 FEET; THENCE S03°34' 18"\V A DISTANCE OF 14.57 FEET; THENCE N89°18'17"W A DISTANCE OF 32.41 FEET; THENCE S02°24'08"W A DISTANCE OF 44.89 FEET; THENCE S4 1°59'03"E A DISTANCE OF 56.64 FEET TO THE SOUTFf LINE OF SAID GRANTOR'S PARCEL; THENCE N58°I9'06"E ALONG SAID SOUTH LINE A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7,936 SQUARE FEET MORE OR LESS. Line Segment 4750 92W NIUR043 Form App10ve4 I IRL01 6 NE Pa SWy & SEP SW4. SEC 10, T 23 N, R 4 E: W.M. r10'0T'N.. • 110R• RAZE• 0111DERAY. 90 599 I I5: SB OB. ten 1. QR6JgN -Ni' - SCE 0lU1L s I D' SNEE: 2, 0E 2 J:i - -ISMS'' 1.167..E 0-.040'4 00.r70'1r5Di \:. _ ISi1e' 16342 C2 R.10:.00• 6.S..56'2. cm-se5'•7':o 0918. 3650'. 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