HomeMy WebLinkAbout2004 - Shared Access Easement & Maintenance Agreement - Group Health Cooperative / Central Puget Sound Regional Transit Authority - 20040917001748RECORDING REQUESTED BY AND RETURN ADDRESS:
Sound Transit Real Estate
Union Station
401 S. Jackson Street
Searle, WA 98104-2826
Attu: Johnsio Clark
p20gT05 09170017
00001 0 BIB
0 0 7tOYN y, 0
SHARED ACCESS EASEMENT AND
MAINTENANCE AGREEMENT
86359t4 ' AM l o
GRANTORS: Oioup Health Cooperative
A Washington Non Profil Corpontion
GRANTEES: Central Puget Sound Regional Transit Authority
ABBREVIATED LEGAL DESCRIPTION: Portion Tracts 21.22 & 3132, Riverside Interurban Tracts. Vol. 10,
P. 74.
ASSESSOR'S TAX PARCEL NO.: T34060-0480.00
EX:" • •' TAX NOT PEOU RED
. Rmrords Car mn
eput9
R/W s TIDC043
Form Approved by L4as1843/03
Lan eavd by 1Dounu on er19t04
SHARED ACCESS EASEMENT AND MAINTENANCE AGREEMENT
This Shared Access Easement and Maintenance Agreement (the "Agreement") is
entered this _ day of June 2004, by and between Group Health Cooperative, a
Washington Non -Profit Corporation (Grantor) and Central Puget Sound Regional Transit
Authority (Sound Transit) with reference to the following facts:
RECITALS:
A. Grantor is the owner of the real property located in the city of Tukwila,
King County, Washington legally described and depicted in Exhibit A attached hereto.
B. Grantor is the owner of the real property located in the city of Tukwila,
King County, Washington legally described and depicted in Exhibit B attached hereto.
C. Grantor is the owner of the real property located in the city of Tukwila,
King County, Washington legally described and depicted in Exhibit C attached hereto.
D. As pan of Sound Trnnsit's construction of the Link light rail project,
Sound Transit acquired real property interests from Grantor, and agreed, among other
things to enter into this Shared Access Easement and Maintenance Agreement granting
necessary easement interests and establishing maintenance obligations of the parties.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
I. Recitals and Exhibits Incorporated. Each recital set forth above and each
Exhibit attached hereto is incorporated into this Agreement as though fully set forth
herein.
2. Grant of Easement. Grantor, for and in consideration of Ten ($10.00)
Dollars and Other Good and Valuable Consideration, receipt of which is hereby
acknowledged by Grantor, does hereby make, declare, sell, transfer, convey, warrant and
establish a 15 foot wide perpetual, non-exclusive easement through and over Grantor's
Property, in the Easement Area more particularly described in Exhibit B, for the benefit
of Grantor's Property and Sound Transit for the purpose of Grantor's and Sound Transit's
use and maintenance of a shared roadway (to be used by Grantor and Sound Transit) to
provide vehicular and pedestrian ingress to and egress from East Marginal Way to
Grantor's and Sound Transit's property. Granlee.shall provide 48 hour advance notice to
Grantor to coordinate access. Grantee's use of the Access Easement shall be solely for
performance of construction of Central Link Light Rail System and maintenance
activities for the light rail system, storm water detention pond, and appurtenances thereto.
Use of the Access Easement shall be solely by employees of Sound Transit and
contractors thereof.
RAV a 1lrK0d3
2 Form Approved by Leg.' Sn 7/07
Last saved by lewerr am 6/290e
3. Roadway Maintenance. Roadway will be maintained by Grantor. Any
damage caused explicitly by Sound Transit or its Contractors shall be paid for by Sound
Transit and/or the Contractor causing damage.
4. Binditta Effect. The covenants and agreements set fonh in this Agreement
shall be covenants running with the land. Such covenants shall be binding upon, and
inure for the benefit of the parties hereto and their respective successors and assigns. The
Agreement granted hereby shall have priority over any and all liens, encumbrances or
other interests in the encumbered property, and shall survive transfer of the fee ownership
of, or any leasehold estate in, the encumbered property.
5. Recording. This Agreement shall be recorded in the real property records
of King County, Washington.
6. Costs and Attorneys' Pees. The parties 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 the terms, covenants, agreements and/or conditions
of this Agreement, 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 there-
with, including, but not limited to, reasonable attomey's fees (including paralegal fees
and fees for any appeals) and court costs.
7. Notices. Any and' all notices or other communications required to per-
mitted by this Agreement or by law to be delivered to, served on or given to either party
to this Agreement by the other party to this Agreement, shall be in writing and shall be
deemed properly delivered, given or served when personally delivered to such parry, or in
lieu of personal services, when telecopied or when mailed by United States mail, express,
certified or registered, postage prepaid, or by a nationally recognized overnight delivery
service, charges prepaid, addresses as follows:.
TO: Group Health Cooperative
c/o Trammell Crow Company
12501 E. Marginal Way South
Tukwila, WA 98168
TO: Sound Transit
401 South Jackson Street
Seattle, WA 98104
All notices so telecopied shall be deemed delivered upon transmission thereof and
all notices so mailed shall be deemed received on the date which is 24 hours after
delivery to the ovemight delivery service by the sender, or if placed in the United States
mails, on the date of the return receipt or, if delivery of such United States mail is refused
RAW p TUK0e1
3 Form Approved by Lobel SJI103
Lars saved by Morns on 6/290e
or cannot be accomplished, 48 hours after deposit in the United States mails. Either party
may change its address for the purpose of this Section by giving ten (10) days advance
written notice of such change to the other party in the manner provided in this Section.
8. Amendment. This Agreement may not be modified, amended or
terminated without the prior written approval of the Then owners of the land which is
benefited or burdened by the provisions of any amendment to this Agreement.
9. As used herein,' the term "Grantor" shall refer to Group Health
Cooperative and its successors and assigns; the term "Grantee" or "Sound Transit" shall
refer to Central Puget Sound Transit Authority and its successors and assigns.
IN WITNESS WHEREOF, this Agreement is executed by the parties, intended to
be legally bound, as of the date first written above.
STATE OF WASHINGTON
) ss.
COUNTY OF KING
On this - pit, day of W( 1- 2004 before me, a Notary Public in and for
the State of Washington, personally appeared ' 1XZ4/ ad,Tflf and
personal y known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed this instrument and acknowledged it to be
. his/her/their free and voluntary act and deed 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.
RN, • T UK043
K0T{(RY PUBLIC in a
Washington, residing at!
My appointrneAcnires
Print Name W114410t
4 Form Approved by Legal 8,13/01
Lacer saved by Mourne on 6•29/04
STATE OF WASHINGTON
)s9.
COUNTY OF KING 1)
On this day of L... -ff r1 l0 2004 before Inc. a Notary Public in and for
the State of Washington, personallytappeared i4trS/1ES, ouc7Ze--1 and
personally known ro me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed this instrument and acknowledged it to be
his/her/their free and voluntary act and deed for the uses and purposes mentioned in the instrument.
IN WITNESS4P FI j have hereunto
above written _ gt 0 itr
: Y < .1, sari
rat hr,,l1.,^ rr9."eP
, 0!M `
STATE OF WASHINGTON
ss.
COUNTY OF KING
set my band and official seal the day and year first
NOTARY PUBLIC in an for the Stale of
Washington, residing at ORE.
My appointment expires Z/Z P, 1Oro
Print Name 1E7Z.! A- U jsoiJ
On this _ day of 2004 —, before me, a Notary Public in and for
the State of Washington, personally appeared and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) who executed this instrument and acknowledged it to be
his/her/their free and voluntary act and deed 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 Cost
above written.
RAW a TUKaet
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires
Print Name
5
Fonn Approved by Legal sit Al
Lao saved by mount. on srlept
EXH1BIt4
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 PLA lS, PAGE 74, RECORDS OF KING COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY MARGIN OF PRIMARY STATE HIGHWAY NO. 1,
FOSTER IN TERCHANGE TO S. 118' STREET, AS CONDEMNED UNDER SUPERIOR COURT
CASE NO.646846, THAT DEARS 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+05.30, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF
THAT CERTAIN TRACT OF LAND AS DESCRIBED IN OPTION AGREEMENT RECORDED
UNDER RECORDING N0. 7506390402; 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 e25; 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 LFNE 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 N0. 7412090465; THENCE NORTH 18 DEGREES 38 MINUTES 24
SECONDS WEST 12.65 PEET ALONG SAID EASTERLY MARGIN; THENCE NORTH 12 DEGREES
54 MINUTES 24 SECONDS WEST 443.48 FEET ALONG SAfD EASTERLY MARGIN; THENCE
NORTH 10 DEGREES 07 MINUTES 24 SECONDS WEST 333.78 FEET ALONO 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 TUK W ILA, COUNTY OF KING, STATE OF WASHINGTON.
RIW 4 711K043
6 Form Approved by Legal SII3/03
Last saved by Mourns on 6/2994
EXHIBLT B
Access Easement Area Acquired by Grantee:
THAT PORTION OF THE ABOVE DESCRIBED GRANTOR'S PARCEL DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT HAVING SOUND TRANSIT SOUTH ZONE COORDINATES OF
N 282708.22, 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 WESTLUNE 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, AND
SAID POINT BEND THE TRUE POINT OF BEGINNING; .
THENCE 504°33'53"E PARALLEL WITH SAID EAST LINE A DISTANCE OF 15.07 FEET;
THENCE NS9°03'59"W A DISTANCE OF 27.37 FEET
THENCE S52°26'I3"W A DISTANCE OF 6.25 FEET;
THENCE S03°34 '18"W A DISTANCE OF 14.57 FEET;
THENCE N89°I 8'17"W A DISTANCE OF 32.41 FEET;
THENCE N60°55'25"W A DISTANCE OF 60.89 FEET;
THENCE N88°52'28"W A DISTANCE OF 172.15 FEET TO THE BEGINNING OF A CURVE
HAVING A RADIUS OF 220.00 FEET;
THENCE WESTERLY, TO THE LEFT, ALONG SAID CURVE THROUGH AN ANGLE OF
40°49'24" AN ARC DISTANCE OF 156.75 FEET; •
THENCE S50°18'08"W A DISTANCE OF 142.79 FEET TO THE BEGINNING OF CURVE
HAVING A RADIUS OF 167.00 FEET;
THENCE SOUTHWESTERLY, TO THE RIGHT, ALONG SAID CURVE THROUGH AN ANGLE
OF 30°53'24" AN ARC DISTANCE OF 90.28 FEET;
THENCE S81°16'32"W A DIS TANCE OF 22.62 FEET TO THE WEST LINE OF SAID
GRANTOR'S PARCEL THE SAME BEING THE EAST LINE OF EAST MARGINAL WAY
SOUTH;
THENCE N12°53'21 "W ALONG SAID WEST LINE A DISTANCE OF 15.04 FEET TO A POINT
DISTANT 15.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE PROLONGATION OF
THE PREVIOUS DESCRIBED COURSE;
THENCE N81°I6'32"E A DISTANCE OF 23.72 FEET TO THE BEGINNING OF A CURVE
HAVING A RADIUS OF 152.00 FEET;
THENCE NORTHEASTERLY, TO THE LEFT, ALONG SAID CURVE THROUGH AN ANGLE
OF 30°58'24" AN ARC DISTANCE OF 82.17 FEET;
THENCE N50°18'08"E A DISTANCE OF 142.79 FEET TO THE BEGINNING OF A CURVE
HAVING A RADIUS OF 235.00 FEET;
THENCE EASTERLY, TO THE RIGHT, ALONG SAID CURVE THROUGH AN ANGLE OF
40°49'24" AN ARC DISTANCE OF 167.44 FEET;
THENCE S88°52'28"E A DISTANCE OF 175.88 FEET;
THENCE S60°55'25"E A DISTANCE OF 21.48 FEET;
THENCE S89°03'59"E A DISTANCE OF 8634 FEET;
THENCE NI0°39'02"E A DISTANCE OF 108.58 FEET TO A POINT ON THE EAST LINE OF
SAID GRANTOR'S PARCEL;
THENCE SO4°33'53"E ALONG SAID EAST LINE A DISTANCE OF 38.10 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING AN ACCESS EASEMENT AREA OF 11,547 SQUARE FEET MORE OR LESS.
RIW a TUR041 Farm Approved by Legal A ILO)
Last saved by Mourne on 6/79,04
NOTE: THE BASIS OF BEARINGS IS THE WASHINOTON COORDINATE SYSTEM OF 1983, 1991
ADJUS I'MENT (NAD 83/91). COORDINATES ARE REFERENCED TO THE SOUND TRANSIT
LINK LIGHT RAIL SOUTH ZONE PROJECT DATUM. TO CONVERT TO THE WASHINGTON
COORDINATE SYSTEM OF 1983/91, NORTH ZONE, FIRST SUBTRACT 100,000 FROM BOTH THE
NORTHING AND EASTJNG, THEN MULTIPLY THESE COORDINATES BY THE COMBINED
SCALE FACTOR OF 0.999997515.
Form Approved by Legal 8213O3
Ial saved by JDoum2 o0 6/2904
NE%, SWI/ & SE4 SW'/, SEC 10, T 23 N. R 4 E; W.M.
GUIDEWAY
E MARGINAL S
MELDLIDI AIR
PLAITED LOT (PC
PEE IAN
Idal Al
LENS, 0ATA
SCALE IN our EXHIBITC
9ARC1 AREA IS TAM INC
SING CQMTY ASSESSOR RECORD.
SHEET I OF 2
PARCEL MAP 755 TUK-043
ASSES0W KO: 7
NE1/4 SW; & SE1/4 SW1/4 SEC 10, T 23 N. R 4 E; W.M.
...I, ':. 1
f;..,
L.
sav;;srer'
sm.
•.••... , ‘ 1
...:
sarn..r.
4.5s.
,._
'.•i":' '(;;;.'i I • .
1.4
560.5.STST
SLAW
„"
.;.•• .--:;•• A'.. . - . , • • I:
li,
SiarDs' 410
az/.
..—
......
• ' ,....:.: i • .. •Es
“a•sYsPar
1507'
°•:-..ji.. ..1 I•.
kl i
• r-,,, , . 1 . •
.1t, •
, •'5..: Lt.
t ;1..._:4=44 .. '
)OW U•
AY,c.I.1
t;•,t,:..1 1
;t: . 1
v-7H071.1...9 .•
, 5:—
*4'ssrst••--
TRW TWA; ,;.••••A, '
i
..
I I
-1 E
• 4
AS
ALI
.'
11
•
, .
f•
t:
,
- - - IT.
:•"• , = ,
--
• .
I(') •
03•591...• ,
..
r" ••• 1
• sli .. 1
COALMAN. • I
SiS..0.',IS..1
'
CUI 4. 1
. • .
i 0 .
6IH 00414'...•
- 81252220
• ..; ,
Pel 515119 HI a
1 064
,
..to II
. . ,....1
......
s..
11
Orr .4,1, I 1"..501
ETAIL 2
1.02111
— — — — — L....AL TAM! rAl
25 0 25 50
RAO 83' (91)
STAER DOM VIA
- RAM SOF UV
NM NAVE BB
MI
— — — — noon, MI
SCALE iN `EU EXHIBIT C
PAM CM
— — — — — n2 IA. lilt
— SAWN. tin Amur.
- - , • - - 091400 SIAS IONOSAIT
ARTEL AREA IS •ROIS 'YE
INC COW, ASSESSOR RECORD. SHEET 2 oF 2
15./\)<•1 W5%;;P1lil f":1;': ;:.] [s.,,•;,044iNi.1 1....:•••••••':.....:•:•..:•:•1
• .E1 SAXE
ArEli,AL MT IND MASI LSAT ACCESS MIT HERRMAN, I.,
_Ai
f<SIr
Ailinn
"
..........
ssAmoisAASIS
.'
AHAB. AKA SU Mu i ,,,,,,,,, ,,,,,,,
sit MO. MST. f SNti
SONADIS MA KNOW TOSS
PARCEL MAP 755-T10K-043
510
/SOAR NOs T/406170480 cigt: ',MAD
ILI&IA]........Ls
onn CAW NIstoi COSPSIAI in
..,,,,, , N/A Lot,,,,,, Si. :1 SI • 32
l 51 SW RAIL ISMS 1 STUB,
El IT 041 MANISA KING COUNTY. WA