HomeMy WebLinkAbout1998 - Storm Sewer Easement Agreement - Nelsen James / Frohmuth Loren / CSM Lodging - 98060418049806041804
STORM SEWER EASEMENT AGREEMENT
THIS STORM SEWER EASEMENT AGREEMENT ( "Agreement") made this 6
day of i✓jQ , 1998, by and between James R. Nelsen and Loren
S. Frohmuth,(as Personal Representatives of the Estate of Helen B.
Nelsen ( "Grantor ") and CSM Lodging, L.L.C., a Delaware limited
liability company and Tukwila Station, L.L.C., a Washington limited
liability company (together, "Grantee ").
RECITALS
FIRST: Grantor is the fee owner of the real property located in
King County, Washington, which is legally described on Exhibit A
attached hereto (the "Burdened Parcel ");
SECOND: CSM Lodging, L.L.C., is the fee owner of the real property
located in King County, Washington, which is legally described on
Exhibit B attached hereto (the "CSM Parcel "). Tukwila Station,
L.L.C., is the fee owner of the real property located in King
County, Washington, which is legally described on Exhibit C
attached hereto (the "TS Parcel "). The CSM Parcel and TS Parcel
are sometimes hereinafter referred to together, as the "Benefitted
Parcel ".
THIRD: Grantor and Grantee desire to establish an easement for
storm sewer purposes over, under and across the Burdened Parcel for
the benefit of Grantee and the Benefitted Parcel, on the terms and
conditions set forth herein.
NOW, THEREFORE, IN CONSIDERATION OF the sum of One Dollar ($1.00)
and other good and valuable consideration, paid by the Grantee, the
AGREEMENT
2
receipt and sufficiency of which is hereby acknowledged by Grantor,
the parties hereby agree as follows:
1. Grantor, for itself, its heirs, administrators, legal
representatives, successors, devisees and assigns, does hereby
grant and convey unto Grantee, its successors and assigns, a
perpetual appurtenant easement (the "Easement ") for the
installation, operation, maintenance, repair and replacement
of an underground storm sewer line over, under, and across
that part of the Burdened Parcel as depicted in Exhibit D
attached hereto, and legally described in Exhibit E attached
hereto (the "Easement Parcel "). No other use of the Easement
Parcel by Grantee that is inconsistent with the .terms of this
Agreement shall be allowed without Grantor's prior written
consent.
2. Subject to the terms of Paragraph 5 herein, it is understood
and agreed by and between the parties hereto that the Grantee
shall be responsible at its sole expense for the installation,
operation, repair, replacement and maintenance of the storm
sewer line located within the Easement Parcel, except to the
extent any such work is required due to the negligent actions
or omissions of Grantor, its agents, employees or consultants.
3. Grantee agrees to repair, replace and restore any damage or
disturbance of existing landscaping, curbing, signs, utility
T' lines or other property or improvements on the Burdened Parcel
O caused by Grantee, its employees, agents or contractors during
(.D any installation, maintenance, repair, replacement, or removal
of the storm sewer lines, to substantially the same condition
Tr as existed immediately prior to such work. Grantee also
agrees to backfill its excavations of the Burdened Parcel in
connection with such work.
on 4. The Easement created herein shall be appurtenant to the
Benefitted Parcel, and any conveyance of fee title to the
Benefitted Parcel, or any part thereof, shall be deemed to
include a conveyance of the Easement appurtenant to and for
the benefit of the Benefitted Parcel, regardless of whether
the Easement is specifically identified in the instrument of
conveyance. The Easement described herein shall burden the
Burdened Parcel and shall run with the land and shall be
perpetual in duration. Nothing contained herein shall
constitute a gift or dedication of any interest in such
Easement or the Easement Parcel to the general public, for the
general public, or for any public purpose whatsoever.
5. There is hereby reserved unto Grantor, its heirs,
administrators, legal representatives, successors, devisees,
and assigns the right to (i) tap into the storm sewer line
3
installed by Grantee within the Easement Parcel in such
location mutually determined by Grantor and Grantee, provided
that the capacity of said line is not and will not be
exceeded, and (ii) utilize the surface and subsurface area of
the Easement Parcel, as the case may be, for any other uses
that do not interfere or conflict with the rights conferred
upon Grantee herein, including without limitation,
installation, maintenance, and replacement of landscaping. If
Grantor elects to tie into said storm sewer line, Grantor
shall be responsible for repair of damage to the lines and
restoration of the Easement Parcel arising from Grantor's work
and shall thereafter share in one -third (1/3) the cost of
repair and maintenance of the lines. Grantor shall provide at
least forty -eight (48) hours prior written notice to Grantee
of Grantor's intent to tap into the storm sewer line prior to
commencement of any work. Said notice shall be directed to
Grantee, c/o CSM Corporation, at 2575 University Avenue West,
Suite 150, St. Paul, Minnesota, 55114, shall be delivered by
certified mail, return receipt requested, and shall include
plans and specifications for the proposed installation,
including anticipated rate of discharge.
'ft 6. Grantee, for itself, its successors, devisees, and assigns,
0 hereby indemnifies and agrees to hold harmless Grantor, and
00 any mortgagees of the Burdened Parcel subordinating their lien
r4 rights to this Agreement, from and against any and all
z}' damages, liability, fees, penalties and claims, including
0 those for personal injury, wrongful death, or property damage,
'47 including reasonable attorney's fees, incurred by Grantor to
the extent arising out of the utilization of the Easement
t Parcel by Grantee, its agents, employees or contractors.
7. All disputes concerning this Agreement shall be resolved by
binding arbitration under the Rules of the American
Arbitration Association. In any such action or proceeding
brought to enforce this Agreement, the prevailing party shall
be entitled to an award of its costs and disbursements,
including reasonable attorneys' fees and costs.
8. This Agreement constitutes the entire agreement between the
parties hereto with respect to the subject matter contained
herein and supersedes all other agreements, arrangements, or
understandings that may conflict with or are inconsistent with
the terms hereof, whether oral or written. This Agreement may
be executed in one or more counterparts each of which when so
executed and delivered shall constitute an original but
together shall constitute one and the same instrument. This
Agreement shall be binding upon and inure to the benefit of
STATE OF MINNESOTA)
.) ss .
COUNTY OF RAMSEY ).'
The foregoing instrument was acknowledged before me this (2/7 .
day of Ala y , 1998, by MURRAY KOINBERG, THE VICE PRESIDENT, * the
Manager of /CM Lodging, L.L.C., a Delaware limited liability
company, on behalf of the company.
*OF CSM PROPERTIES, INC., A MINNESOTA CORPORATION
.STATE 00 )
)•ss.
COUNTY OF 1G I5
The foregoing instrument was a
day . of /q/ , .1998, by,
/72R1-0 ue>3 /t1tm6.ejii of. Tukwil a
liability company, on beh
STATE OF
COUNTY OF ]d(/ ors
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011044p, L. L
Npmpany. .
• . •i
s 6 NOTARY '•
la PUBLIC dyr a.tai r
• ) ss •.,7WAstov;.`
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Notary Public
DAVID J. YUNG
NOTARY PUItIC•111fESOU
DAKOTA COUNTY
*commie BON day, $1, NU
AnAmmANAAAAAmmwAmmoommov /7/
e this JC
, the
a Washington limited
)57cd,pe
The forego' ins rument was acknowledged before me this
day of , 1998, by James R. Nelsen,
Representat've of the Estate of Helen B. Nelsen.
'il )444d
Notary Public
V.
Personal
COUNTY ' 0
he forego g instrument was acknowledged before me this
day of 1998, .. by Loren S. Frohmuth, Personal'
C '
Representative of the Estate of Helen B. Nelsen.
Notary Pub ic
THIS INSTRUMENT WAS DRAFTED BY:
David J. Yung
Attorney at Law
2575 University Avenue West
Suite 150
St. Paul, MN 55114
(612) 646 -1717
c: \convey \tukesm.nel 3 /13/98
6
That portion of the Henry Meader Donation Claim No 46 lying in t he
Southwest Quarter of Section 24, Township 23 North, Range 4 East,
W.M., and the Northwest Quarter of Section 25, Township 23 North,
Range 4 East, W.M. lying Westerly of the Chicago, Milwaukee, and
St. Paul Railroad Right of Way (also known as Union Pacific .
Railroad) and lying Easterly of Puget Sound Power and Light Company ,
100-foot wide right of way, and lying Northerly of the Seattle Bow
Lake Pipeline Right of Way, less that portion lying Northerly of
the following described line: Beginning at a point of intersection
of the Southerly right of way line of South 158th Street (also
known as Longacres Way) and the Westerly line of said Puget Sound
Power and Light Company 100-foot wide right of way; thence Easterly
in a straight line along the extension of said Southerly right of
way line of South 158th Street to the Easterly line of said Puget
Sound Power and Light Company right of way; thence Southerly along
the said Easterly line of Puget Sound Power and Light Company right
of way a distance 325.10 feet to the point of beginning of the
• herein described line; thence North 87 degrees 09 minutes 10
• seconds East a distance of 95.59 feet to the Westerly line of
Chicago, Milwaukee and St. Paul Railroad right of way and
termination of the herein described line.
LEGAL' DESCRIPTION OF BURDENED PARCEL
Nelson's Peopern; Lot 12
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EXHIBIT
LEGAL DESCRIPTION OF CBM PARCEL
That'portion of the Donation Land Claim of -the Heirs'at Law of
Henry Meader, Deceased, Designated as Claim No 46, being parts of
Sections 24 and 25 in Township 23 North, Range 4-East W.M., Lying
Easterly of the Easterly Margin of State Road No. 181 as conveyed.
under Deed recorded under Recording No. 984951 and as widened by
Superior.Court Cause No. 592029; lying Westerly of the Puget Sound
Electric Railway. Right -of -Way;
Lying Northerly of the City of Seattle Bow Lake Pipeline as
conveyed by Deed recorded under Recording No. 4151067;
and lying Southerly of a line 446.38 feet South and parallel, when
measured at right angles to the South line of South 158th Street
(Also known as a portion'of Boundary Line Adjustment No. 88 -4 -BLA
recorded under Recording No. 8809301116);
Situate in the City of Tukwila, County
Washington.
King, State o
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EXHIBIT C
LEGAL DESCRIPTION OF TS PARCEL
That portion of Government Lots 2 and 11 of Henry Meader Donation
Land Claim No. 46, all in Section 25, Township 23 North, Range 4
East, W.M., in King County, Washington, described as follows:
Beginning at the intersection of the centerline of the West Valley
Highway also known as State Road No. 181, with the North line of
the South 210 feet of said Government Lot 11, and its Westerly
prolongation; thence South 87 degrees 47 minutes 19 seconds East
along said North line 40.76 feet to the East margin of said Highway
and the point of beginning; thence North 8 degrees 51 minutes 30
seconds West along said Easterly Highway Margin 808.08 feet to the
South line of the City of Seattle's Bow Lake Pipeline Right of Way;
thence South 87 degrees 13 minutes 12 seconds East along said South
Right of Way line 273.28 feet to the Westerly line of a 100 foot
Right of Way conveyed to Puget Sound Power & Light Company by Deeds
recorded under Recording Numbers 2629432 and 2644020, formally
known as Puget Sound Electric Railway Right of Way; thence South 1
degree 13 minutes 24 minutes East along said Westerly Right of Way
line 791.76 feet to the North line of the South 210 feet of said
Government Lot 11; thence North 87 degrees 47 minutes 19 seconds
West along said North line 165.55 feet to the point of beginning;
O Except that portion lying South of a line
JO
p p y g parallel with and
distance of 5 feet North, measured at right angles from the
I. following described line: Beginning at the point of intersection
of the South line of the Henry Meader Donation Claim No. 46 and the
. Centerline of West Valley Highway, also known as State Road No.
181; thence North 8 degrees 52 minutes 29 seconds West a distance
of 48.98 feet along said Highway Centerline; thence South 85
degrees 30 minutes 26 seconds East 41.14 feet to the Easterly
Margin of said Highway and true point of beginning of this
described line; thence continuing South 85 degrees 30 minutes 26
seconds East 227.79 feet, more or less, to the Westerly Margin of
said Puget Sound Electric Railway Right of Way and the terminus of
this described line.
(NOTE: The above described real property has been platted as "Lots
1 and 2 of Short Plat Number L97 -0053" recorded on April 21, 1998
as Recorders Certificate Number 9804219002)
A utility easement under and across the following described
property:
The North 10 feet of the South 35 feet and the East 10 feet of the
following described property:
That portion of the Henry Meader Donation Claim No 46 lying in the
Southwest Quarter of Section 24, Township 23 North, Range 4 East,
W.M., and the Northwest Quarter of Section 25, Township 23 North,
'.' Range 4 East, W.M., lying Westerly of the Chicago, Milwaukee, and
St. Paul Railroad Right of Way (also known •as Union Pacific
Railroad) and lying Easterly of Puget Sound Power and Light Company
100-foot wide right of way, and lying Northerly of the Seattle Bow
Lake Pipeline Right of Way, less that portion lying Northerly of
the following described line: Beginning at a point of intersection
of the Southerly right of way line of South 158th Street (also •
known. as Longacres Way) and the Westerly line of said Puget Sound
Power and Light Company 100-foot wide right of way; thence Easterly
in a straight line along the extension of said Southerly right of
way line of South 158th Street to the Easterly line of said Puget
Tr Sound Power and Light Company right of way; thence Southerly along
c the said Easterly line of Puget Sound Power and Light Company right
of way a distance 325.10 feet to the point of beginning of the
vg4 herein described line; thence North 87 degrees 09 minutes 10
Tr seconds East a distance of 95.59 feet to the Westerly line of
CD Chicago, Milwaukee and St. Paul Railroad right of way and
CO termination of the herein described line.
CD
GO
LEGAL DESCRIPTION OP.EASEMENTTARCEL
CONSENT OF MCLEOD DEVELOPMENT COMPANY
The undersigned, MCLEOD DEVELOPMENT COMPANY, a Washington `.
corporation ( "McLeod ") being one of, the parties to that. certain
MEMORANDUM OF LEASE dated February 2, 1995, (Recording No
, 95 . 04121234), which was executed by and between McLeod and Helen
B. Nelsen, a single person (now deceased) and encumbers the
Burdened Parcel described in the foregoing Storm Sewer Easement
Agreement ( "Easement Agreement "), does hereby join in the
execution of the foregoing Easement Agreement for the purpose of
evidencing its consent thereto and recognizing that its interest
in the Burdened Parcel is subject and subordinate to the
covenants, terms and conditions created in the Easement
Agreement, provided, however, that the rights and benefits
,granted to the Grantee under the Easement Agreement shall also
inure to the benefit of the undersigned.
MCLEOD DEVELOP
,. :. St ar
STATE OF.' 1,6901_SFF )
)
COUNTY OF /644)4.
)
By:
eod
Its: President
ary Public
COMPANY
The foregoing instrument was acknowledged before me this
day of zTu.Je 1998, by Stuart McLeod, the President of
MCLEOD DEVELOPMENT COMPANY, a Washington corporation, on behalf
of the corporation.