HomeMy WebLinkAbout1998 - Storm Sewer Easement Agreement - KOAR SEATAC PARTNERS / CSM Lodging - 98060418059806041805
STORM SEWER EASEMENT AGREEMENT
RECITALS
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THIS STORM SEWER EASEMENT AGREEMENT ( "Agreement ") is made this Z
day of f'- , 1998, by and between KOAR - SEATAC PARTNERS, L.P.,
a California limited partnership ( "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 ").
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
receipt and sufficiency of which is hereby acknowledged by Grantor,
the parties hereby agree as follows:
AGREEMENT
1. Grant of Easement. 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 (i) 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 ") , and (ii)
the drainage of storm water both above and below ground, into
the existing drainage ditch and storm sewer conduit located
within 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. Cost of Installation, Maintenance and Repair. 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 Grantee's
storm sewer line located within the Easement Parcel, except to
the extent any such work is required due to the grossly
negligent actions or omissions of Grantor, its agents,
employees or consultants.
3. Additional Obligations of Grantee. Grantee agrees to repair,
replace and restore any damage or disturbance of existing.,)
landscaping, curbing, signs, utility lines or other property''
or improvements on the Burdened Parcel caused by Grantee, its
employees, agents or contractors during any installation,
maintenance, repair, replacement, or removal of the storm
sewer lines, to substantially the same condition as existed
immediately prior to such work. Grantee also agrees to
backfill its excavations of the Burdened Parcel in connection
with such work. All work performed by or through Grantee on
the Burdened Parcel shall be performed expeditiously and in a
first class manner. During any such work, Grantee shall keep
the area surrounding the Easement Parcel free from
construction debris and waste. Grantee shall be responsible
at its sole expense for obtaining all governmental permits and
approvals necessary to construct the storm sewer improvements
on the Burdened Parcel. Grantee shall keep and maintain
commercial general liability insurance in commercially
reasonable amounts at all times during performance of any work
on the Burdened Parcel, and shall, prior to commencing the
initial installation work, and thereafter upon request of
Grantor, provide evidence of such insurance to Grantor.
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4. Nature of Easement. 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, subject to
the obligations of Grantee set forth herein, 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. Indemnification and Hold Harmless. Grantee, for itself, its
successors, devisees, and assigns, hereby indemnifies and
agrees to hold harmless Grantor, and any mortgagees of the
Burdened Parcel subordinating their lien rights to this
Agreement, from and against any and all damages, liability,
fees (including reasonable attorneys' fees), penalties and
claims, including those for personal injury, wrongful death,
or property damage, incurred by Grantor relative to the
Burdened Parcel to the extent arising out of the negligent
actions or omissions of Grantee, its agents, employees or
contractors.
6. Self -Help Remedies. If Grantee shall default with respect to
any of its obligations set forth herein (including but not
limited to its maintenance obligations) and shall fail within
ten (10) days after receipt of written notice from Grantor to
cure such default, then Grantor shall have the right, at its
election, but not the obligation, and in addition to such
other rights and remedies as may be available at law or in
equity, to cure such default for the account of the Grantee
and recover from Grantee the reasonable cost and expenses so
incurred (including reasonable attorneys' fees and court
costs) upon written demand for payment from the Grantee,
together with reasonable documentation substantiating said
costs and expenses. The ten (10) day cure period shall be
extended in cases where due to the nature of the default, the
default cannot be cured within ten (10) days but can be cured
during a longer time, so long as Grantee commenced cure within
the initial ten (10) day period and is diligently pursuing
such cure. In the event of an emergency, no prior notice
shall be required to be given by Grantor prior to exercising
its remedies hereunder so long as Grantor provides written
notice of such emergency to Grantee promptly upon completion
of cure.
6. Arbitration. All disputes concerning this Agreement shall be
resolved by binding arbitration under the Rules of the
American Arbitration Association. In any such action or
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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.
7. .Miscellaneous. 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 the heirs, administrators, legal
representatives, devisess, successors and assigns of Grantor
and Grantee. The captions preceding the text of each article
and section hereof are included only for convenience of
reference and shall be disregarded in the constrt:ction and
interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement .
to be executed the day and year first above written.
GRANTEE
CSM LODGING, L.L.C.
By: CSM PROPERTIES.M.
Its: MANAGER
By:
GL 7 .2n
Its Via M s/nza
TUKWIL STATION, L.L.C.
By: .- /
Its: tri/hvalal Kehya
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GRANTOR
KOAR-SEATAC PARTNERS, L.P.
By: KOAR - SEATAC INVESTMENT
PARTNERSHIP, L.P., a
California limited
partnership,
Its: General Partner
By: KANEKOKOAR - SEATAC,
INC., a California
corporation
Ito: Partner
By:
Its: UIGG T ,stied'
STATE OF MINNESOTA )
)as.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this 2 /
day of Ay V , 1998, by MW C/tec.44/Z ,
the Weir'. ftee546 .t/T of CSM PROPERTIES, INC., a
Minnesota corporation, the Manager of CSM Lodging, L.L.C., a
Delaware limited liability company, on behalf of the corporation.
r
(ir,% 7 •4) CA RO LY N McCUNE
NOTARY PUBLIC - MINNESOTA
My Comm. Expires Jan. 31, 2000 Notary P lic
• e
STATE OF WAS I. ev ley, )
)ss.
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COUNTY OF 4•x. )
STATE OF 019.
COUNTY OF LOS
THIS INSTRUMENT WAS DRAFTED BY
David J. Yung
Attorney at Law
2575 University Avenue West
Suite 150
St. Paul, MN 55114
(612) 646 -1717
5
1998, by 4/4 /I 2cG/r- / ‹S' the
of Tukwila Station, L.L.C., a Washington limited
The foregoing instrument was ackowledged before me this
day of n4 ,q•. f
ti "tv 4$, vs ) e n1 b
liability company, on e, ull com any.
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NOTARY t 1
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The foregoing instrument was acknowledged before n)e, t its
day of 1998, by k g all
Not y Publ'ic
gag')
of KANEKOKOAR - SEATAC,
INC., a California corporation, the general partner of KOAR-SEATAC
INVESTMENT PARTERNSHIP, L.P., a California limited partnership, the
general partner of KOAR - SEATAC PARTNERS, L.P., a California limited
partnership, on behalf of the corporati
BETH A. MES
Commission N 1113189
Notary Pubic — CaTttorNa
Las Anpetea County
My Comm. Expires Oct 18, 2003
k: \tome \miscdata \djywp \tukesm.Rs 4/27/98
LEGAL DESCRIPTION OF BURDENED PARCEL
That portion of Henry Meader Donation Claim No. 46 in the Southeast
Quarter of the Southwest Quarter of Section 24, Township 23 North,
Range 4 East, W.M., in King County, Washington, described as
follows:
Commencing on the 2M line survey of Primary State Highway No. 1
Green River Interchange at Highway Engineer's Station 2 -M 149 +25.97
P.O.T. "Y" 0 +00; thence North 87 degrees 07 minutes 32 seconds East
along said "Y" line 418.74 feet to an intersection with the
Westerly margin of the Puget Sound Electric Railway right of way;
Thence Southerly along said Westerly right•of way margin to a point
20. feet South of measured •at right angles to the Easterly •
production of the above described "Y" line;
Thence North 87 degrees 08 minutes 04 seconds East 100.00 feet to
the Easterly margin of said Puget Sound Electric Railway right of
•way and the true point of beginning;
Thence continuing North 87 degrees 08 minutes 04 seconds East
124.74 feet to the Westerly margin of the Chicago, Milwaukee, St.
Paul Railroad right of way;
Thence South 03 degrees 40 minutes 04 seconds West along said
Westerly right of way margin 327.11 feet;
Thence South 87 degrees 08 minutes 04 seconds West 95.59 feet to
the Easterly margin of said Puget Sound Electric Railway right of
way;
Thence North 01 degrees 26 minutes 34 seconds West along said
Easterly right of way margin 325.10 feet to the true point of
beginning.
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EMBIBIT B
LEGAL DESCRIPTION OF CSM PARCEL
That portion of the Donation Land Claim of the Heirs at Law of
Henry Meader, Deceased, Designated, as Claim No. 46, being 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. 88-44LA'.
recorded under Recording No. 8809301116);
Situate in the City of Tukwila, County of King, State of
Washington.
. .
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EXHIBIT C
LEGAL DESCRIPTION OF TS PARCEL
•
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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 Weat 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;
Except that portion lying South of a line parallel with and
distance of 5 feet North, measured at right angles from the
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 Weat 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)
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EXHIBIT E
LEGAL DESCRIPTION OF EASEMENT PARCEL
A utility easement under and across the following described
property:
The Easterly 15.00 feet of the South 100.00 feet and the East 10.00
feet less the South 100.00 feet of the following described
property:
That portion of Henry Meader Donation Claim No. 46 in the Southeast
Quarter of the Southwest Quarter of Section 24, Township 23 North,
Range 4 East, W.M., in King County, Washington, described as
follows:
Commencing on the 2M line survey of Primary State Highway No. 1
Green River Interchange at Highway Engineer's Station 2 -M 149 +25.97
t P.O.T. "Y" 0 +00; thence North 87 degrees 07 minutes 32 seconds East
O along said "Y" line 418.74 feet to an intersection with the
00 Westerly margin of the Puget Sound Electric Railway right of way;
Tr
Thence Southerly along said Westerly right of way margin to a point
LD 20 feet South of measured at right angles to the Easterly
p production of the above described "Y" line;
GD
0) Thence North 87 degrees 08 minutes 04 seconds East 100.00 feet to
the Easterly margin of said Puget Sound Electric Railway right of
way and the true point of- beginning;
Thence continuing North 87 degrees 08 minutes 04 seconds East
124.74 feet to the Westerly margin of the Chicago, Milwaukee, St.
Paul Railroad right of way;
Thence South 03 degrees 40 minutes 04 seconds West along said
Westerly right of way margin 327.11 feet;
Thence South 87 degrees 08 minutes 04 seconds West 95.59 feet to
the Easterly margin of said Puget Sound Electric Railway right of
way;
Thence North 01 degrees 26 minutes 34 seconds West along said
Easterly right of way margin 325.10 feet to the true point of
beginning.
imbue) Buttes property Tax Lot 31