HomeMy WebLinkAbout1975 - Easement Exchange Agreement - Port of Seattle / Kat Realty Corporation - 7512180292
EASEMENT EXCHANGE AGREEMENT
This Easement Exchange Agreement is made as of October 1
, 1975 by and between the PORT OF SEATTLE, a War.bington
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e4 municipal corporation, hereinafter called "the Port," and KAT
REALTY CORD., a Wisconsin corporation, hereinafter called "KAT,"
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U1 provides for the release by KAT of easement rights in connection
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with certain realty owned by the Port in exchange for the grant
by the Port of certain other easement rights of ingress and egress
in connection with other realty owned by the Port.
RECITALS
A. By Special Warranty Deed signed November 15, 1973 and
recorded November 20, 1973 under King County Receiving No.
7311200272, Monsanto Fund, a Missouri not - for - profit corporation,
conveyed to Dallas & Mavis Forwarding Co., Inc., an Indiana
corporation ("Dallas & Mavis "), three parcels of real property in
King County described under the designations Parcels I A, IIB, and
IIC', together with certain easement rights for ingress and egress
to said Parcels over an adjacent parcel described under the designa-
tion Parcel III and other rights pertaining to said Parcel III all as
provided in Exhibit B to said Dc.l and paragraphs 17 -21 (quoted in
said Exhibit) from an Agreement m.lr as of November 7, 1973 between
Monsanto Fund, Dallas & Mavis, and the Port. Said Agreement was
recorded in its entirety December 17, 1973 under Receiving No.
7312170452.
B. . By Statutory Warranty Deed signed November 1, 1974
and reforded December 3, 174 under King County Receiving No.
7412030521, Dallas & Mavis conveyed its fee title to Parcels
IIA, II8 and IIC, and its rights in connection with Parcel
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III, to Dallas & Mavis, Inc., an Indiana corporation.
C. By Statutory Warranty Deed signed November 1, 1974 and
recorded December 3, 1.974 under King County Receiving No. 7412030522,
ON Dallas 6 Mavis, Inc. conveyed its fee title to Parcels ILA, IIB
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aD and IIC, and its rights in connection with Parcel III, to KAT
N Realty Corp., a Wisconsin corporation.
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D. The Port purchased from Monsanto Fund fee title to
Parcel III subject to the foregoing rights of Dallas & Mavis and
its successors and by Deed from KAT contemporaneous with this
Agreement, the Part is acquiring Parcels ILA and IIC. In connection
with its remaining ownership of Parcel IIB, KAT is willing to
surrender its foregoing easement rights in connection with Parcel
III arising under said DePd recorded under King County Receiving
No. 7311200272 in exchange for the grant by the Port of easement
rights of ingress and egress in connection with Parcel IIB over
other realty owned by the Port.
E. A sewer connection has been made from Parcel IIB to the
sewer located in Parcel III, and the parties wish to confirm their
rights and obligations with respect to such sewer.
Now therefore, in consideration of their mutual promises and
conveyances, the Port and KAT hereby agree as follows:
1. KAT hereby quitclaims to the Port all its right, title
and interest in Parcel III as legally described on Exhibit A hereto,
including without limitation all easement rights now held by KAT
which originated under Deed recorded under King County Receiving
No. 7311200272 and Agreement recorded under King County Receiving
No. 7312170452, and any after - acquired title, but excluding the
rights granted to KAT pursuant to paragraph 3 h•:reof.
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2. The Port hereby grants t., KAT and its lessees, licensees,
successors and assigns, as owner of Parcel IIB as legally described
on Exhibit A hereto, as an easement appurtenant to said Parcel IIB,
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n perpetual easement for ingress and egress between East Marginal Nay
c \J j South in the City of Seattle and said Parcel IIB over Parcel IV
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N owned by the Port and legally described on Exhibit A hereto, with
.` or without vehicles of any description and for all purposes connected
with the use and enjoyment of said Parcel IIB. The Port hereby
assumes all maintenance obligations of Dallas & Mavis and KAT which
originated under the aforementioned recorded deed and recorded
agreement with respect to said Parcel III and the easement areas
thereon, and shall indemnify Dallas & Mavis and KAT against any
claim or liability with respect thereto. The easement right granted
herein shall be non - exclusive and shall not authorize vehicles and
equipment to be left standing on the south portion
61 feet wide running parallel to the south boundary) of Parcel IV
as the Port and third parties will be using this portion of Parcel IV
also for transportation purposes, provided, however, that such right
shall authorize vehicles and equipment to be left standing on the
remaining portion of Parcel IV not herein specifically described.
The Port does hereby agree to forever maintain and keep in good
repair a paved roadway to be constructed by the Port on said Parcel
IV for purposes of the easement for egress and ingress herein granted.
1. The Port hereby grants to KAT and its lessees, licensees,
successors and assigns the right to connect a sewer from Parcel IIB
to the sewer located in Parcel III, and the Port shall forever
maintain and keep in good repair such sewer as an outlet for drainage
of surface water from Parcel IIB.
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4. The burden and benefit of this Agreement are intended
to attach and run with the said premises of the Port and IUT,
respectively, and it is agreed that the easemer.'l granted herein
N shall be covenants running with the land.
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EN WITNESS WHEREOF, the parties have signed this Easement
Exchange Agreement as of the date first stated above.
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[CORPORATE SEAL)
Attes,
By
sa stant •e retary
I
PORT OF SEATTLE
By
PRESIDENT
RECORDED ��
: - S: ..
05 DEC Ni 8 30
C- RECTOR
RECORDS G CCU NT Y . W SS.
410 . ( 4
e 9z.
STATE OF WASHINGTON ) SS
COUNTY OF KING
On thisP,.✓aday o f G fw. 1975, before me, the
undersigned notary public in Ind for the State of Washington, duly
commissioned and avo rsonally appeared WM IL ADLUM
cv and HENRY T. , to me known to he the President
o■ and Secretary, respectively, of the Port Commission of the PORT OF
C SEATTLE, a municipal corporation, the corporation that executed the
foregoing instrument, and acknowledged said instrument to be the free
ry and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they were duly
ti authorized to execute the same and that the seal affixed is the
corporate seal of said corporation.
WITNESS my hand and official seal hereto the day and year
in this certificate first above written.
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STATE OF ILLINOIS ) SS
COUNTY OF COOK )
NOtii. • .a• . %A _ T•_E .VSC:• =••_E CO
719 SCCVNO A.E. ' SEAT:u_
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Notary Public in and fo
of Washington, residing at
it �om1os mar« its. Its HMI
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On this lot day of October, 1975, before me, the undersigned
--- public in and for the State of Illinois, duly commissioned
and sworn, personally appeared Fredric P. Dunne and Laurance P.
Nathan, to me known to be the Vice President and Assistant Secre-
tary, respectively, of KAT REALTY CORP., the corporation that
executed the foregoing instrument, and acknowledged said instrument
to. be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that
they were duly authorized to execute the same and that the seal -
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto the day and year
in this certificate first above written. 1.. •••
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ary Pv',li•
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EK_I.' A TO EAS6.MENT EXCHANGE. AGREEME
BETb1EL. FORT OF SEATTLE AND KAT REALTY C.
Praface to legal description of Parcel I78 and Parcel III
A portion of Francis 11c Matt Donation Claim Mo. 38; a portion of the
abandoned bed of the Dwanish Rivet lying westerly of the westerly margin
of East Marginal Way South, and between said Donation Clain and the Plat
of lloore'n five acre tracts; and a portion of Tract 68 of said plat as
recorded in Volume 9 of Plats, Page 28, all In Section 33, Township 24
North, Range 4 East, W.lt., in King County, Washington, described more
particularly as follows:
rarc.rl IIB Legal Description
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Beginning on the westerly margin of East Marginal Way South at a point
which bears N 89 - 15' - 54" W a distance of 2470.01 feet along the
donation claim line and S 23 - 40' - 59" E a .iist3nce of 1374. 17 feet
CV along the westerly margin of East Marginal Way South from the inter-
section of the line between the Donation Claims of Francis McNatt and
� - Henry Van Asselt with the east line of Section 33. Township 24 North.
Range 4 East. W. M. , in King County. Washington. s :aid point being at
the intersection of the westerly margin of East Marginal Way South with
the north line of Van de Vanter stock farm tract; thence S 23 - 39' - 54" F
along the westerly margin of East Marginal Way South a distance of 2K). l'7'
feet to the true point of beginning; thence continuing S 23 - 39' - 54" E
along said westerly margin a distance of 81. 186 feet to the product'
northeasterly of the southeasterly line of Tract 67 of said Plat of Mour•e's
five acre tracts; thence S 62 - 01' - 41" W along said southeasterly line
and production thereof, a distance of 570.09 feet; tlwnce N 27° - 55' - 56" W
a distance of 483.63 feet; thence N 62 - 01' - 41" W a distance of 129.448 feet
to a point of curvature: thence northeasterly to southeasterly along the arc
of _ curve to try- right, with a radius of 448.78 feet and central angle of
84 - 06' - 12'. a distance of 658.755 feet to the true point of beginning.
Parcel III Legal Description
Beginning on the vesttrly margin of East Marginal Way South at a point
which bears N 89 - 15' - 54" W a distance of 2470.01 feet along the
Donation Claim Line and S 23 - 40' 59" E a distance of 1374.17 feet
along the westerly virgin of East Marginal Way South from the intersection
of the line between the Donation Claims of Francis Mc Watt and
Henry Van Asselt with the east line of Section 33, Township 24 North,
Range 4 East, W.M., in King County, Washington, said point being at the
intersection of the westerly margin of East :targinal t•'ay Sc'ut1t wlth.tlte
nora line of Van De Vanter stock fast tract and true point of beginning
of this description, thence S 23 - 39' - 54" : along the westerly t-:argin
of East Marginal Way South a distance of 67.935 it-et; thence N PGA - 54' -
59" W a distance of 176 655 feet to a point on a curve; thence east'rly to
southeasterly along the arc of a curve to the right, the initial radial
hearing of which bears S 13 - 31' - 12" W with a radius of :69.78 fist
and central angle of 32 - 53' - 53" a distance of 269.738 feet to a
polar on said westerly margin of East Marginal Way South; thcncc S 21° -
39' - 54 ".E along said westerly margin, a distance of 80.53+ feet to a
point on a curve; thence northwesterly to south- csterly along the arc of
• curve to the left, the initial radial bearing of which bears S 56 -
07' - 53" W with a radius of 448.78 feet and central angle of 84° -
06' - 12" a dist.:nce of 658.755 feet to a point of tangency; thcncc S
62 -•0l' - 41" W a eistance of 129.448 feet; thence N 27 - 55' - 56" W
• distance of 50.00 feet; thence N 62° - 01' - 41" E :t distance of 213.016
feet to a point of curvature; thence northeasterly alorr the arc of a
curve to the right, with a radius of 359.94 feet and central angle of
31° - 03'.- 20" a distance of 195.097 feet to a point of tancer;cy; thrnr_
S 86' - 54' - 59" E a distan ^c of 216.243 feet to the northwest corn.:
of tha! certain tract of land heretofore d,-•:d -d to Van Ue Vanier
stock fare by deed recorded in Valor. 784 of L.•e,I : ;, Page 571. Records or
► :1nr, County, thence S 89 . 27' - SO" L' along th.• nJtt!. line ua :.aid
Van he ':inter r•rr. _ a di• ::,. . of 14.' ;4 feet to the Lrue t•nit•.t
of ne; :in ;.in1;. ---
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EXHIBIT A TO EASEMENT EXCHANGE AGREEMENT
BETWEEN PORT OF SEATTLE ANP KAT REALTY CORP. (page 2)
Parcel IV Legal Description
AN EASEMENT FROM THE PORT OF SEATTLE TO XAT REfl.TY CORP FOR
INGRESS AND EGRESS OVER AND ACROSS A PORTION OF TRACT 66,
FLAT OF HOORE's FIVE ACRE TRACTS, RECORDED IN VOLUME 9 OF
c PLATS, PAGE 28, KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
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BEGINNING AT THE MOST NORTHERLY CORNER OF SAID TRACT 66, SAID
N MOST NORTHERLY CORNER BEING DESCRIBED AS THE INTERSECTION OF
Zr) THE NORTHWESTERLY LINE OF SAID TRACT 66 AND THE SOUTHWESTERLY
r ` MARGIN OF EAST MARGINAL WAY SOUTH; PROCEED S 62'- 01' -41" W
ALONG THE NORTHWESTERLY LINE OF SAID TRACT A DISTANCE OF 121.00
FEET TO THE TRUE POINT OF BEGINNING; THENCE S 27'- 58' -19 "E A
DISTANCE OF 62.00 FEET TO A POINT OF CURVATURE; THENCE SOUTH -
EASTERLY TO NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 90'- 00'O0 ",
AN ARC DISTANCE OF 62.83 FEET TO A POINT OF TANGENCY; THENCE
N 62'- O1' -41 "E A DISTANCE OF 73.32 FEET TO THE SOUTHWESTERLY
MARGIN OF EAST MARGINAL WAY SOUTH; THENCE S 23'- 39' -54 "E ALONG
SAID SOUTHWESTERLY MARGIN A DISTANCE OF 61.17 FEET TO THE HOST
EASTERLY CORNER OF SAID TRACT 66; THENCE S 62'- O1' -41 "W ALONG
THE SOUTHEASTERLY LINE OF SAID TRACT 66 A DISTANCE OF 138.72
FEET; THENCE N 27x'- 58 "11 A DISTANCE OF 163.00 FEET TO THE
NORTHWESTERLY LINE OF SAID TRACT 66; THENCE N 62'- 01' -41 "E
ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 30.00 FEET TO THE
TRUE POINT OF BEGINNING.
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