HomeMy WebLinkAbout1998 - Easements for Storm Sewr, Gas, Electricity and Telecommunications etc - Central Puget sound Regional Transit Authority / McLeod Stuart - 98110519599811051959
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AVI lr;l kac)KIan j M, TO:
Nnmc_-.. DAVIS_WRIGHT- TREMAINE. LLP.. .. _..-- -.-• . 2600 CENTURY SQUARE, 1504 FOURTH AVE
Address
city /S";r, SEATTLE, WA 98101 -1688
I)(1ctinenl 'fillets): for uanvacliom couurincd Ihrrcinl
1. EASEMENT'S FOR STORM SEWER, GAS,
2. ELECTRICITY AND TELECOMMUNICATIONS
3. UTILITIES AND FOR WATFR SUPPLY AND
4. SANITARY SEWER UI'1.LITTCS
Reference Numbcrls1 ul' Documents assigned or released:
❑ Additional nunllx rs on page __.._.._ of document
Grantor-0;1: ti As' nnmr lira. Then mi.' mime: id initi:dsl
First American Title
Insurance Company
o . 2-D11 a. a--
1ST AM -S
I flu, aprur /,, •• riff (.n pnnr rr■r War)
CF TTRAI• PAGE. SOUND RPOTONAI. TRANSIT AUTHORITY
4.
5. ❑ Additional names on page .- - -- of document
l ir:illtects): (1.aa1 n:nnr IiisI. then Is Hal a and mitiahl
I. MCLEOD, s'I'UNYr M.
2. MCI.EOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION
.1.
4.
5. ❑ : \ddiliunal mules nn Ih-•I C _ of document
Abbreviated Legal Description as fnlloos: Ii r•. ha /hb,r 1, /I I:n r.r, Iron /n,,. mhih /ranee /yrratl (.r/•pranfrl
SECTION 24 TCWNSiIIP 23N RANGE 4E SE QUARTER SW QUARTER,
SECTION 25 TOWNSHIP 23N RANGE 4E NE QUARTEII NW QUARTER AND
SECTION 25. 'TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER.
(Jd (',fnytlete legal description is oil page tr)- -t te tit. document
Assessor's Property Tax Parcel / Account Numberls):
000580- 0013 -03 AND 252304 - 9006 -05
NI Ill•:: Ow mn 1,,. , r, 1 fell r fl,' nn rhr nfr•r ur.nnrrr r n rHr /r o nr. 11,.• nr /f a i/1 nnl rr rJ rhr dnrurnrnl In rrri/i- the
.rrrurrrr r rn rr•nn•Irhvrr., .if the filar, inC tale unrrrrr.rn pr■nrided lrrrrin.
F1E l•.'iWED
r•g co F;,cords U'i• cion
eputy
9811051959
2
RECORDING REQUESTED BY AND
RETURN ADDRESS:
James A. Greenfield
Davis Wright Trcmainc LLP
2600 Ccntury Squarc
1504 Fourth Avenuc
Seattle, WA 98101 -1688
EASEMENTS FOR STORM SEWER, GAS, ELECTRICITY AND
TELECOMMUNICATIONS UTILITIES AND FOR WATER SUPPLY
AND SANITARY SEWER UTILITIES
GRANTOR: CEN'IRAL PUGET SOUND REGIONAL TRANSIT AUTI IORI'IY
GRANTEES: STUART M. MCLEOD
MCLEOD DEVELOPMENT COMPANY
ARRREVIA I I I) 1.EGAI. DESCRIPTION: (See Page for lull legal description)
ASSESSORS TAX PARCEL NO.:
EASEMENTS FOR STORM SEWER, GAS, ELECTRICITY AND
TELECOMMUNICATIONS UTILITIES AND FOR WATER SUPPLY AND
SANITARY SEWER UTILITIES
These Easements for storm sewer, gas. electricity and telecommunications
utilities and for water supply and sanitary sewer utilities (the "Easements" or indivi-
dually, the "Easement ") arc granted this 3a day of November. 1998. by CENTRAL
PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority
( "Grantor ") in favor of STUART M. MCLEOD, an unmarried individual and MCLEOD
DEVELOPMENT COMPANY, a Washington corporation (collectively, "Grantee ") with
reference to the following facts:
RECITALS:
A. Grantor is the owner of certain real property located in the city of Tukwila,
King County, Washington legally described and depicted in Exhibit A attached hereto
and by this reference incorporated herein (the "Transit Center Property "). Grantor is a
regional transit authority, authorized by Chapter 81.104 and 81.112 RCW and a vote of
the.people to implement a high capacity transportation system. Grantor intends to con-
struct a commuter rail station. parking facilities, and related transit center improvements
on the Transit Center Property and intends to construct other transit - related improve-
ments throughout the Puget Sound region.
0) B. Grantee is the owner of the property located in the city of Tukwila. King
0') County, Washington legally described and depicted in Exhibit B attached hereto ( "Lot 4 ",
rl "Lot I" and "McLeod's Northern Fee Property ". collectively, "McLeod's Property ").
L/,
0 C. The parties heretofore have entered into a Real Estate Purchase and Sale
ti Agreement. dated November, 1998 in Sections 7.2. 7.3 and 7.4 of which. Grantor
al agreed to convey certain casements (the "Easements ") for installation and maintenance of
utilities for the benefit of Lot 4 or for the benefit oI' Lot 1 and McLeod•s Northern fee
Property. Grantee and Grantor desire to set forth herein their agreement with respect to
the Easements and the terms an.t conditions for the use and enjoyment thereof.
NOW. TIIERF.FORE, for valuable consideration. the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
I. Rcci(als lncurpor_tcd. F.ach recital set forth above is incorporated into
these Easements as though fully set forth herein.
2. Grant of Storm Sewer, Gas, Electricity and Telecommunications Easement
Benefiting Lot 4. Grantor does hereby make. declare. sell. transfer, convey, warrant and
establish a 1 5-foot wide perpetual non- exclusive easement through. under and over the
Transit Center Property, along the eastern edge of such property for the benefit of Lot 4
in the Easement Area described on Exhibit C attached hereto and for the benefit of
9811051959
Grantee and Grantee's agents. officers, employees, tenants and invitees for the purpose of
construction, maintenance, and use of facilities and related improvements at all times.
3. Grant of Water Supply and Sanitary Sewer Easement Benefiting Lot 4.
Grantor does hereby make, declare, sell, transfer, convey, warrant and establish a 20 -foot
wide perpetual non - exclusive easement through, under and over the Transit Center
Property, along the western edge of such property in the Easement Area described on
Exhibit D attached hereto for the benefit ofl.ot 4 and for the benefit of Grantee and
Grantee's agents, officers. employees, tenants and invitees for the purpose of construc-
tion, maintenance, and use of facilities and related improvements at all times.
4. Grant of Sanitary Sewer Easement Benefiting Lot 1 and McLeod's
Northern Fee Property. Grantor does hereby make, declare, sell, transfer, convey, warrant
and establish an easement 10 feet in width upon a portion of Lot 2 in the Easement Area
described on Exhibit E attached hereto for sanitary sewer purposes benefiting Lot I and
McLeod's Northern Fee Property and for the benefit of Grantee and Grantee's agents,
officers, employees, tenants and invitees for the purpose of constnrction, maintenance,
and use of facilities and related improvements at all times, including the non - exclusive
right to use the existing sanitary sewer facilities located therein. Grantor shall construct,
at Grantor's expense, an extension and expansion of such facilities to a 6 -inch pressure
sanitary sewer line upon a portion of Lot 2 and Lot I extending to twenty -five feet north
of Lot 2 to serve and with capacity to accommodate Grantee's development of Lot I and
McLeod's Northern Fee Property. Grantor and its successors may also use such sanitary
sewer line. Grantor shall have the right to enter upon Lot I for the purpose of performing
its obligations hereunder.
5. Maintenance Grantor and Grantee agree to maintain such portions of such
jointly used Water. storm sewer and sanitary facilities described in these Easements as arc
located on their respective property at their own expense. Grantor and Grantee also agree
to maintain such other utility facilities described in these Easement not used by the other
party at their own expense. The parties also agree to cooperate with each other in the
provision of such maintenance activities. including but not limited to. restoring the
condition of the other party's property following utility maintenance. and indemnifying
and holding harmless the other party from any and all claims. losses. and damages to the
extent arising from the indemnifying party's maintenance activities upon the other party's
property.
6. Binding Effect. The covenants and agreements set forth in these Ease-
ments shall he covenants running with the laird. Stich covenants shall he binding upon,
and inure for the benefit of the parties hereto and their respective successors and assigns.
The Easements 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.
6. Recording. These Easements shall he recorded in the real property records
of King County, Washington.
9811051959
7. Costs and Attorneys' Fees. 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 these Easements, 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 attorney's fees (including paralegal fees
and fees for any appeals) and court costs.
8. Notices. Any and all notices or other communications required to per-
mitted by these Easements or by law to be delivered to. served on or given to eithcr party
to these Easements by the other party to these Easements. shall be in writing and shall he
deemed properly delivered, given or served when personally delivered to such party, 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:
If to Grantee :
With a copy to:
If to Grantor :
With a copy to:
Stuart M. McLeod
McLcod Development Company
213 Lake Street South
Kirkland, Washington 98033
James A. Greenfield
Davis Wright Tremaine
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101 -1688
Central Puget Sound Regional Transit Authority
1 100 Second Avenue, Suite 500
Seattle, Washington 98101
Attn: Jeri Cranney, Division Manager. Real Estate
Facsimile No. (206) 689 -3526
Central Puget Sound Regional Transit Authority
1 100 Second Avenue, Suite 500
Seattle, Washington 98101
Attn: Legal Counsel
Facsimile No. (206) 694 -1940
All notices so telecopied shall he deemed delivered upon transmission thereof and all
notices so mailed shall he deemed received on the date which is 24 hours after delivery to
the overnight 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 or cannot
he accomplished, 48 hours after deposit in the United States mails. Either party may
•
9911051959
TO T:
FIRS! y MGI1nAt11
NOV 51998
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.
9. Amendment. These Easements 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 these Easements.
10. Waiver. No waiver or any of the provisions of these Easements shall be
effective unless it is in writing, signed by the party against whom it is asserted and any
such written waiver shall only be applicable to the specific instances to which it relates
and shall not he deemed to he a continuing or future waiver.
1 1 . Captions. The captions and paragraph headings contained in these Ease-
ments are for convenience and reference only and in no way define, describe, extend or
limit the scope or intent of these Easements, nor the intent of any provision hereof.
12. Governing Law. These Easements shall he governed by and construed in
accordance with the laws of the State of Washington.
13. Miscellaneous.
A. The Easements granted (hereby are solely for the benefit of, and are
intended to constitute casements appurtenant to the henefited property and are not
assignable by the owner of such property to any other person except in connection with
the sale, transfer. conveyance, encumbrance or assignment of the henefited property. The
Easements granted hereby, and the rights, dirties, restrictions. limitations and obligations
herein created. shall run with the land, shall burden the encumbered property and shall
benefit the henefited property and shall be binding upon and inure to the benefit of the
patties hereto and their respective successors. assigns. mortgagees and sublessees and
each and every person who shall at any time have a fee. leasehold. mortgage or other
interest in any part of the'I'ransit Center Property or McLeod's Property.
R. As used herein. the term "Grantee- shall refer to Grantee and its
successors and assigns and the term "Grantor" shall refer to Grantor and its successors
and assigns.
9911051959
IN WITNESS WI IF.RFOF, these Easements arc executed by the parties, intended
to be legally bound, as of the date first written above.
GRANTEE:
GRANTOR
STUART MCLEOD
MCLEOD DEVELOPMENT CO ` ANY
By
Name: STUART M.
Title: .e s/..o 7'
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
By
Name: ROBERT K. WHITE
Title: Executive Director
Approved as to Form:
STATE OF WASHINGTON
) ss.
COUNTY OF KING] ►
On this day of November, I998, before Inc. a Notary Puhlic in and for the State of
Washington. personally appeared STUART M. MCLEOD, personally known to me (or proved to me on the
basis of satisfactory evidence) to hc the person who executed this instrument and acknowlcdgcd it to hc his
frcc and voluntary act and dccd for thc uses and purposes mentioned in thc instrument.
IN WITNESS WHEREOF. I have hereunto sego' hand and official scat the day and year first
ahovc written.
STATE OF WASHINGTON
) ss.
COUNTY OF KING )
�On ts personally of Novcn ph-, 1998, hcforq inc.;i� teary Puhlic in and for the State of P •
Washington. cared JTl1 a f �� 1J Le / personally known to me (or roved
to me 0 the basis of satisfactory evidence) to he the person who executed this instrument. on oath stated
thatt as authogtzed to ccutc the instrument, and acknowledged it as the
P Si c /0-) 7 of MCI.POD DEVELOPMENT COMPANY to he the free and
voluntary act and decd of said corporation for the uses and purposes mentioned in the instrument.
(9 J) (h ()
NOTARY PUBLIC in and for the State
Washington, residing at
My appointmc exxpi)r s
Print Name
IN WITNESS WIIFRFOF. I have hereunto set t hand and official seal the day and year first
above written.
NOTARY PUBLIC in and r the S�ztg gf
Washington, residing at
My appointtnent -oxpir .
Print Name \)CX J7,-(71 ' c
9911051959
STATE OF WASHINGTON
) ss.
COUNTY OF KING
On this dice day of November. 1998, before mc. a Notary Public in and for thc State of
Washington, personally appeared Robert K. White, personally known to me (or pmvcd to me on the basis
of satisfactory evidence) to he the person who executed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the Executive Director of CENTRAL
PUGET SOUND REGIONAL. TRANSIT AUTHORITY to be thc fret and voluntary act and decd of said
corporation for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF. 1 have hereunto set my hand and official seal thc day and year first
above written.
p %
4,1 a. p
Plie0 t.
•
NOTAR UI3LIC in and for t c State of
Washington. residing at
My appointment expires 5- AJ
Print Namc cRit ■ 72e.,,(-Saeialow/
9811051959
EXHIBIT A
TRANSIT CENTER PROPERTY
LOT 2
THAT PORTION OFTIIF, HENRY MEADF.R DONATION CLAIM NO. 46 AND OF
SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY. WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD
RIGHT -OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE
RIGFIT -OF -WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE
MONUMENTED CENTERLINE OF SO. 158TH STREET.
TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION
CLAIM NO. 46 DESCRIBED ABOVE. BEGINNING ON THE 2M LINE OF
PRIMARY STATE HIGHWAY NO. I GREEN RIVER INTERCHANGE AT
HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY
"Y" 0 +00:
THENCE NORTH 87 °07'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO
INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER &
LIGHT RIGHT -OF -WAY:
THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO
A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE
EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y ":
THENCE NORTH 87'08'04" EAST 100 FEET "1'O EASTERLY MARGIN OF PUGET
SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING:
THENCE CONTINUING NORTH 87 °08'04" EAST 124.74. FEET TO WESTERLY
MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY:
THENCE NORTH 03 °40'04" EAST ALONG THE WESTERLY RIGHT OF WAY
MARGIN TO THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY -OF TUKWILA
BOUNDARY LINE ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569:
THENCE SOUTH 87 °13'29" WEST 127.45 FEET:
THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING.
LOT 3
ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL THAT PORTION OF
HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE
NOR"I'IIWEST QUARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23
NORTH. RANGE 4 EAST, W.M.. BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET
EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO. MILWAUKEE
AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND
CONSTRUCTED:
9811051959
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET
WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN
RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW
LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION
CLAIM;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30
FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE
CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067;
EXCEPT TIIAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM
AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF
SAID DONATION CLAIM;
THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH
LINE A DISTANCE OF R0 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY
MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD RIGHT -OF -WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE
POINT OF BEGINNING.
9811051959
EXHIBIT B
MCLEOD PROPERTY
LOT 4
ALL THAT PORTION OF GOVERNMENT I.OT 11 AND THAT PORTION OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN
SECTION 25. TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., BOUNDED AS
FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT43 FEET
EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE
AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND
CONSTRUCTED:
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET
WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN
RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW
LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID
GOVERNMENT LOT II:
ON TIIE NOR'I'II BY A LINE DRAWN PARALLEL will AND DISTANT 150
FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY
MEADER DONATION CLAIM NO. 46
LOT I
TFIAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF
SECTION 24, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY.
WASHINGTON. LYING WEST OF TIIE BURLINGTON NORTHERN RAILROAD
RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY,
AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID
DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE
MONUMENTED CENTERI.INE OF SO. 158TH STREET.
MCLEOD'S NORTHERN FEE PROPERTY
LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS
RECORDED UNDER RECORDING NO. 9803129013. RECORDS OF
KING COUNTY, WASHINGTON.
9811051959
EXHIBIT C
EASEMENT AREA FOR STORM SEWER, GAS, ELECTRICITY AND
TELECOMMUNICATIONS EASEMENT IIENEFFrI'IN(: LOT 4
LOT 2
THE EAST 15 FEET OF THAT PORTION OF THE HENRY MEADER DONATION CLAIM
NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.,
IN KING COUNTY, WASIIIN( ;TON, LYING WEST OFTFIE BURLINGTON NORTHERN
RAILROAD RIGHT -OF -WAY. EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF-
WAY. NORTI1 OF TFIF. CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY. AND
SOUTH OF TI IE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE
OF SO. 158TF1 STREET.
LOT 3
THE. EAST 15 FEET OF ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL
THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF
OF THE NORTHWEST QUARTER ALL SITUATED IN SECTION 25, TOWNSHIP 23
NORTH, RANGE 4
FAST, W.M., BOUNDED AS FOLLOWS:
ON TIII? WEST BY A LINE DRAWN PARALLEL WITII AND DISTANT43 FEET
EASTERLY MEASURED AT RIGHT ANGLES T() THE CHICAGO. MILWAUKEE
AND S'1'. PA(ll. RAILWAY MAIN TRACT CENTERLINE. AS LOCATED AND
CONSTRtJC1'F:I);
ON TI IE EAST I3Y A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET
WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN
RAILROAD COMPANY:S OLI) MAIN LINE TRACK CENTERLINE. AS NOW
LOCATED AND CONSTRUCTED:
ON TFIF SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET
SOFITI II:RLY AT RIGHT ANGLES TO THE SOUTII LINE OF SAID DONATION
CLAIM
ON TI II: Nola!! BY Ti IE SOUTI I MARGIN OF TI IE CITY OF SEATTLE'S 30
FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO TFIF.
CITY OF SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067:
EXCEPT TIIA r PORTION THEREOF, DESCRIBED AS FOLLOWS:
BIi(iINNING AT A POINT ON THE SOUTH LINE. OF SAID DONATION CLAIM
ANI) 'I'I lI:I ?AST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD RIGHT -OF -WAY:
THENCE. EASTERLY A DISTANCE OF 120 FFF:f ALONG SAID SOUTH LINE OF
SAID DONATION CLAIM:
'THENCE NORTI!EASTERLY MF.ASI!RED AT RIGHT ANGLES TO SAID SOUTH
LINT; A DISTANCI: OF SO FEET:
TIIENCE WESTERLY PARALLEL WITH SAID SMITH LINE TO SAID EASTERLY
MARGIN OF SAID CHICAGO. MILWAUKEE. ST. PAUL AND PACIFIC
RAILROAD RIGHT -OF -WAY;
TIIFNCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE
POINT OF BEGINNING.
9811051959
EXHIBIT D
EASEMENT AREA FOR WATER SUPPLY AND SANI'T'ARY
SEWER EASEMENT BENEFITTING LOT 4
LOT 3
AN EASEMENT FOR WATER AND SEWER LINES AND APPURTENANCES
OVER, UNDER, ACROSS OR UPON THAT PORTION OF THE HEREIN
DESCRIBED
MAIN TRACT BEING A 20 FOOT WIDE STRIP OF LAND HAVING 10 FEET OF
SAID WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID MAIN TRACT;
TIIENCE S87" I3'32 "E ALONG TIIE NORTI I LINE TI IEREOF 10.00 FEET TO TI IE
POINT OF BEGINNING FOR SAID CENTERLINE; THENCE S03 °37'43 "W
PARALLEL TO AND 10 FEET EASTERLY OF THE WEST LINE OF SAID MAIN
TRACT, WHEN MEASURED AT RIGHT ANGLES, 192.37 FEET TO A POINT OF
CURVE TO THE LEFT; THENCE SOUTHERLY ALONG SAID CURVE TO THE
LEFT HAVING A RADIUS OF 6,827.00 FEET THROUGH A CENTRAL ANGLE OF
00°49'10", AN ARC LENGTH OF 97.65 FEET TO A LINE WHICH IS PARALLEL TO
AND 10 FEET NORTHERLY OF THE NORTH LINE OF THE NELSON
SUBSTATION AS EXCEPTED OUT OF SAID MAIN TRACT. WHEN MEASURED
AT RIGHT ANGLES; THENCE S87 °13'32 "E ALONG SAID PARALLEL LINE 120.54
FEET; THENCE S02 °46'28 "W ALONG THE PROLONGATION OF A LINE WHICH
IS PARALLEL TO AND 10 FEET EASTERLY OF THE EAST LINE OF SAID
NELSON SUBSTATION WHEN MEASURED AT RIGHT ANGLES. 240.00 FEET TO
THE SOUTH LINE OF SAID MAIN TRACT AND THE TERMINUS OF SAID
CENTERLINE.
MAIN TRACT LEGAL DESCRIPTION
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF
HENRY MEADER DONATION CLAIM NO: 46 IN TI 1E NORTFI HALF OF TIIE
NORTHWEST Q(TARTER ALL SITUATED IN SECTION 25. TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET
EASTERLY MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE
AND ST. PAUL RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND
CONSTR(JCTF.D: ON TFIE EAST BY A I.INF, DRAWN PARALLEL WITH ANT)
DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO
BURLINGTON NORTIIERN RAILROAD COMPANY'S OLD MAIN LINE TRACK
CENTERLINE AS NOW LOCATED AND CONSTRUCTED:
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION
CLAIM; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S
30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE
CITY OF SEAT 1'LE, BY DEED RECORDED UNDER RECORDING NO. 4131067;
EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM
AND THE EAST MARGIN OF TI IF, CHICAGO. MILWAUKEE. ST. PAUI. AND
PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF
120 FEET ALONG SAID SOUI'il LINE OF
SAID DONATION CLAIM;
TIIFNf NoRTI WASTER I.Y WASI [RFD AT R Ira IT A NGI Fs if) SAID Sr), I'f1I
LINE A 11IS'I'AN('1'. (11' MS() 1'I..I'.I ;
THEN( THENcE WESTERLY 1'ARAI.I.E.1. WI'I'II snip s( 11 I.INIYi() snip I!A`:II'.I!(.Y
MARGIN OE SAIL) CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC
RAILROAD RIGFIT -OF -WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE
POINT OF BEGINNING.
9811051959
EXHIBIT E
EASEMENT AREA FOR SANITARY SEWER EASEMENT BENEFITFINC
- LOT I AND MCLEOD'S NORTHERN FEE PROPERTY
LOT 2
THE EAST 10 FEET OF THE WEST 20 FEET OF THAT PORTION OF THE HENRY
MEADER DONATION CLAIM NO. 46 AND OF SECTIONS 24 AND 25, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING
WEST OF TI IE BURLINGTON NORTI IERN RAILROAD RIGIIT -OF -WAY, EAST
OF THE UNION PACIFIC RAILROAD RIGHT -
OF -WAY, NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OF-
WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE
MONUMENTED CENTERLINE OF SO. 158TH STREET.
9811051959