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Home My WebLink About1998 - Easement for Access, Roadways and Utilities - Central Puget Sound Regional Transit Authority / McLeod Stuart - 98110519609S11051960 • 0 • AFTER RECORDING MAIL TO: Name CENTRAL PIIGET SCUM REGIONAL TRANSIT AUTHORITY Address 1100 SECOND AVE. SUITE 500 Coy Maw —SYATJ 164 - -98101423--- -- ---- Document Tille(sl: for tran.action+r ntaine therein) 1. EASEMENT FOR ACCESS, ROADMAYS AND L UTILITIES 3. 4. Reference Number(s) of Documents assigned or released: ❑ Additional numbers on page _ of document (;rantor(s): (last name first. then first name and initials) 1. ICI, STUART M. 2. 4. 5. ❑ Additional names on page _ of document Fin, American Title Insurance Company 1ST AM -S (Shia rpm- for tint, nmpany rue only) (:ranteels): t tau name first, then first tame and initials) 1' CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY a. 5. ❑ Additional names on page of document `Abbreviated Legal Description as follows: (i.e. lotltrinck/plal of u:ctio /towtuhip/ranec/quarter /quarter) SMCTION 24 TKARISHIP 23N RANGE 4E SE QUARTER SW QUARTER, ° SECTION 24 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER AND g SELTICN 25 TOWNSHIP 23N RANGE 4E SE QIAR'PER NM QUARTER. Mi f7' Complete legal description is on page ` •k of document .ssessor's Property Tai Parcel / Account Number(s): g 000580- 0013 -03 M1 252304- 9006 -05 S I_NOTE: l hr audttulret order will rely on the information on the farm The staff will n•4 read the document to verify the an I tom v or r omplrft nr. r1 the utrlrting Information praytded herein. T. EXCISE TAX NOT REQUIRED g Co. Reglyds DbdBion • 25XI 0 A • o • RECORDING REQIIISIEDEYAND RtRURN ROOMS: Jennifer Belk Canal Puget Sound Regional Transit Authority 1100 Second Ave., Suite 500 Seattle. WA 93101-3423 EASEMENT FOR ACCESS, ROADWAYS, AND UTILITIES (STRANDER BOULEVARD) GRANTOR: STUART M. MCLEOD GRANTEE: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ABBREVIATED LEGAL DPSCRIPPON: (See Page _ for full legal daaiption) ASSESSORS TAX PARCEL NO.: • ^e spiv° 0 0 EASEMENT FOR ACCESS, ROADWAYS, AND UTILITIES (STRANDIER BOULEVARD) This Easement for access, roadways, and utilities (the "Easement ") is granted this 311 day of November, 1998, by STUART M. MCLEOD ( "Grantor") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ("Grantee") with reference to the following facts: RECITALS: A. Grantee 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"). Grantee 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. Grantee intends to construct acommuter rail station, parking facilities, and related transit center improve- ments on the Transit Center Property and intends to construct other transit- related improvements throughout the Puget Sound region. B. Grantor is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto ( "Lot 4 "). C. The parties heretofore have entered into a Rea: Estate Purchase and Sale Agreement, dated November3 .1998 in Section 9.2.4 of which, Grantor agreed to • convey a 60 -foot wide roadway easement upon Lot 4 within an area of what would be an easterly extension of Strander Boulevard. more particularly described in Exhibit C (the rj "Easement") for the benefit of the Transit Center Property. Grantee and Grantor desire to ® set forth herein their agreement with respect to the Easement and the terms and condi- • tions for the use and enjoyment thereof. 4=I NOW. THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Grant of Easement. Grantor does hereby make, declare. sell. transfer. convey, warrant and establish a 60 -foot wide perpetual, non-exclusive easement through and over Lot 4.200 feet easterly from the Union Pacific Railroad Right of Way within reserved Strander Boulevard Extension. in the Easement Area more particularly described in Exhibit C, for the benefit of the Transit Center Property and for the benefit of Grantee and Grantee's agents, officers, employees, tenants and invitees for the purpose of Grantee's construction, maintenance, and use of a shared access roadway (to be used by Grantor and Grantee) to provide vehicular and pedestrian ingress to and egress from Grantee's commuter rail station, transit facilities, parking facilities, and related improve- ments and to Grantor's facilities on Lot 4 at all times. The shared access roadway shall 25x include curbs and walkways. Grantee shall pay the costs of the design of the roadway. and shall submit its preliminary designs for the roadway improvements at each level of design completi IUD Grantor for review and comment. On or before Marcia 1, 1999. Grantor may request, and Grantee shall include in the roadway design. utility and other conduits solely for Grantor's use. Grantor will notify Grantee in writing on or before March I. 1999 whether Grantee shall install 4 -inch or 2 -inch conduit and Grantor shall reimburse Grantee the cost of such conduit at the following rates: $2.80 per foot of 4 -inch conduit and $2.00 per foot of 2 -inch conduit: Grantor's payment shall he made within thirty (30) (lays of receipt of an invoice from Grantee for the costs agreed herein. Grantee shall, except as provided herein. pay the cost for construction of the roadway, which construction may he conducted by Grantor, in Grantee's discretion. In any event, the construction of the roadway shall be completed by December 31, 1999. 3. Roadway Maintenance. Grantor shall perform the necessary and reason- able maintenance of the roadway constructed in the Easement area, including re- surfacing roadway, maintenance of the drainage system, pavement markings, and maintenance of street lighting. Grantee shall reimburse Grantor for fifty- percent (50 %) of the costs of such maintenance within thirty (30) days of receiving an invoice for maintenance costs. In the event that Grantor defaults in its performance of the maintenance obligations set forth in this paragraph 3 and fails to cure such default with thirty (30) days alter receipt of written notice. Grantee shall have the right, but not the obligation, to conduct the reasonable maintenance of the Easement Area described above. in such event. Grantee shall be entitled to reimbursement from Grantor of 50% of its cost, which reimbursement shall he made within thirty (30) days of receipt of an invoice from Sound Transit. 4. iiinding Effect. The covenants and agreements set forth in this Easement shall he 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 Easement 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. Recomling. This Easement shall he recorded in the real property records of King County, Washington. 6. 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 aid /or conditions of this Easement, it is understood and agreed that the prevailing party in such litigation shall he 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. 7. Notices. Any and all notices or other communications required to per- mitted by this Easement or by law to he delivered to. served on or given to either party to this Easement by the other party to this Easement, shall he in writing and shall he deemed properly delivered, given or served when personally delivered to such party, or in lieu of Z < • 2 W 00 N -II— N IL W u_Q N W Z }— Zt- W W 0 U O N r� F- WW F- H O Z W 0 Z 0 personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized ovemight delivery service, charges prepaid, addresses as follows: If to Grantor : With a copy to: If to Grantee : Stuart M. McLeod 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 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Jeri Cranney, Division Manager, Real Estate Facsimile No. (206) 689 -3526 With a copy to: Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Seattle, Washington 98101 Attn: Legal Counsel 0 Facsimile No. (206) 694 -1940 gAll notices so telecopied shall be deemed delivered upon transmission thereof and all In notices so mailed shall be deemed received on the date which is 24 hours after delivery to G the overnight delivery service by the sender, or if placed in the United States mails. on r4 the date of the return receipt or. if delivery of such United States mail is refused or cannot l" f be accomplished, 48 hours after deposit in the United States mails. Either party may Echange 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. Amendme t. This Easement 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 Easement. 9. Waiver. No waiver or any of the provisions of this Easement 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 be deemed to be a continuing or future waiver. 10. Captions. The captions and paragraph headings contained in this Ease- ment are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of tais Easement, nor the intent of any provision hereof. • • 25> 9811051960 • • 11. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Washington. 12. Miscellaneous. A. The Easement granted hereby is solely for the benefit of, and are intended to constitute easements appurtenant to the benefited property and are not assignable by the owner of such property to any other person except in connection with the sale, trans- fer, conveyance, encumbrance or assignment of the benefited property. The Easement granted hereby, and the rights, duties, restrictions, limitations and obligations herein created, shall nm with the land, shall burden the encumbered property and shall benefit the benefited property and shall be binding upon and inure to the benefit of the parties 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 Transit Center Property or Lot 4. B. 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. IN WITNESS WHEREOF. this Easement is executed by the parties, intended to be legally bound, as of the date first written above. GRANTOR STUART M. MCLEOD GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By Name: ROBERT K. WHITE Tide: Executive Director Approved as to Form: i 25) 0 • STATE OF WASHINGTON COUNTY OF KING e On this -6 day of November. 1998, before me, a Notary Public 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 be the person who executed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF. I have hereunto set rpky hand and official seal the day and year first above written. STATE OF WASHINGTON ss COUNTY OF KING udu,'c.detJ L1C in Washington, residing My appoutmeeu Prim Name Vt., On this j 4day of November, 1998, before me, a Notary Public in and for the Stare of Washington, personally appeared Robert LjEttg, personally known to me (or proved to me on the basis O of satisfactory evidence) to be the person who executed this instrument. on oath stated the he was authorized to execute the instrument. and acknowledged it as the BaroaAlve IHreeror of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed amid N corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF,1 have hereunto set my hand and official seal the day and year first • above written. NOT�LIC in and for State of ,.,<:i VK ti Washington, residing at ��!! ♦ rta G,' My appointment expires S JAW X .Vr* . a• VO i Print Name 'AMC./ tf • %L. l:W wa or s Y 'VW* p i • • ,r„�,,.,.._ • 25 X • w EXHIBIT A (Transit Center Property) LOT Z: 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 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 RIGHT -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. 1 GREEN RIVER INTERCHANGE AT HIGHWAY ENGINEERING STATION 2M 149 + 25.97 POINT OF TANGENCY 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; O THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20 FEET SOUTH OF. MEASURED AT RIGHT ANGLES TO THE rl EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y"; 1/3 THENCE NORTH 87 °08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET • SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; ✓ f ✓ l THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 FEET TO WESTERLY A 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. 0 LOT 3 ALL THAT PORTION OF GOVERNMENT LOT 11 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 EAST, W.M., BOUNDED AS FOLLOWS: IJ 25 x • w • • 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; 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 THAT 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 80 FEET; C THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; 14 THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE G POINT OF BEGINNING. rf 14 • w • EXHIBIT B (Lot 4) LOT 4: • ALL THAT PORTION OF GOVERNMENT LOT 11 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AIL 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; 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 11; ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 150 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY O MEADER DONATION CLAIM NO. 46 O A 0 • - • (Strander Easement Area) 60' EASEMENT ACROSS THE WEST 200' OF PROPOSED LOT 4 AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER, ACROSS OR UPON THE NORTH 60 FEET OF THE WEST 200 FEET OF ALL THAT PORTION OF GOVERNMENT LOT 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 DISTANT 43 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 '4 GOVERNMENT LOT 11; U ON THE NORTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 15(' • FEET SOU fHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF THE HENRY 14 MEADER DONATION CLAIM NO. 46. �s1ti �6,1� -c:y 25x