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HomeMy WebLinkAbout1998 - Reciprocal Easements for Ingress, Egress and Utilities - Central Puget Sound Regional Transit Authority / McLeod Stuart - 98110519619811051961 • AFTER RECORDING MAIL TO: Nam, CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AhIma_.. 1100 .SECOND AVE r SITE r.00 Cn� lstamc $EA_'1 'L.E 4A 98101 -3423 Document Titlels): for transactions. contained therm) 1. RECIPROCAL PASIIme2T1S FOR IINGMS, 2. EGRESS AND UTILITIES 3. 4. Reference Numberls) of Documents assigned or released: ❑ Additional numbers on page of document Pint Amerieon Title Insurance Company 1J0. S 1ST AM -S t Cho Waltrip. otk moron aar .mrrt Grantor(s): t Ira name fin. then firm tame amt initials, 1. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY 2. MCLE D DEVEIAPMENT CCE4PANYr A WASHINGTON CORPORATION 3. 4. 5. 0 Additional names on page of document lirantcelsl: ILaa rank fuV. then fin name and tuna's' 1. CENTRAL POGET SOUND REGIONAL TRANSIT AUTHORITY 2, MClmpr STUART M. MCLDOD DEVELOPMENT COMPANY, A WASHINGICN CORPORATION 3. 4. 5. ❑ Additional names on page of document • Abbreviated Legal Description as follows: h.e. IdlMrxk / plat Of sectitmAuwnshiphattge .'yttartedtryartcrl • SECTION 24 TOWNSHIP 23N RANGE 4E SE QUARTER SW QUARTER, • SECTION 25'I *SHIP 23N RANGE 4E NE QUARTER NW QUARTER AND SECTION 25 TOMINSRIP 23N RANGE 4E SE QUARTER NA QUARTER Compkte legal description is on page IN- \ of document ><Assessor's Property 'fax Parcel / Account Number(s): 000580- 0013 -03 AND 252304 - 9006 -05 e NOTE:: l he lom rrf wdrr sr./1 rrlr on the •form on the form. i he stuff will nor read the document to verify the .n. nnr, ...r u.mplrfrne.a of the nidetow ,fi.rnrunon pr.n sdrd hrrein. EXCISE TAX NOT REQUIRED co. RtIGDrds DJ • 1 25X 9811051961 RECORDING REQUESTED NY AND REruRN ADDRESS: Jennifer Bock Central Puget Sound Regional Transit Authority 1100 Second Ave., Suite SOD Seattle. WA 98101 -3423 RECIPROCAL EASEMENTS FOR INGRESS, EGRESS AND UTILITIES (3 1SS'Stmt, Tukwila, Washington) GRANTORS: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY MCLEOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION GRANTEES: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY STUART M. MCIEOD, AN UNMARRIED MAN MCL EOD DEVELOPMENT COMPANY, A WASHINGTON CORPORATION ABBREVIATED LEGAL DESCRIPTION: (See Page _ Tor full legal de eripion) ASSESSORS TAX PARCEL NO.: SN1aal cau-1 se.lCacarer RaiMklaahmked ISM =WNW aYbsftOo: 11,0./911 9811051961 RECIPROCAL EASEMENTS FOR INGRESS, EGRESS AND (TFILITIES (S. 15816 Street, Tukwila, Washington) These Reciprocal Easements for ingress, egress. and utilities (the "Easements ", and individually, the "Easement ") are granted this .3d day of November. 1998. by and between STUART M. MCLEOD, an unmarried man and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "McLeod ") and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ("Sound Transit") with reference to the following facts: RECITALS: A. McLeod is the owner of certain real property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit A attzched hereto and by this reference incorporated herein ( "Lot 4 ". "Lot 1" and "McLeod's Northern Fee Property ". collectively, " McLeod's Property "). B. Sound Transit is the current owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto (thc "Transit Center Property "). Sound Transit is a regional transit authority. authorized by Chapter 81.104 and 81.112 RCW and a vote cf the people to implement a high capacity transportation system. Sound Transit intends to construct a commuter rail station. parking facilities, and related transit center improvements on the Transit Center Property and intends to construct other transit- related improvements throughout the Puget Sound region. C. The boundary between Lot 1 and the Transit Center Property is the centerline of what would be an easterly extension of S. 158th Street. The parties heretofore have entered into a Real Estate Purchase and Sale Agreement. dated November3 , 1998 in which they agree to convey and to accept conveyance of various real property interests. In such Section 9.2.3 of such Agreement, thc parties agreed to convey reciprocal 20 -foot wide easements (the "Easements") to one another for the full use and enjoyment of S. 158th Street, for vehicular and pedestrian ingress and egress and for installation and maintenance of utilities for the benefit of McLeod's Propeny and the Transit Ccnter Property. D. Sound Transit intends to construct certain improvements in the S. 158'x' Street right of way that are necessary to support the commuter rail station, parking facilities, and other transit - related improvements. McLeod intends to develop McLeod's Property to its highest and best use. The parties intend that the design for such improvements be coopera- tively developed such that the improvements, to the extent practicable, will benefit both McLerxl's Property and the Transit Center Property development. S%Kral Fa.N.adeforraes ItadV4cLcodUnc kod Ildd mi,mn1 megrim �i�wx 9511051961 0 • E. The panics acknowledge that the Easement Area also is subject to the terms and provisions of an agreement between the Boeing Company and McLeod dated January 10, 1996 (the "Boeing Agreement ") and the Easement dated January 10, 1996 and recorded under the King County Division of Records and Elections No. 9601231152 (the "Boeing Ease- ment"). McLeod and Sound Transit desire to set forth herein the allocation of certain rights and obligations set forth in the Boeing Agreement and Boeing Easement and McLeod and Sound Transit desire to set forth herein their agreement with respect to the reciprocal ease- ments for ingress, egress and for the installation and maintenance of roadway improvements and utilities and the terms and conditions for the use and enjoyment thereof. 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 Easements. McLeod does hereby make. declare, sell. transfer. convey, warrant and establish a perpetual non-exclusive easement for the benefit of the Transit Center Property and for the benefit of Sound Transit and Sound Transit's agents. officers. employees, tenants and invitees for the purpose of vehicular and pedestrian ingress and egress, and the installation and maintenance of utilities and for the installation and maintenance of roadway improvements necessary and desirable to support the development and use of the Transit Center Property at all times through, under and over a 20 -foot wide portion of S. 1581° Street, as more particularly described in the attached Exhibit C. Sound Transit does hereby make, declare, sell, transfer, convey. warrant and establish a perpetual non -exclusive easement for the benefit of McLeod's Property and for the benefit of McLeod and McLeod's agents, offi- cers, employees, tenants and invitees for the purpose of vehicular and pedestrian ingress, and egress, and installation and maintenance of utilities at all times through, under and over a 20- foot wide portion of S. 158'" Street, as more particularly described in the attached Exhibit D. The casements grunted in this paragraph 2 shalt be referred to collectively as the "Easements ". The area encumbered by the Easements shall be referred to as the "Easement Area ". 3. Construction of Improvements. Sound Transit shall construct roadway improve- ments in the Easement Area as are necessary to support construction and use of Sound Transit's commuter rail station, associated parking. and other transit- related improvements. Such improvements shall include installation of utilities power. and communication conduit, landscaping. sidewalk. and roadway surfacing. The design for such improvements shall be developed in cooperation with McLeod so that. to the extent practicable, the improvements benefit development of both Mc Leod's Property and the Transit Center Property and so that to the extent practicable maintenance costs are minimized. Accordingly. Sound Transit shall submit its preliminary design for the improvements to McLeod al each level of design com- pletion for review and comment by McLeod. On or before March 1. 1999. McLeod may request and Sound Transit shall include in the roadway design utility and other conduits solely S *cal I.WICVlndarbmrolrr RAIN&L ttere Md 1 SRI" reciprocal martens doe IIAIWN -3- • 1 25x • • for McLeod's use and at McLeod's expense. McLeod will notify Sound Transit in writing on or before March 1, 1999 whether Sound Transit shall install 4 -inch or 2 -inch conduit and McLeod shall reimburse Sound Transit 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. Sound Transit acknowledges and agrees that McLeod shall retain exclusive use of the existing conduit Tying within such area. Sound Transit shall not be required to install at its own expense other improvements that are not necessary for its own development. but shall install such improvements during Sound Transit's development of the Transit Center Property at McLeod's expense if requested to do so in writing by McLeod in a timely fashion and so long as the installation of such improvements is reasonably consistent with Sound Transit's construction schedule. In such event the parties shall exercise their best efforts to set a reasonable budget and schedule for the construction of such additional improvements and Sound Transit shall exercise its best efforts meet such budget and schedule in constructing such improvements. McLeod's pay- ment shall be made within thirty (30) days of receipt of an invoice from Sound Transit for the costs agreed herein. Sound Transit shall have the right to enter upon Lot 1 for the purposes of carrying out its obligations and exercising its right to construct the improvements described in this paragraph 3. 4. Maintenance of Easement Area. McLeod shall perform the necessary and reason- able maintenance of the Easement Area. including re- surfacing of the roadway, maintenance of the drainage system, pavement markings, and maintenance of street lighting. Sound Transit shall reimburse McLeod for fifty- percent (50 %) of the costs of such maintenance within thirty (30) days of receiving an invoice for maintenance colic. Provided, however, at such time as the Boeing Agreement provisions (Article 3) require Boeing Corporation to begin paying Ni maintenance costs for the Easement Area. McLeod shall be responsible for seventy -five per - cent (75%) of such maintenance costs and Sound Transit shall reimburse McLeod twenty -five percent (25%) of such costs in the manner described above. The parries acknowledge that at 1"1 such time. such maintenance costs may increase to cover additional services necessary to A accommodate Boeing's use of the roadway as provided in the Boeing Agreement. McLeod shall notify Sound Transit when the Boeing Company's obligations under Article 3 of he Boeing Agreement have become effective. Sound Transit further acknowledges and agrees; without limitation, that, after the Closing Date and after the Boeing Agreement is no longer in effect, McLeod shall manage the maintenance of the private roadway portion of South 158'" Street west of the BNRR right -of -way and Sound Transit shall reimburse Seller 50% of such costs. In the event that McLeod defaults in its performance of the maintenance obligations set forth in this paragraph 4 and fails to cure such default with thirty (30) days after receipt of written notice. Sound Transit shall have the right. but not the obligation, to conduct the rear sonable maintenance of the Easement Area described above. In such event, Sound Transit shall be entitled to reimbursement from McLeod of 75% of its costs, if the Boeing Agreement is in effect or 50% of its cost if the Boeing Agreement is no longer in effect, which reimburse- ment shall be made within thirty (30) days of receipt of an invoice from Sound Transit Nothing in this Easement is intended to amend or alter the Boeing Agreement or Boeing Easement or McLeod's obligations thereunder. McLeod agrees to indemnify and hold harm- 5 Vaal 1.ua,t bndallb,mrta NadWeleadNsIs d 151Ith normal uamea' dat 114,•0 -4- 25 X •- t • Tess Sound Transit from any and all claims, losses, and expenses Sound Transit may incur to the extent caused or alleged to be caused by McLeod's default of the Boeing Agreement or Boeing Easement. 5. Boeing Augment and Boeing Easement. Sound Transit and McLeod agree that so long as the Boeing Agreement remains in effect (1) Sound Transit shall not make any claim as to the parking rights upon the Boeing Property described in the Boeing Agreement and the Boeing Easement and (2) Sound Transit shall not be entitled to receive and shall make no claim for any portion of Boeing's payment of its share of the Shared Cost Improvements as described in Section 4.2 of the Boeing Agreement. McLeod acknowledges that it shall have no authority to enter into any amendment of the Boeing Agreement that affects the Transit Center Property or that would materially change Sound Transit's obligations under this paragraph 5. 6. Binding Effect. The covenants and agreements set forth in these Easements shall be 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. 7. Recording. These Easements shall be recorded in the real property records of King County, Washington. 8. 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 al entitled to be reimbursed for all costs incurred or expended in connection therewith, includ- ing, but not limited to, reasonable attorney's fees (including paralegal fees and fees for any e o appeals) and court costs. N 9. Notices. Any and all notices or other communications required to permitted by these Easements or by law to be delivered to, served on or given to either pany to these Easements by the other party to these Easements, shall be in writing and shall be 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 McLeod : Stuart M. McLeod 213 Lake Street South Kirkland, Washington 98033 5 Weal Euae La d.Y.amrn ItaolVAcLeadInwlesal 15Ihbmyna! me re u.doc I IA RS -5- Alb i 250 0 9811051961 With a copy to: If to Sound Transit : With a copy to: • v • • James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Facsimile No. (206) 628 -7699 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 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 be deemed delivered upon transmission thereof and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the over- night 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 be accomplished, 48 hours after deposit in the United States mails. Either party may 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. 10. 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. 11. Waive(. 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 be deemed to be a continuing or future waiver. 12. Captions. The captions and paragraph headings contained in these Easements are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof 13. Governing Law. These Easements shall be governed by and construed in accordance with the laws of the State of Washington. s% cal Escalc■LoodatCoomstav RadWeLcaellrecicad 1384 trcp,rcal mamas doe nPwn -6- 25X1 • o • 13. Miscellaneous. A. The Easement granted herein by McLeod is solely for the benefit of. and is intended to constitute an easement appurtenant to the Transit Center Property and is not assignable by the owner of the Transit Center Property to any other person except in connec- tion with the sale, transfer, conveyance, encumbrance or assignment of the Transit Center Property. The Easement granted herein by McLeod. and the rights, duties, restrictions, limitations and obligations thereby created, shall run with the land, shall burden Lot 1 and shall benefit the Transit Center 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 Lot 1 or the Transit Center Property. B. The Easement granted herein by Sound Transit is solely for the benefit of, and is intended to constitute an easement appurtenant to the McLeod Property and is not assign- able by the owner of the McLeod Property to any other person except in connection with the sale, transfer, conveyance, encumbrance or assignment the McLeod Property. The Easement granted herein by Sound Transit. and the rights. duties, restrictions, limitations and obliga- tions thereby created. shall run with the land, shall burden the Transit Center Property and shall benefit the McLeod 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 McLeod Property or the Transit Center Property. �rl C. As used herein, the term McLeod shall refer to McLeod and its successors and assigns and the term Sound Transit shall refer to Sound Transit and its successors and assigns. 47 IN WITNESS WHEREOF, these Easements are executed by the parties, intended to gal be legally bound. as of the date first written above. N MCLEOD MCLEOD DEVELOPMENT COMPANY • Tide: Aee re,dexl STUART M. MCLEOD 5 anal E,d1,11adaComlr IWSaaclmdmcbod 1315A asycocal araemuic -7- X • o • SOUND TRANSIT CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY "/ By Name: Robert K. White Title: - Beben- ICr.-White- "b;,vtioi STATE OF WASHINGTON COUNTY OF KING ) ss. Approved as to Form: On this Aay of November 1998, by fo�wme N Public in and for the State of Washington. personally appeared -3744 r T /'!. ititLeod , personally known to me (or proved to the on the basis of satisfactory evidence) to be the person who executed this instrument, on oath state�hat was authorized to execute the instrument, and acknowledged it as the T/'eSI kt 7 of MCLEOD DEVELOPMENT COMPANY r♦ to be the free and voluntary act and deed of said corporation for the uses and purposes 40 mentioned in the instrument. r4 IN WITNESS WHEREOF, I have he set my hand and official seal the day and in o year first above written. O r4 N • STATE OF Washington COUNTY OF KING e ss. tvvrARY PUBLIC in am i e r t y a o Washington, residing a My appointmeat e sires 71IVfif Print Named _' rAZ, S • On this 5 of 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 &Weal EsireindeNCosomier l.Ndctavdlstoa IMbanponI mermen do: '") -8- AI 25x e G • 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, 1 have hereunto set my hand and official seal the day and year first above written. • UBLIC in and rrz Washington, residing at �r� . My appointment.= • res ..1/ e Print Name - .' .to 1y STATE OF WASHINGTON ss. COUNTY OF KING ) On this 314 day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared j;pbecl K. White, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that hk was authorized to execute the instrument, and acknowledged it as the bethe free and�untary�Ldeed of said corporation REGIONAL r the uses andIT purposesOR1TY to mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and f the S to of Washington, residing at - -- My appointment exppi�res Print Name NoNay Sliest Eamel.drawMe+ Rrrikltoftkleo/ISW=vmd ene.srels I I OVD6 -9- _25) 9S1105196 • • Q • • EXHIBIT A THE MCLEOD PROPERTY LEGAL DESCRIPTION: McLeod's Northern Fee Property: LOT 2 OF COPY OF TUKWILA SHORT PLAT NO. L98 -0007 AS RECORDED UNDER RECORDING NO. 9803129013. RECORDS OF KING COUNTY. WASHINGTON. LEGAL DESCRIPTION: LOT 1: THAT 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 THE 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 THMONUMENTED CENTERLINE OF SO. 158111 STREET LEGAL DESCRIPTION: LOT 4: 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 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 MEADER DONATION CLAIM NO. 46 5 veeel Emmet mdarommsse RadWiclentrorked IfM,ecpo[aleauecrcdu II /0195 • -10- 25> • G • Magi TRANSIT CENTER PROPERTY LEGAL DESCRIPTION: LOT 2: 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 -0F -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. I58TH 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 "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 94 OF THE ABOVE DESCRIBED "Y"; c THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; r4 THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY MARGIN OF 1% UNION PACIFIC RAILROAD RIGHT -OF -WAY; 0 THENCE NORTH 0340'04" EAST ALONG THE WESTERLY RIGHT OF WAY MARGIN TO r4 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. S:Wd FnW.ItlalCeme RaWAcImMck°d ISMexIN°ol mPIPLIA c MVO �.. Vy •s.rr" •MO dab 25x • • LEGAL DESCRIPTION: 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: ON THE WEST BY A LINE DRAWN PARALLEL EL WITH AND DISTANT 43 FEET EASTERLY MEASURED AT RIGFfT 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 CONSTRU(.1 CU; 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; ✓ l 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 ✓ l DISTANCE OF 80 FEET; O THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN I4 OF SAID CHICAGO, MB- WAUKEE ST. PAUL AND PACIFIC RAILROAD RIGHT -OF -WAY; fu4 THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING. Si rr EareLkrlcar.w. RaiNk4odYrcboil ISN reciprocal asaco.dm 1 Ii07A* -12- 25,x1 2 • 0 SniIT C 20 FOOT EASEMENT AREA ACROSS THE SOUTH PORTION OF LOT 1 AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER, ACROSS OR UPON THE SOUTH 20 FEET OF THAT 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 THE BURLINGTON NORTHERN RAILROAD RIOHT-OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF TH13 NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLThIE OF SO. 1511TH STREET. s Vtnl FiurNtdaComumv ftrNkIaurbskd Ntl=Wool mown deg II /030111 -13- • 0 pXHJ8IT D 20 FOOT EASEMENT AREA ACROSS THE NORTH PORTION OF LOT 2 THE NORTH 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 THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CTTY OF SEATTLE BOW LAKE PIPELINE RIGHT-OF-WAY, AND SOUTH OF THE EASTERLY PROLONGATION OF THE MONUMENTED CENTERLINE OF SO. 158T11 STREET. TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLPJM 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 "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 TO EASTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; 4•4 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 rl THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE Ill ADJUSTMENT NO. 81-36 SPE RECORDING NO. 8111090569; 0 THENCE SOUTH 87°13'29" WEST 127.45 FEET; 9• THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. • s.wn1 trakAL .Can .M. RaiM4.lwofarbad I SM.e. oedespsap* 11A1Nd tip -14- 1 25 X