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Home My WebLink About1998 - Reciprocal Easements for Access, Roadways and Utilities - Central Puget Sound Regional Transit Authority / McLeod Stuart - 9811051962• G • AFTER RECORDING MAIL TO: Name CENTRAL PI1GET SOUND REGIONAL TRANSIT AUTHORITY Address 1100 SPITW AVE. _SIII E K00 City /state SEATTLE. VA 98101 -3423 Document Title(s): (or tramatiiens �untaincd therein) RECIPRO AL EASEMENTS FOR ACCESS, RCAOFIAYS, AND UTILITIES 3. 024. ID U Reference Number(s) of Documents assigned or released: 14 0 Additional numbers on page of document First American Titk Insurance Company 1ST AM -S phn ,rywr (u ink ramp ur we 'nth 33 Grantor(s): I Last name first. then first name and initials) in I. MCLEOD, STUART M. AND 1 MOLDOD DEVEIAPMPlIT COMPANY, A WISHIN1ION CORPORATION 3. CENTRAL PUGEt SOUND REGIONAL TRANSIT AUTHORITY 4. 5. O Additional names on page of document 981t0S -i%2 ;2:59:00 P!! KING COJhTY RECORLS ( ;ranteels): (fast name lint. then first name and initials) l MCL flD, STUART M. 2. MR,EDD DEVELOPMENT 00b1PANY, A bQSlW GItON ODRPORATION 3. CENTRAL PUGEP SOUND REGIONAL TRANSIT AUTHORITY 4. 5. 0 Additional names on page of document Abbreviated Legal Description as follows: (i.c ha/hkrk/plat m sectinnIawnship /r nge/quaner /quarter) SECTION 24 TORNSHIP 23N RANGE 4E SE QUARTER SW QUARTER, s erica 25 1'OFRSHIP 23N RANGE 4E NE QUARTER NW QUARTER AND SECTION 25 T W SHIP 23N RANGE 4E SE QUARTER Mg QUARTER J21 Complete legal description is on page ICL,I._ of document Assessor's Property Tax Parcel / Account Number(s): 000580- 0013 -03 AND 252304 - 9006 -05 5i1)TE: '1 he• onIurlre• ..rdrr will rely on tar nrJor motion on the from The seal. will noi rend the d,,c nrent to verify the m e hear . or r nmplrrrnr u r / rhr mitering inJurrnrum prnerded herrn,. EXC! E TAX NOT RE • 41.D 25x • o • • RECORDING REQUESTED BY AND RETURN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authonty 1100 Second Ave., Suite 500 Seattle, WA 98101 -3423 RECIPROCAL EASEMENTS FOR ACCESS, ROADWAYS, AND GRANTORS: UTILITIF.S (24-FOOT EASEMENTS) TS) • STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY GRANTEES: STUART M. MCLEOD MCLEOD DEVELOPMENT COMPANY CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY OABBREVIATED LEGAL DESCRIPTION: (See Page _ for Tuff legal deception) ASSESSORS TAX PARCEL NO.: sW.e.wmrmmmrI M&ts•dM+..l:rm.a.rere..dic 11o.VN • ..... _ _._. 25 x 0 • RECIPROCAL EASEMENTS FOR ACCESS, ROADWAYS, AND UTILITIES (24 -FOOT EASEMENTS) These Easements for access, roadways, and utilities (collectively the "Easements" or when referred to individually, the "Easement") are granted this kj. day of November, 1998, by STUART M. MCLEOD, an unmarried individual and MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively, "McLeod ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Sound Transit ") and by Sound Transit in favor of McLeod with reference to the following facts: RECITALS: A. Sound Transit 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 "). Sound Transit 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. 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. B. McLeod is the owner of the property located in the city of Tukwila, King County, Washington legally described and depicted in Exhibit B attached hereto (the "McLeod Property "). The McLeod Property is comprised of one parcel to the south of A the Transit Center Property ( "Lot 4 ") and two parcels to the north of the Transit Center Propeny ( "McLeod's Northern Fee Property" and "Lot 1 "). •l C. The parties heretofore have entered into a Real Estate Purchase and Sale 4 Agreement, dated November, 1998 in which they agree to convey and to accept con- . rl veyance various real properly interests. In such Section 9.2 of such Agreement, the par- ties agreed to convey reciprocal 24 -foot wide easements (the "Easements ") for certain rights of vehicular and pedestrian ingress and egress and for installation and maintenance of utilities for the benefit of McLeod's Property and the Transit Center Property. Sound Transit and McLeod desire to set forth herein their agreement with respect to the Ease- ments 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: w4lamewer«menL.11 d, wte./:+o r..mnaAIM •2• I IA YO • • 25> 9811051962 0 • • 0 1. Recitals Incorporated. Each recital set forth above is incorporated into these Easements as though fully set forth herein. 2. Easement Granteg by McLeod; Sound Transit's Access. Roadway. and Utilities Easement to South 156 Street. McLeod does hereby make, declare, sell, trans- fer, convey, warrant and establish a non - exclusive easement through, under and over a 24 -foot wide portion of McLeod's Northern Fee Property and Lot 1 to the proposed S. 15e Street for the benefit of the Transit Center Property and for the benefit of Sound Transit and its agents, officers, employees, tenants and invitees for the purpose of Sound Transit's construction. maintenance, and use of a roadway to provide vehicular and pedestrian ingress to and egress from Sound Transit's commuter rail station, transit facilities, parking facilities, and related improvements, and for the purpose of installation and maintenance of utilities, including but not limited to power, gas, water, sewer, and telecommunications conduits. at all times. The Easement described in this paragraph 2 shall be located on the western edge or eastern edge of McLeod's Northern Fee Property and Lot 1 as determined by McLeod in cooperation with Sound Transit before the improvement or development of the roadway. Upon such determination, the parties shall record an amendment to this Easement setting forth the legal description of such ease- ment area. The Easement described in this paragraph 2 shall permit Sound Transit to use the easement area only at such time as constnction begins on the public right of way improvements for S. I56t Street, and shall terminate in the event that construction has not begun by December 31, 2005. Unless terminated pursuant to the foregoing sentence, the Easement described in this paragraph 2 shall be perpetual. In addition to the ea,c- ment rights granted herein, Sound Transit also shall have the temporary right to enter upon the McLeod Property for the purpose of constructing, installing, and maintaining the utilities and roadway described in this paragraph 2. McLeod may from time to time temporarily close portions of the Easement described in this paragraph 2, for maintenance and repair purposes. but McLeod will use reasonable efforts to conduct routine repairs and maintenance so as to not unreasonably disrupt Sound Transit's use of the Easement. 3. Easement Granted by Sound Transit; McLeod's Limited Access Easement. Sound Transit does hereby make, declare, sell, transfer, convey, warrant and establish a 24 -foot wide perpetual non - exclusive easement through, under and over the Transit Center Property from S. 158th Street to Lot 4 for the benefit of McLeod's Property and for the benefit of McLeod for the purpose of ingress and egress of oversized loads not to exceed HS20 loading, at all times. The easement shall be located as deter- ruined by Sound Transit in cooperation with McLeod during design of Sound Transit's transit facilities. Upon such determination, the parties shall record an amendment to this Easement setting forth the legal description of such easement arca. In the event that for any reason. other than a voluntary termination or willful default, Seller loses its permis- sion to use the privately improved crossing of the Union Pacific Railroad Right of Way at �Y4al, umetwala%' .,,weft laSkln,MYln 1 la:, sm..,,asassalre '3- I IA1J9l 25 ) C? 6. Recording. These Easements shall be recorded in the real property records tr4 of King County. Washington. Yn 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 permitted by these Easements or by law to be delivered to, served on or given to either party 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 pe sonal services, when telecopied or when mailed by United States • 0 • so AL Strander Boulevard. and has no other practicable means of ingress and egress to and from Lot 4, then Seller may use the easement area for general vehicular and pedestrian access purposes. at all times. Sound Transit may from time to time temporarily close portions of the Easement described in this paragraph 3, for maintenance and repair purposes, but Sound Transit will use reasonable efforts to conduct routine repairs and maintenance so as to not unreasonably disrupt McLeod's use of the Easement. 4. General Provisions Applicable to the Easements. The design of access roadways to be constructed within the Easements shall minimize any interference with or otherwise materially detrimental impacts to the use of the Transit Center Property and the McLeod Property. The parties acknowledge agree that entrances from the Easements onto S. 156'" Street, Strander Boulevard Extension, and S. 1581h Street may require that the driveways be located outside of the 24 -foot easement corridors, and agree to grant such additional rights as will allow the parties to locate such driveways. Such driveways shall be established in mutually agreeable locations. In addition, the parties agree that each shall bear its respective incremental additional costs for roadway design and con- struction beyond the costs of improvements planned by the other party. 5. Bifmding Effect. The covenants and agreements set forth in these Ease- ments 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. 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. Naeeal r, u, u. tnr.... eseuwwnatAWLe,r caroms lot -4- I IA w5 • • 25X 9811051962 • • • • mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid, addresses as follows: If to McLeod : With a copy to: If to Sound Transit: With a copy to: Stuart M. McLeod McLeod Development Company 213 Lake Street South Kirkland, Washington 98033 James A. Greenfield Davis Wright Tremaine LLP 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 Cranny, Division Manager. Real Estate Facsimile No. (206)689 -3526 Central Puget Sound Regional Transit Authority 1100 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 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 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. 9. Amendme.tt. These Easements may not be modified. amended or terminated without the prior written approval of the then owners of the land which is bene(.tcd or burdened by the provisions of any amendment to these Easements. S a:. e..rv.a r.weve„ l.nam.,.rMd..d !MI macho, ur.rm a. -5- 11/0‘911 • 25 x • • • • 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 be deemed to be a continuing or future waiver. 11. Captions. The captions and paragraph headings contained in this Easement 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 be 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 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, transfer. conveyance, encumbrance or assignment of the benefited property. The Easements granted hereby, and the rights, duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the encumbered property and shall benefit the benefited property and shall be binding upon and inure to the benefit oldie 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 Transit Center Property, Mcleod's Northern Fee Property. Lot SCI 4, and Lot 1. V7 B. 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 til • successors and assigns. !s▪ i IN WITNESS WHEREOF, these Easements are executed by the patties, intended to be Legally bound, as of the date first written above. MCLEOD STUART M. MCLEOD ud Ee.w.rKommon uiLrd..ww,w w seamq exammenat IIO.O# MCLEOD DEVELOPMENT 'OMPANY By_ Its -6- 0 • SOUND TRANSIT CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY STATE OF WASHINGTON COUNTY OF KING On this day of November, 1 fore 91e��of y Qubli in and for the State of Washington, personally appeared )7L/QrT "7 Pfr1, personally known to me (or proved to me on the basis of isfactory evidence) to be the person who executed this instrument, on oath stated waaauthorized to execute the instrument, and acknowledged it as the /r es!' en / of MCLEOD ei DEVELOPMENT COMPANY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. vl 0 and year first above written. v4 By Nam: Robert K. White Title: Rxecutive Director Approved as to Form: IN WITNESS WHEREOF,1 have hercun set my hand and official seal the day STATE OF Washington COUNTY OF KING ss. �* RY ' UBLIC in and the Washington. residing at ./r —,o` My appointme I s r/MAf' ' Print Name ,r__ 177.1 shb. •�. On this U = day of November. 1998. before me, n Notary Public in and for the State of Washington. personally appeared STUART M. MCLEOD. personally known to S Wal isaWamYewrorta IWILMELeellftlwal lY min, ammonia -%- iIAWd b0 ,.. .�c..rrrrl• l • 25x • 0 • 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 my hand and official seal the day and year first above written. STATE OF WASHINGTON COUNTY OF KING On this day of November, 1998, before me, a Notary Public in and for the State of Washington, personally appeared Robert 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 he was authorized to execute the instnmtent. and acknowledged it as the Execute Director of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOT Y P LIC in and for the State of Was r• gton, iding at Siatlt, web. My appointment expires t- 2q- 2002 Print Name J z3u1L s iva c.rK.ucamm+v u+rad. k,m+ to mob.,....aumr -8- mow 2ffix • 0 • EXHIBIT A 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 -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 "r' 0,m; THENCE NORTH 87°07'32" EAST ALONG SAID "r' LINE 418.74 FEET TO INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND POWER & LIGHT RIGHT -OF -WAY; CI THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO ✓ A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE In EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y "; O THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET gal ▪ SOUND POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°08'04" EAST 124.74 FEET TO WESTERLY 03 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. 811 1090569; THENCE SOUTH 87 °13'29" WEST 127.45 FEET; THENCE SOUTH 01°26'34" EAST TO THE POINT OF BEGINNING. movo • • 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 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 CR'Y 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: C1 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND (n PACIFIC RAILROAD RIGHT -OF -WAY; O 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; 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. S VIM E.rAbelOCnamoort Na MY4,Ntl.el IS, wl•gaeeme, doe -10- I WWII 4 • ! 25) a,2 LOT 4: ALL THAT PORTION OF GOVERNMENT L O T I 1 AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL SITUATED IN ,.4 SECTION 25. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BOUNDED AS A 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; • v • s EXHIBIT B MCLEOD PROPERTY LEGAL DESCRIPTION: 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. 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 THE MONUMENTED CENTERLINE OF SO. 158Th STREET. LEGAL DESCRIPTION: ort.Irn.,u..unCremaeIlsA*U.&Mt d:a..ws?ems..a - 1 1- I MVO Alb to wl O d A • 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 MEADFR DONATION CLAIM NO. 46 x Meal r...rL.w...+.a uw.,..•uarl ua mr.q..oeatkr .12- IIN.K0 • • :. -. • �__ 25X