HomeMy WebLinkAbout1998 - Nuisance Easement - Central Puget Sound Regional Transit Authority / McLeod Stuart - 9811051963• v •
AFTER RECORDING MAIL TO:
ti PUGET SOUND REGIONAL TRANSIT AUTHORITY
Address 1100 S13DtID AVE.. Sf1ITE 500
ciIy/suk SEATTLE, WA 98101 -3423
Document Title(s): (or ttansactiun• contained therein)
1. NUISANCE EASEMENT
2.
3.
4.
,Reference Numbers) of Documents assigned or released:
0 Additional numbers on pale of document
O
gal Granlorts): (lasl nave firs. then firm name and mina's)
ill. FCLDOD, STUART M.
2 MCLIED DEVELOPMENT CCMPANY, A WASHINGTON CCRP
3.
4.
5. 0 Additional names on page of document
First American Tide
a ;r Insurance Company
1ST AM -S
tang ,p.. fo tuk company use unit)
Grantee(s): (Tau name lira. then firm name and initial,)
1. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
s 2.
3.
4.
5. 0 Additional names on page of document
Abbreviated Legal Description as follows: (ix. iuuwect/ptat ur satioMuwmbiphmgelyuancr /yuartcr)
• SECTION 24 WARSHIP 23N RANGE 4E SE QUARTER Sir QUARTER,
• SEYTION 25 TOWNSHIP 23N RANGE 4E NE QUARTER NW QUARTER, AND
6 :iECTICN 25 TOWNSHIP 23N RANGE 4E SE QUARTER NN QUARTER
0<mnplctc legal description is on page9- X01- of Qocutnent
Y Assessor's Property Tax Parcel / Account Number(s):
k 000580- 0013 -03 and 252304- 9006 -0i
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•
NMI: The ouduorret ,nJrr nil! rely on the Information on the form. The sluff will non read the d n umenr to )•reify the
on ara, s ar , nmplrlrntss of the ,,Jning ,nfi,nnudon provided herein
EMSE TA OT
Deputy
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9811051963
RECORDING REQUESTED DT AND
RETURN ADDRESS:
Jennifer Belk
Central Puget Sound Regional Transit Authority
1100 Second Ave., Suite 500
Seattle, WA 98101 -3423
NUISANCE EASEMENT
(COMMUTER RAIL STATION AND TRANSIT CENTER)
GRANTOR:
GRANTEE
• ABBREVIATED LEGAL DESCRIPTION:
▪ ASSESSORS TAX PARCEL NO.:
1/▪ 3
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STUART M. MCIEOD. AN UNMARRIED MAN:
MCIEOD DEVELOPMENT COMPANY. A WASHINGTON
CORPORATION
CENTRAL PUGET SOUND REOIONAL TRANSIT AUTHORITY
(See Page _ for MI lepl description)
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98110S1963
NUISANCE EASEMENT
(COMMUTER RAIL STATION AND TRANSIT CENTER)
This Nuisance Easement (the "Easement" or the "Nuisance Ea ement") is granted
this 3,1 day of November, 1998, by STUART M. MCLEOD, an unmarried man and
MCLEOD DEVELOPMENT COMPANY, a Washington corporation (collectively,
"Grantor ") in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHOR-
ITY, a regional transit authority ( "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 descnbed in Exhibit A attached hereto and by
this reference incorporated herein (the "Property ").
B. Grantee is the current owner of the property located in the City of
Tukwila, King County. Washington legally described in Exhibit B attached hereto (the
"Transit Center Property "). The Transit Center Property is adjacent to and bounded by
the Property on the north and south sides.
C. 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 and operate a commuter rail and transit station
(including parking facilities and other transit related improvements) on the Transit Center
Property and on adjacent railroad right -of -way.
D. The parties heretofore have entered into a Real Estate Purchase and
Sale Agreement, dated November., 1998 in Section 9.1 of which, Grantor agreed to
convey Grantee a certain transit use "nuisance" easement upon the Property for the
benefit of the Transit Center Property (the "Easement "). Grantor and Grantee desire to
set fonh herein their agreement with respect to the Easement and to set forth 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 this
Easement as though fully set forth herein.
2. Easement. Grantor does hereby make, declare, sell, transfer, convey,
warrant and establish a perpetual non-exclusive easement (the "Easement ") on and over
all of the Property for the benefit of the Transit Center Property and for the benefit of
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Grantee and its successors and Grantee's agents, officers, employees, tenants and invitees
for dust, traffic, visual impacts, noise impacts, and other nuisances that may result from
Grantee's development, construction and operation of the Transit Center Property as a
commuter rail and transit station, including parking facilities and other transit related
improvements and services at all times.
3. pinding Effect. The covenants and agreements set forth in this Easement
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
Easement granted hereby shall have priority over any and all liens, encumbrances or
other interests in the Property, and shall survive transfer of the fee ownership of, or any
leasehold estate in, the Property.
4. Bowfin. This Easement shall be recorded in the real property records
of King County, Washington.
5. 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 this Easement, 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
therewith, including, but not limited to, reasonable attorney's fees (including paralegal
▪ fees and fees for any appeals) and court costs.
6. Notices. Any and all notices or other communications required to
vol permitted by this Easement or by law to be delivered to, served on or given to either party
N to this Easement by the other party to this Easement, shall be in writing and shall be
• deemed properly delivered. given or served when personally delivered to such party, or in
ra4 lieu of 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 :
Stuart M. McLeod
McLeod Development Company
213 Lake Street South
Kirkland, Washington 98033
s idol Estrellath ca eea RairMeleodledmd aeieaoee a setoenIAoe
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9811051963
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With a copy to:
If to Grantee:
With a copy to:
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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 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 retum 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.
7. Amendment. 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
5urdened by the provisions of any amendment to this Easement.
8. 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.
9. 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 this Easement, nor the intent of any provision hereof.
10. Governing Law. This Easement shall be governed by and consulted in
accordance with the laws of the State of Washington.
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9811051963
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12. Miscellaneous.
A. The Easement granted hereby 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
connection with the sale, transfer, conveyance, encumbrance or assignment of the Transit
Center Property. The Easement granted hereby, and the rights, duties, restrictions. limi-
tations and obligations herein created, shall run with the iand, shall burden the Property
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 the Property or the Transit Center Property.
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 fast written above.
GRANTOR STUART M. MCLEOD
GRANTEE
MCLEOD DEVELOPMENT COMPANY
B
yName SX,�a.7"
Title: aieer/.o&ra✓f
CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
By
Name: Robert K. White
Title: Executive Director
SARal EamelindiCoraaider RaiN4cLeod incleod Misa ce tnaRnt doe
1143498
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Approved as to Form:
t Legal Counsel
STATE OF WASHINGTON
) ss.
COUNTY OF KING
On this 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 my hand and official seal the day
and year first above written.
O
rl STATE OF WASHINGTON
A COUNTY OF KING
On this ay of November. 199$ -1 fore rpe, a Notify Qubln and for the
State of Washington, personally appeared J7Zia r if. /7L. faa. personally
known to me (or proved to me on the basis at actory evidence) to be the person who
executed this instrument. on oath stated th was Authorized to execute the
instrument, and acknowledged it as the /its/ Bit T of MCLEOD
DEVELOPMENT COMPANY to be the free and voluntary act and deed of said
corporation for the uses and purposes mentioned in the instrument.
ss.
OT R PUBLIC in and •• • • of
.
Washington, residing at
My appoint expires tiir `r•,
Print Nam [.C1 :127
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
1/
�i • }PUBLIC in and , r th
g(
ashin on, residing at 4� f4-
fiNzA
PrintName
STATE OF WASHINGTON
)ss.
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 instrument. and
acknowledged it as the Executive 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, 1 have hereunto set my hand and official seal the day
and year first above written.
f.c..
NOT Y P 1C in and for the State of
W ngton, ing at Seeikla
My appointment expires 1 29 -
Name 'Senn •,;Ce.- 44k.
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1110V98
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EXHIBIT A
THE PROPERTY
LEGAL DESCRIPTION:
LOT 4:
ALL THAT PORTION OF GOVERNMENT LOT 1 I 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 I I;
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
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,
ANL) 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.
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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.
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EXHIBIT B
THE 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
"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 "r;
THENCE NORTH 87°08'04" EAST 100 FEET TO 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 0I°26'34" EAST TO THE POINT OF BEGINNING.
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LEGAL DESCRIPTION:
LOT 3:
ALL THAT PORTION OF GOVERNMENT LOT 1 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 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 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:
ell
N BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM
0 AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD RIGHT -OF -WAY;
A 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.
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