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Home My WebLink About1998 - Temporary Easement in Gross - Central Puget Sound Regional Transit Authority / McLeod Development Company - 9811051965O A RECORDING REQUESTED BY AND RE7uRN ADDRESS: Jennifer Belk Central Puget Sound Regional Transit Authority 1100 Second Ave., Suite 500 Seattle. WA 98101 -3423 TEMPORARY EASEMENT IN GROSS (CONSTRUCHON STAGING AND SUPPORT) GRANTOR: MCLEOD DEVELOPMENT COMPANY. A WASHINGTON CORPORATION GRANTEE: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ABBREVIATED LEGAL DESCRIPTION: (Sae Page ,_ foe full legal description) ASSESSORS TAX PARCEL NO.: • ul 10110.131Simatical EmabiLiedsKomisact Weacisatildsod Stag.. Beesadx II /03/911 25> 0 O itFFERRECORDING MAIL TO: Na„), CENTRAL PIRE1' SOUND REGIONAL TRANSIT A[llfi(RITY Address, 7 ton SFfl P fl AVE_ , Sf1TTF. SOD City l Siat _ SEATTLE, NA 98101 -3423 I)ncument Tide(s): (or transactions contained therein) 1. 2. 3. 4. TEMPORARY EASEMENT IN GROSS I Reference Number(s) of Documents assigned or released: rf ❑ Additional numbers un page of document First AmericanTille Insurance Company ►Jo. 311 1 aa--5 1ST AM-S (thu stare fir nth rtayanv tae only/ Grantor(s): Masi name fiat. then first name and initials) Pf I. MU DD DEVELOPMENT C(•EPANY,.A lastiINGItON CORPORATICN A 2. 3. 4. 5. ❑ Additional names on page of document (iranlee(s): (Last name lira. then fiat tame and initials) 1. CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY 8 2. KING COUNTY RECORDS DO TED 8 N N 2 ti • 3. 4. 5. ❑ Additional names on page of document Abbreviated Legal Description as follows: Ii.c lot/block/plat nr sect ion /township/nngelquafterlyuarfer) SEC:'ION 24 TOWNSHIP 23N RANGE 4E SE QUARTER Sid QUARTER, SECTION 25 TOWNSHIP 23!17 RANGE 4E JNE QUARTER NW QUARTER, AND SECTION 25 TOWNSHIP 23N RANGE 4E SE QUARTER NW QUARTER. Complete legal description is on page q \1, of document Assessor's Property Tax Parcel / Accounl Number(s): 000580- 0013 -03 AND 252304- 9006 -05 NOTE: i hr mrdrmrtrrt order rill rely on the Informatiron on the form. The trap ydll not read the document 01 vnifv the 011 toa.v on t tmgrletenets of the indexing information provided herein. • EXC(SE TAX NOT F'EQ':' EJ ng Co. 3 ofdg Syyjts:cn Deputy 25 x 9811051965 • TEMPORARY EASEMENT IN GROSS (CONSTRUCTION STAGING AND SUPPORT; This Temporary Easement for Construction Staging and Support (the "Easement") is granted this &1 day of November. 1998, by McLeod Development Company, a Washington corporation, ( "Grantor" ) in favor of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority ( "Grantee ") with reference to the following facts: RECITALS: A. Grantor is the owner of certain vacant 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 ( "Lot 1"). B. Grantee is the owner of property located in the city of Tukwila, King County. Washington adjacent to Lot 1, legally described and depicted in Exhibit 13 attached hereto (the "Transit Center Property "). 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 a commuter rail station, parking facilities, and related transit center improvetnents on the Transit Center Property and intends to con- struct other transit - related improvements throughout the Puget Sound region. Grantee requires space for construction staging and support and for related activities for a period that will end on or before April 30, 2000. D. Grantor intends to grant Grantee temporary rights, as described herein, to use Lot ; for such temporary construction staging and support. E. The panics heretofore have entered into a Real Estate Purchase and Sale Agreement, dated November,, 1998 in Section 6 of which, Grantor agreed to convey a temporary construction easement upon Lot 1 (the "Easement ") for the benefit of the Transit Center Property. Grantor and Grantee desire to set forth herein their agreement with respect to Grantee's temporary easement for construction staging and support 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 agnx as follows: I. Recitals Incorporated. Ea :h recital set forth above is incorporated into t'iis Easement as though fully set forth herein. 010 10010 ISM FyaNaedatiasn b Rankle,d0&L0Qd Sivas E.+m ng doe 11/.119% -2- • -- _ - 40 3 25 x 9S11051965 • v • • 2. Grant of Easement. Grantor does hereby make. declare. sell. transfer. convey, warrant and establish a temporary exclusive easement in gross (the "Easement ") over all of Lot 1 for the benefit of Grantee and for the benefit of Grantee's agents, officers, employees, and invitees for the purpose of construction staging and support, including vehicular and pedestrian access to Lot I at all times. During the term of this Easement, Grantee shall be entitled to make any and all use of Lot I necessary or desirable to support and stage for Grantee's construction work on the Transit Center property and other property owned, leased, or otherwise controlled or to be used by Grantee. Such uses may include but are not limited to. parking, storage of equipment. materials, supplies. parking of construction trailers, and roadway detours. Grantee agrees. by its acceptance of this Easement. to indemnify and defend Grantor, any person who from time to time holds a direct or indirect ownership interest in Grantor and any person who from time to time holds a mortgage hen on Grantor's property against any claim or liability that may be asserted against one or more of them arising from or in connection with Grantee's activities on the Easement Area pursuant to this Easement and all related damages, costs and expenses except to the extent caused by or resulting from Grantor's sole negligence and except, where such claim or liability results from the concurrent negligence of Grantor, its agents or employees and Grantee. its agents or employees, to the extent of Grantor's negligence. Grantor and Grantee acknowledge that these indem- nity provisions have been mutually negotiated by the parties. Grantee specifically and expressly waives its immunity under industrial insurance Title 51, RCW as to amounts that Grantor may claim pursuant to this paragraph. 3. Term. This easement shall be effective from the date of its joint execution and shall expire on April 30, 2000, if not terminated earlier as described herein. 4. Termination. Grantee may terminate this Easement by written nonce to Grantor at any time. In such event. the parties shall, at Grantor's request, record a ter- mination of easement in the King County real property records. 5. Condition of Easement. Grantee agrees, at its sole cost and expense. to remove any and all personal property from Lot I and to restore Lot 1 to its original con- dition at the expiration or earlier termination of this easement. Grantee shall indemnify and hold harmless Grantor from any and all claims. losses, expenses to the extent they arise from Grantee's failure to comply with the obligations set forth in this paragraph 5. 6. Binding Effect. The Easement granted hereby is solely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, 010 100 10 InChanxBItcal Fy,lttamb0C mry R..Mds°d'Mtlad Sups EaftmeM Ox II /49$ Ila -3- 25 X • W • shall run with the land, shall burden Lot 1 and shall be binding upon and the Grantor and its 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. 7. Recording. This Easement shall be recorded in the real property records of King County, Washington. 8. Costs and Auomevs' Fens. The parties henxo 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 patty to comply with the terns, 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 there- with, including. but not limited to, reasonable attorney's fees (including paralegal fees and fees for any appeals) and court costs. 9. Notices. Any and all notices or other communications required to per- mitted by this Easement or by law to be delivered to, served on or given to either party to this Easement by the other patty to this Easement, 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 Grantor : McLeod Development Company N 213 Lake Street South Kirkland, Washington 98033 eel '!♦ With a copy to: James A. Greenfield Davis Wright Tremaine 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 If to Grantee : Central Puget Sound Regional Transit Authority 1100 Second Avenue, Suite 500 Se tttle, Washington 98101 Attn: Jeri Cranney, Division Manager. Real Estate Facsimile No. (206) 689 -3526 wtoICO 10 ISAMmasNlaal rstaudliralCem.+eaor l..dwrtea+wo.oEasamudoc III/ -a- • • With a copy to: 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. 10. Amendment. This Easement may not be modified, amended or terminated without the prior written approval of the then owners of Lot 1 and the Grantee, its successors in interest, or assigns. 11. 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. 12. lens. The captions and paragraph headings contained in this Ease- ment are for convenience and reference only and in no way define, describe, extend or 11i limit the scope or intent of this Easement, nor the intent of any provision hereof. 13. Governing Law. This Easement shall be governed by and construed in rl U1 accordance with the laws of the State of Washington. 14. Miscellaneous. 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 Asuccessors and assigns. o10.100101AAuedanl F..sa.+1Camolc RaMldcaJM I. aiswain Erecrotadoc I IONS • Alb -5- 25X1 IN WITNESS WHEREOF, this Easement is executed by the parties, intended to be legally bound as of the date first written above. GRANTOR MCLEOD DEVELOPMENT ,% PANY By Name: S ART M. CIEOD Title: P.GL`s /D� GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By ame: ROBERT K WHITE Title: Executive Director Approved as to Form: 1110 IOU. IQ IS SlesdR Il Emmet mi Kaama wroddeedweleed Sup. Eneas.da MCI ^ - _ - - aiNf)tlOeldll/ddllOdldeNacL� : -: Ink -6- 25X M g On this 4a day of November, 1998, before me. a Notary Public in and for the rl State of Washington, personally appeared Robert K. White, personally known to me (or N proved to me on the basis of satisfactory evidence) to be the person who executed this 0 instrument, on oath stated that he was authorized to execute the instrument, and ri acknowledged it as the Executive Director of CENTRAL PUGET SOUND REGIONAL rl 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. STATE OF WASHINGTON COUNTY OF KA On this a • w • ) ss. • is y of November. 191.8.fiefore me,ANotag,Public in and for the State of Washington, personally appeared J71Ft2 t M. /7`4.cta known to me (or proved to me on the basis of isfactory evidence) to be the person who executed this instrument, on oath stated was uthorized to execute the instntment, and acknowledged it as the r CS/ en r of MCLEOD DEVELOPMENT COMPANY to be the free and voluntary act and dad 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. STATE OF WASHINGTON COUNTY OF KING ) ss. ;l•,r, r. • A' PUBLIC in an j ' t . ate of Washington, residing at . , /t ►- My appoint e3ptres � 7/y1 41. Print N v %M�rey hi. �ZdAd. d.�.��'.' NOTA It PUBLIC in and for the State of Washington, residing at My appointment expires 412 Ofo Print Name A/aJC f 4. r* %IR Wit irvr atol EstaseLordsCoramier IlaaMicleothlesol Sups, II/ .• • -7- 25 x N O rl wl fri • go EXHIBIT A (Lot l) 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. W o eo.e0.I3■Simataed 6erei ire'Caemrer ItaiMlet.odMctced Soda Eream hoc I I/JAS -8- • • w • xWBIT B (The Transit Center Property) LOT 2: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SEC'T'IONS 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 -0F -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 !l7 A POINT 20 FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE OF THE ABOVE DESCRIBED "Y"; O THENCE NORTH 87°08'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET vet SOUND POWER & LIGHT RIGHT-OF-WAY TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87 °08'04" EAST 124.74 FEET TO WESTERLY tri MARGIN OF UNION PACIFIC RAILROAD RIGHT -OF -WAY; tal G7 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. 010 100 '0 I3•0:4 kaIEslanilndaNCoremer UAWLe.dwclend Stipp Fi,eestidec 11 ARS -9- 25> • W • • 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 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; CIA EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: r1 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND O PACIFIC RAILROAD RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF A 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. WO 10D 10 Mbar Ma/ Esiortmd rumime. wdwcic e'Nclacd Saws Fay ibc Il, -10- • LOT 3 • ALL THAT PORTION OF GOVERNMENT LOT I I AND ALL TIIAT 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 RIGITT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM: ON THE NORTH 13Y 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 RIGIIT -OF -WAY: THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM: THENCE NORTIIEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF SO 1TF.'T: THENCE WESTERLY PARALLEL \VITI-I 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. 1010 IIXI 10 1SKItamdlRrnl liunitAlind3Wormillner ROII0 t l er.INfel coel Simple Fa'ement iloc nnrox -10- Z Q . r4 2 6 =Z `~ W 00 CO J W W ? � F Z F = - 1- 0 W H • 0 U O - O 1- W W H H IL O ,. Z w O ~ Z