HomeMy WebLinkAbout1993 - Easement Agreement - City of Seattle / McLeod Development Company - 93051820539305182053
SEATTLE WATER DEPT
710 - 2nd AVE
ECEWED
JUN 0 81999
DEVELOPMENT
10th FLR. EASEMENT agreement
SEATTLE, WA . 98104
THIS AGREEMENT, made this day by and along THE CITY OF
SEATTLE, a municipal corporation of the State of Washington,
hereinafter called "City ", and MCLEOD DEVElOPMENT COMPANY, a
Washington corporation, and STUART MCLEOD, a single man,
hereinafter collectively called "Grantees ", WITNESSETH:
That for and in consideration of Grantees' conveyance to the
City of two 10 -foot wide easements abutting the City's 30 -foot
wide Cedar River Pipeline No. 4 Right -of -Way (CRPL /4 R /W),'and
other valuable considerations, it is agreed by and between the
parties hereto as follows:
1. City hereby grants to Grantees one 30 -foot wide
easement and one 90 -foot wide easement for roadway, pedestrian
access, and storm drainlines over, under and across e portion of
City's 30 -foot wide CRPL 14 R /W, said easements being described
as follows:
8
0
F3
EASEMENT 1:
In THE EAST 30 FEET OF THE WEST 40 FEF:i OF THE CRPL #4
Cl (FORMERLY BOW LAKE PIPE LINE) 30 -FOOT WIDE, FEE -OWNED
RIGHT -OF -WAY LYING EAST OF THE UNION PACIFIC RAILROAD
AND WEST OF THE BURLINGTON NORTHERN RAILROAD IN THE
4 NORTHWEST QUARTER, SECTION 25, TOWNSHIP 23 NORTH, RANGE
0 4 EAST, W.M., CITY OF T —WILA, COUNTY OF K:CNG, STATE OF
f'l WASHINGTON;
EASEMENT 2:
THE WEST 90 FEET OF THE EAST 115 FEET OF THE CRPL i4
30 -FOOT RIGHT -OF -WAY, LYING EAST OF•THE UNIOON PACIFIC
RAILROAD AND WEST OF THE BURLINGTON NORTHERN RAILROAD
IN THE NORTHWEST QUARTER, SECTION 25, TOWNSHIP 23
NORTH, RANGE 4 EAST W.N., CITY OF TUK'WILA, COUNTY OF
KING, STATE OF WASHINGTON;
to, from and for the benefit of the appurtenant following -
described real property:
PARCEL 1:
THAT PORTION OF HENRY HEADER DONATION CLAIM NO. 46 IN
SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.H.,
LYING WEST OF THE BURLINGTON - NORTHERN RAILROAD RIGHT -OF -WAY,
EAST OF THE OREGON- WASHINGTON RAILROAD AND NAVIGATION
COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE 137 FEET SOUTH OF
THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF TEE CITY
OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
WASHINGTON;.
PARCEL 2:
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT '
PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE
NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN
SECTION 25, TOWNSHIP 23 NORTH, 'RANGE 4 EAST W.M.,
BOUNDED AS FOLLOWS:
EXCiSE TAX NOT REQUIRED
).iii -;f <<
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ON THE WEST THE CHICAGO, MILWAJKEE AND ST. PAUL RAILWAY
HAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DROWN PARALLEL WITH AND DISTANT
50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON
NORTHERN RAILROAD COMPANY'S OLD !WIN LINE TRACK
CENTERLINE AS NOW LOCATED AND C0.4STRUCTED;
ON TEE 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 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 & PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH
LINE OF. SAID DONATION CLAIM;
THENCE NORTHERLY 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 CHICAGJ, NILWAUREE, ST. PAUL k
PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIG;fT -OF -WAY TO
THE POINT OF BEGINNING;
EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO ::XPLORE
FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED
UNDER KING COUNTY RECORDING NOS. 6404050908 AND
8404050909:
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE
OF WASHINGTON.
McLeod Development Company is t *u holder of a ground
leasehold interest in Parcel One of the Grantees' property
described above pursuant to a Ground Lease dated as of March 12,
1990 between Helen B. Nelsen and McLeo4 Development Company, a
Memorandum of which was recorded March 12, 1990 under King County
Recording No. 9003121658 (the "Ground Lease Parcel "). In the
event that McLeod Development Company acquires a fee simple
interest in the Ground Lease Parcel, the easements granted herein
shall automatically and without further action being required by
either City or Grantees be deemed to have been granted to, from
and for the benefit of McLeod Development Company's fee simple
interest in the Ground Lease Parcel.
2. City retains, in its ownership of the underlying fee,
the right to grant or deny permission to use or occupy the
easement areas for any other .purpose, including use by non -City
utility agencies; provided that such use or occupancy shall not
materially conflict with the roadway, pedestrian, and drainline
purpoeee herein granted; and provided that such non -City utility
agencies shall be required to restore said roadways to a
reasonably good condition. In the event City grants permission
to non -City utilities to use or occupy the eaeement areas, City
shall use reasonable efforts to endure notice to Grantees prior
to any such use or occupancy.
K -n
3. It ie understood and agreed that the paramount use of
the CRPL /4 R /W, including the subject easement arses, is for
water utility purposes. Any use of or action within said right -
supply that in endangers or beotolera tolerated and
shallyimmediately cease and desist. Should Grantee's use or
approve damage ting'b facilities,
Superintendent of Water, must be
lSuvceutaken
approved in writing by p
at no cost to the City. Should Grantee'suoe ortactiins continue
b
to jeopardize City facilities, City may, y
action, terminate this easement.
4. City shall have the right to install, repair, replace,
maintain, operate and make lateral connections to any of its
pipelines and related facilities or any other City improvements
within paid easement areas; groVidei( that Grantees shall be
notified in advance of any such work, except when an aeergency
exists. City shall exercise its best efforts to ensure that any
ouch City activity does not unreasonably interfere with Grantees'
use or occupancy of the eaeement areas or with activities on or
access to Grantees' Property. Grantees shall proceed to take
such action(s) as may be necessary to ensure the integrity of
Grantees' improvements and the safety of the public. City shall
not be liable for damage to roadway, storm drainline facilities
or other Grantees' improvements within the easement areas, or for
the relocation of said roadway, storm .arainline facilities, or
ork or
other of Grantees' improvements by reason of�suchnworkgorce or
operations except to the extent caused by y
willful misconduct. Grantees shall not bo entitled to payment
for damages for any loss of use of said easement areas during
C'1 such City work or operations.
1!)
O 5. Grantees shall be responsible for the design;
construction, maintenance, repair, and safety of said roadways,
pedestrian access ways, and storm drainage facilities within the
v easement areas, which shall be at no cost or expense to City.
Ca Tha use of the easement areas by Grantee for roadway, pedestrian
C') walkways, and storm drainline purposes shall in no way interfere
Q) with the present or future use of said property by City for
overhead or underground electrical transniesion or distribution
facilities, for water pipelines or for any other purposes;
provided however, that the City's uses shall not materially
interfere with Grantees' uses.
6. It is expressly understood and agreed that before any
construction, improvement or subatantiel repair of roadway end /or
storm drainage, or pedestrian walkway facilities within the
easement areas are made by Grantee's or thoir agents, plans shall
be supplied to City's Water Department for approval prior to the
commencement of work. Such plans shall indicate the permanent B
grade established and depth of cover over any existing P P e
and other existing utilities, and shall show the drainage pattern
within the vicinity. No such construction or improvements for
roadway, pedestrian access and /or storm drainage purposes shall
be undertaken without the approval, in writing, of City's
Superintendent of Water, which approval shall not be unreasonably
withheld. At least seventy -two (72) hours' notice shall be
given to City Water Department's Hendworks Crew Chief at Lake
Youngs (255 -2242) prior to performance of any construction or
improvements.
7. A minimum of four (4) feet of cover to the finished
roadway grade shall be established over the pipelines at the
final grade. Maximum.cover shall not exceed five (5) feet unless
approved, in writing, by the City's Water Department. •
9305182053
8. All alterations, moving or adjusting of pipelines
and /or other City facilities required by the construction of
improvements for roadway, pedestrian accosa and /or storm drainage
purposes undertaken by Grantees shall be performed by City at no
cost to City.
9. It is understood and agreed that the purpose of this
Easement Agreement is to allow Grantees to provide for two
roadway and pedestrian crossings for access to and from the
property abutting both sides of the City's CRPL f4 R /W, and to
provide for storm drainlines . It is further agreed that there
shall be no changes in the use of the easement areas, and that
no structures of any kind shall be placed or permitted to remain
within said easement areas except by prior written permission
from the City's Superintendent of Water. Grantees agree to
maintain the easement areas in a neat, clean and safe condition
at all times.
10. Grantees shall be liable for, and pay throughout the
term of this use, all taxes and assessments on the improvements
of Grantees installed, operated and maintained on the easement
areas, any taxes on any property interest deemed by the County
Aeaessor, or other official of the State of Washington or other
taxing entity responsible therefor, created by this Easement
Agreement and shall otherwise fulfill al' fiscal obligations
required by law.
11. To the Silliest extent permitted by law, Grantees agree
for themselves and their succeasors and aaeigne, to defend,
indemnify and save harmless City, City's elective and appointed
officials and employees from and against any and all claims,
actions or damages of any kind or description, including the cost
of defense thereof, which may accrue to or be suffered by any
person, persona or property by reason of Grantees' negligence in
the use of the easement areas or in the exorcise of the rights
and privileges granted under this Easement Agreement.
12. Grantees agree at all times to maintain for the
protection of the City a liability insurance policy, such policy
and the insurer to be subject to approval by the City, naming
the City as an additional insured, with minimum limits of
$1,000,000 combined single limit for property damage and personal
injury and $1,000,000 annual aggregate, insuring against loss or
damage arising out of or resulting from the use and occupancy of
the easement areas by Grantees, or from any defect or condition
upon the Easement or in maintenance of the easement areas, and to
furnish the City's Superintendent of Water with certificates
evidencing that such policies are in effect, and that the
coverage afforded the City of Seattle under such policy shall not
be reduced, terminated or cancelled until ten (10) days after
receipt of notice thereof by the Superintendent of Water. Should
such insurance policy not be maintained in effect or be
cancelled, the Superintendent of Water may revoke this easement
immediately.
13. City nay, from time to time, upon written notice to
Grantees, increase or otherwise alter the insurance coverages
required under paragraph 12 as reasonably required in order to
maintain substantially equivalent levels of protection for the
activities contemplated under this Agreement.
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14. In the event of a default or failure of performance by
Grantees of any term or condition hereunder (other than as'
provided in paragreohs 3 and 12), Grantees shall have thirty (30)
days after written notice to Grantees by the City to cure the
default; provided, however, if the cure cannot reasonably be
completed within such thirty (30) day period, Grantees shall have
such longer period as is reasonably necessary to cure the default
so long as Grantees commence the cure within the thirty (30) day
period and thereafter complete the cure with due diligence.
15. Grantees have inspected and examined the physical
condition of the easement areas including improvements thereon,
and accept the easement areas in their present condition, and any
expense incurred in mutually agreed -upon alterations,
improvements or repairs, in the easement areas shall be borne by
the Grantees. Grantees covenant that no representations•,
statements or warranties, express or implied, have been made by
or on behalf of City with respect to the condition of the
easement areas or the use or occupancy th ^.t may be made thereof,
and that the City shall in no event be or become liable to
Grantees for latent or patent defects in the easement areas.
Grantees shall not deposit or store any type of toxic or
dangerous or hazardous waste or substance in '_ ?.e easement areas.
16. Notwithstanding anything to the contrary herein, City
shall indemnify end defend Grantees from and _against any present
or future claim against Grantees ralatincx to any type of toxic or
hazardous or dangerous waste or substance in the easement areas
caused by City.
17. In the event Grantees or their heirs, eucceesors or
assigns ceases to use the easement areas for roadway and storm
drainage • purposes, as evidenced by abandonment, the Easoaent
granted heroin shall forthwith terminate; Droyided however, that
City shall give Grantees notice of any such termination and if,
within sixty (60) days of receipt of such notice, Grantees give
notice of its intent to continue use of the easement areas, the
Easement shall not be teroinat.d.
18. Grantees may encumber Grantees' interest in the
easement areas under one or more mortgages or deeds of trust
( "Mortgages ") in favor of one or more mortgagees ( "Mortgagtas ");
provided that City's interest in the easement areas shall not be
subordinated or subject to any Mortgages. If Grantees provide
the name and address of any Mortgagees to ,:ity, City shall
provide a copy of any notice required or permitted to be given
hereunder to such Mortgagees and any such notice shall not be
effective until such copies are provided to the Mortgagees.• From
and after such notice has been given to Mortgagees, such
Mortgagees shall have the same period, after the giving of such
notice upon them, for remedying any default or acts or omissions
which are the subject matter of such notice or causing the same
to be remedied, as is given Grantees hereunder. The City shall .
accept such performance by or at the instigation of such
Mortgagees as if the same had been done by Grantees. The City
shall not terminate this Easement Agreement during such time as
any Mortgagee, within thirty (30) days after City'a notice of
default to such Mortgagee, commences and thereafter continuously
and diligently prosecutes the cure of defaults which can
reasonably be cured without obtaining possession and as to other
defaults commences and thereafter continuously and diligently
prosecutes appropriate proceedings for foreclosure or other
enforcement of the liens securing ouch mortgage loan and, upon
obtaining possession or appointment of a receiver, promptly
commences and thereafter diligently prosecutes the cure of any
such defaults.
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19. Any notice required or permitted to be given hereunder
shall be in writing and shall be delivered poreor_a11y or eent by
-first class United States mail, postage prupaid, to the address
of the party to be notified. Notice shall be effective when
received. For p.'rposea of notice, the addresses of the parties
shall, until changed as hereinafter provided, be as follows:
If to City:
Seattle Water Department
Attn: Real Property Services
710 Second Avenue
Dexter Horton Building, 10th Floor
Seattle, Washington 98104
If to Grantees: McLeod Development Company
213 Lake Street South
Kirkland, Washington 98033
with a copy to all Mortgagees whose addressee have been provided
to City. Either party may at any tithe cha,lga their respective
addressee, by providing written notice to the other party.
20. This agreement and each of the terns, provisions,
conditions and covenants herein shall run with the land and be
binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
MrcAr114 w
9305182053
IN W TNESS WHEREOF, pursuant to the provisions of Ordinance
No. //6>r,77 of The City of Seattle, said City has caused this
instrument to be executed by its Superintendent of Water.
Dated this 11-Th day of Mai
MCLEOD DEVELOPMENT CO
By
By
STU •T .' OD, Pres dent
19 9,
ANY THE CITY OF SEATTLE
STATE OF WASHINGTON )
ss.
COUNTY .OF KING )
By
ROB •' P. GR.'CZNACK
Superintendent of Water
..
On this 2( day of {� 6.,,.. , 1994, before me, a
Notary Public in and for the State o Washington, personally
appeared STUART McLEOD, personally known to me (or proved to Mb
on the basis of satisfactory evidence) to be the person who
executed this instrument, on oath atc.ted that he was authorized
to execute the instrument, and acknowledged it am the President'
of McLEOD DEVELOPMENT COH.pANY 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 sot my hand
seal the day and year first above written.
and ofti.jt,al
NOTAR PUBLIC in and for
of Washington, residing
My appointment expires
.7.
the'_.Sta.e
at *7r trrx.4.rII0,:
._
9395182053
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STATE OF WASHINGTON )
COUNTY OF KING ) //
On this X74 day of ;- , 1991, before me, a
Notary Public in and for the State qK Washington, personull,•
appeared STUART 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 hot 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
GB.
NOTARY UBLIC in and for the State';
of Was ington, residing at jc,-4 . L-
My appointment expires
• I certify that 1 know or have satisfactory evidence tlat
ROBERT P. GRONCZNACK signed this instrument, on oath stated that
he was authorized to execute the instrument and acknowledged it
as the Superintendent of Water of THE CITY OF SEATTLE to be the•.
free and voluntary act of said municipal corporation for the uBOq;:'
and purposes mentioned in thie instrument.
A„J
St Y PUBLIC in and for the States ";',:
of Washington, residing at 9r..:
My appointment expires jp[3o 5
4-