HomeMy WebLinkAbout1991 - Easement - Gaco Western - 9108151408i'
EASEMENT
This indenture, made this a4i�b. day of 1 �z 19 between KING
COUNTY, WASHINGTON, THE CITY OF TUKWILA, WASHINGTON, and THE GREEN RIVER FLOOD
CONTROL ZONE DISTRICT as tenants in common, hereinafter referred to as "GRANTEE"
and GACO WESTERN, INC., a Washington corporation, hereinafter referred to as
"GRANTOR
WITNESSETH that the GRANTOR, for good and valuable consideration, receipt of
which is acknowledged, and by the benefits which will accrue to the land of the
GRANTOR by the exercise of the rights herein granted, do hereby demise, release and
quitclaim unto GRANTEE, its successors, assignees, licensees and permitees a perpetual
CC and assignable right and easement for the purposes hereinafter stated, over and
C through, under, along and across all or any part of that certain parcel of land situated in
King County, State of Washington, described in Exhibits A and B.
Said right and easement are for the following purposes: The right to enter upon
CO the above- described land to construct, maintain, repair, operate, patrol and replace a
flood protection levee, including all appurtenances thereto; reserving however, to the
CM owners, their heirs and assigns, all such rights and privileges in the land as may be used
without interfering with or abridging the rights and easement hereby acquired; subject,
however, to existing easements for public roads and highways, public utilities, railroads
and pipelines.
w r It is understood and agreed that GRANTEE and /or the United States, their
contractors or agents, shall have the right to appropriate from the land above described,
p o such timber, rock, earth or gravel as may be necessary for the construction or repair of
said bank protection and /or 'flood control works.
If, in the event of exercise of the rights of grantees of the Easement, the soils,
Z lawns, landscaping, awing, drainage, sprinkling, and /or other site improvements of the
easement area are displaced, damaged or disrupted, the City of Tukwila shall repair and
;a+ restore such easement property to the condition substantially equivalent in appearance
VU and function to the condition of the easement property prior to the exercise of the rights
.r, of grantees.
rl� The consideration above mentioned is accepted as full compensation for all
damages incidental to the exercise of the rights above granted.
To have and to hold, all and singular the said easement and right -of -way, together
with appurtenances, unto GRANTEE, its successors, assigns, licensees and permitees.
IN WITNESS WHEREOF GRANTOR GACO WESTERN, INC a Washington
corporation hereunto set their hand, the day and year above written.
:V
rte
GACO WESTERN. INC. T
GRANTOR
EXCISE TAX NOT REQUIRED By: o
.J
King Cd. Records Division �_Y esid nt
By J` (/�AU6 By� Secreta
STATE OF WASHINGTON
ss
County of King
On this .-;Z4;d, day of V� 19 personally ap before me
44ZRR.D and 4o6 .ve t to me known to be the PRESIDENT and
SECRETAAY ofThe corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that
he /she was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
NOTAY PUBLIC in and for the
State of���
Residing at
My commission expires o 9s
XXI
EXHIBIT A 0
Green River Levee
City of Tukwila Project No. 86 -DR21
Legal Description for Proposed Levee Easement
GACO Western Property Title Nos. 136368 and 136369
That portion of the following described Tract
width and having 15.0 feet of width on each
existing levee.
"X" lying within a strip of land 30.0 feet in
side of the centerline of the top of the
Tract "X"
That portion of Government Lot 6, Section 35, Township 23 North, Range 4 East, W.M.,
in King County,Washington, lying southeasterly of the southeasterly margin of County
Road Southcenter Parkway, formerly 57th Avenue South and southwesterly of a line
described as follows:
Commencing at a point from which the southwest corner of said Government Lot 6 bears
S0 °58' 10 "W 313.17 feet and N89 °01'50 "W 505.54 feet, said distances being measured
respectively at right angles to and along the south boundary line of said Government Lot,
said point being marked by an iron pipe set by R.W. Jones and Associates on October 4,
1966;
CC Thence N67 0 36'00 "W 1.46 feet, more or less, to the southeasterly margin of said County
O Road and the True Point of Beginning of the herein described line;
Thence S67 °36'00 "E 1.46 feet, more or less, to said iron pipe;
Thence continue S67 0 36'00 "E 248.63 feet to a concrete monument set by R.W. Jones and
co Associates on October 4, 1966;
Thence continue S67 0 36'00 "E to the bank of the Green River and the terminus of the
0") herein described line.
ALSO that portion of Government Lot 7, Section 35, Township 23 North, Range 4 East,
W.M., in King County, Washington, lying southeasterly of County Road Southcenter
Parkway, formerly 57th Avenue South) and lying northeasterly of a line established of
Statutory Warranty Deed recorded August 3, 1973, under Recording Number 7308030425,
said line being more particularly described as follows:
EXI:IBIT A XXI
(Continued)
Beginning at a point from which the northwest corner of said Government Lot 7 bears
SO °58' 10 "W 31117 feet and N89 °01'50 "W 505.54 feet, said distance being measured
respectively at right angles to and along the north boundary line of said Government Lot,
said point of beginning is marked by a concrete monument which is indicated as Point "A"
on survey drawing by R.W. Jones and Associates, Engineers and Surveyors, dated October
6, 1966, and entitled Boundary and Topographic Survey of a portion of Government Lots 6
and 7, Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington;
Thence S67 °36'08 "E 24.8.63 feet to a concrete monument set by said engineers and
surveyors on October 4, 1966, and indicated as Point "B" on said survey drawing;
Thence S23 °57'22 "W 208.79 feet to a concrete monument also set by said engineers and
surveyors, said monument marking the intersection with a line at right angles, said line to
be referred to hereinafter in this description as the southwesterly line of the Gaco- Western
Tract;
Thence continuing S23 °57'22 "W 138.76 feet;
Thence N66 °02'38 "W along a line parallel to said southwesterly line of the Gaco- Western
Tract 5.39 feet to a concrete monument;
Thence continuing N66 °02'38 "W 244.61 feet, more or less, to an intersection with the
southeasterly line of 57th Avenue South;
Thence southwesterly along said road margin 5.14 feet, more or less, to an intersection
with the northwesterly extension of the northeasterly face of the Alaska Seavan Building
CC and the True Point of Beginning of the line herein described;
Thence S66 °02'38 "E along said extension and along said northeasterly face of said
L� building and along the southeasterly extension of said building line 280 feet, more or less,
to the bank of the Green River and the terminus of the herein described line.
Co
C) End of Tract "X"
NEe SE
SW 1 /4 of SEC. 35 1 N.,RG. a E.,W.M.
K I N G COUNTY, WASHINGTON
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GACO WESTERN INC.
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When recorded return to:
Name:
Address:
City,State,Gip:
WISCONSIN
STATE OF WSW MGW T
ss
County of King Waukesha
4+ 3. 409
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SUBORDINATION AGREEMENT
WHEREAS, the undersigned subordinator agrees as follows:
4t
BANDO McGLOCKLIN CAPITAL CORPORATOIN, referred to herein as "SUBORDINATOR is the
Ln possessor of a deed of trust, dated June 21, 1989, which is recorded under Recording No.
Co 8906230002, records of King County.
C7
WHEREAS, GACO WESTERN, INC., a Washington corporation, referred to herein as
c� OWNER is the owner of all the real property described in the deed of trust identified above
and in Exhibits A and B.
WHEREAS, OWNER has granted to KING COUNTY, WASHINGTON, THE CITY OF
TUKWILA, WASHINGTON, and THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT as tenants in
L common, their successors, assigns, licensees and permitees, a perpetual and assignable
,J right and easement for the purposes hereinafter stated, over and through, under, along and
g�- across all or any part of that certain parcel of land situated in King County, State of
J Washington, described in Exhibits A and B:
Said right and easement are for the following purposes: The right
ch to enter upon the above described land to construct, maintain,
'Z "X a repair, operate, patrol and replace a flood protection levee,
including all appurtenances thereto; reserving however, to the
owners, their heirs and assigns, all such rights and privileges in
the land as may be used without interfering with or abridging the
CO rights and easement hereby acquired; subject, however, to
existing easements for public roads and highways, public utilities,
railroads and pipelines.
.NOW THEREFORE, the SUBORDINATOR does hereby subordinate all priority rights
in the deed of trust, identified above, to the easement rights granted to KING COUNTY
WASHINGTON, THE CITY OF TUKWILA, WASHINGTON, and THE GREEN RIVER FLOOD CONTROL
ZONE DISTRICT as tenants in common, their successors, assigns, licensees and permitees, as
described in and for the purposes herein stated.
Dated Q 19(�`
BANDO P1 OCKLIN /C2AIT C ORPORATL{1�.
by: ��a� -U. Y
SUBORT AT OR George Schonath y
(Title)
r
z
1.
On this 24th day of June 19 91 personally appeared before me
George Schonath to me known tome the Chairman of the Board of the
corporation t�t executed witTiin and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that he /she was authorized to execute said
instrument.
IN WITNESS WHERE 4. have hereunto set my hand and affixed my official seal
the day and year first abort►
N.0'I" RY PUBLIC in and for the
MARY M. BLOCK
V
State of Wi sconsi n
.Residing at Milwaukee County
y commission expires June 13. 1993
z
1.
On this 24th day of June 19 91 personally appeared before me
George Schonath to me known tome the Chairman of the Board of the
corporation t�t executed witTiin and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that he /she was authorized to execute said
instrument.
IN WITNESS WHERE 4. have hereunto set my hand and affixed my official seal
the day and year first abort►
N.0'I" RY PUBLIC in and for the
MARY M. BLOCK
V
State of Wi sconsi n
.Residing at Milwaukee County
y commission expires June 13. 1993
EXIIII3I'I' A.
Green River Levee
City of Tukwila Project No. 86 -DIt21
Legal Description for Proposed Levee Easeinetit
GACO Western Property
That portion of the following described Tract "X" lying within a strip of land 30.0 feet in
width and having 15.0 feet of width on each side of the centerline of the top of the
existing levee.
Tract "X"
That portion of Government Lot 6, Section 35, Township 23 North, Range 4 East, W.M.,
in King County,Washington, vying southeasterly of the southeasterly margin of County
Road Southcenter Parkway, formerly 57th Avenue South and southwesterly of a line
described as follows:
Commencing at a point from which the southwest corner of said Government Lot 6 bears
S0 °58' 10 "W 313.17 feet and N89 °01'50 "W 505.54 feet, said distances being measured
respectively at right angles to and along the south boundary line of said Government Lot,
said point being marked by all iron pipe set by R.W. Jones and Associates on October 4,
1966;
Thence N67 °36'00 "W 1.46 feet, more or less, to the southeasterly margin of said County
Road and the True Point of Beginning of the herein described line;
Thence S67 36'00 "E 1.46 feet, more or less, to said iron pipe;
Thence continue S67 °36'00 "E 248.63 feet to a concrete monument set by R.W. Jones and
Associates on October 4, 1966;
Thence continue S67 °36'00 "E to the bank of the Green River and the terminus of the
herein described line.
ALSO that portion of Government Lot 7, Section 35, Township 23 North, Range 4 East,
W.M., in King County, Washington, lying southeasterly of County Road (Southcenter
C3Tarkway, formerly 57th Avenue South) and lying northeasterly of a line established of
tatutory Warranty Deed recorded August 3, 1973, under Recording Number 7308030425,
.—said line being more particularly described as follows:
U
co
CD
XXI
(Exhibit A. cont.)
Beginning at a point from which the northwest corner of said Government Lot 7 bears
S2 °58' 10 "W 313.17 feet and N89 °01'50 "W 505.54 feet, said distance being measured
respectively at right angles to and along the north boundary line of said Government Lot,
said point of beginning is marked by a concrete monument which is indicated as Point "A"
on survey drawing by R.W. Jones and Associates, Engineers and Surveyors, dated October
6, 1966, and entitled Boundary and Topographic Survey of a portion of Government Lots 6
and 7, Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington;
Thence S67 36'08 "E 248.63 feet to a concrete monument set by said engineers and
surveyors on October 4, 1966, and indicated as Point "B" on said survey drawing;
Thence S23 °57'22 "W 208.79 feet to a concrete monument also set by said engineers and
surveyors, said monument marking the intersection with a line at right angles, said line to
be referred to hereinafter in this description as the southwesterly line of the Western
Tract;
Thence continuing S23 57'22 "W 138.76 feet;
Thence N66 02'38 "W along a line parallel to said southwesterly line of the Gaco- Western
Tract 5.39 feet to a concrete monument;
Thence continuing N66 °02'38 "W 244.61 feet, more or less, to an intersection with the
southeasterly line of 571h Avenue South;
Thence southwesterly along said road margin 5.14 feet, more or less, to an intersection
with the northwesterly extension of the northeasterly face of the Alaska Seavan Building
and the True Point of Beginning of the line herein described;
M Thence S66 °02'38 "E along said extension and along said northeasterly face of said
am
C building and along the southeasterly extension of said building line 280 feet, more or less,
to the bank of the Green River and the terminus of the herein described line.
CO End of Tract "X"
c
s
x
When recorded return to:
Name:
Address:
City,State,Gip:
SUBORDINATION AGREEMENT
WHEREAS, the undersigned subordinator agrees as follows:
i1:1=, 10 P
10 Q0
/0
XXI
FIRST INTERSTATE BANK OF WASHINGTON, N.A., referred to herein as "SUBORDINATOR", is the
holder of a security interest in personal property, dated January 3, 1990, which is recorded
under Recording No. 9001030515, records of King County.
O
WHEREAS, GACO WESTERN, INC., a Washington corporation, referred to herein as
tt OWNER is the owner of all the real property described in the security instrument
In identified above and in Exhibits A and B.
co
CD WHEREAS, OWNER has granted to KING COUNTY, WASHINGTON, THE CITY OF
TUKWILA, WASHINGTON, and THE GREEN RIVER FLOOD CONTROL ZONE DISTRICT as tenants in
common, their successors, assigns, licensees and permitees, a perpetual and assignable
right and easement for the purposes hereinafter stated, over and through, under, along and
across all or any part of that certain parcel of land situated in King County, State of
Washington, described in Exhibits A and B:
Said right and easement are for the following purposes: The right
to enter upon the above- described land to construct, maintain,
repair, operate, patrol and replace a flood protection levee,
including all appurtenances thereto; reserving however, to the
owners, their heirs and assigns, all such rights and privileges in
uj the land as may be used without interfering with or abridging the
rights and easement hereby acquired; subject, however, to
existing easements for public roads and highways, public utilities,
s railroads and pipelines.
NOW THEREFORE, the SUBORDINATOR does hereby subordinate all priority rights
in the security instrument, identified above, to the easement rights granted to KING
<w COUNTY, WASHINGTON, THE CITY OF TUKWILA, WASI- IINGTON, and THE GREEN RIVER FLOOD
CONTROL ZONE DISTRICT as tenants in common, their successors, assigns, licensees alld
permitees, as described in and for the purposes herein stated.
Dated T U L y j o f' 19
SUBORDINATOR
(Title)
0
co
STATE OF WASHINGTON
ss
County of King r
rd
L/ 71
On this �d day of 19 personally appeared before me
to me known tome theAss�,Sfr�rf to of the
corpora�On Chat execute witTiin and foregoing instrument, and acknow a ged said
instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that he /she was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
NOTARY PUBLIC in and for the
State of g�/,1.,i1�_J
Residing at se.•44e7,`
My commission expires
EX11113IT A.
Green River Levee
City of Tukwila Project No. 86 -DR21
Legal Description for Proposed Levee Easement
GACO Western Property
That portion of the following described Tract "X" lying within a strip of land 30.0 feet in
width and having 15.0 feet of width on each side of the centerline of the top of the
existing Ievee.
Tract "X"
That portion of Government Lot 6, Section 35, Township 23 North, Range 4 East, W.M.,
in King County,Washington, lying southeasterly of the southeasterly margin of County
Road Southcenter Parkway, formerly 57th Avenue South and southwesterly of a line
described as follows:
Commencing at a point from which the southwest corner of said Government Lot 6 bears
S0 °58' 10 "W 313.17 feet and N89 °01'50 "W 505.54 feet, said distances being measured
respectively at right angles to and along the south boundary line of said Government Lot,
said point being marked by an iron pipe set by R.W. Jones and Associates on October 4,
1966;
Thence N67 36'00 "W 1.46 feet, more or less, to the southeasterly margin of said County
Road and the True Point of Beginning of the herein described line;
Thence S67 36'00 "E 1.46 feet, more or less, to said iron pipe;
Thence continue S67 36'00 "E 248.63 feet to a concrete monument set by R.W. Jones and
Associates on October 4, 1966;
Thence continue S67 0 36'00 "E to the bank of the Green River and the terminus of the
Cherein described line.
-qzt- ALSO that portion of Government Lot 7, Section 35, Township 23 North, Range 4 East,
L-'JW.M., in King County, Washington, lying southeasterly of County Road (Southcenter
CCDParkway, formerly 57th Avenue South) and lying northeasterly of a line established of
C- Warranty Deed recorded August 3, 1973, under Recording Number 7308030425,
;said line being more particularly described as follows:
XXI
s
(Exhibit A. cont.)
0
VD
OCR
_O
Or)
Beginning at a point from which the northwest corner of said Government Lot 7 bears
S2 °58' 10 "W 313.17 feet and N89 0 01'50 "W 505.54 feet, said distance being measured
respectively at right angles to and along the north boundary line of said Government Lot,
said point of beginning is marked by a concrete monument which is indicated as Point "A"
on survey drawing by R.W. Jones and Associates, Engineers and Surveyors, dated October
6, 1966, and entitled Boundary and Topographic Survey of a portion of Government Lots 6
and 7, Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington;
Thence S67 °36'08 "E 248.63 feet to a concrete monument set by said engineers and
surveyors on October 4, 1966, and indicated as Point "B" on said survey drawing;
Thence S23'57'22 "W 208.79 feet to a concrete monument also set by said engineers and
surveyors, said monument marking the intersection with a line at right angles, said line to
be referred to hereinafter in this description as the southwesterly line of the Gaco- Western
Tract;
Thence continuing S23 °57'22 "W 138.76 feet;
Thence N66 °02'38 "W along a line parallel to said southwesterly line of the Gaco- Western
Tract 5.39 feet to a concrete monument;
Thence continuing N66 °02'38 "W 244.61 feet, more or less, to an intersection with the
southeasterly line of 57th Avenue South;
Thence southwesterly along said road margin 5.14 feet, more or less, to an intersection
with the northwesterly extension of the northeasterly face of the Alaska Seavan Building
and the True Point of Beginning of the line herein described;
Thence S66 °02'38 "E along said extension and along said northeasterly face of said
building and along the southeasterly extension of said building line 280. feet, more or less,
to the bank of the Green River and the terminus of the herein described line.
End of Tract "X"
q 6 SE 1/4 SW 1 /,4 of SEC. 35 7 l .23 N.,RG. 4 E.,W.M
K I.N G COUNTY, WASHIN
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GACO WESTERN INC.
H.M. Io.. a net 89188.00
ar il. R. a. 1 S O'
MEM
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