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HomeMy WebLinkAbout2005 - Guideway Easement - Central Puget Sound Regional Transit Authority / City of Tukwila - 20050527001049REC, IVE REI L ES.I:A1 BATCH# JUL 1 8 2005 sum._, When Recorded Return to: Sound Transit Real Estate Union Station 401 S. Jackson Street Seattle, WA 98104-2826 Attn: Kirsten Nestler 1115152111 SOMPT5Z7001949 05/27/2005 11A1 KING COUNTY, WA GUIDEWAY EASEMENT Grantor: THE CITY OF TUKWILA, A MUNICIPAL CORPORATION Grantee: Central Puget Sound Regional Transit Authority Abbreviated Legal Description: Lots 6-7 & 9, Block 4, Adams Home Tracts 3rd ADD., VOL. 15, P.17. Full Legal Description is on page 5 hereof. Assessor's Property Tax Parcel Account Number: 004300-0271-01 Reference Numbers of Documents Assigned or Released, if applicable: N/A THE CITY OF TUKWILA, A MUNICIPAL CORPORATION, (the "Grantor") is the owner of real property located in the City of Tukwila commonly known as 15421 42nd Avenue South, Tukwila, WA, and more particularly described in the legal description attached as Exhibit A (the "Property"). THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, (the "Grantee"), a Washington regional transit authority, is developing high capacity transit service in the central Puget Sound region, including the Central Link light rail system that will initially extend from S. 154`h Street in Tukwila to downtown Seattle (the "Project"). Line Segment #760 RJW#TUK 121 Form Approved 11/21/03 1 Grantee desires to use a certain portion of the Property in connection with the construction, operation and maintenance of the Project. The boundaries (the "Easement Area") are more fully described in the attached Exhibit B. AGREEMENT 1. Grant of Easement. Grantor, for and in consideration of Ten ($10.00) Dollars and Other Good and Valuable Consideration, receipt of which is hereby acknowledged by Grantor, hereby conveys and warrants to Grantee, its successors and/or assigns, a permanent easement within and through the Easement Area in connection with the Project, including but not limited to the construction, operation, inspection, maintenance, replacement, improvement, removal and use of a segment of Grantee's Central Link light rail system and all appurtenances thereto, and related uses that Grantee may hereafter deem appropriate. Grantee's use of the Easement Area shall include, but not be limited to, columns, foundations, aerial guideway, and low impact drainage systems. Grantee shall have the right to access property in addition to that depicted in Exhibit B, as determined by the Grantee, for the purpose of trimming trees and vegetation that are higher than the top of rail and within ten feet of the aerial guideway. In the event private improvements in the Easement Area are disturbed or damaged by Grantee's use of the easement, on or before the end of any associated Temporary Construction Easement (TCE), they shall be replaced with a paved surface, a gravel surface, a hydro -seeded surface, a low impact drainage surface, or a combination thereof. During the term of any associated TCE, disturbed or damaged fences shall be replaced with chain-link or wood fence. During the Term of any associated TCE, Grantee may on an interim basis, restore the Easement Area to a reasonably safe and convenient condition. Grantee shall have the right, but not the obligation, to enter the Easement Area to remove structures or other imped iments and to maintain the Easement Area for its intended use, together with the right to inspect and to construct, maintain, repair and replace aerial structures within the Easement Area. 2. Grantor's Use of Easement Area. Grantor shall retain the right to use the property within the Easement Area, so long as Grantor's use does not interfere with Grantee's use of the Easement Area. Grantor may park vehicles, landscape and/or pave the surface of the Easement Area. Any other use is subject to written approval by Sound Transit, which approval shall not be unreasonably withheld. Line Segment #760 R/W#TUK 121 Form Approved 11/21/03 2 In no event may Grantor construct permanent structures or store flammable, explosive, or hazardous materials within the Easement Area. In the event the Grantee discovers such items in the easement area the Grantee has the right to immediately remove such items at the Grantor's expense. No obstructions of any kind whatsoever, other than those identified above in this Section 2 shall be allowed within 5 feet of Grantee's aerial guideway or appurtenances thereto. The Grantor shall make no use of the Easement Area whatsoever in the area above the aerial guideway structure, or the area 5 feet below the bottom of the aerial guideway structure. 3. Representations and Indemnifications. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby indemnify Grantor from and against any and all liability, loss, damage, expense, actions, and claims incurred by Grantor in connection therewith, to the extent arising from the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. 4. Binding Effect. This easement is appurtenant to and shall run with all real property now owned or hereafter acquired by Grantee as part of the Central Link light rail project, which includes aerial, tunnel, and at -grade facilities in the Project area operated by Grantee for high capacity transportation system purposes and shall inure to the benefit of Grantee, its successors and assigns and shall be binding upon the Property and Grantor, and their respective heirs, successors and assigns. 5. Insurance. Grantee shall maintain commercial general liability insurance with reasonable limits of liability covering the Easement Area on activities of Grantee on its agents, employees or contractors upon and the use, maintenance or repair by Grantee or its agents, employees or contractors of the Easement Area. Grantee shall provide Grantor, on request, certificates of insurance evidencing such coverage. Grantee shall have the right to provide the coverage required herein under blanket policies provided that the coverage shall not be diminished by reason thereof. 6. Legal Proceedings. 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 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. 7. Condemnation. This easement is granted under the threat of condemnation. Line Segment #760 R/W#TUK121 Form Approved 11/21/03 3 8. Recording. This easement shall be recorded in the real property records of King County, Washington. Dated and signed on this GRANTOR: day of (74/ he ity of Tukwila, A Municipal Corporation STATE OF WASHINGTON ) ) :ss COUNTY OF KING ) 20 ©' On this day personally appeared before me ..7" -EVE/ % • Mu GLFT -and- , to me known to be the /4 Ai YD mrd -- of the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she or they were authorized to execute the said instrument. Given under my hand_seal or stamp this � official C,1tit i Q' '�SS10ly''•.9 i • o NOTAgy �': i 1'UBUC o. 6. Line Segment #760 R/W # TUK 121 Form Approved 11/21/03 day of 067 nted Name:VMV E bAJ4 5 netetz4 Notary Public in and for the State of Washingto residing at My appointment expires: c.5/Zy G to 4 EXHIBIT "A" EASEMENT R/W No. TUK-121 PIN 004300-0271-01 The City of Tukwila, a Municipal Corporation Grantor's Entire Parcel: PARCEL B: THE SOUTH HALF OF LOTS 6 AND 7, LESS THE NORTH 20 FEET OF THE EAST 100 FEET THEREOF, AND LESS THAT PORTION TAKEN FOR HIGHWAY NO. I -L; TOGETHER WITH THAT PORTION OF LOT 9 LYING NORTHERLY OF STATE HIGHWAY NO. I- L IN BLOCK 4 OF THIRD ADDITION TO ADAMS HOME TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 15 OF PLATS AT PAGE(S) 17, IN KING COUNTY, WASHINGTON Line Segment #760 RJW # TUK 121 Form Approved 11/21/03 5 Exhibit "B" Easement Guideway Easement Area Acquired by Grantee: THAT PORTION OF THE ABOVE DESCRIBED GRANTOR'S PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT A POINT HAVING SOUND TRANSIT SOUTH ZONE COORDINATES OF N 272790.25, E 1382266.40, SAID POINT BEING, BY SOUND TRANSIT SURVEY, THE MOST SOUTHEASTERLY CORNER OF ABOVE SAID GRANTOR'S PARCEL THAT IS ON THE NORTH LINE OF SR 518 AND DISTANT 40 FEET WESTERLY FROM THE CENTERLINE OF 42ND AVENUE SOUTH; THENCE N87°58'42"W ALONG THE SOUTH LINE OF SAID GRANTOR'S PARCEL, THE SAME BEING THE NORTH LINE OF SR 518, A DISTANCE OF 17.66 FEET; THENCE N46°13'12"E A DISTANCE OF 25.06 FEET TO THE EAST LINE OF SAID GRANTOR'S PARCEL; THENCE S01°25'16"W ALONG SAID EAST LINE A DISTANCE OF 17.97 FEET TO THE POINT OF BEGINNING. Containing 159 square feet. NOTE: THE BASIS OF BEARINGS IS THE WASHINGTON COORDINATE SYSTEM OF 1983, 1991 ADJUSTMENT (NAD 83/91). COORDINATES ARE REFERENCED TO THE SOUND TRANSIT LINK LIGHT RAIL SOUTH ZONE PROJECT DATUM. TO CONVERT TO THE WASHINGTON COORDINATE SYSTEM OF 1983/91, NORTH ZONE, FIRST SUBTRACT 100,000 FROM BOTH THE NORTHING AND EASTING, THEN MULTIPLY THESE COORDINATES BY THE COMBINED SCALE FACTOR OF 0.999997515. Line Segment 1/760 R/W#TUK 121 Form Approved 11/21/03 6