HomeMy WebLinkAbout2005 - Temporary Construction Easement - Central Puget Sound Regional Transit Authority / City of Tukwila - 20050527001048When Recorded Return to:
Sound Transit Real Estate
Union Station
401 S. Jackson Street
Seattle, WA 98104-2826
Attn: Kirsten Nestler
111I11_INfNI11��l�ll
20050527001048
SOUND TRANSIT EAS 24.ee
PAGEees OF eee
KING7COUNTY, WA
Grantor(s) :
Grantee:
Abbreviated
ADD., VOL.
TEMPORARY CONSTRUCTION EASEMENT
THE CITY OF TUKWILA, A MUNICIPAL CORPORATION
Central Puget Sound Regional Transit Authority
Legal Description: Lots 6-7 & 9, Block 4, Adams Home Tracts 3rd
15, P.17.
, Assessor's Property Tax Parcel Account Number: 004300-0270-02& 004300-0271-01
Reference Numbers of Documents Assigned or Released, if applicable: N/A
THIS INSTRUMENT is made this day of , 20 by and
between THE CITY OF TUKWILA, A MUNICIPAL CORPORATION, hereinafter called
the "Grantor", and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a
Washington regional transit authority, hereinafter called the "Grantee".
WITNESSETH:
The City of Tukwila, (the "Grantor") is the owner of reai 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").
1. Grant of Easement. The Grantor, for and in consideration of the public good
and other valuable consideration, does by these presents, convey and warrant unto the Grantee
a temporary construction easement (the "Easement") for access over, through, across and upon
the portion of the Property depicted in Exhibit B (the "Easement Area") situated in the County
of King, State of Washington, for construction of light rail aerial guideway and/or public street
improvements with necessary appurtenances, including placement of public and private
utilities, within the adjoining public right of way.
Link Segment #760
R/W# TUKs 120 & 121
Form 21 -Approved on 11/21/03
ED
2. Puroose of Easement. The Grantee, its contractors, agents, and permittees,
shall have the right at such times as may be necessary, to enter upon the Easement Area,
including entry into private improvements located in the Easement Area for the purpose of
constructing adjacent Light Rail guideway improvements, street improvements, or making any
connections therewith, including utility connections to allow operation of an aerial Light Rail
Transit Way. Grantee shall have the right to re -grade slopes and/or make cuts and fills to match
street grade and construct retaining walls. Grantee shall have the right to fence all or a portion
of the Easement Area from time to time during the Term. Grantee's right to use the Easement
Area shall be exclusive at such times and for such durations, as Grantee's construction
requires, in Grantee's discretion. At all other times, Grantee's right to use the Easement Area
shall be non-exclusive.
Grantee shall have the right to have an aerial truss pass over portions of tl-E Property in
addition to that depicted in Exhibit B. Such entry shall be governed by the terms of this
Easement.
In the event Grantee's utility connection work requires access to portions of the
Property in addition to that depicted in Exhibit B, Grantee shall have the right to enter into
such additional property for the purpose of reconnecting utilities that serve the Property and
such entry shall be governed by the terms of this Easement.
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 the Term, they shall be replaced with a
paved surface, a gravel surface, a hydro -seeded surface, or a combination thereof. Disturbed or
damaged fences shall be replaced with chain-link or wood fence Drirg the Term, Grantee
may on an interim basis, restore the Easement Area to a reasonably safe and convenient
condition.
3. Grantor's Right to Use Easement Area Except for those times when Grantee
is making exclusive use of the Easement Area, the Grantor shall retain the right to use and
enjoy the Easement Area, including the right to use existing private improvements located in
the Easement Asea so long as such use does not interfere with Grantee's construction of the
public improvements described in this Easement.
4. Term of Easement. The term of this Easement shall commence upon initiation
of Grantee's construction within the easement area, but no sooner than March 1, 2005, and
shall remain in force for 18 months (the "Term") or until completion of construction and
restoration of the property, whichever occurs first. Grantee shall provide fourteen (14)
days written notice to the Grantor prior to commencement of construction. This Easement may
be extended by mutual written consent of the Grantor and Grantee.
5. Payment for Easement. Grantee shall pay Grantor Five Hundred Forty One
and 00/100ths Dollars ($541.00) upon recording of this Easement for the Eighteen -Month
(18 -month) Term. If the Grantee requires additional use past the Term, the Grantee shall pay
Thirty and 00/100ths Dollars ($30.00) per month for each month, or portion of a month, that
Grantee uses the Easement Area for the purposes described in Paragraph 2.
Link
120&121 2
Form 21 -Approved on 11/21/03
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. Grantee shall have
the right to permit third parties to enter upon the Easement Area to accomplish the purposes
described herein, provided that all such parties abide by the terms of this Easement. The
Easement granted hereby, and the duties, restrictions, limitations and obligations herein
created, shall run with the land, shall burden the Property 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 the
Easement Area. This Easement is granted under the threat of condemnation.
7. Recording. This Easement shall be recorded in the real property records of
King County, Washington.
Datedthis q 1 day of
GRANTOR:
he City of Tukwila, A Municipal Corporation
STATE OF WASHINGTON )
) :ss
COUNTY OF KING
,20e,r
On this day personally appeared before me S 1 1)5 N M. MU L. -L -ET andme
, to me known to be the f 4 Y 0 I"(
of the municipal corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
aed of the said corporation, for the uses and purposes therein mentioned, and on oath stated that
he he or they were authorized to execute the said instrun nt,
"Maker
Given under my hand-aj stamp this 9
.tr4 C �l
g10N• 1
% 7 0` \40TAR)'
j :o Ca•
FUjjC
Link Segment #760
It/W# TUKs 120 & 121
Form 21 -Approved ari 11/21/03
day of
nted Name:
otary Public in and for the State of
Washingto
residing at
My appointment expires: c3
EXHIBIT "A" EASEMENT •
RiW No. TUK-120 & 121
PIN 004300-0270-02 & 04300-0271-01
The City of Tukwila, a Municipal Corporation
Grantor's Entire Parcel:
PARCEL A:
THE NORTH HALF O' LOT 7 AND THE NORTH 20 FEET OF THE EAST 100 FEET OF THE
SOUTH HALF OF LOT 7 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; EXCEPT THE WEST 30 FEET OF THE NORTH HALF OF SAID LOT 7;
TOGETHER WITH THAT PORTION OF VACATED SOUTH 154TH PLACE ADJOINING OR
ABUTTING THERON, WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY
OPERATION OF LAW.
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.1-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 ICING COUNTY, WASHINGTON
Link Segment #760
RJW# TUKs 120 & 121
Form 21 -Approved on 11/21/03
4
Exhibit "8" nip
42ND AVE .S\
LOT 7
NE'/4 SW1/4 SEC 22, T 23 N, R 4 E; W.M.
SECTION LINE .., . \
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LOT 6
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to
LENGTH DATA
LI -
011516W
"'28.85'”
L2
N87.58'42"W
42.40'
L3
S01.25'16W
10.88'
L4',„
50125'16W
17.97'
\L5
• N87.58'42“W
17.136'
L6.\\
N87.58'42°W
24.74'
L7
N4613121
25.06'
3R,Tt
Of .400 7-1
.• •
OCk' •
Air).
NOI 05 4I'E 135.82'
LEGEND
LICHT RAIL TRANSIT WAY
STREET RIGHT-OF-WAY LINE
STREET CENTER LINE
PLATTED LOT LINE
PROPERLY LINE
PARENT PARCEL
FEE TAKE LINE
EASEMENT LINE PERMANENT
EASEMENT LINE TEmPCIRARY
FEE TAKE
GU I CIEWAy ESMT
-r
SOUNDTRANSIT
L
A
IN it ASSOCIATES
LINK LICHT RAIL TRANSIT SYSTEM
20
20 13 3
SCALE IN FEET
1
11RACK Se
E TERL INC
5610401"W
13.92'
40
NAD 83 (91)
NAVO 88
PARCEL ?PEA !E FROM TYE Y.!flC COUNTY ASSESSOR
RECORD.
TEMP CONST ESMT
EXPIRES II /11/ stso
PARCEL AREA: 18,990 SF GUIDEWAY ESNIT: 159 SF
FEE TAKE CONST. ESMT: 453 Sr
PERMANENT ESMT:
REMAINING AREA:
PARCEL MAP 755—TUK-121
ASSESSOR NO; 004,.00027I
DATE: 12/31/03
OWNER: CITY OF TUKWILA
BLOCK NO.: 4 LOT NO.; 5 5'
C I TY OF TUKW I LA KIN COUNTY, WA
NE 1/4 SW 1/4 SEC 22, T 23 N, R 4 E; W.M.
LEGEND:
PSTC
TEMPORARY a io 20 40
CONSTRUCTION
EASEMENT
SOUNDTRANSIT
\u i ... Cc
ASEESSOR NO.: 0043000270
EXHIBIT B