Edmonds Station Water Line Easement.pdfRECORDING REQUESTED BY AND
RETURN ADDRESS:
Central Puget Sound Regional Transit Authority
Attn: Property Management Manager
401 S. Jackson Street
Seattle, WA 98104
WATER UTILITY EASEMENT
GRANTOR: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY,
a Washington regional transit authority ("Sound Transit")
GRANTEE: THE CITY OF EDMONDS, a Washington municipal corporation
("City")
ABBREVIATED LEGAL: A portion of Parcel A of Government Lots 2 and 3 of Section 23,
Township 27 North, Range 3 East, W.M. (See Full Legal Description
attached)
ASSESSOR'S TAX PARCEL NO.: 27032300416000
This Water Utility Easement ("Easement") is made this 25th day of August 2011, between
Central Puget Sound Regional Transit Authority, a Regional Transit Authority under the laws of the
State of Washington, hereinafter referred to as "Grantor" and the City of Edmonds, a municipal
corporation under the laws of the State of Washington ("City"), and its successors and assigns,
hereinafter referred to as "Grantee".
In consideration of mutual benefits to be derived and in consideration of the performance of
the covenants, terms and conditions hereinafter set forth, Grantor hereby conveys the following
easement:
A non-exclusive easement across, along, in, upon and under Grantor's property
described below for the purpose of constructing, operating, maintaining, repairing,
reconstructing, replacing and removing an 8 -inch water main, including all
appurtenances attached thereto together with the right of ingress to and egress from said
property and across the adjacent property of Grantor ("Easement").
The Easement is over and across a tract of land situated in the County of Snohomish, State of
Washington and legally described on Exhibit A. The easement area is legally described on Exhibit B
and depicted on Exhibit C (the "Easement Area").
This Easement is granted subject to and conditioned upon the following terms, conditions and
covenants:
The following conditions apply to Grantee's occupancy, use, and operations in the
Easement Area:
a. Both Grantee and Grantor acknowledge that Grantor's operation of the Edmonds
Station and associated parking are essential to providing transit services to the public.
In Grantee's use of the Easement Area, Grantee shall minimize interference with the
normal operations of Edmonds Station.
b. Grantee shall provide Grantor with written notice of any planted activities that would
disrupt the normal use of Grantor's transit operations at least ten (10) calendar days
prior to any planned reconstruction or maintenance so that effective notice can be
provided to the general public. Notice of Grantee's entry must be provided to
Grantor's Property Management Manager by calling 206.398.5000, or to such other
individual as Grantor may subsequently identify in writing to Grantee.
c. Grantee shall not store materials or vehicles in the Easement Area.
d. Grantee shall not park construction vehicles, trucks, or store materials or equipment
on Grantor's property adjacent to the Easement Area.
e. General purpose vehicular access/egress to the adjacent property shall be maintained
at all times to Grantor's facilities and operations during any use by Grantee of the
Easement Area.
f Grantee shall conduct its activities on the Easement Area in a safe manner and in
compliance with all applicable laws and regulations.
g. Grantee shall at its sole cost repair or restore the surface of the Easement Area
including any affected landscaping and/or irrigation to as good or better condition as
existed before Grantee's, reconstruction, operation or maintenance of its facilities in
the Easement Area.
h. Archaeological items and historical artifacts have been found at the Edmonds
Commuter Rail Station, which is eligible for listing in the National Register of
Historic Places. In the event that archaeological items, artifacts, or other historical
cultural resources are encountered by Grantee on the Premises, the Grantee shall
immediately notify the State Department of Archeology and historic Preservation at
(360) 586-3055 or its successor agency, and Grantee shall comply with the State's
requirements regarding the preservation, monitoring, and documentation of such
archaeological or cultural resources.
2. Grantor shall at all times conduct its activities and all other activities conducted on
Grantor's property so as not to unreasonably interfere with, obstruct or endanger the usefulness of any
improvements, or other facilities, now or hereafter maintained upon the Easement Area, or in any way
interfere with, obstruct or endanger- Grantee's use of the Easement. Grantor reserves the right to grant
other non-exclusive easements, franchises and/or permits across Grantor's properly; provided, that
such easements, franchises or permits shall not permit uses that unreasonably interfere with Grantee's
authorized use of the property under this Easement. Grantor further reserves the right to relocate the
Easement Area at Grantee's expense in the event of a conflict with Grantor's work or future
development.
3. To the extent permitted by law, the Grantee shall protect, defend, indemnify, and save
harmless Grantor from any and all costs, claims, demands, judgments, damages, suits, causes of
action, or liability of any kind including injuries to persons, death, or damages to property (hereinafter
"Claims") which arise out of, or in any way result from, or are connected to, or are due to any
negligent acts or omissions of the Grantee in its exercise of the rights herein granted. The Grantee
shall not be required to indernnify, defend, or save harmless Grantor if the Claims are caused by the
sole negligence, tortuous or willful misconduct of Grantor. Where such Claim results from concurrent
negligence of the parties, the indemnity provisions provided herein shall be valid and enforceable only
to the extent of the Grantee's own negligence. The Grantee agrees that its obligations under this
indemnification section extend to any Claim brought by, or on behalf of, any of its employees or
agents against Grantor. For this purpose, the Grantee, by mutual negotiation, hereby waives any
immunity that Grantee would otherwise have under the industrial insurance provisions of Title 51
RCW. In the event of any Claim, the Grantee upon prompt notice from Grantor shall assume all
reasonable costs of defense thereof, including legal fees incurred by Grantor, and of all resulting
judgments that may be obtained against it. This indemnification shall survive the expiration or earlier
termination of this Easement. The parties hereto agree that any action to enforce this indemnity
agreement shall be brought in a court of competent jurisdiction situated in Seattle, King County,
Washington.
4. The rights and obligations of Grantor and Grantee shall inure to the benefit of and be
binding upon their respective heirs, successors and assigns.
5. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for the purposes defined herein for a period of five (5) successive years. In this event,
this Easement shall terminate and all rights hereunder, and any improvements remaining in the
Easement Area, shall revert to or otherwise become the property of Grantor.
Executed as of the date hereinabove set forth.
GRANTOR
Approved as to Form for Grantor:
By:
Legal Counsel
CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY
By:
Print Name:
Title:
The terms and conditions of this easement are hereby accepted and approved by Grantee as of the
dated hereinabove set forth.
GRANTEE
CITY OF EDMONDS
By:
Print Name:
Title:
(ACKNOWLEDGEMENT FOR GRANTOR)
STATE OF WASHINGTON )
) ss.
County of King )
On this _ day of , 20_, before me, the undersigned notary
public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the _
of CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a regional transit authority,
the authority that executed the foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said authority, for the uses and purposes therein mentioned, and on oath
stated that he/she was duly authorized to execute the same.
WITNESS my hand and official seal hereto the day and year in this Certificate first above
written.
Notary Public in
and for the State of Washington, residing at
My appointment expires
(ACKNOWLEDGMENT FOR GRANTEE)
STATE OF WASHINGTON
County of
ss.
}
On this day of , 20 , before me personally appeared
to me known to be the
of , the authority that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
authority for the uses and purposes therein mentioned, and on oath stated that lie/she was authorized to
execute said instrument.
WITNESS my hand and official seal hereto the day and year in this Certificate first above
written.
Notary Public in
and for the State of Washington, residing at
My appointment expires
EXH1I31T A
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
A portion of the Central Puget Sound Regional Transit Authority's right of way formerly owned by
Burlington Northern and Santa Fe Railway Company's and lying northerly of Dayton Street and
southerly of Main Street in Government Lots 2 and 3 of Section 23, Township 27 North, range 3 bast,
W M, in Snohomish County, Washington, established by deeds recorded in Volume 100 of Deeds at
Page 414, Volume 94 of Deeds at Page 436, and Volume 17 of Deeds at page 132, also established by
Decrees of Appropriation filed in Snohomish County Court Case Number 390 recorded in Volume 24
Deeds at Page 108, and Case Number 8360, recorded in Volume 27 of Miscellaneous Documents at
Page 572, more particularly described as follows;
Commencing at a point on the northerly margin of Dayton Street, being also the most westerly corner
of said railroad right of way, thence, along said northerly margin, South 58'18'11" East a distance of
86.18 feet to angle point thence, continuing along said northerly margin, South 88°41'42" East a
distance of 11.13 feet to the true point of beginning, thence North 42°34'42" East a distance of 55693
feet to a point on the overhang of the existing AMTRAK building, thence along the face of said
overhang through the following courses South 47° 18'47" East a distance of 24.72 feet, thence North
42°34'49" Cast a distance of 112.01 feet; thence North 47'11'29" West a distance of 24.72 feet, thence
leaving the building overhang, North 42°34'42" East a distance of 603.72 feet to a point on the
southerly margin of Main Street; thence; along said southerly margin, South 59°38'28" East a distance
of 7.17 feet to a point on the northwesterly margin of Railroad Street; thence, along said northwesterly
margin South 42°34'42" West a distance of 429.35 feet to a point on the southerly margin of James
Street; thence along said southerly margin, South 59°34'57" East a distance of 51.15 feet; thence
South 42°34'42" West a distance of 323.74 feet, thence South 47'25'18" East a distance of 50.00 feet;
thence South 42°34'42" West a distance of 437.99 feet to a point on the northerly margin of Dayton
Street, thence along said northerly margin North 88°41'42" West a distance of 142.37 feet to the True
point of Beginning, containing 70,233.25 square feet, more or less.
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
An easiximit across a portion of Parcd A as gliomi on record of' survey, recorded under
2(K)0 10308 5 003, he of (J over
ownt lots 2 and 3 of Section 23,
Townsbip 27 North, Range 3 Lash W.M., in -S'nohomish Count.y. Washington;
Said easement is denribed as follows:
A strip of land, 15.00 fbot in width, the sidelines of which lie 7.5 fwt on coach side of the
wit,orline of a water line construacd to provide service to t1w nowly constructed
Edmonds Station, Sound'I'masit, Fdraonds, Washington;
Beginning at the rebarwith "lluminom. cap, LS ',1131453, marking the southeas-1 cornerot'
Parcel A;
71it,mce North 88`41'4211'%Iest
34.90 &ct to tKe Point of Beginning;
Thence North 01°16'51"
l,,ast 16,50 ficet,
Thonec Nortb.42'34'28"
East, 40&09 feet;
Theme, Noilh 0}2049'13"
NNrest, 40.08 fcct;
Thmm North 42"34`42"
East, 365.48 feet;
Themc South 59'38'29"
Ezigt, 1.333 feet;
Thence North. 3012111"
Bast, 15, 00 feet;
Thcnoo North 5903829"
West, 10.09 feet,,
Thence North 42'29'17"
325 feet; JAN4 K
F4
Thence North 47123'21"
West, 14.98 feet,
Thence South 423442"VVW-,
39036 feet;
Thence, South 02°49'1;3,0
lm f, 23.661` t„
Th,mce South 87"26'16.11
lNest, 10.74 feet;
Thome South 02'40'05"
East. 15.00 fmt; L
Thence North 8 712613 "
East, 10.74 feet;
Thence South 02149'13"
East, 2.02 &vt;
Thence South 42°34`28"
W'c,%t, 407.47 foet;
The uccSouth. 0l"18'15"
West, 2214 feet;
Ilience South 9841'42"
East Along said line a, distana, of 1.5.00 feet to the Point of
Be inning.,
All situated in, Parcel A of Government Lots 2 and 3 of Section 23jownship 27 North,
Range 3 Ewo, WLU, in City of Ed.monds, Snohomish County, State of Wasbingtom
EXHIBIT C
EASEMENT AREA
I of
SOUND TRANSIT-EDMONDS STATION
WATER LINE EASEMENT
tXHIBIT A
EDMOND$, VASHINGTON
ONE TAOLE
11161f LCKTH
22.14 so 1,10 5"W
Cb
PAPrFt A
DAYTON STREEF
110 0 30 60 (P.0.8,) POINT OF BEOWNiNG
30' (PL) PROPERTY LINE
EXHIBIT C
EASEMENT AREA
2 of 3
SOUND TRANSIT-EDMONDS STATION
WATER LINE EASEMENT
LX1,11BITA
EDMONDS, WASHINGTON
LINE
UNGTH
FARM
L6
26
U/
L8 N87'26 1_� L�
o'
9�
Scale; 1" 30'
L I
Jh
PARCEL A
211" r
,oll
I
llvko�1401WW
FOUND REPAR W'/ALUM.
CAP, STAMPED,
"SYMONDS PLS 31453"
LIM 09)V))
(PL) PROPIERTY LINE
c_p
EXHIBIT C
EASEMENT AREA
3 of 3
WATER. CINE EASENE T
ibMl)N0S,WfSHlNGTCN .14 42*9'17 :
3, 25,
_ ._m___
NGTH R[Nd
LINE E .66
L7
w3
tQ.R4
NEV39'29 'VO-'
l.00L` ND
(PQ FyE%OVER i t LINE
PARCEL A
PP
Fl
Ps P
f fb`i'
e,
E'
A\ �>
� 1
FOUND REBAR
ire'/ALVM� CAP,
STAMPVn
"SWORDS PI'S
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