5b Attach1
[Stamp] tp3 #23o W Ojtsp0-cn N H P4xf4jw4 C Item Number: _____________ Date of Meeting: ___________ May 3, 2011 5b Attach1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Seattle Public Utilities Real Property Services Post Office Box 34018 Seattle, WA 98124-4018 PUBLIC ACCESS EASEMENT AGREEMENT Reference No. of Document Released: None Grantor: Port of Seattle Grantee: City of Seattle Legal Description (abbreviated): Portion of Lots 15, 16, and 32, Block 400, Plat of Seattle Tidelands Assessor's Tax Parcel ID No. 7666702110, 7666702140 This Public Access Easement Agreement ("Easement Agreement") is made effective as of the ____ day of ___________, 2011 by and between the Port of Seattle, a Washington municipal corporation ("Grantor") and the City of Seattle, a Washington municipal corporation ("Grantee"). RECITALS WHEREAS, in conjunction with the Grantor's Terminal 18 Redevelopment Project (City of Seattle Master Use Permit Number 9700752), Grantor petitioned Grantee to vacate portions of 11th Avenue SW, 13th Avenue SW, SW Florida Street, and SW Hanford Street ("Streets"), as more particularly described in the vacation petition to the City of Seattle Clerk File No. 301929; and WHEREAS, the vacation of the Streets is conditioned, in part, on Grantor granting a satisfactory public access easement through portions of Grantor's Property to facilitate vehicle access by the public as well as Grantee; and WHEREAS, Grantor's Property is located within the Harbor Island Superfund Site's Soil and Groundwater Operable Unit which is governed by a Consent Decree, and therefore this instrument must preserve EPA's continuing rights of access to the property for the purposes of monitoring, conducting investigations, implementing response actions, assessing compliance, and other activities related to the implementation of the Consent Decree; and 1 WHEREAS, Grantor desires to fulfill the above-stated conditions to complete the vacation of Streets on Terminal 18. NOW, THEREFORE, the parties agree as follows: EASEMENT In consideration of the Grantee's vacation of the Streets and other good and valuable consideration, receipt of which are hereby acknowledged, Grantor hereby conveys and grants, to Grantee, a nonexclusive permanent easement for public access, including vehicles and equipment, over, through, across and along the following portions of Grantor's Property: A. The paved and curbed one lane, one-way roadway commonly known as the "South Loop Road" as legally described in Exhibit A, attached hereto and incorporated herein ("Loop Road Easement Area"), and B. The paved roadway turnaround area, as legally described in Exhibit B, attached hereto and incorporated herein (("Turnaround Easement Area") and collectively with the Loop Road Easement Area ("Access Easement Areas")) This Easement Agreement shall include only such rights in the Access Easement Areas as shall be necessary for the surface rights for general public access, including vehicles of the general public and vehicles and equipment of Grantee for purposes including access to various utility and other easement areas of Grantee located on Harbor Island ("Purposes"). Grantor, its successors and assigns, shall have the right to use the Access Easement Areas in any way and for all purposes which do not unreasonably interfere with the easement rights for the Purposes herein granted to Grantee and which are consistent with the terms and conditions of this Easement Agreement. Grantor, at its sole cost and expense, shall maintain the Access Easement Areas at all times in a manner and standard consistent with the public roadways maintained by the City of Seattle on Harbor Island. Notice is hereby given that the portions of Grantor's property listed above are subject to the Harbor Island Soil & Groundwater Operable Unit Consent Decree, which was entered in the United States District Court, Western District of Washington Seattle Division, in Civil Action No. C95-1495Z ("Consent Decree"). A copy of that document has been filed at King County under King County recording number 9608211528. Section X of the Consent Decree requires that the United States and its representatives, including EPA and its contractors, be provided access to this property at all reasonable times for the purposes of conducting activities related to the Consent Decree. Grantee may not interfere with that right of access. There are no other restrictions or covenants related to the Consent Decree that are applicable to this Easement Agreement. Except for the access requirements above, this Easement Agreement does not convey any obligations of 2 the Consent Decree to Grantee and Grantor shall continue meeting the obligations under the Consent Decree at no expense to Grantee. This Easement Agreement and each of the terms, 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 heirs, successors, assigns and successors-in-title. 3 Grantor: Port of Seattle By: _____________________________ Name, title________________________ Date ______________________, 2011 STATE OF _______________________ ) ) SS. COUNTY OF _____________________ ) I certify that I know or have satisfactory evidence that __________________ is the person who appeared before me and signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as _____________ of Port of Seattle, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this ____day of __________________2011. NAME______________________________ (Print name) NOTARY PUBLIC in and for the State of Washington ____________________________ Residing at Seattle _______________________ My appointment expires: _______,20 _____ 4 EXHIBIT A . LEGAL DESCRIPTION OF LOOP ROAD EASEMENT AREA THOSE PORTIONS OF LOTS 15, 16 AND 32, BLOCK 400, PLAT OF SEATTLE TIDELANDS, ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON AND THOSE PORTIONS OF 11TH AVENUE SOUTHWEST AND 13TH AVENUE SOUTHWEST TO BE VACATED AS DESCRIBED PER RECORD OF SURVEY, "EXHIBIT MAP FOR HARBOR ISLAND PROJECT, TERMINAL 18, SEATTLE, WASHINGTON, RECORDING NUMBER 19991008900013, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF KLICKITAT AVENUE SOUTHWEST AND 123T"I AVENUE SOUTHWEST; THENCE NORTH 0108'45" EAST,ALONG THE CENTERLINE OF 13TH AVENUE SOUTHWEST, A DISTANCE OF 391.30 FEET TO THE SOUTHERLY MARGIN OF 13TH AVENUE SOUTHWEST TO BE VACATED AS DESCRIBED PER SAID RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE NORTH 8916'56" WEST, ALONG SAID SOUTHERLY MARGIN A DIS; .NCEOF 2371 FEET, THE. NORTH 7806'17" EAST, A DISTANCE OF 27532 FEET TO AN , CE INTERSECTION WITH A NON-TANGENT 620.00 FOOT RADIUS CURVE CONCAVE T HESOUTH WHICH CENTER BEARS SOUTH 1153'36" EAST, 620.00 FEET DISTANT; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLEOF 1411'51", A DISTANCE OF 153.63 FEET; THENCE SOUTH 8741'44" EAST, A DISTANCE OF 183.23 FEET TO THE WESTERLY RIGHT-OFWAY MARGIN OF 1111'l AVENUE SOUTHWEST TO BE ' . ,,,ONTINUING SOUTH 8741 '44" EAST, A DISTANCE OF 12503 FEET TO CEN ER NE OF SAID 11THAVENUE SOUTHWEST TO BE VACATED; THENCE . , UING SOUTH 8741'44" EAST A DISTANCE OF 656 FEET; THE. .15 SOUTH 005418" wEST A DISTANCE OF 1945 FEET TO THE SoUTHERLY MARGIN OF SAID 11TH AVENUE SOUTHWEST To BE VACATED AS DESCRIBED PER SAID RECORD OF SURVEY; THENCE NORTH 8851'35" WEST, ALONG SAID SOUTHERLY MARGIN, A DISTANCE OF 6.63 FEET TO SAID CENTERLINE; , THENCE CONTINUING NORTH 8851 35" WEST, ALONG SAID SOUTHERLY MARGIN, A DISTANCE OF 125.00 FEET TO THE WESTERLY RIGHT-OF-WAY MARGIN OF 11TH AVENUE SOUTHWEST, THENCE NORTH 010816" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 2.12 FEET; THENCENORTH 8741'45" WEST, A DISTANCE OF 18350 FEET TO AN ' INTERSECTION WITH A NON-TANGENT 600 00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH WHICH IT'S CENTERBEARS SOUTH 0218'15" WEST, 500.00 FEET DISTANT; THENCE WESTERLY ALONG THEARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1411'51", A DISTANCE OF 148.88 FEET; THENCE SOUTH 7806'35" WEST, A DISTANCE OF 192.79 FEET; THENCE SOUTH 6611'34" WEST, A DISTANCE OF 12.39 FEET TO THE EASTERLY RIGHT-OF-WAY MARGIN OF 13'" AVENUE SOUTHWEST; THENCE NORTH 0108'45" EAST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 6.63 FEET To THE SOUTHERLY MARGIN OF SAID 13TH AVENUE SOUTHWEST TO BE VACATED AS DESCRIBED PER SAID RECORD OF SURVEY; THENCE NORTH 8916'56" WEST, ALONG SAID SOUTHERLY MARGIN, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 14,091.34 SQUARE FEET OR 0.32 ACRES, MORE OR LESS. PORTION OF Nw 1/4 OF SECTION 18, T TOWNSHIP 24 NORTH, RANGE 4 EAST, w.M. KING COUNTY, WASHINGTON 1') g E 2 z TQ g L1=887'41'44"E183.23' 38 ESE g L2=887'41'44"E 125.03' 03, gg L5=887'41'44"E 6.56' E? '33 32> 05 L4=N88'51'35"W 6.63' g o- asz P V LIJ . 3 >32 30' 038 :00 O: >2 a: . mg 2 a Ems , {8 8?: .9", 0:05 L w U7 io' L2 . a: 0:" 'I N7 '- 5 'N "4 9' '23 R=600.00 L4 '\ "8915'55"W ' 866'11'34"W i\ \Zlfgr' 23.71 I 0 ,1 2.39 "(m .O J , to 32 *3. N88'51'35"W 0, g, T" mg g; N 125.00 2 (3 : l 3Ez w?! mm 5, 33 N 9 SOUTHERLY MARGIN I 3:0 8 < {VOF 11TH AVE sw TO 2 I. ;_ l\ 8! BE VACATED ; IE 0 g N Z (1') "J I I- o 2 \ 0 P00- L: LIJ ,_ g; (0.0 3 _l N z DC (I) , 0: 3 L" 0 L0 W '31N LO <2 5:!- EE N F ' 5 I. n: I Z v E : POINT or N w COMMENCEMENT E SW SPOKANE ST NOTE: ALL BEARINGS SHOWN HEREON ARE BASED UPON THE RECORD OF SURVEY, "REMONUMENTING A PORTION OF THE SEATTLE TIDELANDS. PORT OF SEATTLE, TERMINAL 18, SEATTLE, WASHINGTON", FILED UNDER KING COUNTY RECORDING NO. 20020326900003. T LOOP ROAD DATE EASEMENT AREA JAN. 12, 2010 INGRESS AND EGRESS EASEMENT SHEET NO. EASEMENT EXHIBIT 1 EXHIBIT B LEGAL DESCRIPTION OF TURNAROUND EASEMENT AREA THOSE PORTIONS OF 11TH AVENUE SOUTHWEST To BE VACATED, AS DESCRIBED IN RECORD OF SURVEY "EXHIBIT MAP FOR HARBOR ISLAND PROJECT TERMINAL 18, SEATTLE, WASHINGTON FILED UNDER RECORDING NUMBER 19991008900013, RECORDS OF KING COUNTY WASHINGTON, AND VACATED SOUTHWEST LANDER STREET LYING BETWEEN 11TH AVENUE SOUTHWEST AND 13TH AVENUE SOUTHWEST AS DESCRIBED PER CITY OF SEATTLE VACATION ORDINANCE 106612, AND LOT 48, BLOCK 399, PLAT OF SEATTLETIDELANDS ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS OLYMPIA, WASHINGTON DESCRIBED AS FO:LI_OWS COMMENCING AT THE SOUTHWEST CORNER OF LOT 27 BLOCK 398 OF SAID PLAT; THENCE SOUTH 885115" EAST ALONG THE NORTH MARGIN OF SAID VACATED SOUTHWEST LANDER STREET AS DESCRIBED BY SAID ORDINANCE, A DISTANCE OF 17847 FEET TO THE TRUE POINT OF BEGINNING; THENCECONTINUING SOUTH 885115" EAST ALONG SAID VACATED NORTH MARGINHA DISTANCE OF 86.42 FEET TO THE WEST RIGHT~OFWAY MARGIN OF 117"A NUE SOUTHWEST; . THENCESOUTH 01 0816" WEST, ALONG SAID WEST MARGIN, A DISTANCE OF 10 0 EETHTOTHE SOUTH MARGIN OF SAID VACATED SOUTHWEST LANDER S DESCRIBED BY SAID ORDINANCE; . OUTH 885115" EAST ALONG THE NORTHERLY LINE OF THE so HERLYPORTION OF SAID 11TH AVENUE SOUTHWEST TO BE VACATED AS DE RIBED BY SAID RECORD OF SURVEY, A DISTANCE OF 1582 FEET TO AN INTERSECTION WITH A NON-TANGENT 20000 FOOT RADIUS CURVE CCNCAVE TOTHENORTHWEST WHICH ITS CENTER BEARS NORTH 634810" WEST, 20000 FEET DISTANT; . THENCE SCUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 020011" A DISTANCE OF 699 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE To THE NORTH HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8028'37", A DISTANCE OF 77.25 FEET; THENCE NORTH 5751'15" WEST, A DISTANCE OF 39.09 FEET; THENCE NORTH 0105'02" EAST, A DISTANCE OF 113.58 FEET TO THE NORTH MARGIN OF SAID VACATED SOUTHWEST LANDER STREET AS DESCRIBED BY SAID ORDINANCE AND THE TRUE POINT OF BEGINNING. CONTAINING 11 383 SQUARE FEET OR 0.26 ACRES, MORE OR LESS. PORTION OF SW 1/4 OF SECTION 07, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M. KING COUNTY, WASHINGTON POINT OF COMMENCEMENT SEATTLE TIDELANDS SW CORNER OF LOT 27 MARGIN BLK 398 /w 27 R TRUE POINT OF BEGINNING ' WEST N.T.S. 388'51 '15"E 178.47' 88851'15"E 86.42' V NORTH MARGIN VACATED sw LANOER ST EXCEPTION) 19991008900013 SW 100.00' VACATION N0. AVE sw LA_NOER ST REC. (VACATED) 11TH WAY 11,583 SQ. FT. (0.26 ACRES) SURVEY, 50108'16"W (RiGHT~OF- OF SOUTH MARGIN VACATED RECORD SW LANDER ST (0RD. 106612) ' SEATTLE TIDELANDS BLK 399 BE TO NO. PORTION RECORD AVENUE REC. PER SOUTHERLY 11TH VACATED SURVEY, 0F OF 19991008900013. TURNAROUND DATE EASEMENT AREA JAN. 12 2011 ' ' 11TH AVE sw AND sw LANDER ST SHEET No. BASEMENT EXHIBIT 1
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