5a attach A B and C
Return Address: ATTACHMENT A
Seattle Department of Transportation
Attn: Beverly Barnett, Street Vacation Supervisor
Street Vacation Supervisor
700 Fifth Avenue, Suite 3900
P.O. Box 34996
Seattle, Washington 98124-4996
East Marginal Way SouthBulkhead Panel and Retaining Wall Maintenance
Easement at Slip 27 and Terminal 25 Seattle Department of Transportation
REFERENCE #: City of Seattle, Clerk File No. 307732
Grantor: Port of Seattle
Grantee: Seattle Department of Transportation, City of Seattle
Abbreviated Legal: Exhibit A: Terminal 25 facility, SE1/4 7-24N-
04E
Exhibit B: East Marginal Way South Bulkhead
Panel and Retaining Wall Easement, SE1/4 7-24N-04E
Assessor's Property Tax Parcel #: APN: 766620-7900 and 76620-7905
East Marginal Way SouthBulkhead Panel and Retaining Wall Maintenance
Easement at Slip 27 and Terminal 25 Seattle Department of Transportation
This easement for access to Slip 27 at the north margin of the combined Terminal 25 and
Slip 27 marine cargo facility, allowing for future maintenance of the bulkhead panel and
retaining wall at the west margin of East Marginal Way South, is conveyed by the Port of
Seattle, a Washington municipal corporation, ("Port"), to Seattle Department of
Transportation, City of Seattle, a municipal corporation ("City"), as described below.
Recitals
1. The Port owns certain real property in King County, Washington, legally
described in Exhibit A, Terminal 25 (and Pier 27), which is attached to and
incorporated in this easement agreement by this reference ("Port Property").
2. As part of the proposed vacation of the submerged portion of South Forest
Street, requested by the Port in order to construct a piling supported connecting
bridge across aquatic area in Slip 27, including South Forest Street right-of-way,
and as approved by the City of Seattle City Council on May 14, 2007, as
1
East Marginal Way South
Bulkhead Panel and Retaining Wall Maintenance Easement
Seattle Department of Transportation
Page 2
described in Clerk File No. 307732, the Port is to convey to the City a
maintenance access easement ensuring: (1) that the Department of Transportation,
City of Seattle, has access to Slip 27 from East Marginal Way South public rightof-way
area for the purpose of maintaining the existing bulkhead panel and
retaining wall at the west margin of public right-of-way and (2) that the Port will
cooperate with SDOT in determining appropriate access for the purpose of
maintenance via adjacent Port property at Pier 27 and in Slip 27.
3. In conjunction with the above referenced Clerk File No. 3007732, vacation of the
submerged portion of South Forest Street, the City has required that an easement
allowing for maintenance of the existing East Marginal Way South bulkhead
panel and retaining wall at Slip 27 be provided in aquatic area owned by the Port
in Slip 27, including area in the former South Forest Street right-of-way, legally
described in Exhibit B which is attached to and incorporated in this document by
this reference (Terminal 25 and Pier 27, East Marginal Way SouthBulkhead
Panel and Retaining Wall Easement). Exhibit C, East Marginal Way South--
Bulkhead Panel and Retaining Wall Easement, illustrates the easement area.
Agreement
For and in consideration of valuable consideration, receipt of which is hereby
acknowledged, the Port hereby conveys and quitclaims to the City for the purpose and
subject to the conditions hereinafter set forth, a perpetual, nonexclusive easement over,
along, and across the Slip 27 Bulkhead Access Easement Area, legally described at
Exhibit B:
1. Purpose. The City shall have the right to use the Slip 27 Bulkhead Access
Easement Area for access and maintenance of an existing bulkhead panel and
retaining wall at the west margin of East Marginal Way South at the east end of
placement of Slip 27.
2. Effective Date. This easement is effective upon the effective date of the ordinance
enacted by the Seattle City Council accepting the easement or upon the date of
signature by both parties if acceptance authority has been delegated.
3. Private Property. The Port does not intend through this agreement to make a gift
or a dedication for any general public use of the Slip 27 Bulkhead Access
Easement Area.
4. Successors. The rights and obligations of the parties to this easement agreement
shall inure to the benefit of and be binding upon their respective successors and
assigns. Conveyance of the Port Property shall be subject to this agreement.
2
East Marginal Way South
Bulkhead Panel and Retaining Wall Maintenance Easement
Seattle Department of Transportation
Page 3
5. Port's use of Easement Area. The Port reserves the right to use the Slip 27
Bulkhead Access Easement Area for any purpose not inconsistent with the rights
granted to the City herein.
6. Entire Agreement. This agreement contains the entire agreement between the Port
and the City and supersedes any previous agreements or negotiations.
Modification or waiver of any provisions in this agreement shall be effective only
if made in writing and executed with the same formality as this easement.
GRANTOR:
PORT OF SEATTLE, a Washington municipal corporation
BY: ___________________________________
Tay Yoshitani, Chief Executive Officer
STATE OF WASHINGTON )
) SS
COUNTY OF ___________ )
On this ________ day of ______________________, 2010, before me, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared ______________________________________ to me known to be the CEO of
the Port of Seattle who executed the within and foregoing instrument, and acknowledged
that he/she/they signed the same as his/her/their free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN UNDER my hand and official seal hereto affixed the day and year in this
certificate first above written.
__________________________________________
(Signature of Notary)
3
EXT-{IR IT A
THENCE NORTHTERMINAL 25 3225 EAST MARGINAL WAY SOUTH (APNS 765620-7905 AND 7666207900)
THAT PORTION OF THE SE QUARTER OF SECTION 7, TOWNSHIP TOGETHER WITH: TOGETHER WITH THE WATERWAY AREA LYING IN FRONT OF
24 NORTH, RANGE 4 EAST, AND THAT PORTION OF THE BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF LOTS 2 THROUGH 7, BLOCK 374, ALL OF BLOCK 375,
NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 24 NORTH, VACATED SOUTH HANFORD STREET WITH THE WEST MARGIN SEATTLE TIDELANDS, SOUTH HANFORD STREET VACATED BY
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, AND OF EAST MARGINAL WAY SOUTH: THE CITY OF SEATTLE ORDINANCE 822333 AND THE CANAL
LYING IN THE SEATTLE TIDELANDS. DESCRIBED AS FOLLOWS: THENCE NORTH 4500'00" WEST A DISTANCE OF 806.11 WATERWAY TURNING BASIN VACATED BY COMMISSIONER OF
COMMENCING AT THE INTERSECTION OF S0. HINDS STREET AND FEET; PUBLIC LANDS ORDER NO. 70612, DECEMBER 21, 1970,
EAST MARGINAL WAY
; SOUTH, THENCE NORTH 00'00'00" EAST A THENCE NORTH 0000'00" EAST A DISTANCE OF 59.40 FEET; DESCRIBED AS FOLLOWS:
i DISTANCE OF 155.00 FEET; THENCE SOUTH 4500'00" EAST A DISTANCE OF 806.11
90'00'00" WEST A DISTANCE OF 107.00 BEGINNING AT A POINT ON THE NORTH LINE
THENCE NORTH FEET OF LOT
FEET; 22,
BLOCK SEATTLE SAID
TO THE TRUE POINT OF BEGINNING; 0000'00" WEST A DISTANCE GP POINT BEING 50.00
T THENCE SOUTH 59.40 FEET 386, TIDELANDS,
FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 22:
i THENCE SOUTH 0000'00" EAST A DISTANCE OF 743.37 FEET; To THE POINT OF BEGINNING.
r THENCE SOUTHWESTERLY, A DISTANCE OF 226.30 FEET ALONG
THENCE NORTH 0'00'00"
A NON TANGENT CURVE TO THE RIGHT OF WHICH THE RADIUS EXCEPT: EAST ALONG THE EAST PIER HEAD
;
LINE OF THE EAST WATERWAY A
A PORTION OF VACATED SOUTH HANFORD STREET DESCRIBED DISTANCE OF 2008.63 FEET
i POINT LIES NORTH 56'21'19" WEST A RADIUS OF 279.33 FEET,
V AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE TO THE PROJECTED NORTHEAST LINE OF LOT 2. BLOCK 374,
AND HAVING A CENTRAL ANGLE OF 4625'09";
SEATTLE TIDELANDS:
THENCE WESTERLY, A DISTANCE OF 13.61 FEET ALONG A CENTERLINE OF VACATED SOUTH HANFORD STREET WITH THE
,
HAVING A RADIUS OF 972.33 WEST MARGIN OF EAST MARGINAL WAY SOUTH; COMPOUND CURVE TO THE RIGHT
0048'07"; THENCE NORTH 45'00'00" WEST A DISTANCE OF 759.00 THENCE SOUTH 45'00'00" EAST ALONG PROJECTED LINE A
FEET AND A CENTRAL ANGLE OF
DISTANCE OF 176.78 FEET TO THE EAST LINE OF THE
395.07
EAST
FEET: FEET;
THENCE NORTH 900000" WEST A DISTANcE OF
, , ,,
THENCE NORTH 45 00 00 EAST A DISTANCE OF 2.00 WATERWAY;
FEET
THENCE NORTH 14.30.00. EAST, A DISTANCE OF 703.57 FEET;
To THE TRUE PO'NT 0F BEG'NN'NG'
THENCE NORTH 90'00'00" EAST A DISTANCE OF 293.42 FEET;
THENCE CONTINUING NORTH 4500'00" THENCE SOUTH 0'00'00" EAST ALONG SAID
EAST A DISTANCE OF EAST UNE A
00'00'00" EAST A DISTANCE OF 1883.63 FEET; DISTANCE OF 1883.63 FEET TO THE NORTH LINE OF SAID
31.00
' FEET:
THENCE SOUTH 45'00'00" EAST A DISTANCE OF 806.10 FEET; LOT 22;
THENCE NORTH 4500'00" WEST A DISTANCE OF 31.00 FEET;
THENCE SOUTH 0000'00" EAST A DISTANCE OF 502.80 FEET;
THENCE SOUTH 45'00'00" WEST A DISTANCE OF 31.00 FEET;
I
THENCE NORTH 4500'00" WEST, A DISTANCE OF 28.00 FEET: ' THENCE NORTH 90'00'00" WEST ALONG SAID NORTH LINE, A
THENCE SOUTH 45'00'00" EAST A DISTANCE OF 31.00 FEET
THENCE SOUTH 45'00'00" WEST, A DISTANCE OF 22.00 FEET; DISTANCE OF 125.00 FEET TO THE TRUE POINT OF
TO THE TRUE POINT OF BEGINNING (CONTAINING 961
45'00'00" BEGINNING.
THENCE SOUTH EAST, A DISTANCE OF 50.00 FEET;
SQUARE FEET).
THENCE SOUTH 00'00'00" EAST A DISTANCE OF 549.71 FEET; CONTAINING 1,598,928 SQUARE FEET OR 36.71 ACRES TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER
i THENCE SOUTH 45'00'00" EAST A DISTANCE OF 70.71 FEET TO
TOGETHER WITH 243,257 SQUARE FEET (5.58 ACRE) OF OF SECTION 7, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M.
THE TRUE POINT OF BEGINNING.
LEASED AREAS IN THE EAST WATERWAY AS DESCRIBED IN IN KING COUNTY, WASHINGTON, LYING WITHIN BLOCKS 373
' SUBJECT TO THE FOLLOWING UTILITY EASEMENTS BENEFITTING
WATERWAY AND STREET END PERMIT NUMBER 212, GRANTED AND 374, AND VACATED SOUTH FOREST STREET AS SHOWN
: KING COUNTY METRO:
'BY THE PORT OF SEATTLE ON BEHALF OF THE STATE OF IN THE PLAT 0F SEATTLE TIDE LANDS, DESCRIBED AS
C THAT PORTION OF THE BED OF EAST WATERWAY. IN FRONT OF ~
WASHINGTON. FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT I.
1 BLOCKS 376, 386 AND VACATED 6TH AVENUE SOUTHWEST,
TOTAL AREA 1,842,185 SOUARE FEET OR 42.29 ACRES SAID BLOCK 45'00'00" WEST A
. SEATTLE TIDELANDS, INCLUDED IN THE TRACT DESCRIBED AS 374; THENCE NORTH
DISTANCE OF 806.10 FEET TO THE EAST LINE OF THE EAST
FOLLOWS:
PORTION OF EAST WATERWAY:
3 COMMENCING AT THE NORTHEAST CORNER OF LOT 22, 00'00'00'l
SAID WATERWAY; THENCE NORTH EAST ALONG SAID
'
BLOCK 376; EAST LINE A DISTANCE OF 291.67 FEET -TO THE SOUTHWEST
A PORTION OF THE NORTH HALF OF SECTION 18, TOWNSHIP UNE OF SOUTH FOREST STREET AS
THENCE NORTH 00'00'00 EAST ALONG THE EAST UNE OF THE ESTABLISHED BY CITY OT
24 NORTH, RANGE 4 EAST, W.M. IN THE CITY OF SEATTLE, SEATTLE ORDINANCE NUMBER
EAST WATERWAY, DISTANCE OF 5 FEET TO THE TRUE 13732; THENCE SOUTH
A POINT KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
45'00'00"
OF EAST A
BEGINNING; DISTANCE OF 806.10 FEET TO THE WEST
THE EASTERLY 150.00 FEET OF THE EAST WATERWAY
MARGIN OF EAST MARGINAL WAY SOUTH; THENCE SOUTH
THENCE NORTH 90'00'00" WEST A DISTANCE OF 745 FEET; ADJOINING LOTS 7 THROUGH 11, BLOCK 386, PLAT OF
I 0'00'00" EAST ALONG
00'00'00" SAID WEST MARGIN A DISTANCE OF
THENCE NORTH EAST, A DISTANCE OF 20 FEET; SEATTLE TIDELANDS.
291.67 FEET TO THE POINT OF BEGINNING. (PIER
THENCE SOUTH 90'00'00" EAST, A DISTANCE OF 745 27).
FEET;
THENCE SOUTH 00'00'00" WEST A DISTANCE OF 20 FEET TO (CONTINUED ABOVE RIGHT)
THE TRUE POINT OF BEGINNING, AS SHOWN ON THE OFFICIAL TOGETHER WITH THE SOUTH HALF OF SOUTH FOREST STREET
MAP THEREOF ON FILE IN THE OFFICE OF THE DESCRIBED AS ALL OF
COMMISSIONER LOT 6 AND THE NORTH 40 FEET OF
OF PUBLIC LANDS AT OLYMPIA, WASHINGTON. LOT 7, BLOCK 373, PLAT OFT-'SEATTLE TIDELANDS.
(CONTINUED ABOVE RIGHT) SUBJECT TO PENDING STREET VACATION PETITION (CF 307732)
EXHIBIT B
TERMINAL 25 AND PIER 27
East Marginal Way SouthBulkhead Panel and Retaining Wall Maintenance Easement
Seattle Department of Transportation
THAT PORTION OF THE SOUTH EAST QUARTER OF SECTION 7, TOWNSHIP
24 NORTH, RANGE 4 EAST W.M., CITY OF SEATTLE, KING COUNTY, STATE OF
WASHINGTON, FURTHER DESCRIBED AS FOLLOWS;
A PERMEANT UTILITY EASEMENT BEING 10 FEET IN WIDTH AND RIGHT
,
ONEST) OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE NORTHEAST CORNER ON LOT 5, BLOCK 373, PLAT OF
SEATTLE TIDE LANDS;
THENCE SOUTH 01 08'30" WEST, ALONG THE WESTERLY MARGIN OF EAST
MARGINAL WAY SOUTH, A DISTANCE OF 45.27 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 0108"30 EAST,ALONG SAID MARGIN, A
DISTANCE OF 260.00 FEET TO THE TERMINUS OF SAID EASEMENT.
March 14, 2007
East Marginal Way SouthBulkhead Panel and Retaining Wall Maintenance Easement
"Luqt.
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.-
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SEAPORT FACILITIES
szaazazsusa m Project: Seattle Depamnent of Transportation
1-800-424-5555
' Exhibit C, East Marginal Way South-Bulkhead
,
,
'
' Panel and Retaining Wall Easement
Return Address: ATTACHMENT B
Seattle Department of Transportation
Attn: Beverly Barnett, Street Vacation Supervisor
Street Vacation Supervisor
700 Fifth Avenue, Suite 3900
P.O. Box 34996
Seattle, Washington 98124-4996
South Park Public Shoreline Access SitePublic Access Easement
(Eighth Avenue South and South Portland Street)
REFERENCE #: City of Seattle, Clerk File No. 307732
Grantor: Port of Seattle
Grantee: Seattle Department of Transportation, City of Seattle
Abbreviated Legal: Exhibit A: South Park Public Shoreline Access Site,
SE1/4 29-24N-04E
Assessor's Property Tax Parcel #: Commercial Waterway District No.1
South Park Public Shoreline Access Site
(Eighth Avenue South and South Portland Street)
Public Access Easement
This easement for public access to shoreline area on Port of Seattle publicly-owned
property in the Duwamish Waterway, in South Park, is conveyed by the Port of Seattle, a
municipal corporation, ("Port"), to the City of Seattle, a municipal corporation ("City"),
as described below.
South Park Public Shoreline Access Site
Public Access Easement
Page 2
Recitals
1. The Port owns certain real property in King County, Washington, legally
described in Exhibit A, South Park Public Shoreline Access Site, Duwamish
Waterway, which is attached to and incorporated in this document by this
reference ("Port Property").
2. As part of the proposed vacation of the submerged portion of South Forest Street
requested by the port as an element of placement of a concrete piling supported
connecting bridge between Terminal 25 and Terminal 30, in Slip 27, East
Waterway, and as approved by the City of Seattle City Council on February 3,
1997, as described in Clerk File No. 307732, the Port is to convey to the City a
public shoreline access easement ensuring: (1) that the public has access to public
use facilities and improvements constructed by the Port on shore land provided by
the Port and in street right-of-way area owned by the City of Seattle, in South
Park, northeast of the Eighth Avenue South/South Portland Street intersection and
(2) that the South Park public shoreline access site will remain open and
accessible to the public.
3. In conjunction with the above referenced Clerk File No. 307732, vacation of the
submerged portion of South Forest Street, the City has required than an easement
for public shoreline access be provided on and across that portion of Port property
at the South Park public shoreline access site, west bank line of the Duwamish
Waterway, River Mile 3.3, legally described in Exhibit A which is attached to and
incorporated in this document by this reference ("South Park Public Shoreline
Access Easement").
Agreements
For and in consideration of valuable consideration, receipt of which is hereby
acknowledged, the Port conveys the following public access easement subject to the
conditions set forth below:
1. Easement. The Port hereby conveys and quit claims to the City, a perpetual nonexclusive
easement for public access over and across that portion of the Port
Property as described on Exhibit A and illustrated in Exhibit B, Easement Exhibit
Photograph.
2. Effective Date. This easement is effective upon the effective date of the ordinance
enacted by the Seattle City Council accepting the easement (or upon signature by
both parties if acceptance authority has been delegated).
South Park Public Shoreline Access Site
Public Access Easement
Page 3
3. Public shoreline use improvements: The South Park Public Shoreline Access Site,
consists of the following improvements: (1) approximately 17,000 square feet of
publicly-owned shoreline use/open space area, including approximately 13,275
square feet and 345 linear feet of Duwamish Waterway shoreline, owned by the
port, and approximately 3,725 square feet of public right-of-way, owned by the
City of Seattle (please refer to attached photograph exhibit); (2) landscape area,
including native riparian trees, shrubs, and emergent vegetation; (3) surface
features, including cement sidewalks, curbs, ramps, and approximately 180 linear
feet of shoreline pathway; (4) site use features, including approximately 1200
square feet activity area, with surrounding concrete seating wall, and concrete
steps to the waterway; (5) safety lighting; (6) seating benches and tables; (7)
interpretive sign panel and safety sign information; and, installed metal bridgegear
exhibit.
4. Hours of public shoreline access. Public access to shoreline improvements and
property described in Exhibit A will be available seven days per week. The
objective for use of the South Park Public Shoreline Access Site is to ensure the
maximum amount of public use and access, while recognizing specific conditions
at the Duwamish Waterway public shoreline access site and the need to ensure
safe public use of the area, consistent with the port's efforts to ensure thorough
enforcement of uniform regulations at public shoreline access sites throughout the
Duwamish Waterway and Elliott Bay. Site use hours and periods will be identical
to present use stipulations at the port's Terminal 5, Terminal 105, and Terminal
107, and Terminal 108 public shoreline access sites: (1) May 1 through
September 30, 6 AM to 9 PM (Pacific Daylight Time) and October 1 through
April 30, 6 AM to 7 PM (Pacific Standard Time); (2) Time and day use
restrictions are enforced as posted. Adjustments in hours of operation may be
agreed upon for due cause. This agreement is not intended to restrict the Port's
ability to limit public use and access to the site as necessary to ensure public
safety during emergencies, site maintenance and repair work, or circumstances
beyond the Port's reasonable control.
5. Private Property. The Port does not intend through this agreement to make a gift
or a dedication for any general public use other than public shoreline access on
that portion of the Port Property.
6. Maintenance. The Port shall be responsible for any and all costs related to
maintenance and repair of the completed public shoreline access site
improvements: (1) including public use features constructed in port-owned
property and in City right-of-way and (2) including, but not limited to, landscape
vegetation and irrigation/water supply system, signage, tables and benches,
pathways, activity area and seating wall, concrete shoreline steps, fencing,
installed bridge gear display, and interpretive materials.
South Park Public Shoreline Access Site
Public Access Easement
Page 4
7. Covenants Running with the Land. The agreements, easements, covenants, and
restrictions contained herein shall be deemed covenants running with the land and
shall inure to the benefit of and shall be binding upon the Port and its heirs,
successors and assigns. Conveyance of the Port Property shall be subject to this
agreement.
8. Permanence of Public Access. The South Park public shoreline access site and
easement legally described in Exhibit A will be in place consistent with the Port's
permanent use of vacated public right-of-way area in the submerged portion of
South Forest Street, Slip 27, East Waterway.
9. Entire Agreement. This agreement contains the entire agreement between the Port
and the City and supercedes and previous agreements or negotiations.
Modification or waiver of any provisions in this agreement shall be effective only
if made in writing and executed with the same formality as this easement.
GRANTOR:
PORT OF SEATTLE, a Washington municipal corporation
BY: ___________________________________
Tay Yoshitani, Chief Executive Officer
STATE OF WASHINGTON )
) SS
COUNTY OF ___________ )
On this ________ day of ______________________, 2010, before me, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared ______________________________________ to me known to be the CEO of
the Port of Seattle who executed the within and foregoing instrument, and acknowledged
that he/she/they signed the same as his/her/their free and voluntary act and deed, for the
uses and purposes therein mentioned.
GIVEN UNDER my hand and official seal hereto affixed the day and year in this
certificate first above written.
__________________________________________
(Signature of Notary)
EXHIBIT A
SOUTH PARK PUBLIC SHORELINE ACCESS SITE
Access Easement
Seattle Department of Transportation
A PERMANENT EASEMENT FOR PUBLIC ACCESS, ON, OVER AND ACROSS A
PARCEL OF LAND WITHIN THE COMMERCIAL WATERWAY NUMBER ONE,
SITUATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 24
NORTH, RANGE 4 EAST, W.M. CITY OF SEATTLE, KING COUNTY, WASHINGTON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29,
THENCE NORTH 8756'00" WEST, ALONG SOUTH SECTION LINE, A DISTANCE
OF 2,290.79 FEET;
THENCE NORTH 0204'00" EAST, A DISTANCE OF 515.12 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE NORTH 4751'34" WEST, ALONG THE WEST MARGIN OF COMMERCIAL
WATERWAY NUMBER ONE, A DISTANCE OF 390.47 FEET;
THENCE NORTH 4208'26" EAST, A DISTANCE OF 54.00 FEET;
THENCE SOUTH 4751'34" EAST, A DISTANCE OF 390.47 FEET;
THENCE SOUTH 4208'26" WEST, A DISTANCE OF 54.00 FEET TO THE WEST
MARGIN OF SAID WATERWAY AND THE TRUE POINT OF BEGINNING.
CONTAINING 21,086 SQUARE FEET OR 0.48 ACRES, MORE OR LESS.
January 25, 2006
BASIS OF BEARING = NAD 83
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South Park Public Shoreline
Access Site
(South Portland Street/Eighth
Avenue South)
Reference:
South Forest Street Vacation
Request,
Clerk File Number 307732
!
' Department of Planning and
Development,
Project Number 3004472
,' i
H Department of Transportation, South
Portland Street
. '1 Publlc Access Street
Improvements,
SDOT Project Number: 30262
A
9
CITY RIGHTOFWAY
IMPROVEMENTS
SOUTH PORTLAND STREET/EIGHTTH AVENUE SOUTH
NORTH MARC/N OF lTiQQTION
SOUTH PARK PUBE/C:SHOREL"INErACCESS
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ATTACHMENT C
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Seattle Public Utilities Real Property Services
Post Office Box 34018
Seattle, WA 98124-4018
STORM WATER DRAINAGE FACILITIES EASEMENT
Reference Nos. of Document Released: None
Grantor: Port of Seattle
Grantee: City of Seattle
Legal Description (abbreviated): Portions of Lots 5, 6 and 7, Block 373, Seattle
Tide Lands, portion of vacated South Forest
Street as vacated by City of Seattle Street
Vacation Ordinance #13732, and vacated South
Forest Street adjoining
Assessor's Tax Parcel ID No. 7666207830 & 7666207900
This Easement ("Easement") is made effective as of the ____ day of
_________________, 2010 by and between the Port of Seattle, a Washington municipal
corporation ("Grantor"), and the City of Seattle, a Washington municipal corporation,
acting by and through Seattle Public Utilities ("Grantee").
RECITALS
WHEREAS, Grantor petitioned the City of Seattle to vacate a sub-merged portion of
South Forest Street, west of East Marginal Way South and east of the east margin of the
East Waterway in the Duwamish Industrial area of Seattle ("Street"), as more particularly
described in the vacation petition to the City of Seattle Clerk File No. 307732, and as
legally described in the attached and herein incorporated Exhibit A ("Vacated Area");
and
WHEREAS, Grantor owns King County Assessor's Tax Parcel Numbers 7666207830
and 7666207900 (collectively, "Grantor's Property"), the real property abutting the
Vacated Area to the north and south respectively; and
WHEREAS, Grantee owns and operates a municipal stormwater drainage system
("System") and its long-range System plan includes plans to construct a storm water
drainage outfall and other necessary and convenient appurtenances or facilities
("Stormwater Facilities") from East Marginal Way South into the Vacated Area; and
WHEREAS, Grantee's vacation of the Street is conditioned, in part, on Grantor
conveying a satisfactory utility easement to Grantee for future Stormwater Facilities; and
WHEREAS, Grantor desires to fulfill conditions for the vacation of South Forest Street,
in accordance with City of Seattle Clerk File No. 307732.
NOW, THEREFORE, the parties agree as follows:
EASEMENT
In consideration of Grantee's vacation of South Forest Street, and other good and
valuable consideration, receipt of which are hereby acknowledged, Grantor hereby
conveys and grants, insofar as it has rights, title and interest in South Forest Street, or
hereinafter acquires rights, title or interest in the Street, to Grantee, a ten-foot (10') wide,
nonexclusive, permanent easement for the construction, installation, operation and
maintenance of Stormwater Facilities over, under, through, across and upon an easterly
portion of Grantor's Property and the Vacated Area, as legally described in Exhibit B
attached hereto and incorporated herein ("Easement Area").
This Easement shall include only such rights in the Easement Area as shall be necessary
for the construction, installation, reconstruction, alteration, operation, improvement,
maintenance, inspection, repair and replacement of Stormwater Facilities and access
thereto ("Purposes"). Grantor, its successors and assigns, shall have the right to use the
Easement Area 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.
A. Grantee's Purposes, Uses and Obligations
1. Grantee, and its employees, contractors and consultants shall have the right to enter
upon and use the Easement Area at all times for the Purposes herein.
2. Grantee, at its own expense, shall have the right to install, replace and improve any
Stormwater Facilities within the Easement Area with Stormwater Facilities of the
same or larger diameter and capacity, or functionality; provided that, upon
completion, any new Stormwater Facilities will not unreasonably block, obstruct,
hinder or otherwise prevent access over and across the Grantor's Property.
2. Grantee agrees to restore the Easement Area following any activity by Grantee that
disturbs the Easement Area, to the condition it was in immediately prior to Grantee's
work being commenced.
B. Grantor's Obligations and Activities in Easement Area
1. Grantor agrees that, it will not knowingly permit any other utility facility, including
without limitation, conduits, cable, pipelines, vaults, poles, posts, whether public or
private, to be installed within the Easement Area, without the prior written approval
of Grantee, which may include required horizontal and vertical clearances depending
on the type and size of Stormwater Facilities installed.
2. Grantor shall not, and shall not permit its employees, agents, lessees, tenants,
licensees or invitees to make any excavation, boring, or tunneling within the
Easement Area without the prior written approval of Grantee.
3. Grantor shall not, and shall not permit its employees, agents, lessees, tenants
licensees or invitees to (a) erect, plant, or allow to remain any buildings, walls,
rockeries, trees, shrubbery, or obstructions of any kind or (b) place any fill material
of any kind within the Easement Area, without the prior written permission and
approval of Grantee.
4. Grantor acknowledges and agrees that it has represented to Grantee that it will not
fill or develop the submerged portion of the Street so that the Stormwater Facilities
constructed within the Easement Area can properly function as an outfall into a
waterway and that it has entered into agreements with other parties that run with the
land that prevent Grantor from filling or developing the submerged portion of the
Street. In the event those agreements are no longer valid, or for any other reason
Grantor is allowed to and plans to fill or develop the submerged portion of the Street,
which will frustrate the Purposes of this Easement Agreement, Grantor shall
promptly grant and record an amended easement with a new alignment across
Grantor's Property that is acceptable to Grantee to extend the Stormwater Facilities
to an available waterway at no cost to Grantee. In addition, Grantor will reimburse
Grantee for the reasonable costs to extend the Stormwater Facilities caused by
Grantor's fill or development of the submerged portion of the Street within 60 days
of receipt of an invoice from Grantee. Grantor will provide reasonable notice of the
planned fill or development to Grantee and coordinate any plans and schedules to
avoid disruption to Grantee's Stormwater Facilities.
C. Indemnification and Insurance
1. To the extent permitted by law, Grantor and Grantee shall protect, defend,
indemnify, and save harmless the other party, and its officers, officials, employees,
and agents from any and all costs, claims, demands, judgments, damages, or liability
of any kind including injuries to persons or damages to property (each, a "Claim"), to
the extent caused by the negligent acts, omissions or willful misconduct of the
indemnifying party. Each party agrees that its obligations under this Section C extend
to any claim, demand, or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, each party, by mutual negotiation, hereby
waives, with respect to the other party only, any immunity that would otherwise be
available against such claims under the industrial insurance provisions of Title 51
RCW. In the event of any claims, demands, actions or lawsuits, the indemnifying
party upon prompt notice from the other party shall assume all costs of defense
thereof, including legal fees incurred by the other party, and of all resulting
judgments that may be obtained against the other party. The prevailing party shall be
entitled to recover its reasonable costs and expenses (including reasonable attorneys'
fees) incurred to enforce the provisions of this section.
2. Grantor shall indemnify, defend and hold harmless Grantee, its officers, employees
and agents from any and all liabilities, losses, damages, costs, expenses or claims of
any kind or nature (including, without limitation, reasonable attorneys' fees and any
liability for costs of investigation, abatement, remediation, cleanup, fines, penalties,
or other damages arising under any environmental laws) arising out of or in
connection with the disposal, release or discharge, migration, handling, or
transportation of hazardous materials or substances, as that term may be defined by
applicable local, state or federal law on or from any portion of Grantor's Property,
including the Easement Area, any time after the recording of this Easement, except to
the extent caused by Grantee's operations for the Purposes herein.
D. Compliance with Laws
Grantee and Grantor in the exercise of their respective rights under this Easement
Agreement shall comply with all applicable federal, state and local laws, ordinances, and
regulations, including environmental laws and regulations.
E. Runs with Land
This Easement 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.
Grantor and Grantee hereby represent and warrant to each other that it has necessary
authorization to enter into this Easement and that it has been executed by a duly
authorized officer of Grantor and Grantee respectively.
[THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
[SIGNATURE(S) ON ATTACHED PAGE(S)]
Port of Seattle, a Washington The City of Seattle
municipal corporation Seattle Public Utilities
By ______________________________ By ___________________________________
Ray Hoffman, Director
Date ________________________, 2010 Date __________________, 2010
STATE OF _________________________ )
)
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 he is
authorized to execute the instrument and acknowledged it as the
_________________________________________________of_the Port of Seattle, to be the free
and voluntary act of such party(ies) for the uses and purposes mentioned in the instrument.
SUBSCRIBED AND SWORN to before me this ____day of __________________2010
NAME________________________________
(Print name) ___________________________
NOTARY PUBLIC in and for the State of
Washington ____________________________
Residing at Seattle _______________________
My appointment expires: ___________, 20 ___
STATE OF _______________________ )
) SS.
COUNTY OF _____________________ )
I certify that I know or have satisfactory evidence that Ray Hoffman 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 Director of Seattle Public Utilities of the
City 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 __________________2010
NAME________________________________
(Print name) ___________________________
NOTARY PUBLIC in and for the State of
Washington ____________________________
Residing at Seattle _______________________
My appointment expires: ___________, 20 ___
ATTACHMENT C
EXHIBIT A
LEGAL DESCRIPTION OF VACATED AREA
That portion of South Forest Street within the Southeast Quarter of Section 7, Township
24 North, Range 4 East, W.M., being a strip of land one hundred (100) feet in width and
eight hundred and six and one-tenth (806.1) feet in length, lying West of East Marginal
Way South, and South of Lot 5, Block 373, Seattle Tide Lands, King County,
Washington.
(Also described, per City of Seattle Acceptance Ordinance No. 13809, as a strip of land
one hundred (100) feet in width and eight hundred and six and one-tenth (806.1) feet in
length, the same being all of Lot 6 and the north forty (40) feet of Lot 7, Block 373,
Seattle Tide Lands, King County, Washington)
ATTACHMENT C
EXHIBIT B
EASEMENT AREA
That portion of the Southeast Quarter of Section 7, Township 24 North, Range 4 East,
W.M., City of Seattle, King County, State of Washington, described as follows;
A strip of land 10 feet in width, West of and adjoining the following described line;
Commencing at the Northeast corner of Lot 5, Block 373, Plat of Seattle Tide Lands;
Thence South 01 08'30" West, along the Westerly margin of East Marginal Way South,
a distance of 45.27 feet to the true point of beginning;
Thence continuing South 01 08'30" West, along said margin, a distance of 260.00 feet to
the terminus of said Easement.
(Containing 2,600 square feet more or less)
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