5b Attachments
King County Real Estate Services
King County Administration Building, Rm. 500
500 Fourth Avenue
Seattle, WA 98104
Grantor: Port of Seattle
Grantee: King County
Legal Des: Por. CWW #1
Tax ID #: Por. 332404-1111
Ref # 9-2006-001 #11
AQUATIC EASEMENT
THIS AGREEMENT made this ___________ day of _____________________, 2010, between
Port of Seattle, a Washington State municipal corporation , hereinafter called the Grantor, and
KING COUNTY, a political subdivision of the State of Washington, hereinafter called the
Grantee.
WHEREAS, the Grantor is the successor to the Commercial Waterway District No. 1 of King
County, the former owner of that certain parcel of land described as follows:
A tract of land in the Duwamish Waterway as established by Commercial
Waterway District No. 1, between River Mile 3.6 and 3.9, within the northeast
quarter of Section 32, Township 24, Range 04 East, W.M., in King County,
Washington. ("Duwamish Property")
WHEREAS, the Grantee needs to enter upon the above described property for the purpose of
installing piers and pilings for the South Park Bridge, including moveable bridge piers, pier
protection system, operation, use and maintenance of the bridge.
NOW, THEREFORE, in consideration of the promises contained in this agreement, the
Grantor hereby conveys, quitclaims, and grants to the Grantee the non-exclusive right to
locate equipment and to work on the following described land for the purposes of carrying on
said construction activities consistent with the purposes of the project:
That portion of parcel number 332404-1111 in the NE of Section 32, Township 24 North,
Range 4 East, W.M. in King County, Washington described in Exhibit A and depicted in
Exhibit B ("Aquatic Easement Area").
The Grantor hereby and the Grantee, by accepting and signing this Aquatic Easement, mutually
covenant and agree as follows:
1. In consideration for the Grantor's grant of the easement rights, Grantee agrees to
compensate the Grantor as follows:
A. For those portions of the Duwamish Property used for shoreline restoration in
connection with the South Park Bridge project ("Shoreland"), Grantee will make
available to Grantor certain portions of Grantee's land in the vicinity of the bridge
project identified in Exhibit C ("Remnant Areas"). Grantor will, in its reasonable
discretion, determine if the Remnant Areas made available will be reasonably
sufficient to compensate for the Shoreland's aquatic habitat mitigation value as
measured in discounted service acre year ("DSAY") credits (determined through the
methodology established by the Natural Resource Damages trustees for the Duwamish
Waterway). Grantee may convey fee title to the Remnant Areas or grant use to the
Remnant Areas at no cost to the Grantor. If Grantee does not convey title and only
grants use for the Remnant Areas, Grantee will compensate Grantor for the loss of the
Remnant Areas as measured in DSAY credit value for the Duwamish Waterway if
Grantor loses the right to use the Remnant Areas.
B. Grantor will not charge Grantee for the value of the Aquatic Easement Area.
However, the value for the Aquatic Easement Area will be credited against any other
financial commitment Grantor makes for the South Park Bridge project once the
Grantee determines the final size of the Aquatic Easement Area. The value will be
established by appraisers hired by each party. If the two appraisers cannot agree on a
value, the appraisers will select a third appraiser (with costs to be split equally between
the Grantor and Grantee) who will then decide on a value.
2. Grantor reserves the right to use the Aquatic Easement Area to the extent that its use is
not inconsistent with Grantee's use.
3. Grantee shall have the right of reasonable ingress and egress over and across the
Duwamish Property to and from the above described property, solely for the purpose of this
easement.
4. Grantee shall, unless an emergency exists, provide a minimum of seven (7) days prior
notice to Grantor of its intention to start any construction within the Aquatic Easement Area.
5. Grantee shall, at all times comply, with all applicable federal, state and local laws,
ordinances, and regulation in connection with its use of the Aquatic Easement Area.
6. Grantee shall keep the Aquatic Easement Area free of any liens and encumbrances
arising out of its activities relating to the Aquatic Easement.
7. Grantee shall be liable for, and must pay throughout the duration of this Aquatic
Easement, any applicable fees or taxes for its activities, its presence, or both on the Aquatic
Easement Area.
8. Grantee shall indemnify, defend and hold Grantor harmless from and against all claims
and all costs, expenses and liabilities (including reasonable attorney's fees) as a result of the
death of, or any accident, injury, loss or damage whatsoever caused to any person or the
property of any person except where such claims and costs, expenses, and liabilities arise out
of the negligence or intentional acts or omissions of the Grantor, its employees, agents, or
contractors in connection with the Aquatic Easement Area.
9. The easement is being acquired as if the rights herein granted had been acquired by
condemnation proceedings under Eminent Domain Statutes of the State of Washington.
10. The parties expressly agree that there is no intent to convey any other rights except
those that are granted in this easement. The parties do not intend for this Easement to convey
fee title in any form or any other interest other than a non-exclusive easement for the purposes
described.
11. The rights, conditions, and provisions of this easement shall inure to the benefit of and
be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
R/W # 9-2006-001 #11
Aquatic Easement
SUBJECT, however, to all valid existing rights-of-way for highways, roads, railroads,
pipelines, canals, laterals, electrical transmission lines, cable lines, and all mineral rights.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seal the day and year
first above written.
PORT OF SEATTLE KING COUNTY
________________________________ _________________________________________
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day personally appeared before me
to me known to be the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that signed the same as free and
voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal the day of , 2010.
_______________________________________________________
_______________________________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at:
_______________________________________________________
My appointment expires:
___________________________________
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day personally appeared before me
to me known to be the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that signed the same as free and
voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal the day of , 2010.
___________________________________________________
___________________________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at:__________________________________________
My appointment expires:
___________________________________
R/W # 9-2006-001 #11
Aquatic Easement
EXHIBIT A
thence southerly to a point 50.00 feet right of Engineer's Station SPB 33+08.95 of said survey;
thence southeasterly to a point 137.19 feet right of Engineer's Station SPB 32+65.46 of said
survey;
thence southerly to a point 149.32 feet right of Engineer's Station SPB 32+28.l4 of said survey;
thence westerly to a point 139.81 feet right of Engineer's Station SPB 32+24.8l of said survey;
thence northerly to a point 129.02 feet right of Engineer's Station SPB 32+58.36 of said survey;
thence northwesterly to a point 50.00 feet right of Engineer's Station SPB 32+97.77 of said
survey;
thence southerly to a point 50.00 feet right of said Engineer's Station PT 32+41.70 and the
beginning of a tangent curve to the left having a radius of 21 50.00 feet;
thence along said curve, southerly to a point on said southwesterly line, said point being 50.00
feet right of Engineer's Station SPB 30+89.55 of said survey;
thence along said southwesterly line, northwesterly to the Point of Beginning.
Containing: 60,698 square feet, more or less.
EXHIBIT B
King County Real Estate Services
King County Administration Building, Rm. 500
500 Fourth Avenue
Seattle, WA 98104
Grantor: Port of Seattle
Grantee: King County
Legal Des: Por. Commercial Waterway #1
Tax ID #: Por. 322404-1111
Ref # 9-2006-001 #11
TEMPORARY RESTORATION EASEMENT
THIS AGREEMENT made this ___________ day of _____________________, 2010, between Port of Seattle, a
Washington State municipal corporation , hereinafter called the Grantor, and KING COUNTY, a political
subdivision of the State of Washington, hereinafter called the Grantee.
The Grantor is the successor to the Commercial Waterway District No. 1 of King County, the former owner of that
certain parcel of land described as follows:
A tract of land in the Duwamish Waterway as established by Commercial Waterway District
No. 1, between River Mile 3.6 and 3.9, within the northeast quarter of Section 32, Township
24, Range 04 East, W.M., in King County, Washington.
("Duwamish Property") The Grantee needs to enter upon the above described property for the purpose of
mitigation for the reconstruction of the South Park Bridge, with such mitigation to include; planting vegetation;
constructing streambank stabilization facilities; and to maintain, repair, remove, or replace said plantings and
facilities. Accordingly, the Grantee shall have the reasonable right of ingress and egress over and across the
Duwamish Property to and from the above described property, solely for the purpose of this easement.
Grantor, in consideration of mutual benefits receipt which is hereby acknowledged, and the benefits which will
accrue to the Grantor by the exercise of the rights herein granted, does hereby grant, convey, and quitclaim to the
Grantee, its successors and assigns, a non-exclusive easement described below for the purposes hereinafter stated
over, through, and across that certain parcel of land situated in King County, Washington, depicted in Exhibit A and
described as follows:
Easement 1:
Beginning on the southwesterly line of said parcel at a point 137.43 feet left of South Park Bridge #3179
Replacement right-of-way centerline Engineer's Station SPB 31+91.98 per King County Survey No. 32-24-4-22;
thence along said southwesterly line, southeasterly to a point 144.79 feet right of Engineer's Station SPB 30+29.35
of said survey;
thence northerly to a point 145.44 feet right of Engineer's Station SPB 30+91.54 of said survey;
thence northwesterly to a point 114.53 feet left of Engineer's Station SPB 32+34.02 of said survey;
thence southwesterly to the Point of Beginning.
Easement 2:
Beginning on the northeasterly line of said parcel at a point 90.85 feet left of South Park Bridge #3179 Replacement
right-of-way centerline Engineer's Station SPB 37+25.12 per King County Survey No. 32-24-4-22;
thence along said northeasterly line, southeasterly to a point 129.09 feet right of Engineer's Station SPB 36+14.99 of
said survey;
thence southwesterly to a point 106.69 feet right of Engineer's Station SPB 35+70.23 of said survey;
thence northwesterly to a point 113.25 feet left of Engineer's Station SPB 36+80.42 of said survey;
thence northeasterly to the Point of Beginning.
Total Area Containing: 27,831 square feet, more or less ("Shoreland").
The Grantor and the Grantee, by accepting and signing this Restoration Easement, mutually
covenant and agree as follows:
1. Grantor reserves the right to use the Restoration Easement area to the extent that its
use is not inconsistent with Grantee's use.
2. Grantee shall have the right of reasonable ingress and egress over and across the
Duwamish Property, solely for the purpose of this easement.
3. Grantee shall, unless an emergency exists, provide a minimum of seven (7) days prior
notice to Grantor of its intention to start any construction within the Shoreland.
4. Grantee shall, at all times comply, with all applicable federal, state and local laws,
ordinances, and regulation in connection with its use of the Shoreland.
5. Grantee shall keep the Shoreland free of any liens and encumbrances arising out of its
activities relating to the Restoration Easement.
6. Grantee shall be liable for, and must pay throughout the duration of this Restoration
Easement, any applicable fees or taxes for its activities, its presence, or both on the Shoreland.
7. Grantee shall indemnify, defend and hold Grantor harmless from and against all claims
and all costs, expenses and liabilities (including reasonable attorney's fees) as a result of the
death of, or any accident, injury, loss or damage whatsoever caused to any person or the
property of any person except where such claims and costs, expenses, and liabilities arise out
of the negligence or intentional acts or omissions of the Grantor, its employees, agents, or
contractors in connection with the Restoration Easement area.
8. This Agreement shall remain in existence until such time as Grantee, its successors
and assigns, will have fully carried out the original construction necessary to complete the
project and is made to the same extent and purposes as if the rights herein granted had been
acquired by condemnation proceedings under Eminent Domain Statutes of the State of
Washington, but in no event longer than five years from the date of execution.
9. The parties expressly agree that there is no intent to convey any other rights except
those that are granted in this easement. The parties do not intend for this Easement to convey
fee title in any form or any other interest other than a non-exclusive easement for the purposes
described.
10. The rights, conditions, and provisions of this easement shall inure to the benefit of and
be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
11. Grantee shall compensate Grantor for the Shoreland taken in the manner described in the
Aquatic Easement when executed, a copy of which is attached as Exhibit B.
SUBJECT, however, to all valid existing rights-of-way for highways, roads, railroads,
pipelines, canals, laterals, electrical transmission lines, cable lines, and all mineral rights.
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written.
PORT OF SEATTLE, GRANTOR
________________________________
________________________________
KING COUNTY, GRANTEE
_______________________________
_______________________________
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day personally appeared before me
to me known to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that signed the same as free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and official seal the day of , 2010.
_______________________________________________________
_______________________________________________________
NOTARY PUBLIC in and for the State of Washington, residing at:
_______________________________________________________
My appointment expires: ___________________________________
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day personally appeared before me
to me known to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that signed the same as free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and official seal the day of , 2010.
_______________________________________________________
_______________________________________________________
NOTARY PUBLIC in and for the State of Washington, residing at:
_______________________________________________________
My appointment expires: ___________________________________
R/W # 9-2006-001 #11
Restoration Easement
EXHIBIT A
King County Real Estate Services
500 Fourth Avenue, Room 500A
Seattle, WA 98104
Reference # 9-2006-001 # 11
Grantor: 1) Port of Seattle
Grantee: 1) King County
Legal: Por. Commercial Waterway #1
Tax ID No: Por. 322404-1111
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT made this ________ day of ___________________________, 2010 between Port
of Seattle, a Washington municipal corporation, hereinafter called Grantor, and KING COUNTY, a
political subdivision of the State of Washington, hereinafter called Grantee:
WHEREAS, the Grantor is the successor to the Commercial Waterway District no. 1 of King County, the
former owner of that certain parcel of land described as follows:
A tract of land in the Duwamish Waterway as established by Commercial Waterway District No. 1,
between River Mile 3.6 and 3.9, within the northeast quarter of Section 32, Township 24, Range 04
East, W.M., in King County, Washington,
WHEREAS, the Grantee is about to perform certain improvement work on: Construction of a new
South Park Bridge and demolition of existing moveable bridge.
NOW, THEREFORE, in consideration of the promises contained in this agreement, the Grantor hereby
conveys, quitclaims, and grants to the Grantee the non-exclusive right to locate equipment and to work
on the following described land for the purposes of carrying on said construction activities consistent
with the purposes of the project:
That portion of parcel number 322404-1111 in the NE of Section 32, Township 24 North, Range 4
East, W.M. in King County, Washington described in Exhibit A and depicted in Exhibit B.
The Grantor hereby and the Grantee, by accepting and signing this Temporary Construction Easement,
mutually covenant and agree as follows:
1 of 4
1. Grantor reserves the right to use the Temporary Construction Easement area to the extent that
its use is not inconsistent with Grantee's use.
2. Grantee shall, unless an emergency exists, provide a minimum of seven (7) days prior notice to
Grantor of its intention to start any construction within the Temporary Construction Easement area.
3. Grantee shall, at all times comply, with all applicable federal, state and local laws, ordinances,
and regulation in connection with its use of the Temporary Construction Easement area.
4. Grantee shall keep the Temporary Construction Easement area free of any liens and
encumbrances arising out of its activities relating to the Temporary Construction Easement.
5. Grantee shall be liable for, and must pay throughout the duration of this Temporary
Construction Easement, any applicable fees or taxes for its activities, its presence, or both on the
Temporary Construction Easement.
6. Grantee shall indemnify, defend and hold Grantor harmless from and against all claims and all
costs, expenses and liabilities (including reasonable attorney's fees) as a result of the death of, or any
accident, injury, loss or damage whatsoever caused to any person or the property of any person except
where such claims and costs, expenses, and liabilities arise out of the negligence or intentional acts or
omissions of the Grantor, its employees, agents, or contractors in connection with the Temporary
Construction Easement area.
7. This Agreement shall remain in existence until such time as Grantee, its successors and assigns,
will have fully carried out the original construction necessary to complete the project and is made to the
same extent and purposes as if the rights herein granted had been acquired by condemnation
proceedings under Eminent Domain Statutes of the State of Washington, but in no event longer than
five years from the date of execution.
8. The parties will execute a permanent easement in the form attached as Exhibit C no later than
five years from the date of execution of this Agreement.
9. The parties expressly agree that there is no intent to convey any other rights except those that are granted
in this easement. The parties do not intend for this Easement to convey fee title in any form or any other interest
other than a non-exclusive easement for the purposes described.
RW No: 9-2006-001 #11
Temporary Construction Easement
IN WITNESS WHEREOF, the undersigned has executed this instrument this ________ day of
___________________, 2010.
BY:____________________________________________________________________________
ITS:______________________________________ ______________________________________
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this day of , 2010, before me personally appeared
_____________________________________________________________________________________
to me known to be the ___________ of Port of Seattle that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that __________ authorized to
execute said instrument, and that the seal affixed is the corporate seal of said corporation
GIVEN under my hand and official seal the day and year last above written.
_______________________________________________________
_______________________________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at:__________________________________________
My appointment expires: _______________________________
RW No: 9-2006-001 #11
Temporary Construction Easement
EXHIBIT A
That portion of the aforementioned described parcel:
Containing: 5.695 Acres
RW No: 9-2006-001 #11
Temporary Construction Easement
EXHIBIT B
"wx
Item: 5b_Supp 4
July 13, 2010
'4.
N('[li(1"""
":Ikmwid
' ROS! (:7
_
S HUN? 5 ,'
ft"
5 WM ; M15155!
anmwunm-mwumm
EASEMENTSANDTAKES umamummunmnmmm
mummanm-wum,
SOUth Park """Esmm" :2:m.;.........m:.':.:m
PIER "Mum-mummgm'm
"a | \ I \Imlll'lnm
mauvwhwuu \
Bridge Replacement "m"
wary-x-zxmrax
AQUATIC
mm
Right-of-Way Acquisition baggage-is
TCE/ARO _,__.
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.