HomeMy WebLinkAboutSP-Exceptions 068e_20131206001379I ST AM
531+03 0
20131206001379.001
When recorded mail to:
BNSF Railway Company
C/o HDR Engineering, Inc.
123 Second Avenue South
Edmonds, WA 98020
For tax information mail to:
BNSF Railway Company
Property Tax Department
P.O. Box 961089
Fort Worth, TX 76161-0089
III III 1111111111111111111111
131206001379
E2644351
12/06/2013 15:09
KING COUNTY, WA
TAX $29.444.60
SALE $1, 53,910.00
DOCUMENT TITLE: Bargain and Sale Deed
REFERENCE NUMBERS OF RELATED DOCUMENTS: 20030221002404,
PAGE-001 OF 001
20040108000164,20050504000673
GRANTOR/BORROWER: Longacres Park, Inc., a Washington corporation, formerly known
as Broadacres,Inc.
GRANTEE/ASSIGNEE/BENEFICIARY: BNSF Railway Company, a Delaware corporation
and BN Leasing Corporation, a Delaware corporation
LEGAL DESCRIPTION: Lots 1-4, 7 & 9, BOEING LONGACRES PROPERTY, SECOND
AMENDED BINDING SITE PLAN NO. LUA-02-022-BSP
(228/2) rec. 20050504000673 and Lots 27, 28 & 30, LLA 07-068
rec.20070911900008
ASSESSOR'S PARCEL NO(S). 088670-00010, 088670-0020, 088670-0030, 088670-0040,
088670-0070, 088670-0090, 088670-0270, 088670-0280,
088670-0300
20131206001379.002
BARGAIN AND SALE DEED
Longacres Park, Inc., a Washington corporation, formerly known as Broadacres, Inc.
("Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash
and other good and valuable consideration to it paid by BNSF RAILWAY COMPANY, a
Delaware corporation, as to an undivided 98% interest, and BN Leasing Corporation, a Delaware
corporation, as to an undivided 2% interest, both as tenants in common ("Grantee"), whose
mailing address is 2500 Lou Menk Drive, Fort Worth, Texas 76131, the receipt and sufficiency
of which are hereby acknowledged and confessed, by these presents does GRANT, BARGAIN,
SELL, and CONVEY unto the Grantee that certain tract of land ("Land") described on Exhibit
"A" hereto, together with all improvements thereon and all rights and appurtenances
appertaining thereto, and all of Seller's rights and interest, if any, in and to all easements and
alleys, highways, or streets in, on, across or adjoining the Land (herein collectively called the
"Property").
This Deed is executed by Grantor and accepted by Grantee subject to validly existing and
enforceable rights, interests, and estates, if any do in fact exist, but only to the extent that the
same do in fact exist, of third parties in connection with those items set out and listed on Exhibit
"B" hereto (herein called the "Permitted Encumbrances").
TO HAVE AND TO HOLD the Property together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee, its legal representatives, successors,
and assigns forever; and Grantor does hereby bind itself, its legal representatives, successors, and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the
Permitted Encumbrances, unto Grantee, its legal representatives, successors, and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof by, through,
or under Grantor, but not otherwise.
Provided that nothing in the following list of restrictions shall ever in any way, whatsoever,
restrict, limit or encumber the ability of GRANTEE (its successors and assigns) to use the
Property for rail -road operations (including, without limitation, constructing, operating,
reconstructing and maintaining rail tracks, rail communications facilities and towers, fiber optic
line facilities, depots, and any and all other rail operation related uses), and further provided that
nothing herein shall be deemed a waiver or limitation of the preemptive effect of federal or state
law related to rail operations, by executing this Deed, the GRANTEE hereby accepts the
Property, and agrees for itself and its successors in title to the Property and for all tenants,
licensees, and occupants of the Property forever that:
1. None of the following sensitive uses shall be permitted on any portion of the Property:
residential housing, schools, daycare facilities, hospitals, assisted living facilities,
medical offices, and extended -stay hotels.
2. No agricultural farming use shall be permitted on the Property.
3. No drinking water production wells shall be placed on the Property, and there shall be no
consumption or other use of groundwater under the Property.
4. No environmental remediation facilities shall be permitted on the Property; provided,
however, the foregoing shall not apply in the event GRANTEE is ordered by or agrees to
20131206001379.003
cooperate with the applicable governmental authority to place monitoring facilities on the
Property.
5. No manufacture, refining, or distribution of butane, propane, gasoline or other fuels shall
occur at the Property.
6. No bulk storage of paint or varnish (e.g., in excess of 500 gallons in a single
container), except in rail -road cars, shall be permitted at the Property.
7. No facilities for manufacturing involving drop forge industries, smelting or metal
plating or compounding, processing or treatment of acids, detergents,
disinfectants, dyes or lubricating oils shall be permitted at the Property.
8. No facilities for disposal or treatment, recycling or storage of garbage, refuse, or
hazardous or toxic materials or substances shall be permitted at the Property,
except for rail -road cars in normal interstate commerce.
9. No facilities for recycling of plastics, metals or other materials shall be permitted at the
Property.
10. No repairing or rewinding of transformers or generators, outdoor storage
ofpaving materials or outdoor building materials storage, wrecking yard, junk
yard or welding shop shall be permitted at the Property (with the exception of
ancillary welding activity necessary to support normal business operations at
the Property).
11. Prior to the installation or construction of any foundation for buildings to be located on
the property identified on Exhibit A as "Legal Description of Parcel Take: Boeing Lot 3",
the soils within the perimeter of any such foundation and the soils within fifteen (15) feet
of the exterior of the perimeter of any such foundation shall be excavated to a depth of
not less than 3 feet. Upon the completion of such excavation, Grantee will provide to
Grantor reasonably detailed written evidence of such completion and shall deliver such
written evidence to Boeing Law Department, 7755 E. Marginal Way S, MC l l-XT,
Seattle, WA 98108, Attn: Environmental, Health & Safety.
The GRANTOR and the GRANTEE each agrees and acknowledges that each of the foregoing
covenants touches and concerns the Property and agrees that the burden of each such covenant is
intended by the parties to run with the land and to burden all owners, lessees, licensees, and
occupants of the Property from time to time.
The GRANTOR and the GRANTEE each agrees that the foregoing covenants are for the benefit
of the GRANTOR as the owner of the land described in Exhibit C (the "Retained Property") and
that the benefit of each such covenant is intended by the parties to run with the land and to
benefit the owner of the Retained Property from time to time.
The GRANTOR and the GRANTEE each agrees that the harm that may result to the GRANTOR
upon a breach of any of the foregoing covenants would be difficult or impossible to compensate
through the payment of money damages and that therefore upon a breach of any of the foregoing
covenants the GRANTOR or its successors in title to the Retained Property may seek to obtain
equitable relief with respect to any such breach.
20131206001379.004
Dated: Ik Cem be r (0 / ",
GRANTOR:
LONGACRES PARK, INC.
a Washington corporation,
formerly known as Broadacres, Inc.
By:
Name: Stem E. SaNinger
Title:
Date Signed: / 11 S % 1;�
GRANTEE:
BNSF RAILWAY COMPANY,
a Delaware corporation
By: _
Name:
Title:
Date Signed:
BN LEASING CORPORATION,
a Delaware corporation
By: _
Name:
Title:
Date Signed:
20131206001379.005
Dated:
Ce7LMato] IN
LONGACRES PARK, INC.
a Washington corporation,
formerly known as Broadacres, Inc.
By: _
Name:
Title:
Date Signed:
GRANTEE:
BNSF RAILWAY COMPANY,
a Delaware corporation
By:a
�r. /
•r� ��
Date Signed: (---3 —tT
BN LEASING CORPORATION,
a Delaware corporation
By:
Name: Mark D- ❑de
Title: AMP -Corporate Real Estate Development
Date Signed: 1—r 3
20131206001379.006
ACKNOWLEDGMENT
State of Texas )
ss.
County ofT&?P&O )
I certify that I know or have
satisfactory evidence that_
N le is the person who appeared
before me, and said person acknowledged
.that he signed this instrument, on oath
stated that she/he was authorized to execute
the instrume t and acknowledged it as the
AV - Ntp Real Ensta% Pev. of
BNSF Railway Company, a Delaware
corporation to be the free and voluntary act
and deed of such party for the uses and
purposes mentioned in the instrument.
Dated: 11 - d 3 -1J
Notary public in and for the State of
Texas, residing at
- W (M)l JX
My appointment expires
TAMMY K HERNDON
Notary Rbk
` ' STATE OF TEXAS
�' w�. Exp.j0j=0Ja
ACKNOWLEDGMENT
State of Washington
ss.
County of King
I certify that I know or have
satisfactory evidence that Steven E.
Sahlinger is the person who appeared
before me, and said person acknowledged
that he signed this instrument, on oath
stated that he was authorized to execute the
instrument and acknowledged it as the
Authorized Signatory of Longacres Park,
Inc., a Washington corporation, to be the
free and voluntary act and deed of such
party for the uses and purposes mentioned
in the instrument.
Notary public in and for the State of
Washington, residing at
My appointment expires
20131206001379.007
ACKNOWLEDGMENT
State of Texas
ss.
County of
I certify that I know or have
satisfactory evidence that
is the person who appeared
before me, and said person acknowledged
that he signed this instrument, on oath
stated that she/he was authorized to execute
the instrument and acknowledged it as the
BNSF Railway Company, a Delaware
corporation to be the free and voluntary act
and deed of such party for the uses and
purposes mentioned in the instrument.
Notary public in and for the State of
Texas, residing at
ACKNOWLEDGMENT
State of Washington
ss.
County of King
I certify that I know or have
satisfactory evidence that Steven E.
Sahlinger is the person who appeared
before me, and said person acknowledged
that he signed this instrument, on oath
stated that he was authorized to execute the
instrument and acknowledged it as the
Authorized Signatory of Longacres Park,
Inc., a Washington corporation, to be the
free and voluntary act and deed of such
party for the uses and purposes mentioned
in the instrument.
Dated: D P. c l_ VY1 bQit S, a r> 13
Notary public in and for the State of
Washington, residing at
R eOMll
My appointment expires My Vpointment expires
01(p
Notary public
State of Washington
MY APpolntmant Expires qu
g 15, 2016
20131206001379.008
ACKNOWLEDGMENT
State of Texas )
ss.
County ofTirr&v\�)
I certify that I know or have satisfactory evidence that /'1 U k I. U&-- is the person
who appeared before me, and said person acknowledged that he signed this iq�trpeQ[, on oath stated that
she/he was authorized to execute the instrument and acknowledged it as the 55 +aM C c�T dry
of BN Leasing Corporation to be the free and voluntary act and deed of such party for the uses
and purposes mentioned in the instrument.
Dated: I a • b3. a t3
Anwrffl
'Notary public
in and for t e St to of Te as, J�
residingaA� �A.)Ul V)(
My appointment expires
�tpv TAMW K HERNDON
Notary PRE
" ' STATE OF TEXAS
20131206001379.009
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY:
PARCEL I
Those portions of Lots 1, 2, 3, 4, 7 and 9, of BOEING LONGACRES PROPERTY, SECOND AMENDED
BINDING SITE PLAN NO. LUA-02-022-BSP, recorded May 4, 2005 in Volume 228 of Plats, pages 22
through 28, as Recording No. 20050504000673, in King County, Washington, described as follows:
A portion of Lot 1, Parcel I, of said BOEING LONGACRES PROPERTY, SECOND AMENDED BINDING SITE
PLAN described as follows:
Beginning at the Southwest corner of Lot 1 of said Binding Site Plan; thence North 89059'17" East, along
the South line of said Lot 1, a distance of 46.33 feet to the intersection with a curve to the left whence
the center bears South 7303737" West a distance of 2,009.86 feet; thence along said curve through a
central angle of 02031'37", an arc length of 88.64 feet; thence South 71006'00" West a distance of 17.50
feet to the intersection with the West line of said Lot 1; thence South 02007'00" West, along said South
line, a distance of 78.86 feet to the true point of beginning.
TOGETHER WITH the Westerly 50 feet of Lot 2, Parcel I, of said BOEING LONGACRES PROPERTY,
SECOND AMENDED BINDING SITE PLAN.
As measured parallel with, abutting and adjoining the Easterly margin of the Burlington Northern Santa
Fe Railroad right of way line.
TOGETHER WITH the Westerly 50 feet of Lot 3, Parcel I, of said BOEING LONGACRES PROPERTY,
SECOND AMENDED BINDING SITE PLAN.
As measured parallel with, abutting and adjoining the Easterly margin of the Burlington Northern Santa
Fe Railroad right of way line.
TOGETHER WITH a portion of Lot 4, Parcel I, of said BOEING LONGACRES PROPERTY, SECOND
AMENDED BINDING SITE PLAN, described as follows:
Beginning at the Northwest corner of Lot 4 of said Binding Site Plan, said point being a point on the
Easterly margin of the Burlington Northern Santa Fe Railroad right of way; thence North 89059'15" East,
along the North line of said Lot 4, a distance of 50.03 feet; thence South 02006'43" West a distance of
153.05 feet; thence North 87053'17" West a distance of 50.00 feet to the intersection with the West line
of said Lot 4 and said railroad margin; thence North 02006'43" East, along said West line and margin, a
distance of 151.20 feet to the true point of beginning.
TOGETHER WITH a portion of Lot 7, Parcel I of said BOEING LONGACRES PROPERTY, SECOND
AMENDED BINDING SITE PLAN, described as follows:
Beginning at the Southwest corner of Lot 7 of said Binding Site Plan and being a point on the Easterly
margin of the Burlington Northern Santa Fe Railroad right of way; thence South 87014'40" East, along the
South line of said Lot 7, a distance of 50.00 feet; thence North 02006'43" East a distance of 130.09 feet;
thence North 87053'17" West a distance of 50.00 feet to the intersection with the West line of said Lot 7
and said railroad margin; thence South 02006'43" West, along said West line and margin, a distance of
129.52 feet to the true point of beginning.
TOGETHER WITH a portion of Lot 9, Parcel I of BOEING LONGACRES PROPERTY, SECOND AMENDED
BINDING SITE PLAN NO. LUA-02022-BSP, recorded May 4, 2005 in Volume 228 of Plats, pages 22
through 28, as recorded under King County Recording No. 20050504000673, in King County,
Washington, described as follows:
20131206001379.010
Beginning at the Northwest corner of Lot 9 of said Binding Site Plan and being a point on the Easterly
margin of the Burlington Northern Santa Fe Railroad right of way; thence South 87014'40" East, along the
North line of said Lot 9, a distance of 50.00 feet; thence South 02006'43" West a distance of 462.80 feet
to the Northerly right of way margin of Strander Boulevard; thence North 8302526" West, along said
Northerly margin, a distance of 22.07 feet; thence North 02006'11" East a distance of 17.77 feet; thence
South 8805745" West a distance of 28.04 feet to the intersection with the West line of said Lot 9 and
said railroad margin; thence North 02006'43" East, along said West line and margin, a distance of 445.41
feet to the true point of beginning.
PARCEL II:
Those portions of Lots A, B, C and D of CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA-11-049-LLA,
as recorded in Volume 301 of Surveys, Pages 226-231, in King County, Washington, and being formerly
known as portions of Lots 27, 28 and 30, BOEING LONGACRES PROPERTY, SECONDED AMENDED
BINDING SITE PLAN NO. LUA-02-022-BSP, recorded May 4, 2005 in Volume 228 of Plats, pages 22
through 28, as Recording No. 20050504000673, in King County, Washington, as amended by Lot Line
Revision No. LUA 07-068-LLA, recorded September 11, 2007 as Recording No. 20070911900008,
described as follows:
A portion of Lot "B" of said City of Renton Lot Line Adjustment, formerly known as Lot 27 of Parcel II of
said Lot Line Revision, described as follows:
Beginning at the Southwest corner of said Lot "B"; thence North 02006'43" East, along the West line
thereof, a distance of 262.25 feet to the intersection with the Southerly right of way margin of Strander
Boulevard; thence North 82039'24" East, along said Southerly margin, a distance of 26.36 feet; thence
South 02006'43" West a distance of 265.63 feet to the South line of said Lot "B"; thence South 89059'09"
West, along the South line thereof, a distance of 26.02 feet to the true point of beginning.
TOGETHER WITH the Westerly 26 feet of Lot "C" of said City of Renton Lot Line Adjustment, formerly
known as Lot 28 of Parcel II of said Lot Line Revision.
As measured parallel with, abutting and adjoining the Easterly margin of the Burlington Northern Santa
Fe Railroad right of way line.
TOGETHER WITH the Westerly 26 feet of Lot "D" of said City of Renton Lot Line Adjustment, formerly
known as Lot 30 of Parcel II of said Lot Line Revision.
As measured parallel with, abutting and adjoining the Easterly margin of the Burlington Northern Santa
Fe Railroad right of way line.
EXCEPT that portion conveyed by the City of Renton to the Burlington Northern Railroad Company as
recorded under 20050303000964, Records of King County, Washington.
20131206001379.011
EXHIBIT B
EXCEPTIONS TO TITLE
1. Easement, including terms and provisions contained therein:
Recording Information: April 2, 1929 as Recording No. 2527873
In Favor of: The Pacific Telephone and Telegraph Company
For: Pole Line System
Affects: As described therein
2. Easement, including terms and provisions contained therein:
Recording Information: April 29, 1962 as Recording No. 5417049
In Favor of: The City of Seattle
For: Electric transmission and distribution line
Affects: The Southerly portion of Lot 9
3. Easement, including terms and provisions contained therein:
Recording Information: March 14, 1962 as Recording No. 5398625
In Favor of: The City of Seattle
For: Electric Transmission and distribution line
Affects: The Southerly portion of Lot 9
4. Easement, including terms and provisions contained therein:
Recording Information: September 15, 1965 as Recording No. 5927062
In Favor of: Olympic Pipe Line Company, a Delaware corporation
For: Electric transmission and distribution line
Affects: The Southerly portion of Lot 9
Document(s) declaring modifications thereof recorded October 26, 1967 as Recording
No. 6255972 of Official Records
Easement, including terms and provisions contained therein:
Recording Information: November 30, 1966 as Recording No. 6113352
In Favor of: Municipality of Metropolitan Seattle
For: Sewer trunk line system
Affects: Lot 4
6. Easement, including terms and provisions contained therein:
Recording Information: October 25, 1967 as Recording No. 6255262
In Favor of: Municipality of Metropolitan Seattle
For: Sewer line
Affects: The Southerly portion of Lot 9
Said easement was partially released as to other property under Recording No. 6505923
20131206001379.012
Reservations and exceptions, including the terms and conditions thereof:
Reserving: Minerals
Reserved by: Glacier Park Company, a Minnesota corporation
Recorded: April 1, 19-75
Recording Information 7504010373
Document(s) declaring modifications thereof recorded November 30, 1978 as Recording
No. 7811301026 of Official Records
8. Conditions, notes, easements, provisions contained and/or delineated on the face of the
Survey, recorded July 28, 1977 under Recording No. 7707289002, in Volume 10 of
Surveys, at Page 2, in King County, Washington.
9. Easement, including the terms and conditions therein:
Recording Information: March 28, 1978 under Recording No. 7803280694
In Favor of: Puget Sound Power and Light Company, a Washington
corporation
For: Electric Transmission and/or distribution lines
Affects: Lots 1, 2, 3, 4 and 7
Said easement is a correction of Recording No. 7802210692, recorded February 21, 1978
10. Easement, including the terms and conditions therein:
Recording Information: February 14, 1986 as Recording no. 8602140883
In Favor of: Puget Sound Power and Light Company, a Washington
corporation
For: Electric power and/or distribution lines
Affects: Lots 9 and 27
11. Conditions, notes, easements, provisions contained and/or delineated on the face of the
Survey, recorded January 16, 1992 under Recording No. 9201169002 of Official
Records.
12. The terms and provisions contained in the document entitled "Restrictive Covenant
Regarding LID Participation" recorded October 26, 1992 as Recording No. 9210261062
of Official Records.
13. Maintenance provisions contained in the document entitled "Easement' recorded May
19, 1994 as Recording No. 9405190503 of Official Records.
14. The terms, provisions and easement(s) contained in the document entitled "Easement
Agreement' recorded January 23, 1996 as Recording No. 9601231152 of Official
Records.
The terms and provisions contained in the document entitled "Agreement Related to
Easement Rights" recorded August 1, 2013 as Recording No. 20130801002219 of
Official Records.
20131206001379.013
The terms and provisions contained in the document entitled "Agreement Related to
Easement Rights" recorded 12 &(o/2oi3 as Recording No. pp 13 t 7-0600113-0
Official Records
15. Easement, including terms and provisions contained therein:
Recording Information: December 10, 1996 under Recording No. 9612100310
In Favor of: City of Renton, a municipality
For: Water pipeline system
Affects: Lots 1 and 2
16. The terms, provisions and easement(s) contained in the document entitled "Fire Access
Easement Agreement' recorded May 21, 1999 as Recording No. 9905211140 of Official
Records.
17. Easement, including terms and provisions contained therein:
Recording Information: January 24, 2001, Recording No. 20010124000403
In Favor of: Qwest Corporation, a Colorado corporation
For: Telecommunication lines over and/or under
Affects: Lots 1, 2, 3, 4 and 7
18. Restrictions, conditions, dedications, notes, easements and provisions, if any, as
contained and/or delineated on the face of the plat of Boeing Longacres Property,
Binding Site Plan No. LUA-02-022-BSP recorded February 21, 2003 under Recording
No. 20030221002404 in Volume 212 of Plats of Pages 63 through 69, in King County,
Washington
Document(s) declaring modifications thereof recorded January 8, 2004 as Recording No.
20040108000164 of Official Records.
Document(s) declaring modifications thereof recorded May 4, 2005 as Recording No.
20050504000673 of Official Records.
19. The terms and provisions contained in the document entitled "Strander Agreement'
recorded April 20, 2006 as Recording No. 20060420001032 of Official Records.
20. The terms and provisions contained in the document entitled "Declaration of Covenants,
Conditions and Restrictions" recorded September 21, 2007 as Recording No.
20070921001175 of Official Records.
21. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal
property and rights of tenants, and secured parties to remove trade fixtures at the
expiration of the term.
22. Easement, including terms and provisions contained therein:
Recording Information: October 4, 2012 as Recording No. 20121004000871
In Favor of: Puget Sound Energy, Inc., a Washington corporation
For: Utility systems for purposes of transmission, distribution
and sale of electricity
Affects: Lot 27 of Parcel 11
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23. Covenants, conditions, restriction and/or easement:
Recorded: September 13, 2013
Recording No.: 20130913000003
(Affects a portion of Parcel 11)
24. Terms, covenants, conditions and restrictions as contained in recorded Lot Line
Adjustment (Boundary Line Revision) LUA-I 1-049-LLA:
Recorded: September 13, 2013
Recording Information: 20130913900001
(Affects Parcel II)
20131206001379.015
EXHIBIT C
LEGAL DESCRIPTION OF RETAINED PROPERTY
Lots 1 through 31, inclusive, and Tracts "A", `B", "C", "D", & "E" of the Boeing
Longacres Property Binding Site Plan according to the plat thereof recorded in
Volume 228 of Plats Pages 22 through 28, inclusive, as filed under Recording No.
20030221002404, and as amended under Recording Nos. 20040108000164 and
20050504000673, records of King County Washington;
EXCLUDING those portions of Lots 4, 5, 7 conveyed to Central Puget Sound
Regional Transit Authority in the Statutory Warranty Deed recorded under Recording
No. 20130801002216, records of King County Washington;
AND
EXCLUDING those portions of Lots I, 2, 3, 4, 7, 9, 27, 28, 30 being conveyed to
BNSF Railway Company and BN Leasing Corporation under this Bargain and Sale
Deed.