1 2 3 4
The Honorable Marsha J. Pechman
5 6 7
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
SAMMAMISH HOMEOWNERS, THOMAS E. HORNISH AND SUZANNE J. HORNISH JOINT LIVING TRUST, TRACY AND BARBARA NEIGHBORS, ARUL MENEZES AND LUCRETIA VANDERWENDE, HERBERT MOORE AND ELYNNE MOORE, REID AND TERESA BROWN, SHAWN AND TRINA HUARTE, ANNETTE MCNABB, EUGENE AND ELIZABETH MOREL, JOHN T. AND KATHLEEN MOODIE, GEORGE AND GINETTE TOSKEY, MARK AND PATRICIA TOMLINSON, REID E.AND SUSAN M. BROCKWAY, TERRY J. AND MARGARET A. KLOMP, WILLIAM J. RISSBERGER, HAROLD A. AND MARY M. DIRAMIO, GREG AND KARMA CHAPMAN, LOUIS F. AND CARI A. KRAMP, CHRISTINE L. CALDERON TRUST, JOSEPH W. AND LORA A. VANSICKLE, JAMES AND SUSAN BUCHANAN, TREVOR NIES, MACKENZIE SMITH AND KRISTIN ELISABETH TOTH SMITH, WILLIAM P. AND LYNDA K. OTT RESIDENCE TRUST, FRANK E. AND PRISCILLA A. MCKULKA, JAY BOITANO, TED R. AND ELAINE M. DAVIS, J. HERB AND JUDY GILBO, MICHAEL A. AND DIANE E. VASEY, PHILIP AND DOROTHY BRADBURY, GORDON CONGER, ELIZABETH CONGER MUELLER AND LOIS JARMAN, JAMES AND LINDA FAY, DON M.
No. 15-CV-0028MJP
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE, AND FOR AN INJUNCTION
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 1
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
Exhibit A
1 2 3 4 5 6 7 8 9 10 11 12 13 14
JOHNSON, DAMON AND FERROL MCCARTNEY, JEFFREY AND JILL LUM, JOHN AND JOANNE MCKAY, RAYMOND A. AND CHERY CASTOR, GENE AND HELEN FARRELL, WILLIAM AND DEBRA GOTTSCHALK, SCOTT AND JANINE BERGEVIN, JAMES ALLEN CREEVEY, JAMES AND DOROTHY STETSON, LAWRENCE NESS, THOMAS AND KARLA GOWAN, THOMAS AND JONI MASTERSON, WILLIAM AND KATHRYN GREVE, JERRY SPENCE, JAMES AND MARY O’NEIL, JOHN AND CAROLYN ROSSI, LANCE AND MARILYN KILGORE, MITCHELL AND CARRIE PARRISH, VINAYAK AND SAMPADA BHALERAO, ROBERT ALLISON, VOLKER ELSTE AND GAIL UREEL, RUSSELL AN JUDITH ALBRIGHT, MARK AND DEE KAUSHAGEN, SAMMAMISH SHORE LTD, DOUGLAS THORPE, AND JOHN AND JOYCE GARLAND, DOUG SCHUMACHER, DANIEL AND SUSAN DENTON, AND PATRICIA HARRELL
15 16 17 18
Plaintiffs, vs. KING COUNTY, a Home Rule Charter County, and THE CITY OF SAMMAMISH, an Incorporated Municipality.
19 20
Defendants.
21
COME NOW Plaintiffs Sammamish Homeowners, Thomas E. Hornish and
22
Suzanne J. Hornish Joint Living Trust, Tracy and Barbara Neighbors, Arul Menezes
23 24
and Lucretia Vanderwende, Herbert and Elynne Moore, Reid and Teresa Brown, Shawn and Trina Huarte, Annette McNabb, Eugene and Elizabeth Morel, John T. and Kathleen
25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 2
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
Moodie, George and Ginette Toskey, Mark and Patricia Tomlinson, Reid E. and Susan
2
M. Brockway, Terry J. and Margaret A. Klomp, William J. Rissberger, Harold A. and
3
Mary M. Diramio, Greg and Karma Chapman, Louis F. and Cari A. Kramp, Christine
4
L. Calderon Trust, Joseph W. and Lora A. VanSickle, James and Susan Buchanan,
5
Trevor Nies, Mackenzie Smith and Kristin Elisabeth Toth Smith, William P. and Lynda
6
K. Ott Residence Trust, Frank E. and Priscilla A. McKulka, Jay Boitano, Ted R. and
7 Elaine M. Davis, J. Herb and Judy Gilbo, Michael A. and Diane E. Vasey, Philip and 8 9
Dorothy Bradbury, Gordon Conger, Elizabeth Conger Mueller and Lois Jarman, James
10
and Linda Fay, Don M. Johnson, Damon and Ferrol McCartney, Jeffrey and Jill Lum,
11
John and Joanne McKay, Raymond A. and Chery Castor, Gene and Helen Farrell,
12
William and Debra Gottschalk, Scott and Janine Bergevin, James Allen Creevey, James
13 14
and Dorothy Stenson, Lawrence Ness, Thomas and Karla Gowan, Thomas and Joni Masterson, William and Kathryn Greve, Jerry Spence, James and Mary O’Neil, John
15 16
and Carolyn Rossi, Lance and Marilyn Kilgore, Mitchell and Carrie Parrish, Vinayak
17
and Sampada Bhalerao, Robert Allison, Volker Elste and Gail Ureel, Russell and Judith
18
Albright, Mark and Dee Kaushagen, Sammamish Shore LTD, Douglas Thorpe, John
19
and Joyce Garland, Doug Schumacher, Daniel and Susan Denton, and Patricia Harrell
20
for their causes of action against King County and the City of Sammamish, pursuant to
21
the Revised Code of Washington § 7.28.010, et seq, and § 7.24.010, et. seq., and allege
22 as follows: 23 24 25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 3
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
NATURE OF ACTION
1 2
1.
Plaintiffs are landowners who own fee title in land adjoining a 12.45
3
mile length of abandoned railroad right-of-way in King County, Washington between
4
milepost 7.3, near Redmond, and milepost 19.75, at Issaquah, in King County,
5
Washington along Lake Sammamish.
6
2.
The railroad, both at the time of the acquisition of the right-of-way in the
7 late 1800s and the abandonment of the right-of-way in 1998, acquired an easement for 8 9 10 11 12 13 14
railroad purposes over and through the adjacent landowners’ land that was limited to the surface of the adjacent landowners’ fee ownership in their land. 3.
The railroad line in question was originally constructed by the Seattle,
Lake Shore & Eastern Railway Company (SLS&E) from May 1887 through March 1888. The SLS&E acquired rights-of-way across public lands under the 1875 Act, easement deeds and prescriptive easements.
15 16
4.
The 1875 Act granted railroad companies rights-of-way over public land
17
to construct tracks and operate railways. Requirements for obtaining a right-of-way
18
were set forth in the 1875 Act, and included filing a map of the intended railroad with
19
the local district land office and receiving approval from the Secretary of the Interior.
20
See 1875 Act, § 4 (codified at 43 U.S.C. § 937 (repealed by the Federal Land Policy
21
and Management Act of 1976, Pub. L. No. 94-579, § 706(a), 90 Stat. 2743)). Pursuant
22 to the 1875 Act, between 1887 and 1891, the SLS&E took the necessary steps to 23 24 25
establish a railroad right-of-way across public land along the eastern shore of Lake Sammamish in King County, Washington.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 4
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
5.
On July 5, 1887, the SLS&E secured approval from the Department of
2
the Interior of their map identifying the location for proposed construction of a railroad
3
running generally along the eastern shoreline of Lake Sammamish, Washington.
4
Construction of the railroad was completed in 1888. On April 15, 1891, the SLS&E
5
filed a Map of Location showing the final location of the constructed railroad, with the
6
United States Land Office in Seattle, Washington.
7 6.
On May 13, 1998, the Surface Transportation Board (“STB”) granted
8 9
Burlington Northern an exemption to abandon a 12.45 mile length of railroad between
10
milepost 7.3, near Redmond, and milepost 19.75, at Issaquah, in King County,
11
Washington. See id.
12 13 14
7.
On September 16, 1998, the STB authorized The Land Conservancy of
Seattle and King County (TLC) to assume financial responsibility for the rights-of-way pursuant to the National Trails System Act Amendments of 1983, Pub. L. No. 98-11, §
15 16
208, 97 Stat. 42, codified at 16 U.S.C. § 1247(d) (2006) (the “Trails Act”). See
17
Burlington N. & Santa Fe Ry. Co. - Abandonment Exemption - in King Cnty., WA,
18
STB Docket No. AB-6 (Sub. No. 380X), 1998 STB LEXIS 519, 1998 WL 638432.
19 20 21
8.
The STB also authorized the issuance of a Notice of Interim Trail Use
(“NITU”) for the Burlington Northern right-of-way, permitting King County and the TLC to establish a public recreational trail over the railroad right-of-way. The STB’s
22 ruling authorized conversion of the railroad rights-of-way into a recreational trail, 23 24
pursuant to 16 U.S.C. § 1247(d). The NITU was issued on September 18, 1998.
25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 5
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
9.
1
King County subsequently reached an agreement with Burlington
2
Northern Santa Fe (“BNSF”) for use of the rights-of-way for trail purposes.
3
September 29, 1998, counsel for the TLC informed the STB that the parties had reached
4
agreements railbanking the railroad corridor pursuant to the NITU. Since the STB
5
approved conversion of the railway to a trail, no railway carriers have used the railroad,
6
On
and the tracks have been removed from the rights-of-way.
7 10.
King County, by and through The National Trails System Act
8 9
Amendments of 1983, 16 U.S.C. § 1247(d) (“Trails Act”), and a series of related
10
transactions, contracts, and deeds have improperly and illegally invaded and clouded
11
Plaintiffs’ fee ownership in their subsurface and aerial rights associated with the right-
12
of-way.
13 14
11.
In order to complete construction of the hiking and biking trail, King
County must apply for an receive necessary licenses and permits from the City of 15 16
Sammamish, which process is now entering the final phases. 12.
17
Plaintiffs seek, among other things, a declaratory judgment, a ruling to
18
quiet title, and an injunction, and any actual and statutory damages, attorneys’ fees, and
19
costs.
20 21
THE PARTIES 13.
Sammamish Homeowners is comprised of over 400 landowners who
22 own land adjacent to the former railroad easement acquired by the King County in 23 24 25
1998. The Homeowners of Sammamish Homeowners own the fee title to the railroad’s abandoned right-of-way that is now subject to an easement for an interim trail and
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 6
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
possible future railroad reactivation pursuant to the Trails Act.
(A copy of the
Certificate of Incorporation was attached as Exhibit A to the original complaint). 14.
Plaintiff The Thomas E. Hornish and Suzanne J. Hornish Joint Living
4
Trust dated June 21, 2013, Thomas and Suzanne Hornish, trustees, are residents of
5
King County, Washington who own land adjacent to the former railroad easement
6
acquired by the King County in 1998. The Thomas E. Hornish and Suzanne J. Hornish
7 Joint Living Trust’s parcel number 062406-9042, was acquired on November 7, 2013 8 9
and includes the fee title to all that property of the abandoned right-of-way that is now
10
subject to an easement for an interim trail and possible future railroad reactivation
11
pursuant to the Trails Act. (A copy of the current deed evidencing ownership of the
12
above-described property was attached as Exhibit B to the original).
13 14
15.
Plaintiffs Tracy and Barbara Neighbors are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the 15 16
King County in 1998. Tracy and Barbara Neighbors’ parcel number 072406-9006, was
17
acquired on June 22, 2011 and includes the fee title to all that property of the
18
abandoned right-of-way that is now subject to an easement for an interim trail and
19
possible future railroad reactivation pursuant to the Trails Act. (A copy of the current
20
deed evidencing ownership of the above-described property was attached as Exhibit C
21
to the original complaint).
22 16.
Plaintiffs Arul Menezes and Lucretia Vanderwende are residents of King
23 24 25
County, Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. Arul Menezes and Lucretia Vanderwende’s parcels
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 7
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
number 072406-9024, was acquired on July 22, 1997 and 172406-9079, was acquired
2
on March 19, 2015 and includes the fee title to all that property of the abandoned right-
3
of-way that is now subject to an easement for an interim trail and possible future
4
railroad reactivation pursuant to the Trails Act. (A copy of the current deed evidencing
5
ownership of the above-described property was attached as Exhibit D to the original).
6
17.
Plaintiffs Herbert Carvel Moore and Elynne Moore are residents of King
7 County, Washington who own land adjacent to the former railroad easement acquired 8 9
by the King County in 1998. Herbert Moore and Elynne Moore’s parcel number
10
172406-9077, was acquired on August 29, 2002 and includes the fee title to all that
11
property of the abandoned right-of-way that is now subject to an easement for an
12
interim trail and possible future railroad reactivation pursuant to the Trails Act. (A
13 14
copy of the current deed evidencing ownership of the above-described property was attached as Exhibit E to the original complaint).
15 16
18.
Plaintiffs Reid and Teresa Brown are residents of King County,
17
Washington who own land adjacent to the former railroad easement acquired by the
18
King County in 1998. Reid and Teresa Brown’s parcel number 072406-9003, was
19
acquired on May 4, 1993 and includes the fee title to all that property to the centerline
20
of the abandoned right-of-way that is now subject to an easement for an interim trail
21
and possible future railroad reactivation pursuant to the Trails Act.
22 19.
Plaintiffs Shawn and Trina Huarte are residents of King County,
23 24 25
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. Shawn and Trina Huarte’s parcel number 072406-9041, was
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 8
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
acquired on July 14, 2014 and includes the fee title to all that property to the centerline
2
of the abandoned right-of-way that is now subject to an easement for an interim trail
3
and possible future railroad reactivation pursuant to the Trails Act.
4 5 6
20.
Plaintiff Annette McNabb is a resident of King County, Washington
who owns land adjacent to the former railroad easement acquired by the King County in 1998. Annette McNabb’s parcel number 072406-9030, was acquired on January 28,
7 2006 and includes the fee title to all that property to the centerline of the abandoned 8 9 10 11 12 13 14
right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 21.
Plaintiffs Eugene and Elizabeth Morel are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. Eugene and Elizabeth Morel’s parcel numbers 072406-9008 and 072406-9090, were acquired on May 27, 1998 and includes the fee title to all that
15 16
property to the centerline of the abandoned right-of-way that is now subject to an
17
easement for an interim trail and possible future railroad reactivation pursuant to the
18
Trails Act.
19
22.
20 21
Plaintiffs John T. and Kathleen Moodie are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. John T. and Kathleen Moody’s parcel number 357530-0037 was
22 acquired on February 12, 2010 and includes the fee title to all that property to the 23 24 25
centerline of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 9
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
23.
Plaintiffs George and Ginette Toskey are residents of King County,
2
Washington who own land adjacent to the former railroad easement acquired by the
3
King County in 1998. George and Ginette Toskey’s parcel number 202506-9064 was
4
acquired on February 9, 1999 and includes the fee title to all that property to the
5
centerline of the abandoned right-of-way that is now subject to an easement for an
6
interim trail and possible future railroad reactivation pursuant to the Trails Act.
7 24.
Plaintiffs Mark and Patricia Tomlinson are residents of King County,
8 9
Washington who own land adjacent to the former railroad easement acquired by the
10
King County in 1998. Mark and Patricia Tomlinson’s parcel number 202506-9060 was
11
acquired on May 13, 2003 and includes the fee title to all that property to the centerline
12
of the abandoned right-of-way that is now subject to an easement for an interim trail
13 14
and possible future railroad reactivation pursuant to the Trails Act. 25.
Plaintiffs Reid E. and Susan M. Brockway are residents of King County,
15 16
Washington who own land adjacent to the former railroad easement acquired by the
17
King County in 1998. Reid E. and Susan M. Brockway’s parcel number 173870-0080
18
includes the fee title to all that property to the centerline of the abandoned right-of-way
19
that is now subject to an easement for an interim trail and possible future railroad
20
reactivation pursuant to the Trails Act.
21
26.
Plaintiffs Terry J. and Margaret A. Klomp are residents of King County,
22 Washington who own land adjacent to the former railroad easement acquired by the 23 24 25
King County in 1998. Terry J. and Margaret A. Klomp’s parcel number 173870-0060 was acquired on April 6, 2013 and includes the fee title to all that property to the
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 10
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
centerline of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 27.
Plaintiff William J. Rissberger is a resident of King County, Washington
4
who owns land adjacent to the former railroad easement acquired by the King County
5
in 1998.
6
William J. Rissberger’s parcel number 062406-9084 was acquired on
September 3, 2008 and includes the fee title to all that property to the centerline of the
7 abandoned right-of-way that is now subject to an easement for an interim trail and 8 9 10
possible future railroad reactivation pursuant to the Trails Act. 28.
Plaintiffs Harold A. and Mary M. Diramio are residents of King County,
11
Washington who own land adjacent to the former railroad easement acquired by the
12
King County in 1998. Harold A. and Mary M. Diramio’s parcel number 012450-0150
13 14
was acquired on August 28, 1996 and includes the fee title to all that property to the centerline of the abandoned right-of-way that is now subject to an easement for an
15 16 17
interim trail and possible future railroad reactivation pursuant to the Trails Act. 29.
Plaintiffs Greg and Karma Chapman are residents of King County,
18
Washington who own land adjacent to the former railroad easement acquired by the
19
King County in 1998. Greg and Karma Chapman’s parcel number 202506-9119 was
20
acquired on March 10, 1998 and includes the fee title to all that property to the
21
centerline of the abandoned right-of-way that is now subject to an easement for an
22 interim trail and possible future railroad reactivation pursuant to the Trails Act. 23 24 25
30.
Plaintiffs Louis F. and Cari A. Kramp are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 11
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
King County in 1998. Louis F. and Cari A. Kramp’s parcel number 192506-9085 was
2
acquired on March 11, 2002 and includes the fee title to all that property to the
3
centerline of the abandoned right-of-way that is now subject to an easement for an
4
interim trail and possible future railroad reactivation pursuant to the Trails Act.
5 6
31.
Plaintiff Christine L. Calderon Trust is a resident of King County,
Washington who owns land adjacent to the former railroad easement acquired by the
7 King County in 1998. Christine L. Calderon Trust’s parcel number 173870-0095 was 8 9
acquired on June 16, 1998 and includes the fee title to all that property to the centerline
10
of the abandoned right-of-way that is now subject to an easement for an interim trail
11
and possible future railroad reactivation pursuant to the Trails Act.
12 13 14
32.
Plaintiffs Joseph W. and Lora A. VanSickle are residents of King
County, Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. Joseph W. and Lora A. VanSickle’s parcel number
15 16
192506-9168 was acquired on June 25, 1998 and includes the fee title to all that
17
property to the centerline of the abandoned right-of-way that is now subject to an
18
easement for an interim trail and possible future railroad reactivation pursuant to the
19
Trails Act.
20
33.
21
Plaintiffs James and Susan Buchanan are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
22 King County in 1998. James and Susan Buchanan’s parcel numbers 357530-0004 and 23 24 25
357530-0017 was acquired on October 24, 1991 and February 17, 1989 and includes the fee title to all that property to the centerline of the abandoned right-of-way that is
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 12
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 34.
Plaintiff Trevor Nies is a resident of King County, Washington who
4
owns land adjacent to the former railroad easement acquired by the King County in
5
1998. Trevor Nies’ parcel number 172406-9046 was acquired on August 5, 2011 and
6
includes the fee title to all that property to the centerline of the abandoned right-of-way
7 that is now subject to an easement for an interim trail and possible future railroad 8 9 10
reactivation pursuant to the Trails Act. 35.
Plaintiffs Mackenzie Smith and Kristin Elisabeth Toth Smith are
11
residents of King County, Washington who own land adjacent to the former railroad
12
easement acquired by the King County in 1998.
13 14
Mackenzie Smith and Kristin
Elisabeth Toth Smith’s parcel number 173870-0010 was acquired on February 3, 2011 and includes the fee title to all that property to the centerline of the abandoned right-of-
15 16 17 18
way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 36.
Plaintiffs William P. and Lynda K. Ott Residence Trust is a resident of
19
King County, Washington who own land adjacent to the former railroad easement
20
acquired by the King County in 1998. William P. and Lynda K. Ott Residence Trust’s
21
parcel number 173870-0030 was acquired on February 9, 2001 and includes the fee title
22 to all that property to the centerline of the abandoned right-of-way that is now subject 23 24 25
to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 13
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
37.
Plaintiffs Frank E. and Priscilla A. McKulka are residents of King
2
County, Washington who own land adjacent to the former railroad easement acquired
3
by the King County in 1998. Frank E. and Priscilla A. McKulka’s parcel number
4
062406-9051 was acquired on June 18, 2004 and includes the fee title to all that
5
property to the centerline of the abandoned right-of-way that is now subject to an
6
easement for an interim trail and possible future railroad reactivation pursuant to the
7 Trails Act. 8 9
38.
Plaintiff Jay Boitano is a resident of King County, Washington who
10
owns land adjacent to the former railroad easement acquired by the King County in
11
1998. Jay Boitano’s parcel number 062406-9059 was acquired on October 10, 1995
12
and includes the fee title to all that property to the centerline of the abandoned right-of-
13 14
way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act.
15 16
39.
Plaintiffs Ted R. and Elaine M. Davis are residents of King County,
17
Washington who own land adjacent to the former railroad easement acquired by the
18
King County in 1998. Ted R. and Elaine M. Davis’s parcel number 072406-9020 was
19
acquired on September 21, 1999 and includes the fee title to all that property to the
20
centerline of the abandoned right-of-way that is now subject to an easement for an
21
interim trail and possible future railroad reactivation pursuant to the Trails Act.
22 40.
Plaintiffs J. Herb and Judy Gilbo are residents of King County,
23 24 25
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. J. Herb and Judy Gilbo’s parcel number 322506-9045 was
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 14
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
acquired on November 5, 1982 and includes the fee title to all that property to the
2
centerline of the abandoned right-of-way that is now subject to an easement for an
3
interim trail and possible future railroad reactivation pursuant to the Trails Act.
4 5 6
41.
Plaintiffs Michael A. and Diane E. Vasey are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. Michael A. and Diane E. Vasey’s parcel number 172406-9031
7 was acquired on June 26, 2011 and includes the fee title to all that property to the 8 9 10 11 12 13 14
centerline of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 42.
Plaintiffs Philip and Dorothy Bradbury are residents of Carmel County,
California who own land adjacent to the former railroad easement acquired by the King County in 1998. Philip and Dorothy Bradbury’s parcel number 172406-9039 was acquired on June 11, 2010 and includes the fee title to all that property to the centerline
15 16 17 18
of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 43.
Plaintiffs Gordon Conger, Elizabeth Conger Mueller and Lois Jarman
19
are residents of King County, Washington who own land adjacent to the former railroad
20
easement acquired by the King County in 1998. Gordon Conger, Elizabeth Conger
21
Mueller and Lois Jarman’s parcel number 072406-9032 was acquired on January 6,
22 1992 and includes the fee title to all that property to the centerline of the abandoned 23 24 25
right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 15
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
44.
Plaintiffs James and Linda Fay are residents of King County,
2
Washington who own land adjacent to the former railroad easement acquired by the
3
King County in 1998. James and Lina Fay’s parcel number 192506-9091 was acquired
4
on April 28, 1982 and includes the fee title to all that property to the centerline of the
5
abandoned right-of-way that is now subject to an easement for an interim trail and
6
possible future railroad reactivation pursuant to the Trails Act.
7 45.
Plaintiff Don M. Johnson is a resident of King County, Washington who
8 9
owns land adjacent to the former railroad easement acquired by the King County in
10
1998. Don M. Johnson’s parcel number 357530-0033 was acquired on March 13, 1996
11
and includes the fee title to all that property to the centerline of the abandoned right-of-
12
way that is now subject to an easement for an interim trail and possible future railroad
13 14
reactivation pursuant to the Trails Act. 46.
Plaintiffs Damon and Ferrol McCartney are residents of King County,
15 16
Washington who own land adjacent to the former railroad easement acquired by the
17
King County in 1998. Damon and Ferrol McCartney’s parcel number 173870-0007
18
was acquired on May 31, 2011 and includes the fee title to all that property to the
19
centerline of the abandoned right-of-way that is now subject to an easement for an
20
interim trail and possible future railroad reactivation pursuant to the Trails Act.
21
47.
Plaintiffs Jeffrey and Jill Lum are residents of King County, Washington
22 who own land adjacent to the former railroad easement acquired by the King County in 23 24 25
1998. Jeffrey and Jill Lum’s parcel number 357530-0064 was acquired on March 25, 2010 and includes the fee title to all that property to the centerline of the abandoned
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 16
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 48.
Plaintiffs John and Joanne McKay are residents of King County,
4
Washington who own land adjacent to the former railroad easement acquired by the
5
King County in 1998. John and Joann McKay’s parcel number 202506-9065 was
6
acquired on September 29, 2014 and includes the fee title to all that property to the
7 centerline of the abandoned right-of-way that is now subject to an easement for an 8 9 10
interim trail and possible future railroad reactivation pursuant to the Trails Act. 49.
Plaintiffs Raymond and Chery Castor are residents of King County,
11
Washington who own land adjacent to the former railroad easement acquired by the
12
King County in 1998. Raymond and Chery Castor’s parcel number 357530-0024 was
13 14
acquired on July 17, 1995 and includes the fee title to all that property to the centerline of the abandoned right-of-way that is now subject to an easement for an interim trail
15 16 17
and possible future railroad reactivation pursuant to the Trails Act. 50.
Plaintiffs Gene and Helen Farrell are residents of King County,
18
Washington who own land adjacent to the former railroad easement acquired by the
19
King County in 1998. Gene and Helen Farrell’s parcel number 172406-9017 was
20
acquired on June 5, 2012 and includes the fee title to all that property to the centerline
21
of the abandoned right-of-way that is now subject to an easement for an interim trail
22 and possible future railroad reactivation pursuant to the Trails Act. 23 24 25
51.
Plaintiffs William and Debra Gottschalk are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 17
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
King County in 1998. William and Debra Gottschalk’s parcel number 072406-9055
2
was acquired on July 6, 2009 and includes the fee title to all that property to the
3
centerline of the abandoned right-of-way that is now subject to an easement for an
4
interim trail and possible future railroad reactivation pursuant to the Trails Act.
5 6
52.
Plaintiffs Scott and Janine Bergevin are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
7 King County in 1998. Scott and Janine Bergevin’s parcel number 192506-9112 was 8 9
acquired on April 21, 2000 and includes the fee title to all that property to the centerline
10
of the abandoned right-of-way that is now subject to an easement for an interim trail
11
and possible future railroad reactivation pursuant to the Trails Act.
12 13 14
53.
Plaintiff James Allen Creevey is a resident of King County, Washington
who owns land adjacent to the former railroad easement acquired by the King County in 1998. James Allen Creevey’s parcel number 357530-0071 includes the fee title to all
15 16
that property to the centerline of the abandoned right-of-way that is now subject to an
17
easement for an interim trail and possible future railroad reactivation pursuant to the
18
Trails Act.
19
54.
20 21
Plaintiffs James and Dorothy Stenson are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. James and Dorothy Stenson’s parcel number 752590-0080 was
22 acquired on June 29, 2010 and includes the fee title to all that property to the centerline 23 24 25
of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 18
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
55.
Plaintiff Lawrence Ness is a resident of King County, Washington who
2
owns land adjacent to the former railroad easement acquired by the King County in
3
1998. Lawrence Ness’ parcel number 868229-0310 was acquired on October 27, 2006
4
and includes the fee title to all that property to the centerline of the abandoned right-of-
5
way that is now subject to an easement for an interim trail and possible future railroad
6
reactivation pursuant to the Trails Act.
7 56.
Plaintiffs Thomas and Karla Gowan are residents of King County,
8 9
Washington who own land adjacent to the former railroad easement acquired by the
10
King County in 1998. Thomas and Karla Gowan’s parcel number 077710-0050 was
11
acquired on June 15, 2009 and includes the fee title to all that property to the centerline
12
of the abandoned right-of-way that is now subject to an easement for an interim trail
13 14
and possible future railroad reactivation pursuant to the Trails Act. 57.
Plaintiffs Thomas and Joni Masterson are residents of King County,
15 16
Washington who own land adjacent to the former railroad easement acquired by the
17
King County in 1998. Thomas and Joni Masterson’s parcel number 752590-0070 was
18
acquired on October 24, 2013 and includes the fee title to all that property to the
19
centerline of the abandoned right-of-way that is now subject to an easement for an
20
interim trail and possible future railroad reactivation pursuant to the Trails Act.
21
58.
Plaintiffs William and Kathyrn Greve are residents of King County,
22 Washington who own land adjacent to the former railroad easement acquired by the 23 24 25
King County in 1998. William and Kathyrn Greve’s parcel number 072406-9059 was acquired on May 9, 2014 and includes the fee title to all that property to the centerline
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 19
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 59.
Plaintiff Jerry Spence is a resident of King County, Washington who
4
owns land adjacent to the former railroad easement acquired by the King County in
5
1998. Jerry Spence’s parcel number 342107-9032 was acquired on February 17, 2015
6
and includes the fee title to all that property to the centerline of the abandoned right-of-
7 way that is now subject to an easement for an interim trail and possible future railroad 8 9 10
reactivation pursuant to the Trails Act. 60.
Plaintiffs James and Mary O’Neil are residents of King County,
11
Washington who own land adjacent to the former railroad easement acquired by the
12
King County in 1998. James and Mary O’Neil’s parcel number 173870-0050 was
13 14
acquired on January 25, 2008 and includes the fee title to all that property to the centerline of the abandoned right-of-way that is now subject to an easement for an
15 16 17
interim trail and possible future railroad reactivation pursuant to the Trails Act. 61.
Plaintiffs John and Carolyn Rossi are residents of King County,
18
Washington who own land adjacent to the former railroad easement acquired by the
19
King County in 1998. John and Carolyn Rossi’s parcel number 173870-0130 was
20
acquired on July 15, 1983 and includes the fee title to all that property to the centerline
21
of the abandoned right-of-way that is now subject to an easement for an interim trail
22 and possible future railroad reactivation pursuant to the Trails Act. 23 24 25
62.
Plaintiffs Lance and Marilyn Kilgore are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 20
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
King County in 1998. Lance and Marilyn Kilgore’s parcel number 062406-9066 was
2
acquired on June 23, 2013 and includes the fee title to all that property to the centerline
3
of the abandoned right-of-way that is now subject to an easement for an interim trail
4
and possible future railroad reactivation pursuant to the Trails Act.
5 6
63.
Plaintiffs Mitchell and Carrie Parrish are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
7 King County in 1998. Mitchell and Carolyn Parrish’s parcel number 192506-9093 was 8 9
acquired on April 16, 2013 and includes the fee title to all that property to the centerline
10
of the abandoned right-of-way that is now subject to an easement for an interim trail
11
and possible future railroad reactivation pursuant to the Trails Act.
12 13 14
64.
Plaintiffs Vinayak and Sampada Bhalero are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the King County in 1998. Vinayak and Sampada Bhalero’s parcel number 172406-9059
15 16
was acquired on May 24, 2014 and includes the fee title to all that property to the
17
centerline of the abandoned right-of-way that is now subject to an easement for an
18
interim trail and possible future railroad reactivation pursuant to the Trails Act.
19 20 21
65.
Plaintiff Robert Allison is a resident of King County, Washington who
owns land adjacent to the former railroad easement acquired by the King County in 1998. Robert Allison’s parcel number 192506-9076 includes the fee title to all that
22 property to the centerline of the abandoned right-of-way that is now subject to an 23 24 25
easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 21
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
66.
Plaintiffs Volker Elste and Gail Ureel are residents of King County,
2
Washington who own land adjacent to the former railroad easement acquired by the
3
King County in 1998. Volker Elste and Gail Ureel’s parcel number 072406-9057 was
4
acquired on April 10, 2013 and includes the fee title to all that property to the centerline
5
of the abandoned right-of-way that is now subject to an easement for an interim trail
6
and possible future railroad reactivation pursuant to the Trails Act.
7 67.
Plaintiffs Russell and Judith Albright are residents of King County,
8 9
Washington who own land adjacent to the former railroad easement acquired by the
10
King County in 1998. Russell and Judith Albright’s parcel number 077710-0110 was
11
acquired on August 7, 2012 and includes the fee title to all that property to the
12
centerline of the abandoned right-of-way that is now subject to an easement for an
13 14
interim trail and possible future railroad reactivation pursuant to the Trails Act. 68.
Plaintiffs Mark and Dee Kaushagen are residents of King County,
15 16
Washington who own land adjacent to the former railroad easement acquired by the
17
King County in 1998. Russell and Dee Kaushagen parcel number 322506-9041 was
18
acquired on April 15, 2013 and includes the fee title to all that property to the centerline
19
of the abandoned right-of-way that is now subject to an easement for an interim trail
20
and possible future railroad reactivation pursuant to the Trails Act.
21
69.
Plaintiff Sammamish Shore LTD is a corporation in King County,
22 Washington who owns land adjacent to the former railroad easement acquired by the 23 24 25
King County in 1998. Sammamish Shore LTD’s parcel number 357530-0011 was acquired on May 8, 2002 and includes the fee title to all that property to the centerline
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 22
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
of the abandoned right-of-way that is now subject to an easement for an interim trail and possible future railroad reactivation pursuant to the Trails Act. 70.
Plaintiff Douglas Thorpe is a resident of King County, Washington who
4
owns land adjacent to the former railroad easement acquired by the King County in
5
1998. Douglas Thorpe’s parcel number 752590-0075 was acquired on March 31, 1997
6
and includes the fee title to all that property to the centerline of the abandoned right-of-
7 way that is now subject to an easement for an interim trail and possible future railroad 8 9 10
reactivation pursuant to the Trails Act. 71.
Plaintiffs John and Joyce Garland are residents of King County,
11
Washington who own land adjacent to the former railroad easement acquired by the
12
King County in 1998. John and Joyce Garland’s parcel number 077710-0075 was
13 14
acquired on January 5, 2011 and includes the fee title to all that property to the centerline of the abandoned right-of-way that is now subject to an easement for an
15 16 17
interim trail and possible future railroad reactivation pursuant to the Trails Act. 72.
Plaintiff Doug Schumaher is a resident of King County, Washington
18
who owns land adjacent to the former railroad easement acquired by the King County
19
in 1998. Doug Schumacher’s parcel number 072406-9031 was acquired on June 18,
20
2009 and includes the fee title to all that property to the centerline of the abandoned
21
right-of-way that is now subject to an easement for an interim trail and possible future
22 railroad reactivation pursuant to the Trails Act. 23 24 25
73.
Plaintiffs Daniel and Susan Denton are residents of King County,
Washington who own land adjacent to the former railroad easement acquired by the
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 23
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
King County in 1998. Daniel and Susan Denton’s parcel number 357530-0020 was
2
acquired on December 23, 2005 and includes the fee title to all that property to the
3
centerline of the abandoned right-of-way that is now subject to an easement for an
4
interim trail and possible future railroad reactivation pursuant to the Trails Act.
5 6
74.
Plaintiff Patricia Harrell is a resident of King County, Washington who
owns land adjacent to the former railroad easement acquired by the King County in
7 1998. Patricia Harrell’s parcel number 892010-0089 was acquired on October 10, 2011 8 9
and includes the fee title to all that property to the centerline of the abandoned right-of-
10
way that is now subject to an easement for an interim trail and possible future railroad
11
reactivation pursuant to the Trails Act.
12 13 14
75.
King County is a home rule charter county and a political subdivision of
the State of Washington. 76.
The City of Sammamish was incorporated under Washington law on
15 16
August 31, 1999. JURISDICTION AND VENUE
17 18
77.
This Court has jurisdiction pursuant to the Revised Code of Washington
19
§ 7.28.010 et seq and 7.24.010 et seq. because the Defendants have clouded the title to
20
Plaintiffs’ property. The Defendants only obtained an easement for trail use over the
21
surface of Plaintiffs’ property by and through implementation of the Trails Act. This
22 action presents a claim arising under the laws of the United States as well as the laws of 23 24
Washington.
25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 24
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
78.
Pursuant to the Revised Code of Washington § 4.12.10, venue is proper
2
because (1) Defendants reside in King County; (2) a substantial part of the events or
3
omissions giving rise to the claims occurred in King County; and (3) all of the property
4
that is the subject of this action is situated in King County.
5 6
FACTS PERTINENT TO ALL CAUSES FOR RELIEF 79.
In the late 1800s, SLS&E acquired land to construct their railroad right-
7 of-way along Lake Sammamish by way of the 1875 Act, easement deeds and 8 9 10
prescriptive easements. 80.
The original conveyances to the railroad have already been analyzed and
11
determined to convey mere easements for railroad purposes by Judge Marian Blank
12
Horn of the United States Court of Federal Claims in Beres v. United States, 104 Fed.
13 14
Cl. 408 (Fed. Cl. 2012). Judge Horn’s Opinion and Order, rendered on April 5, 2012, concluded that the conveyances at issue in this case were conveyances of easements to
15 16
the railroad for their railroad purposes only and that the easement currently on
17
Plaintiffs’ land is a surface easement for recreational trail use with the potential
18
reactivation of a railroad.
19 20 21
81.
The Seattle, Lake Shore & Eastern Railway Company changed names
and ownership on several occasions over many decades.
After many changes in
ownership and acquisition of the line from previous railroads, the Burlington Northern
22 Sante Fe Railroad (“BNSF”) became the rail operator. BNSF operated the railroad line 23 24 25
over the railroad corridor for a time and ultimately stopped using the right-of-way for the operation of a railroad.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 25
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
82.
The Trails Act authorizes the STB, the governmental entity responsible
2
for regulating railroads and their common carrier obligations, to “preserve for possible
3
future railroad use rights-of-way not currently in service and to allow interim use of the
4
land as recreational trails.”
5 6
83.
Congress enacted the Trails Act to address the national problem of
railroad abandonments and the loss of the national network of rights-of-way. The
7 Trails Act authorizes the STB to preserve railroad corridors or rights-of-way not 8 9
currently in use for train service for possible future rail use by converting those rights-
10
of-way into recreational trails. In essence, the Trails Act allows a railroad to relinquish
11
responsibility for a rail line by transferring the corridor to an entity that will use it as a
12
recreational trail. Although the corridor is not used as a railroad during the period of
13 14
interim trail use, it remains intact for potential future use for rail service. This process is called “railbanking.”
15 16
84.
Pursuant to the Trails Act, before a railroad corridor may be converted
17
into a recreational trail, the railroad must either initiate abandonment proceedings with
18
the STB under 49 U.S.C. § 10903 or seek an exemption from the ordinary abandonment
19
procedures under 49 U.S.C. § 10502. Under either procedure, abandonment of the rail
20
line and right-of-way will not be approved by the STB if a qualified trail provider
21
submits to the STB a request to use the right-of-way as a recreational trail.
22 85.
If the trail provider submits a statement of willingness to assume
23 24
financial and legal responsibility to the STB and the railroad, the STB will issue a
25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 26
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
NITU, which preserves the STB’s jurisdiction over the rail corridor while the parties negotiate an Interim Trail Use Agreement. 49 C.F.R. § 1152.29(c). 86.
The NITU preserves the STB’s jurisdiction over the rail corridor, allows
4
the railroad to discontinue operations and remove track and equipment, and affords the
5
railroad and the trail provider 180 days to negotiate a railbanking and Trails Use
6
Agreement. During this period, the railroad will negotiate an agreement for the transfer
7 of the corridor to the trail operator. 8 9
87.
If an agreement is ultimately reached, the NITU automatically authorizes
10
the interim trail use. If the STB takes no further action, the trail sponsor then may
11
assume management of the right-of-way, subject only to the right of the railroad to
12
reassert control of the property for restoration of rail service. If an agreement is not
13 14
reached, the railroad will be allowed to abandon the line, at which time the STB’s jurisdiction over the right-of-way terminates and the fee ownership in the rail corridor
15 16 17
returns to the adjacent landowners. 88.
In 1998, BNSF filed a Petition for Exemption to abandon the line with
18
the STB. On September 16, 1998 the STB authorized the Land Conservancy of Seattle
19
and King County to assume financial responsibility for the corridor and the conversion
20
of the corridor into a recreational trail. The NITU from the STB was filed pursuant to
21
the Trails Act and was attached as Exhibit F to the original complaint.
22 89.
Pursuant to the Trails Act and its implementing regulations, King
23 24 25
County entered into an interim Trail Use Agreement with BNSF on September 29, 1998 to railbank the railroad corridor from milepost 7.3 near Redmond and milepost 19.75 at
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 27
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
Issaquah, in King County. Washington, subject to reactivation for the resumption of
2
interstate freight service. The interim Trail Use Agreement designated King County as
3
the interim trail user for railbanking purposes. The Trail Use Agreement was attached
4
as Exhibit G to the original complaint.
5 6
90.
King County, through the Quit Claim Deed from BNSF, and pursuant to
the Trails Act, acquired an easement over the surface of the right-of-way, which
7 pursuant to the Trails Act, is now an easement for a hiking and biking trail with the 8 9
possible reactivation of a railroad.
King County, who improperly and illegally
10
attempted to usurp the landowners’ fee interests in the subsurface rights and improperly
11
is attempting to claim ownership in land that belongs to Plaintiffs, which King County
12
has no right to do.
13 14
91.
King County only acquired a surface easement from BNSF pursuant to
the Trails Act. King County could only and did only receive a surface easement by and 15 16
through the Quit Claim Deed with and from BNSF, but has repeatedly made false
17
claims and representations of fee ownership. King County’s easement from the BNSF,
18
to the extent it purportedly grants any rights beyond the surface of Plaintiffs’ land, is
19
invalid and unenforceable.
20 21
COUNT I - DECLARATORY JUDGMENT For Count I against King County, Plaintiffs Sammamish Homeowners, Tom and
22 Suzanne Hornish, Tracy and Barbara Neighbors, Arul Menezes and Lucretia 23 24 25
Vanderwende, Herbert and Elynne Moore, Reid and Teresa Brown, Shawn and Trina Huarte, Annette McNabb and Eugene and Elizabeth Morel, John T. and Kathleen
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 28
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
Moodie, George and Ginette Toskey, Mark and Patricia Tomlinson, Reid E. and Susan
2
M. Brockway, Terry J. and Margaret A. Klomp, William J. Rissberger, Harold A. and
3
Mary M. Diramio, Greg and Karma Chapman, Louis F. and Cari A. Kramp, Christine
4
L. Calderon Trust, Joseph W. and Lora A. VanSickle, James and Susan Buchanan,
5
Trevor Nies, Mackenzie Smith and Kristin Elisabeth Toth Smith, William P. and Lynda
6
K. Ott Residence Trust, Frank E. and Priscilla A. McKulka, Jay Boitano, Ted R. and
7 Elaine M. Davis, J. Herb and Judy Gilbo, Michael A. and Diane E. Vasey, Philip and 8 9
Dorothy Bradbury, Gordon Conger, Elizabeth Conger Mueller and Lois Jarman, James
10
and Linda Fay, Don M. Johnson, Damon and Ferrol McCartney, Jeffrey and Jill Lum,
11
John and Joanne McKay, and Raymond, Chery Castor Gene and Helen Farrell, William
12
and Debra Gottschalk, Scott and Janine Bergevin, James Allen Creevey, James and
13 14
Dorothy Stenson, Lawrence Ness, Thomas and Karla Gowan, Thomas and Joni Masterson, William and Kathryn Greve, Jerry Spence, James and Mary O’Neil, John
15 16
and Carolyn Rossi, Lance and Marilyn Kilgore, Mitchell and Carrie Parrish, Vinayak
17
and Sampada Bhalerao, Robert Allison, Volker Elste and Gail Ureel, Russell and Judith
18
Albright, Mark and Dee Kaushagen, Sammamish Shore LTD, Douglas Thorpe, John
19
and Joyce Garland, Doug Schumacher, Daniel and Susan Denton, and Patricia Harrell
20
allege as follows:
21
92.
Plaintiffs hereby incorporate by reference paragraphs 1-91 as though
22 fully set forth herein. 23 24 25
93.
Plaintiffs own the underlying fee in the railroad right-of-way adjacent to
their property, including subsurface and aerial rights.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 29
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
94.
BNSF, prior to implementation of the Trails Act and the granting of a
2
quit claim deed to King County, possessed an easement for railroad purposes on the
3
surface of Plaintiffs’ fee ownership in the railroad’s right-of-way.
4 5 6
95.
King County acquired BNSF’s easement, which is now an easement for
a hiking and biking trail with the potential reactivation of a railroad pursuant to the Trails Act, on the surface of Plaintiffs’ fee ownership.
7 96.
Pursuant to the Trails Act, BNSF abandoned their easement for railroad
8 9
purposes on the surface of Plaintiffs’ fee ownership and King County, as trail operator
10
under the Trails Act, acquired a surface easement for a hiking and biking trail with the
11
possible reactivation of a railroad.
12 13 14
97.
Although King County merely acquired a surface easement for a hiking
and biking trail on Plaintiffs’ property with the possible reactivation of a railroad, is now claiming rights beyond a surface easement for a recreational trail on Plaintiffs’
15 16 17
property. 98.
Under the Uniform Declaratory Judgments Act, Chapter 7.24 of the
18
Revised Code of Washington, the Court has jurisdiction to declare the rights of the
19
parties with respect to the railroad right-of-way at issue. Specifically, under Section
20
7.24.020 of the Revised Code of Washington, any person claiming an interest under a
21
deed, written contract, or statute is entitled to a determination of rights arising under the
22 deed, written contract, or statute. 23 24 25
99.
Plaintiffs are entitled to a declaration of rights that the original source
conveyances to the railroad were easements, that the easements were for railroad
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 30
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
purposes only, and that they are the fee owners of the railroad right-of-way at issue,
2
because King County only acquired a surface easement for a hiking and biking trail
3
with the possible reactivation of a railroad pursuant to the Trails Act and has no right to
4
utilize any area of the corridor beyond the area used for railroad purposes.
5 6
COUNT II - QUIET TITLE For Count II against King County, Plaintiffs Tracy and Barbara Neighbors, Arul
7 Menezes and Lucretia Vanderwende, Herbert and Elynne Moore, and Reid and Teresa 8 9
Brown, Shawn and Trina Huarte, Annette McNabb, Eugene and Elizabeth Morel,
10
Volker Elste and Gail Ureel, Ted and Elaine Davis, and Doug Schumacher allege as
11
follows:
12 13 14
100.
Plaintiff incorporates by reference paragraphs 1-99 as though fully set
forth herein. 101.
BNSF held an easement for railroad purposes by way of a prescriptive
15 16 17
easement and the easement width is dictated by the railroad’s historic use. 102.
Before the STB issued the NITU applicable to Plaintiff’s land, King
18
County acquired the right-of-way from BNSF through a quit claim deed on April 23,
19
1997, was attached as Exhibit H to the original complaint. By and through operation of
20
the NITU, the Trails Act, and the quit claim deed, King County acquired an easement
21
on the surface of Plaintiff’s land and Plaintiff’s land was then encumbered with a
22 surface easement for a hiking and biking trail with the possible reactivation of a 23 24
railroad.
25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 31
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
103.
Although King County acquired an easement on the surface of Plaintiff’s
2
land, it has asserted that it acquired Plaintiff’s fee ownership in the railroad corridor
3
including Plaintiff’s subsurface and aerial rights, in addition to Plaintiff’s surface rights,
4
as well as greater widths than the railroad owned or utilized.
5 6
104.
King County, by and through the Quit Claim deed from the BNSF,
acquired BNSF’s easement for a hiking and biking trail with the possible reactivation of
7 a railroad, which are the specific legal rights that King County assumed as the Trail 8 9 10
User under the Trails Act. 105.
The conduct of King County in claiming to be able to utilize Plaintiff’s
11
subsurface and aerial rights for their own purposes, as well as at greater widths than the
12
railroad had, amounts to a cloud on Plaintiffs’ fee ownership in their subsurface and
13 14
aerial rights. 106.
Pursuant to § 7.28.010 of the Revised Code of Washington, and because
15 16
the Plaintiffs own the fee interest in the right-of-way, the actions and conduct of King
17
County in claiming fee ownership of the right-of-way and an interest in Plaintiff’s
18
subsurface and aerial rights, as well as at greater widths that the railroad had, has
19
improperly placed a cloud on Plaintiff’s title.
20 21
107.
As a direct and proximate result of the cloud on Plaintiff’s title created
by the unlawful acts and conduct of King County in claiming rights to Plaintiff’s
22 subsurface and aerial rights, as well as at greater widths that the railroad had, Plaintiff is 23 24 25
entitled to an order quieting any claim of any interest in the subsurface and aerial rights by King County.
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 32
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1
COUNT III – INJUNCTION
2 3
For Count III against King County and the City of Sammamish, Plaintiffs Plaintiffs Tracy and Barbara Neighbors, Arul Menezes and Lucretia Vanderwende,
4 Herbert and Elynne Moore, and Reid and Teresa Brown, Shawn and Trina Huarte, 5 6 7
Annette McNabb, Eugene and Elizabeth Morel, Volker Elste and Gail Ureel, Ted and Elaine Davis, and Doug Schumacher allege as follows:
8 9 10 11
108.
Plaintiffs hereby incorporate paragraphs 1-107 as though fully set forth
109.
Plaintiffs own the underlying fee in the former railroad corridor and
herein.
possess a clear legal and equitable right to the former railroad corridor which was not
12 13 14
used for railroad purposes prior to being converted to a hiking and biking trail. 110.
King County alleges to have legal rights in Plaintiffs’ land, and intends
15
to usurp Plaintiffs’ rights in their land, including immediate invasion of Plaintiffs’
16
rights, including the intention to widen a current hiking and biking path, which King
17
County has no legal right to do.
18
111.
King County has applied for a permit from the City of Sammamish in
19 order to allow widening of the hiking and biking path but the City of Sammamish has 20 21 22 23 24
no legal right to issue any permit to widen the hiking and biking path to encroach or invade upon Plaintiffs’ fee ownership. 112.
King County publically alleges to have rights and publically alleges their
intention of widening the hiking and biking path, and the threat of widening the current
25 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 33
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2 3
hiking and biking path is an immediate threat to invade Plaintiffs’ ownership and use of their property. 113.
If the hiking and biking path is widened, Plaintiffs’ will suffer from an
4
actual and substantial injury, including flooding, the loss of trees, and the damage of
5
extremely close proximity of the hiking and biking trail substantially close to their
6
homes, as well as other injury to their properties.
7 114.
Due to the substantial injury and damage that will result from the
8 9
permitting process if the hiking and biking path is widened, this Court should enjoin the
10
City of Sammamish from issuing any permits for widening of the current hiking and
11
biking path, as well as enjoin King County from continuing any work on the current
12
hiking and biking path until this Court resolves the ownership interests in the
13 14
underlying fee in the current hiking and biking path. WHEREFORE, Plaintiffs respectfully request that judgment be entered for
15 16
Plaintiff and against King County quieting title in Plaintiffs’ favor and for a declaratory
17
judgment declaring that King County only obtained a surface easement for a hiking and
18
biking trail with the possible reactivation of a railroad by and through the Trails Act
19
and the Quit Claim Deed with BNSF, and for such further monetary and equitable relief
20
and for allowable costs and attorney fees as the Court may deem just and proper.
21 22
Date: April 13, 2015
BAKER STERCHI COWDEN & RICE, L.L.C.
23 24 25
By /s/ Thomas S. Stewart Thomas S. Stewart 2400 Pershing Road, Suite 500 Kansas City, MO 64108 FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 34
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626
1 2
Telephone: (816) 471-2121 Facsimile: (816) 472-0288
[email protected]
3
AND
4
RODGERS DEUTSCH & TURNER, P.L.L.C. Daryl A. Deutsch, WSBA No. 11003 Rodgers Deutsch & Turner, P.L.L.C. 3 Lake Bellevue Dr. Suite 100 Bellevue, WA 98005 Telephone (425) 455-1110 Facsimile (425) 455-1626
[email protected] ATTORNEYS FOR PLAINTIFFS
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
FIRST AMENDED COMPLAINT FOR DECLARATORY RELIEF, TO QUIET TITLE AND FOR AN INJUNCTION PAGE 35
RODGERS DEUTSCH & TURNER, P.L.L.C. Attorneys At Law Three Lakes Bellevue Dr. Suite 100 Bellevue, Washington 98005-2440 Tel. (425)455-1110 Fax (425)455-1626