HomeMy WebLinkAbout2013 - Temporary Construction Easement - WEA Southcenter LLC - 20130612001115 :
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After Recording Mail To:
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
2
20130612001115 88.00
PAGE -001 OF 017
KING2COUNTY15�1A6
EXCISE TAX NOT REQUIRED
King Cou ty Roc rd ivision
By ,..�, Deputy
TEMPORARY CONSTRUCTION EASEMENT
(GRANTED IN LIEU OF CONDEMNATION)
Grantor: WEA Southcenter, LLC
Grantee: City of Tukwila
Abbreviated Legal Description: Ptn of Parcels A & G, Binding Site Plan #L -10 -032, V 256, Pgs.
1 9
Assessor's Property Tax Parcel Account Number(s): 920247 - 0010 -00 and 920247 - 0070 -07
Tukwila Urban Center Transit Center Project
THIS TEMPORARY CONSTRUCTION EASEMENT (the "Easement ") is executed this
day of cti. , 20_6_, by WEA Southcenter, LLC, a Delaware limited liability
company, (hereinafter called the "Grantor" or 'WEA "), in favor of the City of Tukwila, a
Washington Municipal Corporation (hereinafter called the "Grantee" or the "City ").
RECITALS
A. WEA owns the property commonly known as Westfield Shopping Center (the
"Property ") located in Tukwila, Washington.
B. The City is planning to construct a Transit Center and Plaza ( "Transit Center ")
upon a portion of the Property within certain easement areas granted by WEA under separate
instruments.
C. In order for the City to construct the Transit Center improvements, it is necessary
for the City to acquire a temporary non - exclusive construction easement in, on, over, across and
through selected portions of the WEA Property as more particularly described below.
D. The City has declared, in Ordinance 2377, the public use and necessity of
obtaining property rights from WEA in order to complete certain transit improvements to
Andover Park West, and has authorized the use of condemnation procedures to obtain such
rights if necessary.
URTESY RECORDING ONc
. .14TABILITY f+ORvALIf3 1. /' .
TITLE MITIALICF, fX;f1
Page 1 of 16 1 of 2 Originals
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E. WEA agrees to grant to the City and its successors and assigns certain non-
exclusive temporary easements to construct the Transit Center Improvements on the terms and
conditions set forth herein.
NOW, THEREFORE, in furtherance of the foregoing recitals and for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
AGREEMENT
1. Recitals and Exhibits Incorporated. Each recital set forth above and each exhibit
reference herein and attached hereto is incorporated into this Easement as though fully set
forth.
2. Grant of Easement. Subject to the terms and conditions stated herein, WEA,
grants and conveys to the City, for the use of the City and its contractors and subcontractors (all
hereinafter "City's Parties "), a temporary non - exclusive construction access easement over,
through, across and upon that portion of the Property legally described on Exhibit A and as
depicted on Exhibit B (the "Easement Area ") to perform work ( "City's Work ") as identified in
the Bid Set plan set for the Tukwila Urban Center Transit Center Project 90610402, Andover
Park West Street & Water Improvement Project 98810404 dated 04 -18 -2013 (the "Transit
Center Improvements "). Nothing in this Easement gives the City any right to construct
improvements on the Easement Area, or to use any other portion of the Property for any reason
unless such right is specifically granted herein. The City, its contractors, and designees shall
have access to the Easement Area from the nearest public right of way, Andover Park West and
through other property on which the City has easement rights, to construct the Transit Center
Improvements.
3. Improvements. Certain transit - related improvements are to be made by the City
within areas identified in other agreements. However, no improvements shall be constructed
within the Easement Area granted herein. In the event any existing private improvements in the
Easement Area are disturbed or damaged by City's use of the Easement Area, then on or
before the end of the Term, the City shall restore or replace such damaged or disturbed
improvements to as good a condition as they were immediately before City entered the
Easement Area. During the Term, City may on an interim basis, restore the Easement Area to a
reasonably safe and convenient condition.
4. WEA's Right to Use Easement Area. Except for those times when the City is
making exclusive use of the Easement Area, WEA shall retain the right to use and enjoy the
Easement Area, including the right to use existing private improvements located in the
Easement Area so long as such use does not interfere with the City's construction of the public
improvements described in this Easement.
5. Term of Easement. The City may exercise its rights under this Easement for a
total of six (6) months (the "Term ") between the dates of September 3, 2013 and June 1, 2014.
The Term shall commence only after this Easement has been executed by WEA and recorded,
and upon the commencement of the City's Work in or on the Easement Area; but in no event
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shall the City's Work on the Easement Area, or the Term of this Easement commence before
September 3, 2013. Once the Term has commenced, the City may exercise its rights under this
Easement for a total of six (6) months; provided that the City shall not do any Work on the WEA
Property or the Easement Area between November 16, 2013 and January 5, 2014 (the
"Construction Moratorium "). This Easement and the rights of the City thereunder shall
terminate in all events not later than the earlier to occur of (a) the date upon which City's Work
has been completed, or (b) June 1, 2014, whether or not City's Work is completed (the "Outside
Termination Date "). No work shall be conducted on the Easement Area by the City or any
agent, employee, contractor or other person on behalf of the City between during the
Construction Moratorium. The City shall leave the Easement Area open, clean, accessible, and
unobstructed during the Construction Moratorium period. The City shall provide at least
fourteen (14) days written notice to WEA prior to commencement of any use by City of the
Easement Area (a) at the beginning of the Term, and (b) following the end of the Construction
Moratorium period. At the end of the Term, this Easement shall expire and be of no further
force and effect, except for the obligations stated herein that survive the Term. Promptly upon
request by WEA, and in no event later than June 15, 2014, City shall execute and record in the
real property records of King County, Washington a document acceptable to WEA, adequate to
terminate this Easement of record ( "Termination "). The Term of this Easement may be
extended by mutual written consent of WEA and City.
6. Binding Effect. The Easement granted hereby is solely for the benefit of and is
personal to the City. The City shall have the right to permit third parties to enter upon the
Easement Area to accomplish the purposes described herein, provided that all such parties
abide by the terms of this Easement. The Easement granted hereby, and the duties,
restrictions, limitations and obligations herein created, shall run with the land, shall burden the
Easement Area and shall be binding upon WEA and its respective successors and assigns.
7. Additional Limitations on City's Use of WEA's Property and Sub -Areas of
Easement Area. Notwithstanding any other provision of this Easement Agreement or any
consent given by WEA:
(a) City shall have no right to use the Easement Area for any purpose except
as needed for access for the installation of Transit Center Improvements on other property, and
City shall have no right to restrict the use of any portion of the Easement Area by WEA for any
purpose deemed necessary or appropriate by WEA in its discretion.
(b) City shall have no right to use WEA's storm drain system for any purpose
in connection with City's Work. City shall take all steps necessary to protect WEA's storm drain
system from any runoff originating on or related to the Transit Center Improvements or to the
conduct of the City's Work.
(c) City shall have no right to use or restrict the use of any portion of WEA's
Property outside of the Easement Area granted under this Easement, except as authorized by
this Agreement or any other agreement between WEA and the City.
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8. City's Work and Use of Easement Area.
(a) City's Covenants and Warranties. City hereby covenants and warrants
that it will (i) perform the City's Work under this Easement and all other activity related to this
Easement and the Project at its sole cost and expense, and (ii) City shall perform such work in a
professional, good and workmanlike manner and in conformance with normal engineering
construction practices. City will use the proper safety measures required to ensure that City's
Work is performed in a safe and correct manner pursuant to all laws, and federal, state, and
local regulatory codes, rules, ordinances, and guidelines (collectively, "Laws "). City agrees that
it will secure all of the necessary governmental permits and approvals to undertake and
complete the work pursuant to this Easement, and will comply with all applicable Laws related to
such permits and approvals. City shall not damage, destroy, alter, remove, or interfere with any
utility installations that may currently exist in or under the Easement Area or on WEA's Property,
and any such damage, destruction, alteration, removal, or interference shall promptly be cured
by City to WEA's satisfaction, at City's sole cost and expense. The provisions in this section
shall survive any termination or expiration of this Easement Agreement. City shall on at least a
daily basis remove from WEA's Property all excess materials, trash and debris generated by or
in connection with the City's Work.
(b) No City Access, Storage, or Staging; Damage, Alteration, Etc. Neither
the City or any of its employees, contractors, or subcontractors shall use the Easement Area or
any other portion of WEA's Property for the purpose of driving or parking any vehicles or
equipment, or as a storage or staging area for any vehicles, equipment, supplies, materials, or
any other matter except as specifically provided herein. City will not move, remove, undermine,
damage or demolish in any way any portion of WEA's Property including WEA's existing
landscaping, signs, paving, curbing, access drives, or any other improvements located within
the Easement Area or on WEA's Property, and any such damage, demolition, undermining,
alteration or removal shall promptly be cured by City to WEA's satisfaction, at City's sole cost
and expense. The provisions in this section shall survive any termination or expiration of this
Easement Agreement.
(c) No City Liens. City shall perform all of City's Work under this Easement
and all other activities related to the Transit Center Improvements at City's sole cost and
expense and shall not allow any mechanics' or other lien to be placed on WEA's Property with
respect to the City's Work or City's use of and operation on WEA's Property. Should any such
lien arise due to the acts or omissions of City or its agents, employees, contractors, or
subcontractors or any other person or entity working on behalf of City, City shall, no later than
thirty (30) days from the earlier of (i) the claim of such lien or (ii) City's receipt of notice of the
existence of such lien, fully discharge the lien at City's cost and expense. The provisions in this
section shall survive any termination or expiration of this Easement .
(d) City's Post - Construction Work; Repair of Damage. Unless otherwise
agreed in writing by WEA, immediately after City completes its City's Work on the Transit Center
and in all events no later than the date of the termination or expiration of the Term of this
Easement, City will restore the Easement Area and all affected portions of WEA's Property to
the same as or better condition than it was in before City began City's Work, and to a safe
condition, and City will remove all of its equipment, materials, tools, trash, debris, and other
property from WEA's Property. If any damage, destruction, or loss occurs to the Easement
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Area or WEA's Property during the performance of City's Work, and such damage, destruction
or Toss arises out of or is related to, or a consequence of any of City's Work or other work on the
Project, City will promptly notify WEA in writing of the damage, destruction, or loss. If WEA
notices the damage, destruction or loss prior to receiving notice thereof from City, then WEA
shall promptly notify City in writing of the damage, destruction, or loss. Unless otherwise agreed
by WEA in writing, City will repair the damage and restore WEA's Property (or commence and
diligently pursue repair and restoration) within three (3) days after the City's discovery of the
matters requiring such repair or restoration, or the receipt of WEA's notice, whichever is earlier.
If the City fails to restore the Easement Area or WEA's Property, or fails to repair the damage,
(or fails to timely commence and diligently pursue restoration or repair) within such three (3) day
period, then WEA may in its sole discretion restore WEA's Property and /or conduct the repair of
any such damage, in which event the City shall reimburse WEA for all costs incurred by WEA,
plus an administrative fee of twenty -five (25 %) of all such costs, within fifteen (15) business
days after City's receipt of an invoice from WEA. The City's obligations in this section shall
survive any termination or expiration of this Easement.
9. WEA's Reserved Right. WEA reserves the right to use the Easement Area
described in this Easement for all purposes not inconsistent with the conduct of City's Work.
Following expiration of the Term, City shall have no continuing rights with respect to the
Easement Area.
10. Indemnification. City will hold harmless, indemnify and defend WEA, its lessees,
franchisees, licensees, invitees, employees, agents, personal representatives, contractors,
subcontractors, successors and assigns ( "WEA Parties "), against any and all claims, demands,
loss, liabilities, costs, fines, penalties, expenses, damage, including claims for injury or death of
any person, loss of or damage to any property, and including economic, direct, indirect and
consequential damages, suits, liens, causes of action and judgments, including costs in
connection with establishing the right to indemnification hereunder, and including, but not limited
to reasonable attorney's, expert's, and accountant's fees (collectively, the "Claims ") asserted or
arising directly or indirectly from, on account of or in connection with, or in any way related to or
as a result or consequence of the Transit Center Improvements or City's Work including the
design, implementation, and construction thereof, entrance upon and /or use of the Easement
Area or WEA's Property, or any act or omission of City and its lessees, franchisees, licensees,
invitees, employees, agents, personal representatives, contractors, subcontractors,
materialmen, successors and assigns ( "City Parties ") in connection with the Project or City's
Work or under this Easement Agreement, except for claims caused by the sole negligence of
WEA. With respect to all or any portion of the foregoing obligation which may be held to be
within the purview of RCW 4.24.115, such obligation shall apply only to the maximum extent
permitted by RCW 4.24.115. City expressly waives any immunity under RCW Title 51, whether
arising from any statute or other source, to the extent of the indemnity set forth in this Section.
In no event shall City's obligations hereunder be limited to the extent of any insurance available
to or provided by City or any other person or entity. Should City's obligation to defend arise, the
Parties shall use good faith efforts to mutually agree upon counsel to defend; provided, if the
Parties are unable to mutually agree upon counsel within ten (10) days after the tender of
defense by WEA to the City, then the City's obligation to defend shall be with counsel selected
by WEA and consented to by City, such consent not to be unreasonably withheld, conditioned,
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or delayed. The City's obligations in this section shall survive any termination or expiration of
this Easement.
11. Release. City shall enter upon WEA' Property and the Easement Area and
conduct City's Work at City's sole risk, cost and expense. City, on its behalf and on behalf of all
of the City Parties, hereby waives and relinquishes any and all Claims arising from or related to
the City's Work or any entry on WEA's Property or the subject matter of this Easement now or
hereafter arising in favor of City or any of the City Parties occasioned by, directly or indirectly,
the conditions of or use of WEA's Property or the Easement Area or any improvements thereon
or any other facts or occurrences with respect to the project or City's Work or the conduct of
City's Work or under this Easement. City's obligations in this section shall survive any
termination or expiration of this Easement.
12. Insurance. Prior to commencing City's Work, City shall provide and shall cause
its contractor(s) and subcontractors for City's Work to provide WEA with insurance certificates
and endorsements in form acceptable to WEA showing liability and other insurance coverage,
including automobile liability insurance, in the amounts and in accordance with WEA's
requirements set forth on Exhibit C. The City's participation in a self- insured governmental risk
pool shall satisfy the conditions set funder this section but in no way shall limit the
indemnification obligations in this Easement.
13. Notice. All notices, demands, requests, consents and approvals which may, or
are required to be given by any party to any other party hereunder shall be in writing and shall
be deemed to have been duly given if delivered personally, sent by nationally recognized
overnight delivery service, or if mailed or deposited in the United States mail and sent by
registered or certified mail, return receipt requested, postage prepaid as follows:
If to WEA:
With a copy to:
To City:
Westfield LLC
11601 Wilshire Blvd., 11th Floor
Los Angeles, CA 90025 -1748
Attention: Office of Legal Counsel
Westfield Southcenter Mall
Westfield Corporation, Inc.
2800 Southcenter Mall
Tukwila, WA 98188 -2888
Attention: General Manager
City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
or to such other addresses as either party hereto may from time to time designate in writing
and deliver in a like manner. All notices shall be deemed given (a) upon personal delivery or
(b) three (3) business days following the date when mailed or (c) one (1) business day
following the date and time the notice is deposited with the overnight delivery service.
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14. Survival of Obligations. City's repair and restoration obligations under this
Easement shall not cease until the date which is one (1) year after City has: (a) performed in its
entirety all of City's Work on the Easement Area, in accordance with any and all applicable laws,
regulations and orders of the applicable governmental agency, (b) removed all of its equipment
and materials from WEA Property, (c) restored the Easement Area (and WEA Property if
applicable) to the same or better condition as it was in before City began its City's Work and to a
safe condition, and (d) recorded the Termination.
15. Captions. Captions to the sections in this Easement Agreement are included for
convenience only and do not modify any of the terms of this Easement Agreement.
16. Binding Effect; Title. The easement and the rights and obligations granted herein
shall run with and bind WEA's Property and shall inure to the benefit of and bind City and the
City Parties. The rights granted herein are subject to all matters of record as of the date hereof.
17. Attorneys' Fees. The prevailing party in any action brought to enforce or interpret
the terms of this Agreement shall be entitled to recover its costs and reasonable attorney fees
incurred in said action, including on appeal, whether or not suit is commenced.
18. Breach. If either WEA or the City shall default in its obligations under this
Easement, the parties each acknowledge that it would be extremely difficult to measure the
resulting damages. Accordingly, in the event of breach or threatened breach of this Easement,
the non - defaulting party, in addition to all other available rights or remedies, shall have the right
to sue for specific performance and /or to enjoin such breach or threatened breach, and such
injunctive relief shall be without the requirement of posting a bond or other security, on
reasonable shortened notice to the other party. In such event, all parties hereto each expressly
waive their defense that a remedy in damages or at law would be adequate. In addition, if there
is a failure by either party to perform, fulfill or observe any agreement contained within this
Easement, to be performed, fulfilled or observed by it, and such failure continues for more than
five (5) days after written notice thereof, or without advance notice in situations involving
potential danger to the health or safety of persons in, on or about WEA's Property or substantial
deterioration of the Easement Area or WEA's Property, the non - defaulting party may elect to
cure such failure or breach on behalf of the defaulting party and collect without contest from the
defaulting party, upon delivery of an invoice, the actual costs for the cure together with interest
at the rate of 12% per annum from the date of the expenditure to the date of payment in full. No
breach of this Easement shall entitle either party to cancel, rescind or otherwise terminate this
Easement; provided, however, that this provision shall not limit or otherwise affect any other
right or remedy which such party may have hereunder by reason of any breach of this
Easement.
19. Severability. In case any one or more of the provisions set forth in this Easement
shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Easement shall be
construed as if such provision had never been contained herein.
20. No Waiver. The failure of WEA to insist upon strict performance of any of the
terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies
Page 7 of 16
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which WEA may have hereunder or at law or in equity, and shall not be deemed to be a waiver
of any subsequent breach or default in any of such terms, covenants or conditions.
21. Coordination of Agreements. This Easement Agreement, the Transit Center
Easement Dedication Agreement and the Temporary Construction Easement and Real Property
Voucher executed contemporaneously herewith (the "Contemporaneous Agreements "),
constitute the entire agreement between the parties with respect to the Transit Center Area
Easements granted under this Easement Agreement and supersede all prior and
contemporaneous agreements and understanding between the parties hereto relating to the
subject matter hereof, except those reduced to writing and executed prior to the date of this
Easement Agreement, the terms of which are consistent with the terms of this Easement
Agreement and the Contemporaneous Agreements. WEA (and /or its predecessor in interest in
ownership of the Property) is a party to a number of prior agreements with the City (the "Prior
Agreements "), which remain in effect. Some of the Prior Agreements may impose conditions
upon WEA related to its use of the Property, such as requirements to landscape portions of the
Property or comply with setback requirements, or similar matters. To the extent that the rights
granted by WEA to the City under this Easement Agreement or the Contemporaneous
Agreements are inconsistent with requirements imposed under the Prior Agreements, such
requirements of the Prior Agreements shall be and are hereby waived by the City. WEA and the
City shall cooperate in good faith with each other to accomplish the purposes of the Prior
Agreements and this Easement Agreement and the Contemporaneous Agreements in practical
ways, where the requirements of any of them may be in conflict with any other. Nothing in or
accomplished by this Easement Agreement or the Contemporaneous Agreements shall result in
a breach or default by WEA under any of the Prior Agreements.
22. Termination. Except as specifically provided herein, no termination of this
Easement shall release City from any liability or obligation with respect to any matter occurring
prior to such termination.
23. Further Assurances. Each of the parties to this Easement will, at its own cost
and expense, execute and deliver such further documents and instruments and will take such
other actions as may be necessary, reasonably required or appropriate to evidence or carry out
the intent and purposes of this Easement. In any case where the consent or approval of a party
is required, it shall not be unreasonably withheld, conditioned, or delayed.
24. Counterparts. This Easement may be executed in any number of counterparts
and by different parties hereto in separate counterparts, each of which when so executed and
delivered shall be deemed to be an original and all of which taken together shall constitute one
and the same instrument.
25. Authority. The parties signing below represent and warrant that they have the
requisite authority to bind the entities on whose behalf they are signing.
Signature on Following Page
Page 8 of 16
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IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed
on the date first set forth above.
GRANTOR:
WEA SOUTHCENTER LLC, a Delaware limited liability company:
By: Westfield America Limited Partnership,
a Delaware limited partnership,
Its Sole Member
By: Westfield U.S Holdings LL - Delaware limited liability company,
Its general part ,
By:
u�
Name:
Its: / - •
STATE OF CALIFORNIA
On
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Y OF LOS ANGELES )
2011 b
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me, a Notary Public
Personally appeared •ersonally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s • •se name(s) is /are subscribed
to the within instrument and acknowledged to me that he /she /th- - xecuted the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on • - instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instr - -nt.
WITNESS my hand and official seal.
Signature
41302
See attached (Seal)
signature page.
Page 9 of 16
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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State of California
County of 1-tSf'I�GP
On me 1 2 i, 2.o(3 before me, 4'S01 • Si 2 L� Name 6172 et'i Officer C-
1 Date Here In
personally appeared R0 r j R' • fa c
Name(s) of Signer(s)
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LISA M. SHELLEY
Commission # 1931433
Notary Public - California
Los Angeles County
My Comm. Expires Apr 30, 2015
Place Notary Seal Above
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who proved to me on the basis of satisfactory evidence to
be the person$ whose name( isKre subscribed to the
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capacity(09), and that by hisfhgf /t Ir sig atureS) on the
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which the person() acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my
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Signature .� .!�: �/ •
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Signature of Notary
Though the information below is not required by law, it may prove valuable to persons relying on the document
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Description of Attached Document
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee __._ _.._
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
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GRANTEE:
CITY OF TUKWILA
a Washington municipal corporation
By:
Name:
Its:
•
Attest/Authenticated:
Approved As to Form:
Ql�ch -rukr.P City Attorney
STATE OF WASHINGTON )
) ss.
County of King /'� �-
On this 16 day of T r— )U P2-- , 2013 before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeare , known to me to be the )11 Chi of CITY OF
TUKWILA, the municipal corporation that executed the foregoing instrumdiit, and acknowledged
it to be the free and voluntary act of said municipal corporation, for the uses and purposes
mentioned in this instrument, and on oath stated that he was authorized to execute said
instrument.
WITNESS my hand and official seal hereto affixed the day and year above written.
0\l‘f M - 0 'OA k&-ty
Print Na
Notary Publi,'in and for the
Washington, residing at
My appointment expires
Dated this 1 tP day of lAJOQ.
41302
Page 10 of 16
Exhibit A
City of Tukwila
Parcel A and G - Binding Site Plan #L10 -032
Tax Parcel No. 9202470010 and 9202470070
Southbound Transit Center Temporary Construction Easement Description
That portion of Parcels A and G of City of Tukwila Binding Site Improvement Plan No. L 10 -032,
recorded in volume 256 of Plats, Pages I through 9, under Recording No. 20101021000765, records of
King County, Washington, described as follows:
Commencing at the northeast corner of said Parcel G;
Thence North 00 °11'38" West along the east line, of said Parcel A, and the west margin of Andover Park
West, a distance of 288.32 feet to the POINT OF BEGINNING of the easement herein described;
Thence South 89 °46'20" West a distance of 29.76 feet to the beginning of a tangent curve concave to the
south and having a radius of 125.00 feet;
Thence westerly along the arc of said curve through a central angle of 2°15'37" a distance of 4.93 feet;
Thence South 00°11'38" East a distance of 14.66 feet to the beginning of a non- tangent curve concave to
the south from which the center point bears South 03 °47'06" East a distance of 95.00 feet;
Thence westerly along the arc of said curve through a central angle of 30 °08'27" a distance of 49.31 feet;
Thence South 33 °53'21" East a distance of 35.87 feet to the beginning of a tangent curve concave to the
northeast and having a radius of 8.00 feet;
Thence southeasterly along the arc of said curve through a central angle of 56 °20'23" a distance of 7.87
feet;
Thence North 89°46'16" East a distance of 19.69 feet;
Thence South 00°11'38" East a distance of 386.74 feet to the beginning of a non - tangent curve concave to
the east from which the radius point bears North 61 °35'45" East a distance of 8.25 feet;
Thence southerly along the, arc of said curve through a central angle of 14 °07'53" a distance of 2.04 feet
to the beginning of a compound curve concave to the north and having a radius of 13.00 feet;
Thence easterly along the arc of said curve through a central angle of 49 °40'21" a distance of 11.27 feet;
Thence North 89 °48'22" East a distance of 23.40 feet to said west margin of Andover Park West;
Thence South 00°11'38" East along said west margin a distance of 5.00';
South 89 °48'22" West a distance of 23.40 feet to the beginning of a tangent curve concave to the
northeast and having a radius of 18.00 feet;
Thence northwesterly along the arc of said curve through a central angle of 48 °27'27" a distance of 15.22
feet to the .beginning of a compound curve:having a radius of 13.25 feet;
Thence northerly along the arc of said curve through a central angle of 22 °05'41" a distance of 5.11 feet
Feet;
Thence North 00°11'38" West a distance of 11.24 feet;
Thence South 89 °40'07" West a distance of 4.00 feet;
Thence North 00 °11'38" West a distance of 15.88 feet;
Thence North 89 °40'07 East a distance of 4.00 feet;
Thence North 00°11'38" West a distance of 112.50 feet;
Thence South 90 °00'00" West a distance of 14.31 feet;
Thence North 00°16'56" West a distance of 243.16 feet to the beginning of a non - tangent curve concave
to the northeast from which the radius point bears North 00°13'44" West a distance of 13.00 feet;
Thence northwesterly along the arc of said curve through a central angle of 56 °20'23" a distance of 12.78
feet;
Thence North 33 °53'21" West a distance of 44.57 feet to the beginning of a non- tangent curve concave to
the southeast from which the radius point bears South 36 °24'35" East a distance of 100.00 feet;
Thence northeasterly along the are of said curve through a central angle of 29 °55'54" a distance of 52.24
feet;
Page 11 of 16
1 r
Thence North 00 °11'38" West a distance of 14.55 feet to the beginning ()fa non - tangent curve concave to
the south from which the center point bears South 05 °59'58" East a distance of 130.00 feet;
Thence easterly along the arc of said curve through a central angle of 4 °19'46" a distance of 9.82 feet;
Thence North 89 °46'20" East a distance of 29.76 feet to said west margin of Andover Park West;
Thence South 00°11'38" East, along said west margin, a distance of 5.00 feet to the POINT OF
BEGINNING.
Together with that portion of said Parcel A described as follows;
Commencing at northeast corner of said Parcel G;
Thence North 00°1 l'38"- West along the east lines of said Parcel. A and said west margin of Andover Park
West, a distance of 317.54 feet;
Thence South 89 °48'22" West a distance of 15.00 feet to the POINT OF BEGINNING;
Thence continuing South 89 °48'22" West a distance of 17:11 feet;
Thence North 00 °46'46" East a distance of 25.52 feet;
Thence South 89 °10'47" East a distance of 16.17 feet;,
Thence North 00°11'38" West, parallel with said east line of Parcel A and west margin, a distance of 5.00
feet;
Thence North 89° 10'47" West a distance of 21.59 feet;
Thence South 00 °46'46" West a. distance of 35.61 feet;
Thence North 89 °48'22" East a distance of 22.19 feet;
Thence North 00°11'38" West, parallel with said east line and west margin, a distance of 5.00 feet to the
POINT OF BEGINNING.
Situate in the City of Tukwila, County of King, State of Washington,
The above described easement areas contain:
Parcel 9202470010 = ±5,732 square feet
Parcel 9202470070 = ±1,321 square feet
taa
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Page 12 of 16
EXHIBIT MAP EXHIBIT B SHEET 1 OF 3
SOUTHBOUND TRANSIT & TEMPORARY CONSTRUCTION EASEMENT AREAS
TRANSIT
EASEMENT
AREA 2
z—uSIGN
J
8
WEST LII\ E OF
EX. ESM'T REC.
#20080424001836
POB
AREA 2
& TEMP.
15.00'
C14
C15
i
G6
'
�,' / ' -G 3 \-- POB
\ V TRANSIT AREA 1
,2\ \\ \EASEMENT 01
�p o \ ��
\ AREA 1 od
J
C4
C17
SEE SHEET 3 FOR
LINE AND CURVE TABLES
L4
TEMPORARY
CONSTRUCTION
EASEMENT
(NJ
N0016'56 "W
1-
Z
w
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w w
wQ
wz
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3
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En o
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1-
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An Engineering Services Company
POINT A
N0011'38 "W
BAKER BLVD.
POB FOR TEMPORARY
CONSTRUCTION
EASEMENT
ANDOVER PARK W
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
p. 425.827.20141 f. 425.827.5043
Civil 1 Structural 1 Planning 1 Survey
paceengrs.com
SCALE: 1" = 40' FILE: \24735V— SP— ROW.DWG DATE: 2/04/13 FW PROJ. NO.: 09603.19
Page 13 of 16
EXHIBIT MAP EXHIBIT B SHEET 2 OF 3
SOUTHBOUND TRANSIT & TEMPORARY CONSTRUCTION EASEMENT AREAS
PARCEL A
BINDING SITE PLAN
V. 240/77 -84
T.L. 9202470010
I0,
I�
N
N
z
1
L___
L24
TEMPORARY
CONSTRUCTION
EASEMENT O
PARCEL G
BINDING SITE PLAN
V. 240/77 -84
T.L. 9202470070
SEE SHEET 3 FOR
LINE AND CURVE TABLES
PARCEL A
O
0
z
5.00' --+
TRANSIT CENTER EASEMENT
L27 /Al
L28Jf
CC19J
1
r
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w
Q
0
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W
0
N0011'38 "W
NE COR
(PARCEL
SIGN
C7
C8
L 3 3
L29
PACE
An Engineering Services Company
SCALE: 1" = 40' FILE: \24735V— SP— ROW.DWG
O
co
G
ANDOVER PARK W
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
p. 425.827.20141 f. 425.827.5043
Civil 1 Structural 1 Planning 1 Survey
paceengrs.com
DATE: 1/31/13 FW PROJ. NO.: 09603.19
Page 14 of 16
EXHIBIT MAP EXH I B I T B SHEET 3 OF 3
SOUTHBOUND TRANSIT & TEMPORARY CONSTRUCTION EASEMENT AREAS
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C3
49.31
95.00
30'08'27"
C4
7.87
8.00
56'20'23"
C7
2.04
8.25
14'07'53"
C8
11.27
13.00
49'40'21"
16.17
C14
4.93
125.00
215'37"
C15
9.82
130.0D
419'46"
C16
52.24
100.00
29'55'54"
C17
12.78
13.0D
56'20'23"
C18
5.11
13.25
22'05'41"
C19
15.22
18.00
48'27'27"
LINE TABLE
LINE
L2
BEARING
S0011'38 "E
LENGTH
14.66
L3
S33'53'21 "E
35.87
L4
N89'46'16 "E
19.69
L5
N0011'38 "W
5.00
L6
N0011'38 "W
5.00
L7
S0011'38 "E
25.22
L8
S8910' 47"E
16.17
L10
N00'46' 46 "E
25.52
L12
S89'46'20 "W
29.76
L13
N89'48'22 "E
23.40
L14
S89'48'22 "W
17.11
L15
N89'46'20 "E
29.76
L16
N0011'38 "W
14.55
L17
S33'53'21 "E
44.57
L24
S90'00'00 "W
14.31
L25
N89'40'07 "E
4.00
L26
N0011'38 "W
15.88
L27
S89'40'07 "W
4.00
L28
N0011'38 "W
11.24
L29
S89'48'22 "W
23.40
L30
N8910'47 "W
21.59
L32
S00'46' 46 "W
35.61
L33
N89'48'22 "E
22.19
L34
S0011'38 "E
12.04
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
PACE p. 425.827.2014 1 f. 425.827.5043
Civil !Structural 1 Planning !Survey
paceengrs.com
SCALE: N/A FILE: \24735V- SP- ROW.DWG DATE: 2/04/13 FW PROJ. NO.: 09603.19
An Engineering Services Company
Page 15 of 16
EXHIBIT C
City's Insurance Requirements
Before any entry by City or any of the City Parties on the Easement Area or on WEA's Property
and throughout the Term of the Easement, City shall maintain, and cause its contractors and
subcontractors to maintain, insurance coverage with the following minimum limits:
1. Statutory Worker's Compensation insurance as required by Washington law;
2. Commercial General Liability Insurance, on an "occurrence" basis, or policy equivalent
thereof, and including Completed Operations coverage, with limits of not less than $1,000,000
each occurrence Combined Single Limit (CSL) /$5,000,000 General Aggregate.
3. Automobile Liability Insurance including Bodily Injury and Property Damage coverage with
limits of not less than $1,000,000 each occurrence Combined Single Limit (CSL).
4. Employer's liability insurance in the amount of $1,000,000 each accident, $1,000,000 each
employee, $1,000,000 policy aggregate by disease.
5. Contractually Assumed Liability coverage specifically covering said City Party for all liability
loss, cost and damages, including attorney's fees, assumed by City Party and City's obligation
to protect, defend and indemnify WEA as set forth under the provisions of this Easement
Agreement.
6. Where City's Work involves any subsurface activities, insurance coverage for explosion,
collapse and underground hazard (XCU) with policy limits not less than $1,000,000 per
occurrence.
City shall provide to WEA, prior to any entry on WEA's Property, original Certificates of
Insurance and endorsements, for all contractors and subcontractors operating on the property,
evidencing the required limits and coverage requirements, by an insurance carrier satisfactory
to WEA, authorized and licensed to provide such policies in the state of Washington. All
policies shall specifically include:
• At least 30 days' notice to WEA of policy cancellation;
• The policy shall include "additional insured endorsements" naming `WEA Southcenter LLC,
Westfield LLC, and Westfield America Limited Partnership" as additional insured,"
❖ Each policy shall be "primary and non - contributory" to any other coverage which WEA may
carry.
• City is a member of and insured by WCIA, a self- insured risk pool, which provides
contractual liability coverage to its members to cover liability assumed in a contract. Prior to
any entry on WEA's property, the City will provide to WEA an evidence of coverage letter
confirming City's coverage and limits with WCIA.
Page 16 of 16
41302