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HomeMy WebLinkAbout1996 - Reciprocal Easement Agreement for Ingress, Egress and Parking - Boeing William / First Interstate Bank - 9607020313199607020313 A. Boeing is the record owner of that certain real property described on Exhibit "A" hereto (the "Boeing Property "). . B. Tri -Land is the record and beneficial owner of that certain real property described on Exhibit "B" hereto (the "Tri -Land Property "). The Boeing Property and the Tri -Land , Property are hereinafter collectively referred to as the "Properties ". C. Boeing and Tri -Land are entering into this Agreement to create certain reciprocal easements to burden their Properties in favor of the other for ingress, egress and parking in and to the driveways, sidewalks, parking lots and common areas of the Properties (hereinafter, the "Easement Area "). , D. The purpose of this Agreement is to satisfy the parking requirements of the City of Tukwila, Washington (the "City "), in connection with the construction of certain improvements on the Tri -Land Property by providing sixty -two (62) parking spaces on the Boeing Property to meet parking requirements for businesses located on the Tri -Land Property. EXCISE TAX NOT REQUIRED 1 np . R�+ -tr" vision PPM*. . hereby in any manner consistent with the purposes of such reciprocal easements; provided that (i) such improvements shall comply with all applicable laws, (ii) no such improvements shall unreasonably obstruct any portion of an Easement Area or unreasonably impair the continuous and uninterrupted use of any Easement Area for the purposes set forth in this Agreement, and (iii) there shall be no change to the number or configuration of the parking spaces or vehicular circulation areas of the Easement Area without the prior approval of the City. 5. Maintenance of Easement Areas. 5.1 Maintenance and Repairs. During the term of this Agreement, the parking spaces on both Properties shall be maintained, accessible and available for parking, and all 2 maintenance and repairs, whether ordinary or extraordinary, capital or expense in nature, major or minor, of any particular Easement Area and all improvements constructed thereon shall be performed by the owner of the property on which such maintenance and repair work is required, at such owner's sole cost and expense. All such work shall be performed in such manner and at such intervals by the owners of the Easement Area as shall be required to at all times maintain such Easement Area in a reasonable condition consistent with the standards of similar commercial developments located within the immediate market area. 5.2 Unified Operation. Boeing and Tri -Land shall each perform their maintenance and repair obligations under the foregoing Paragraph 5.1, insofar as it is possible, in such manner as to establish, maintain and present, both in appearance and in fact, a coordinated and unified operation of the Easement Area and, further, not in such manner as will (i) increase or make more burdensome the respective costs and expenses or obligations of the other said owner in performing their maintenance and repair obligations pursuant to such Paragraph, or (ii) impair the efficient and orderly management and operation of the property covered by such Easement Area and the improvements thereon. 6. Taxes and Insurance. Boeing and Tri -Land each shall V, pay the property taxes and assessments applicable to their CD respective portions of the Easement Area. Boeing and Tri -Land 04 shall obtain and at all times maintain an insurance policy or CD policies insuring Boeing and Tri -Land against liability for L� injury or death of persons or damage to property arising out of CD the use, operation and maintenance of the Easement Area on their respective Properties, such insurance to be in a sum of not less than One Million Dollars and 00/100 ($1,000,000.00) combined single limit with respect to injuries to or death of persons and with respect to destruction of or damage to property. Upon Boeing's or Tri- Land's request, the other party shall submit written evidence that such insurance policy or policies are in effect. 7. Right to Cure. If either Boeing or Tri -Land shall fail or refuse to perform any of their respective obligations or duties as set forth in this Agreement, and if such failure or refusal shall continue for Thirty (30) Days after Boeing or Tri -Land, as the case may be, receives written notice thereof from the other party hereto (unless, within such Thirty (30) Day period, Boeing or Tr,i -Land, as the case may be, has commenced and is diligently pursuing the performance of the obligation or duty • specified in such notice), then the party giving such written notice shall have the right, but not the obligation, to perform or pay the obligation or duty that the other party hereto has failed or refused to perform or pay, and, in connection therewith, each party hereto grants to the other, and their 3 :. respective agents, employees and independent contractors, full right on, to and from their respective easement areas for the purposes of performing such obligations or duties. All costs and expenses incurred by Boeing or Tri -Land, as the case may be, in connection with the performance of such other party's obligation or duty, plus Ten Percent (10 %) of the total thereof for overhead and supervision, shall be repaid by such other party within Ten (10) Days after demand, together with interest thereon at the rate of Ten Percent (10 %) per annum from the date of demand until repaid. 8. Reasonable Care. Boeing and Tri -Land shall each exercise reasonable care in the use and enjoyment of the Easement Area and in exercising any of its respective rights under this Agreement. Boeing and Tri -Land shall not utilize portions of the other's property other than the Easement Area without obtaining the prior written approval of the other, which approval may be withheld in the sole discretion of such other owner. 9. Tenants. Boeing and Tri -Land acknowledge and agree that each of them may have a tenant or tenants at their respective Properties (the "Tenants ") and that the Tenants may in turn be responsible under their leases for the performance and C"7 payment of certain of the obligations of Boeing and Tri -Land hereunder including, without limitation, under Paragraphs 4, 5, 6, 7 and 8 above. Boeing and Tri -Land each shall, to the extent Q the obligations of the other under this Agreement are satisfied, C accept such performance and payment by the Tenants. % 10. Term. The term of this Agreement and the covenants, easements, rights and conditions herein contained shall remain in QD CI force until amended or revoked in accordance with the requirements of this Paragraph 10. Boeing or Tri -Land may amend or revoke this Agreement and the covenants, easements, rights and conditions contained herein by recording in the Office of the County Recorder of King County, Washington, an instrument in writing reciting such amendment or revocation, bearing the acknowledged signatures of the parties hereto, or their successors and assigns; provided, however, that neither Boeing nor Tri -Land may revoke this Agreement or the covenants, easements, rights and conditions contained herein unless (i) the leases (and any extensions or amendments thereto) between the parties hereto and Dania, Inc., a Washington corporation, that currently encumber the Properties have each expired and /or otherwise been terminated and (ii) the City authorizes such revocation, which authorization shall be based upon changes in use at the Properties which result in this Agreement and the easements granted hereunder no longer being needed to meet the parking standards of the City. 11. Subsequent Conveyances. Deeds, leases or other conveyances of either of the Properties, or any part or parts 4 • *Sx:: "Y." 'il �f il,�i. ;•<"�.•h"^+.! .: {'. • thereof, may contain the covenants, easements, rights and conditions herein set forth by reference to this Agreement; but, regardless of whether any such reference is made in any instrument of conveyance, each and all of the covenants, easements, rights and conditions herein set forth shall be binding upon the respective owners, grantees, lessees, and their heirs, executors, administrators, successors and assigns. 12. Severability. Invalidation of any one of the covenants, easements, rights or conditions, or any part or parts thereof, shall not affect any of the other covenants, easements, rights or conditions, or any part or parts thereof, which shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of June, 1996. BOEI G: 1 TRI -LAND: / TRI-LAND CORPORATION, a WILLIAM E. JR ' Washington corporatio co- trustee of the Boeing C Oregon Mesabi Tr st By: 9eA.L. Name: 2M-Ck- �: �.t N k CD CD FIRST INTERSTATE BANK. OF n c WASHINGTON, NA, co- trustee of Its: 1'f t b�� r- the Boeing Oregon Mesabi G Trust tD C c� PK -e.l CI By Name- 7 W fe-IMPA t; p.' 771i 4- Its: Olice. 1 aed r l R • S STATE OF WASHINGTON ss. COUNTY OF KING On f e , before me, 015 06v% C©O 4 J , a Notary Public, personally appeared t,th t t((0(4. v Sa ect� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. *44 0 0 1%"1 ill i E �'� (Seal) � e � g` - Signatu a *► '�, a itiI WAIM N CA STATE OF WASHINGTON ss. COUNTY OF KING On �c t Lt (`(?," before me, GO �AO 1�-t �f a Notary Public, personally appeared Sa (4. C-U YiJov- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �' 0 0 ® t � � I, C9N4 (4) cJImA/ (Seal) . s 0101 ■ Signature ' � i ' o►/' , ,s? 0 6 11 ? I WAS • STATE OF WASHINGTON ss. COUNTY OF KING On gs Jake ket l (o , before me, )ot-c COdwt..LS a Notary Public, personally appeared 'J c4; LLA (( personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. P'1 &MA. W ( (Seal) : ,011.4A r �� • , � i Signature • ` • 41 •2t.06 ; WP Cat STATE OF WASHINGTON ss. COUNTY OF KING On , before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) Signature 7 • • • • • • • • • • • • • • . ° > ,, • • • EXHIBIT "A" Legal Description of Boeing's Property • • • • C7 O CD fd C: Ch • • • • . • • • • • • • • • • • EXHIBIT A The West 250 feet measured at right angles to the West line of the following described property: That portion of the Northwest quarter of the Northeast quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: Beginning at the Northeast corner of the Northwest quarter of the Northeast quarter of said Section 35; thence South 01 ° 51'39" West along the East line of said North- west quarter of the Northeast quarter a distance of 1003.74 feet; thence North 87 ° 55'02" West a distance of 30.00 feet to the Cad West margin of Andover Park West and the true point of beginning; CD thence continuing North 87 ° 55'02" West a distance of 270.00 r feet; Q thence North 01 ° 51'39" East a distance of 272.50 feet; LID thence North 87 ° 55'02" West a distance of,440.70 feet; CD thence South 01 ° 51'39" West a distance of 553.89 feet to a line 36 feet North of the centerline of South 180th Street; thence South 87 ° 50'09" East along said line a distance of 685.17 feet; thence along a curve to the left, the center of which bears West 27 ° 26'23" West having a raduis of 50.00 feet, an arc dis- tance of 52.97 feet through a central angle of 60 ° 41'58" to the West margin of Andover Park West; thence North 01 ° 51'39" East along said West margin a distance of 238.66 feet to the true point of beginning. Situated in the City of Tukwila, County of King, State of Washington. ,.; EXHIBIT "B° Legal Description of Tri- Land's Property C'7 erf M { { of 50.00 feet; thence South 87 °55'02" East a distance of 930.70 feet to the West margin of Andover Park West; thence North 01 °51'39" East along said West margin a distance of 50.00 feet to the Southeast corner of said tract of land conveyed by Record- ing No. 711110 -0109; thence North 87 °55'02" West along the South line of said tract of land a distance of 270.00 feet to the point of beginning; . EXCEPT the West 250 feet thereof measured at right angles to the • West line thereof; Situate in the City of Tukwila, County of King, State of Washington. ...•,:,� ..' � • �. EXHIBIT "C" Site Plan and Easement Area • C Q 0 0) • • • • • • • • • • C. c I is li I MI H — 1 II — I If _ R in r i 4. i u ----. we ^ ii I II - D a II Z II II �l - r�IIIII�g� imill11111�1111�1i1t ma ow I ., iiitilil LU1 C Ci no Immum , 1 - - liUf .Milli : . JIl IIIil�IIIn lIiiull I i ., la i � ¢ I u "6 ii f I . Q I cop 1, Ct , O I ' I I 1 1 1 . Q CD i I I w • 0 44 441 I �1111111111 Lam_ _._ _ _ _ ANDOVER PARK WLST -- _______— ..- _.__-- - -_ . I 1 IA. 1 Il mil DANIA SOUTHCENTER T ^ � 4 III 125 ANDOVER PARK WEST = W --I 3 ill n TUKWILA, WASHINGTON Y .-�� . 1i 0 bNi,A �L 1. 1 7 ... SI TE PLAN = � NMI 1011•1 NM • I x..• --------------- _:.:_�. - - -- 1 SO. R1 ( ' KM a .w..• Ilia IC:11 I HMI HMI IIIIS i - gES . ' . r « Ea d • pl i .A 1 rim m am' . 5 I - t • • Ialt a 1 !1m : ©■ I 11M - • Z 11•11 11 JIM 0.1011118 — i I .. a ial1 RI �,.• IiY� II Nil I 1 , . I MI ik iiiIMIMMIII r ..... _ 4i aillalliettit ._amwar: . ; 11 . 11 4*1 0 §? .:': f iik -.I 0 ..ii q a re 11•11111. MI VIII PI NM 1 . p It :1r1 -------- --1:3 : ., o , 1 i a 1 �;i 1,® .1 t: • Et. io „ 2 1 ii 10488 li hmillIllcilfilltitti 111=! _ i t , di lin " � T ! mi 1 1 11 l • 9 . III ..11111% r.� e ---.-- - - -- ANDOVER PARK WEST ■ I +1. *s• I a • o; O fl II II 11 i 1 1 �! i1 f4 9Ij n i DANIA Sc7UTHCENTER -x t�-s D i! t201 ANDOVER PARK %EST �� a 1 7 1 [ WILA, WASH INOTON u > . •:1 , 1110 _ _-. .. _.. E. qi y SITE PLAN - == —rte 'i ........, P ',CV _3AL 1 -. , , LOCATION: 1251 ANDOVER PARK W TUKWILA WA. 98188 PROPOSED ZONE: CM - INDUSTRIAL PARK PROPOSED USE: . M / FURNI - URE RETAIL SITE AREA: 7.35 ACRES EXISTING DATA TENANT 'B' BUILDING AREA: BUILDING AREA: TENANT 'B' CI FURNITURE 57,922 SF FURNITURE 1/4 6,500 SF CI WAREHOUSE 81,763 SF WAREHOUSE 3/4 20,932 SF TOTAL . . . 139,685 SF TOTAL 27,432 SF SITE COVERAGE: 43% 0 ; PARKING REQUIRED: DANIA: TENANT 'B' PARKING REQUIRED: 01 FIlRNITJRE (1 STALL /400 SF 145 .21 - FURNITURE (1 STALL /400 SF ? 17 WAREHOUSE (1 STALL /1000 SF) 82 . . 17. : _ WAREHOUSE (1 STALL /1000 SF) 21 t TOTAL • 227 : . TOTAL 38 PARKING PROVIDED: PARKING PROVIDED: COMPACT STALLS (8'x16' DEEP) 60 0 FULL SIZE STALLS (9 DEEP) 160 38 FULL SIZE STALLS (9 DEEP) 38 BARRIER FREE (INCL.1 VAN ACCES.) 7 0 TOTAL: 227 3a TOTAL 38 NOTE: MAX 30% COMPACT STALLS ALLOWED (68) I • , CONSTRUCTION TYPE i'I N FULLY SPRINKLED .