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Home My WebLink About2000 - Declaration of Reciprocal Utilities Easement Agreement - MBK Northwest - 20000131000610RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: VOSS, COOK & THEL LLP 840 Newport Center Drive, Suite 700 Newport Beach, California 92660 -6310 Attn: Albert J. Thel, Jr. VOSS COOK 20000131000610 01/31//2000F10:27 KING COUNTY, WA (Space Above This Line For Recorder's Use Only) Title of Document: Declaration of Reciprocal Utilities Easement Agreement (Parkway SuperCenter, Tukwila, Washington) Grantor: MBK Northwest, a Washington limited partnership Legal Description: Section 26 Township 23 Range 4 SE Quarter SW Quarter Section 26 Township 23 Range 4 SW Quarter SE Quarter Section 35 Township 23 Range 4 NE Quarter NW Quarter Section 35 Township 23 Range 4 NW Quarter NE Quarter Tax Account No.: Section 35 Township 23 Range 4 NW Quarter NE Quarter Section 35 Township 23 Range 4 NE Quarter NW Quarter 262304 - 9079 -06 262304- 9110 -07 352304- 9005 -04 352304- 9061 -05 RECEIVED FEB 12000 COMMUNITY DEVELOPMENT DEL. ARATION OF RECIPROCAL UT1...fIES EASEMENT AGREEMENT (Parkway SuperCenter, Tukwila, Washington) This DECLARATION OF UTILITIES EASEMENT AGREEMENT (this Q "Declaration ") is made effective as of , 1999, by MBK NORTHWEST, a 1 z Washington limited partnership ( "Declarant"), with reference to the following facts: ct 2 A. Declarant is the fee owner of that certain real property located in v o: the City of Tukwila, County of King, State of Washington, all as more particularly .ai w` III described in Exhibit "A" attached hereto and incorporated herein by this reference ►_-- (the "Property "). . N w o. 2 B. The current and anticipated development of the Property is g a; depicted on the Preliminary Site Plan attached hereto as Exhibit "B" and cn n incorporated herein by this reference (the "Site Plan "). Parcel 1 as depicted on the w Site Plan includes an existing multi- tenant retail development and related parking. ? Parcel 2 as depicted on the Site Plan includes an area subject to a ground lease z 0 0. between Declarant, as ground lessor, and Eastgate Theatre, Inc., an Oregon w �. corporation, as ground lessee to be used as a theater site and related parking. Parcel 3 v o as depicted on the Site Plan includes an area to be leased as restaurants or retail sites OO - and related parking. 'W w: C. Declarant wishes to establish certain reciprocal non - exclusive u. ~o', easements for the purposes of providing Utility Systems (as that term is defined ui Z below), to each of the three (3) Parcels. c) OF- D. As used herein, the term "Parcel" shall mean any numbered lot Z or parcel shown on a recorded subdivision map or recorded parcel map of all or any portion of the Property. To the extent applicable, the term "Parcel" shall also include easement rights appurtenant to any Parcel to the extent such easements are located adjacent to such Parcel. NOW THEREFORE, Declarant hereby declares as follows: Declarant does hereby establish a nonexclusive easement under, through and across the Property for the purposes of providing water drainage and /or stormwater retention systems or structures, water, gas and sewer mains, water sprinkler system lines, cable, telephone or electrical conduits or systems, and other public utilities and service easements (collectively, the "Utility Systems "); provided that Declarant reserves the exclusive right to install, construct, erect, locate, relocate, repair, maintain and control such Utility Systems on any portion of the Property from time to time owned by Declarant. All such Utility Systems existing as of the date hereof are hereby approved and each owner of any Parcel ( "Owner ") agrees to reasonably approve any such Utility Systems reasonably required for another Parcel provided that any such additional Utility Systems shall be installed and maintained below the ground level or surface of each Parcel in compliance with all applicable Governmental Regulations, and in such a manner so as not to interfere with any building from time to time located on, �r surface use of, the Property. The exercise of the above rights and easements shall not unreasonably interfere with the occupancy of any Owner or such Owner's tenant(s) within the Property. Declarant shall not be responsible for any reasonable interruption of utility service or damage or inconvenience arising from such work relating to the exercise of such rights and easements; provided that Declarant shall exercise Declarant's reasonable efforts during the performance of such work to not unreasonably interfere with the business operation of any Owner or such Owner's tenant(s). In making use of the easement, each Owner (the "Owner ") shall indemnify Declarant and each other Owner against any and all loss and liability which may result from any negligent act or omission of the Owner in the exercise of its rights hereunder and hold Declarant and each other Owner harmless against claims including costs and attorneys' fees arising from the Owners' use of such area. The easements set forth herein shall run with the land and shall be binding upon, and inure to the benefit of, the successors and assigns of Declarant. IN WITNESS WHEREOF, this Declaration has been executed on the date first written above. "Declarant" MBK NORTHWEST, a Washington limited partnership By: MBK WASHINGTON, INC., a Washington corporation, General Partner -2- By: Mason L. Frank, President ACKNOWLEDGMENT STATE OF I)R64M/ ) )ss. COUNTY OF CCIgceAre s ) On l rwi R 19 , 1999, before me, the undersigned, a notary public, personally appeared 14ASM L• FRAnK , 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. [Notarial Seal] OFFICIAL SEAL HEATHER CHRISTENSEN NOTARY N U OREGON COMMISSION NO. 322175 MY COMMISSION EXPIRES MARCH 31, 2003 MBK /MBK Northwest /Parkway Plaza /Docs /DecL of Reap. Access {omb.003 Notary Public Name (typed or printed) z • tY W . —J U; •.UO • ':rn w; • AU I, —I N t W O' • u_ al. zH. • zF W: • • • I=„ U` • w z` • •U_to: EXHIBIT "A" LEGAL DESCRIPTION LOT A of TUKWILA SHORT PLAT No. L 99 -0053 PORTION of TAX LOT No. 352304 -9061 All that certain real property situate in the City of Tukwila, King County, State of Washington, being a portion of that certain property described in Deed recorded under King County Recording No. 9807311609, in the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 35, Township 23 North, Range 4 East, Willamette Meridian, described as follows: Commencing at the North /4 corner of said Section 35; Thence, along the North -South centerline of Section 35, South 02 °24'12" West 894.47 feet, to the TRUE POINT OF BEGINNING of the herein described parcel of land; THENCE, parallel with and 430.00 feet North from the South line of the Northeast Quarter of the Northwest Quarter of Section 35, North 87 °50'57" West 177.68 feet; THENCE, along the Easterly Right -of -Way line of Southcenter Parkway, parallel with and 36.00 feet Easterly from the centerline of Southcenter Parkway; South 01 °59'40" East 322.76 feet; THENCE, Southeasterly 141.95 feet, along the arc of a 107.24 -foot radius curve, concave Northeasterly, through a central angle of 75 °50'30 "; THENCE, along the Northerly Right -of -Way line of South 180`h Street, parallel with and 36.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, South 87 °50'09" East 119.83 feet; THENCE, leaving said Northerly Right -of -Way line, North 02 °24'12" East 394.00 feet; THENCE, parallel with and 430.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, North 87 °50'09" West 126.72 feet, to the True Point of Beginning. The above - described parcel of land contains approximately 2.265 Acres, more or less ` 5 p/` Y •) %1. rJ" I, 1ST l� EXPIRES 8/301oo P: \sdskproj \6315 \doc \63151 gI a.doc Mike Hotes Page 1 09/09/99 End of Description Prepared by: Barghausen Consulting Engineers, Inc. CITY OF TUKWILA SEP 2 1 1999 PERMIT CENTER Z re W m. UOX N 0 W =, J w o. • w =; _CO w :H 0; z F-: O —I 0 H. .w W'. V Z` Il. • O ~: Z EXHIBIT "A" (Continued) LEGAL DESCRIPTION LOT A of TUKWILA SHORT PLAT No. L 99 -0053 PORTION of TAX LOT No. 352304 -9061 All that certain real property situate in the City of Tukwila, King County, State of Washington, being a portion of that certain property described in Deed recorded under King County Recording No. 9807311609, in the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 35, Township 23 North, Range 4 East, Willamette Meridian, described as follows: Commencing at the North Quarter corner of said Section 35; Thence, along the North -South centerline of Section 35, South 02 °24'12" West 894.47 feet, to the TRUE POINT OF BEGINNING of the herein described parcel of land; THENCE, parallel with and 430.00 feet North from the South line of the Northeast Quarter of the Northwest Quarter of Section 35, North 87 °50'57" West 177.68 feet; THENCE, along the Easterly Right -of -Way line of Southcenter Parkway, parallel with and 36.00 feet Easterly from the centerline of Southcenter Parkway; South 01 °59'40" East 322.76 feet; THENCE, Southeasterly 141.95 feet, along the arc of a 107.24 -foot radius curve, • concave Northeasterly, through a central angle of 75 °50'30 "; THENCE, along the Northerly Right -of -Way line of South 180th Street, parallel with and 36.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, South 87 °50'09" East 119.83 feet; THENCE, leaving said Northerly Right -of -Way line, North 02°24'12" East 394.00 feet; THENCE, parallel with and 430.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, North 87 °50'09" West 126.72 feet, to the True Point of Beginning. The above- described parcel of land contains approximately 2.265 Acres, more or less ti 8130too .. ...,.�.. �,.�,�..,.,.....y.,.,.. -. i P: \sdskproj \6315\doc163151gta.doc Mike Hotes Page 1 12/13/99 End of Description Prepared by: Barghausen Consulting Engineers, Inc. W' •r • •u6 •D: UO W 1-11—• u) LL i W O; u_ =3 1-111.1, _. Z 1— O Z • :U a. • = W Ha u_ f- -O Z U ~' Z • EXHIBIT "A" (Continued) LEGAL DESCRIPTION LOT B of TUKWILA SHORT PLAT No. L 99 -0053 PORTION of TAX LOT No. 352304 -9061 All that certain real property situate in the City of Tukwila, King County, State of Washington, being a portion of that certain property described in Deed recorded under King County Recording No. 9807311609, in the Northwest Quarter of the Northeast Quarter of Section 35, Township 23 North, Range 4 East, Willamette Meridian, described as follows: Commencing at the North Quarter corner of said Section 35; Thence, along the North -South centerline of Section 35, South 02 °24' 12" West 894.47 feet; Thence, parallel with and 430.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, South 87 °50'09" East 126.72 feet, to the TRUE POINT OF BEGINNING of the herein described parcel of land; THENCE, South 02°24'12" West 394.00 feet, to the Southwest corner of the herein described parcel of land; THENCE, along the North Right -of -Way line of South 180''' Street, parallel with and 36.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, South 87 °50'09" East 457.24 feet, to the Southeast corner of the herein described parcel of land; THENCE, parallel with and 740.70 feet West from the East line of the Northwest Quarter of the Northeast Quarter of Section 35, North 01 °51'40" East 553.89 feet; THENCE, along the South line of that certain Easement described in King County Recording No. 980210837, North 87 °55'02" West 220.00 feet; THENCE, along the West line of said Easement, North 01 °51'39" East 50.00 feet; THENCE, North 87 °55'02" West 218.08 feet; THENCE, parallel with and 140.16 feet East from the West line of the Northwest Quarter of the Northeast Quarter of Section 35, South 02°24'12" West 209.26 feet; THENCE, parallel with and 430.00 feet North from the South line of the Northwest Quarter of the Northeast Quarter of Section 35, North 87 °50'09" West 13.44 feet, to the True Point of Beginning. The above - described parcel of land contains approximately 5.979 Acres, more or less End of Description \ \ATLANTIS\ PROJECTS \sdskproj \6315 \doc \6315Iglb.doc Mike Holes Page 1 12/13/99 ...,ii.�u........ Prepared by: Barghausen Consulting Engineers, Inc. Z w 6 z JU UO; coo lAuJ W =. W H . O— UJ = Vi lii U N, Z PARKWAY SUP�RCI NTJ R • U it O' 1d;u t g- 11 11 S. •:n••t .a ETH N PJ I FN • u1:Nr1r:1� STAND E ASSOCIATES AP.CIIIT!CTS. PC. $000 i,1. N*AOOM7. SUIT! 1)0 I.AK! 01,1E00. OE /1011 (1011 000711 PAX 701/00 0711 a IAA uswuULw M3K MTK NORTHWEST 7690 S.W. MOHAWK STREET TUALITAN.. OREGON 97062 S03 I 671-9500 .:9M z z re W; JU U0 �Wr W CO LI- ! W 0: a w: 1: z� Z 0 w it U� '0 a 0 F-: W W LL — O; w z. UN } ms's z