HomeMy WebLinkAbout1994 - Easement Agreement - Best Products / Circuit City Stores / Fidelity Associates - 9412291488
9412291488
RECORDED AT THE REQUEST OF,
AND WHEN RECORDED, RETURN TO:
David L. Lingerfelt
Best Products Co., Inc.
P.O. Box 26303
Richmond, VA 23260 -6303
EASEMENT AGREEMENT
ORIGINAL NAL FIL D
• a
DEC 291994
THIS EASEMENT AGREEMENT ( "this Easement ") is dated as of this 4th day of October, 1994
between BEST PRODUCTS CO., INC., a Virginia corporation ( "Best "), CIRCUIT CITY STORES,
INC., a Virginia corporation ( "Circuit City"), and FIDELITY ASSOCIATES, a Washington general
partnership ( "Fidelity").
RECITALS
1. Best is the lessee of certain real property owned by Seattle Fur Exchange, Inc. and
described in Exhibit A, which is incorporated herein by reference (the "Seattle Fur Property"). The
lease, dated February 4, 1994, is for a term of twenty (20) years with an additional thirty (30) years of
option periods.
2. Circuit City is the owner of the real property described in Exhibit P, which is
incorporated herein by reference (the "Circuit City Property").
3. Fidelity is the owner of the real property described in Exhibit C, which is incorporated
herein by reference (the "Fidelity Property").
4. The Seattle Fur Property, the Circuit City Property and the Fidelity Property are adjacent
to one another. The parties desire to set forth terms by which certain easements are created for the
benefit of and burdening their respective properties as more specifically set forth in this Easement. The
Easement Areas are depicted on diagram SK -8, attached.
NOW THEREFORE, in consideration of the mutual covenants of the parties contained herein,
the parties agree as follows:
1. Grant to Best. Circuit City hereby grants and conveys to Best a non - exclusive easement
for ingress and egress across, upon, and over the portion of the Circuit City Property as depicted as Area
D. Fidelity hereby 7r,.nts and conveys to Best a non - exclusive access easement for ingress and egress
across, upon and over the portion of the Fidelity Property as depicted on Area E. Circuit City hereby
grants and conveys to Best a non - exclusive easement for employee parking upon the Circuit City
Property, depicted as Area G, consisting of four (4) compact or standard parking stalls. The easements
granted in this Section are appurtenant to and for the benefit of the Seattle Fur Property only.
941229 -1488 12:50:00 PM KING COUNTY RECORDS 013 JD
2. Grant to Circuit City. Best and Fidelity hereby grant and convey to Circuit City a non-
exclusive access easement for ingress and egress by "semi" type tractor - trailers only across, upon, and
over those portions of the Seattle Fur and Fidelity Properties as depicted in Areas E & F. The easement
granted in this Section is appurtenant to and for the benefit of the Circuit City Property i V E D
M4R 2 0 9995
COMMUNITY
DEVELOPMENT
3. Grant to Fidelity. Best hereby grants and conveys to Fidelity a non - exclusive access
easement for ingress and egress across, upon, and over the portion of the Seattle Fur Property depicted
in Area E. Circuit City hereby grants and conveys to Fidelity access to the southerly 50' of the Circuit
City Property depicted on Area D for the exclusive purpose of truck maneuvering by and for Tenants of
Fidelity. The easement granted in this Section is appurtenant to and for the benefit of the Fidelity
Property only. '
4. Scope of Easements. The easements granted herein are specifically limited to the
properties described above and do not include any other portion of the properties of the respective
grantors.
5. Condition of Title. Subject to the contrary provisions of Section 8, each of the easements
granted by the parties hereunder is subject to such prior liens, encumbrances, and other matters of record
as may exist on the date hereof. This Easement shall be subordinate to any present mortgage upon the
Property of the parties, and upon foreclosure any mortgagee or purchaser at foreclosure shall have the
right to assume and enjoy the rights of the mortgagor. If such mortgagee or purchaser fails, within sixty
(60) days after such request to execute such documents as may be reasonably requested by any other party
to confirm such assumption, its right to use the easement granted hereunder shall be suspended until it
confirms such assumption. Upon the termination or expiration of this Easement, the parties will execute
and deliver to the other such agreements as may be reasonably required to evidence such termination of
record.
6. Permitted Use. The easements created herein may be used by the benefitted parties for
ingress and egress from their respective properties as well as to allow each party to turn vehicles around
to back into their respective loading docks. No party shall do anything that will unnecessarily or
unreasonably impede or obstruct any other party in the exercise of its rights to use the easements granted
herein, or which may cause damage to the property of any other party. No party shall maintain any
public or private nuisance on the property of any other party, or take any other action on the property
of any other party which may interfere with or disturb the quiet enjoyment by any other party of its
property. No party will use the Easement granted to it hereunder in a manner which would unreasonably,
adversely affect access to the property of any other party to this Easement.
7. Maintenance and Repair. Each party shall be responsible for repairing and maintaining
that portion of the easement that rests on its Property, so as to ensure that it is in good condition. In
undertaking such maintenance or repair, the repairing party shall take reasonable care to assure that the
other parties' use of the easement is not adversely affected thereby. The repairing party will give the
other parties at least ten (10) days prior written notice of any repair activities likely to interfere materially
with the use of the repairing party's property by the other parties.
8. Duration. The easements herein granted by Circuit City and Fidelity to each other shall
be perpetual, subject to termination as provided by law. The easements herein granted by and for the
benefit of Best shall terminate upon the termination of Best's lease of the Seattle Fur Property (as the
same may be extended) unless Best shall sooner become the owner of such property, in which case such
easements shall become perpetual, subject to termination as provided by law.
9. Warranties. Each party warrants to the other that: (i) it has sufficient right, title, power,
and authority to enter into this Easement and grant the rights contained herein; (ii) the execution of this
Easement does not violate the terms of any other lease agreement by which the warranting party is bound
and (iii) Best and Fidelity shall make such physical changes to the Seattle Fur and Fidelity Properties,
respectively, (including but not limited to fence removal, change in building configuration, paving,
curbing, curb -cuts and landscaping) as is necessary for the full use of the easement as depicted on
diagram SK -8.
10. Release. Indemnity and Insurance. Each party does hereby release, indemnify, and agree
to defend and hold the other parties harmless from and against any and all liability, loss, damage,
expense, actions, and claims, including reasonable attorneys' fees and costs incurred by the other parties
in the defense thereof, arising directly or indirectly as a result of the acts or omissions of the
indemnifying party, its servants, agents, licensees, invitees, employees, and contractors in connection with
its use of the property of any other party pursuant to this Easement; provided, however, that this
paragraph does not purport to indemnify any party for damages arising out of or resulting from the sole
negligence of the indemnified party, its agents, or employees. Each party shall carry liability insurance
in the minimum amount of $2,000,000, covering the items indemnified against. The amount of coverage
shall be subject to adjustment by the parties every three (3) years to reflect inflation and market
conditions.
11. Waiver. No party to this Agreement shall be barred or prevented from enforcing the
terms of this Agreement by failure to take enforcement action on prior breaches of the Agreement.
12. Successors and Assigns. The easements created herein are intended to run with the land
and to be binding upon, and running to the benefit of, the parties, their heirs, successors, and assigns.
Upon the sale, assignment or other transfer of the interest of any party under this agreement, the
transferring party shall be relieved of any obligations under this agreement thereafter accruing.
13. Recording. This document will be recorded in the records of King County, Washington.
14. Liens. No party shall commit or suffer any act or neglect whereby the property of any
other party shall at any time become subject to any attachment, judgment, lien, charge or encumbrance
whatsoever, and each will indemnify and hold the other(s) harmless against all loss, costs and expenses,
including reasonable attorneys' fees with respect thereto.
15. Improvements. No party shall have the right to make any improvements to the property
of any other party.
16. Legal Action. If any party defaults in any obligation hereunder and the other party is
required to retain an attorney to enforce its rights under this Easement, the nondefaulting party or parties
shall be entitled to reasonable attorneys' fees and costs.
17. Remedies. Each party agrees that, in the event of a breach hereof, the nondefaulting
party will suffer irreparable harm, and shall be entitled to have this Easement specifically enforced by
injunctive relief. Such right and remedy shall be cumulative and shall be in addition to every other right
or remedy available to the parties at law or in equity.
18. Governing Law. This grant of easement shall be governed by the laws of the State of
Washington.
19. Entire Agreement. This is the entire agr
matter hereof and supersedes all prior or contemporaneo
20. Notices. Whenever any notice is to be pr
shall be in writing and shall be deemed to have been giv
or mailed by registered or certified first class mail, retu
other party at the following addresses:
CIRCUIT CITY:
Circuit City Stores, Inc.
9950 Mayland Drive
Richmond, VA 23223
Attn: Vice President of Real Estate
FIDELITY:
Fidelity Associates
4211 Holly Lane
Mercer Island, WA 98404
Attn: Robert L. Wiley
BEST:
Best Products Co., Inc.
1400 Best Plaza
P. 0. Box 26303
Richmond, VA 23260
Attii:Property Administration and Legal
21. Exercise of Rights. The parties may no
Best takes possession of the Seattle Fur Property pursuan
at the northeast corner of the Seattle Fur Property and
of the building on the Seattle Fur Property, including ch
a configuration substantially similar to that shown on di
the contemplated easement is still feasible and the p
contemplated herein; provided Circuit City and Fideli
Property during said initial construction on the Seattl
unreasonably or materially ;nterfere with Best's construc
do not occur within one year from its date. The parties a
confirming the occurrence of such events within the on
22. Suspension of Prior Easement. Best and
of this Easement in lieu of the terms of that certain eas
(predecessor to Circuit City) dated April 20, 1994,
9404221926. However, in the event this Easement is fo
Best and Circuit City will again abide by the terms of s
ment of the parties with respect to the subject
s agreements with respect thereto.
vided under this grant of easement, such notice
n when delivered personally or by messenger
receipt requested, with postage prepaid, to the
epartments
exercise their rights under this Easement until
to its lease with Seattle Fur, removes the fence
mpletes its initial construction on the exterior
ging the configuration of the building, to reflect
gram SK -8 or another configuration so long as
ies derive a substantially similar benefit as
may use the easement over the Seattle Fur
Fur Property so long as such use will not
ion. This Easement shall be void if such events
ree to execute an instrument in recordable form
year period.
Circuit City hereby agree to abide by the terms
ment between Best and McConkey Enterprises
recorded under King County Recording No.
any reason terminated or ceases to be effective,
id prior easement.
IN WITNESS WHEREOF, the parties have executed this Easement on the date first mentioned
above.
g: I dll Meares I mcconkey. 2
BEST PRODUCTS CO., INC.
By: (-,.t n,
Its: Virn Prracirlc+nt - C+nnarrl Cei+nsgl dnd Secretary
CIRCUIT CITY STORES, INC.
By:
Its:
STATE OF VIRGINIA )
)ss
COUNTY OF HENRICO )
T
On this 11_ day of 0_,TC jL , 1994, personally appeared before me W. Edward Clingman, Jr. to me
known to be the Vice President - General Counsel and Secretary of Best Products Co., Inc., the
corporation that executed the within and foregoing instrument and acknowledged said instrument to be
the free and voluntary act and deed of said corporation for the u$es and purposes therein mentioned, and
on oath stated that they were authorized to execute said instrument and that the seal affixed is the
corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first
above written.
(Seal or Stamp)
t)iu.,Atut- In .
(Notary Public)
SS.n M . 14Cers
(Name legibly printed or stamped)
Notary Public in and for the State of Virginia,
residing in H .f)Ve( .
My appointment expires:
3),1qq .
STATE OF Ok 101'0
COUNTY OFK- 0-00 )
)ss
On th'� day�of -{N + , 1994, personally appeared before me CUMi'S1t(ll it to me known
to be the C�.9-- Y Ce5 c of Circuit City Stores, Inc. the corporation that executed
the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act
and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument and that the seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first
above written.
(Seal or Stamp)
LJ ,L011`.641L.■
Public)
(Name 1>rgibly printed or stamped) 1
. Notary Pu 'c in and for th State of UK ,
residing in \ Ct'\bi
STATE OF W A's t )
COUNTY OF 16 iJ C— )
On this 6-OA day of ° Meg , 1994, personally appeared before me agem— L. Wiwi?, to me
known to be the ut ithiti �AP.t`of Fsx -ciril AsSe< the thabexecuted the within
and foregoing instrument and acknowledged said instrument to be the aneruntary act and deed of
said corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized
to execute said instrument and that the seal affixed is the corporate seal of said corporation.
)ss
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first
above written.
•,'%'" 1,1,e` A
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ir 10,000.4 Et.„7,
(Seal 4;ffimo
I•
(Notary Publio)
��ANT -r. 1.100961
(Name legibly printed or stamped)
Notary Public in and for the State of
�f�/Acs ►� N (nT) t , residing. in S 11TLE
My appointment expires: t0 —5 =) f�
EXHIBIT A
Seattle Fur Exchange Property Legal Description
EXHIBIT B
Circuit City Property Legal Description
EXHIBIT C
Fidelity Property Legal Description
DIAGRAM SK -8
Easement Areas D, E, F and G Shaded
SEATTLE FUR EXCHANGE PROPERTY
LEGAL DESCRIPTION
THAT PORTION OF TRACT 7, ANDOVER INDUSTRIAL PARK NO. 2, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 71 OF PLATS, PAGE(S) 68, IN KING COUNTY,
WASHINGTON, LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH THE SOUTH LINE
OF BAKER BOULEVARD AND 459 FEET SOUTHERLY THEREOF WHEN MEASURED
PERPENDICULARLY.
EXHIBIT B
CIRCUIT CITY PROPERTY
LEGAL DESCRIPTION
That portion of Tract 9, Andover Industrial Park Number 2, according
to the plat thereof recorded in Volume 71 of Plats, pages 68 and 69,----
in King County, Washington, described as follows:
Beginning at the northwest corner of said Tract 9;
thence southeasterly, along a curve to the left having a radius of
573.69 feet, the center of which bears .north 86 °37'32" east, an arc
distance of 15.07 feet to the southwest corner of a parcel of land
conveyed to Joslyn Manufacturing and Supply Company, Inc. by deed
recorded under. Recording Number 5580797 and the TRUE POINT OF
BEGINNING;
thence south 88 °25'27" east, along the south line of said parcel,
208.90 feet to the southwest corner of a parcel of land conveyed to
American Home Products Corporation by deed recorded under Recording
Number 5790710;
thence south 88 °25'14" east, along the south line of said parcel,
140.09 feet, more or less, to the southwest corner of a parcel of
land conveyed to State Farm Mutual Automobile Insurance Company,
Inc., by deed recorded under Recording Number 6514046;
thence continuing south 88 °25'27" east 224.93 feet to the southeast
corner of said parcel and'a point on the east line of. said Tract 9;
thence along the perimeter of said Tract 9 as follows:
South 01 °05'08" west 273.00 feet;
thence north 88 °25'27" west 505.43 feet;
thence north 14 °39'30" west 184.47 feet;
thence along a curve to the right having a radius of 573.69 feet, an
arc distance of 97.91 feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH easements for ingress and egress as established by
instruments recorded.under Recording Numbers 9205291516 and
9404221926.
EXHIBIT C
FIDELITY PROPERTY LEGAL DESCRIPTION
TRACT 1 AND 2 OF ANDOVER INDUSTRIAL PARK NO. 3, AS PER PLAN RECORDED IN
VOLUME 78 OF PLATS, PAGES 6 AND 7, RECORDS OF KING COUNTY (ALSO KNOWN AS
TRACTS 1 AND 2 OF BOUNDARY LINE ADJUSTMENT NO. L9 -0026 RECORDED UNDER
RECORDING NO. 94005241000), SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
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• SCALE 1. 70'•0*
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SK-8
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TURNER AND ASSOCIATES
18420 24th PLACE N.E.
SEATTLE. WA. 98155
TELE: (206) 365 7431
ARCHITECTS
FAX: 1206) 365 7504