HomeMy WebLinkAbout2007 - Traffic Signal Loop Easement - Macy's Department Stores - 20070619000341 After recording, return to:
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188 20070619000341
(206) 433 -1800 CITY OF TUKWIL EAS 39.00
PAGE001 OF 008
KING9COUNT 0
Y. WA
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOCUMENT TITLE(S) (or transactions contained therein):
TRAFFIC SIGNAL LOOP EASEMENT
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
n/a
Additional reference #s on page of document(s)
GRANTOR(S) (Last name first, then first name and initials)
MACY'S DEPARTMENT STORES, INC., an Ohio corporation
Additional names on page of document
GRANTEE(S) (Last name first, then first name and initials)
CITY OF TUKWILA, WASHINGTON, a Washington Non Charter Optional Municipal
Code City
Additional names on page of document
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range)
Ptn. Sec. 23 and Sec. 26, Twp. 23N, Rge. 4E
Additional legal is on page of document
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER
3597000245
Assessor Tax not yet assi
EXCISE TAX NOT REQUIRED
Kirw Co. Records
By Uty
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TRAFFIC SIGNAL LOOP EASEMENT
THIS TRAFFIC SIGNAL LOOP EASEMENT (this "Easement is entered into as of
May 14, 2007, by and between MACY'S DEPARTMENT STORES, INC., an Ohio
corporation "Grantor and THE CITY OF TUKWILA, WASHINGTON, a Washington Non
Charter Optional Municipal Code City "Grantee
RECITALS
A. Grantor is the owner of that certain real property legally described on
Exhibit B -1 attached hereto and incorporated herein by this reference, which property is a
part of Southcenter Mall located in the City of Tukwila, King County, Washington.
B. Grantor agrees to grant Grantee an easement for maintenance of the traffic
signal loop located within such property on the following terms and conditions.
AGREEMENT
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties, the parties agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-
exclusive perpetual easement under and across those portions of the Property legally
described and depicted on Exhibit B -1 throuah B -2 attached hereto and incorporated
herein by this reference (collectively, "Easement Area for the purpose of installation,
maintenance, operation, repair, replacement and removal of the traffic signal loops located
within the Easement Area "Traffic Signal Loops together with the right of ingress and
egress to and from the Easement Area over Grantor's immediately adjacent property for
such purposes. As used herein, the term "Traffic Signal Loops" refer to conductors that run
through the pavement and connect to junction boxes for the traffic signals.
2. Maintenance of Traffic Sianal Loops. Grantee shall be responsible, at
Grantee's sole cost and expense, for installation, maintenance, operation, repair,
replacement and removal of the Traffic Signal Loops. Except in the case of an emergency,
Grantee shall provide Grantor with 24 -hour prior written notice of any construction,
maintenance, repair, and /or replacement activities within the Easement Area at the notice
address provided below. All work by Grantee shall be performed in a careful, workmanlike
manner, free of claims or liens, and in compliance with all applicable laws. All such work
shall be performed in such manner and at such times as to minimize interference with the
use of the Easement Area by Grantor or access to Grantor's adjoining property, and no work
within the Easement Area shall be performed between the dates of November 1 of any year
and January 5 of the immediately following year, except in cases of emergency.
3. Restoration of the Easement Area. Immediately following completion of any
maintenance, operation, repair, replacement or removal work within the Easement Area,
Grantee, at its sole cost and expense, shall repair and restore the Easement Area to the
same condition as existed prior to commencement of such work.
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4. Use of Easement Area by Grantor. Grantor may use the Easement Area for
any purposes not inconsistent with the rights granted by this Easement.
5. Indemnification. Grantee shall indemnify, defend and hold harmless Grantor,
its officers, agents and employees, from and against any claims, actions, damages, costs or
fees, including attorney fees, incurred in connection with or arising from Grantee's (or its
agents' or employees') exercise of its easement rights granted in this Easement.
6. Bindina Effect. This Easement shall be binding upon and inure to the benefit
of the parties and their successors, heirs, assigns, and personal representatives and all
persons claiming by, through or under the parties hereto. The easement created by this
Easement shall run with the land.
7. Breach. In the event of any breach or threatened breach of this Easement by
Grantor or Grantee, the non defaulting party shall have the right to sue for damages and /or
for specific performance and /or to enjoin such breach or threatened breach.
8. No Termination Upon Breach. 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 a party may have
hereunder by reason of any breach of this Easement.
9. Term. The easement granted herein shall be perpetual; provided; however,
that such easement will cease and terminate if the Traffic Signal Loops are abandoned or
cease to be used by Grantee for a period of six months. Upon request, Grantee agrees to
execute and deliver to Grantor such document as Grantor may request to evidence the
termination of such easement, and to remove the Traffic Control Loops and restore the
Easement Area to the same condition as existed prior to commencement of such removal
work.
10. Applicable Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit
arising out of or related to this instrument shall be exclusively within the state or federal
courts of King County, Washington.
11. Entire Agreement. This Easement contains the entire agreement between the
parties with respect to this matter. It may not be modified except in a writing signed by both
parties.
12. Waiver. Any waiver by a party of a breach of any provision of this Easement
by the other party shall not operate or be construed as a waiver of any subsequent breach by
that party. No waiver shall be valid unless in writing and signed by the party against whom
enforcement of the waiver is sought.
13. Severabilitv. If for any reason any portion of this Easement or any agreement
contained herein shall be held to be invalid or unenforceable, the holding of invalidity or
unenforceability of that portion shall not affect any other portion of this Easement or
agreement and the remaining portions of the Easement shall remain in full force and effect.
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14. Counterparts. This Easement may be executed in any number of
counterparts, each of which shall be considered an original, but all of which shall constitute
one and the same instrument.
15. Notice. All notices required hereunder shall be in writing and may be given by
hand delivery, overnight mail or delivery service to the parties at the following addresses:
Grantor:
Macy's Department Stores, Inc.
Third Avenue Pine Street
Seattle, Washington, 98181
Attn: Chairman
with a copy to:
Macy's Department Stores, Inc.
7 West Seventh Street
Cincinnati, Ohio 45202
Attn: Real Estate Department
Grantee:
The City of Tukwila, Washington
6300 Southcenter Blvd.
Tukwila, WA 98188
Attn: Mayor
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties duly execute this Easement as of the
date(s) written below.
GRANTOR:
MACY' DEPARTMENT S 7DRES, INC., an Ohio corporation
B.
ary J. Nay
Its: Vice Presiden
Date: 2007
GRANTEE:
CITY OF TUKWILA, WASHINGTON
By W4 n
Steve Mullet, Mayor
Date: c
Attest/Authenticated: Approved As To Form:
JanyCantu, City Olerk City Attorney
UASouthcenter 'traffic Loop Signal Easement (RCF)(Clean).doc
5
STATE OF OHIO
)SS.
COUNTY OF HAMILTON
I certify that I know or have satisfactory evidence that Gary J. Nay is the person who
appeared before me, and said person acknowledged that,slhe signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it in his
capacity as Vice President of Macy's Department Stores, Inc., an Ohio corporation, which
is the company that executed the within and foregoing instrument, to be the free and
voluntary act of such party for the u ggppgg iT9T aa nd purposes mentioned in the instrument.
tf0�s��
GIVEN under my ha?gj� is JXJ."ay of 2007.
PUBLIC in and for the
tbOhio, residing
t;.r' ;....a.' ask® 271iL�/v1 G��r�(�i7
'T °Qe�o°Ie91gj� mission expir
I' C ELIZABETH J. HAASS
E C &Deeo
AA ype or Print Notary Name] Notary Public, State of Ohio
My Commission Expires Mar. 26, 2012
STATE OF WASHINGTON
SS.
COUNTY OF
d
On this day of 2007, before me, the undersigned, a Notary
Public in and for the State 6f Washington, duly commissioned and sworn, personally
appeared Steve Mullet, to me known to be the person who signed as Mayor of the City of
Tukwila, Washington, the municipal corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said municipal corporation for the uses and purposes therein mentioned, and on oath stated
that he was duly elected, qualified and acting as said office of the municipal corporation, that
he was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written.
OTARY PUBLIC in and for the
ti\c, St tte Washington, esiding
at
My commission expires:
i -A
p''q, [Type or Print Notary Name]
#I SHING
LIASouthcenter Traffic Loop Signal Easement (RCF)(Clean).doc
6
EXHIBIT B -1
Legal Description of Traffic Signal Loop Easement
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
23, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SAID SECTION 26; THENCE NORTH 00 °12'09" WEST, ALONG
THE NORTHERLY PRODUCTION OF THE EAST LINE OF SAID SUBDIVISION, 406.49 FEET;
THENCE SOUTH 89 °47'51" WEST A DISTANCE OF 30 FEET TO THE WEST MARGIN OF
ANDOVER PARK WEST; THENCE NORTH 00 0 12'09" WEST, ALONG SAID WEST LINE, A
DISTANCE OF 217.59 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS
OF 50.00; THENCE ALONG SAID CURVE A DISTANCE OF 79.53 FEET WITH AN INTERIOR
ANGLE OF 91 TO A POINT ON THE SOUTH LINE OF TUKWILA PARKWAY; THENCE
SOUTH 88 0 40'00" WEST ALONG SAID LINE A DISTANCE OF 467.02 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1472.39 FEET; THENCE ALONG SAID
CURVE A DISTANCE OF 38.44 FEET TO A POINT "A", AND THE TRUE POINT OF BEGINNING
FOR TRAFFIC SIGNAL LOOP EASEMENT 'A';
TRAFFIC SIGNAL LOOP EASEMENT `A' DESCRIBED AS FOLLOWS:
A TRAFFIC SIGNAL LOOP EASEMENT OF 53.00 FEET WIDE LAYING 26.50 FEET ON EACH SIDE
OF THE FOLLOWING CENTERLINE;
BEGINNING AT THE AFOREDESCRIBED POINT "A
THENCE SOUTH 00 °05'21" EAST A DISTANCE OF 119.81 FEET THE END OF SAID CENTERLINE.
CONTAINING 6,350 SQUARE FEET, MORE OR LESS.
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PARCEL #3597000245
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1144 Eastlake AM E T (206) 522 -9510
SUM 601 F (206) 522.8344 SCALE: V 80' 02 -13 -07
Seattle, WA 98109 mm.Putun.mn