HomeMy WebLinkAbout2007 - Public Sanitary Sewer Easement - WEA Southcenter LLC - 20070619000337DOCUMENT TITLE(S) (or transactions contained therein):
PUBLIC SANITARY SEWER 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)
WEA SOUTHCENTER LLC, a Delaware limited liability company
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
6364200010, 5379200241
Assessor Tax not yet assigned
After recording, return to:
CITY OF TUKWILA
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
111111111110111111111111
20070619000337
CITY OF TUKWIL EAS 46.00
PAGE001 OF 015
06/19/2007 09:50
KING COUNTY, WA
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
EXCISE TAX NOT REQUIRED
King Co. Records
"puty
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PUBLIC SANITARY SEWER EASEMENT
THIS PUBLIC SANITARY SEWER EASEMENT (this "Easement is entered into as
of �u(/ S 2007, by and between WEA SOUTHCENTER LLC, a Delaware limited
liability c pany "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 A attached hereto and incorporated herein by this reference (the "Property
B. Grantor hereby desires to grant Grantee an easement for operation and
maintenance of manholes and related sewer facilities located on the 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 as Sewer Easement 'A', Sewer Easement 'B' and Sewer Easement
'C' on Exhibit B through Exhibit B attached hereto and incorporated herein by this
reference (collectively, "Easement Area for the purpose of maintenance, operation, repair,
and replacement of the manholes and any related sewer facilities located within the
Easement Area (collectively, "Sewer Facilities together with the right of ingress and
egress to and from the Easement Area over Grantor's Property for such purposes.
2. Maintenance of Sewer Facilities. Grantee shall be responsible for
maintenance of the Sewer Facilities. 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.
3. Restoration of the Easement Area. Immediately following completion of any
maintenance, operation, repair or replacement 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. All work shall be performed in a careful,
workmanlike manner, free of claims or liens.
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
C.' \DOCUMENTS AND SETTINGS AZEITELULOCAI, SETTINGSITEMPORA RV INTEI2dIET EILES∎OLK32'SE W ER FACILITIES EASEMENT B.DOC
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. Binding 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 be appurtenant, shall touch and concern the Property, and 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. Attorneys' Fees. The prevailing party in any action brought to enforce or
interpret the terms of this Easement shall be entitled to recover its costs and reasonable
attorney fees incurred in said action, including on appeal, whether or not suit is commenced.
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.
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.
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15. Notice. All notices required hereunder shall be in writing and may be given by
hand delivery, overnight mail or delivery service or by facsimile transmission to the parties at
the following addresses:
Grantor: WEA Southcenter LLC
c/o Westfield Corporation, Inc.
633 Southcenter
Seattle, WA 98188 -2888
Attn:
Fax No.:
Grantee: C i l of "i tlkiulLA
6206
fritw'lu L/✓�rifsIBfs
Attn:
Fax No.:
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties duly execute this Easement as of the date(s)
written below.
GRANTOR:
WEA SOUTHCENTER LLC, a Delaware limited liability company
GRANTEE:
By: Westfield America Limited Partnership, a Delaware limited partnership,
Its sole member
Date: 9—o7
Attest/Authenticated:
Cantu, City Clerk
By: Westfield U.S. Holdings, C, a Delaware limited liability company,
Its general p
By:
Name:
Its:
Date:
CITY OF TUKWILA, WASHINGTON
By: �M �g
rv1„x
U Steve Mullet, Mayor
Rory A. Packer
Assistant Secretary
Approved As To Form:
City Attorney
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STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged ,that s /he signed this
instrument, on oath stated that (he /she) was authorized to execute the instrument and
acknowledged it in (his /her) capacity as of Westfield U.S.
Holdings, LLC, a Delaware limited liability company, which is the general partner of
Westfield America Limited Partnership, a Delaware limited partnership, which is the sole
member of WEA SOUTHCENTER LLC, the Delaware limited liability company that executed
the within and foregoing instrument, to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
GIVEN under my had and official seal this day of 2007.
STATE OF WASHINGTON
ss.
COUNTY OF
NOTARY PUBLIC in and for the
State of Washington, residing
at
My commission expires:
[Type or Print Notary Name]
On this j_ day of l (4/ 2007, before me, the undersigned, a Notary
Public in and for the State of Washing n, 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.
trk a. di b
NOTARY PUBLIC in and for the
State of Washington, residing
at 1 IA -ICth 1 0.
commission expires
[Type or Print Notary Name]
/02` /9- 0
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STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
On .7 Jo 2007 before me, An;P 7d-‘1 a Notary Public
Ro /9 P�dy,,✓
personally appeared
Signature
ss.
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.
ANNIE M. ZEITEL
Commission 1478766
Notary Public California t
Los Angeles County
My Comm. Expires Apr 21, 2008
(Seal)
EXHIBIT A
Legal Description of the Property
REAL PROPERTY IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON, DESCRIBED AS
FOLLOWS:
PARCEL A:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26;
AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
AND OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23;
AND OF THE INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN
VOLUME 10 OF PLATS AT PAGE(S) 55, IN KING COUNTY, WASHINGTON;
AND OF BROOKVALE GARDEN TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF
PLATS AT PAGE(S) 47, IN KING COUNTY, WASHINGTON;
AND OF THE W.N. GILLIAM DONATION LAND CLAIM NO. 90, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF 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 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST
AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 87 °25'13" WEST 526.42 FEET;
THENCE SOUTH 00 °19'36" WEST 30.02 FEET;
THENCE NORTH 87 °25'13" WEST 253.52 FEET;
THENCE SOUTH 00 °19'36" WEST 366.84 FEET TO THE NORTH LINE OF THE SOUTH 40.00 FEET
OF THE SOUTHEAST QUARTER OF SAID SECTION 23;
THENCE NORTH 89 °40'24" WEST ALONG SAID NORTH LINE 179.20 FEET TO AN INTERSECTION
WITH A LINE WHICH BEARS NORTH 00 °19'36" EAST FROM A POINT ON THE SOUTH LINE OF
SAID SECTION 23, WHICH I5 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE
SOUTHEAST QUARTER OF SAID SEC,I ION 23;
THENCE SOUTH 00 °19'36" WEST 14.00 FEET;
THENCE NORTH 89 °40'24" WEST 10.50 FEET;
THENCE SOUTH 00 °19'36" WEST 36.83 FEET;
THENCE NORTH 89 °40'24" WEST 7.90 FEET;
THENCE SOUTH 00 °19'36" WEST 42.17 FEET;
THENCE NORTH 89 °40'24" WEST 72.00 FEET;
THENCE SOUTH 00 °19'36" WEST 96.00 FEET;
THENCE NORTH 89 °40'24" WEST 226.00 FEET;
THENCE NORTH 00 °19'36" EAST 138.17 FEET;
THENCE NORTH 89 °40'24" WEST 79.90 FEET;
THENCE NORTH 00 °19'36" EAST 10.83 FEET TO THE WESTERLY EXTENSION OF THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23;
THENCE NORTH 89 °40'24" WEST ALONG SAID EXTENSION 10.50 FEET;
THENCE NORTH 00 °19'36" EAST 40.00 FEET;
THENCE NORTH 89 °40'24" WEST 151.60 FEET;
THENCE NORTH 00 °19'36" EAST 790.45 FEET TO THE NORTHEAST CORNER OF THAT PORTION
OF THE SOUTHCENTER PARKWAY VACATED BY ORDINANCE NO, 555, CITY OF TUKWILA, AND
AS RECORDED UNDER RECORDING NO. 6516239, IN KING COUNTY, WASHINGTON, SAID
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Legal Description
(continued)
NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 09 °34'32" EAST;
THENCE WEST ALONG SAID CURVE AND THE SOUTHEASTERLY MARGIN OF SAID
SOUTHCENTER PARKWAY, 282.00 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT OF A
339.07 FOOT RADIUS;
THENCE SOUTHWESTERLY ALONG SAID CURVE 37,76 FEET TO THE MOST NORTHERLY POINT
OF A TRACT OF LAND CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER
RECORDING NO. 6516243, IN KING COUNTY, WASHINGTON;
THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE AND SOUTHEASTERLY MARGIN
312.17 FEET;
THENCE SOUTH 89 °39'00" WEST ALONG SAID SOUTHEASTERLY MARGIN 17.04 FEET TO THE
EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH) AS
DEEDED TO THE CITY OF TUKWILA AND RECORDED UNDER RECORDING NO. 5735981;
THENCE SOUTH 00 °21'00" EAST ALONG SAID EAST MARGIN 938.12 FEET TO AN ANGLE POINT
THEREIN;
THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 633.49 FEET TO THE NORTHERLY
LINE OF STATE HIGHWAY RIGHT OF WAY;
THENCE NORTH 89 °52'42" EAST ALONG SAID NORTHERLY LINE 5.31 FEET TO THE EASTERLY
LINE OF SAID STATE HIGHWAY RIGHT OF WAY;
THENCE SOUTH 00 °07'18" EAST ALONG SAID EASTERLY LINE 134.50 FEET TO THE
SOUTHEASTERLY LINE OF SAID RIGHT OF WAY;
THENCE SOUTH 43 °25'05" WEST ALONG SAID SOUTHEASTERLY LINE 6.74 FEET TO THE
AFORESAID EAST MARGIN OF SOUTHCENTER PARKWAY;
THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 471.45 FEET TO THE BEGINNING
OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS;
THENCE ALONG SAID CURVE 77.70 FEET TO A POINT OF TANGENCY ON THE NORTH LINE OF
STRANDER BOULEVARD (FORMERLY SOUTH 164TH STREET), AS DEEDED TO THE CITY OF
TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963;
THENCE SOUTH 89 °26'22" EAST ALONG SAID NORTH LINE 588.31 FEET;
THENCE SOUTH 89 °30'56" EAST ALONG SAID NORTH LINE 1255.52 FEET TO THE BEGINNING
OF A CURVE TO THE LEFT OF A 50 FOOT RADIUS;
THENCE ALONG SAID CURVE 79.14 FEET TO THE WEST LINE OF ANDOVER PARK WEST, AS
DEEDED TO THE CITY OF TUKWILA BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION
ON NOVEMBER 1, 1962;
THENCE NORTH 00 °12'09" WEST ALONG SAID WEST LINE 1652.93 FEET TO TRUE POINT OF
BEGINNING;
EXCEPTING THEREFROM ANY AND ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS
LOCATED ON SAID LAND AS EXISTED THEREON AS OF DECEMBER 17, 1985, AS CONVEYED BY
DEED RECORDED UNDER RECORDING NO. 8512171136 BUT TOGETHER WITH A
REVEP.SIONARY INTEREST IN SAID BUILDINGS, STRUCTURES AND IMPROVEMENTS PURSUANT
TO THE TERMS OF THE AMENDED AND RESTATED GROUND LEASE, DATED DECEMBER 17,
1985, NOTICE OF WHICH WAS RECORDED UNDER RECORDING NUMBER 8512171133.
PARCEL 8:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SEL I ION 23,
TOWNSHIP 23 NORTH, RANGE 9 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
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Legal Description
(continued)
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SEC. i ION
23;
THENCE NORTH 89 °40'29" WEST ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF
SAID SOUTHEAST QUARTER 65.40 FEET;
THENCE NORTH 00 °19'36" EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 °19'36" EAST 110.00 FEET;
THENCE NORTH 89 °40'24" WEST 151.60 FEET;
THENCE SOUTH 00 °19'36" WEST 110.00 FEET;
THENCE SOUTH 89 °40'24" EAST 151.60 FEET TO THE TRUE POINT OF BEGINNING.
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EXHIBIT B -1
Legal Description of Public Sanitary Sewer Easements
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
26, 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 SOUTH 00 °12'09" EAST, ALONG SAID WEST LINE, A
DISTANCE OF 1652.93 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT OF A 50.00
FOOT RADIUS; THENCE ALONG SAID CURVE, A DISTANCE OF 79.14 FEET TO THE NORTH
LINE OF STRANDER
STRANDER BLVD. (FORMERLY SOUTH 164 STREET), AS DEEDED TO THE CITY OF TUKWILA
BY QUIT CLAIM DEED FROM SOUTHCENTER CORPORATION ON FEBRUARY 14, 1963;
THENCE NORTH 89 °30'56" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 484.70 FEET TO
POINT "A AND THE TRUE POINT OF BEGINNING FOR SEWER EASEMENT 'A';
SEWER EASEMENT 'A' DESCRIBED AS FOLLOWS:
A PUBLIC SANITARY SEWER EASEMENT OF 15.00 FEET WIDE LAYING 7.50 FEET ON EACH
SIDE OF THE FOLLOWING CENTERLINE;
BEGINNING AT THE AFOREDESCRIBED POINT "A
THENCE NORTH 00 °29'04" EAST A DISTANCE OF 36.00 FEET TO THE END OF SAID
CENTERLINE.
CONTAINING 540 SQUARE FEET, MORE OR LESS.
TOGETHER WITH SEWER EASEMENT 'B' DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREDESCRIBED POINT "A THENCE ALONG THE NORTH LINE OF
STRANDER BLVD NORTH 89 °30'56" WEST A DISTANCE OF 476.79 FEET TO POINT "B AND
THE POINT OF TRUE BEGINNING FOR SEWER EASEMENT'S';
A PUBLIC SANITARY SEWER EASEMENT OF 15.00 FEET WIDE LAYING 7.50 FEET ON EACH
SIDE OF THE FOLLOWING CENTERLINE;
BEGINNING AT THE AFOREDESCRIBED POINT "B
THENCE NORTH 00 °29'04" EAST A DISTANCE OF 38.00 FEET TO THE END OF SAID
CENTERLINE.
CONTAINING 570 SQUARE FEET, MORE OR LESS.
TOGETHER WITH SEWER EASEMENT 'C' DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREDESCRIBED POINT "B THENCE ALONG THE NORTH LINE OF
STRANDER BLVD NORTH 89 °30'56" WEST A DISTANCE OF 294.03 FEET; THENCE ALONG THE
SAID NORTH LINE NORTH 89 °26'22" WEST A DISTANCE OF 206.43 FEET TO POINT "C AND
THE POINT OF TRUE BEGINNING FOR SEWER EASEMENT 'C';
A PUBLIC SANITARY SEWER EASEMENT OF 15.00 FEET WIDE LAYING 7.50 FEET ON EACH
SIDE OF THE FOLLOWING CENTERLINE;
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Legal Description
(continued)
BEGINNING AT THE AFOREDESCRIBED POINT "C
THENCE NORTH 00 °33'38" EAST A DISTANCE OF 32.00 FEET TO THE END OF SAID
CENTERLINE.
CONTAINING 480 SQUARE FEET, MORE OR LESS.
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