HomeMy WebLinkAbout2007 - Traffic Signal Loop Easement - WEA Southcenter LLC - 20070619000340DOCUMENT 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)
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, 2623049023 and 5379200240
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
10 HOU
20070619000340
CITY OF TUKWIL EAS 43.00
PAGE001 OF 012
08/19/2007 09:50
KING COUNTY, WA
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
EXCISE TAX NOT REQUIRED
Kin CQ Records
By �p T
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TRAFFIC SIGNAL LOOP EASEMENT
THIS TRAFFIC SIGNAL LOOP EASEMENT (this "Easement is entered into as of
(Y/ruuk g, 2007, by and between WEA SOUTHCENTER LLC, a Delaware limited liability
company "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 and Grantee are parties to that certain Development Agreement
Between the City of Tukwila, WEA Southcenter LLC, and Prudential Financial Inc., for the
Expansion And Renovation of Westfield Southcenter Mall, Contract No. 05 -123, dated on or
about December 23, 2005, pursuant to which Grantor agreed to grant Grantee an easement
for maintenance of the traffic signal loops located within the Property.
C. Grantor now desires to grant Grantee such an easement 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 through Exhibit B -4 attached hereto and
incorporated herein by this reference (collectively, "Easement Area for the purpose of
maintenance, operation, repair, and replacement 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 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 Signal Loops. Grantee shall be responsible for
maintenance 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.
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.
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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. 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. Severability. 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 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.:
Gr antee: C ID( bF 1 UKwI
C,L1
�,otto So w }h
u.Ia.WA 9Y182
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
Attest /Authenticated:
e Cantu, City Clerk
By: Westfield U.S. Holdin LLC, a Delaware limited liability company,
Its generavartnen
By:
Name
Its:
Date:
CITY OF TUKWILA, WASHINGTON
By
r� i
Steve Mullet, Mayor
Date: -517 7
Approved As To Form:
-5
City Attorney
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STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that I know or have s-:tisfactory evidence that is the
me, and said person acknowledged that s /he signed this
hat (he /she) was authorized to execute the instrument and
r) capacity as of Westfield U.S.
ware limited liability company, which is the general partner of
ited Partnership, a Delaware limited partnership, which is the sole
THCENTER LLC, the Delaware limited liability company that executed
oing instrument, to be the free and voluntary act of such party for the
mentioned in the instrument.
person who appeared befor
instrument, on oath state
acknowledged it in (his/
Holdings, LLC, a De
Westfield America L
member of WEA SO
the within and fore
uses and purpose
Se e a
GIVEN der my hand and official seal this
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
[Type or Print Notary Name]
day of 2007.
STATE OF WASHINGTON
ss.
COUNTY OFj_
On this ay of f 2007, before me, the undersigned, a Notary
Public in and for the State of 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.
ll
ON 4
O �\yS 4;;,90 9 l,�
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-141 19:��
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NOTARY PUBLIC in and for the State o
Washington, residing at ueio i t
Joy commission expires: la 1.9 O "7
oon a A rnba -0
[Type or Print Notary Name] .J
EXHIBIT B -1
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STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES)
On March 8, 2007 before me, Annie M. Zettel, a Notary Public
personally appeared Rory A. Packer
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.
Signature
ANNIE M. ZETTE&
Commission 1478766
i Notary Public California
Los Angeles County
My Comm. Expires Apr 21, 2008
ss.
(Seal)
Legal Description Of Traffic Signal Loop 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 453.88 FEET TO 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 30.00 FEET WIDE LAYING 15.00 FEET ON
EACH SIDE OF THE FOLLOWING CENTERLINE;
BEGINNING AT THE AFOREDESCRIBED POINT "A
THENCE SOUTH 89 °49'37" WEST A DISTANCE OF 27.26 FEET TO THE BEGINNING OF
A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET; THENCE WESTERLY AND
SOUTHERLY ALONG THE SAID CURVE FOR AN ARC LENGTH DISTANCE OF 92.73
FEET THROUGH A CENTRAL ANGLE OF 42 °30'20" TO THE END OF SAID CENTERLINE.
CONTAINING 3,600 SQUARE FEET, MORE OR LESS.
TRAFFIC SIGNAL LOOP EASEMENT `B' DESCRIBED AS FOLLOWS:
BEGINNING AT THE AFOREDESCRIBED POINT "A THENCE SOUTH 00 °12'09" EAST,
ALONG SAID WEST LINE, A DISTANCE OF 1199.05 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 592.37 FEET TO POINT "B AND THE TRUE POINT OF BEGINNING FOR
TRAFFIC SIGNAL LOOP EASEMENT 'B';
A TRAFFIC SIGNAL LOOP EASEMENT OF 36.00 FEET WIDE LAYING 18.00 FEET ON
EACH SIDE OF THE FOLLOWING CENTERLINE;
BEGINNING AT THE AFOREDESCRIBED POINT "B
THENCE NORTH 00 °19'36" EAST A DISTANCE OF 120.05 FEET TO END OF SAID
CENTERLINE.
CONTAINING 4,320 SQUARE FEET, MORE OR LESS.
TRAFFIC SIGNAL LOOP EASEMENT 'C' DESCRIBED AS FOLLOWS:
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COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE SAID SECTION 26; THENCE SOUTH 89 °47'51"
WEST A DISTANCE OF 30 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST;
THENCE NORTH 89 °4024" WEST, ALONG THE NORTH LINE OF SECTION 26 A
DISTANCE OF 1947.90 FEET TO A POINT ON THE EAST LINE OF SOUTHCENTER
PARKWAY; THENCE SOUTH 00 °23'45" EAST ALONG SAID LINE A DISTANCE OF 171.30
FEET TO POINT 'C', AND THE TRUE POINT OF BEGINNING FOR TRAFFIC SIGNAL
LOOP EASEMENT 'C';
A TRAFFIC SIGNAL LOOP EASEMENT OF 40.00 FEET WIDE LAYING 20.00 FEET ON
EACH SIDE OF THE FOLLOWING CENTERLINE;
BEGINNING AT THE AFOREDESCRIBED POINT "C
THENCE NORTH 89 °36'15" EAST A DISTANCE OF 120.00 FEET TO END OF SAID
CENTERLINE.
CONTAINING 4,800 SQUARE FEET, MORE OR LESS.
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