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HomeMy WebLinkAbout2008 - Amended and Restated Street Frontage Improvements and Utilities Easement - WEA Southcenter LLC - 20080424001836DOCUMENT TITLE(S) (or transactions contained therein): AMENDED AND RESTATED STREET FRONTAGE IMPROVEMENTS AND UTILITIES EASEMENT REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: 5999600, 7201070397, 20070619000339 0 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 El Additional names on page of document G RANTEE(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 M Additional legal is on page 8 of document ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER 115720- 0290 -04, 115720- 0292 -02, 262304 9023 -03, 262304- 9085 -08, 262304- 9084 -09, 262304- 9090 -01, 359700- 0240 -03, 537920- 0240 -08, 537920 -0241 -07, 537920- 0330 -09, 636420 0010- 01.636420- 0020 -09 0 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 Ingp j Co. fle„ords. Cava* DePuTY :tix f,r y WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) AMENDED AND RESTATED STREET FRONTAGE IMPROVEMENTS AND UTILITIES EASEMENT THIS AMENDED AND RESTATED STREET FRONTAGE IMPROVEMENTS -fe AND UTILITIES EASEMENT (this "Easement is entered into as of ,rupry 25, 2008, 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, as amended by that First Amendment to Development Agreement dated September 17, 2007 (collectively, "Development Agreement pursuant to which Grantor agreed to grant Grantee an easement for construction and maintenance of certain street frontage improvements and utilities within the Property. C. Grantor and Grantee executed that certain Street Frontage Improvements and Utilities Easement dated May 9, 2007, recorded in the real estate records of King County, Washington under Recording No. 20070619000339 (the "Initial Easement The parties now desire to replace the Initial Easement in its entirety with this Easement to correct a typographical error, on the terms and conditions stated below. 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 over, under and across a fifteen (15) foot wide strip of the Property, as legally described and depicted on Exhibit B attached hereto and incorporated herein by this reference ("Easement Area for the purpose of construction, maintenance, operation, repair, and replacement of street frontage improvements along Andover Park West, including without limitation: (i) any landscaping, curbs, gutters, sidewalks, street lighting equipment, traffic signal equipment, irrigation equipment, (collectively, "Street Frontage Improvements and (ii) any sanitary sewer facilities. storm drainage facilities and other utilities, such as telecommunications, water, gas, electric facilities (collectively, "Utilities AMENDED STREET ERONTAGE EASEMENT B FINAL. DOC PAGE 2 OF 12 .ocated within the Easement Area, together with the right of ingress and egress to and from the Easement Area over Grantor's Property for the purposes set forth herein. 2. Replacement. This Easement terminates, replaces and supersedes the easement recorded in the real estate records of King County, Washington under Auditor's File No. 5999600, and Grantee hereby releases and abandons this superseded easement (AFN 5999600). In addition, this Easement terminates, replaces and supersedes the easement recorded in the real estate records of King County, Washington under Auditor's File No. 7201070397, to the extent it burdens the Easement Area, and Grantee hereby releases and abandons this superseded easement (AFN 7201070397) to the extent it burdens the Easement Area. This Easement also terminates, replaces and supersedes the easement recorded in the real estate records of King County, Washington under Auditor's File No. 20070619000339, and Grantee hereby releases and abandons this superseded easement (AFN 20070619000339). 3. Maintenance. Grantee shall be responsible, at its sole cost and expense, for maintenance of the Street Frontage Improvements and Utilities, provided that Grantor shall be responsible, at its sole cost and expense, for the initial construction of certain Street Frontage Improvements as set forth in Section 5.6(a) of the Development Agreement. Except in the case of an emergency, Grantee shall provide Grantor with 24 -hour prior written notice of any -onstruction, maintenance, repair, and /or replacement activities within the Easement Area at the notice address provided below. 4. Restoration of the Easement Area. Immediately following completion of any construction, maintenance, operation, repair and replacement work within the Easement Area, Grantee 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. 5. Use of Easement Area by Grantor. Grantor may use the Easement Area for any purposes not inconsistent with the rights granted by this Easement, including without limitation the right to install and maintain private utilities serving Grantor's Property. 6. 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. 7. 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. AMENDED STREET FRONTAGE EASEMENT 11 FINAL DOC PAGE 3 OF 12 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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: \MENDED STREET FRONTAGE EASEMENT B FINAL. DOC PAGE 4 OF 12 Grantor: WEA Southcenter LLC c/o Westfield Corporation, Inc. 633 Southcenter Seattle, WA 98188 -2888 Attn: of L-1-Mt covrfft— Fax No.: 5/6 q 7 1 1776 Grantee: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: ?L)\)\ cc.i\iaor1/4-5 Fax No.: (j&" AMENDED STREET FRONTAGE EASEMENT B FIN.LL. DOC [Signature Pages Follow] PAGE 5 OF 12 IN WITNESS WHEREOF, the parties duly execute this Easement as of the dates written below. GRANTOR: WEA SOUTHCENTER LLC, a Delaware limited liability company: By: Westfield America Limited Partnership, a Delaware limited partnership, Its sole member By: Westfield U.S. Its general part By: Name: Ro Its: Assi STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES Personally appeared Rory A. Packer Personally known to me (or proved to me nerson(s) whose name(s) is /are subscribed that he /she /they executed the sa his/her /their signature(s) on the person(s) acted, ex WITNE y hand and official seal. AMENDED STREET FRONTAGE EASEMENT B FINAL 2008 before me, C, a Delaware limited liability company, a Notary on the is of satisfactory evidence) to be the e within instrument and acknowledged to me his/her /their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which ed the instrument. See a. Fctftd t&rviewI e- re Seal) Signatu I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PAGE 6 OF 12 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT +■`�Kn, v.0 4• c.4 WIS4^c4S cvN3.O*.'? +SQ9 X31 1411-41...4.• State of California County of 1-0,S 4fljQ On �D.6rttvj 2S 2 before me, personally appeared LISA M. SHELLEY /4 Commission M 1742991 1 r N 1 Notary Public California Los Angeles County Place Notary Seal Above Title or ype pf,Do>`u� en ate: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ?)1r 61— P Individual 1' Corporate Officer Title(s): this 'Sec_n Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here r e Inser ame and Title of the Officer Namets) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is /are subscribed to the within instrument and acknowledged to me that heistle/they executed the same in his /her/their authorized capacity(ies), and that by his /herfthcir signature(s) on the instrument the person($), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and offi ial seal. Signature a.. L A- A :a gnature of No dirt ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document s Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner 0 Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2007 National Notary Association 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313 -2402• www.NationalNotary.org Item 45907 Reorder:Call Toll-Free RIGHTTHUMBPRINT OF SIGNER Top of thumb here 800-876-6827 CITY OF TUKWILA dim Egerton est /Authenticated: e Cantu, City Clerk STATE OF WASHINGTON ss. County of King On this 3 5 h day of VIA-CA CC k 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. AMENDED STREET FRONTAGE EASEMENT B FINAL.DOC Print Name My appointment expires PAGE 7 OF 12 Date: Approved As to Form: z City Attorney S c, CIO C. CC* Notary Public i jnd for Washington, residing at t e State of 1;J A 3 -1 EXHIBIT A Legal Description of the Property 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. H. GILLIAM DONATION LAND CLAIM NO. 40, 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 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 IS 341.40 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 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; AMENDED STREET FRONTAGE EASEMENT B FINAL. DOC PAGE 8 OF 12 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 NORTHEAST CORNER ALSO BEING A POINT ON A 565.79 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THROUGH WHICH A RADIAL LINE BEARS SOUTH 04 °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 438.12 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 00 °23'45" EAST ALONG SAID EAST MARGIN 633.44 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 REVERSIONARY INTEREST IN SAID BUILDINGS, STRUCTURES AND IMPROVEMENTS PURSUANT TO THE TERMS OF THE PAGE 9 OF 12 AMENDED STREET FRONTAGE EASEMENT B FINALDDC AMENDED AND RESTATED GROUND LEASE, DATED DECEMBER 17, 1985, NOTICE OF WHICH WAS RECORDED UNDER RECORDING NUMBER 8512171133. AMENDED STREET FRONTAGE EASEMENT 13 FINAL DOC PAGE 10 OF 12 EXHIBIT B Easement Area LEGAL DESCRIPTION OF 15' STREET FRONTAGE IMPROVEMENT AND UTILITY EASEMENT 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 AND THE TRUE POINT OF BEGINNING; 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 HAVING A RADIUS OF 50.00 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 39.77 FEET AND AN INTERIOR ANGLE OF 45 °34'14 THENCE NORTH 00 °12'09" WEST A DISTANCE OF 1689.36 FEET; THENCE SOUTH 87 °25'13" EAST A DISTANCE OF 15.02 FEET TO THE WEST LINE OF ANDOVER PARK WEST AND THE TRUE POINT OF BEGINNING. CONTAINING 25,169 SQUARE FEET, MORE OR LESS. AMENDED STREET FRONTAGE EASEMENT B FINAL. DOC PAGE 11 OF 12 AMENDED STREET FRONTAGE EASEMENT B FINAL DOC