HomeMy WebLinkAbout1987 - Amendment 2 to Four Party Encroachment Agreement - Southcenter Joint Venture - 8712211263 After Recording Return to:
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AMENDMENT N0 2 TO FOUR PARTY ENCROACH-
MENT AGREEMENT (this "Aniendmr
m,.
t om. day of >..E ��'L .1987,. by "and among CONNECT
ICUT GENERAL LIFE INSURANCE COMPANY, a
Connecticut corpor,ataon y "Connect4yut" j
ALLIED STORES 'GENERAL REAL _ESTATE;:COMPANY, a
Delaware corporation "ASG REV THE BON,
INC:. a'Lelaware corporation ("T as
successor b,y'merge.r *o A1Tied Stores Corpora
t on, and SGUT Jb T:.YE27TURE, a_.
general .part iet ap "Southcenter
WHEREAS under dA 3T, 1968, the
parties hereto or their pLedecessor� in interest ,.:entered
into a Four -Party Enct achment Agreement (t: :e "Agreement
with respect to certain'real property located in'the :City of
Tukwila,':Wa8hington (the Property") which was recorded 0* n
November. 8, 1968 under Kna County Aud;t,or's File
No. .6431696; and
WHEREAS ASGREC -has conveyed aoConnect_icut a
portion of the Property opened by ASGREC as des- cribed'° in
7
Exhibit B to the Agreement; and
WHEREAS all of the parties `wish to. amend the
'Agreement._t�, reflect the change in ownership of `,the Portion
of th'e Property so conveyed;
NOW, THEREFORE, fo_r: good and valuable, considera
t:ion., the,.r:eceipt and su•tfici.encv of :wh C ,p
h the .'arties
h'e;rey b acknow g.
.led e' the ant`. hereb A a` ree as follows
p es y:..9
1.• Amendment. Exhibit A .to_ he Agreement. is
hereby' deleted in its entir:ety,.and- Exhipit A to this
Amendment is °subs in lieu thereof.
(GERHARD /6/1.0N /WPC /15)
2
2. No Further Modifications .Except. as provided';
herein, the :Agreement and a-,11.. of its .terms and conditions u
remain in full force and ekle.ct
IN WITNESS .WHEREOF the parties`. this
Amendment as of the day and year f:irst:wr:taen ahwe
CD CONNECTICUT'GENERAL LIF INSUR
AN CE COMPADIY,, a Connecticut
corporation;
f:
C by CIGNA TS
INVESTMEN,
f
r
T1t1E Assistant seut
�y4 �4 V �t
P.
AL7 IED STORES GENERAL•_ -R
ESTATE COMPANY, a De1aw
corporation;
itle
`s�denE
THE BON, INC.; a.De.laware
corporation.;;
by
tTi tle. 1
164
SOU HCENR'ER ,3OINt VENTURE; a
Genera p nershibi
byj��
icharc3 E:: cobs
general rtn'er
y
(GERHARD /:6 /lON /YiPCJ15;
-to YGQ
Davi atd
pnell)
its WA GO
I
Nov V A
A
04
A> so
ja
Aga! M,
W
Fix 11
ME
AST
cotton
10 oil
ZAT
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T O
town AW IYU two
0 0 off US'
4
STATE OF Connecticut
"SS Bloomfield
COUNTY OF Hartford
I.'.certify that I know or have satisfactory _evi x
Bence that the peison.a.ppear'ing.before me abdi making'thisr.
acknowledgment is the person whose true signature appears on
this document..
V
s
Ong this .l4tfi day bf December: 1987, before
me p Y a pp
ersonall. eared, Leon P. ounc to me known to be
the Assistant ,Vice Presidentof CIGNA ;INVESTMENTS, INC t`he
corporation .tt.at executed }he within and faiegoing instru f
Cat: merit on behalf of Connecticut General Life Insurance
Company,;and` ac. knowledged the said instrument to be t:ie fr
and`VOluntary ac* and deed ofrssaid corporation, for the uses r
and purposes therein mentioned, and on oath stated that
heJshe was au;thoriied.t'a exe: cute -said instzumentand that{
sealaff:ixed,`'if .any, is_rthe corporate ._seal of said t
corporation and that said corporation was authorized to
execute said instrumenton behalf `of Connecticut general
Life Insurance Company
WITNESS my hand and seal hereto affix6d the•ria�y
and year first above written. y rb
Notary Public:: i!n fid' foFJ ham+'
State of :Cornectici
at 400 Cottage- Gr'a: BIpdia gld,f 06002.
My commisszon,exp:res %31 /Ss
Torr:i e_ J Healy.. w
[GERHARD /6 /1O.N /WPG /1S]
5:
f
STATE OFQ..
COUNTY .O:'
I certify that I k.,now or have satisfac.. *_ory evi
dance that t.ne person appearing Before::me.and i ing this
tD acknowle'dgme:nt is .the person:wnose true signature appears on
t:.iS 'document:
On this /c,`.day of (..«ri.L 1987, before
me_ personally appeared 8#P1cKH. BOwen. oo me known to be the
V SAM of -ALLIED STORES GENERAL REAL ES
TATE COMPANY
ICE
a Delaware cor or_a_tion,` the c.or or.ation:
P p i that; exeouted the
within a;nd foregoing instrument, a nd acknowledged the `sand
ins_trumerit to. be' the free and' voluntar act Band' deed of said
coiporat'on, the uses and purg'oses ,thQrein mentioned,
and .on Foath stated:.that '.he /she was: ,.uthorized to :execute R
said instrument and that the seal affixed, i_f any, is the
corporate seal' of Said 'corporation
J
WITNESS my hand and seal hereto affix.d.the.day
nd year first above w cter...,
Notary Public in and for.` the
State of residing s
SO
at
of
My commission ,expix_
y t j ai
r k 5
M446LYN lGAPNER T .t
�lotery _PUbfik State of New 7
No
3 4884383 r
Qualtliet] rrt New fork Cou L 4
Cornmrssron Expirea.�uty 14;
k
(GERHARD /6/l0N /WPC /I.:5
5
1
!b
STATE OF k
SS
COUNTY OP. •F"
I certify that I know or -4iave saEis:factdry ev
deuce tiia't. the .person appearing before the and making this
acknowledgment is the per son whose true ignature appeals on
t document'.
6d.' On this -1p� day of �a. T987, before
ppea:red Tatd0 H,:6ccen to me _known to be the
Me: ersonall a of THE BON INC`i,, a Delaware corporation; the
p Y
�f Pr�sTii
corpc *anon that executed? the,l withlri and foregoing instru
men,t, d a cknowledged ch` said instrument
an t o`be the free r
and voluntary a:ct and deed of said corpora tion,_ foi the; uses`
and purposes therein ment:aoned and on oath stated that
I wasautrorized +o execute said instrument and that
the' affi"xed, if any, is ,the coiporate seal of.: said.
corporation,
and year f1
WITN ESS ny'hand- and'_ea_T hereto affixed ,the day
-above written
At
Notary Pub'li'c i'n arid: for ;tie
State of n:F t ,resid'ing
at S 11 6ap
My commission expires
1'
CARbAxApyer
Notary Puhtid stite of Neyv yblk
No 3] 4864383 3
Qual{fied ,n: New "Ydrk cou
Commiss on Eicp{res Jufy 14 ft. r
[GERHARD /6 /ION /WPC /15]
STATE OF OHIO,
SS.
COUNTY OF CUYAHOGA,,)
I certify that'. I, know lor have satisfactory evi- f
Bence the pe "rsons apFeari'ng before fine and`:makng this
acknowledgment,a're, the pe'r.sons.'iahose true: signatures appear
on_this document.
On this it da,y of ri�%�' -�L 1987 before
:me personally appeared RICHARD _E JACOBS and DAVID R fi
JACOBS, tome known to De General Partners of SOUTHCENTER
a JOINT VENTURE, a General Partnership, the partnership twat
executed th:e within and foregoingtranstrument, and acknowi
edged the said nstrument to be thefree and voluntary, act
and deed of said pa 'n for�t3�e "uses and :purposes J
therei'n mentioned, and on oath states that they were author
zed to execute said instrument:?
WITNESS my hand and seal hereto 'aff the ,clay
and year first above written
I/ t`
Notary? Public 1 ':a Y r
St to of Ohio, sdirg at n
My cemmiss on ex fires
[G RHARD /6 /l0N /WPC /15]
EXHIBIT A
Connecticut. Genetal .Life; Insiitlrice ComparlX
P rope r. tiv a.f rConveva'nde of
A Portion: -df the;. Bon,Marche"
Park;ina Area
That
"port.ion of the .Narthw+est 1/4 of the.'North;east l /4 of
Section•. 26, Township :;1s North, 'Range: 4 East W .M in King
County, Washington, and of The Northeast :1/4 of the
Northwest 1/4 of said Section 26and of the Southwes['1 /4, r
of the Southeast 1 /4::of Section 23,.'said t�wnsh>p and range,
and of thee- Southeast: l/4 of t of said
Section 23 and ;of th'e Interurban Aaditioh to _Seattle, as
r1 recorded in
V olume 10'. of P at's, on page 5.5, records' of King x
County,, and of "Hrookvale G;arden:Tracts, as recArded_in
Volume 10:of Plats,. page 47, records =of said county, and; of
the hi H, Gilliam Zonation Land Claim No 40, described as
follows
Commencing .at'the Ncrtheast corner o the Northwest 1/9 of
the. N.grthe'ast 1'"A of say d Section 26, thence North 2'
West along the 'Northerly p ^roduction ;oE ttie East lime of 'said
s,ubdivissop. 406.4 9 f et, thence. South 89 <47' S1;" Wes:t' 3�0 feet
to the West margin of Andaver :P:ark 'We sit ,a the tTrue point
of beginni,n.g; thence ,orth 87 West 526'42 feet,
thence .South 0 19' 36" Wes't': 3Q.`. 02 fees, thence :'Northr 87
West' :253 'S2 feet; thence''Soutti._0 19'?35" West 3'b6 $4 fees to
the'Nortri line of the �oufh 90: "00 feet of: the .Souti�eas'tx1 /4
of,said,.Section 23; thence North 89 °40'24 West'along
North- `lime 179.20 feet to 'an interse'cti,on witfi:" a line whict�
bears No.rt'h 0 °i9' 36" Bast from a po:nta on. the South; life- of
said Section 23, which is 341.40 feet Easa of the Southwest
wi
corner of the Southeast 1/4' of said,Sect'ion 23 thence South
0 9 I9'36" West 14.00 feet thence Nor -tfi 89 "3 Westt10:50
feet,; t-het -e South 0°19'36" West 3b '83 „feet, thence =North
89 °`40'24" West 7.90 feet, ;thence Soutt. °:19'36" West 42 17
feet,; _'thence North 89°40' 2'4 West '12 U feet, "thenc;e South
qY
0 °1:9'36 West 96.00 feet, thence North'89 °40 "2:4" West `226 00
feet; thence North 0 wa'st 138:17 feet thence North
89 79.90.fee.t; thence North 0 °19 3 ^6" East 10.8' ii
feet. to the Westerly ex e,nsion- of th'e South line of the
Southeast -1/4 of said Sectiuc 23, thence North 89 °40'24
West °,_along. said extension, 10:-5Q feet ,;:•thence, North" 0 °19'36"
East_ 150: feet; thence North,; 89°40:'`2.4" West. `15l :6.0 feet,
thence North 0 °1.9..' 3E East 680,:45 £eet, to the .Northeast
corner.,o:f that portion of. =the .Sottthcen'.ter Parkway Vacated by
Ordinance` Nc. 555, City of �'uk�,�zla, =and as recorded` undz=
Recor.ding`No. 6516239, records':of skid county," said'. Northeast
corner a lso be'zng a point�`;o'n a'. 565 :7.9 -foot radius curve
concaVe :to. the Southeast,,,. thr.ougn which a radial line bears
[GERHARU3f28 /1F.NrWPC},
Z
South 4°34'32" East; thence West along "said curve and':`the
Southeast`erl'y margin of; said Southcenter "Parkway 282 0 feet
to a point of compound..curve to he left of foot
rad -Pus; Southwesterly along ;said u
.crve '37 7fi feet to ttie r
most Northerly point.of',A tract of land conveyed;to the City
of Tu�wla t; y. deed recorded under_ Recording No 6516243,
records 'of said county,`thence continuing SouthwESterly
along sand curv.z and Southeasfp.ly margin 3`12 17 feet;
SO tk^ence'South-89 °39.'00 ".West along said Southeasterly `margin,
17 feet to" the Easterly margin of said Soir thcenter
Parkway,;' (formerly r''�� Avenue South') a's deeded to the City
of Tul.w: as and .iecorded: under Recording No 573�_981,� (hence
Sou h 0°:21'b.0 along said East margin 938 12 feet town
r1'
an n gle point .,therein, thence South0 °23.45" East along said
East mar; i 6.33.44 feet: to the No r h
te'ri line of Stake
Y
Q9
Highway 9lght.- c?f -tvay, th�nce.North 89 °52'42," East along said
tJoitheriy line 5.31 feet to Ehe Easterly line ,of:said,State
Highway right way, thence' South 0 "'07'18 East 'along said
Easters line 134'.50. feet to,the Southeasterly line of 'said
Y-
tight of way; thence South 4,3 °25'0" West along said y
bAlthea8 e -1-y line, 6 7: nce
4 feet Ito afbr.esazd East margin of
Southcenter$'Parkway, theoath 0 °23 45" East along,sazd
East ma.r_gin _471 .•4$ fee E to the b' h in`g of a curve t`o
left of a 50 -foot radir� thence along said `curve 77 70 feet
to' a point o'f tangency .on the North line of `SoutEi 164th r`
Street,'as.:deeded to City of Tukwila by Quit;Claiia peed
from Southc'enter Corpor:ation'on. February lC` ?'.9,63, thence
South 8.9. °26 22" East along: said North line` feet,
then 89° 30' S6" East along said: North I "ne 1, 255 52
feet to at%e.•begir,ning of a curve to the left of :a 50, foo}
radius,:ttience along paid curve 79 14 feet to the West line
of Andover ,Park West; as:,�deeded to the` City. of ;Tukwila y r
QuIt..Claim Deed from Southcenter Corpor t on' November 1 ii
196.2; thence North 0°iVOV' West along:;said'West line;`
1,.652.93-feet to the true point of beg inning;
situate in the pity or Tukwila, County of King, `State:: of
Washington.
[GERHARD3 /28: 15N WI3C]