The URL can be used to link to this page

Home My WebLink About2018 - Easement Modification Agreement - Baker Boulevard Associates LLC - 20180222000163Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 11011 HP 11111111111111 111111111111 20180222000163 EASEMENT Rec: $82.00 212212018 10:25 AM KING COUNTY, WA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): Easement Modification Agreement Parties: Other: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Baker Boulevard Associates, LLC c/o Ironwood Commercial Real Estate, LLC 7918 Green Lake Drive N Seattle, WA 98103 Legal Description: THAT PORTION OF TRACTS 8 AND 9 OF ANDOVER INDUSTRIAL PARK NO. 2, AS PER PLAT RECORDED IN VOLUME 71 OF PLATS, PAGES 68 AND 69, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 8; THENCE SOUTH 88°25'27" EAST ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 354.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH O1°34'33" WEST AT A DISTANCE OF 235.00 FEET; THENCE SOUTH 88°25'27" EAST A DISTANCE OF 224.93 FEET TO THE EAST LINE OF TRACT 9; THENCE NORTH 01°05'06" EAST ALONG SAID EAST LINE, A DISTANCE OF 185.43 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN ARC DISTANCE OF 78.11 FEET, THROUGH A CENTRAL ANGLE OF 89°30'23"; THENCE NORTH 88°25'27" WEST ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 173.34 FEET TO THE TRUE POINT OF BEGINNING. (Abreviated Legal Description) A portion of the NE '/4 of the NE 1/4, Sec. 26, TWP 23 N, RGE 4 E., W.M. Assessor's Property Tax Parcel/Account Number: 022310-0080 Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 EASEMENT MODIFICATION AGREEMENT This EASEMENT MODIFICATION AGREEMENT (this "Agreement") is entered into as of February 6, 2018, by and between BAKER BOULEVARD ASSOCIATES, LLC, a Washington limited liability company ("Owner") and the CITY OF TUKWILA, a Washington municipal corporation (the "City"), on the terms and conditions more fully set forth herein. WHEREAS, Owner is the owner in fee simple of that certain property commonly known as 415 Baker Boulevard, located in the City of Tukwila, County of King, State of Washington, as more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Property"); WHEREAS, pursuant to that certain Conveyance of Existing Utility Easement for Use as Sidewalk and Traffic Signal Improvement Easement dated as of June 19, 1995 and recorded in the Office of the King County Recorder on November 29, 1995 as Document No. 9511300548 (the "Existing Easement"), Royal Wulff, a Washington general partnership (executed as Baker Square Retail Plaza Assoc., a Washington general partnership), conveyed to the City certain non-exclusive easements burdening the Property, as more fully set forth in the Existing Easement; WHEREAS, Owner intends to sell the Property to be developed as part of the Sterling Southcenter Project (the "Project") and desires that the City modify the Existing Easement in order to accommodate such development; and WHEREAS, the City has agreed to modify the Existing Easement upon the terms and conditions set forth herein. NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Modification of Easement Area. The easement areas under the Existing Easement are hereby modified to consist in their entirety of that certain area more particularly described on Exhibit "B" attached hereto and depicted as "Modified Easement Area" on Exhibit "C" attached hereto (the "Modified Easement Area"). The City hereby relinquishes, releases and forever quitclaims unto Owner all right, title and interest in and to the Property except for the Modified Easement Area. For the avoidance of doubt and without limiting the foregoing sentence, the City hereby agrees that it shall have no right, title or interest in and to that certain area depicted as "Vacated Easement Area" on Exhibit "C" attached hereto (the "Vacated Easement Area"). 2. Relocation of Utilities. Any private or public utilities existing within the Vacated Easement Area as of the date of this Agreement shall be relocated by Owner, at its sole cost and expense, as part of the Project. 3. Successors and Assigns; Covenants Running with the Land. This Agreement shall be binding upon and inure to the benefit of Owner and the City, and each of their respective successors and assigns, including successors in title, with respect to the Property. All of the covenants, conditions, restrictions, easements, terms and provisions hereof are and shall be deemed to be covenants running with the land and shall burden and benefit the Property and each party hereto, the holders or owners of any mortgage, indenture, deed of trust or deed to secure debt encumbering the Property, any purchaser at a foreclosure sale, any other person or entity acquiring any right, title or interest in and to the Property and their respective heirs, executors, administrators, representatives, successors and assigns. 4. Entire Agreement; Amendment. Except as expressly set forth herein, the Existing Easement shall remain unchanged and in full force and effect. This Agreement and the Exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are superseded by this Agreement and the Exhibits attached hereto. Only upon the written consent of Owner and the City may this Agreement be amended, modified or terminated. 5. Severability. If any term, provision, covenant or agreement contained herein or the application thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 6. Attorneys' Fees. In the event legal action is instituted by any of the parties to enforce the terms of this Agreement or arising out of the execution of this Agreement, the prevailing party will be entitled to receive from the other party its reasonable attorneys' fees and court costs actually incurred (without regard to statutory interpretation). 7. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to conflicts laws or choice of law rules thereof. 8. Captions; Headings. The captions and headings in this Agreement are for convenience only and shall in no way change or affect the meaning of any term or provision herein. 9. Counterparts. This Agreement may be executed :in any number of counterparts, each of which shall be deemed. an. original, and all. of which, when taken together,. shall constitute one and the same document. [Remainder of Page Intentionally Left Blank; Signature Pages Follow) IN WITNESS WHEREOF, Owner and the City have executed this Agreement as of the day and year first above written. BAKER BOULEVARD ASSOCIATES, LLC, a Washington limited liability company By: Name: m Sc- h 1-t \'Nc Title: el w n p r-. ACKNOWLEDGMENT STATE OF(I, IIf 6Yil4Cl ) ss. COUNTY OF (?YC On ,IlitiA , 2018, before me, Ci t DIGhq (10(05a Notary Public in and for the said state, pt�sonally appeared W'O(k S Owl t - j'E personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. My Commission. Expires: oi/0-20w NOTARY PU Residing at: ' OSi'/a U r % %NDIl61ANXTRRN COMM. #2139435 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY r. M�r Commission Expires 01/07/2020 Cr [Signatures Continue on Following Page] DATED this GRA ► T day of \-74i;l t_,tuf , 2018. CITY OF TUKWI Mayor Attest/Au henticated: -F-1-6') City lerk Approved As To Form by City Attorney ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. County of King ) rziorbtko On this lir( ;.., day of Jannsry, 2018, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Allan Ekberg, 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:. me ka. �/j NotaryPublic in and for the State of Washington g residing at MUM. My appointment expires 1'4 'I' / 1't EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT PORTION OF TRACTS 8 AND 9 OF ANDOVER INDUSTRIAL PARK NO. 2, AS PER PLAT RECORDED IN VOLUME 71 OF PLATS, PAGES 68 AND 69, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 8; THENCE SOUTH 88°25'27" EAST ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 354.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°34'3Y' WEST AT A DISTANCE OF 235.00 FEET; THENCE SOUTH 88°2577" EAST A DISTANCE OF 224.93 FEET TO THE EAST UNE OF TRACT 9; THENCE NORTH 01°05'06" EAST ALONG SAID EAST LINE, A DISTANCE OF 185.43 FEET; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, AN ARC DISTANCE OF 78.11 FEET, THROUGH A CENTRAL ANGLE OF 89°3023"; THENCE NORTH 88°2527" WEST ALONG THE NORTH LINE OF SAID TRACT 8, A DISTANCE OF 173.34 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B LEGAL DESCRIPTION OF MODIFIED EASEMENT AREA THAT PORTION OF TRACTS 8 AND 9 OF ANDOVER INDUSTRIAL PARK NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN VOLUME 71 OF PLATS, PAGES 68 AND 69, RECORDS OF KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID TRACT 8 LYING 354.10 FEET EAST OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 01°34'38" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 88°25'22" EAST, RUNNING PARALLEL WITH AND 10.00 FEET DISTANT FROM THE NORTH LINE OF SAID TRACT A DISTANCE OF 173.30 FEET TO A POINT .OF .CURVE;. THENCE SOUTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT AND CONTINUING PARALLEL WITH AND 10.00 FEET DISTANT FROM SAID NORTH LINE, SAID CURVE HAVING A RADIUS OF 4.0.00 FEET, THROUGH A CENTRAL ANGLE OF 43°56'10" A DISTANCE OF 30.67 FEET; THENCE SOUTH 01°05'11" WEST A DISTANCE OF 27.14 FEET; THENCE SOUTH 43°40'06" EAST A'DISTANCE OF 9.94 FEET TO A POINT LYING 15.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES, THE EAST LINE OF SAID TRACT 8; THENCE SOUTH 01°05'11" WEST, RUNNING PARALLEL WITH AND 15.00 FEET DISTANT FROM THE EAST LINE OF SAID TRACTS 8 AND 9, A DISTANCE OF 179.67 FEET TO A POINT LYING 235.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES,. THE NORTH LINE OF SAID TRACT 8; THENCE SOUTH 88°25'22" EAST A DISTANCE OF 15.00 FEET TO THE EAST LINE OF SAID TRACT 9; THENCE NORTH 01.°05'11" EAST., ALONG THE EAST LINE OF SAID TRACTS 8 AND 9, A DISTANCE OF 185.44 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE TO THE LEFT AND CONTINUING ALONG THE EAST AND NORTH LINES OF SAID TRACT 8, SAID CURVE HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 89°30'33" A DISTANCE OF 78.11 FEET; THENCE NORTH 88°25'22" WEST, ALONG THE NORTH LINE OF SAID, TRACT 8, A DISTANCE OF 173.30 FEET TO THE POINT OF BEGINNING. EASEMENT AREA CONTAINS 5,458 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. ALLIANCE RESIDENTIAL COMPANY 415 BAKER BOULEVARD LAWRENCE M. KNAPP, P.L.S.. BRH JOB NO. 2016103.02 NOVEMBER 17, 20.17 BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVENUE EAST SEATTLE, WA 98102 (206) 323-4144 EXHIBIT C DEPICTION OF MODIFIED EASEMENT AREA NE 1/4, NE 1/4, SEC 26, TWP 23 N, RGE 4 E. W.M. POINT OF BEGINNING (354.10' EASTERLY OF NW COR TRACT 8) N8825'27 -W 173.3410) 2 N8825'22 W 173.30'(C) j N8815'22"W BAKER BLVD 0 MODIFIED EASEMENT AREA R. t 017 . dQ r S8825'22"E 173.30' VACATED EASEMENT AREA R=40.00 / \\\ J 6 0=4356'10" \/ / 6' L=30.67' J 501-0511-W41\w 27.14' S43'40'O6' 9.94' �\ ELECTRICAL EASEMENT PER REC NO. 8807111069 1 1\1\ MODIFIED EASEMENT AREA S S tri nN0.2 3 3 v s7' N14130 O`D1}VC'Sl S g�69 TRACT 8 4- m Tn TRACT 9 MODIFIED VACATED S8825'271 224.93'(D) S8825'22'E 224.89 (C) EASEMENT AREA EASEMENT AREA CALCULATED MEASURMENT DEED MEASURMENT NTS LEGEND (C) (0) 15.00' 1 15' 111 to Z 0 Lo Lz in W ce 4 0 re O G z 4 SIOEWALK/UTILITY EASEMENT STERLING SOUTHCENTER ALLIANCE RESIDENTIAL COMPANY TUKWILA KING COUNTY WASHINGTON BUSH, ROED & HITCHINGS, INC. LAND SURVEYORS & CML ENGINEERS Cao 2009 MINOR AVE. EAST (206)323-4144 am SEATTLE. Washington DATE: 11n7/17 981 02-3 51 3 JOB NO.: 2016103.02