HomeMy WebLinkAbout1994 - Easement - JCPenney Properties - 9408290324Ea,E „E „r FILE UPY�
2( 19-Y by and between
THIS AGREEMENT, made this day of
the City of Tukwila, a municipal corporation of King County, Washington,
hereinafter termed "Grantee” and J. C. Pennev Prooerties, Inc., hereinater termed
"Grantor
WITNESSETH:
Grantor, for valuable consideration, does by these presents grant unto the
Grantee a perpetual right -of -way easement for curb and gutter, sidewalk, and
underground utilities (exclusive of high- pressure gas lines) with the necessary
appurtenances through, over and across the property described on Exhibit A
which property is situated in King County, Washington.
Grantee shall have the right, without prior institution 'of any suit or
proceeding at law, at times as may be necessary, to enter upon said property,
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for the purpose of constructing, repairing, altering or reconstructing said curb
O and gutter, sidewalk, and underground utilities, or making any connections
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therefor; provided that such constructing, repairing, altering or reconstructing
of said curb and gutter, sidewalk, and underground utilities shall be
accomplished in such a manner that the private improvements existing in this
right -of -way shall not be disturbed or destroyed, or in the event they are
disturbed or destroyed, they will be immediately replaced in as good a condition
as they were immediately before the property was entered upon by the Grantee.
The Grantor shall retain the right to use the surface of the property
encumbered by said easement, so long as said use does not materially and
adversely interfere with the installation and maintenance of the curb and gutter,
sidewalk, and underground utilities and so long as no permanent buildings,
structures or improvements are placed on the surface of the property encumbered
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by said easement. This easement shall be a covenant running with the land and
shall be binding on the successors, heirs and assigns of both parties hereto.
The Grantee agrees that the utilities permitted by this easement shall at
all time be located underground.
The Grantee agrees that the easement herein granted shall be subject to
all existing rights and easements affecting the property described on Exhibit
The Grantee agrees that it will not interfere with the operation of the
Grantor's business or with the parking areas or access roads in the exercise of
Grantee's rights herein.
The Grantee agrees to pay for all costs incurred in constructing and
maintaining the curbs and gutters, underground utilities and sidewalks
contemplated by this agreement.
The Grantee hereby agrees to repair, at its own expense, all damage or
disturbance which may be caused to the land of the Grantor as a result of the
exercise by Grantee of its rights herein.
The Grantee hereby agrees to defend, indemnify and hold Grantor harmless
against all claims, losses, damages, liability, and expense, including attorneys'
fees, in connection with loss of life, bodily or personal injury or property
damage, arising from or out of Grantee's acts or omissions in connection with
the easement herein granted.
Should the Grantee abandon the easement for the purposes above stated, or
in the event that the improvements to be constructed by Grantee are not
constructed, or are substantially destroyed and not rebuilt within twelve months
after such destruction occurred, and Grantee is not diligently working to rebuild
same, then said easement shall revert to the Grantor, its successors and assigns.
Grantor reserves the right to grant future easements over, across and
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through the property described in Exhibit "A" so long as said future easements
do not prevent Grantee from using the easement herein granted for its
contemplated purposes.
GRANTOR:
GRANTEE:
J. C. PENNEY PROPERTIES, INC.
By: V
Its: aUrE-*Pjresyent APPRO
ATTEST:
ATTORNEY
Assis ant Secretary
CITY OF TUK
M or
A TEST:
i y Clerk
proved as to�f
ii.y Attorney
STATE OF WASHINGTON
O
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ss
County of King
On this day of
a Notary Public in and for t o St t4 of
personally appeared Sokv�). koa.w'r'
to me known to me to be the Mayor ar
TUKWILA, the municipal corporation th
acknowledged the said Easement to be th
municipal corporation, for the uses an(
stated that they are authorized to exe
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19 before me, the undersigned,
Washingt d ly commissioned and sworn,
and \&VL C e a_ h
J City Clerk, respectively, of CITY OF
at executed the foregoing Easement and
free and voluntary act and deed of said
purposes therein mentioned, and on oath
:ute the said Easement.
WITNESS my hand and official seal hereto
above written.
A Q
v NOTARY ``cr
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N O f WAVff '0'
STATE OF TEXAS
affixed the day and year first
NOTARY PUB in and for the
State Wa s hLngton, residing
at ,.,(.cam i r,/kt
SS.
County of Collin
On this day of 192; before me personally appeared
RAY d EMMA to me known to be the VICE-2PP. of
the corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument and that the seal affixed is
the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
9
GIVEN UNDER MY HAND AND OFFICIAL SEAL the ��y of
EcTTY SUE
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6,CY�4� ,E
Not2ry Public. State of texas B
My Commission EXPOS 2 G5 90 Notary Public i n� d for the State of Texas,
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residing at said Count
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EXMBIT A
PARCEL 608
J,EGAL DESCRIPTION EASEMENT
The north 5.00 feet of the south 35.00 feet of the west 295.00 feet of the following
described parcel:
That portion of the northeast quarter of the southwest quarter of Section 26,
Township 23 North, Range 4 East, W.M., in King County, Washington,
described as follows:
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Commencing at the east quarter corner of said Section 26;
thence north 88 °05'42" west, 2,678.68 feet along the north line of the southeast
quarter of said Section 26 to the east line of said southwest quarter of said
Section 26;
thence south 01 °12'25" west 1,318.32 feet along said east line to the south line
of the northeast quarter of said southwest quarter;
thence along said south line north 87 °55'53" west 185.28 feet to the TRUE
POINT OF BEGINNING:
thence continuing north 87 °55'53" west 439.92 feet to the east right -of -way
line of Sout center Parkway (72 feet wide, also known as 57th Avenue South);
thence north 1'08'35" east 314.59 feet along said east right -of -way line to a
tangent curve to the right having a radius of 25.00 feet;
thence northeasterly along said curve through a central angle of 90 °55'31 an
are distance of 39.67 feet;
thence south 87 °55'53" east 371.43 feet;
thence north 02 °04'07" east 10 feet;
thence south 87 °55'53" east 48.00 feet;
thence south 01'58'27" west 349.95 feet to the TRUE POINT OF
BEGINNING.
AND that portion of the north 30 feet of the south 65.00 feet of the west 28.00 feet of
the afore described parcel lying soutliwesterly of a line between the northwest corner
and the southeast corner of said north 30 feet of the south 65.00 feet of the west 28.00;
Situate County of King, State of Washington.
Minkler Boulevard
84 -RW07
a
SPECIAL WARRANTY DEED
COPY
The Grantor, J. C. Pennev Properties, Inc.. a Delaware Corporation, whose address
is P.O. Box 10001, Dallas, Texas 75301 -2105 (Attention Real Estate Counsel),
for and in consideration of the sum of Ten Dollars ($10.00) in hand paid, does
hereby SELL and CONVEY to THE CITY OF TUKWILA, the Grantee, the following
described real estate:
As described in Exhibit "A" attached hereto and incorporated herein
by reference (the "Property"), subject to the permitted exceptions
described in Exhibit "B" attached hereto and incorporated herein by
reference.
Except as above set forth, Grantor, for itself and its successors and assigns,
warrants that it has not done, nor suffered to be done, anything whereby the
Property hereby granted is, or may be, encumbered or charged, and warrants and
will defend the premises unto Grantee, and its successors and assigns, against
any person lawfully claiming or to claim the same or any part thereof by, through
and under Grantor, but not otherwise.
Situated in the County of KING, State of Washington.
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Dated IV 1994
Witness
J. C.
APPROVED I) PROPERTIES, By I 7EY
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Sl�'F V /Cu- Preside'
A71ORNE( ATTEST:
AssisYnt Secretary
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GRANTEE: CITY OF TUKWILA
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John W. Rants, Mayor
ATTES
E. Cantu, City Clerk
roved as to form:
ity Attorney
STATE OF WASHINGTON
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County of King
On this (J day of 19�, before me, the
undersigned, a Notary Pub �iand for the State f Washington,
dq}}y commissioned and sworn, personally appeared o X11
ka '41 5 and <'a,h f'u known to me to
be the Mayor and City Clerk, respectively, of CITY OF TUKWILA,
the municipal corporation that executed the foregoing Easement
and acknowledged the said Easement 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 they are
authorized to execute the said Easement.
WITNESS my hand and
year first above written.
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NOTARY `w
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official eal hereto affixed the day and
NOTARY PUBIS in and for th St e
of Washington, residing at Kcv
STATE OF TEXAS
SS.
County of Collin
On this 'day of 19 before me personally appeared
_FAR &e to me known to be the VICE �;�tT of
the corporation that executed the within and foregoing instrument; and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument and that the seal affixed is
the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written. J� /J
GIVEN UNDER MY HAND AND OFFICIAL SEAL the�4y of 6 —f 19�1�
Notary Public i n!T or the State of Texas,
residing at said County.
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EXHIBIT A
PARCEL 605
LEGA DESCRIPTION RIGHT OF WAY.
The south 30.00 feet of the northeast quarter of the southwest quarter and of the
northwest quarter of the southeast quarter of Section 26, Township 23 North, Range 4
East, W.M., lying within the following described parcel:
That portion of the northwest quarter of the southeast quarter and the northeast
quarter of the southwest quarter of Section 26, Township 23 North, Range 4
East, W.M., in King County, Washington, described as follows:
Bcginning at the northeast corner of the southeast quarter of said Section 26;
thence north 88 °05'42" west along the north line of said southeast quarter, a
distance of 1998.68 feet to the west line of the east 659.34 feet of said.
northwest quarter of the southeast quarter;
thence south 01 °47'29" west along said west line, a distance of 658.25 feet to
the true point of beginning;
thence continuing along said west line, a distance of 662.05 feet to the south
�2 line of said northwest quarter of the southeast quarter;
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thence north 87 °55'02" west along said south line, a distance of 666.56 feet to
the southeast corner of the northeast quarter of the southwest quarter of said
Section 26;
O thence north 87 °55'53" west along the south line of said northeast quarter of the
southwest quarter, a distance of 631.20 feet to the easterly margin of the Mess
Brothers County Road No. 972;
thence north 01 °08'35" east along said easterly margin a distance of 660.17
feet;
thence south 88 °00'36" east, a distance of 1305.23 feet to the true point of
beginning;
EXCEPT that portion of said northeast quarter of the southwest quarter
described as follows:
Commencing at the east quarter corner of said Section 26;
thence north 88 °05'42" west, 2,678.68 feet along the north line of the southeast
quarter of said Section 26 to the east line of said southwest quarter of said
Section 26; (Continued)
Page 1 of 2
Minkler Boulevard
84 -RW07
EXHIBIT A
PARCEL 605
LEGAL DESC$PTION RIGHT OF WAY (Continued)
thence south 01 °12'25" west 1,3.18.32 feet along said east line to the south line
of the northeast quarter of said southwest quarter;
thence along said south line north 87 °55'53" west 185.28 feet to the true point
of beginning;
thence continuing north 87 °55'53" west 439.92 feet to the east right -of -way line
of the Southcenter Parkway (72 feet wide, ALSO KNOWN AS 57th Avenue
South);
thence north 1 °08'35" east 314.59 feet along said east right -of -way line to a
tangent curve to the right having a radius of 25.00 feet;
thence northeasterly along said curve through a central angle of 90 °55'31 an
arc distance of 39.67 feet;
C1 thence south 87 °55'53" east 371.43 feet;
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m thence north 02 °04'07" east 10 feet;
thence south 87 °55'53" east 48.00 feet;
m thence south 01 °58'27" west 349.95 feet to the true point of beginning;
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0 Situate County of King, State of Washington.
A
Page 2 of 2
Minkler Boulevard
84 -RW07
Exhibit "B"
Permitted Exceotions
1. Building and zoning laws, ordinances and State and Federal regulations
existing at the date of closing.
2. Real estate taxes and assessments, both general and special, not yet due
and payable.
3. Any state of facts an accurate survey may show.
4. Existing leases and tenancies.
5. All restrictions, encumbrances, reservations, limitations, conditions,
easements, agreements and /or other matters affecting the Property if of
public record.
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SPECIAL WARRANTY EED
FILE COPY
The Grantor, J. C. Penney Properties, Inc., a Delaware Corporation, whose address
is P.O. Box 10001, Dallas, Texas 75301 -2105 (Attention Real Estate Counsel),
for and in consideration of the sum of Ten Dollars ($10.00) in hand paid, does
hereby SELL and CONVEY to THE CITY OF TUKWILA, the Grantee, the following
described real estate:
As described in Exhibit "A" attached hereto and incorporated herein
by reference (the "Property subject to the permitted exceptions
described in Exhibit "B' attached hereto and incorporated herein by
reference.
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Except as above set forth, Grantor, for itself and its successors and assigns, cri
warrants that it has not done, nor suffered to be done, anything whereby the M
Property hereby granted is, or may be, encumbered or charged, and warrants and
will defend the premises unto Grantee, and its successors and assigns, against
any person lawfully claiming or to claim the same or any part thereof by, through ti
and under Grantor, but not otherwise.
Situated in the County of KING, State of Washington.
Dated Suzy -201 1994
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Witness=
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J. C. 3PF PROPERTIES, INC.
By: APPROVED ,S L✓ Presid'nt
A77ORNEY ATTEST:
Assi ant Secretary
MITT aim goo SO40333 hINA03 SRI% Ntl 00 UEO -62M
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GRANTEE: CITY OF TUKWILA
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John W. t Mayor
ATTEST:
Ja E. Cantu, City Clerk
Approved as to form:
1 :;6,4 Z P
tity Attorney
STATE OF WASHINGTON
ss
County of King
On this day of 191,
before me, the
undersigned, a Notary Pub c i and for the State of Washington,
C1 ly commissioned an worn, personally appeared JDAn
C`2 GZr1� -S and n e- e' wl known to me to
be the Mayor and City Clerk, respectively, of CITY OF TUKWILA,
the municipal corporation that executed the foregoing Easement
and acknowledged the said Easement to be the free and voluntary
act and deed of said municipal corporation, for the uses and
G purposes therein mentioned, and on oath stated that they are
authorized to execute the said Easement.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
�O`���,1A SQVq'�,�� NOTARY PUALXt in and for the to e
G.•��ssionr 9 of Washington, residing at
NOTA 9i' i
Kam
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s
STATE OF TEXAS
SS.
County of Colli n
On this da of 19�before me personally,�.ap eared
RkYNnn j. 5t "�A 7`to me known to be the VICE P,- c��;���VT of
the corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument and that the seal affixed is
the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the
day and year first above written.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the may of �i U Ig_.
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�f ;�l SUE N����d'�r�;'t'
NcIlry Public, State of Texas By:
ur; wt, camminion Expires 2.05 Notary Publ i c i d for the State of Texas,
residing at in said County.
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EXHIBIT A
PARCEL 608
J,EGAL DESCRIPTION RIGHT OF WAY
The south 30.00 feet of the northeast quarter of the southwest quarter of Section 26,
Township 23 North, Range 4 East, W.M., lying within the following described parcel:
That portion of the northeast quarter of the southwest quarter of Section 26,
Township 23 North, Range 4 East, W.M., in King County, Washington,
described as follows:
Commencing at the east quarter corner of said Section 26;
thence north 88 °05'42" west, 2,678.68 feet along the north line of the southeast
quarter of said Section 26 to the east line of said southwest quarter of said
Section 26;
thence south 01 °12'25" west 1,318.32 feet along said east line to the south line
of the northeast quarter of said southwest quarter;
thence along said south line north 87 °55'53" west 185.28 feet to the TRUE
POINT OF BEGINNING:
thence continuing north 87 °55'53" west 439.92 feet to the east right -of -way
line of Southcenter Parkway (72 feet wide, also known. as 57th Avenue South);
thence north 1'08'35" east 314.59 feet along said east right -of -way lire to a
tangent curve to the right having a radius of 25.00 feet;
thence northeasterly along said curve through a central angle of 90 °55'31 an
arc distance of 39.67 feet;
thence south 87 °55'53" east 371.43 feet;
thence north 02 °04'07" east 10 feet;
thence south 87 °55'53" east 48.00 feet;
thence south 01'58'27" west 349.95 feet to the TRUE POINT OF
BEGINNING;
Situate County of King, State of Washington.
d'
Minkler Boulevard
84 -RW07
Exhibit "B"
Permitted Exceations
1. Building and zoning laws, ordinances and State and Federal regulations
existing at the date of closing.
2. Real estate taxes and assessments, both general and special, not yet due
and payable.
3. Any state of facts an accurate survey may show.
4. Existing leases and tenancies.
5. All restrictions, encumbrances, reservations, limitations, conditions,
easements, agreements and /or other matters affecting the Property if of
public record.
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