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HomeMy WebLinkAbout1969 - Bill of Sale of Utility Facilities and Utility Right-of-Way Agreement - Southcenter Shopping Center Corporation / Boncom Corporation / Allied Stores Corporation/ Connecticut General Life Insurance Company - 6511064RLS:jg 11-19-6R 65:1_ _n64 - you • , F6E. GI. BILL OF SALE OF UTILITY FACILITIES AND UTILITY RIGHT-OF-WAY AGREEMENT THIS AGREEMENT entered into this 4/4 day of 9� Y f96�', by and between/SOUTHCENTER SHHOPPING CENTER CORPORATION, hereinafter called "Sou//thcenter," BONCOM CORPORATION, herein- after called '"Boncom,"VA LLIED STORES CORPORATION, hereinafter called "Allied," and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, hereinafter called "Connecticut," and the CITY OF TUKWILA, a municipal corporation, hereinafter called "the City"; W ITNESSET H: RECITALS: A. Connecticut is the owner of the real property described in Exhibit "A" attached hereto and by reference thereto made a part hereof. Boncom is the owner of the real property described in Exhibit 'B" attached hereto and by reference thereto made a part hereof. The real properties described in Exhibits "A" and "B" are hereinafter referred to as the "Shopping Center." B. Southcenter has leased the real property described in Exhibit "A" from Connecticut which lease, by its terms, expires i'sJPtfi on March 31, 2018. A short form of said lease is recorded in a (f Volume 218 of Leases, page 229, records of the Auditor of King County, Washington. C. The real property described as Parcels 1 and 2 in Exhibit "B" is now held by Southcenter under lease dated March 31, 1966, a short form of which is recorded in Volume 218 of Leases, page 251, records of the Auditor of King County, Washington. The real property described as Parcel 3 in Exhibit "B" is now held by Allied under lease dated March 15, 1967 and recorded in Volume 226 of Leases, page 30, records of the Auditor of King County, Washington. D. Connecticut and Boncom, at their expense, installed sanitary sewer trunk lines and laterals, storm sewer trunk lines and laterals and water mains and laterals to serve the Shopping Center on the real property described in Exhibits ‘7" "A" and "B." Said lines and mains are hereinafter referred to as the "Utility Lines." E. The City is willing to maintain the Utility Lines on condition that the title to the Utility Lines is conveyed to the City. NOW, THEREFORE, in consideration of the agreements herein- after contained, the parties do hereby agree as follows: 4.'''Connecticut and Boncom, in consideration of $1.00 in hand paid, and the agreements of the City herein contained, do hereby sell, transfer and assign to the City, the sanitary sewer trunk lines and laterals, the storm sewer trunk lines, and laterals and the water mains and laterals now installed in the Shopping Center and shown on Exhibit "C" hereto. The City agrees to maintain said Utility Lines con- veyed to it in working condition at its own expense and, with- out limiting the foregoing, agrees to make all necessary repairs and replacements in order to keep said Utility Lines in operating condition. The City shall not be liable if the failure of any of said Utility Lines to operate is due to causes beyond its control. 3. 4,ConnectIcbt_shalretaiw,titletoAhe*Iff+VStatiiin which plyapsoswagadstorm drainage into the ma1n lilies and - 4"400. 015elty.,',4shal,1:2719-1.itAtig re s pon 8 ibleif trej, t he ..,:tope.rationUp.xuma4Atppa,..pp.e,v leAtgglAWIXtUtAtlitin• 4 4. Connecticut hereby gives and grants to the City, a nonexclusive easement in, on and to the real property described in Exhibit "A" attached hereto, for the purpose of entering -2- ..Prt upon said land ; change, repair, renew, he, inspect, maintain and operate any of said Utility Lines at the loca- tions shown on Exhibit "C." Connecticut shall have the right to give to any other public utility, a nonexclusive easement for the use of the real property described in Exhibit "A" for the purpose of installing, changing, repair- ing, renewing, removing, inspecting, maintaining and operating any other utilities and services. The City shall bear the cost of repairing the surface of the ground, including the black - topping, in case it is broken into by the City for the purpose of servicing said Utility Lines. Connecticut and Southcenter shall have the right to use the surface of the real property described in Exhibit "A" for any purpose which will not interfere with access thereto by the City, including, without limiting the foregoing, the right to blacktop said real property and to park cars thereon. The City does hereby indemnify and agree to hold harmless the other parties hereto against any claims for damage or injury by any third parties arising out of fault or neglect of the City arising out of its use of the easements granted to it hereunder Or its operation and maintenance of the Utility Lines conveyed to it hereunder. 5. Boncom hereby gives and grants to the City a nonexclusive easement in, on and to the real property described in Exhibit "B" attached hereto for the purpose of entering upon said land to change, repair, renew, remove, inspect, maintain and operate any of said Utility Lines at the locations shown on Exhibit "C." Boncom shall have the right to give to any other public utility a nonexclu- sive easement for the use of the real property described in Exhibit "B" for the purpose of installing, changing, repairing, renewing, re- moving, inspecting, maintaining and operating any other utilities and services. The City shall bear the cost of repairing the surface of the ground, including the blacktopping in case it is broken into by the Cit -3- ; for the purpos f servicing said Utility :nes. Boncom and Southcenter shall have the right to use the surface of the real property described as Parcels 1 and 2 in Exhibit "B" for any purpose which will not interfere with access thereto by the City, including, without limiting the foregoing, the right to blacktop said real property and to park cars thereon. Boncom and Allied shall have the right to use the surface of the real property described as Parcel 3 in Exhibit "B" for any purpose which will not interfere with access thereto by the City,including, without limiting the foregoing, the right to blacktop said real property and to park cars thereon. 6. Southcenter, as the Lessee of the real property described in Exhibit "A" and described as Parcels 1 and 2 in Exhibit "B," hereby joins in and consents to the conveyance of the Utility Lines to the City and to the granting of the easements herein contained to the City. 7. Allied as the Lessee of the real property described as Parcel 3, in Exhibit "B", hereby joins in and consents to the conveyance of the Utility Lines to the City and to the granting of the easements herein contained to the City. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. THE CITY OF TUKWILA ATTEST: By 1 -4 ATTEST: P. H Finley, Assistant Secrerfy ATTEST: CONNECTICUT GENERAL LIFE IN COMPANY BY H. N. Nielson, Second Wee Pressing SOUTHCENTER SHOPPING CENTER CORPORATION By kArk:4?— President —4— . 4e7"..iCAria\ ' ATTEST:' .• AT*4174 Blue-pnnt on file In Va ult. •:,0411/Titecie0;MIey. CONNECTICUT GENERAL LIFE INSURANCE BONCOM CORPORATION By 17t4A/ President ALLIED ORES CORPORATION By./ under that certain mortgage Corporation, as Mortgagor, No. 6158144 at Volume 5388 k4T COMPANY as Mortgagee dated March 15,.1967 from Boncom 1 , as recorded under Auditor's File of Mortgages, page 498, records of King County, Washington, does hereby consent to the foregoing conveyance by Boncom Corporation to the City of Tukwila, Washington. ATTEST: .•"2 7,1 P. H. Tinley Assistant Secretary —5— CONNECTICUT GENERAL LIFE INSURANCE COMPANY By H. N. Nielson, SeconWef-dtri J • j eior 7114146 I/7 "‘ (.11 PALE. STATE OF WASHINGTON) COUNTY OF KING ss. On this ‘, of personally appeared ''• ' , 196f, before me to me known to be the ITY OF TUKWILA, the corpora- tion that eXcuted the within and foregoing instrument, and acknowledged the 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 was authorized to execute the said instrument, and that the seal affixed is •,,,,, thiS corporate seal of said corporation. .... N WITNESS WHEREOF, I have hereunto set my hand and seal the day and year last above written. A a, t- STATE OF CONNECTICUT) ss. COUNTY OF HARTFORD ) SYM.)., •• -:•"; • figed • t\\flt v • 0 • e4., Notary ?)u6te= an or the St of Washington, residing at Ck_ On this 19th day of February , 194, before me personally appeared H. N Nielson , to me known to be the Second Vice President of CONNECTICUT GENERAL LIFE INSURANCE COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses diu0„1 and purposes therein mentioned, and on oath stated that he was 0, Vflrl authorized to execute the said instrument, and that the seal affixed is the corporate seal of said corporation. u. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. ri.:;;*5; • • - • • !At 4 ,v,vt aoNot Public •• ; • ,,:=1 n Reardon ' My uommirsion Expires: March 31 ' 0,) STATE OF WASHINGTON) ) :SS.. COUNTY OF . G) • On this LP — day of1961, before me personally appeared it. E. BOYS , to e known t e the President of SOUTHCENTER SHOPPING CENTER CORPORATI , the cor ration that executed the within and foregoing instrument, and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that‘heliksuthorized to execute the said instrument, and that th'sea1U4ted is the corporate seal of said corporation. .IN WITN. WHEREOF, I have hereunto set my hand and affixed My•„officiak "03J. the day and year last above written. . . _• • ary Public in arid for the County -King, residing at Seattle :141")/-. ; - 196$, -before me person - le known to be the President of ion that executed the within and •ledged•the said instrument to be eed of said corporation, for the , d n..on oath stated that he £d instrument, and that the seal s aid.corporation. hereunto set my hand and affixed r lastabove written. Notary Publi nary ct:a YrrK N: zC-7r .:'i° Cot.:y Certiiis :e 'v Yc1;County Torn Ee:;Ires Marcie o5,1977 ,.1968, before me person - to me known to be the 'ORES CORPORATION, the corporation egoing instrument, and acknowledged •fie and voluntary act and deed of .nd purposes therein mentioned, and 'rized to execute the said instru- is the corporate seal of,said lereunto set my hand and affixed .r last above written. Notary Pub THOMAS U. HUGHES ' ' Notary Piddle. Slate at Hew York ' No. 30-7000975 Nassau County Certificate tiled In New York County Term Expires March 39,1970 1. otho Northeat . '.' • . . SOCtiOn 2G, That 7oortion of Northwest %1- f s 4 .Tast, W. and of the Northeast -.4 ,f thn Northwest v c. sa_a Sort'on 16, and of the Southwest i- of the Southeast -, of Section 23!.soid , To:. -on And range, and of the Southeast + of the Southwest of saia Section 4, an' of the '-nterurban 'Addition to Soattlo, as recorded in Volume 10 of Flats, on 35, records of King County, Washington, and of Brookvale Garden .racts az Volume 10 of Plats, on page 47, records of Xing County, and of Ise '.. H. 3'll'am Donation Land Claim No. 40, described as follows: '' -- id at the Northwest corner of the North east - of the Northeast o. -a '- 3oz...ion 26; __ _a ‘...... thonco North 0°12109" West along the'Northerly produrtion of the West line of said subdivision 406.49 feet; • ..:.) -.,enoe South S9°,7151" West 30 foot to the West margin of Andover ?ark West and the T71.10 point of beginning; thence North S7°2511311 West 526.42 feet; • thence :::orth 0°19136" East 178.75 feet to the beginning of a curve to the right of 45 foot radius; . thence along said curve 45.96 feat to a point of compound curve; thence along a curve to the right of 122.35 foot radius 63.68 feet to the souther: narrin of Tukwila Parkway as deeded to tho'City of Tukwila and recorded under Auditorls File c). 5735981, records of King County; Washington; t'nenee South as°401con West along said Southerly margin 76.15 feet to the beginni of a curve to the right of 1472.39 foot radius; thence along said curve and Southerly margin 423.38 feet; thence North 7.451130" West along said Southerly margin 407.05 feet to the heginning of a curve to the left of 552.62 foot radius; thence along said curve and Southerly margin 507.99 feet to a point of compouni curve to the left of 341.73 foot radius; thence along saidcurve and Southerly andSoutheasterly margin 315.05 feet;, thence South 89°39100" West 4.00 feot.to the East rargin of 57th Avenue South as 'dooded to the City of Tukwila and recorded under said Auditor's File No. 57359E11; b•ue-prOP thence South 0G2110G" East along said East nargin 438.12 feet toan angle point (.-1 fi18 In terein; '-,11,1t thence South 0°23'45" East along said East margin 633.44 feet to the Northerly line of State Highway right-of-way; • . . thence North 89°52142" East along said Northerly lino 5.31 feet to the Easterly line of said State Highway right-of-way; thence South 0 07118" East along said Easterly line 134.50 feat to the Southeast line of said right-of-way; tncnce South 43°25105" West along said Southeasterly line 6.74 feet to aforesaid East margin of 57th Avenue South; thence South 0°23145" East along said East margin 471.45 feat to the beginning o curve to the left of 50 foot radius; thence along said curve 77.70 feet to a point of tangency on the North line of South 1L,th Street as deeded to the City of Tukwila by Quit Claim Deed from Scuz.heenter Corboration on 14 February 1963; thence South 89°26'22" East along said North line 568.31 feet; thence South 89°30156" East along said North line 1255.52 feet to the bning of a curve to the left of 50 foot radius; thence along said curve 79.14 feet to the West line of Andover 71rk 'v:as---, ,s ceeded to the City of Tukwila by Quit Claim Deed fro= Southcenter Corporation o: 1 :over:ser 1962; thence North 0°12109" West along said West line 1652.93 feet to the true ro4nt i seginning; Excepting therefrom the property described in Exhibit "B" attached hereto. 1 EXHIBIT • •'` _ portion the northwest quarter of tho northeast quarter of section 26, tGS, .:::i 7 23 •. ..:: ;_--o .4 east, t•l.R., and of tho northoast quarter of tho northwestA ter id. • Of the `litquarter of "tow.."`'=y, v•� and. vast quarter of tho southeast quertor of :section 23, said.r� drange, nd. of the southeast quarter of the southwest quarter off said. sec 3, and o= the µ-••terurban Addition to Soattlo as recorded in vola:,o 10 or ?fats, pc,C'= 55,- • - e= Xing Cou= �y, i'laol:ington, and of 3rookvalo Carden Tracts as recorded in Voltame iC `- 7-lats., page 47, records of said county, and of the W. N. Gilliam. Donation Land ' .._.._...No. 40, cucribed as follows: Co,-.. ••.._ g at the southwest corner of the southwest quartor of !quarter. .:tenon N 6 0 2the oo o cast cot f said section 23; �°4 ' ?," W along the westerly extension of the scuth ..- he.reof 217.03 feet; thence \;.C°19136" E. 40.00 foot to tho Truo ?oir.. of ;; '" S foot;thence N 0e s 4�'v„ t :once 5 S9°40 2f 151.60 ytr, °19'36" E i8?.,CO co` :.e :aa 4, S .. 406.80 feet; thence S 0°19136" t•1 182.00 feet; thence 3 69°40'24"` ,C.r ' -• 23•fect; t`:cnco N 0°19'36" 366.34 feat thence S 87°25113" 3 253.52 feet; ,� thance X 0°19'36" 2 208.77 feat to the beginning of a curve to the right of 45 foot -- r`-_-; d_- t alor. scid curve 4 6 fee y� v` V 5.9 t to a point of compound curve; thence -�' v to `ho icht of 122.35 foot radius, 63.63 feet to the souther` .. + :'' r t::ay as doodad to the Cityof TuI: �o rr"_r. :.`� � � "•�: "" trl.la and recorded ur.d°r ?.u::itcr' ^ ' \ 5735931, records o. Xing County, i':astington; thence S 88°40'CO" so-otheriy margin 76.15 feet to the beginning iY fa1 ot radius; . thence � . _ ^„ _nnin„ of a cw'^va to the right- of ::,72.39 • • s; t nce along said curve and southerly margin •,V `7�'30 �: :G-z �� � SOU` y "ama 4.2j.J0 fCCL; t:u^.:CJ 7y said southerly margin 407:05 feet to tho beginning of :. curve. tot left ofy552.62 root radius;.tharce along said curve and southerly margin @ pjtOt Ls5.63 :Jet to L point from which tits True Point of Beginning boars S 0b� _9'36 file In ca ' 0'19'36" ;: 733.90 fact to the, f; �r _2.C5 True ?girt of Boginnir.g, • llt, _-t •• • Acres Situated in King County, trashingtori, ?A.R0,_, 2. • - portion of the northwest quarter of the " northeast quarter of section 26, t_,.74.• ✓ 23 north, Tango 4 oast, t•1.::,, and of the northeast quarter of tho northwest 4-carte c: saidsection 26, and of.'the southwest quarter of tho southeast quarter of -'-"on 23, said township and range, and of the southeast quarter of the southwest quartar%of said section 23, and of tea Interurban Addition to Seattle as recorded_in ID 02 ?lots, paf,CK� County "� 55, records of King , tlas:;i.,•Ytea, and of srooavalo Garden^ recorded in. Volume 10 of Plat r . of ,..._ Tracts.Gilliam'Donation� _ s, page 47, records of said county,a :d Lind Claim No. 40 des od as Ccr.;,..-, - , crib follows: • •• a. the southwest corner of -the southwest quarter of tha sot^east qtal,rter o: srid section 23; thence S. 89°40.24. 2. along the s said southwest southerly line id _t `-res quarter 341.40 feat; thence N.00°19'36" 107.75 feet to�iho° i ; of beginning; t*:anco continue N. 0 19136" 114.25fen •: `.2 . 1.06.80 feet;h 0 foot; eh thence thence S. 0 19'36" W. 1La.2- feet- 52 ,0 _cot; t cmco N. 0°19136" 27.42r. " 2. 6. _y oat; =. ......r.c�� SG° 6 :Jot; 'hence 5. S9 40'24" Z. 226.00 _...;- 19r3 „ W. 27.42 foot,`� thenco S. E9°40'24" �.� 0, 0 .�•;; of bogi ring, situated in King 9 o `0 to tho true taintCounty, 1Jashington. ...., ._..... 0.92 Acres PARCEL 3. A parcel of land located in the City of Tukwila, County of King, State of Washington, being that portion of the Northwest t of the Northeast 1/4 of Section 26, Township 23 North, Range 4 East \V.M , and of the Northeast 1/4 of the ,Northwest 1/4 of said Section 26, and of the Southwest 1/4 of the S'o::tLcast 1 of Section 23, said Township and Range, and of the Southeast 1/4 of the Southwest 1 of. s;ac Section 23, and of the Interurban Addition to Seattle, as per plat recorded in Volume 10 of Pacts, on page 55, records of King County, and of Brookvale Garden Tracts, as per plat recorded in Vo!ur.:e 10 of Pacts, on page 47, records of King County, and of the W. H. Gilliam Donation Land Claim No. 40, described as follows: . Beginning at the Northwest corner of the Northwest 4 of the Northeast 1/a of said Section 23; thence Smolt S9°40'2-1" East along the Northerly line of said Northwest 1/t, 25.00 feet; thence South C`19'33" West 10.83 feet to the true point of beginning; thence continue South 0°19'36" West 133.17 fro;; thence South 89°40'24" East 2C6.00 feet; thcncc North 0°19'36" East 96.03 icct; thence South 85`4C'21" East 72.00 feet; thence North 0°19'36" East 42.17 feet; thence South S9'400'2-" East ' S0 ice:; hence North 0°19'36" East 36.83 feet; thenco South S9°40'24" East 10.50 feet; thence \or;1 0`15'36" Eat 51.75 feet; thence North 89°40'24" West 90.40 foot; thence North 0°19'35" East :27.42 feet; thence North 89°40'24" West 226.00 feet; thence South 0°19'36" West 27.42 fee S9`•;G'2.1" \Vest 90,40 feet; thence South 0°19'36" West 107.75 feet; thence South S9°402.1" East 10..0 feet; thcncc South 019'36" West 10.83 feet; thence South 89°40'24" East 79.90 feet to the true point of beginning.