HomeMy WebLinkAbout1987 - Amendment 2 to Cross Easement Agreement - Southcenter Joint Venture - 8712211264 After Recording Return to
S I R'
AMENDMEtvI .NO 2 TO CROSS EA$EM4NT
AGREEMENT his' "Amendment ma e. this
1, �j t day of ;c%rr�''Z -1987, by:and among
CCNNEGTICUT GENERAL LIFE INSURANCE COMPANY, a
Connecticut corporation ":.Connecticut
A LI IED STORES r GENERAL REAL EST
ATE CONiPP�NY, a
De aware corporation.{ "ASGREC
C., a Delaware corporation "The
N Bon as
successor 'b met er to Allied Spores' Corpora
Y
t i or ar a .S UTH ER OINT VENTURE,
h general patner.shsp "Soutvhcenter "j
WHEREAS, under ;dn *e of Octaber,31, 1:968, :the
part1es hereto` :or their predecessors zn intere t
enered
into a Cross Easement Agreement (the "4greement with
respect to certain. p;ioperty ]oe in tfre Cit ".y of
rukwi`ia Washington (the "Property" j a shores _form :of a whicn
Agreement of ever. Cate, `was' reco dod on March _31,
under King County Audi:tor's Na 600:8265,:whi¢h`
Agreement was amended. by the certain. dated ,y
1985,.:and recorded with the- King County Div ion. Rz- cords, ana
ti r Recording No. 850628. 582;. and
Elec ..ion under
WHEREAS ASGREC has conveved .to 'co nnecti.c.ua a:'
por.ti on of the Property owned by ASGREC; and.
WHEREAS all of the :partIes wash to_amend ;the
Agreement to reflect the change in,ownershi:p, of-the, portion
of the Property so conveyed;
NOW, TH�R
F EFORE, For .`good .,and valuabl corisidera
tion, the receipt and suff `ciency of which the par
hereby acknowledge, the parties hereby. agree as follows.
1. Pmeridment: E "xhib -its a -nd B and the'=
description of-parcel ',ntained i`n :Exhibit C to
cc the
EXCISE TAX NOT REQUIRED`
:>U ;g 60: Reoocds� D�wsfon
V /5 /10N /WPC,r02)
ay Deputy
3
wi
2
Agreement are hereby deleted in their entirety and
Exhibits A, B and the description of parcel 1 contained in
Exhibit C to this Amendment are substituted in lieu thereof.
2. No Further Modifications. Except as otherwise
provide.i herein, the Cross Easement Agreement, as amended,
and all of its terms and conditions remain in Full force and
effect.
LD
IN WITNESS WHEREOF, the parties executed this
Second Amendment as of the day and year first written above.
CONNECTICUT GENERAL LIFE INSUR-
ANCE COMPANY, a Connecticut
COLpOrdt10I1, ,•at- ;f- c-- :c•`•-
S
by CIGNA INVESTMENTS, C.
by
Titl Assistant yide Presid; ii
ALLIED STORES GENERAL REAL
ESTATE COMPANY, a Deiawaze
corporation,
by r J
T i't i e F �ffis� enf
THE BON, INC., a Delaware
corporation,
by
Td t 1 e; S C4 eSjde t
GERHARD %5/10N /WPC /02
3
SOUTHCENTER JOINT VENTURE, a
General P 7ersh;p,
by
Richard E. Jacob-
General Partner
by /7
W4 David 14...'Jacobs
Genera Partner
,GER.HARD, iQl
4
STATE OF Connecticut
ss.: Bloomfield
COUNTY OF Hartford
I certify that I know or have satisfactory evi-
q* dence that the person appearing before me and making this
acknowledgment is the person wh se true signature appears on
this document.
r■4
On this 14th day of December 1987, before
me parsonaliy appeared Leon Pouncy to me known to be
p,) the Assistant Vice Presidentof CIGNA INVESTMENTS, INC., the
corporation that executed the within and foregoing instru-
ment on behalf of Connecticut General Life Insurance
Company, 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 /she wac authorized to execute said instrument and that
the seal affixed, if any, is the corporate seal of said
corporation and that said corporation was authorized to
execute said instrument on behalf of Connecticut General
Life Insurance Company.
WITNESS my hand and seal hereto affixes, „-the day
and year first above written. L
Notary Public in and- for, the
State of Connecticut, iesid.in_ Z a.=
at 900 Cottage Grove Rd.,•$loomfiel C ._?6002
my commission expires
Torrie J. Healy
GERHARD/ 6 /l0N /WPC /15
5
STATE OF
ss..
COUNTY OF
I certify that I know or have satisfactory evi—
dence that the person appearinn before me and making this
acknowledgment is the person whose true signature appears on
this document.
On this l �l day of Y�c ky 1987, before
me personal ppeared pl~trickkl,Bawen to me known to be
�j the Vice Vk Sd cf ALLIED STORES GENERAL REAL ESTATE
COMPANY, a Delaware corporation, the corporation that
N executed the within and foregoing instrument, and acknowledged
GO 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 /fie was authorized to
execute said instrument and that the seal affixed, if any,
is the corporate sea'_ of said corporation.
WITNESS my ha-4 and seal hereto affixed the day
Lnd year first above written.
Notary Public in and for the
State of /7 y<: residing
at "1'. -4, s /L: ,J•o;`r�'Y'U
My commission expires
CAROLYN KAPNFR
!Votary Public, State of New York
No. 31- 4864383
Qualified in New York County
Commission Expires July 14, 1988
GER! ?ARD/ 5 l UN 021
6
STATE OF A
ss
COUNTY OF c k
I certify that I know or have satisfactory evi-
denca that the person appearing before me and making this
acknowledgment is the person whose true signature appears on
this document.
On this i i, day of 1987, before
VA me person. ly appeared. patrj0VH.B0wen to me known to be the
V1CtVC00 of THE BON, INC., a Delaware corporation, the
C1 corporation that executed the within and foregoing instru-
ment, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses
and purposes therein mentior.ed, and on oath stated that
he /a6e was authorized to execute said instrument and that
the seal affixed, if any, is the corporate seal of said
corporation.
WITR my hand and seal hereto affixed the day
and year first above written.
?votary Public ih and for the
State of residing
my `commission expires
CAROLYN KAPNER
Notary Public, State of New York
No. 31- 4803383
Qualified in New York County
Commission Expires July 14, 1 988
[GERHARD/ 5/10:3 /WPC /04?
7
STATE OF OHIO,
COUNTY OF CUYAHOGA,)
I certify that I know or ha satisfactory evi-
dence that the persons appearing Lefore me and making this
acknowledgment are the persons whose true signatures appear
on this document.
J
On this J...6h day of d` -i c.c ?L& 1987, before
me personally appeared RICHARD E. JACOBS and DAVID H.
H JACOBS, to me known to be General Partners of SOUTHCENTER
JOINT VENTURE, a Genera]. Partnership, the partnership that
60 executed the within and foregoing instrument, and acknowl-
edged the said instr ment to be the free and voluntary act
and deed of said partnership, for the uses and purposes
therein mentioned, and on oath stated that they were author-
ized to execute said instrument,
WITNESS my hanca and seal hereto affixed the d4y
aJ.d year first aoove writ�_en.
r
Not a.. y Public and fo•.r the i
State of Ohio, sidin9
My commis' Ion a T ires %i
(GERHARD; 5 10N-6.'PC /02;
EXHIBIT A
Connecticut General Life Insurance Company
Property after Conveyance of
a Portion of the Bon Marche
Parking Area
That. portion of the Northwest 1/4 of the Northeast 1/4 of
Section 26, Township 23 North, Range 4 East W.M., in King
County. Washington, and of the Northeast 1/4 of the
Northwest 1/4 of said Section 26, and of the Southwest 1/4,
of the Southeast 1/4 of Section 23, said t- wnship and range,
and of the Southeast 1/4 of the Southwest 1/4 of said
Section 23, and of r-he Interurban Addition to Seattle, as
recorded in Volume 10 of Plats, on page 55, records of King
County, and of Brookvale Garden Tracts, as recorded in
Volume 10 of Plats, page 47, records of said county, and of
the W. H. Gilliam Donation Land Claim No. 40, described as
follows:
Commencing at the Northeast corner of the Northwest 1/4 of
the Northeast 1/4 of said Section 26; thence North 0 0 12'09"
West along the Northerly production of the East line of said
subdivision 406.49 feet; thence South 89 0 47'51" West 30 feet
to the West margin, of Andover Park West and the true point
of beginning; thence North 87 0 25'13" West 526.42 feet;
thence South 0 0 19'36" viest 30.02 feet; thence North 87 °25'13"
P;-.:st 253.52 feet; thence South 0 1 19'36" West 366.84 feet to
the North line of the South 40.00 feet of the Southeast 1/4
of said Section 23; thence North 89 West along said
North line 179.20 feet to an intersection with a line which
bears North 0 1 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 1/4 of said Section 23; thence South
0 0 19'36" West 14.00 feet; thence North 89 0 40'24" West 10.50
feet; thence South 0 0 19'36" Wes*_ 36.83 feet; thence North
89 0 40'24" west 7.90 feet; thence South 0 0 19'36" West 42.17
feet; thence North 89 0 :0'24" West 72.00 feet; thence South
0 1 19'36" West 96.00 feet; thence North 89 0 40 1 24" West 226.00
feet; thence Nc-.rth 0 11 19'26" East 138.17 feet; thence North
89 °40'24" West 79.90 feet; thence North 0 0 19'36" East 10.83
feet to the Westerly extension of the South line of the
Southeast 1/4 of said Section 23; thence North 89 0 40'24"
West along sai.i extension, 10.50 feet; thence North 0 °19'36"
East 150.00 feet; thence North 89 0 40'24" West 151.60 feet;
thence North 0 0 19'36" East 680.45 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. 65 6239, records of said county, said Northeast
corner also being a point on a 565.79 -foot radius curve
concave to the Southeast, through which a radial line bears
GERHARD3 /28,•'1 bH,'WPC J
2
South 4 0 34':12" East.; thence West along said curve and the
Southeasterly margin of said Southcenter Parkway 282.00 feet
tc a point of comp curve to the left of 339.07-foot
radius; Southwesterly along said curse 37.76 feet to the
most Northerly pcinr of a tract of land conveyed to the City
of Tukwila by deed recorded under Recording No. 6516243,
records of said cnunty; thence continuing Southwesterly
along said curve and Southeast_ -ly margin 312.17 feet;
ti—nce South 89 0 39'00" West along said Southeasterly margin,
17.04 feet to the Easterly margin of said SouLScenter
Parkway, (formerly 57th Avenue South) as deeded to the City
of Tukwila and recorded under Recording No. 5735981; thence
South 0 °21'00" E:ist along said East margin 438.12 feet to an
angle point therein; thence South 0 0 23'45" East along said
East margin 633.44 feet to the Northerly line of State
Highway right- of -k:ay; thence North 89 °52'42" East along said
Northerly line 5.11 feet to the Easterly line of said State
Highway right -,:;f -way; thence South 0 0 07'18" East along said
Easterly line 134.50 feet to the Southeasterly line of said
right -of -way; thence South •13 0 25'05" West along said
Southeasterly line, 6.74 feet to aforesaid East margin of
Southcenter Parkway; thence South 0 0 23'45" East along said
East margin 471.45 feet to the beginning of a curve to the
'eft Of a 50 -fo.-,t radio. .thence along said curve 77.70 feet
to a point of tangency c.n the North line of South 164th
Street, as deeded to the City of Tukwila by Quit Claim Deeu
from Southcenter Corporat.ic)n car. February 14, 1963; thence
South 89 0 26'22" East along said !forth line 588.31 feet;
thence South 89 0 30'56" East along said North line 1,255.52
feet to the beginning of a curve to the left of a 50 -foot
radius; thence alc:;ng 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 CDrporation on November 1,
1962; thence -)rth 0 0 12'09" West along said West line,
1,652.43 feet to the true point of beginning;
Situate in the Ci.cy 3f Tukwila, County of King, State of
Washington.
i GERHARD3%28 %1 -'IN."W'PC i
EXHIBIT B
ASGREC Property After Conveyance
of a Portion of the Bon Marche
Parkina Area
That portion of the Northwest 1/4 of the Northeast 1/4 of
Section 26, Township 23 North, Range 4 East W.M., AND of the
Northeast 1/4 of the Northwest 1/4 of said Section 26, PND
of the Southwest 1/4 of the Southeast 1/4 of Section 23,
said township and range, AND of the Southeast 1/4 of the
Southwest 1/4 of said Section 23, AND of the Interurban
t?' Addition to Seattle, as per plat recorded in Volume 10 of
CD Plats, on page 55, records of King County, AND of Brookvale
Garden Tracts, as per plat recorded in Volume 10 of Plats,
o. page 47, records of King County, AND of the W. H. Gilliam
Donation Land Claim No. 40, described as follows:
Commencing at the Southwest corner of the Southwest 1/4 of
the Southeast 1/4 of said Section 23; thence, N89 "W
along the westerly extension of the South line thereof
217.00 feEt; thence, N00 0 19'36 "E, 150.00 feet to the true
point of beginning; thence, S89 0 40'24 "E, 151.60 feet;
thence, S00 150 feet; thence, S89 0 40'24 "E, 10.50
feet; thence, 500 1 19'36 "W, 10.83 feet; thence, S89 1 40'24 "E,
79.90 feet; thence, S00 °19'36 "W, 138.17 feet; thence,
989 °90' 24 "F, 22 b, DD feet; 1:1 .vzt i 'A' I 36" E, 96.00 feet..
thence, S89 1 40'24 "E, ,2.00 feet; thence, N00 °19'36 "E, 42.17
feet; thence, S89 "E, 7.90 feet; thence N00 0 19'36 "E
36.83 feet thence, S89 0 40'24 "E, 10.50 feet; thence,
N00 0 19'36 "E; 14.00 feet; thence, S89 °40'24 "E, 179.20 feet;
thence, N00 0 19'36 "E, 366.84 feet; thence, S87 °25'13 "E,
253.52 feet; thence, N00 0 19'36 "E, 208.77 feet to the
beginning of a curve to the right of 45 foot radius; thence
along said curve 45.96 feet to a point of compound curve;
thence along a curve to the right of 122.35 foot radius,
63.68 feet to the southerly margin of Tukwila Parkway as
deeded to the City of Tukwila and recorded under Recording
No. 5735981, records of King County; thence, S88 0 40'00 "W
along said southerly margin 76.15 feet to the beginning of a
curve to ti right of 1,472.39 foot radius; they -a along
said curve and southerly margin 423.38 feet; thence,
N74 0 51'30 "W along said southerly margin 407.05 feet to the
beginning of a curve.to the left of 552.62 foot radius;
thence along said curve and southerly margin 185.63
(GERHARD /Oi /13N /WP(_-/1M]
z
feet to a point from which the true point of beginning bears
S00 °19'36 "W; thence, S00 0 19'36 "W, 678.90 feet to the true
point of beginning;
Situate in the City of Tukwila, County of King, State of
Washington.
1730C
11 -30 -87
Tr
C�
�d
GERNARD/ 01. j 1 3N /WPC /1D! J
EXHIBIT C
Bon Marche Parkinq Area
after Conveyance of a
Portion Thereof.
Parcel 1
Tnat portion of the Northwest 1/4 of the Northeast 1/4 of
Section 2t:, Township 23 North, Range 4 East W.M., AND of the
,r Northeast 1/4 of the Northwest 114 of said Section 26, AND
CO of the Southwest 1/4 of the Southeast 1/4 of Section 23,
said township and range, AND of the Southeast 1/4 of the
Southwest 1/4 of said Section 23, AND of the Interurban
Addition to Seattle, as per plat recorded in Volume 10 of
Plats, or. page 55, records of King County, AND of Brookvale
Garden Tracts, as per plat recorded in Volume 10 of Plats,
on page 47, records of King County, AND of the W. H. Gilliam
Donation Lard Claim No, 40, described as follows:
Commencing at the Southwest corner of the Southwest 1/4 of
the Southeast 1/4 of said Section 23; thence North 89 0 40'24"
West along the Westerly extension of the South line thereof
117.00 feet; thence Noi n 0 °19'36" East 150.00 feet to the
true point cE beginning; thence South 89 0 40'24" East 151.60
feet; thence North 0 0 19'36" East 72.00 feet; thence South
89 East 406.80 feet; thence South 0 0 19'36" West
182.00 feet; thence South 89'40'24" East 179.20 feet; thence
North 6 Fast 366.84 feet; thence South 87 °25'13" East
253.52 feet; thence North 0 0 19'36" East 208.77 feet to the
beginning of a curve to the right of 45 foot radius; thence
along said curve 45.96 feet to a point of compound curve;
thence along a curve to the right of 122.35 foot radius,
63.68 feet tom, the Southerly margin of Tukwila Parkway as
deeded to the City of Tukwila and recorded under Recording
No. 5735981, records of King County; thence South 88 0 40'00"
West along said Southerly margin 76.15 feet to the beginning
of a curve to tr;e right of 1,472.39 foot radius; thence
along said c ;ry .ind Southerly margin 423.38 feet: thence
North 74 viest along said Southerly margin 407.05 feet
to the beginning of a curve to she left of 552.62 foot
radius; thence along said curve and Southerly margin 185.63
feet to a point from which the true point of beginning bears
South 0 1 19 "36" priest; *_hence South 0 0 19'36" West 678.90 feet
to the true point of beginning;
Situate in the City of Tukwila, County of Xing, State of
Washington.
GGRIiARD3 /26!). )!J WPC 1