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HomeMy WebLinkAboutPermit 78-29-SS - AITON - SHORT PLAT78-29-ss renton three tree point road 51st avenue south 53rd avenue south AITON SHORT PLAT AITON SHORT PLAT LAND DIVISION 23 October 1978 Mr. Tom Aiton 3837 Lake Washington Blvd. N. Renton, WA 98055 RE: SHORT PLAT APPROVAL Dear Mr. Aiton: RJB /ch cc: Ping. Sup. Attachment CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT On October 19th, the Short Subdivision Committee of the City of Tukwila reviewed your proposed short plat and approved it subject to the following: (Also see attached map.) 1. That the south 115 feet of the boundary between lots 2 and 3 be shifted 45 feet to the west; 2. That the private easement and cul -de -sac be extended to the west to provide access to lot 3; and, 3. That the private road be built to Tukwila City standards and approved by Public Works prior to construction. In addition the Surveyor's Certificate is incorrect. It should read: "appro- priate state and statutes and has been properly staked in accordance with the Tukwila Subdivision Code." This approval is good for a period of 6 months and will expire on 19 April 1979. If you need an extension it is possible to apply for one six month extension. Please contact the Department of Public Works for issuance of appropriate curb - cut permits and the procedure for bonding of improvements. Sincerely, rce,44 Roger J. BlaylocK Assistant Planner 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206). 242 -2177 Short Plat No. • vJyq SEC. 23 ; 22 t° 00 VS 88 12.(oo 6 0 If 3 SS /2. ' 2 30 .0 id F,A:ztv,kri 57 esi I .. Land Surveyor's Certificate: Kre s7o td EXzetMe+uT 70 Date Certificate No: /33 4i3 ;N EA W.M, 2 E 7 IVT0nJ -ri+Z J �F EoiN S 8 3 ° 422 30" E ._ This short plat correctly represents a survey made by me or under u, direction in conformance with th- requ'rement appropriate state a ordinance. 7, vo: 112.00' 10 EA3ENXE' T - .1 i olg ... 2 i, o . 00% ; t) cz 7S.00 ZSO. 06 S'O.►S NOT A PART IO De ebeD To --� C$ Y Q1^ T�tKv4i 3oo,00' i N � --- 1 . e — — Sgg'ti cc''E G 1 O ehs. Ncelsr TCMPOaWRy Z 3 too V 02 Tvi<:v Ap..Dow H 1 .T - l .. RoA Map on File in Vault Direction: - Scale: S 6t3° tl.`oo "E — z'. 2 Ste' • — 60 100 AI tea j- E . Page 2 of_ aela Minutes of the Short Subdivision Committee, 19 October 1978. Committee members present were Acting Chairman, Fred Satterstrom; Chief, Hubert Crawley; and, Terry Monaghan. Roger Blaylock was representing the Planning Division. Applicants present were Tom Aiton, Annabell Powers, and Ken Beyers. Acting Chairman Fred Satterstrom called the meeting to order at 1:34 p.m. in conference room #3 in Tukwila City Hall. AITON SHORT PLAT General discussion centered around the fact that each time a modification was proposed the solutions seemed, farther away. At the present time Mr. Aiton is attempting to have Seattle City Light release an easement on proposed lot 3. Acting Chairman Fred Satterstrom suggested that the lot line between proposed lot 2 and 3 be modified to a straight line and the cul -de -sac be extended to the east. MR. TERRY MONAGHAN MOVED, SECONDED BY CHIEF HUBERT CRAWLEY, THAT THE SHORT PLAT COMMITTEE GRANT APPROVAL OF THE AITON SHORT PLAT SUBJECT TO: 1. REVISION OF THE PROPOSAL TO SHOW THAT THE BOUNDARY BETWEEN PROPOSED LOTS 1 and 2 IS STRAIGHTENED OUT, SPECIFICALLY THE BOUNDARY ALONG THE SOUTH 115 FEET OF EACH LOT IS TO BE SHIFTED 45 FEET TO THE WEST; 2. THAT THE PRIVATE EASEMENT AND CUL -DE -SAC IS EXTENDED TO THE WEST TO PROVIDE ACCESS TO LOT 3; AND, 3. THAT THE PRIVATE ROAD BE BUILT TO TUKWILA CITY STANDARDS AND APPROVED BY PUBLIC WORKS PRIOR TO CONSTRUCTION. PASSED UNANIMOUSLY. BEYERS SHORT PLAT • CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT SHORT SUBDIVISION COMMITTEE The applicants were informed that a waiver from ordinance #1035 would be required prior to issuing building permits for the duplexes and triplexes which they were 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 PLANNING PARKS & RECREATION BUILDING Minutes of the Short Subdivision Committee, 5 October 1978. Committee members present were Chairman Kjell Stoknes; Chief, Hubert Crawley; and Terry Monaghan. Roger Blaylock was representing the Planning Division. Applicants present were Tom Aiton and Bob Sandwick. Chairman Kjell Stoknes, called the meeting to order at 1:37 p.m. in Converence Room #3 in Tukwila City Hall. General discussion centered around the four conditions imposed by the Committee at the last meeting. Mr. Blaylock was directed to check if the acceptance of Quit Claim Deed has to be accepted by a formal motion by Council or by ordinance. An adequate setback from the private 40 -foot ingress /egress and utility on the south has to be a minimum of 47.5 feet as per the rezone ordinance requirement. This is computed from the fact that a sideyard must be i the front setback, which was required in the rezone ordinance of 15 feet. D10TION BY TERRY MONAGHAN, SECONDED BY CHIEF CRAWLEY TO ADJOURN THIS MEETING UNTIL THURSDAY, OCTOBER 19TH, 1978 AT 1:30 P.M. PARKWAY PLAZA NORTHWEST The applicant has been opted to do a Boundary Line Adjustment instead of a Binding Site Improvement Plan. Thus, the application has been withdrawn. Meeting adjourned at 2:20 p.m. TON SHORT PLAT Minutes prepared by: art- 9 (0 Roger J. Blaylock Assistant Planner CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT SHORT SUBDIVISION COMMITTEE 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 PARKS 8 RECREATION BUILDING PLANNING Minutes of the Short Subdivision Committee, 21 September 1978. Committee members present were Chief, Hubert Crawley; Terry Monaghan and Roger Blaylock representing the Office of Community Development. Acting Chairman, Roger Blaylock, called the meeting to order at 9:20 a.m. at the Andover Fire Station. AITON SHORT PLAT The Committee discussed the adequacy of the legal description, access and the overabundance of various types of easements. The following are preliminary con- ditions that should be met: 1. A Quit Claim Deed shall be filed prior to the filing of the short plat, which formally tranfers title to the City of Tukwila of the 10 feet along the eastern edge of Lot 1 to increase the width of 53rd Avenue South. 2. A private road and utility easement along the southern edge of Lots 1 and 2 be shown on the short plat along with a public utilities mainte- nance clause. 3. The owner shall try to eliminate easements RN 5709886 and RN 5793881. 4. A legal description shall be provided on each parcel. MOTION BY MR. MONAGHAN, SECONDED BY CHIEF CRAWLEY TO CONTINUE THE MEETING ON THE AITON SHORT PLAT AT 1:00 P.M., THURSDAY, OCTOBER 5, 1978. MOTION CARRIED. Meeting adjourned at 9:50 a.m. Minutes prepared by:' t C q 1 Roger J. Blaylock Assistant Planner CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT SHORT SUBDIVISION COMMITTEE 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 7910170915 LEGAL DESCRIPTION Return to: copy -rb SHORT PLAT N0 , TUKWILA, WASHINGTON This space reserved for recorder's use Filed for record at the request of: of (Ja/.0`Q , 19 'TO M A ITTrJ l 44e4-E /T - 7 Name KiDg., County A lessor 0 ( j/t/\ Planning Division Office of Community Development 6230 Southcenter Boulevard Tukwila, Washington 98188 APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this '14,'t1 day of 64obed- 19 74 c :::: bitA--- Char an, Short ubdivision Committee KING COUNTY DEPARTMENT OF ASSESSMENTS Examined and approved this 1,7 day Deputy Assessor TOTAL PARCEL: That portion of Lot ##3 Brookvale Garden Tracts as recorded in Book of Plats,'' Volume 10, Page 47 %, records of King County, Washington, described as follows: Commencing at the west quarter corner of Section 23, Township 23 North, Range 4 East, W.M.; thence S 0 ° 42'00" W a distance of 662.00 feet to the true point of beginning; thence continuing S 0 ° 42'00" W a distance of 66.00 feet; thence S 88 12'00" E a distance of 15.00 feet; thence S 0 42'00" W a distance of 265.00 feet; thence S 88 12'00" E a distance of e27.00 feet; thence N 0 o 42'00" E a distance of 184.20 feet; thence N 88 12'00" W a distance of 300.00 feet; thence N 0 ° 42'00" E a distance of 146.80 feet; thence N 88 ° 12'00" W a distance of•.342.00 feet to the true point of beginning. Less portion for street recorded under auditors file number 7810160658 TOGETHER WITH easement over the South 10 feet aridthe South 20 feet of the West 10 feet''of the East 367 feet of said Tract 3 and the;North 10 feet of. Tract 4, Brookvale Garden Tracts. EXCEPT the West 265 feet thereof; SUBJECT T'0 recorded easements: Pipeline; Recording Number 4495986 Ingress, Egress; Recording Number 608902 Water Line; Recording Number 5709883 Utility; Recording Number 6073885 Electric Transmission & Distribution Line; Recording Number 7805010738 I • h tu 44 SEG 23 ; TZ 3A1 R. 4 E fl S 68 /2 t oes - '0 g o S ,,, -IS.00 o . $88 ° 12'oo'E vvJ-. 230 00' 3 0 ID' 6ALEMENT N _ r ( 6796881 Land Surveyor's Certificate: KN s7o5s8b ID B�sENAENr Date Certificate No: /33 43 Short, Plat No. I I 10 EASEMe T II i 1 I 2 1.x. 4001 S This short plat correctly represents a survey made by me or under direction in conformance with th - equ 'remen t state and statut in accordance 1 l t • 62'I,00 2 w le k to Te ooR Y T■.). AeowAo f- 16f/:oo r � . �� - 15'oc�' sse °t2.' , 00't ^ 1 10 EASEMENT 70/amgozft appropriate Direction: roperly staked ubdivision Code. 0. CA 4 ,, . *(3. of wASN: s �\ O it 1" _ \ 0 Il 1;e 'i 7 e. \' R to e i s/ P� .• No? 2 So- 08 A PART 0' Dee6DED TO C.rrf OF 3oo, 00' sods' ■ 24 ' 75.o0' ' S ea° IV oo "E 15 u tL►TY V E Pie MEN' ?� (4 N I 1 't Z. 4p' EASEMENT Fog Ito 0 104 fteSb 66:1 LE'S% kN D 1 � V■TIL.VrIeSi N IIu 0 1 O Map on File in Vault Scale: t' _ foo 0 100 200 Page 2 of 3 DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and contract purchaser(s) of the land herein described do hereby make a short subdivision thereof pursuant to RCW 58.17.060 and acknowledge that said short subdivision shall not be further divided in any manner within a period of five years, from date of record, without the filing of a final plat. The undersigned further declare this short plat to be the graphic representation of said short subdivision and that same is made with the free consent and in accordance with the desire of the owner(s). Iy wit whereof we have set our hands and seals. STATE OF WASHINGTON, County of King Name Name On this day personally appeared before me Thomas Aiton to me known to be the individual described in and who executed the with— in and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and pur— poses therein mentioned. GIVEN under m hand and official seal this 3 lstda of ' f ''>> T 1 9 •1 y y August' '�� ./y/0‘, Notary Public in and for the State of, Wa04 dn +., seal STATE OF WASHINGTON, County of King SAFECO On this 31st day of August , 19 78 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert Lenhart to me known to be the individual described in, and who executed the within instrument for him self and also as the Attorney in Fact for Patricia Marie Lenhar and acknowledged to me that he signed and sealed the same as his own free and voluntary act and deed for him self, and also as hi s free and voluntary act and deed as Attorney in 'Fat SO said Patricia Marie Lenhart in the capacity and for the uses and purposes therein mentioned, and•that said principal is not deceased nor incompetent. : •, 11 , ' i ,.: IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year first . above written. /,� i ". > > ',I 1j Notary Public in and for the State of Washington, residing at.. TL - 33 R3 3/77 SAFECO Title Insurance Company — ACKNOWLEDGMENT — SELF AND ATTORNEY IN FACT seal Short Plat Number Page 3 *ILA 4 o ' 2 -J 1909 29 June 1979 Dear Mr. Aiton: City of Tukwila Administration 6200 Southcenter Boulevard Tukwila, Washington 98188. 433 -1845 Office of Community Development Mr. Tom Aiton 3837 Lake Washington Boulevard North Renton, WA 98055 RE: Building Permit Application - Office Building #2 The Planning Division of the City of Tukwila is in receipt of your building permit application for the above referenced property. Based on the require- ments known by the Planning Division to date, the following actions would need to be done prior to the issuance of a building permit. 1. Grading and drainage plans must be submitted to the City and approved. These plans must be stamped by a professional engineer. 2. The parking area in front of the building, as proposed, must be stabilized and surfaced with granular fill prior to construction of the building. This area must be used for the construction staging area for the building. 3. The building must be sprinkled per the Planning Commission require- ments of March 27, 1979. This was required as a result of the access drive around the building being eliminated. 4. Scope of the parking lot where the parking stalls are located cannot exceed 5% and the traffic aisle shall generally not exceed 12 %. 5 . Two sets of landscape plans, as approved by the Planning Commission, must be submitted in conjunction with the building permit. This landscape plan must show a faster type growing evergreen shrub on the north property line and must include an automatic sprinkler system. 6. Per the requirements of Ordinance #809, the easterly 10 feet of your property must be dedicated to the City for public right -of -way and related. purposes. This dedication should be accommodated through the Public Works Department since the area of right -of -way lies within their jurisdiction. This letter relates only to the requirements under the jurisdiction and review authority of the Planning Division. You should expect other responses and comments from the Fire Department, Public Works Department, and /or Building Department. 1 would encourage you to be especially cognezant of complying with the requirement of the City in an expeditious manner. Very truly yours, 1 Stoknes, Director Of ce of Community Development KS /ckh cc: Pub. Wks. Dept. Fire Dept. Bldg. Dept. Site Plan File City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Public Works Department 433 -1850 DATE: April 5, 1979 TO: Roger Blaylock, Assistant Planner FROM: Dick Williams, Acting Public Works Director SUBJECT: Aiton Short Plat I have the following comments and requirements regarding the above - referenced short subdivision: 1. As- builts of sanitary sewer line are required. 2. Cost breakdown of installation required (per manhole, per size pipe, etc.) 3. Certification and final inspection by City required. 4. Easement submitted looks okay to me. 5. If approvals and information noted above are provided, bond should not be required. If you have any further questions, please let me know. RKW /dp EATI:_ok_ 4_ cAAt c-te goe%k z E 4tt, P. w- e44144.7. op) P9/ 1 rd C CacytAcQ e; . 571‘13)-1+ fta4 - DEVELOPER'S AGREEMENT The City of Tukwila, a municipal corporation in the State of Washington, hereinafter referred to as "CITY ", and Thomas Aiton, a single man, and Robert L. and Patricia Lenhart, herein- after referred to as "DEVELOPER ", agree as follows: WHEREAS, City operates and maintains within its boundaries a storm drainage system and a system of paved streets all within its boundaries, which can serve the property of the Developer, and WHEREAS, City has a comprehensive plan covering storm drainage and minimum standards for the control and design of storm sewer facilities within City, as well as paved streets, and WHEREAS, Developer desires to construct certain storm drainage and public streets facilities at his own cost and to dedicate these facilities to City.for connection with, delivery to and operation and ownership by City, said improvements being hereinafter called the "DEVELOPMENT ", NOW, THEREFORE, IT IS AGREED: 1. Thomas Aiton and Robert L. and Patricia Lenhart are in fact the actual owners of the land or real prJ7) 1rty for which the Development is requested. 2. The land or real property for which the Development is requested and to which this Agreement applies is real estate in Tukwila, Washington, described as follows: That portion labeled 3 -A of the following described property; Lot 3 of Brookvale Garden Tracts, according to plats recorded in Volume 10 of Plats, Page 47, in King County, Wn., except the south 115 ft. of the west 275 ft. thereof; and except that portion thereof described as follows: Beginning at the intersection of the southerly margin of the Renton Three Tree Point County Road with a line 344.98 ft. east of and parallel with the west boundary of the S.W. 1/4 of Section 23, Township 23 North, Range 4 East, W.M. in King County, Wn. and running thence south along said parallel line 15.3 ft., more or less, to a point on the north line of said Lot 3, said point being true point of beginning of the tract herein described; thence continuing south along said parallel line 159.16 ft., more or•less, to a point 174.46 ft. south of the southerly marginal line of said County Road; thence east at right angles 300 ft. to the east boundary line of said Lot 3; thence north along said east boundary line 145 ft. to the southerly line of said Renton Three Tree Point County Road; thence northwesterly along said Road margin 11.6 ft., more or less, to the intersection with the north boundary of said Lot 3; thence westerly along said north line of Lot 3, 182 ft., more or less, to the true point of beginning; and except that portion thereof conveyed to the County of King for road purposes; except that portion thereof conveyed to the State of Washington for highway pur- poses byl ed'reciorded under Auditors File No. 5473605. 3. Develope snail deed to the City, without cost, the easterly t4m el leet of the above described property for street right -of -way. 4. Developer will deliver to City the plans and specifica- tions for the Development and the plans and specifications for the Development will conform to the standards established by City and its engineers. Developer shall complete the Development in accordance with said plans and specifications, and all applicable State statutes and City ordinances. Final revised plans and specifications shall be presented to City at least fifteen (15) days prior to proposed commencement of construction. 5. No construction shall be commenced before the Public Works Director of the City of Tukwila or his designee (herein called "DIRECTOR ") has notified Developer in writing that the plans and specifications have been approved. 6. The Director shall perform all inspection of the Devel- opment and no Development facilities shall be covered prior to inspection. If any work should be covered prior to inspec- tion, it must, if required by the Director, be uncovered for examination at the Developer's cost. Developer agrees to comply with all of City's reasonable inspection requirements. Developer shall maintain at the construction area at all times during construction a representative to whom the Direc- tor's notices may be given during construction. Said repre- senatative shall be designated in writing by Developer prior to commencing construction. 7. Upon completion of construction and upon the certifica- tion from the Director that the Development meets the minimum standards of the City, Developer shall convey to City all - permanent facilities of the Development free and clear of any and all liens and other encumbrances together with necess- ary easements for general utility construction and maintenance. 8. Developer shall notify City of the date the work and construction described in this Agreement shall commence. Said notice shall be given not less than seven (7) days before said commencement date. After the work is commenced, it shall be promptly carried to completion in a workmanlike manner, provided that Developer's obligation to complete the Development 2. shall be extended in the event of circumstances beyond Developer's control, including but not limited to fire, flood, snow, freezing, rainfall, unusual weather condi- tions, acts of God, labor disputes including strikes and lockouts, acts of war, riots, government priorities and availability of materials. 9. Developer may prepare and call for bids for construction described herein or negotiate a construction agreement for said construction; however, no construction agreement shall be executed prior to approval of such agreement by the Direc- tor for the purpose of maintaining City construction and material standards and inspection rights. 10. Developer will procure all necessary State, County and local licenses, bonds and permits for construction and will meet all applicable Federal, State and local laws. q 11. Testing all systems within the Development shall be 00 performed as required by the Director in accordance with City requirements to determine that such systems conform to N the plans and specifications. N Cr) 12. In the event that defects due to faulty labor, workmanship CD or materials appear in the Development within one (1) year CO from date of completion, Developer shall, at his sole expense, ��- correct the same to the satisfaction of City. 13. Developer hereby agrees to indemnify and hold City harm- less from any and all claims which may be asserted against City as a result of the construction of maintenance of the work described in this Agreement prior to acceptance by City. Developer shall maintain in full force and effect during con- struction liability insurance in such form and amounts satis- factory to City. 14. City and Developer agree that in carrying out the terms of this Agreement, Developer shall be acting as an independent contractor and in no respect shall be deemed an agent of City. 15. Developer shall not assign this Agreement without the prior written consent of City. 16. City covenants and agrees that it will maintain and operate the Development after satisfactory completion and acceptance in accordance with the terms of this Agreement. 17. Partial waiver or waiver•by acquiescence by City of any provisions or conditions of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 3. 19. When notified by the Director to make any changes or corrections to conform to the plans and specifications, Developer shall promptly make said changes or corrections at Developer's sole expense. • SIGNED THIS ur DAY OF CITY OF TUKWILA 18. This Agreement shall constitute as easement and servitude and a covenant running with the land upon the property described in this Agreement and shall be binding upon the heirs, assigns, grantees and successors in interest to Developer. 00 CD N (\! By: EcM ar D. Bauch, Mayor . C i Attest: By: Maxine Anderson, City Clerk 4. DEVEL , 1978. .._ Aiton, a single man �j , / fl%4 u � i ^b -rt L. Lenhart By: Patricia Lenhart, his wife. Attest: Bv: ••,••• • .............................. •••••••• ......... APR-9-79 � e 3. 9 9 793110n635 — A F i neer: 5 K Pecembet ChissTrati . .. . KING COUN APR--r9-79 0 o 1 9 9 ••••••••••■•••••••••%••• ... ••••••11t•■••• ....... • APR--9 .• o 9 8' 7 9 C CI C-6.3 1?1: 1 • 3 • 41)0 nntr. r1r7(11 Mo. I P■ —Th IgNumbel C1nss iratin Arnotsni APR-479 o o t 9 8 790 A a 1 4.00 ............ ............ — •••••• .44 •••• 4•••4,•••411T..3...711,1•61711n2.4.4,,12::• Allr••••• •111.* = •■••■•••• ••••• . ■••■••••••• KING 'COUNTY RECORDS & ELE • VP. • ..... -.•••• , ..• , • .e,c • q ,.v. , t • ,c . . ;'., •.,■ 3 j33 ;.•4 •‘4 ■•:4 • RECORDS 8: ELECTION RI: - 14 0 • 4 '.• . . ... ' • . , ,• ............. ... • . ....... ............... ...‘ TION •- .... • •• •••• ^ .. ........... ••• •••••••• ........ ...... .... .. • •- •••••••••• ..... . I l 1 r M ., I . a I : b yy t 1 - 1 30 / PARKWAY TO CITY OF TUKW 11.54 • 1. I75 - . ?%; 23 r .R.4E . \1. M. 15 $PEClrn:P USES. STAVCH n .i no .0 •N« 'r - Alr <:+vn.ce LEASE 5CNe PULL N01..4bEa LES•CE f Lo( a•+ m.•1 :.A i.o521, F.u.o..i Han IO5d.eof+.P3143o 1.+ ROAL APVROA:N F.CNhCJLE LEGEND i n 1 Acta ss To Be f- roh i !:.Ted Shown Thus ,,,.,.,,, Proper•hi ONertAlip Number ( -2 5.2) e Prcpert.s Lin II For owne c.hi• -.4.e.. Sheet lIo.l2 INS' SE /4YSE'/4 sc•1 'b'w 40 1I MATCH Sec. '52 o m • i N A ¢ 01 Lioe. 5T•ol■ Rpa I NWn NW /e• Sec.24 ,.y 29Jo 14E A1w /A 110 O= 294.94 Hoar. Le2555. .o1 ►J Z a l • _zT o0 46'2 L /NEJ' 61moe INreasec j ig 2 241./0. SP 26 f 35 tiGNIAC‘4•0 iAot SOUTHCENrER 117 r7 i 7P3A•Ei LINE i. o - Lion 7• v -.'t' In N N SHEET 6 A 2 ry O V P.1. 12 +50.1} s+cc Rams." \O }oo• O pII •• C ' c _I ic. -Rv V «61 • •rte..• PT {92.5 °: i 0.23 s FOR RELINQUISHMENT 0 ' 1/4 L 5 CC' 22. 3 a Tu K W I L ,>, { fr x y P. p'tc L G 03 • t A PIPE 1.1 14E PI.247+5S50 Y 171, 7. I,G4i , 4r> i 12.40'8G Rt. 2"6 55 0 8 •+ BEAR._Nre5 FRFM R - 100.0' CourlT-f NOTES T 77.711 L 184.94 No21. T u11!111 V141 V/ 0Pecif of the .♦ J _•. > ;:..I,::_'��{I, I ~ , ` I j z / ro J O LINE •4 ^:. `3.r r�c._..)_1 • —_"'•_ -Y \ " 1 � _IC an v.Fa7 TJL7:E, r `O I .G tit( r t , '� y1I Z4 R if I ACCC:.S NOTE 21. The .> i.dleye of eer.ricinn the ility local• i within flit right of ay will he permitted to the utility pcciticd eubjvc io the conditions t the Fr•u.ch.is, Permit or gilt/men'. peel; led — Q- I Lefler 7.7.74 C.o.e.Att. 290o e r•e, 4•71•74 y a• • • 1 t. " ow -- •� — _il l, . di jTURNI3p,C . ■ K LINE t I'I 1 'W I '4 5w 1 /4 11 I I vrol : (\t)1 41 ♦ ri ? sr I dfwnerrt I !• �See.2gll'• ,1AE 140194.0 s - 1 ��-r 114•9_—__.% 477 � 71 `� I 139.15 L 33 � 3 � 1 1� - 2356 o '•a�, - 1 R At A W NEy4 SW Y4 sec 2 5 I ,, : . , � i ' F. • r. j3.-- R� 'iV'i 1 ` 1, 1! J Q. 9c ;N��Rl1 „ 44.5 ( mA C. Ct D.) — Ilne /eh n wihnn.e in c of 714.4 **Kw L/.50! fo 2leb.Ca.Lt. 401/N pewee/ /- R0Qol re ws ed A (W L: n es a/i • , 7/flans A dded Type 56 2lapp,wuh 0 5 3 0 50 to 0 57.5'15 - A:Opere [eau AA 7 - 05:27 5. •/5 RheKed R { / . 4 f j , / A on h 7 . Le 233 N07roLf<536 5 t,odded 4Rl Lint 4•,0.74 Awed tornew.e h, n c,Wo eir re7:.y.t,rro,•i:.;,. v , rl;•irc ayr : ,f.T. 3vr1••.!k. )•.S•(. t. Rv. R tIA row on L.. b10 04112.50 1. 5 W I■S1 . a.I, A, <w .. .....nt..>... 1St .T►••o .. ita s•.� Ravioeu Ale - Romp L.r.< %S 4e• Lt. St. L' 7.554400 t: 51a Ir 2547.06 r75 .c .weyFn.c•i .• xn�c�paa.q_rti. e .l•..x�.•.• ••Il -OD - 4:�cmSrlt r.cv LOad .to a•on3 �'N n 9 Ct it.�• n ao e ; L` ,_. O'. O. l O&1C4. Wol.11i.ra•.. r-.t W 9i ne w yr . St en lh. -7.• ca TJ•= ifT�... I5. Li 0.5 ao tel. 1• O L I• { e27�.•e3 ai `i_ F p0.' O!c Y•le•4 c•–••••••••:r.. F . t q y r- 4' s� & •4tdta 7 -D•q • L 1 4. 0. .1 . 1' Yat a C M rD r..�• _ c.: B. y t"•1S -L - Z C'IUntr.Piyf AQAr•..I.{ •�r� •seo '1.t weo OR:T1e. SLibTetAUENT APPROVAL Y `1 10 n..•... 1 I.5.3(55)ls5 • NOTE: For Ri10.1:n:I.H: Way and Utnile.d A -cede ea4 sae GR Slp et Rive rtght♦ SR 5Or) to SR S, SI:: .8 of It, Shtt.,o- provad Feb. Zo Estobtiahed b/ Co.ntn FeHo.Tll, Aug. 20, 1958. i; 4 ' U r.Ic �n �•s1 hl_G °I N7 'TUKWILA Co RP. LIMITS CV 13 0R RELINQUISHMENT TO CITY OF -TUKWILA 0 -- r — + SR.5 tizmutretrummieumatilmat SOUTH 178TH ST. TO SOUTH 126TH ST. KING COUMTT RIGHT OF WAY Sta. 2534.00 to Sta. 25r.5e00 (Tukwilo Interchonge) w►lh►/G10M sun 111G44Whf COM•IIS•ON 0{ ?AITMINI O► HIGHWAY{ O:YM/IA, WA{Irlr•01001 • • 1111.11.1 o.... '. +••• ..•«.n Jan. 50, 174e • • Yn Y. I 41141.01110 1•t. • ; •.•e eiu 1 Inch t 100 Rear M- � tt t \LJ� a rl {{ 1 h dI • �•� w i n SHUT 5 OP 2I Pities Eatobliahcci_twSom /aatz.LR2.,F¢4. //A 37 N N - y .rst !Gr3 D, c f 6 y 20 N 1 • zoo 4042, b oo - . 4C w •<+y I 91.7' • 2,52 .4 -42 c 4Z 321 M /r t yr A• J• 0 N -^ 0 YI N V ti 03 _ _ LEGAL DESCRIPTION The east . 200.00 ft. of the,,following described property; Lot 3 of Brookvale Garden Tracts, according to plats recorded in Volume 10 of Plats, page 47, in King County, Washington' except the south, .: 115 ft. of the west 275 feet thereof; and except that portion thereo described as follows: Beginning at the intersection of the southerly margin 'of..the Renton Three Tree Point County Road with a line - 344.98 feet east of and parallel with the west boundary of the S.W. 1/4, of Section ?3, Township 23 North, Range 4 East, W.M. in King Co., Washington and running thence south along said parallel line 15.3 feet more`or. less to a point on the north line of said Lot 3, said point being true point of beginning of ` .`:; the tract herein described; thence continuing south along ;. said parallel line 159.16 ft. more or less to a point 174.46 ft. south of the souther marginal line of said county road; thence east at-right angles 300 ft. to the east boundry line - of said Lot 3; thence north along said. boundry line 145 ft. to, the southerly line of . said Renton Three • Tree Point County Road; thence northwesterlyAlong .said . road "margin ft. more or less to the intersection with the north boundary of said lot #3, thence westerly along said north line of Lot #3, 182 ft. .,more , 'or less to the true point of beginning; and except that portion thereof con -' veyed to the County of King for road purposes; except that portion thereof . conveyed to the. State of Washington for highway purposes by deed recorded under auditors file #5473605. F. A. LcSOURD WOOLVIN PATTEN DONALD D. FLEMING GEORGE M. HARTUNG MEADE EMORY LEON C. MISTEREK DWAYNE E. COPPLE THOMAS 0. McLAUGHLIN PETER LcSOURD JOHN F. COLGROVE C. DEAN LITTLE Dear Roger: LESOURD, PATTEN, FLEMING, HARTUNG & EMORY ATTORNEYS AT LAW 3900 SEATTLE -FIRST NATIONAL BANK BUILDING SEATTLE, WASHINGTON 98154 Mr. Roger J. Blaylock Assistant Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Re: AITON Short Plat (206) 624 -1040 January 19, 1979 JAN 9 IW �+,J,ixn ii ^�'tira O.C.D. C(TY CF ilr; ::Lk ) LAWRENCE E. HARD RODNEY J. WALDBAUM BRUCE G. HANSON RICHARD R MATTHEWS D. WILLIAM TOONE M. COLLEEN WEULE DANIEL D. WOO CARL J. CARLSON ROBERT L. PALM ER COUNSEL I am in receipt of your letter of January 8, 1979 and its enclosure regarding the Aiton short plat boundary dispute. It is my understanding that at the time this short plat was being considered by the Short Subdivision Committee, there was conflicting evidence presented by both the short plat applicant and his neighbor to the south regarding the exact location of their common boundary line. It is my understanding also that the Short Subdivision Committee considered the evidence and decided that the survey prepared by a professional land surveyor and submitted by the short plat applicant was acceptable. Under those circumstances, it is my opinion that the Short Subdivision Committee acted properly and that the City of Tukwila should not be found liable for the actions of the Short Subdivision Committee. It would appear that if the neighbor to the south disagrees with the decision of the Short Subdivision Committee, he has the right to appeal that decision to the Planning Commission pursuant to the provisions of TMC 17.08.060(3). If he does not appeal in a timely and proper manner, the decision of the Short Subdivision Committee becomes final. Mr. Roger J. Blaylock January 19, 1979 Page Two If there is any additional information which you feel is material to this matter, please don't hesitate to call. Very truly yours, LeSOURD, PATTEN, FLEMING, RTUNG & EMORY LEH :th cc: Mayor Bauch . Hard City 'of Tukwila z 6200 Southcenter Boulevard I Tukwila Washington 98188 *ILA 1908 RJB /ckh Mr. Larry. Hard LeSourd, Patten, Fleming, Hartung F, Emory 3900 Seattle First Ntl. Bank Bldg. Seattle, WA 98154 cc: Mayor OCD Dir. Ping. Sup. Attachment Edgar D. Bauch, Mayor 8 January 1979 RE: ITON SHORT P LAT Dear Larry: The Short Subdivision Committee has reviewed and approved a proposed four lot commercial short plat on the southwest corner of 53rd Avenue South and Southcenter Boulevard. There is a property boundary dispute between the developer, Mr. Tom Aiton, and Mr. Foster, the adjacent property owner to the south. Both parties have had surveys completed on their respective pieces of property with the result that both surveyors disagree. Neither party filed litigation against the other. The situation becomes even more complicated because the Short Subdivision Committee required an access and utility easement within the disbuted area along the southern property boundary. (SEE, Attached Plan). The Committee knew about the conflict and I personally asked both parties involved at a public hearing before the Planning Commission if either had filed legal action against one another. I had hoped that we could stop the proceedings pending a decision by a court. Since neither had taken legal steps, the Short Subdivision Committee made a decision based upon the survey prepared by Robert 0. Cavners, Professional Land Surveyor. The question is what type of legal entanglements could the City of Tukwila be involved in? Or could we and should we withdraw approval until the dispute is settled? I would appreciate a speedy response as soon as possible. Sincerely, 1 - t4 t eAt, cr . - 34 , 1/41 kAA. Roger J. Blaylock Assistant Planner s- wta - zec ;g:N z4E;w3A, t•) 22, . N 4' Date REW7bA! - tS.oc sas`1220o"E 3 • r 2S' 573386i La R ley, 7L d i s p vat a a.htil Land Surveyor's Certificate: I S _3 Z, 60„E r • ` • to Ei sew EIT . -`-. 2 ' This short plat correctly represents a survey made by me or under - direction in conformance with th- requ'rement appropriate state a•- coon sta ordinance. E 7.00 Short Plat No. I z Certificate No: /3 3 t3 ,••� F ss W ! v)% ezi.At . ' �P • Scale: i 20A D Z SO. 08 SC. /s' i 24 No r PART I To BE DEEoea To 'Z c.vey eF , ut�Wj y �r 3oo,00 � 7S.00' S Eta° 1L'oo "E t p r 0 t o V N / O 444 P RrV ITT' . o MnmZ • FDR = g.ottts, s l:GasS � .Seo'Ii oo''E R1.1 57a'5EEep to EkciActr Map on File in Vault '\ Direction: - too loo TcMo,oftim? Z 3100 o 2g 2 ?vl�v AROv $44 4 4 rt4luja`At Zoo b. tc, Page 2. of ( DECLARATION OF EASEMENT Know all men by these presents that we, the undersigned, owners in fee simple of the land described herein, hereby declare this easement and place same on record. We are the owners in fee simple of the following described real estate to wit: That portion of Lot #3 of Brookvale Garden Tracts as recorded in Book of Plats, Volume 10, Page 47 %, records of King County, Washington, described as follows: f Commencing at the West quar corner of Section 23, Township 23 North, Range 4 East, W.M.; thence( Q , W' a distance of 662.00 feet to the true point of beginnin6; thence co_ ntinuing S. 0 42'00" W a distance of 66.00 feet; thence S 88 12'00" E a distance of 15.00 feet; thence S 0 ° 42'00" W a distance of 265.00 feet; thence S 88 ° 12'00" E a distance of 627.00 feet; thence N 0 ° 42'00" E a distance of 184.20 feet; thence N 88 ° 12'00" W a distance of 300.00 feet; thence N 0 ° 42'00" E a distance of 146.80 feet; thence N 88 ° 12'00" W a distance of 342.00 feet to the true point of beginning. on which we are providing an ingress, egress and utility easement over, under, and across the following described parcel: { Volume 10, Book of Plats Page 47 %, records of King County, Washington, described as follows:1 Commencing at the West quarter corner of Section 23, Township 23 North, Range 4 East, W.M., thence S 0 ° 42'00" W along the West line of the Southwest quarter of said Section 23 a distance of 61.5.41 feet more or less to a point on the Soeherly right -of -way line of Renton -Three Tree Point Road; thence S 83 42'30" ° E along said right -of -way line a Zq �� distance of 634.90 feet thence S 0 42'00" W a distance of 288.05 feet -- to the true point of beginning; thence N 88 ° 12'00" W a distance of 34?-- __345.05 feet; thence Northwesterly along a curve to the right having a radius of 20.00 feet; a central angle of 70 ° 31'57 ", an arc distance of 24.62 feet; thence along a cul -de -sac curve to the left having a back tangent bearing of S 17 ° 40'03" E; a radius of 40.00 feet, a central angle of 251 ° 37'57" an arc distance of 1.75.67 feet; thence S 88 ° 12'00" E a distance of 402.00 feet; thence N 0 ° 42'00 E a distance of 40.00 feet to the true point of beginning. This easement shall run with the land and shall be irrevocably binding on all parties having or acquiring any right, title or interest in the land described herein or any part thereof until such time as a legal and acceptable alternate method.for providing ingress, egress, and utility services is accepted and approved by all of the parties described herein. This easement shall also allow for access, repair, maintenance and replacement as necessary of sanitary sewer and water line to the city of Tukwila. WITNESS emu- hand S' this 19th day of Jamu04 , 19 Owner / _ , r (seal) Ale ,41 tAfAl/ State of Washington ) County of King SS I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this 19th day of Janway 19 79 , personally appeared before me THOMAS S. AITON ROBERT LENHART to me known to be the individuall_ described in and who executed the within instrument, and acknowledged that he (they) signed and sealed the same as thekt free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. for the State of Washington, residing at KING NOTARY PUBLIC in and Know all men by these presents that we, the undersigned, owners in fee simple of the land described herein, hereby declare this easement and place same on record. We are the owners in fee simple of the following described real estate to wit: Javuuvu j DECLARATION OF EASEMENT See attached Description #1. on which we are providing a utility easement over, under, and across the following described parcel: State of Washington County of King See attached Description #2. This easement shall run with the land and shall be irrevocably binding on all parties having or acquiring any right, title or interest in the land described herein or any part thereof, until such time as said utility is no longer in use by any party herein described above. WITNESS , 19 79 I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this 19 -th day of J , 19 19 , personally appeared bemire me THOMAS S. AITON this 19th day of ROBERT LENHART to me known to be the individual 4 described in and who executed the within instrument, and acknowledged that (they) signed and sealed the same as h free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. : Notary Public in and for the State of Washington, residing at Se.attU DESCRIPTION #1: DESCRIPTION #2: That portion of Lot #3 of Brookvale Garden Tracts as recorded in Book of Plats, Volume 10, Page 47 1/2, records of King County, Washington, described as follows: Commencing at the West quarter corner of Section 23, Township 23 North, Range 4 East, W.M.; thence S 0 ° 42'00" W a distance of 662.00 feet to the true point of beginning; thence continuing S 0 ° 42'00" W a distance of 66.00 feet; thence S 88 12'00" E a distance of 15.00 feet; thence S 0 ° 42'00" W a distance of 265.00 feet; thence S 88 ° 12'00" E a distance of 627.00 feet; thence N 0 ° 42'00" E a distance of 184.20 feet; thence N 88 ° 12'00" W a distance of 300.00 feet; thence N 0 ° 42'00" E a distance of 146.80 feet; thence N 88 ° 12'00" W a distance of 342.00 feet to the true point of beginning. That portion of Lot #3 of Brookvale Garden Tracts as recorded in Volume. 10, Book of Plats Page 47 1/2, records of King County, Washington; described as follows: Commencing at the West quarter corner of Section 23, Township 23 North, Range 4 East, W.M., thence S 0 ° 42'00" W along the West line of the Southwest quarter of said Section 23 a distance of 615.41 feet more or less to a point on the Southerly right -of -way line of Renton -Three Tree Point Road; thence S 33 °u 42'30" E along said right -of -way line a distance of 634.90 feet; thence S 0 ° 42'00" W a distance of 143.85 feet to the true point of beginning; thence N 88 ° 12'00" W a distance of 15.00 feet; thence S 0 ° 42'00" W a distance of 144.20 feet;. thence S 88 ° 12'00" E a distance of 15.00 feet; thence N 0 ° 42'00" E a distance of 144.20 feet to the true point of beginning. Gentlemen: SAFECO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE To: CAVNESS ENGINEERS, INC. 201 South Division, Suite B Auburn, Washington 98002 Fourth & Vine Building P.O. Box 21987 Seattle, Washington 98111 Telephone: (206) 292 -1550 Attention: Terry Ferguson Order No. 401232 This is a certificate as of August 21, 1978 at 8:00 a.m., for a plat of the following property: Tract 3, Brookvale Garden Tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington; EXCEPT that portion conveyed to King County for road purposes by deed recorded under King County Recording No. 2617167; EXCEPT those portions conveyed to State of Washington for Primary State Highway No. 1 by deeds recorded under King County Recording Nos. 5473605 and 5485616; AND EXCEPT that portion condemned for Primary State Highway No. 1 in King County Superior Court Cause No. 596090. This Company certifies that record title is vested in: KATHERINE A. NAYLOR, whose name also appears of record as CATHERINE A. NAYLOR, as her separate estate, as to that portion of said premises described as follows: That portion of Tract 3, Brookvale Garden Tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington, described as follows: Commencing at the Northeast corner of said Tract 3; thence South 145 feet; thence West 300 feet; thence North 145 feet; thence East 300 feet to the point of beginning; EXCEPT that portion conveyed for road purposes by deed recorded under King County Recording No. 2617167 and EXCEPT that portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under King County Recording No. 5485616; and in HERBERT L. LAMB and DORIS M. LAMB, his wife, as to that portion described as follows: (Continued) Order No. 401232 Page 2 The South 115 feet of the West 275 feet of Tract 3, Brookvale Garden Tracts, according to plat recorded in Volume 10 of Plats, page 47, in King County, Washington; EXCEPT any portion thereof lying within the West 15 feet of said tract as condemned for Primary State Highway No. 1, in King County Superior Court Cause No. 596090; TOGETHER WITH an easement over the South 10 feet and the South 20 feet of the West 10 feet of the East 367 fee-Of-said Tract 3 and the North 10 feet of Tract 4, Brookvale Garden Tracts, EXCEPT the West 265 feet thereof; and in THOMAS S. AITON, a single man; ROBERT LENHART and PATRICIA MARIE LENHART, husband and wife, as to the remainder of said premises free from all liens, encumbrances and objections, except as follows: 1. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on October 13, 1954, in the office of the recording officer of King County, Washington, under recording number 4495986, In favor of: ALMA GRAMANN, a spinster For: Pipeline Affects: Portion vested in LAMB 2. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on March 12,. 1964, in the office of the recording officer of King County, Washington, under recording number 5709886, In favor of: CITY OF TUKWILA, a municipal corporation For: Water line or lines together with right of access Affects: The South 10 feet of the East 85 feet of portion vested in LAMB 3. Easement for electric transmission and distribution line, together with necessary appurtenances, granted by instrument recorded on October 2, 1964, in the office of the recording officer of King County, Washington, under recording number 5793881, To: CITY OF SEATTLE, a municipal corporation Affects: The East 10 feet of the West 50 feet of the South 115 feet of portion vested in LAMB (Continued) Order No. 401232 Page 3 3. Continued Said easement contains the following: Covenants against interference and blasting. Rights of access for purposes of maintenance and repair. Right to cut all brush and timber and trim all trees standing or growing which constitute a menace or danger to said line. 4. Easement affecting a portion of said premises and for the purposes hereinafter stated, condemned by final decree entered on April 30, 1965, in King County Superior Court, Cause No.: 608902 In favor of: HERBERT L. LAMB and DORIS M. LAMB, his wife For: Ingress and egress Affects: Portion vested in AITON and LENHART 5. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on March 12, 1964, in the office of the recording officer of King County, Washington, under recording number 5709883, In favor of: CITY OF TUKWILA For: Water line Affects: Portion vested in AITON and LENHART 6. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by instrument recorded on August 25, 1966, in the office of the recording officer of King County, Washington, under recording number 6073885, In favor of: WASHINGTON NATURAL GAS COMPANY, a public utility corporation For: Utility easement Affects: Portion vested in AITON and LENHART 7. Relinquishment of all existing, future or potential easements for access, light, view and air, and all rights of ingress, egress and regress to, from and between said premises and the highway or highways to be constructed on lands conveyed by Deed dated July 30, 1962, recorded August 30, 1962 , in the office of the recording officer of King County, Washington, under recording number 5473605, To: The State of Washington. (Continued) Order No. 401232 Page 4 8. Provisions contained in Decree of Taking Way of Necessity by Condemna— tion in King County Superior Court Cause No. 608902, recorded under Recording No. 364230, as follow: Ordered, adjudged and decreed, that said easement may be moved at the option of the defendants without interruption to the right of use thereof by the plaintiffs so long as equal and equivalent access is provided to the plaintiffs to their property at the Southeast corner thereof; any expense incident to such shifting shall be born by the defendants, their heirs, successors or assigns and when completed shall provide plaintiffs, their heirs, successors or assigns a roadway equivalent to that existing at the time of such shifting and access equal to that available to them by the private way of necessity herein established, and it is further Ordered, adjudged and decreed, that upon such equal and equivalent access being provided to the plaintiffs, their heirs, successors or assigns, the right herein established shall thereupon be deemed void to the extent that equivalent facilities have been provided to plaintiffs property over such substitute private way of necessity, and it is further Ordered, adjudged and decreed, that maintenance upon said easement shall be at the expense of the plaintiffs to the point thereon at which mutual use is made by the plaintiffs and the defendants; across such portions as may be mutually used, maintenance costs shall be shared equally. 9. Relinquishment of all existing, future or potential easements for access, light, view and air, and all rights of ingress, egress and regress to, from and between said premises and the highway or highways constructed on lands condemned by proceedings under King County Superior Court Cause No. 596090; By: State of Washington. 10. Relinquishment of all existing, future or potential easements for access, light, view and air, and all rights of ingress, egress and regress to, from and between said premises and the highway or highways to be constructed on lands conveyed by Deed dated August 17, 1962, recorded September 27, 1962, in the office of the recording officer of King County, Washington, under recording number 5485616, To: The State of Washington. (Continued) Order No. 401232 Page 5 11. Release of damages dated May 26, 1964, recorded on June 22, 1964, in the office of the recording officer of King County, Washington, under Recording No. 5751617; wherein the hereinafter named owner, for and in consideration of the granting a permit to construct a water system, do hereby release to State of Washington from all future claims for damaged resulting from such construction. Owner: ALMA C. ST. PIERRE and EDMOND ST. PIERRE 12. Agreement dated , recorded March 11, 1964, in the office of the recording officer of King County, Washington, under recording number 5709309, entered into by and between: ALMA C. ST. PIERRE, et al; and CITY OF TUKWILA; Providing: For relocating of water lines and tap charges 13. Covenants, conditions and restrictions in declaration of restric- tions, a copy of which is hereto attached; Dated: Recorded: October 4, 1973, in the Department of Records and Elections of King County, Washington, under King County Recording No.: 7310040292 Executed by: CHARLES A. FOX and ELIZA FOX, HERBERT L. LAMB and DORIS M. LAMB, KATHERINE A. NAYLOR, a single woman, and ALMA C. ST. PIERRE, a separate estate 14. Easement for electric transmission and distribution line, together with necessary appurtenances, granted by instrument recorded on May 1, 1978, in the office of the recording officer of King County, Washington, under recording number 7805010738, To: CITY OF SEATTLE, a municipal corporation, and PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington corporation Affects: Portion vested in AITON and LENHART Said easement contains the following: Covenants against interference and blasting. Rights of access for purposes of maintenance and repair. Right to cut all brush and timber and trim all trees standing or growing which constitute a menace or danger to said line. (Continued) Order No. 401232 Page 6 15. Deed of Trust dated March 31, 1978, recorded on April 6, 1978, in the Department of Records and Elections of King County, Washington, under King County Recording Number 7804060137, to secure an indebtedness of $128,780.00, and any interest, advances, or other obligations secured thereby; Grantor: THOMAS S. AITON, a single man; ROBERT LENHART and PATRICIA MARIE LENHART, husband and wife Trustee: TRANSAMERICA TITLE INSURANCE COMPANY, a corporation Beneficiary: ALMA C. ST. PIERRE Affects: Portion vested in AITON and LENHART 16. Contract of sale dated February 16, 1977, and recorded on March 10, 1977, in the office of the recording officer of King County, Washington, under recording number 7703100347, Seller: KATHERINE A. NAYLOR, whose name also appears of record as CATHERINA A. NAYLOR, as her separate estate Purchaser: MONTY R. COOKE, a single man (Excise sales tax paid under Auditor's Receipt No. E- 396402). Affects: Portion vested in NAYLOR Said instrument contains the following recital: Purchaser agrees that above real estate contract shall not be sold, assigned or transferred without written consent of seller. If subject real property is sold by purchaser, the above real estate contract must be paid off in full. 17. Contract of sale dated June 30, 1978, and recorded on July 11, 1978, in the office of the recording officer of King County, Washington, under recording number 7807110894, Seller: HERBERT L. LAMB and DORIS M. LAMB, his wife Purchaser: THOMAS S. AITON, a single man, and ROBERT LENHART and PATRICIA MARIE LENHART, His wife (Excise sales tax paid under Auditor's Receipt No. E- 0483854). 18. Warrant No. 41165, dated March 22, 1978, in favor of STATE OF WASHINGTON DEPARTMENT OF REVENUE, against ROBERT M. LENHART and PATRICIA M. LENHART, doing business as DOOFER'S TAVERN, and marital community of ROBERT M. LENHART and PATRICIA M. LENHART, for $529.98, together with interest and costs., entered April 4, 1978, Judgment No. 150682. (Continued) Order No. 401232 Page 7 FK /BB By 19. General taxes for the second half of the year 1978 in the amount of $1,271.39, which become delinquent on October 31st. (Affects: Portion vested in AITON and LENHART - Account No. 115720- 0030 -09). General taxes for the second half of the year 1978 in the amount of $284.98, which become delinquent on October 31st. (Affects: Portion vested in LAMB - Account No. 115720- 0031 -08). Delinquent general taxes for the year 1978 in the sum of $959.75, plus interest. (Affects: Portion vested in NAYLOR - Account No. 115720-0033-06). This company further certifies that all taxes and assessments levied and chargeable have been fully paid except as noted above. SAFECO TITLE INSURANCE COMPANY .FRANK B..KELLY Authorized Signature - • .,_ OCT 4 -1973- 7310040292 DECLARATION OP RESTRICTIVE COVENANTS mIEREAS Charles A. Fox and Elise Fox, Herbert L. Lamb and Doris M. Lamb, Katherine A. Naylor, a single woman, and Alma C. St. Pierre, a separate estate, are the owners of real property located in the City of Tukwila, County of King, State of Washington, described as follows, That portion of the SW k of Section 23. Township 23 N., Range •44 E.M.M., described as followsi Tracts 3 and 4 of Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page 47, records of Xing County, Washington, less all City, County, and State rights-of -way. • WHEREAS the owners of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, thereof; MOM, THEREFORE, the aforesaid owners hereby establish, .grant, and impose restrictions and covenants running with said land as to the use thereof by the undersigned, their successors, heirs, and assigns, as followsi I. . WO USE • • On the above described property, no building or land shall be used and ad building shall be erected, altered, or enlarged, which is arranged, intended or designed for other than one of the following uses$ Apartment houses,' boarding houses, lodging bouses,'clinics. convalescent hoses, convents, private clubs or fraternal 7310040292 orders, office buildings, hotels, motels, banks, barber shops, beauty shops, book or stationery stores, clothing stores, confectionary stores, drug stores, dry goods stores, electrical shops, radio or television repair shops, florist shops, furniture stores, grocery stores, hardware stores, jewelry stores, lauadroaats,. restaurants, abe, stores, aetoaobile sales lots, bakery or pastry Shop!, bars or cocktail lounges, billiard or pool halls, bowling alleys, business or oosiaercial schools, photographic studios, drive - in restaurants, dry cleaning establishments, .3 .. h DITIONAL S0iE19' • 0 n • • . '!' .. '. ��: •:�::: .... ... ... .. . ti • scapid• areas shall be served by an automatic underground ,sprinkler sy.tem' and the plans for all landscaping are subject to approval by the City Planning Commission. V. 'OUTSIDE STORAGE Mere shall be no outside storage of non - rolling goods or . materials whatever. Garbage must be kept within a structure or separate walled,area of brick or better surrounded on at ,'• least three (3) sides by landscaped stripe at least five (5) ' feet in width. VI. RIGHT -OE -NAY DEDICATION Upon development of the subject property for any use other than for single family residences a strip of land ten (10) feet In width and running north to south adjacent the west boundary of Pifty -Third Avenue South, from Southcerter Soulevr_•d to the Tukwila Interchange respectively, must be dedicated by the property owner to the City of Tukwila at ma cost to the City o!,Tukvila. VII. • g'IME PERIOD • !'hose covenants shall run with the land and expire on December 31, 1393, however if said land is not reasoned to C-2 (Local Retail liminess) classification on or before December 31. 1373, said covenant shall be null and void. • Any violation or breach of any of these restrictive covenants may be enforced by appropriate legal procedures in the Superior Court of Ring County. or any other court or tribunal having jurisdiction thereover either by the City of Tukwila or any property owners adjoining said land who are adversely affected by said violation or breach. ' A ?t 1"; Ratisorins A. Naylor OCT 4 -973 • 3 • 'Chi es A. sox Elise Pox 1 54-we"" ' Norbert L. Lamb Doris N. Lamb • Alms C. St. Pierre - R • • .... • .7.. . • )11 .4 .4 • • 1 • .. O 41 • a. • 4 fo ii 14 1 11 0 • 0 44 ..1 • 14 • 41 O .4 A 14 a 2 4 Is 2 •.• • C ... 9 ..4 VI A • • a. • 1114 O. 0 0 • .I 0 .4 4' ••14 • • 4 • 0 4 8 Op • 14 qr . I • 1 k O 241 .4 0. v O g V 4 114 14 C • C C . • N 0 At • 114 $'• ' 4 A 0 0 • '0 4 • • 5 • • as .4 ai • .......... 1 • 2 p 4. • • z • — A CA = g • 41 N • V ... .• 1 M. • 4 N .4 .4 t3 4t IS 0 V •• 44 • 2 2 8 • _ a u a at it .4 • Si .4 a o - es • 3 ii -4 0 IN • +.1 • ... .• li • r - It ba E 14 01 by k ▪ § • • •c: 2 • ZEZOPOOICL - • Yt 0 C C 4 0 C r -• 14 • • • • 0. PARIS & RECREATION 3.3LDIIIG PLAt:!t I NII.. .2 March 1978 MEMORANDUM CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT TO: Maxine Anderson, Ci y Clerk FROM: Gary Crutchfiel4JListant Planner SUBJECT: DEVELOPER'S AGREEMENTS: Foster's Unusual As a result of the review of the plans proposed for Foster's Unusual, a retail furniture outlet, two agreements relating directly to the development have been executed by the property owners. Both are attached. First, the certification dated 21 January 1978 assures the development of the total parcel on a unitary basis. Second, the certification dated 15 February 1978 outlines the agreement to equitably participate in the improvement of South 53rd Street. Please file both certifications as a "Developer's Agreement" for future reference. GC /ch Attachments: 1. Certification dated 21 January 1978 2. 'Certification dated 15 February 1978 6230 Southcenter Boulevard ■ Tukwila, Washington 98188 • (206),242 -2177 City of Tukwila Office of Community Deirelopment 6230 Southcenter Boulevard Tukwila, Washington 98188 Attn: Mr. Gary Crutchfield Assistant Planner Gentlemen: Ter -I . Foster Barbara J. 06'ster LAW OFFICE• OF JOHN C. O'ROURKE 515 SOUTH 223MD, SUITE s P. 0. BOX 0.741 DES MOINES, WASHINGTON B8113B 206-.24.2502 January 21, 1978 Signed and dated this 21st day of January, 1978. Re: Foster's Unusual /Lot 4, Brookvale Garden Tracts This letter will certify that the undersigned, as owners and contract purchasers of the above referenced tract, intend and are proceeding with the development of subject property on a unitary basis. The improvements under contract will be limited to a retail commercial building including accessory office and ware- house space per plans of Mr. Alexander Sasonoff, ALA.. Lytn D. Foster 1 • + J it • ' `-k Jud L. (koster City of Tukwila Office of Community Development 6230 Southcenter Boulevard Tukwila, Washington 98188 .Attn: Mr. Gary Crutchfield Assistant Planner Gentlemen: February 14, 1978 Re: Lot 4 /Brookvale Garden Tracts /Planning Commission Review 1/26/1978 This letter will confirm that the undersigned, as owners and contract purchasers , of the above referenced tract, hereby agree to participate equitably in a street improvement method as may be established by the City of Tukwila for street im- provements which shall affect 53rd A.venue South, south of the Renton -Three Tree Point Road and north of the State Highway R/W - all within the City of Tukwila. Said street improvements shall include but are not limited to the following: (1) curbs and gutters; (2) sidewalks; (3) storm drainage as they may affect the westerly portion of said 53rd Avenue South; and (4) resurfacing, which will apply to the entire street sec- tion recited above and which cost will be shared by all abutting owners. This undertaking shall run with the land and shall not be construed as personal to those executing this instrument. SIGNED AND DATED this 15th day of February, 1978. .. ' , •. /. Terry D -. - Foster Barbara J. F'6 ter STATE OF WASHINGTON )ss. COUNTY OF KING ) i Lyu'n D. Foster _ \'mow.:.' ^ + \� C � _�ci� - Judy L. \Foster On this day personally appeared before me Terry D. Foster, Barbara J. Foster, Lynn D. Foster, and Judy L. Foster to me known to be the individuals . described in and who executed the within and foregoing instrument and acknow- ledged to me that they signed the same as their free and voluntary act and deed for the purposes therein mentioned. February 14, 1978 City of Tukwila Page two Given under my hand and official seal this 15th day of February, 1978. Notary Public in and at Seahurst. State of Washington, residing ... .8429:4. SS ITOi� ;SHOR, PLA y at ■ �9P' x.Are . . •.. . .. • 50151-1GENTn2 1S!7 '•'',..:, , ... • . , I. 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S C <=r= .5 is mmt .3.0 - • - 111 - 3 • -910.- FAH • • • - - - 1.- .9i • 1 : -: .: • "1-■ • - I 1 I I 1 I i : us•-r -- . ; i I I • ' k.... '<f71 a5.3 I ... .... : NH .,3-A RIM...65.6.t I ...54.6.ea" IN) 1•E'...4-7•,o' \A /.1 ...... . 19_.^ • : : : : :1 . c•1 ''. •:9):- • - - 1 ' [- -7- - I - • -ce,i Q . . PROFILE: ... : M : : A T (..): NH 31'.) .:r...Ei;... ••: , • , . . jqz I . . . i • ‘ I . ., • • • i , 4; .s..ALE IN so: HOr z .. I ..3: V.04: 1 ., v - 0 - - 00. 2+ oo L. QI :19.5- • a 4)56: kir.o. . - i9.e., 0,..i.,.. • ,..1.4.: • Vc.fx . . '•• % • ' ' ,.,,,.. .. c LIMMAU ms..,,,RR 'CAVNESS ENGINEERS INCORPORATED - • . SANITARY SEWER PLAN FOR TOM AITON . ' TUKWILLA WASH. ..,,,9Z29/78 „ NOTED r.•. Noll/A- FOR MR TOM AITON 3837 LAKE WASHINGTON BLVD . NO RENTON, WASHINGTON 98055 MIINO ., 2039-2 CIVIL ENGINEERS 201 SOUTH DIVISION SUITE ' ' C • • ., LAND SURVEYOR . AUBURN, WASHINGTON . 98002 PLANnERS • (206) 941-2750 924-0339 1./ET TM CCI-51212L) 1Zew,E1) Ii CM' cc itItWILLA L.O. ii•1(-744 • fOrot, CIIIRCIAED SVM•01. REVISION av G•PROVED DATE •P•ROVILD ". • .,;•••• 5 7 I f: e Oe GE BC LE 9Z GE VZ Et EZ I OZ 61 91 /A 91 LI I Cl . Z1 11 awl. -; „, • - IF THIS MICROFILMED DOCUMENT IS LESS = CLEAR THAN THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DOCUMENT .• i • wNwEe.43/AFAINV REVISION EV • APPR'D DATE • go • 50 _ A :I /el - UM/A/AR)" .GRALVA/G /PC/P1./ "' :* 7i4/TON:Tratilisle/i . 75 " .,:;:, • 1 --.""r2 itqlrip I iliiip 1 trilitiPplilifiltrirrip 3 4 5 -- 6 7 litrkilifr ... — RD FLVIBI1 RULER . 3p AWmo [i 0€ 6Z O. a 9Z se ye a a iz OE et et et st NI at 'et et u 0 L ----111.01111049066014440466101161614011166616604140411111 1 . . A4o,er,v Ere,OG. / peAcriA/cS e.eime 95 BaPe" rr 74, RB 5M/en/RAC 14/A ,PAR,t Ger SEC 45- semde : ' HOR ./",* .5 Veer C IF THIS MICROFILMED DOCUMENT IS LESS LEAR THAN THIS NOTICE, IT IS DUE TO :1 THE QUALITY OF THE ORIGINAL DOCUMENT • ROGReg ANNROVEO • NATE ECALE' 4 - • CIVIL ENGINEERS • LAND SURVEYORS • PLANNERS 201 SO. DIVISION • AUBURN, WA 98002 (206)941-2750 • 924-0339 PIER NO. NO. 24•Z6 -Z • - •