HomeMy WebLinkAbout2013 - Memorandum of Disposition and Development Agreement - Tukwila Village Development Associates LLC - 20130212001612 MST AMERICAN -1 v4,416-1
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AFTER RECORDING MAIL TO: 20130212001612
Name City of Tukwila FIRST AMERICAN MEMO 40.00
Address 6200 Southcenter Blvd. PAGE-001 OF 009
02/12/2013 12:41 .
City/State Tukwila, WA 98188 KING COUNTY, UA
Attn City Clerk —_-- --—_---- ---_
Document Title(s):
1. Memorandum of Disposition and Development Agreement
Reference Number(s) of Documents Assigned or released:
N/A
Grantor(s):
1. Tukwila Village Development Associates, LLC
2.
[ ] Additional information on page of document
Grantee(s):
1. City of Tukwila
2.
[ ] Additional information on page of document
Abbreviated Legal Description:
PTN LOT 9, BLOCK 3, JAMES CLARK'S GARDEN ADD. TO THE CITY OF SEATTLE, VOL. 13, P. 12
AND PTN SEC 15 TWP 23N RGE 4E SE QTR SW QTR; LOTS 1-6 AND PTN LOT 7, CHERRY LANE,
VOL. 48, P. 21; LOTS A AND B, SP NO. 90-9-SS, REC. 9010240314; AND PTN LOT 12-15, BLOCK 2,
ADAMS HOME TRACTS, VOL. 11, P. 31, KING COUNTY
Tax Parcel Number(s):
152304-9242-01, 152304-9096-08, 152304-9092-02, 152304-9208-03, 155420-0005-09, 155420-
0010-02, 155420-0015-07, 155420-0020-00, 155420-0025-05, 155420-0030-08, 155420-0036-02,
155420-0037-01, 155420-0033-05, 155420-0035-03, 155420-0034-04, 004000-0180-04, 004000-
0194-08, 004000-0146-07, 004000-0145-08, 004000-0191-01, 004000-0196-06 and 004000-0198-
04
[ X ] Complete legal description is on page 5-9 of document
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
(Space Above This Line For Recorder's Use)
MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
GRANTOR: Tukwila Village Development Associates, LLC, a Washington
limited liability company
GRANTEE: City of Tukwila, a municipal corporation of the state of
Washington
LEGAL DESCRIPTION: See Attachment No. 1 hereto (page 4 of document).
PARCEL NUMBERS: 152304-9092-02, 152304-9096-08, 152304-9242-01, 155420-
0005-09, 155420-0010-02, 155420-0015-07, 155420-0020-00,
155420-0030-08, 155420-0036-02, 155420-0025-00, 155420-
0037-01, 155420-0033-05, 155420-0035-03, 155420-0034-04,
004000-0145-08, 004000-0146-07, 004000-0180-04, 004000-
0191-01, 004000-0194-08, 004000-0196-06 and 004000-0198-04.
THIS MEMORANDUM OF DISPOSITION AND DEVELOPMENT AGREEMENT
(the "Memorandum") is made as of December 21, 2012, by and between the City of Tukwila, a
municipal corporation operating under the laws of the state of Washington as a non-charter code
city (the "City"), and Tukwila Village Development Associates, LLC, a Washington limited
liability company (the "Developer"). This Memorandum confirms that the City and Developer
entered into that certain Disposition and Development Agreement, dated as of October 30, 2012
(the "DDA"). The DDA sets forth certain rights and obligations of the City and Developer with
respect to conveyance, development, operation, maintenance and transfer of ownership interests
in that certain real property in Tukwila, WA, described in the attached Attachment No. 1. Such
rights and obligations as set forth in the DDA constitute covenants running with the land and are
binding upon the City, Developer, and their respective permitted successors in interest under the
DDA until such time as an Estoppel Certificate of Completion is issued by the City pursuant to
the DDA; provided that, certain covenants set forth in the DDA shall survive issuance of the
Estoppel Certificate of Completion.
1
This Memorandum is prepared for the purpose of recordation, and it in no way modifies
the provisions of the DDA. A complete copy of the DA is on file with the Office of the Tukwila
City Clerk and was approved by motion of the Tukwila City Council at a Special Meeting held
on October 22, 2012.
CITY
CITY OF TUKWILA, a municipal corporation
By:
Its: / ;tfl/ /ills:
VILLAGE DEVELOPMENT
ASSOCIATES, LLC
By: A, 49°1
Its: M f1--
2
STATE OF WASHINGTON )
) ss
COUNTY OF 3(t„n0� )
On 4;11 CO" Awe t.a.0 , before me, A Nofittrj Public, , personally appeared
37M -Pa 4qMerlon. personally known to me (or proved to me on the
basis of satlffactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
..;Netg A it 44;
011,tzeers_ q, -740—
Print Name:hA4 USkag. f10 vF-
0 Z NOTARY PUBLIC in and for the State of
/ ip .'•1•16a..� � = Washington, residing at TµKaiitok✓
My commission expires: If ik//(,
.11 111,18.0
STATE OF WASHINGTON )
)ss
COUNTY OF Kul' 5 )
On 0/154. Dte;cm.13,4-, do , before me, q Alo4a✓t �IJ, I , personally appeared
a M • Pa ic_ personally own to me (or proved to me on the
basis bf satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
r+4"M.1. °A Print Name: MQ.it SSo. Q•tfiwf
NOTARY PUBLIC in and for the State of
4ti�„�t+ Washington, residing at fl.kwito-.
1 N 0 t`s 1 � My commission expires: s 1/Q�l
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3
Attachment No. 1
Legal Description of the Property
PARCEL A:
THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARKS GARDEN ADDITION TO THE CITY OF
SEATTLE.AS PER PLAT RECORDED LN VOLUME 13 OF PLATS.PAGE 12.RECORDS OF KING COUNTY
AUDITOR:AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23
NORTH.RANGE 4 EAST W. I.,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF
SAID SOUTHEAST 1/4:
THENCE SOUTH 01°27'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION:
THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH
(STATE ROAD NO. 1),DISTANT SOUTHERLY 250.50 FEET(AS MEASURED ALONG SAID EASTERLY
LINE)FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH
812.6 FEET OF SAID SOUTHEAST 1/4:
THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9:
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF:
THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIB A
HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO.412377:
THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01°27'30" WEST
FROM THE TRUE POINT OF BEGINNING:
THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID
SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4:
THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET:
THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGLNNING.
PARCEL A•1:
A NON-EXCLUSIVE EASEMENT FOR LNGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN
WIDTH THE SOUTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET
OF THE SOUTH S 12.6 FEET OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF SECTION 15.
TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER
OF SAID SUBDIVISION:
THENCE SOUTH 01°27'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY
LINE OF THE EASEMENT HEREIN DESCRIBED:
THENCE SOUTHWESTERLY TO A POLNT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH
(STATE ROAD NO. 1)WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID
HIGHWAY FROM A POINT IN THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET.MORE OR
LESS.WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH
LINE THEREOF AS THE SAME IS PRODUCED WESTERLY:
SITUATE IN THE CITY OF TUKWILA COUNTY OF KING.STATE OF WASHINGTON.
4
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL B:
THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15.TOWNSHIP 23
NORTH,RANGE 4 EAST,WM .LYING EASTERLY OF WASHINGTON STATE HIGHWAY NC). 1
(PACIFIC HIGHWAY SOUTH):
SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON.
PARCEL C:
LOTS 1 THROUGH 6 INCLUSIVE.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED
N VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON:
PARCEL D:
THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 15.TOWNSHIP 23 NORTH. RANGE 4 EAST W M . LYNG EASTERLY
OF THE STATE HIGHWAY NO. 1:
EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT
RECORDED UNDER RECORDING NO. 1158645:
AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15.
TOWNSHIP 23 NORTH.RANGE 4 EAST W.M..LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE
HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF
SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH.
CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396:
SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING. STATE OF WASHINGTON.
PARCEL E:
LOT A OF SHORT PLAT NO. 90-9-SS.RECORDED UNDER RECORDING NO. 9010240314.BEING A
PORTION OF LOT 7. CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48
OF PLATS.PAGE 21.IN KING COUNTY. WASHINGTON:
5
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL F:
LOT B OF SHORT PLAT NO. 90-9-SS.RECORDED UNDER RECORDING NO. 9010240314.BEING A
PORTION OF LOT 7,CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48
OF PLATS.PAGE 21. IN KING COUNTY.WASHINGTON;
PARCEL G:
THE NORTH 220 FEET OF LOT 7,CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 48 OF PLATS.PAGE 21.Ili 1 KING COUNTY.WASHINGTON:
EXCEPT THE NORTH 132 FEET THEREOF:
PARCEL H:
LOT 7.CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS.
PAGE 21.IN KING COUNTY.WASHINGTON:
EXCEPT THE NORTH 220 FEET THEREOF:
AND EXCEPT THE SOUTH 84 FEET THEREOF:
PARCEL I:
THE SOUTH 84 FEET OF LOT 7. CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY.WASHINGTON:
PARCEL K:
THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 N
BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 31.
RECORDS OF KING COUNTY.
EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY. STATE
OF WASHINGTON.RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF
WASHINGTON RECORDED UNDER RECORDING NO 9603260430.RECORDS OF KING COUNTY.
SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING. STATE OF WASHINGTON.
6
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL L:
THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 PSI BLOCK 2 OF ADAMS HOME TRACTS.AS
PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 31,RECORDS OF KING COUNTY.
SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING, STATE OF WASHINGTON.
PARCEL M:
THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS.AS PER PLAT RECORDED
IN VOLUME 11 OF PLATS.PAGE 31.DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF
TRACT 14:
THENCE WESTERLY 100 FEET:
•
THENCE NORTHERLY 26 FEET:
THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET:
THENCE EASTERLY 109.85 FEET:
THENCE NORTHERLY 22.20 FEET:
THENCE EASTERLY 60 FEET:
THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING:
SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON.
PARCEL N:
THAT PORTION OF LOTS 12. 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS PAGE 31,DESCRIBED AS FOLLOWS:
BEGENNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14:
THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET:
THENCE EASTERLY 78.51 FEET:
THENCE SOUTHERLY 26 FEET:
THENCE EASTERLY 100 FEET:
THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON.
7
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL 0:
LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.
PAGE 31.RECORDS OF KING COUNTY:
EXCEPT THE WEST 60 FEET THEREOF.
SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING. STATE OF WASHINGTON.
PARCEL P:
THE WEST 2S.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED N
VOLUME 11 OF PLATS. PAGE 31.RECORDS OF KING COUNTY:
SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING. STATE OF WASHINGTON.
PARCEL Q:
LOT 15.BLOCK 2. ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF.RECORDED IN
VOLUME 11 OF PLATS. PAGE 31, IN KING COUNTY.
EXCEPT THE WEST 29.5 FEET THEREOF:
AND EXCEPT THE SOUTH 11.5 FEET THEREOF:
AND EXCEPT THE EAST 3.0 FEET THEREOF.
8