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Home My WebLink AboutPermit 81-39-SS - CONTINENTAL LINE - SHORT PLAT81-39-ss nw quadrant of south 134th street 47th avenue south CONTINENTAL LINE SHORT PLAT Attn:.Diane Kenny City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor Roberts & Shefelman 4100 Seafirst Fifth Ave Plaza 800 Fifth Ave. Seattle, WA 98104 SUBJECT: Continental Lime Short Plat 17 May 1982 We have finally received back from the County Department of Records and Elec- tions the. Auditor's file numbers for the Continental Lime Short Subdivision and its concommitant LID agreement. The numbers assigned to these documents are as follow: 1) Short Plat -- 820480545 2) Agreement -- 820480546 Certified copies of the recorded documents must be obtained directly from the County; however;I have enclosed copies of these .. items for your records. We certainly appreciate your patience throughout the lengthy process of approving your client's plat application. encl . MC /ibm TUKWILA PLANNING DEPARTMENT Brad Cols, AICP -- Director Mar aubey ociate Planner 8204280545 LEGAL DESCRIPTION This space reserved for recorder's use Filed for record at the request of: Continental Lime, Inc. Name . Return to: (tio' IUK I )'LM NU, • t 1 - sy - TUKWILA, WASHINGTON. Planning Division Office of Community Development 6230 Southcenter Boulevard Tukwila,, Washington 98188 SEE ATTACHED ASSESSOR DEPUTY ASSESSOR. APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this 20th day of April 1982 Chairman, R'ho*t Jubdivision Commit CONDITIONS 1) The applicant shall complete an agreeme to participate in any future L.I.D. in the plat vicinity 2) -The appl icant.,recogni zes, as a matter c record, that storm drainage ^== facilities in the area are inadequate for further development. DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS Day of , 19 8204280546 THIS AGREEMENT is executed this date by and between the CITY OF TUKWILA, King County, Washington (the "City "), a municipal corporation of the State of Washington and CONTINENTAL LIME, INC., a Utah corporation (the "Owner "). RECITALS: WHEREAS, the Owner is the contract purchaser of property located in the City described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Owner has submitted to the City a short plat application for the Property under File No. 81 -39 -SS (the "Short Plat "), which application has been approved by the City on the condition that the Owner prepares and executes an agreement providing for the Property's participation in any future street local improvement districts ( " LIDs ") for the improvement of either or both South 134th Street and 47th Avenue South which include all or a portion of the Property; and AGREEMENT WHEREAS, the Department of Public Works has determined that the improvement of South 134th Street in the vicinity of the Property will be required in the event that any parcel within the Short Plat develops and that the improvement of. 47th Avenue South in the vicinity of the Property will be required in the event that either Parcel 1 or Parcel 2•within the Short Plat develops; and WHEREAS, the City's Department of Public Works also has determined that in order to provide for the public health, safety and general welfare with respect to the Property and other property located in the vicinity of the Property, one or more LIDs may be formed for the purpose of improving either or both South 134th Street and 47th Avenue South, providing This space reserved for recorder's use Filed for record at the request of: Continental Lime, Inc. Name Return to: LEGAL DESCRIPTION ( 2RT PLAT NO. TUKWILA, WASHINGTON• Planning Division Office of Community Development 6230 Southcenter Boulevard Tukwila, ,Washington 98188 SEE ATTACHED ASSESSOR 81 -39 -SS ( 1� APPROVAL DEPUTY ASSESSOR. CONDITIONS d t Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this 20th day of April 1966 . Chairman, ubdivision ComMitte 1) The applicant shall complete an agreement to participate in any future L.I.D. in the plat vicinity 2) The applicant recognizes, as a matter of record, that existing storm drainage facilities in the area are inadequate. for further development. DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS Day of , 49 Short Plat No: LEGAL DESCRIPTION Lots 9, 10, and 11, Block 1, Subdivision of Lots 7, 8, and 9 of Fostoria Garden Tract, according to the plat recorded in Volume 11 of Plats, page 76, in King County, Washington; Together with that portion of Tract 6, Fostoria Garden Tract, according to the plat recorded in Volume 9 of Plats, page 95, in King County, Washington, lying southerly of S 133rd St. as conveyed to King County for road by deed recorded under King County Recording #1006282; Except those portions thereof described as follows: All that portion lying southwesterly of a line drawn parallel to and 35 feet northeasterly when measured at right angles and /or radially from the PC line centerline to Primary State Highway #1, Foster Interchange to S 118th St; And except all that portion thereof lying northwesterly of the following described line: Beginning at a point opposite Highway Engineer's Station PT FE1 +31.48 and 35 feet southwesterly when measured at right angles and /or radially from said PC line centerline; Thence southwesterly parallel to said centerline to a point opposite Highway Engineer's Station PC FD0 +60.99; Thence S 24 °39'00" W 33.2 feet, more or Less, and intersecting the line above described. • . - : CCAKATION: Know all men by the simple and contract make a short subdivi that said short sub within a period of f a final plat. The graphic representat with the free conse In witness whereof we have set our hands 'u:rold "olpti Cor 4/e r ic---e,-47 H. 3. Pot P h President :. Line 2z : , o o. Inc. by Name' H. T. Rolph, President Co I .1 T r +J .r, i R 1• Name rr�rn seal ( se pres purcha sion th divisio ive yea undersi ion of nt and ss. ents that we ser(s) of t ereof pursua n shall not rs, from dat gned further said short in accordanc I • ,J c ' LE.8,... v p ti , the undersigned, owner( he land herein described nt to RCW 58. 17.060 and ac be further divided in a e of record, without the declare this short plat subdivision and that same e with the desire of the and seals. ame Geo. P. .:filler, Secretary— Treesiirer Name residing at Spokane s) in fee do hereby knowledge ny manner filing of to be the is made owner(s). STATE OF WASHINGTON, • s& County of . King - On this 4tli day of NoQvember , 19 R before me, the undersigned, a Notary Public in and for the State of. ashington, my commissioned and sworn, persollf y appeared T.. Blondal : - and - H.A. King to me known to be the active - d active Secretary, respectively, of z Conti ent !�nc. .. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute .the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year above written. • ,A, . - , .., . Notary Public in and f tb tats of Washington, . residing at . Shcrt Plat Number Page .3 of • Geo. R. Miller, . Secretary.Tr►eesv.rer STATE OF WASHINGTON, County of Spokane On this 28th day of September , 19 81, before me, the undersigned, a Notary Public in and for the State of. Washington, duly commissioned and sworn, personally appeared H. E. Rolph 'and Geo. R. Miller to me known to be the active President and active Secretary, respectively, of Herold Ilollitt Corp and B Line Tr n rt Co.., Inc. the corporation that' executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute .the said instrument and that the seal affixed , (if any) is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year fiat above written. Notary'Pubiic in and for As Stale o f Washington, ' Land Surveyor's / 7 U / Date 5-QEc^ z t,.//..1 L C CA P it 'i') FA Jo I'1 0 Certificate: Certificate No. // Short Plat No. F- 6S Piec 4" 1 ' /7' /o " x/40 " /7' /0"' 224,, /13,4/ //3,40 ,Q % o w� o 6 ® N 0 vi r /4 , , ••E ^/.33 37 474/41/g 5. This short plat correctly represents a survey made by me or under my direction in conformance with the requirements of appropriate state statute and has been properly staked in .accordance with the Tukwila Subdivision Code. N40°11roo 'E k 0 FWD RE$AQ r CA/o /764.8 FNO 11 6 R6/3A,e E CAI' I764B NMIN Map on File'in Vault Direction: Scale: / •/_ /0D • Page 4 4 *ILA •1908 s City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor CONTINENTAL LIME, INC. 10451 Shelibridge Way, #215 Richmond, B.C. V6X -2W8 CANADA ATTN: John Harvey SUBJECT: SHORT PLAT APPLICATION 81 -39 -SS . The Short Subdivision Committee, at its meeting of December . 17, 1981, voted to approve the subject short subdivision application. Before we release the document for recording, however, the Committee's conditions of approval require that you prepare and execute a document providing for your parti- cipation in any future local improvement districts in the plat vicinity. An example of such an agreement is enclosed for use by your legal counsel in preparing one meeting the particulars of this case. We note also that your plat application contains only the legal description for the entire, undivided site; it will be necessary to include separate legal descriptions for each short -plat parcel in the final recorded document. Please forward the draft agreement and supplementary legal descriptions to us upon completion so that our attorney may review them and that we may expedite thereby the release of your short plat. Please call me at 206 - 433 -1849 if you need further assistance. MC /blk Enclosure cc: Planning Director 11 January 1982 TUKWILA,P,i,ANNING DEPARTMENT Mar Caughey Associate Planner 1908 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor SHORT SUBDIVISION COMMI'r nE Minutes of the meeting of 17 December, 1981. The meeting was called to order at 2:25 p.m. in Conference Room #3 of Tukwila City Hall. Committee members present were Fire Chief Hubert Crawley, Acting Public Works Director Phil Fraser and Associate Planner Mark Caughey. Item 1: Application 81 -39 -SS Continental Lime, Inc. The property consists of 3.75 acres at the northwest quadrant of S. 134th St. and 47th Avenue South. The site is zoned M -1 and is designated for light industrial uses in the Comprehensive Plan. The proposed plat creates four new lots in place of the three which now exist. Gordon Pathman and John Harvey were present on behalf of the application. Mr. Fraser discussed concerns of the Public Workd Department regarding roadway surfacing and storm drainage conditions in the plat vicinity. He noted that the width and surface of both S. 134th St. and 47th Ave. So. are such as to require upgrading upon subsequent development of the subdivision through, a local improvement district. If any parcel develops, improvement of S. 134th St. will be needed; if parcels 1 or 2 develop, improvement of 47th Ave. will be required. The applicants were advised to recognize the inadequacy of area storm - drainage in the plat vicinity, and that any construction in the plat will obligate the developer to meet all applicable agency requirements. Moved by Mr. Fraser, with Mr. Crawley's second, to approve Short Subdivision Application 81 -39 -SS as submitted subject to the applicant completing an agreement to participate in future L.I.D.'s in the plat vicinity, and that the applicant recognize the inadequacy of existing storm drainage facilities in the area. Motion Carried. The committee adjourned at 2:54 p.m. Tukwila Short Subdivison Committee Mark Caughey Secretary City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor TO: s hort Subdivision Committee FROM: ' lanning Division Staff DATE: December 1981 SUBJECT: s hort Plat Committee Meeting MEMORANDUM The 1 s Short Subdivision Committee meeting of the year will take place at 2:00 p.m., Thursday, December 10 in Conference Room 3 at City Hall. The ollowing application will be discussed: A) £.plication 81- 39 -SS: Continental Lime Short Plat The .roperty consists of 3.75 acres at the northwest quadrant of S. 134th St. •nd 47th Avenue So. The site is zoned M -1 and is designated for ligh industrial uses in the Comprehensive Plan. The proposed plat cremes four new lots in place of the three which now exist. Staff finds the ollowing in response to the principles of acceptability'contained in T C 17.08.030: 1 Create legal building siteswi.th.respect to zoning and health regu- lations. We find the dimensions of each proposed parcel will conform to minimum setback and area requirements of the M -1 zoning district. Establish access to a public road for each segregated parcel. Each parcel has public roadway access, although roadway width and condition is poor in some instances. Have suitable physical characteristics; a proposed short plat may be denied because of flood, inundation, or swamp conditions or construction of protective improvements may be required as a condition of approval. Flood Hazard management does not seem to be a crucial factor in approval of the proposed plat. If adjacent to another municipality of King County, take into con- sideration the subdivision standards of that jurisdiction, as well as the requirements of this code. This criterion is not applicable. Page -2- Short Subdivision Corr(. *.tee 1 December 1981 10" line S. 139th St. 5. Make adequate provision for: drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes, as deemed neces- sary. The following utility mains are available to serve the proposed plat area: - Sanitary 8" lines S. 139th St.; 47th Ave. So. - Storm No mains adjoining the plat frontage - Water Staff sees no particular impediment to approval of the subject short plat. COl•NME1. HAROLD 14. HIIKFELMAN Dear Mr. Caughey: JAMEM GAY ROGER I.. HI • DRON• ROBERT G. M(wII DAVID H. BUKEY GEORGE M. MACK BLAIR B. BCRROCOHR BRIAN L. COMRTOCK LINDA R. RADOFF TIMOTHY R. CLIFFORD PAUL W. KOVAI.• LEE: R. VOORIIEEM. JR. KAREN B. WATTI4 DAVID H. SWEENEY JUDITH A. SHULMAN WILLIAM G. TONKIN WALTER T. FEATIIERLY I11 DAVID A. BENNETT MICHAEL H. RORICK ROBERT II. CAMPBELL AMY II. GALI.AOHER ROBERT G. Ml'I.LENDORF. ROMEMARY P. HAFFNER GARY N. ACKERMAN DEAN E. JOHNMON ROGER A. MYKI.EHI•RT MICHAEL D. KU'NTZ DIANE I). KENNY EDWIN D. HAI'ZI JON W. MACLEOD EMILY C. VKIEZK I.AI'I. L. AHERN. JR. BENNET A. MCCONA CONY TERERA V. BICIELOW • AI.AMKA IIAR •• ALAMKA AND WARRINGTON HARR ALL (YVIIERR WAMHINGTON HAM ONLY Mr. Mark Caughey Associate Planner Tukwila Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 4100 SEAFIRBT FIFTH AVENUE PLAZA 800 FIFTH AVENUE SEATTLE, WASHINGTON 98104 (200) 622.1818 TELEX 32-1032 TEI.ECOPIER • (200) 024 -2600 April 2, 1982 Re: Short Plat Application 81 -39 -SS ROBERTS & SHEFELMAN (ROBERTS. SHEFELMAN, LAWRENCE. GAY &. moon) Referencing your letter of February 11, 1982 concerning an agreement between the City of Tukwila and Continental Lime, Inc. pertaining to participation in future street local improvement districts, enclosed please find the original and two copies of such an Agreement fully executed by Continental Lime, Inc. It is further our understanding that once the Agreement has been executed by the City, both the original Agreement and the original Short Plat will be recorded in the Office of the King County Department of Records and Elections by the City. Could you please also record one copy of the executed Agreement and return a fully executed, recorded copy to me for retention by our client. While there may be some delay OF COI'NMEI. WILLIAM N. APPEI. ROGER W. DI'MKOCK RETIRED VICTOR I). LAWRENCE J AMEN C. IIARPER .1AMER P. WETER (1877 •1959) F. M. ROHERTM (1880.1073) ANCHORAGE OFFICE SUITE 1500 2550 DENALI IMTNKET ANCHORAGE. AI.AMKA 911503 (907) 276.1358 TEI.21•OI'IER • (007) 272.8332 The enclosed Agreement reflects the comments you transmitted to me in your February 11 letter. We did delete paragraph 6 of the draft Agreement, and we also added a new provision, now appearing as new paragraph 6, concerning enforcement of the Agreement. It is my understanding you will ensure that the Agreement is fully executed by all appropriate officials of the City of Tukwila. I trust you will complete on page 3 of the Agreement a date corresponding to City execution of the Agreement. Mr. Mark Caughey Page Two April 2, 1982 in receiving the recorded document from King County, I believe the Department of Records and Elections is able to provide at the time of recording the auditor's file number. We would appreciate being advised of the recording number as soon as it is available. We transmitted to you under our cover letter dated February 8, 1982, separate legal descriptions for each parcel within the Short Plat. Accordingly, I believe Continental Lime, Inc. has complied with all of the City's requests set forth in your letter to Continental Lime, Inc. dated January 11, 1982 prerequisite to completion of the Short Plat. Unless we hear from you, we will assume that everything is in order for City release of the approved Short Plat. Thank you for your continuing cooperation. Should you have any questions regarding the enclosed Agreement, please give me a call. Very truly yours, ROBERTS & SHEFELMAN ter Diane Dray Kenny DDK /rlt Enclosures cc: Continental Lime, Inc. Attn: John A. Harvey, Marketing Manager Attn: H. A. King, Secretary and Treasurer `908 4 City df Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor Roberts & Shefelman 4100 Seafirst Fifth Ave. Plaza 800 Fifth Avenue Seattle, WA 98104 Attn: Diane Dray. Kenny Subject: Continental Lime Short Plat (81- 39 -SS) Your transmittal of 8 February 1982 has been reviewed by the City Attorney and the following comment was received: 1) Paragraph 6 of the "agreement" regarding local improvement district participation should be deleted in its entirety. The City has performed fully its obligations in approving the plat, and the property owners should be required to meet their obligations indefinitely. 2) The following provision should be added to the terms of the agreement: Please revise the agreement as requested by the City Attorney and forward the executed original to us for the Mayor's signature. We shall then return both the original agreement and the original short plat document for recording. Please direct any questions about this matter to my attention. Tukwila, tinning Department MC /blk xc: City Attorney Planning Director "In the event that the City institutes and prosecutes any proceeding at law or equity to enforce all or any provision of this agreement, owner agrees to pay the City's attorney fees and costs incurred in such an action." 11 February 1982 Mafk Caughey Associate Planner COVNREI. HAROLD S. HIIEFELJIAN Dear Mr. Caughey: Mr. Mark Caughey Associate Planner Tukwila Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 4100 SEA FIRST FIFTH AVENUE PLAZA 800 FIFTH AVENUE SEATTLE, WASHINGTON 88104 JAMEN GAY ROGER L. IIVII140N• ROBERT G. MOCI( DAVID 11. IIUKEY G EORGE M. MACK B1.AIR 13. 1111HROV(I11R BRIAN L. COMRTOCK LINDA R. RADOFF TIMOTHY R. CI.IFFORD PAUL W. 1COVA LEK R. VOORHF.ER. .IR. KAREN H. WATTH DAVID B. NW F.KNEY JUDITH A. SHUI.MAN WILLIAM G. TONKIN WALTER T. FKATIIY.HLY III DAVID A. BENNETT MICIIAEI. 11. ROHICK ROBERT H. CAMPBELL AMY H. OAI.LAOIIER February 8, 1982 ROBERT G. :11ULLE:NUORE•• ROREMA HY P. HAFFNRR• GARY N. ACKERMAN DEAN E. .1OIINRON ROO ER A. MYKLF.HUNT MICII A EI. D. KUNTZ DIANE 1). KENNY EDWIN D. 12 AUZ.1 .I0N W. MACL.KOD EMILY C. t'RIEZE 1.Atil. L. AHERN..113. RENNET A. MCCONAIIOI.Y TEHEHA V. BIO FLOW • A1.ANKA 11AH •• AI.AR1CA AND W AHIIIN(ITON HARR ALL (YCI I ERN WA14111N(ITON 11AK ONLY (206) 622.1818 TELEX :12.1082 TEI.ECOUIKN • (200) 024 -2060 Re: Short Plat Application 81 -39 -SS ROBERTS & SHEFELMAN (ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH) OF COUNSEL WILLIAM N. ......:1. R004:K W. 1)1111KOCK• R F:TIKEI) 'VICTOR 1). I.A WHENCE .1 A11E:14 C. IIARI'EN .1AMER 1 WI TER (1877.1150) F. M. I4O11E614 (1880. 1073) ANCHORAGE OFFICE: SUITE 1518) 2550 DE :NAi.I .MTHE :ET A NVIIOtIA(1 K, A(.ARKA 111503 (107) 276.1858 5`ELE:()PIE6 - (907) 272.8 :182 Mr. John Harvey of Continental Lime, Inc. has requested that we respond to your letter to him dated January 11, 1982, concerning compliance with the Short Subdivision Committee's conditions of approval for the aforementioned short plat application. Enclosed for your review are separate legal descriptions for each parcel within the short plat. Also enclosed for your review and review by the City Attorney is a draft Agreement providing for the property's participation in any future street local improvement districts including all or a portion of the short plat for the improvement of either South 134th Street or 47th Avenue South. In preparing the Agreement, we relied upon our previous work concerning similar agreements which we have prepared for other clients developing property in other jurisdictions, such as the City of Everett. We also relied upon the content of the minutes of the December 17, 1981, meeting of the Short Subdivision Committee. Finally, we relied upon the sample agreement you kindly provided to Mr. Harvey by your letter dated January 11, 1982. You will note there is a blank in section 6 of the Agreement concerning an expiration date. The purpose of this date is to insure that the terms and conditions of the Agreement Mr. Mark Caughey Page Two February 8, 1982 do not encumber the property for an unnecessary period of time. In prior efforts, we have inserted the jurisdiction's best reasonable estimate regarding the timing of the proposed improvements. Your thoughts on this item would be appreciated. Thank you for your help. Please contact the undersigned attorney at 622 -1818 should you have any questions regarding the content of the Agreement. In order to expedite completion of this matter, we have transmitted the enclosed draft Agreement to the City simultaneously with its transmittal to Continental Lime, Inc. Both the City and Continental Lime, Inc. may have comments regarding the Agreement. DDK /rlt Enclosure cc: John A. Harvey Continental Lime, Inc. Gordon Pathman John R. Ewing & Associates Very truly yours, ROBERTS & SHEFELMAN Diane Dray Kenn 6 AAA4Aid-- AGREEMENT THIS AGREEMENT is executed this date by and between the CITY OF TUKWILA, King County, Washington (the "City "), a municipal corporation of the State of Washington and CONTINENTAL LIME, INC., a Utah corporation (the "Owner "). RECITALS: WHEREAS, the Owner is the contract purchaser of property located in the City described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Owner has submitted to the City a short plat application for the Property under File No. 81 -39 -SS (the "Short Plat "), which application has been approved by the City on the condition that the Owner prepares and executes an agreement providing for the Property's participation in any future street local improvement districts ( "LIDs ") for the improvement of either or both South 134th Street and 47th Avenue South which include all or a portion of the Property; and WHEREAS, the Department of Public Works has determined that the improvement of South 134th Street in the vicinity of the Property will be required in the event that any parcel within the Short Plat develops and that the improvement of 47th Avenue South in the vicinity of the Property will be required in the event that either Parcel 1 or Parcel 2 within the Short Plat develops; and WHEREAS, the City's Department of Public Works also has determined that in order to provide for the public health, safety and general welfare with respect to the Property and other property located in the vicinity of the Property, one or more LIDs may be formed for the purpose of improving either or both South 134th Street and 47th Avenue South, providing for arterial street improvements including, but not limited to, sidewalks and utilities, such as the undergrounding of power, sanitary sewers, water service and storm drainage; and WHEREAS, Owner desires to complete and record the Short Plat and is willing to prepare and execute an agreement providing for the Property's inclusion in any future street LIDs for the improvement of either or both South 134th Street and 47th Avenue South which include all or a portion of the Property. NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. In the event that Owner develops any parcel within the Short Plat and the City finds that the creation of an LID for the purpose of improving South 134th Street providing for arterial street improvements including, but not limited to, sidewalks and utilities, such as the undergrounding of power, sanitary sewers, water service and storm drainage, which includes within its boundaries all or a portion of the Property, Owner hereby waives any right to protest the formation of such LID and agrees to participate equitably in such LID. 2. In the event that Owner develops either Parcel 1 or Parcel 2 within the Short Plat and the City finds that the creation of an LID for the purpose of improving 47th Avenue South providing for arterial street improvements including, but not limited to, sidewalks and utilities, such as the under - grounding of power, sanitary sewers, water service and storm drainage, which includes within its boundaries all or a portion of the Property, Owner hereby waives any right to protest the formation of such LID and agrees to participate equitably in such LID. C y; . 3. In the event LIDS are formed and Owner already has constructed at its expense improvements to the portion r of the street encompassed by the LIDs which conform with all applicable federal, state and local laws, rules and regulations, the Owner shall not be assessed for such improvements already constructed by it and which are compatible with the improvements provided for in such LIDs. 4. This Agreement shall be recorded in the Office of the Department of Records and Elections, King County, Washington, . and shall constitute a covenant to run with the fee title to the Property and shall be binding upon the Owner, its heirs, successors and assigns. 5. By entering into this Agreement, the Owner, its heirs, successors and assigns shall not be deemed to'have waived their right to challenge or protest either the method or amount of assessment to be established for LIDs which may be formed for the street improvement of either or both South 134th Street and 47th Avenue South including all or a portion of the Property. 6. In the event that the City institutes and prosecutes any proceeding at law or equity to enforce all or any provision of this Agreement, Owner agrees to pay the City's reasonable attorneys' fees and costs incurred in such an action. 7. The City shall, upon execution of the Agreement by the City and the Owner, release the Short Plat for recording. DATED: ` '7A3 , 1982 ACCEPTED: -3- or, City of Tukwila • • roved as to form: - 7)41014k---- City Attorney Appr . ed as to = degiacy: 1982. C PETER A. ALLARD Barrister & Solicitor ALLARD & COMPANY 600 - 815 HORNBY ST. VANCOUVER, B.C. V62 2E6 PHONE 689 -3885 By: -4- CONTINENTAL LIME, INC. ACKNOWLEDGMENT OF OFFICER OF CORPORATION King, Secretary; VOasurer 01 I HEREBY CERT F Y that, on the ow day of ,'a� �7 the City of � nl C.o �J ✓�.r, in the Province of 1982, at t y ,¢ , British Columbia, H. A. King, personally known to me, appeared before me and acknowledged to me that he is the Secretary /Treasurer of CONTINENTAL LIME, INC., and that he is the person who subscribed his name to the annexed instrument as Secretary /Treasurer of the said CONTINENTAL LIME, INC. and affixed the seal of the said CONTINENTAL LIME, INC. to the said instrument, that he was first duly authorized to subscribe his name as aforesaid, and affix the said seal to the said instrument. my hand and IN TESTIMONY WHEREOF, I have hereto set seal of office at the City of ✓ "'c-ok✓crrL the Province of British Columbia this day of My Commission Expires on: A Notary Public in and for ►:h Province of British Columbia A Commissioner for taking Affidavit for British Columbia AS TO ,CC r 4: AS TO F i 0ATE Lots 9, 10, and 11, Block 1, Subdivision of Lots 7, 8, and 9 of Fostoria Garden Tract, according to the plat recorded in Volume 11 of Plats, page 76, in King County, Washington; Together with that portion of Tract 6, Fostoria Garden Tract, according to the plat recorded in volume 9 of Plats, page 95, in King County, Washington, lying southerly of S 133rd St. as conveyed to King County for road by deed recorded under King County Recording #1006282; Except those portions thereof described as follows: All that portion lying southwesterly of a line drawn parallel to and 35 feet northeasterly when measured at right angles and /or radially from the PC line centerline to Primary State Highway #1, Foster Interchange to S 118th St; And except all that portion thereof lying northwesterly of the following described line: EXHIBIT A . LEGAL DESCRIPTION Beginning at a point opposite Highway Engineer's Station PT FE1+31.48 and 35 feet southwesterly when measured at right angles and /or radially from said PC line centerline; Thence southwesterly parallel to said centerline to a point opposite Highway Engineer's Station PC FD0 +60.99; Thence S 24 W 33.2 feet, more or less, and intersecting the line above described. LOT 1 LEGAL DESCRIPTION The N 1/2 of the east 180.00 feet (as measured along and per- pendicular from the north line of Lot 9) of Lots 9, 10, and 11 of Block 1 of the Subdivision of Lots 7, 8, and 9 of Fostoria Garden Tracts as recorded in Volume 11 of Plats on page 76, records of King County, Washington. LOT 2 LEGAL DESCRIPTION The S 1/2 of the east 180.00 feet (as measured along and per- pendicular from the north line of Lot 9) of Lots 9, 10, and 11 of Block 1 of the Subdivision of Lots 7, 8, and 9 of Fostoria Garden Tracts as recorded in Volume 11 of Plats on page 76, records of King County, Washington. LOT3 LEGAL DESCRIPTION The east 387.65 feet (as measured along and perpendicular from the north line of Lot 9) of Lots 9, 10, and 11 of Block 1 of the Sub- division of Lots 7, 8, and 9 of Fostoria Garden Tracts as recorded in Volume 11 of Plats on page 76, records of King County, Washington. Less the east 180 feet, thereof, as measured along and perpendicular from said north line of Lot 9. LOT 4 LEGAL DESCRIPTION Lots 9, 10, and 11, Block 1, Subdivision of Lots 7, 8, and 9 of Fostoria Garden Tract, according to the plat recorded in Volume 11 of Plats, page 76, in King County, Washington; Together with that portion of Tract 6, Fostoria Garden Tract, according to the plat recorded in Volume 9 of Plats, page 95, in King County, Washington, lying southerly of S 133rd St. as conveyed to King County for road by deed recorded under King County Recording #1006282; Except those portions thereof described as follows: All that portion lying southwesterly of a line drawn parallel to and 35 feet northeasterly when measured at right angles and /or radially from the PC line centerline to Primary State Highway #1, Foster Interchange to S 118th St.; And except all that portion thereof lying northwesterly of the following described line: Beginning at a point opposite Highway Engineer's Station PT FE1 +31.48 and 35 feet southwesterly when measured at right angles and /or radially from said PC line centerline; Thence southwesterly parallel to said centerline to a point opposite Highway Engineer's Station PC FD0 +60.99; Thence S 24 ° 39'00" W 33.2 feet, more or less, and intersecting the line above described. Less the east 387.65 feet of said Lots 9, 10, and 11 of Block 1 as measured along and perpendicular from the north line of said Lot 9. SAFECO ALTA -1966 1T -160 2/79 7 4 4 41141111141 Secretary COMMITMENT FOR TITLE INSURANCE Issued by SAFECO TITLE INSURANCE COMPANY SAFECO TITLE INSURANCE COMPANY FOURTH & VINE BUILDING, P.O. BOX 21987 SEATTLE, WASHINGTON 98111 TELEPHONE: (206) 292 -1550 SAFECO Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In the event the proposed Insured fails to acquire the estate, interest or mortgage, contemplated by this Commitment, a fee will be charged on cancellation of this Commitment, pursuant to the filed rate schedule. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, SAFECO Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. I 1/A4,44 Authorized Signature President r CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. NOTE: THE LANGUAGE CONTAINED IN THE PRINTED EXCLUSIONS FROM COVERAGE AND CONDITIONS AND STIPULATIONS OF THE POLICY COMMITTED FOR MAY BE EXAMINED BY REFERENCE TO FORMS ON FILE IN THE OFFICE OF THE INSURANCE COMMISSIONER OR BY INQUIRY AT THE OFFICE WHICH ISSUED THIS COMMITMENT. • • The ALTA OWNER'S EXTENDED POLICY FORM contains in Schedule B the following standard exceptions against which said policy does not insure: 1. Underground easements, servitudes or installations of which no notice is of record. 2. Any service, installation or general construction charges for garbage collection and disposal, sewer, water or electricity. 3. Exceptions and reservations in United States Patents, or in Acts authorizing the issuance thereof. 4. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. The ALTA OWNER'S STANDARD POLICY FORM contains in Schedule B the following standard exceptions against which said policy does not insure: 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage collection and disposal. 2. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. The WLTA STANDARD COVERAGE POLICY FORM contains in Schedule B the following standard exceptions against which said policy does not insure: 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto; any service, installation or construction charges for sewer, water, electricity, or garbage removal. 2. Exceptions and reservations in United States Patents; right of use, control or regulation by the United States of America in the exercise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use, enjoyment or occupancy; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. "Consumer credit protection," "truth -in- lending," or similar law, or the failure to comply with said law or laws. SAFECO To: n Dated 11.2 R2 12/75 John R. Ewing F Associates 622 South Central Kent, WA 98031 September 16 S t SUPPLEMENTAL TITLE REPORT 19 Your No. By Our No 450776 The following information affects the title to the property covered by our preliminary report, but is not intended to represent a complete report to date: SAFECO TITLE INSURANCE COMPANY (Mortgagor) (Purchaser) Supplemental No. 1 Attention George Pathmann Paragraph (s) 3 is /are eliminated and may be disregarded. Matters dependent upon inspection of the premises have been cleared for ALTA LOAN Policy coverage as of ALTA LOAN Policy when issued will contain WLTA Standard Indorsement. A.M. SAFECO, TITLE INSURANCE COMPANY a; SAFECO To: Dated November 13, , 19 81 ,at 8:00 T1.2 R2 12/75 SUPPLEMENTAL TITLE REPORT John R. Ewing & Associates tIZZ South Central Kent, Washington 98031 Attn: George Pathmann Your No. Our No (Mortgagor) (Purchaser) 450776 Supplemental No 2 The following information affects the title to the property covered by •our preliminary report, I i 2itx NAiliNgdg6xr kAgaliixc&>iCXdtac?Oi1> iceeJaitfeX Paragraph (s) is /are eliminated and may be disregarded. A.M. By SAFECO TITLE INSURANCE COMPANY Attention Matters dependent upon inspection of the premises have been cleared for ALTA LOAN Policy coverage as of ALTA LOAN Policy when issued will contain WLTA Standard Indorsement. Paragraph 5 is amended to read as follows: NOTE: General taxes for the year 1981, which have 1mn paid. Original amount: $451.62 Affects Portion within Tract 6 Tax Account No.: 261320- 0005 -06. NOTE: General taxes for the year 1981, which have been paid. Original amount: $228.69 Affects Tracts 10 and 11, EXCEPT the easterly 120 feet Tax Account No.: 261660- 0035 -08. NOTE: General taxes for the year 1981, whidi have been paid. Original amount: $237.34 Affects Remainder of Tracts 10 and 11 Tax Account No.: 261660- 0045 -06. SAFECO, TITLE INSURANCE COMPANY ;24 SAFECO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE To: CONTINENTAL LIME, INC. 10451 Shellbridge Way Richmond, B. C. Canada V6X 2W8 Attention: John A. Harvey Gentlemen: (continued) No. 450776 Fourth & Vine Building P.O. Box 21987 Seattle, Washington 98111 Telephone: (206) 292 -1550 This is a certificate as of August 26, 1981, at 8.00 a.m., for a plat of the following property: Lots 9, 10 and 11, Block 1, Subdivision of Lots 7, 8 and 9 of Fostoria Garden Tract, according to the plat recorded in Volume 11 of Plats, page 76, in King County, Washington; TOGETHER WITH that portion of Tract 6, Fostoria Garden Tract, according to the plat recorded in Volume 9 of Plats, page 95, in King County, Washington, lying Southerly of South 133rd Street as conveyed to King County, for road by deed recorded under King County Recording No. 1006282; EXCEPT those portions thereof described as follows: All that portion lying Southwesterly of a line drawn parallel to and 35 feet Northeasterly, when measured at right angles and /or radially from the PC line centerline to Primary State Highway No. 1, Foster Interchange to South 118th Street; AND EXCEPT all that portion thereof lying Northwesterly of the following described line: Beginning at a point opposite Highway Engineer's Station P.T. FE 1 +31.48 and 35 feet Southwesterly when measured at right angles and /or radially from said PC line centerline; thence Southwesterly parallel to said centerline to a point opposites Highway Engineer's Station P.C. FD 0 +60.99; thence South 24 ° 39'00" West 33.2 feet, more or less and intersecting the line above described. This Company certifies that record title is vested in: B -LINE TRANSPORT COMPANY, INC., a Washington corporation, successor in interest to HAROLD ROLPH CORPORATION, a Washington corporation free from all liens, encumbrances and objections, except as follows: No. 450776 Page 2 1. Easement including the terms, covenants, and provisions thereof, as granted by instrument Recorded: September 5, 1980 Recording No.: 8009050697 Records of: King County, Washington For: Garage Affects: Portion of Tract 9 2. 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: February 25, 1964 Recorded: March 24, 1964 Recording No.: 5714393 Records of: King County, Washington To: THE STATE OF WASHINGTON 3. Agreement Dated: Recorded: Recording No.: Records of: Providing: entered into by and between: CONTINENTAL LIME INC., a Utah corporation; AND CARL NELSON and ELISE NELSON, husband and wife January 24, 1980 November 24, 1980 8011240446 King County, Washington An option for CONTINENTAL LIME CO. to purchase adjoining property 4. Contract of Sale, including the terms, covenants and provisions thereof, and the effect of any failure to comply with such terms, covenants and provisions. Dated: September 19, 1979 Recorded: October 4, 1979 Recording No.: 7910040077 Seller: B -LINE TRANSPORT COMPANY, a Washington corporation, successor in interest to HAROLD ROLPH CORPORATION Purchaser: CONTINENTAL LIME, INC., an Utah corporation Excise Tax Receipt No.: E- 560930 5. General taxes for the second half of the year 1981, which become delinquent after October 31, 1981. Amount: $225.81 Affects: Portion within Tract 6 Tax Account No.: 261320- 0005 -06 (continued) No. 450776 Page 3 CHARGE: $100.00 TAX: 5.40 TOTAL: $105.40 FK /jb By General taxes for the second half of the year 1981, which become delinquent after October 31, 1981. Amount: $114.34 Affects: Tracts 10 and 11 EXCEPT Easterly 120 feet Tax Account No.: 261660- 0035 -08 General taxes for the second half of the year 1981, which became delinquent after October 31, 1981. Amount: $118.67 Affects: Remainder of Tracts 10 and 11 Tax Account No.: 261660- 0045 -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 KELLY Authorized Signature • eets and other parcels. it is believedto be it3■'• reason of reliance therelm. (0/76)