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HomeMy WebLinkAboutPermit 80-13-SS - REISDORFF - NELSON SHORT PLAT80-13-ss reisdorff COUNSEL HAROLD S. SHEFELMAN VICTOR O. LAWRENCE JAMES GAY ROBERT G MOCH GEORGE M. MACK BRIAN L. COMSTOCK TIMOTHY R. CLIFFORD JAMES 5 TURNER LEE R. VOORHEES, JR. WILLIAM N APPEL DAVID 8. SWEENEY WILLIAM G. TONKIN DAVID A. BENNETT ROBERT H. CAMPBELL ROBERT G. MULLENDORE • GARY N. ACKERMAN ROGER A. MYKLEBUST DIANE 0 KENNY JON W. MACLEOD PAUL L AHERN. JR WILLIAM H SONG STEVEN E. CUMMINGS TERESA V. BIGELOW Mr. Mark Caughey Acting Director City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Mark: Enclosed for your records are copies of the recorded Nelson Short Plat and the recorded Easement for the Nelson Garage. As I indicated in a letter to our client dated September 8, 1980, a copy of which was provided to you, the original short plat was recorded on September 3, 1980 and bears Recording No. 8009030472. The easement was recorded on September 5, 1980 and bears Recording No. 8009050697. The original easement will be delivered to and re- tained by Mr. and Mrs. Nelson. The original short plat is maintained in the office of the King County Department of Records and Elections. • DDK /mem cc: Mr. John Harvey Enclosure LAW OFFICES ROBERTS, SHEFELMAN, LAWRENCE. GAY & MOCH 1818 IBM BUILDING SEATTLE, WASHINGTON 98101 TEL (206) 622-1818 SUITE 302 2600 DENALI STREET ANCHORAGE, ALASKA 99503 TEL. 1907) 276-1358 October 3, 1980 Re: Nelson Short Plat - No. 80- 13 -SS. Thank you again for your assistance on this file. Very truly yours, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH awe— iane Dray Kenny •WASHINGTON STATE•AND ALASKA BARS. ••ALASKA BAR ONLY. ALL OTHERS WASHINGTON STATE BAR ONLY. JOHN E. HAVELOCK • • JAMES P. WETER 11077.19891 F. M. ROBERTS 11880.19731 JAMES C. HARPER (RETIRED) . This space reserved for recorder's use Filed for record at the' . request of: Return to: Page 1 of 2 t, aORT PLAT NO; TUKWILA, WASHINGTON 1 g t 8 �3 1"t 'Planning Division t. t A. � 31 07 Office of Community Development 6230 Southcenter Boulevard Tukwila, Washington 98188 �EGAL D: UPTION £1 that portion of lots 7 and 8, block 1, Subdivision of Lots . 7, 6, and 9 of the Fostoria Garden Tracts according to plat recorded in Volume 31 of plats, page 76, in King County, Washington, described as follows: Beginning ng at the southeast corner of said lot 6; thence N L9 43' W 582.12 feet to the southwest corner of lot 8; thence N 140 17' E along the ziortirwest line of . lot 58.20 feet to the south right-of-way line of South 133rd Street as conveyed to King County, Washington, by' deed recorded under. Auditors File no. 1006282; thence N 86 40 E along said south right -of -way line 112.52 feet to a point 3.80 feet southwesterly when measured at right angles to the FA line of State Route no. 599, Foster Interchange to South 116th Street; thence S 115 36'45" E and parallel with said FA line L87.79 feet to the southeast line of lot 7; thence S 33 37' W along said southeast line 98.68 feet to the point of beginning. Day of Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this {-- day of ZI 5 ‘ ' s 19 $D Chairman, S ort S •b vision Committ ASSESSOR t. DEPUTY ASSF.SSOP APPROVA • DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS ✓��. . 1 . eF. -- Ooacc 1.33 tri St / 1 ,. C * A asi itorl5 fne • / m no. l00s2 B2 ` N98 • iiZ 52- N N. N N. CO N N. `■ N/34, of Fostoria Garden Tracts 2 - 8 -$0 _ : 77n_ Date Certificate No. 17679 o e, Land Surveyor's Certificate: 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. Map on File in Vault n Direction: Scale: 1"= loo' Page 1 of Page 2 of 2 N Parcel at All that portion of lots 7 and 6, block 1, Subdivision of Lots 7, 6, and 9 of r- r_ the Fostoria Garden Tracts according to plat recorded in 11 of plats, page 76, in 0 g County, Washington, described as follows: Beginning at the southeast corner of lot C38; thence 49 43' :J along the southwest line of said let 160.00 feet; thence h 40 17' E 110.12 feet to a point 160 feet southwesterly when measured at right angles to the 'FA' CD dine of State Route no. 599, Fester Interchange to South 118th Street as conveyed to the state cf Wa.thingtcn_ by deed under Auditors file no. 5716706; thence S 45 36 E and parai e? with said 'F A' line 168.97 feet to the southeast line of lot 7; thence S 33 37' W along said scutileas ;. `line 98.66 feet to the point of beginning; containing 18,099.8 s .ware fee:.. Parcel 3: 211 that portion of lots 7 and 8, block 1, Subdivision cf Its 7, 6, and 9 of the Fostoria Garde_ Tracts according to plat recorded in Volume 11 of plats,, page 76, in Ein Zounty,Iiashington, described as follows: Beginning ° at a tat on the southwest line of lot and 150.00 Northwesterly from the southeast corner of lot 8; thence N 49 43' W 1402.12 feet to tie southwest ocher of lot 8; thence is 40 17' E along the northwest line of said lot 5;:.20 feet to the south right-of-way line of South 133rd Street as conveyed to icing County, Washingtcn, by deed recorded under Auditors file r_o. 1006282; thence N 65 40' along said south right -of -gray line 112.52 feet to a point 180 feet south este_'!y when measured at right angles to the 'FA' line of State Route no. 599, Fester Interchange to South 116 greet as conveyed to the state of Washington by deed recorded - under Auditors file no. 5716703; thence S 45 36'45" 3 and parallel with said 'FA' line 318.62 feet; thence S 40 17' :i 110.11. feet to the point of beginning; containing 46,681.7 square feet. Name CV O o STATE OF WASHINGTON, County O l:ncw. al i men by these p 'sents that we, the under ned, owner(s) in fee simple contract pur of the land hek, ,n 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 undersi.gned.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). In witness whereof we have set our hands and seals -. I + 2/2 Name ,i Name [ Name County of On this day 'personally appeared before me Carl J ?. plop.. to me known to be the individuals described in and who executed the with- in and foregoing instrument, and acknowledged that ti,a•. ' signed the same a5 tie,r free and voluntary act and deed, for the uses and pur- poses therein ,mentioned. GIVEN under my hand and official seal this L& day of late -ca sell STATE OF WASHINGTON, On this day personally aPPeared before me to me known to be the individual described in and who executed the with - in and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN . under fny hand and official seal this day of , 19 • Notary Public in and for the State of Washington, residing at seal Short Plat Number SO-- 13 - S S Name Name AC',1 : Notary Public in and foa) the State of Washington, residing at Page ACKNOWLEDGEMENT OF OFFICERS OF CORPORATION I HEREBY CERTIFY that, on the ! V day of d-tly, 1980, at the City of Rl- extend, in the Province of British Columbia,' , \AA,Zit 1 \<I ti; C; and , personally known to me, appeared before me and acknowledged to me that they--ale the -C arid- , rospcctivcly, of CONTINENTAL and that t e the persons who subscribed t namep to the annexed instrument as -and - of the said CONTINENTAL LIME INC. and affixed the seal of the said CONTINENTAL LIME INC. to the said et-6 instrument, that -__-re first duly authorized to subscribe name/ as aforesaid, and affix the said seal to the said instrument. IN TESTIMONY WHEREOF I have hereto set my hand and seal of office at the City of . A i nd in the Province of British Columbia this ‹ tk day of �. 1980. TAJD;N i. MITHA Parris ter & Solicitor e 7 - 777 HORNBY ST. V5? 1S5 LIME INC. A Notary Public in�rid for the Province /of British Columbia A Commissioner taking Affidavit for British Cdiiimbia My Commission expires on beC 3 1 (20 Name Return to: Page 1 of 2 : ±ORT PLAT NO . 0 This space reserved for recorder's use Filed for record at the . request of: TUKWILA, WASHINGTON 'Planning Division Office of Community Development 6230 Southcenter Boulevard Tukwila, Washington 98188 Day of ASSESSOR APPROVAL Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this day of ZI &UGVfr 19 , $O • Chairman, SKiort S Committ( LEGAL DESCRIPTION All that portion of lots 7 and 8, block 1, Subdivision of Lots,7, 8, and 9 of the Fostoria Garden Tracts according to plat recorded in Volume 11 of plats, page 76, in King County, Washington, described as follows: Beginning at the southeast corner of said lot 8; thence N 49 43' W 582.12 feet to the southwest corner of lot 8; thence N 40 17 E along the northwest line of lot 58.20 feet to the south right-of-way line of South 133rd Street as conveyed to King County, Washington, by'deed recorded under Auditors File no. 1006282; thence N 86 40' E along said south right -of -way line 112.52 feet to a point 180 feet southwesterly when measured at right angles to the FA line of State Route no. 599, Foster Interchange to South 118th Street; thence S 45 36'45" E and parallel with said FA line 4487.79 feet to the southeast line of lot 7; thence S 33 37' W along said southeast line 98.68 feet to the .point of beginning. DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED TBZS DEPUTY ASSESSOR , .19 Parcel A: All that portion of lots 7 and 8, block 1, Subdivision of Lots 7, 8, and 9 of the Fostoria Garden Tracts according to plat recorded in Volume 11 of plats, page 76, in in County, Ashington, described as follows: Beginning at the southeast corner of lot 8; thence is 49 43' W along the southwest line of said lot 180.00 feet; thence N 40 17' E 110.11 feet to a point 180 feet southwesterly when measured at right angles to the 'FA' line of State Route no. 599, Foster Interchange to South 118th Street as conveyed to the state of Washington by deed under Auditors file no. 5716708; thence S 45 36'45" E and parallel with said TA' line 166.97 feet to the southeast line of lot 7; thence S 33 37' J along said southeast line 98.66 feet to the point of beginning; containing 18,099.8 square feet. Parcel 3: All that portion of lots 7 and 8, block 1, Subdivision of Lots 7, 8, and 9 of the Fostoria Garden: Tracts according to plat recorded in Volume 11 of plats, page 76, in King Zcunty, Washington, described as follows: Beginning at a point on the southwest line of lot 3 and 180.00 Northwesterly from the southeast corner of lot 8; thence N 49 43' W 402.12 feet to the southwest corner of lot 8; thence ii 40 17' E along the northwest line of said lot 58.20 feet to the south right -of uay line of South 133rd Street as conveyed to King County, Washington, by deed recorded under Auditors' file r_o. 1006282; thence N 88 40' E along said south right-of-way line 112.52 feet to a point 180 feet southwesterly when measured at right angles to the 'FA' line of State Route no. 599, Foster Interchange to South 118th street as conveyed to the state of Washington by deed recorded under Auditors file no. 5716708; thence S 45 36'45" E and parallel with said 'F1' line 318.82 feet; thence S 40 17' *el 110.11 feet to the point of beginning; containing 46,681.7 square feet. Page 2 of •T CEL ARAT I ON : / Know all men by these presents that we, the unders ned owners Y P � 9 � owner(s) in fee simple and contract purchaser(s) of the and herein described do hereby makea 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). In witness whereof we have set our hands and seals. '1 , 2/11 Name ,i Name Name Name Name STATE OF WASHINGTON, County of to me known to be the individualsdescribed in and who executed the with- in and foregoing instrument, and acknowledged that trip/ signed the same as their free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under my hand and official seal' this 4+ day of i, , 29 En . STATE OF WASHINGTON, County of On this day personally appeared before me . to me known to be the individual described in and who executed the with- in and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and pur- poses therein mentioned. GIVEN under shy hand and official seal this day of , 19 '•:e1: ( On this day personally appeared before me Carl ,t, ;. Rra nlis' seal seal V r Notary Public in and f;-lb the State of Washington, residing at Notary Public in and for the State of Washington, residing at Short Plat Number Page of Name Seattle / 1 33 5t. � �. O Aud;torts file / ` to _no. loo'2e2 _ _ NB' B't0' ' \ N , � � \ ,12.52 ` ■ \ \ \ ws \ \ `'d \ , \ • 6 \ .t \ \ \ \ N / \ \ 1; � o.. \ / \ \ '� \ 1 \ \ \ \ AD 6 \ \ \ �'e \ \ /o, \ \ \ e+ J Ir�\ ■ \ B -e \ - \ ■ ` \ ' N - ` gy p p \ � C r s \ \ \ yy � ■ ;_ ; 2 -8 -80 Date Short Plat No. Land Surveyor's Certificate: Certificate No. 17679 • \ \ \ . \ N \ , s /i \ \ \ iC9. \ ` b \ \ \ � ` \ 'V -- \ ` \ 1'__! -\\ / x% , \ / • N " "o 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. Direction: Scale: 1" =100' Map on File in Vault Subdivision of Lots 7,8, and 9 of Fostoria Garden Tracts (V. I I p.76) N Page 1 of 1 SAFECO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE To: CONTINENT/L LJJIE, INC. 10451 Shellbridge Way Richmond, B.C. V6X 2W8 Attention: John Harvey Gentlemen: (continued) 27 IN/1 S VI/ Fourth & 'line Building �� , 1 , P.O. Box 21987 Seattle, Washington 98111 -2 -7 Telephone: (206) 292 -1550 7,9 Order No. 431130 This is a certificate as of February 14, 1980, at 6:00 a.m., for a Short plat of the followings property: All that portion of Lot 7 and 8, Block 1, Subdivision of Lots 7, 8 and 9 of the Fostoria Carden Tracts, according to flat recorded in Volume 11 of Plats, page 76, in Kin;' County, Washington, described as follows: Beginning at the Southeast corner of said Lot 8; thence North 49 ° 43' West 582.12 feet to the Southwest corner of Lot 8; thence North 40 ° 17' East along the Northwest line of said Lot 53.20 feet to the South right of spay line of South 133rd Street as conveyed to King County, Washington, by Deed recorded under Auditor's File: No. 1006282; thence North 88 ° 40' East along said South right of way line 112.52 feet to a Foist 160 feet Southwesterly when measured at right angles to the "FA" lino of State' I:oute No. 599, Foster Interchange to South 118th Street, as conveyed to the State of Washington by deed recorded under Auditor's File No. 5716708; thence South 45 ° 36'45" East and parallel with said "FA" line 487.79 feet to the Southeast lime of Lot 7; thence South 33 ° 37' West along said Southeast lime 98.68 feet to the Point of Beginning. This Company certifies that record title is vented in: CAL J. NELSON and ELISE NELSON, husband and wife free from all ti& n s, encumbrances and objections, except as follows: 1. Mortgage dated July 10, 1952, recorded July 11, 1952, in the office of the recording officer of King, County, Washington, under recording number 4253110, to secure an indebtedness of $2,000.00, and any interest, advances, or other obligations secured thereby; Mortgagor: CARL J. NELSON and ELISE NELSON, his wife Mortgagee: CHARLES I3AIIFIELD Affects: Luc t3 NOTE: The Mortgagees interest is new held of record. by BERNICE A. BAN.FIELD, as her separate estate. Orcer No. 431130 Page 2 2. Mortgage dated December 23, 1963, recorded December 30, 1963,__ in the office of the recording officer of King County, Washington, under recording number 5681300, to secure an indebtedness of ;388.12, and any interest, advances, or other obligations secured thereby; ,Mortgagor: JOUN A. BERG, JR. and VIOLA BERG Mortgagee: GENERAL FINANCE CORP. Affects: Lot 7 3. 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 27, 1964, recorded March 30, 1964, in the office of the recording officer of King County, Washington, under recording number 5716708, • To: The State of Washington. 4. General taxes for the year 1980, nost payable until Th bruary,.15, 1950, in an amount not yet available from the King County Comptrollers Office. (Affects: Lot 7 - Account Number 261660 - 0025 -00 Lot 8 - Account Number 261660. 0030 -03) This company further certifies that all taxes and assessments levied and chargeable have been fully paid except as noted above._ CHARGE: 100.00 TAX: 5.30 TOTAL: 105.30 FK /bp SAFECO TITLE INSURANCE COMPANY B y- FRANK KELLY Authorized Signature believed The sketch is for your aid in loc.cing your land with e)ference to streets and othi., . arcels. While it is to b4 (11/74) correct, the Company assumes no liability fors:ny Toss /occurring by reason of reliance thereon. SAFECO TITLE INSURANCE COMPANY COUNSEL HAROLD S SHEFELMAN VICTOR D. LAWRENCE JAMES GAY ROBERT MOCH GEORGE M MACK BRIAN L. COMSTOCK TIMOTHY R CLIFFORD JAMES S TURNER LEE R VOORHEES. JR. WILLIAM N APPEL °AVID B. SWEENEY WILLIAM G. TONKIN DAVID A. BENNETT ROBERT H CAMPBELL ROBERT G. MULLENDORE• GARY N ACKERMAN ROGER A. MYKLEBUST DIANE D KENNY JON W. MACLEOD PAUL L. AHERN, JR WILLIAM M SONG STEVEN E. CUMMINGS TERESA V. BIGELOW Mr. John Harvey Continental Lime Inc. #215 -10451 Shellbridge Way Richmond, B. C. V6X 2W8 Canada Dear Mr. Harvey: LAW OFFICE ROBERTS, SHEFELMAN, LAWR NCE. GAY & MOCH 1816 IBM BUILDING SEATTLE, WASHINGT•N 98101 TEL. (206) 622 818 SUITE 302 2800 DENALI ST ANCHORAGE, ALASK TEL. (9O7) 276- September 8, 1980 Please be advised that by le from the City of Tukwila, we were easement for the garage on the Net conditions which the City had atta short plat. The City further requ recordation of the short plat and By carbon copy of this lett Acting Director, City of Tukwila advising him of the recording of EET 99503 358 •WASHINGTON STATE AND ALASKA BARS. ••ALASKA BAR ONLY. ALL OTHERS WASHINGTON STATE BAR ONLY. r to Mr. Mark Caughey, lanning Division, we are hese documents. JOHN E. HAVELOCK • • JAMES P WETER (1877-19591 F. M. ROBERTS 11880.1973) JAMES C. HARPER (RETIRED) RECEIVE O.C.D. CM OF IOWA AWL A dwww ea IP 111. ter dated August 19, 1980, old that the proposed on property satisfied the hed to approval of the sted that we proceed with he easement. The original short plat was ecorded in the office of the King County Department of Records and Elections under Re- , cording No. 80 -09 -03 -0472. The o iginal Easement for Garage was recorded in the same office u der Recording No. 80- 09 -05- 0697. The Department of Records -nd Elections retains the original documents for microfilmi g. We should be receiving the originals back from that depa tment in a few days. Also, we have today transmi.ted the enclosed letter to Mr. and Mrs. Nelson advising them of the status of this matter. Mr. John Harvey Septembtic 8, 1980 Page Two It is now appropriate for us to proceed with closing of the Nelson purchase. I have advised Mr. Tim Clifford of the status of this matter, and I assume you will be in touch with him regarding closing. You may recall we had some photographs taken of the Nelson property which I used during my meeting with the Short Plat Committee. Enclosed for your use are those photo- graphs It has been a pleasure working with you on this file. DDK /mem cc: Mr. Mark Caughey Enclosures Very truly yours, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH Diane Dray Kenny WHEREAS, CONTINENTAL LIME INC., a Utah corporation (herein- after referred to as "Grantor "), is the owner of property legaily described as follows: 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 Ring 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 Auditor's File No. 7006282; 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 PC line center- line to Primary State Highway No. 1, Foster Inter- change 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. FD 1 plus 31.48 and 35 feet Southwesterly when measured at right angles and /or radially from said PC line centerline; thence South- westerly parallel to said centerline to a point opposite Highway Engineer's Station P.C. FD 0 plus 60.99; thence South 24 °39.'00" West 33.2 feet, more or less and intersecting the line above described. SUBJECT TO: Relinquishment of all existing, future or potential easements under Recording No. 5714393. (hereinafter referred to as "Grantor's Property "); and WHEREAS, CARL NELSON and ELISE NELSON, husband and wife (here- inafter referred to as "Grantees "), are the owners of property legaily described as follows: Lots 7 and 8, subdivision of Lots 7, 8, and 9, of the Fostoria Garden Tracts, according to plat thereof recorded in Volume 11 of Plats, page 76, Records of King County, Washington, (hereinafter referred to as the "Nelson Property "); and EASEMENT FOR GARAGE i% E`.CiSC TAX NOT s E UIRED • Ling Co. Division , Clapui f WHEREAS, Grantees reside in a house located on the front portion of the Nelson Property ( "Parcel A" in the attached Exhibit); WHEREAS, Grantor and Grantees are parties to a Sale and Purchase Agreement whereby Grantor will purchase the back portion of the Nelson Property ( "Parcel B ";in the attached. Exhibit), and.Grantees will con- tinue to reside on Parcel A; and WHEREAS, a garage accessory to Grantees house is located on Parcel A and encroaches approximately four feet onto Grantor's Froperty lying to the west of Parcel A; and • WHEREAS, Grantor and Grantees are parties to an Option Agreement whereby Grantor may purchase Parcel A at such time as Grantees no longer live on Parcel A; and WHEREAS; by•the terms of the Sale and Purchase Agreement, Grantor and Grantees acknowledge the encroachment of the garage onto Grantor's Property, and Grantor consents to having the garage extend onto Gran- tor's Property until Grantor desires to move the garage entirely onto Parcel_.A.at no . expense to Grantees; and WHEREAS, it. is necessary for Grantor and Grantees to comply with applicable provisions of the short -plat requirements of the City of Tukwila: in order to carry out the terms of the Sale and Purchase Agreement and.the Option Agreement (the "Agreements "); and. WHEREAS, Grantor and Grantees desire to complete the terms of the Agreements, NOW, THEREFORE, in consideration of Grantees' performance under the terms of ,the Agreements and in fulfillment. of Grantor's, acknowledg- ment in. the Sale and Purchase Agreement of'the location of the garage on a portion of Grantor's Property,. Grantor hereby consents to the location of the garage on the portion of Grantor's Property illustrated. -2- . . in the Exhibit attached hereto and incorporated herein by this reference. Further, Grantor hereby grants to Grantees an easement on a strip of land eight feet in width lying adjacent to and westerly of the west property line of Parcel A as shown in the attached Exhibit solely for the purpose of maintaining and repairing the existing garage and to create a four foot setback for the garage to comply with the present City of Tukwila zoning requirements. This easement does not authorize new construction or enlargement of the existing garage within the easement area. This Easement for Garage is subject to Grantor's right to move the garage entirely onto Parcel A at no expense to Grantees as that right is set forth in the Purchase and Sale Agreement, and this easement shall expire at the time of such w77 elocation. Dated this s'� day of J , 1980. By: By: CONTINENTAL LIME INC.. J / Its: • S. •!33 dd 5 f, // %N. 3 Auditor's file / 4 no, too6232 4/.fv 0 112...52— • N. / . . 0 6 s e toy \ 0.e?, • \ ■ \ S `\ le ■ • ` • h 1 E X H I B I T 3 c • ...- \ 4 \ er N. ` ? 4d . s ofa h N. • i ' 4 ■ - � 'o,\ 's o 5/\ 1 Aso ■ N • y - \. • ` s - / c9. -- � N. / P r ;i:. 0 •\ - y / /\ Subdivision pf Lo; s 7,2, ar.� o of Fosto Ga Tracts (V.1 P .76) • ACKNOWLEDGEMENT OF OFFICERS OF CORPORATION I HEREBY CERTIFY that, rI �I " \icut.Cz4A.VQ4 on the 46 day of day, 1980, ' at the City of Mend, in the Province .of .British 14.11,)6- snot , personally known to me, appeared before t me and acknowledged to me, that the hcy are the 'EeCI.A.:-.QA4 and , rpcctivo -y, of CONTINENTAL LIME INC. L . and that t `L z e the persons who subscribed t-><i nameV to the annexed instrument as 1 . .-erld- of the said CONTINENTAL LIME INC. and affixed the seal of the said. CONTINENTAL LIME INC. to the said instrument, that they—were first duly authorized to subscribe the= name as aforesaid, and affix the said seal to the said instrument. IN TESTIMONY WHEREOF I have hereto set my hand and seal of office at the City ofRrchmtd in the Province of British Columbia this ¶ � day of � 1980. \ 1,1 1 . 1 2 ' Notary Public in,and for the Province of British Columbia ' , A Commissionprfor taking Affidavit for British Cc1Umbia n� M Commission expires on 1)41C...73) TAJD!N 1. M1THA Barrister & Solicitor • . 770 - 777 HORNBY ST.,. , VANCOUVER, B.C. V6Z 1S5 • EASEMENT FOR GARAGE Lots 9, 10, and 11, Block 1, subdivision of Lots 7, B, 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 Auditor's File No. 7006282; 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 PC line center- line to Primary State Highway No. 1, Foster Inter- change 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. FD 1 plus 31.48 and 35 feet Southwesterly when measured at right angles and /or radially from said PC line centerline; thence South- westerly parallel to said centerline to a point opposite Highway Engineer's Station P.C. FD 0 plus 60.99; thence South 24 ° 39'00" West 33.2 feet, more or less and intersecting the line above described. (hereinafter referred to as "Parcel B "); and WHEREAS, CONTINENTAL LIME INC., a Utah corporation) eresn -1 after referred to as "Grantor "), is the owner of property legally described as follows: SUBJECT TO: Relinquishment of all existing, future or potential easements under Recording No. 5714393. (hereinafter referred to as "Parcel A "); and WHEREAS, CARL NELSON and ELISE NELSON, husband and wife (here- inafter referred to as "Grantees "), are the owners of property legally described as follows: Lots 7 and 8, subdivision of Lots 7, 8, and 9, of the Fostoria Garden Tracts, according to plat thereof recorded in Volume 11 of Plats, page•76, Records of King County, Washington, WHEREAS, Grantees reside in a house located on the front portion of Parcel B (the "Home Property "); WHEREAS, a garage accessory to Grantees' house is located on the Home Property and encroaches approximately four feet onto Parcel A, on the east side of Parcel A; and WHEREAS, Grantor and Grantees are parties to a Sale and Purchase Agreement whereby Grantor will purchase the back portion of Parcel B (the "Back Property ") and Grantees will continue to reside on the Home Property; and WHEREAS, Grantor and Grantees are parties to an Option Agreement whereby Grantor may purchase. the Home Property at such time as Grantees no longer live on the Home Property; and WHEREAS, by the terms of the Sale and Purchase Agreement, Grantor and Grantees acknowledge the encroachment of the garage onto Parcel A, and Grantor consents to having the garage extend onto Parcel A until Grantor desires to move the garage entirely onto the Home Property at no expense to Grantees; and WHEREAS, it is necessary for Grantor and Grantees to comply with applicable provisions of the short -plat requirements of the City of Tukwila in order to carry out the terms of the Sale and Purchase Agreement and the Option Agreement (the "Agreements); WHEREAS, Grantor and Grantees desire to complete the terms of the Agreements, NOW, THEREFORE, in consideration of Grantees' performance under the terms of the Agreements and in fulfillment of Grantor's 2 acknowledgment in the Sale and Purchase Agreement of the location of the garage on a portion of Parcel A, Grantor hereby consents to the location of the garage on the portion of Parcel A illustrated in a copy of a representation of survey attached hereto as Exhibit A and incorporated herein by this reference. Further, Grantor hereby gives to Grantees the right to maintain the garage on the easterly four feet of Parcel A as illustrated in Exhibit A and grants to Grantees such reasonable means of access as required to maintain and use the garage in such location. This Easement for Garage is subject to Grantor's right to move the garage entirely onto the Home Property at no expense to Grantees as that right is set forth in the Purchase and Sale Agreement, and this easement shall expire at the time of such relocation. Dated this day of June, 1980. CONTINENTAL LIME INC. - 3 - By Its Agent STATE OF WASHINGTON ) ss. COUNTY OF K I N G ) On this day of June, 1980, before me, the undersigned, a Notary Public in and for the State of Washington, duly commis- sioned and sworn, personally appeared to me known to be the of CONTINENTAL LIME 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 he was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at ti. F a:-h ri i rdF r, 2 d \ 5. 133r \ St, / ■ i Auditor's file / I. _no. 1 enn. • 88 °1 40 1 E" \ \ v 1 � ' \ ► 12.52 \ e i \ \ \ N. 045c e� / r -B \ N s. b g \ \ • mss, r\ 6 - " y `L� \ \ �`' %, \ ` 94dx \ 4 1- .r \ / \ I e .O N. e \ / � 40 \ \ \ \ ` \ \ t°/ '. \ N s >� \ / \ ■ \ \ 6 , \A '47 a\ • 1 \ N 9 . \^ N. / \ \ \ yam.,, 9q v +�, 99 e r,, \ \ , . e ms % \ • Y 9 ! Po \ \ \ 1„." N L a \ \ Land Surveyor's Certificate: This short plat correctly represents a survey made by me or under my dir in conformance with the requirements of appropriate state statute and has been properly staked in accordance with the Tukwila Subdivision Code. Date Certificate No. 17679 • Short PIat No. \ \ \q. \ \ 1 N /1 \ \ / (0' x \ \ N /b i .% \ \ 4 \ . ••• \ 7 / x% r �0 \ / N.490 /� Subdivision of Lots 7,8, and 9 \` � of Fostoria Garden Tracts (v. i t p.76) • Map on File in Vault Direction: Scale: 1 100' / N Page ) of kimir - . ') E X I B I T . S. -i3_S t / • \ \ ) Auditor's file / \ rt ho. Ioo62B2 _ NSS'LfO'E \ A i v 0 Q12.52 —�� \\ o • •6 N. .5% y • e ■ ` \ ■ �i Jo \ s \ N. b / \ y ` • ` L� • \ N. <2 \ \ . \ 940.. N. .4)S \ Q N. • . v\ i O \ % N. • . ` 94.. +.,0 9 q,, Y \ \ ' - ?, 4 N. /- ■ • \ ..! �� \ \ 4 . \ ` \ /A 4 0 - \ / - :\ \ % � ' • \\ s... . / v . `� i • -- , : \ \ . ; f :: : \ • - N/ f 4 ' ■ / ;, - ` ^ Subdivision of Lots 7,8, r.d Fay /Jr k =r.: flex, r�D \ /� �� of Fos toria 6.2rd�r► Tracts 0 (V. I I p.76) • MC /jas Encl. f Tukwila o kwi la u Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Roberts, Shefelman, Lawrence, Gay & Moch 1818 IBM Building Seattle, WA 98101 Attn: Diane Kenny SUBJECT: APPLICATION 80 -13 -SS -- Nelson Short Plat The proposed easement for garage transmitted with your letter of 11 August 1980 appears to satisfy conditions attached to approval of Short Plat Application 80 -13 -SS at the Short Plat Subdivision Committee Meeting of 17 July 1980. Please proceed to record simultaneously the easement document and short plat original. TUKWILA PL ING DEPT. Mai'k Caughey Acting Director 19 August 1980 COUNSEL HAROLD S. SHEFELMAN VICTOR D. LAWRENCE JAMES GAY ROBERT G. MOCH GEORGE M. MACK BRIAN L. COMSTOCK TIMOTHY R. CLIFFORD JAMES S. TURNER LEE R. VOORHEES, JR. WILLIAM N. APPEL DAVID B. SWEENEY WILLIAM G. TONKIN DAVID A. BENNETT ROBERT H. CAMPBELL ROBERT G. MULLENDORE • GARY N. ACKERMAN ROGER A. MYKLEBUST DIANE D. KENNY JON W. MAeLEOD PAUL L. AHERN, JR. WILLIAM H. SONG STEVEN E. CUMMINGS TERESA V. BIGELOW Mr. Mark Caughey, Acting Director Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, WA 98188 cc: Continental Lime Inc. Attn: Mr. John Harvey LAW OFFICES ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH 1818 IBM BUILDING SEATTLE, WASHINGTON 98101 TEL. (206) 622 -1818 SUITE 302 2800 DENALI STREET ANCHORAGE, ALASKA 99503 TEL. (907) 276.1358 Thank you for your continuing cooperation. August 11, 1980 Diane Dray ICe nny •WASHINGTON STATE AND ALASKA BARS. ••ALASKA BAR ONLY. ALL OTHERS WASHINGTON STATE BAR ONLY. JOHN E. HAVELOCK • • JAMES P. WETER 11877 F. M. ROBERTS 11880-19731 JAMES C. HARPER (RETIRED) AUG i 2 1'9 RE: Application 80- 13- SS- Nel'son'Short Plat. Dear Mr. Caughey: Pursuant to your letter of July 22, 1980 concerning necessary follow up to the decision of the Short Subdivision Committee rendered July 17, 1980 on the Nelson Short Plat, enclosed please find for your review an executed copy of the revised easement. The revised easement grants an 8' easement to the Nelson property. This covers the 4' area of encroachment, together with a 4' setback area. The revised easement also limits activity within the easement area by not authorizing new construction or enlargement of the existing garage wiaiin the easement area. We have retained the original, signed easement pending verification from your office that the revised easement is consistent with the terms of the Short Subdivision Committee's action. Please give me a telephone call after you have had a chance to re- view the enclosed document so that we may arrange for recording of the approved short plat and the original, revised easement. Very truly yours, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH Tom Reisdorff 6605 - 228th Street S.W. Mountlake Terrace, WA 98043 RE: APPLICATION 80- 13 -SS; NELSON SHORT PLAT Please be informed that the Tukwila Short Subdivision Committee, at its 17 July 1980 meeting, approved the subject short plat application subject to the following stipulation: 1. That the garage easement agreement prepared by Roberts, Shefelman, Lawrence, Gay & Moch and transmitted to the Tukwila Planning Department on 3 June 1980 be revised to . include a 4 -foot wide setback area between the west wall of the garage and the westerly line of said easement area. We have contacted Ms. Diane Kenny of that law firm and will await her proposed revision to the easement. As soon as we receive the material and verify its adequacy, we will release the short plat for recording. A copy of the Short Subdivision Committee's minutes are enclosed. MC /ckh Enclosure Ci of Tukwila Planning Division; 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development 22 July 1980 Mark Caughey Acting Director TUKWILA PLANNING DEPARTMENT City Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development The Committee adjourned at 2:51 P.M. • SHORT SUBDIVISION COMMITTEE - MINUTES OF THE REGULAR MEETING OF 17 JULY 1980. ITEM 1: APPLICATION 80 -13 -55 -- Reisdorff Short Subdivision MOTION CARRIED 2 -1, MR. CAUGHEY VOTING NO. The meeting was convened at 2:20 P.M. in the City Hall Council Chamber by Acting Committee Chairman Mark Caughey. Committee members in atten- dance were Fire Chief Crawley and Public Works Director Uomoto. This item was continued from the Committee Meeting of 15 May 1980. Diane Kenny was present to represent the applicants. She explained the terms of a proposed easement which allow the existing garage on Parcel "A" to continue in use without affecting completion of the Short Plat- process.' MOVED BY MR. UOMOTO, WITH MR. CRAWLEY'S SECOND, TO APPROVE APPLICATION 80 -13 -55 SUBJECT TO THE FOLLOWING STIPULATIONS: 1) PRIOR TO RECORDATION OF THE SHORT PLAT, THE GARAGE EASEMENT AGREEMENT PREPARED BY ROBERTS SHEFELMAN, LAWRENCE, GAY & MOCH AND TRANSMITTED TO THE TUKIWLA PLANNING DEPARTMENT ON 3 JULY 1980 SHALL BE REVISED TO INCLUDE A 4' WIDE SETBACK BETWEEN THE WEST WALL OF THE GARAGE AND THE WESTERLY LINE OF SAID EASEMENT. • 2) THE GARAGE EASEMENT AGREEMENT SHALL BE RECORDED PRIOR TO OR SIMULTANEOUSLY WITH THE SUBJECT SHORT PLAT. Mr. Caughey explained that he voted No on the application because he felt the Committee's action had granted a Defacto Setback variance which is beyond their authority. ITEM 2: APPLICATION 80 -21 -BSIP -- Fostoria Park Associates Bob Storseth represented the application. The Committee was informed that the BSIP was required to obtain construction permits for three buildings pro- posed on Parcel. 1 of Short Plat 79 -26 -55 approved by the Committee last year. The BSIP segregation parcels were compared with the Master Site Layout of Fostoria Park to insure that the alignment thereof conforms to parking, circulation and fire access standards. MOVED BY MR. UOMOTO, WITH MR. CRAWLEY'S SECOND, TO APPROVE APPLICATION 80- 21 -BSIP. .MOTION CARRIED 3 -0. X1908 TO: FROM: DATE: SUBJECT: City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor M EMORANDUM Short Subdivision Committee Members Mark Caughey, Acting Planning Director 2 July 1980 Short Plat Committee Meeting - 17 July 80 The next committee meeting will convene at 2:OOp.m. on 17 July 1980 in City Hall Conference Room 3 to consider the following items: 1) APPLICATION 80 -13.55 - REISDORFF SHORT SUBDIVISION This item was tabled at the 15 May 1980 meeting to allow the applicant to investigate means by which the existing garage encroachment problem on parcel "A" might be resolved. Counsel for the applicant has prepared the attached Easement agreement between the two adjoining property owners permitting continued use of the garage in its present location. This agreement has been reviewed by the City Attorney's office (see, letter of 26 June 1980 from Carl Carlson) and has been endorsed insofar as the issue of further modification to the Short Plat boudaries concerned. As the Attorney notes, how- ever, the non - conforming setback problem associated with the garage overhanging the property line cannot be resolved by the Easement agreement. Section 17.20.030 of the City subdivision code requires that any proposed subdivision "respond to and complement" City of Tukwila ordinances. Staff interprets this provision to require that all existing non - conforming conditions on a site which is to be subdivided must be resolved prior to subdivision approval. Thus, the committee must determine if approval of this application as submitted and conditioned upon recordation of the proposed Easement agreement is with- in the latitude of existing development policy. 2) APPLICATION 80 -21 -BSIP: FOSTORIA PARK ASSOCIATES The proposed BSIP will further divide an existing parcel created by Short Plat 79 -26 -55 approved last year. The applicants are in the process of developing a multi-struc- tural industrial park on this and other parcels of the Short Page 2 Plat, and are proposing the B.S.I.P. t� create appropriate lease lines. Staff has compared the proposed B.S.I.P. segregations with the applicant's conceptual building plan for the industrial project and finds that each will be self- sufficient for compliance with parking and setback regu lations. Should the committee approve the B.S.I.P. as requested, certificates of segregation for each parcel will be filed with the Planning Department before the building permits are released; as provided in TMC 17.16.070. Y' ■ 1 COUNSEL HAROLD S. SHEFELMAN VICTOR 0. LAWRENCE JAMES GAY ROBERT G. MOCH GEORGE M. MACK BRIAN L. COMSTOCK TIMOTHY R. CLIFFORD JAMES S. TURNER LEE R. VOORHEES, JR. WILLIAM N. APPEL DAVID B. SWEENEY WILLIAM G. TONKIN DAVID A. BENNETT ROBERT H. CAMPBELL ROBERT G. MULLENDORE GARY N. ACKERMAN ROGER A. MYKLEBUST DIANE D. KENNY JON W. MAeLEOD PAUL L. AHERN. JR. WILLIAM H. SONG STEVEN E. CUMMINGS TERESA V. BIGELOW Mr. Mark Caughey Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 LAW OFFICES ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH 1818 IBM BUILDING SEATTLE, WASHINGTON 98101 TEL. (206) 622 -1818 SUITE 302 2600 DENALI STREET ANCHORAGE, ALASKA 99503 TEL. (907) 276 -1358 June 30, 1980 RE: Short Plat of Property Located at South 134th Street and 47th Avenue South (Nelson Property). Dear Mr. Caughey: JOHN E. HAVELOCK JAMES P. WETER (1877.19591 F. M. ROBERTS (1880.19731 JAMES C. HARPER (RETIRED) We have had an opportunity to review Carl Carlson's letter to you dated June 26, 1980 concerning the above - referenced short plat, specifically as that letter concerns Mr. Carlson's review of the proposed Easement for garage to solve the garage encroach- ment problem. We share Mr. Carlson's view that the granting of an Easement by Continental Lime consenting to the location of the garage on a portion of Continental Lime's property would leave the existing lot lines in tact, avoiding the problem of irregular boundaries. Regarding the avoidance of unnecessary paperwork, we note the proposed Easement is only three pages in length, with one attachment, the survey map illustrating the relationship between the garage and abutting properties. While we provided the Sale and Purchase and Option Agreements to Mr. Carlson for his review so that he may understand the structuring of Continental Lime's acquisition of the Nelson Property, neither of those agreements are part of the proposed Easement. Therefore, we believe paper- work has been kept to a minimum. (continued on page two) •WASHINGTON STATE AND ALASKA BARS. ••ALASKA BAR ONLY. ALL OTHERS WASHINGTON STATE BAR ONLY, JU L 1 1980 Mr. Mark Caughey June 30, 1980 Page Two DDK /mem cc John Harvey Carl Carlson 1818 IBM BUILDING SEATTLE, WASHINGTON 99101 We are aware of the City's concern with the resolution of discovered zoning violations at the time of plat review. In the subject case, resolution of the garage encroachment problem will occur when Continental Lime completes its acquisition of the Nelson Property. In the meantime, relocation of the garage does not seem feasible. We have been advised the garage is quite old, and that movement of the garage likely would result in its collapse. While we appreciate the City's interest in correcting zoning violations, the likelihood that this encroachment will re- main for many years is extremely remote. When Continental Lime acquires the Nelson Property, it plans to develop the total parcel for a commercial or industrial use. At that time, the house and garage will be demolished. The risk of the garage encroachment remaining for a period of years and being inherited by a sub- sequent purchaser is all but non - existent. It is our understanding the Short Plat Committee will meet once again to review the Nelson short plat. We trust you will share with the Committee our thoughts, as set forth in this letter, concerning the garage issue. Also, we would be most happy to at- tend the Short Plat Committee Meeting and respond to any questions which might be raised by Committee members. Please contact the undersigned attorney at 622 -1818 indicating the time and location of the Committee Meeting if you feel our attendance would be beneficial. Continental Lime is most anxious to conclude the short plat approval process in order to complete the recording of the purchase documents for the front portion of the Nelson Property. If our attendance on behalf of Continental Lime at the Short Plat Commit- tee Meeting would assist in this effort, we would appreciate being advised of the meeting date. Thank you for your cooperation. Very truly yours, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH LI( � r Li C. F. A. ESOURq� p/� �u (�VO VI PAAGI "bONLD�. FLEMING GEORGE M. HARTUNG MEADE EMORY LEON C. MISTEREK DWAYNE E.COPPLE THOMAS 0. McLAUGHLIN JOHN F. COLGROVE C. DEAN LITTLE LAWRENCE E. HARD RODNEY J. WALDBAUM t LESOURD, PATTEN, FLEMING, HARTUNG & EMORY ATTORNEYS AT LAW 3900 SEATTLE -FIRST NATIONAL BANK BUILDING SEATTLE, WASHINGTON 98154 (206) 624-1040 June 26, 1980 Mr. Mark Caughey Planning Department City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Re: Short Plat of Property Located at South 134th Street and 47th Avenue South (Nelson Property) Dear Mark: ROBERT L. PALMER COUNSEL This letter is a follow up to our telephone conversation of Thursday, June 26, regarding the short plat applica- tion for the Nelson property. I understand that you and the Short Plat Committee are concerned that the location of a garage on the Nelson property which is located on the boundary line and which encoraches approximately four feet onto the adjoining property be dealt with in some fashion before approving the short plat application of Continental Lime. I have reviewed the proposed Easement for Garage which Continental Lime has offered to grant to the Nelson property, in conjunction with the Option Agreement and the Sale and Purchase Agreement entered into between the Nelsons and Continental Lime. BRUCE G. HANSON RICHARD P. MATTHEWS D. WILLIAM TOONE DANIEL D. WOO CARL J. CARLSON P. WARREN MAROUARDSON LAWRENCE A. M.ZELENAK JULIE G. WADE It is my opinion that the proposed Easement will adequately satisfy many of the City's concerns regarding the garage. It would leave the existing boundary line completely intact, avoiding the problem of irregular boundaries. The Easement is relatively brief and simple; it should not make the property description unduly complicated. Nor, obviously, would there by any problem recording this common sort of a document with the Auditor's Office. The Easement should also be ample protection for Mr. Mark.Caughey June 26, 1980 Page Two any innocent future purchasers of the Nelson property. I also understand that the Short Plat Committee is interested in cleaning up non - conforming structures or other zoning violations when it considers short plat applications. The Easement proposed by Continental Lime does not resolve this problem. Nevertheless, . given that the garage is apparently old and with a limited life span, and given the liklihood that Continental Lime will one day own the entire group of properties, I feel that allowing the garage to remain where it is might be the ' most reasonable 'approach for the City to take. This latter observation is simply my own impression; I don't intend it to be as a legal opinion to the. Short Plat Committee. If you or other members of the Committee have reactions to or questions about this letter, give me a call. CJC:sb cc: Diane Kenny Very truly yours, LeSOURD,.PATTEN, FLEMING,: HARTUNG & EMORY Carl J. rlson COUNSEL HAROLD S. SHEFELMAN VICTOR D. LAWRENCE JAMES GAY ROBERT G. MOCH GEORGE M. MACK BRIAN L. COMSTOCK TIMOTHY R. CLIFFORD JAMES 5. TURNER LEE R. VOORHEES, JR. WILLIAM N. APPEL DAVID B. SWEENEY WILLIAM G. TONKIN DAVID A. BENNETT ROBERT H. CAMPBELL ROBERT G. MULLENDORE • GARY N. ACKERMAN ROGER A. MYKLEBUST DIANE D. KENNY JON W. MAcLEOD PAUL L. AHERN, JR. WILLIAM H. SONG STEVEN E. CUMMINGS TERESA V. BIGELOW Mr. Mark Caughey Planning Department City of Tukwila 14475 59th Avenue South Tukwila, Washington 98168 Dear Mr. Caughey: LAW OFFICES ROBERTS, SHEFELMAN, LAWRENCE, GAY $ MOCH 1818 IBM BUILDING SEATTLE, WASHINGTON 98101 TEL. (206) 622.1818 SUITE 302 2600 DENALI STREET ANCHORAGE, ALASKA 99503 TEL. (907) 276.1358 June 3, 1980 Re: Short Plat of Property Located at South 134th Street and 47th Avenue South - Nelson Property Lots 7 and 8, subdivision of Lots 7, 8, and 9 of Fostoria Garden Tracts, according to plat thereof recorded in Volume 11 of Plats, page 57, records of King County, Washington. On May 27, 1980, you and I discussed the short -plat application which was submitted by our client's surveyor, Mr. Tom Reisdorff. Our discussion concerned the location of a garage which is accessory to the home located on the front portion of the property. *WASHINGTON STATE AND ALASKA BARS. * *ALASKA BAR ONLY. ALL OTHERS WASHINGTON STATE BAR ONLY. JOHN E. HAVELOCK • * JAMES P..WETER1I877.19591 F. M..ROSERTS (1000.1973) JAMES C. HARPER (RETIRED) JUN 5 1980 We are counsel for the purchaser of the above - referenced property, legally described as follows: The purchaser, Continental Lime Inc., and the sellers, Mr. and Mrs. Carl Nelson, have entered into two agreements concerning the sale of this property. The Sale and Purchase Agreement concerns acquisition by Continental Lime of the back portion of the property. The Option Agreement concerns Continental Lime's acquisition of the front portion of the property. These agreements provide that Mr. and Mrs. Nelson may continue to reside on the front portion of the property for as long as they want. The Option Agreement requires Mr. and Mrs. Nelson to notify Continental Lime if they decide to move from their home or if they no longer live in their home. Upon receipt of such notice, Continental Lime can exercise its option and acquire the front portion of the property. Mr. Mark Caughey City of Tukwila June 3, 1980 - page 2 Continental Lime currently owns the property which is on the west side of the subject property. The Nelson's garage, as illustrated by Mr. Reisdorff's survey which is part of the short -plat application, encroaches approximately 3.77 feet onto Continental Lime's property. We understand this encroachment has posed a problem for approval of the short plat. Continental Lime is most interested in promptly resolving any problems associated with the short plat and obtaining approval of the short plat. As owners of the adjacent property, as purchasers of the back property, and as holders of the option to acquire the front property, Continental Lime is willing to execute an easement for the benefit of the Nelson property to allow encroachment of the garage onto Continental Lime's property. Enclosed for your review is a copy of the proposed easement. Also enclosed for your information are copies of the Sale and Purchase, and Option agreements, to advise the City of the terms of Continental's acquisition of both the back and front portions of the subject property. While we understand the City's concern in avoiding any future difficulties for a future purchaser of the Nelson property, due to the encroachment of the garage, we feel the facts of the sale of the Nelson property justify use of an easement solution for this problem. There is virtual cer- tainty that Continental Lime, the abutting property owner and the property owner affected by the encroachment, will acquire the Nelson home. Therefore, there is no risk to an unknown purchaser who could be burdened by the garage en- croachment. I have taken the liberty of sending copies of the afore- mentioned documents to your City Attorney in order to expedite review of this matter. In our May 27 telephone conversation you mentioned a report which had been prepared on the subject short plat in connection with an earlier hearing. Could you please provide us with a copy of the report? Thank you very much for your assistance. I look forward to hearing from you in the near future. We are anxious to com- plete this short -plat process. DDK:mwb /Encl. cc: Continental Lime Inc. Attn: Mr. John A. Harvey Very truly yours, ROBERTS, SHEFELMAN, LAWRENCE, GAY & MOCH k■ e44/Vt d -- Diane Dray Ken Mr. Mark Caughey City of Tukwila June 3, 1980 - page 3 cc: Mr. Larry Hard, City Attorney w /Enclosures l , . JUN 5 1980 AGREF•MEz. MADE this aO, day of J6,4vAtt„1 , 1980, between Continental Lme Inc., a Utah corporation (hereinafter ,referred to as "Conti.n..ntai Lime ") , and Carl Nelson and i:t,/je Nelson, husband and wife (hereinafter referred to as "the Nelsons "). RECITALS A. Con inental Lime desires to acquire an option to purchase certain real estate owned and lived upon by the Nelsons. B. The nelsons desire to grant an option to Continental Lime to purchase that real estate. The Nelsons anti Continental Lime have signed a Sale and Purchase Agreement which is attached to this Option Agreement and by this reference made a part hereof. Under that Agreement the Nelsons agreed to sell to Continental Lime the heck portion .f their property (hereinafter referred to as the "Sack Proliert ") . The Nelsons desire to continue to reside on the front portion of their property (hereinafter referred to as the "Horne Property ") for as long as they want. The Nelsons desire to tal Lime this option to purchase the Home Property ns no longer live there. AGREEMENTS 1. Op ti to Purchase the Horne Property In consideration of Continental Lime's purchase of the Lack Property, the Nelsons grant to Continental Lime an option to purchase the Iiome Property, including all structures on it. The is legally described in the attachment to this Agree - hereby made a part of this Agreement. • 2. Promise to Notify The Nelsons promise to notify Continental Lime in writing if they decide to move from the Home Property, or if they no longer live on the Home Property. They will do so by mailing the written notice by certified or registered mail with postage prepaid to: Continental Lime Inc. 215 -10451 Shellbridge Way Richmond, B.C., V6X 2W3, Canada Attention: Harry A. King Secretary - Treasurer Continental Lime will notify the Nelsons if there is any change in the above address. 3. Time of Exercise of Option The time period during which Continental Lime can exer- cise this option will begin either. when Continental Lime receives mitten notice that the Nelsons are planning to move from the Home Property, or when the Nelsons no longer live on the Home. Property. The time period during which Continental Lime can exercise this option will end at midnight on the thirtieth day after the date on which Continental Lime receives written notice from the Nelsons or somebody acting on their behalf that the Nelsons no longer live on the Hone Property, or that they are planning to move from the Horne • Pro ^arty. If Continental Lime does not receive written notice, but it learns that the Nelsons no longer live on the property, Continen- tal Lime will have the right to exercise this option at any time, and that right will continue until thirty days after Continental Line actually receives written notice.. The period for Continental 2 Property, including all S'a �; 6. Title to the Property Title shall be conveyed free and clear of defects. If Continental Lime exercises this option, it will order a title report from Pioneer National Title Insurance Company. If there are defects in title, Continental Lime shall have the right to cancel its decision to purchase the Home Property. If there are any mortgages or other liens, they will be paid out of the purchase price at closing. If Continental Lime cancels because of defects in title, this agreement shall terminate without any further claims between the parties. 7. Expenses (a) The Nelsons will pay for the title insurance, and the usual conveyance taxes. (b) The escrow fee will be shared equally.' (c) Real estate taxes will be prorated at closing. 8. Closing The sale shall be closed no more than thirty days after the title report has been issued. The place of closing shall be at the offices of the title insurance company. At the closing, the Nelsons will execute and deliver a warranty deed conveying the Home Property to Continental Lime. Possession of the Home Property will' pass to Continental Lime at that time. 9. Binding Effect and Assignability This agreement shall extend to and be binding upon • . the heirs, administrators, executors, guardians and assigns of the Nelsons. CONTINENTAL LIME INC. , ?Z ,t Carl Nelson ..4e4:e444:44.4 ia,s.: Nelson STM'E OF WASHINGTON Coi iNTY OF KING ) s ) On this day of O l ?),/ , 1980, before ma, the undersigned Notary Public in and for the State of Washington, personally appeared ► to me known to be the .z,II 7 of Continental Lime Inc., the corpo- ration 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 6.e is authorized to execute the said instrument. WITNESS any hand and official seal hereto affixed the day and year first above written. STATE OF WASHINGTON ) ) ss. COUNTY OF KING Notary Public in and for the State of Wassl ington, residing at � �? On this 37 day of 41/192Y , 1980, before me, the undersigned Notary Public in and for the State of Washington, personally appeared Carl Nelson and ;�' /J Nelson, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year first above written. N ary Public in and for the State of Wasl n,' residing at - 5 - . SALE AND PURCHASE AGREEMENT JUN 5 1980 AGREEMENT MADE this a404, day of January, 1980, between Continental Lime Inc., a Utah corporation (hereinafter referred to as "Continental Lime ") and Carl Nelson and C s-S•Se Nelson, husband and wife (hereinafter referred to as "the Nelsons "). RECITALS A. Continental Lime desires to purchase certain property from the Nelsons. The legal description of the property is as follows: Lots 7 and 8, Subdivision of Lots 7, 8, and 9 of the Fostoria Garden Tracts, according to Plat thereof recorded in Volume 11 of Plats, page 76, records of King County, Washington. B. The Nelsons desire to sell the property to Continental Lime, but they want to sell one part of it now and another part of it later. The Nelsons desire to sell the back portion (hereinafter referred to as the "Back Property ") now. They desire to continue to reside on the front portion (hereinafter referred to as the "Home Property ") for as long as they want. The Nelsons and Conti- nental Lime desire that Continental Lime shall have an option to purchase the Home Property when the Nelsons no longer live there. AGREEMENTS 1. Sale of the Back Property In consideration of the deposit made by Continental Lime, the Nelsons agree to sell the Back Property to Continental Lime. The exact area and boundaries of the Back Property will be deter- mined by a survey. 2. Survey Continental Lime will arrange and pay for the property to be surveyed. The Nelsons will cooperate as is necessary for the survey to be conducted. The surveyor will divide the property into the Home Property and the Back Property. The back line of the'Home Property will be far enough back so that the tree that is located behind the house will be included in the Home Property. That line will be about 180 feet back from the front edge of the Home Prop- erty. A diagram showing the approximate division of the property is attached. The surveyor will determine the total number of square feet in the Back Property and the total in the Home Property. 3. Short - platting ' Continental Lime will arrange and pay for the property to be short - platted into two lots, the Back Property and the Home Property, according to the . line drawn by the surveyor. The Nelsons will cooperate as is necessary for the short - platting. They will allow persons who need to conduct engineering and other studies necessary for short - platting onto the property. They will sign documents necessary for the short - platting. The Nelsons are not required to pay any of the expenses of the short - platting. If the short - platting of the property is not allowed, Continental Lime may cancel this agreement. 4. Purchase Price Continental Lime agrees to purchase the Back Property for the sum of $1.50 per square foot. The square footage is to be determined by the survey. That sum shall be paid as follows: 2 (a) $500.00 deposit on the signing of this agreement, receipt of which is hereby acknowledged by the Nelsons. (b) The remainder in cash when the sale is completed. 5. Title to the Property Title shall be conveyed free and clear of defects. Continental Lime will order a title report from Pioneer National Title Insurance Company. If there are defects in title, Conti- nental Lime shall have the right to cancel this agreement.. If there are any mortgages or other liens, they will be paid out of the purchase price at closing. If Continental Lime cancels because of defects in title, or because short - platting is not allowed, the Nelsons shall promptly return the deposit made by Continental Lime and this agreement shall terminate without any further claims between the parties. 6. Expenses The expenses of this transaction shall be paid as follows: (a) Continental Lime shall pay for the survey, and for the cost of having the property short- platted into two parcels. (b) The Nelsons shall pay for title insurance and the usual conveyance taxes. (c) The escrow fee will be shared equally.. (d) Real estate taxes will be prorated at closing. 7. Consent The Nelsons and Continental Lime acknowledge that the Nelsons' garage on the Home Property extends onto adjoining land \ owned by Continental Lime. Continental Lime consents to having the garage extend onto this adjoining land until it desires to move the garage. If Continental Lime desires to move the garage, it will have the garage moved entirely onto the Home Property at no expense to the Nelsons. 8. Option to Purchase the Home Property When the Nelsons cease to live on the Home Property, Continental Lime will have the right to purchase the Home Property, including all structures on it, according to the terms of the Option Agreement which is attached to this agreement and by this reference 4- 2-.acJ is made a part hereof. The purchase price will be $ per square k foot, as determined by the survey. At the time the sale of the Back L.,/; Property is completed, the legal description of the Home Property will be attached to the Option Agreement, and the price to be paid for the Home Property will be written into the Option Agreement. 9. Closing The sale shall be closed no later than thirty days after the short- platting is completed. The place of closing shall be at the offices of the title insurance company. At the closing, Continental Lime will pay the balance of the purchase price and the Nelsons will execute and deliver a warranty deed conveying the Back Property to Continental Lime and the Option Agreement. Possession of the Back Property will pass to Continental Lime at that time. 10. Time for Entering into this Agreement If the Nelsons do not deliver a signed copy of this Sale and Purchase Agreement to Continental Lime by February is\-, 1980, Continental Lime's offer to enter into this agreement will expire. • •,,..:. 11. Binding Effect This agreement shall extend to and be binding upon the heirs, administrators, executors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. CONTINENTAL LIME INC. Ca G g-isa- Nelson . CityofTukwiIa Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Min.'s • epared by: ughey cting Planning Director MC /mkb SHORT SUBDIVISION .COMMITTEE • MINUTES OF THE REGULAR MEETING OF 15 MAY 1980.. . The meeting was convened at 2:18 P.M. in City Hall Conference Room #3 by the Acting Committee Chairman Mark Caughey. Committee members.in.atten- dance were Fire Chief Crawley and Public Works Director Uomoto. ITEM 1: APPLICATION 80 -13 -SS -- Reisdorff Short Subdivision Tom Reisdorff, Professional Land Surveyor, was present on behalf of the property owner /applicant. Mr. Caughey re- stated the areas of concern pertaining to this applica- tion as contained in the staff report of 29 April 1980. 1) ACCESS The Committee agreed that Parcel "A" of the short plat would • be accessed from 48th. Ave. So., and that Parcel "B ". would be served by So. 133rd St. Cross - easements for circulation bet - ... ween Parcels "A" and "B" would not be necessary. However, the Committee agreed that development of.either.parcel would pro- bably require substantial improvement (at private expense) of its public access street. The improvement requirement would probably be imposed as a condition of development permits due to the poor repair of both frontage streets. PARCEL "A" BOUNDARY The aforemention staff report addressed the problem of an existing garage which over - hanges the south property.line of Parcel "A ". The Committee's consensus is to.require.that the boundary between - Parcel "A" and Lot 9 of the Fostoria Garden Subdivision be adjusted to place the garage entirely within Parcel "A ", or to move the garage onto Parcel "A" as shown. Mr. Reisdorff agreed to re -draft the plat and legal.descrip- tions re- shaping Parcel "A" to contain the existing garage. The Committee agreed to table this item to its next meeting, 12 June 1980 to allow the applicant to revise his proposal. There being no further business before the Committee, the meeting adjourned at 2:45 P.M. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 TO: FROM: DATE: SUBJECT: The Short Plat Committee will convene at 2:00 P.M., Thursday 15 May 1980 in City Hall Conference Room #3 to discuss the following application: #1: 80 -13 -SS - Reisdorff Short Subdivision The subject site is located as depicted on Exhibit 1, and is zoned M - (Light Industrial). No minimum lot area requirements are specified in the M - zone • district. The applicant intends to divide an existing single parcel into two separate lots. Staff notes the following potential difficulties with this request in its current condition: 1) Access corridor not provided to parcel "B ": Access to both parcels of the short plat is from 48th Ave. So. The legal description for parcel "A" should be revised to include an easement for ingress - egress to parcel "B ". 2) Non - conforming structure, parcel "A ": An existing garage currently encroaches slightly upon the neighboring parcel to the west. The City Attorney advises us that it would be improper to approve final subdivision action on this site until the situation of non - conformance is corrected. The following options are available to the applicant: 1) Negotiate a boundary line adjustment between parcels 8 and 9 to accommodate the garage entirely on parcel 8. 2) Move the garage within the existing boundaries of parcel 8. 3) Dismantel the existing garage structure. The applicant should be prepared to indicate to the committee the manner in which the non - conforming structure will be corrected, and the provisions to be made for access to parcel "B ". MC /mkb MEMORANDUM Short Subdivision Committee Members Mark Caughey, Acting Planning Director 29 April 80 SHORT PLAT MEETING: 15 MAY 1980 IP . ..er /3 !27.C2 4 0- /,> 1.• - • • / /// CD / // .1/ • /- /LOIN' • I- • ST s r t . E \S\1 \ „ z o c. / SOUTH., LINE rt. 4 .• .............. RTH i)VE f sr . ‘ o 41... J / ■ . / 0.801Z. rz.14- N ..*423 25 p- up): 1 /e2 0 192 • ns s T.L./3 0 / L.D.C. ZLI.3 O 7.