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HomeMy WebLinkAbout2007 - Sensitive Area Easement - Pitzer Homes - 20070131003245 Return Address: II City of Tukwila, DCD 6300 Southcenter Blvd, Suite 100 20070131003245 TuKWlla, WA 96 oo PAGE003 TUK008 EAS 39.00 01/31/2007 15:55 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1 Sensitive Area Easement 2 3. 4. Reference Number(s) of Documents assigned or released: Additional reference Ws on page of document Grantor(s) (Last name, first name, initials) 1.Pitzer Homes. Inc 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1. City of Tukwila 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) g 4 ADAMS HOME. TRG ?NT) Ann T, SS 125 F.T T GW POR VAC ST ADJ Additional legal is on page 6 of document. Assessor's Property Tax Parcel /Account Number Assessor Tax not yet asst ned 004200- 0401 -05 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party SENSITIVE AREA EASEMENT This SENSITIVE AREA EASEMENT is created August 23, 2006 by and between Pitzer Homes Incorporated, a Washington State Corporation whose address is 46533 284 Ave SE., Enumclaw, Washington 98022 (Grantor) and the City of Tukwila, Department of Community Development, whose address is 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 (Grantee); The grantor is the fee simple title holder of real property located in the City of Tukwila, King County, and the State of Washington, legally described in Exhibit A. The Department of Community Development (DCD) for the City of Tukwila is charged with administering Tukwila Municipal Code (TMC) 18.45 "Environmentally Sensitive Areas as amended, and Grantor has applied for a permit from DCD (DCD File Number D04 -421) to develop the property described in exhibit A with one single family house. DCD determined that a permit could be issued for development on the property and the proposed project would not impact the wetland or wetland buffer on the property. Grantor has agreed to grant the City of Tukwila a Sensitive Area Easement that protects the wetland and wetland buffer area (hereafter "Easement Premises) on the property and restricts further development of the area shown in Exhibit B. The City of Tukwila shall record this Easement with the King County Recorders Office. ACCORDINGLY, Grantor conveys this Sensitive Area Easement to grantee pursuant to TMC 18.45.170 "Sensitive Area Tracts and Easements" on the terms and conditions stated below. 1. The purpose of this Easement is to protect the functions and values of the existing wetland, its associated buffer, and its natural resources on the Easement Premises consistent with the Permit and the protection of the benefits to the public derived from wetlands and integral habitat, by requiring Grantor to maintain the easement Premises in its natural and undeveloped conditions. 2. Grantor acknowledges that future activities within the wetland and wetland buffer are strictly limited under TMC 18.45 "Environmentally Sensitive Areas" as the chapter currently exists and as may be amended in the future. 3. This Easement shall be binding upon successors and assigns of the parties and shall run with the land in perpetuity unless modified or terminated by written agreement of the parties. 4. This easement may be modified only in writing through amendment of the Easement. Any modification shall be consistent with the purpose and intent of the Easement and TMC 18.45 as may be amended. Page 1 of 7 GRANTOR: PITZER HOMES, A WASHINGTON STATE CORPORATION IN WITNESS WHEREOF, said individual(s) have caused this instrument to be executed this a7' day of 2006. Authorized Si nat rr g iof'fzed Signature STATE OF WASHINGTON) )ss. COUNTY OF KING I certify I have know or have satisfactory evidence that��1P5l if is /are the person(s) who appeared before me, and said person(s) acknowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as the O C-0 n e- r of the a Washington State Corporation, to be the free and voluntary act p f such party for the uses and purposes mentioned in the instrument. Dated N'P' 1Ut, I -t Notary' PuYlic in and for the State of Washington residing at `J14 s,1 C' ups ~Vir1.�G AV My appointment expires U P I 0 Page 2 of 7 PROSPECTIVE BUYER: IN WITNESS WHEREOF, said individual(s) have knowledge that this easement is being recorded on the property for which they have a purchase and sale agreement for ,;L4* day of R 2006. U Authorized Signature A .6rized Signature STATE OF WASHINGTON) )ss. COUNTY OF KING I ce I have know or ha satisfactory evidence that ec�, f �'�►G �i� e. 1 C( d 1 ff (ail C� P S to d If r V v is /are the person(s) who appeared before me, and said person(s) acknowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as the G k; ners of the pips- elreir;t to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated J I/ IC'(- t Notary Public in and for the State of Washington residing at -t G My appointment expires 0: U Page 3 of 7 DATED this Z1 day of r'L e"'af' -2006. GRANTEE: CITY OF TUKWILA vv� vv� 40- Mayor ATTEST: j City Clerk STATE OF WASHINGTON ss. County of King IqM On this day of N `M67 rY 20 J ta ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 0 4 e iJ 2y3 01. j and a i q e L Gam; known to me to be the Mayor and City Clerk, respectively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. 7pj R�D NOTARYUBLIC in and for the S of VVashington, residing at Page 4 of 7 LIST OF ATTACHED EXHIBITS Exhibit A: A legal description of the Grantor's Property, inclusive of the Easement Premises. Exhibit B: A site map depicting the Grantor's Property showing the wetland area and wetland buffer which is the Easement Area. Page 5 of 7 Exhibit "A" Legal description of the Grantor's Property, inclusive of the Easement Premises LOT 8, BLOCK 4 OF ADAM'S HOME TRACTS SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS ON PAGE 90, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE EAST 125 FEET THEROF TOGETHER WITH VACATED PORTION OF SOUTH 150 STREET ADJOINING TO SAID PREMISES BY ORDINANCE NUMBER 8851 Page 6 of 7 Exhibit `B" Site Map ILI ilk I P 1 R t w� a