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HomeMy WebLinkAbout2007 - Sensitive Area Easement - Rehabitat Northwest Inc - 20070801000856Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) I. Ss";( AMC- Lit.. It 4.11 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor (Last name, first name, initials) 1. geL b.'1J A)Argoe1t 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1. I a 7-44-4011S C.� 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) MO 15-33 -o4( Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number Assessor Tax not yet assigned IS P 30'-{ —4101 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. Return Address: 4. aF 71.1c �.Id ‘206 L wict- -->t31t t 'Ti4.4:1 &f4 9t18b 11111111 11111 I lull 20070801000856 REHRBITRT NORT NOSR 47.00 08/011/ 13:38 KING COUNTY, WA 1 1 1 Please print ortyp information WASHINGTON STATE RECORDER'S C 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 Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor /Borrower: REHABITAT NORTHWEST, INC. Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): L05 -038 Section /Township /Range: NW 15 -23 -04 Assessor's Tax Parcel Number(s): 152304 -9101 Property Legal Description (abbreviated): 152304 101 BEG N00 -01 -04 E 598.57 FT N 89 -59 -00 E30 FT FROM W'/ COR SEC 15 TH N 89 -59 -00 E 279.74 FT TH N00 -18 -45 W 175 FT TH S 89 -59 -00 W 278.30 FT TH S 00 -01 -04 W 175 FT TO BEG LESS S 10 FT OF W 100 FT THOF Page 1 of 8 Above this line reserved for Recorder's use SENSITIVE AREA EASEMENT SENSITIVE AREA EASEMENT This SENSITIVE AREA EASEMENT is created April 6, 2007 by and between Rehabitat Northwest, Inc corporation address is 5639 le Ave SW, Seattle, WA 98106 (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 administrating Tukwila Municipal Code (TMC) 18.45 "Environmentally Sensitive Areas as amended, and Permittee /Grantor has,applied for short plat approval (DCD File Number L05 -038) to develop the property described in exhibit A with four single family homes. A portion of the buffer for Wetland 17, as identified on the City's Sensitive Area Map and the applicant's Wetland Study, extends on to the property. Wetland 17 is a type two (2) wetland and requires a buffer of eighty feet. TMC 18.45.090 (B) permits the applicant to reduce the buffer area of a wetland by up to 50- percent, provided the buffer area is not classified as steep slope and that the remaining buffer is enhanced. DCD determined that a buffer reduction for the project would be appropriate. Permittee /Grantor has provided enhancement of the remaining wetland buffer area. Permittee /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 Agreement 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. Page 2 of 8 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. In order to ensure proper maintenance and care of the wetland buffer area, City of Tukwila employees shall have access to the wetland buffer area on lots four and five of the short plat. This access shall not be interpreted to allow members of the general public access to the wetland buffer area. 5. 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 3 of 8 GRANTOR: Rehabitat Northwest, A WASHINGTON STATE CORPORATION IN WITNESS WHEREOF, said individual(s) have caused this instrument to be executed this a day of mnty 2007. STATE OF WASHINGTON )ss. COUNTY OF KING Authorized Signature Authorized Signature I certify I have know or have satisfactory evidence that -e en 11)41 3,-)1 ((-a r 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 n l,ut'le -lam f of the 'Rv1- noi- GC I .YY- inttVSC, a Washington State Corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated mru a-ODl a A PP. LI err .1;� /f it R te gst wt. N$tary Public in and f@r the ,S$ t -of Was i ton so fa= residing at Ce�L (_O t n, My appointment expires 7- /a- 11 i wASN Page 4 of 8 GRANTEE: CITY OF TUKWILA ATTEST: County of King Mayor STATE OF WASHINGTON ss. On this tf rIA. day of Mu R.-I 20 01 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared -crar1 YYN. M(Ai(Ct and 3 n.2 i= 0 can t r4 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. Dana a. o inm p rint name A NAL lsi d a n NOTARY PUBLIC in and for the r State of Washington, residing at 1 IA...+( IA La City Clerk ffi \a \5 \1 \e ALR%f *,rrr 1 4 1, \111, y se OF t 0 Page 5of8 Exhibit "A" Easement Premise The east 80 feet of King County Parcel 152304 -9101. The parcel is legally described as: BEGINNING N 00 °01'04 "E 498.57 feet and N 89° 59'00 "E 30 feet from the West IA corner of Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington; Thence 89 °59'00 "E 279.74 feet; Thence 00 °18'45 "W 175 feet; Thence 89° 59'00 "W 278.30 feet; Thence 00 °01'04" 175 feet to the True Point of Beginning; EXCEPT the South 10 feet of the West 100 feet thereof. The easement area encompasses approximately 14,000 square feet. (Legal Description taken from survey prepared by Emmett C. Dobb, dated September 12, 2005) Page 7 of 8 Lot LIT Z Exhibit "B" Site Map EXHIBIT 13 DEPICTION OF SENSITIVE AREAS TRACT A LOT 3 P/- R.ctrL is2309- -9iol Page 8 of 8 SENSITIVE AREA W LT L 4t)D LOT u LOt'4 4Q 5 1 2 0 LL� w d vi/E720