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HomeMy WebLinkAbout2009 - Release of Restrictive Covenants - City of Tukwila - 20090203000962 20090203000962 CITY OF TUKWIL R 44.00 Return to: PAGE001 OF 003 City Clerk KING Y, WA City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RELEASE OF RESTRICTIVE COVENANTS Assessor's Tax Parcel Number: 362304 -9059 A. Certain real property legally described on Exhibit A attached hereto and incorporated herein by this reference ('Parcel A B. Setback and Site Plan Restrictive Covenants were placed upon Parcel A pursuant W a Declaration. of Restrictive Covenants signed on February 15, 1985 "the Covenants C. In 1985, Parcel A was located within the City of Renton, County of King, State of Washington, and the Covenants were required by the City of Renton, which was the permitting authority at the time. D. This property is now currently located within the City of Tukwila, County of King, State of Washington, and the City of Tukwila is now the permitting authority. E. The City of Tukwila has new street standards and requirements for the frontage along S.W. 43rd Street. F. This instrument releases the restrictive covenants requireing a 20 foot landscaped setback from S.W. 43rd Street. 1. Release of Restrictive Covenants. The Setback and Site Plan Restrictive Covenants under Recording No. 8503010535 signed on February 15, 1985 are hereby released. 2. Indemnification. The City of Tukwila shall hold the owners of Parcel A harmless from any claims that he or she has failed to comply with the Setback and Site Plan Restrictive Covenants under Recording No. 8503010535. 3. BindinLy Effect. This instrument shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives and all persons claiming by, through or under the parties hereto. 4. Severabilitv. If for any reason any portion of this instrument or any agreement contained herein shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this instrument or agreement and the remaining portions of the instrument shall remain in full force and effect. CITY OF TUKWILA, WASHINGTON Approved as to form: Ji agge2ga r City Attorn Offi STATE OF WASHINGTON ss. COUNTY OFG J I certify that I know or have satisfactory evidence that Jim Haggerton is the person who appeared before me, and said person acknowledges that he /she signed this instrument and on oath stated that he /she was authorized to execute the instrument on behalf of the City of Tukwila, and acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in this instrument. DATED: 5 ID C G� 0 CGt�� Print Name: NOTARY PUBLIC for the State of \5 5A R. 1SGu�cP�ar� residing at �4 ;s%0N 64'N��� ;F4A 01A# a i My appointment expires: N��' 46r.4, C) 1, .O 1 r EXHIBIT A LEGAL DESCRIPTION That portion of the NE quarter of the NW quarter of Section 36, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Beginning at a point 669.75 feet west and 30 feet north of the NE corner of Henry Adams Donation Claim No. 43; thence westerly 66 feet along a line parallel to and 30 feet north of the north line of said Henry Adams Donation Claim No. 43; thence North 1° 39' East 120 feet; thence South 88° 21' East to the west line of right -of -way of the Seattle Tacoma Interurban Railway (Puget Sound Electric Railway) as heretofore acquired; thence south along said west line to a point on a line 30 feet north and parallel to the north line of said Henry Adams Donation Claim No. 43; thence westerly along said parallel line to the point of begenning. Situate in the City of Tukwila, County of King, State of Washington.