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HomeMy WebLinkAbout2005 - Undergrounding Agreement Waiver to Undergrounding Ordinance - Nakata Sharon - 2005103100048411 20051031000484 . ENTD DEC 1 s 2005 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 Document Title(s): Waiver to Undergrounding Parties: City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Other: Nakata Sharon Last First Initial Company Name (if business) 11600 — 39th Ave. South Address Tukwila, WA 98168 City State Zip Legal Description: A Portion of the SE 1/4 and NE its, of the NW 1/4 , Sec. 10, T.23N., R.4E., W.M., (a.k.a.) A portion of Tracts 10 and 11 of Riverside Interurban Tracts, as per plat recorded in Volume 10 of plats, page 74, records of King County Auditor. Assessor's Property Tax Parcel/Account Number(s): 734060-0221 734060-0200 UNDERGROUNDING AGREEMENT WAIVER TO UNDERGROUNDING ORDINANCE OBLIGATION FOR FUTURE UNDERGROUNDING (L04-022) The proposed development at: 11600 — 39th Ave. South and 3916 South 117th Street, a.k.a Lots 1, 2, 3, 4 and 5, City of Tukwila Short Plat No. L04-022 and Boundary Line Adjustment L04-018, within tax parcel nos. 734060-0221 & 734060-0200, require undergrounding per Ordinance 486, 924 and 1321. In compliance with the requirements of Ordinance No. 1607, the property owner of this 5 lot short plat, hereinafter referred to as "Owner" has demonstrated application with the Underground Ordinance will create undue hardship if carried out as part of the development. Subject property is legally described in Exhibit 'A' and depicted in Exhibit `B', which are attached and incorporated by reference. The Owner is obligated to participate in funding future undergrounding improvements for their proportionate share of said undergrounding fronting their property. Furthermore, if the L.I.D./U.L.I.D. process is used to carry out the construction of this undergrounding, Owner waives the right to protest L.I.D. or U.L.I.D. formation for this undergrounding. Owner retains the right to contest the method of calculating assessments in such L.I.D. or U.L.I.D. and the amount thereof to be levied against the Owner's subject property, and other property owned by Owner which would be within such L.I.D. or U.L.I.D. This Agreement shall be recorded by the City Clerk with the King County Auditor as required by Chapter 35.91 RCW and the cost of said recording will be paid by the City. This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. APPLICANT: (-1-(�c,,�,�) ), (�WCce Applicant(s) (Signature) Date Sharon Nakata (206) 246-8975 Applicant(s) (Print Name) Phone 11600 — 39th Ave. South Seattle, WA 98168 Street Address City, State, Zip Page 1 of 2 EXHIBIT 'A' LEGAL DESCRIPTION OF PROPERTY LOT 1 TAX LOT # 734060-0221 THAT PORTION OF TRACT 11, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT NORTH 00'08'15" WEST 20.00 FEET FROM THE SOUTHEAST CORNER OF SAID TRACT 11; THENCE NORTH 00'08'15" WEST, ALONG THE EAST LINE OF SAID TRACT, 297.76 FEET; THENCE NORTH 88'20'34" WEST 49.81 FEET; THENCE SOUTH 72'42'44" WEST 7.92 FEET; THENCE SOUTH 51'13'51" WEST 8.80 FEET; THENCE SOUTH 19'53'41" WEST 40.88 FEET TO A POINT ON THE EAST LINE OF THE WEST 40 :FEET SAID TRACT 11;' THENCE SOUTH 00'29'45" EAST ON A LINE PARALLEL WITH AND 40 FEET EASTERLY FROM THE WEST LINE OF SAID TRACT 11, 252.72 FEET 1"0 THE NORTH LINE OF THE SOUTH 20.00 FEET OF SAID TRACT 11; THENCE SOUTH 89'51'45 EAST 75.22 FEET TO THE POINT OF BEGINNING. LOT 2 TAX LOT # 734060-0200 THE SOUTH 150 FEET OF TRACT 10, RIVERSIDE IN 1ERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 74, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT ANY PORTION THEREOF LYING WITHIN THE COUNTY ROAD. EXHIBIT 'B' DEPICTION OF UNDERGROUNDING AREA Lot Line per City of Tukwila BLA L04-018 N72'42'44"E— Found rebar 7'92 w/cop /(29187 N51'13'51 "E--.- •ebor 8.80' #29187eN 589'05'2"E 40.01 ;re le N88'20'34"W 49.81' r • /Existing." /House/ ' „ y11600% LOT - 77.53' N 89'51'42 (Tract 11) a Z 0 0 N (a cri 4.6 N co co 49.8' 1 W LOT 2 76.27' 93.05 S 89'51'45° E LOT 3 (LOT B City of Tukwilo BLA #L04-018 ) N 89'51'45" W 92.00'wn gu� Found rebor w/cop #29187 m^.�Paint 299.20 of the southeastfeet corner w Tract 11 0 0 0 Original east line Troct 11 ound rebor w/cap (Crones) #29187 - 1.29' east N 89'51'45" W 114.80' i 3 in o VD (Tract 10) 1 tn cv 29WO_ T 4 1 vi ai N L N 89'51'45" W 1 6.78' •78.02' 1 i t r 1 ; /'.. Existjrgi gorog 5.0 %/ _1 23.2' r-*' 29. 5' I / I . j •'Existing ;House LOT 5 -I' „20.00'�iwm 78.14' (2)w� w c:- a' o 0 0 z N 00'08'15" E rn rn of Z( \t", N 00'08'15" E \'c2 (..„<\ \OI (Tract 9) 10' VolVue Sewer �/ District easement Rec.i20011023000176 0 0 0 cur cut w curb cut South line Tract 10 per Plot existing fire hydrant Original southwest corner Tract 11 - calc. 323.64' mess. Original Southeast N89'51'45"W Basis of Bearing Tract 10 per Plot South line Tract 11 per Plat 14' Easement for roadway Rec. #3903394 90.00' So. 117th St corner o Storm Drain existing fire I hydrant 3)wv @ STATE OF WASHINGTON ) ss County of King On this day personally appeared before me �Ptfi V-PC-C.P\ to be known to be the individual O described in and who executed the within and foregoing instrument, and acknowledged that to/she/tly signed the same as /her/tlr free and voluntary act and deed, for the uses and purposes therein mentioned. {� Given under my hand and official seal this 6 a- N� day of -C ij ©F. 111kONN� CITY OF TUKWILA: cyty,s,aJ Signature67 n1 Print Name NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT My commission expi 11Z5/05 Work Director Date Page 2 of 2