HomeMy WebLinkAbout1995 - Conveyance of Existing Utility Easement for Sidewalk Easement - Binaf Investments / Valley Properties Partnership - 9511300500CITY OF TUKWILA CA
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STATE OF WASHINGTON
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COUNTY OF KING a
NOV 2 91995
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CONVEYANCE OF EXISTING UTILITY EASEMENT KING COUNTY a
RECORDER
FOR USE AS SIDEWALK EASEMENT
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This conveyance of existing utility easement for use by the City of Tukwila as sidewalk
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easement is made and given this,,2D day of April, 1995, by Valley Properties
Partnership, a Washington partnership composed of Newdale Corp., a Washington
Corporation, and FANA Corporation, a Washington corporation (GRANTOR), to and for the
benefit of the CITY OF TUKWILA, a Washington municipal corporation (the "City
FOR ONE DOLLAR 1.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor hereby conveys and quitclaims
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to the City without warranties of title, non exclusive easements for the purpose of
construction and maintenance and use by the public of public sidewalks over that
property which fronts public street right -of -way and which has been previously
recorded as a utility easement, attached hereto as Exhibits A and B and incorporated
herein by reference within the parcel known as that portion of the NE 1 /4- S35- T23 -RO4E,
records of King County, Washington, more particularly described as parcel number
352304 -9084. The rights and obligations set forth in Exhibit A shall remain in full force and
effect and shall not be affected in any manner by this agreement.
The right of the public to use the easement granted herein shall be subject to the
reasonable right of the Grantor to regulate or control any activities which may, in the Grantor's
reasonable discretion, present a threat of harm to persons or property, nuisance, annoyance,
disturbance, or breach of the peace on the adjoining property owned by the Grantor.
EX CISE TU N OrREQUIRE i D
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The terms and conditions of this Easement shall be binding upon and Inure to the
benefit of the City, Grantor, and their respective successors and assigns. The easement
conveyed herein is for the benefit of the public, and the burden of the easement conveyed
shall run with the title to the property, and be binding upon the Grantor and their successors
and assigns.
IN WITNESS WHEREOF, grantors have executed this instrument as of the day and year first
above written.
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Valley Properties Partnership, a Washington
partnership composed of Newdale Corp., a
Washington corporation, and FANA Corporation, a
Washington corporation
Michael W. Ch 8de, Vice President of Finance
By:
CITY OF OF TUKWILA
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I�I'ay John W. Rants
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rl Attest:
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C y Clerk, Jane Cantu
Approved as to Form Only:
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qty Attorney
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Michael W. Chase is the
person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Vice President of Finance of Valley Properties Partnership, a
Washington partnership composed of Newdale Corp., a Washington corporation, and
FANA Corporation, a Washington corporation to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: S- 7- 9_'�
Nota p lip in and for the State of
residing at
My appointment
expires
STATE OF WASHINGTON
COUNTY OF
Q
Q 1 certify that I know or have satisfactory evidence that FQu is
Q the person who appeared before me, and said person acknowledged that he signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the 9QA:b\9 kt< of Valley Properties Patnership, a
Washington partnership composed of Newdale Corp., a Washington corporation, and
FANA Corporation, a Washington corporation to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: 7 96
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Not ry u Iic in and for the State of
%�1 I residing at
In h--yy 1 My appointment
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PARCEL N0. a
352304 -9084
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1"=40' 30'
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15' UTILITY I W
EASEMENT
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180TH STREET INTERSECTION
SoUTH STA. 723 +42.20
S. 180TH ST.
STA. 301 +47.15
ANDOVER PARK EAST
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EXHIBIT 'B' 1
Sidewalk Easement Conveyance Me as E011
scale 1 —40
date 3/94
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XWOM ALL MEN BY THEdt PRZSENTSt
That PUGLT WESTERN, INC., a corporation, being the owner
of a majority of the icreage in Andover Industrial Park, -con-
sisting of all that property described by reference to conveyance
and recording data in those Protective Covenants bearing King
County Auditor's Pile Number 54"5644 and recorded on February
28, 1961, at Volume 4127, page J5"J, records of said County, and
as heretofore amended by instruments filed for record under King
County Auditor's File Numbers 5332848 and SS00900,on September
22, 1961 and November 1, 1962,•reepectively, does hereby further
emend said Protective'Covenants in accordance with the provisions
of Paragraph V thereof in the following partieularar PROVIDED,
that.the provisions of Paragraph 2 of this Declaration of Amend-
ment Xo. J shall not be applicable to that portion of the ori-
ginally described Andover Industrial Park acreage lying north
of the southerly boundary of Andover 'Industrial Park No. 4 as
presently platted-
1. The first full paragraph of Parigraph;II
TicruxAV cotrTRoL COMM2TTEE) shall be amended to read as followst
For the period until 90% of the acreage
originally described and designated as ANDOVER
MUST01AL PARK shall be originally'sold by the
Developers, or'by the Successor or Successors
in interest of any thereof, the A.C.C. shall be
composed of seven (7) members, including
(1) Charles O. Baked (2) Chairman of the planning
Commission of Tuk.rila7 (3) Robert C.'Wirigt (4)
Wells n, McCurdyt and (5), (6) and (7), three (3)
members nominated by Puget Western, Inc:, from the
Exhibit A
owners or resident management employees of
industries owning or leasing plant facilities
within the originally described acreage of
ANDOVER INDU3TRIAL PARR. The written approval
of any four (4) of the cambers of the A.C.C.
shall constitute the approval of said Committee.
During said period, in the event of the death or
refusal or incapacity to act of any of the
designated members of said Committee, the re-
staining members are authorized to appoint a
successor by instrument in writing filed.with
the King County Auditor's office of the state
of Washington. Neither the members of the Cos
mitts• nor its designated representatives shall
be entitled to any compensation for service•
performed pursuant to this cover•ant.
2. Paragraph III (GZX"ZAAL PAOVIaIOV$) shall We amended
as met forth bolowt
10 (1) In the subparagraphs vnder "BUILDING the
subparagraph denoted "(c)" shall be deleted and the
following shall be substituted in lieu thereof,
(c) Truck parking shall be as specified
under Chapter 4, Tukwila Zoning Ordinance,
side or rear yard loading only. A truck
loading dock'running parallel to a frontage
street but positioned at least 50 feet back
of the front face of the remaining part
of the building shall be considered to Qualify
under thin requirement, providing the length
of said loading dodo does not exceed 75% of
the total frontage width of the building.
(ii) In the subparagra phs under BUILDING" the
subparagraph denoted "(d)' shall be deleted and the
following shall be substituted in lieu thereoft
(d) Land to be conveyed subject to 15-
foot utility easements on frontage streets
and 27 -foot rail and utility easements at
-2-
rear or side of property, together with ease-
wants under, over and across a right of way
S feet in width on each add• of the common
boundary of any two tracts. Said 15 -foot
utility easements along frontage streets
shall be landscaped by the Developers and
waintained by owner in a manner approved
by the i.C.C. in accordance with the
remaining provisions of Paragraph III relating
the minimum requirement being that all such
areas be covered with a ground cover planting
which will prevent wind or water erosion of
the earth, Placement and maintenance of
all utilities conditioned upon any entry
for installation, replacement, or mainten-
ance/ the entities furnishing the utilities
shall restore the surface of.the ground sub-
stantially to its original condition with
reasonable expediency. All utility service
lines, whether part of the primary service
connections to the building or secondary
ear to other buildings and appurten-
ances shall be entirely underground.
(iii) In the subparagraphs u -ceder "BUMDING" the
:subparagraph denoted "(f)" shall be amended by deleting
the second and third sentences thereof.
(iv) In the subparagraphs under "BUILDING' the
first major paragraph following subparagraph (f),
=ommencing with the words "Any buildings erected in
ANDOVER INDUSTRIAL PARK shall be masonry construction"
and ending Witt, the words must first be sub-
mitted to and have the written approval of the
A.C.C." shall be amended by deleting the aforesaid
paragraph in its entirety and substituting the'follow-
ing in lieu thereofs
Any buildings erected in the area originally
designated as ANDOVER INDUSTRIAL pARX shall. con-
form in all respects to the auilding Code and
Fire Zone restrictions officially adopted for
the City of Tukwila by the Council thereof.
In addition thereto, all buildings erected
in the area originally designated as ANDOVER
INDUSTRIAL PARK shall conform to the further
requirement that the exterior finish of front
walls and of side walls to a m'.nimuin depth. of
10 feet must be of architectural concrete,
brick, architectural concrete masonry units,
stucco, terra cotta, architectural clay tiles,
metal panels with factory baked -on enamel
finish or equivalent quality finish materislst
the remaining portion of side walls and the rear
wall may be of plain concrete, plain concrete
masonry units, or any of the finishes previously
designated for front walls. All other types of
finish materials not covered in the above must
first be submitted to and have the written ap
proval of the A.C.C. In no event will wood
siding, plywood or plain or corrugated sheet
metal or other materials of similar appearance
qualities be permitted.
RXZCUTZD this 9th day of September, 1966.
rVarT WESTZPX, INC.
Attestl
�t.J plc l t lM�lif
Assistant secretary
By
President