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HomeMy WebLinkAbout1995 - Conveyance of Existing Utility Easement for Sidewalk Easement - Tri-Land Corporation - 9511300501 MY OF Tuk'W/L4 w 0 00SOUTHCEI 71fi BLVD, 4 7VKWILA, WA 98186 g a 1++ STATE OF WASHINGTON SS. COUNTY OF KING WrT WED NOV 2 91995 KINu COUNTY RECORDER m CONVEYANCE OF EXISTING UTILITY EASEMENT 0 M FOR USE AS SIDEWALK EASEMENT 0 This conveyance of existing utility easement for use by the City of Tukwila as sidewalk easement is made and given this 'day of Apr4l, 1995, by Tri -Land Corporation, a a Washington Corporation, formerly known as Triad Broadcasting 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 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 NE1/4- S35- T23 -R04E, records of King County, Washington, more particularly described as parcel number 352304 -9069. 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. EXC18: NOT ►ct�i cse,. ROM 0tvtQ�� 1 of 3 J l/dAIM�, 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. Tri -Land Corporation, a Washington Corporation, formerly known as Triad Broadcasting Corporation Y. On Ja c J. Link, Pr6sident M CITY OF TUKWILA xis Ma r John W. Rants O ri Attest: ity Clerk, Jane Cantu Approved as to Form Only: it Attorne Y Y /C 12 2 of 3 STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Jack J. Link 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 President of Tri nd Corporation, formerly known as Triad Broadcasting Corporation to be the fre a d voluntary act of such party for the uses and purposes mentioned in the instrume t. Dated: :7 x 'C public in rd for the State 'cif �J\ residing ai My appointment expires v4 STATE OF Q Q COUNTY OF C'7 v4 V 1 certify that I know or have satisfactory evidence that 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 of Tri -Land Corporation, formerly known as Triad Broadcasting Corporation to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary public in and for the State of residing at My appointment expires 3 of 3 I I I I I I I I I I 4; I I I 30' I PARCEL N0. O i l 352304 -9069 0 I i SCALE: I 1"=50' I I (aw Q i I I I 15' UTILITY I EASEMENT Q I I I 27' RAILROAD EASEMENT I 27' Lei I INTERSECTION STA. 723 +42.20 I S. 180TH ST. I I STA. 301 +47.15 I ANDOVER PK. E. I P.T. STA. 725 +78.43 FD. AW C. 1 514 P.C. STA. 726 +55.32 FD. M. I. C. 1 515 'J �U EXHIBIT 'B' 2 Sidewalk Easement Conve Re no E012 7 ►see/. 1 _50' 1 dote 4194 lam/ 5ly i:- X OW ALL KEN BY THEdt PRESENTS, That PUGET WESTERN, INC., . 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 rile Number 5256443 and recorded on rebruary 28, 1961, at Volume 4127, page 353, records of said County, and as heretofore amended by instruments filed for record under King County Auditor's rile Numbers 5332846 and S500900 on September 22, 1961 and November 1, 1962,•reepectively, does hereby further aaind said Protective'Covenants in with the provisions of Paragraph V thereof in the following particularst PROVIDED, that the provisions of Paragraph 2 of this,Declaration of Amend sent Yo. 3 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 Paragraph;II,(ARCHI- TICrUXAL COdT ROL CCKKITTL6) shall be amended to read as followsf ' ror the period until 90% of the acreage 'originally described and designated at ANDOVER MUST1UAL PARK shall be originally sold by the Develop-ire, or'by the Successor or Successors in Lntirest of any thereof, the A.C.C. shall be composed of seven (7) members, including (1) Charles O. Bakert (2) Chairman of the planning commission of Tukwilat (3) Robert C. Wirigt (4) (fells S. McCurdyf and (5). (6) and (7), three (3) swabars noa►inated by Puget Western, Inc.,. from the rExhibit A owners or resident management employees of industries owning or leasing plant facilities within the originally described acreage of ANDOVER INDU3TRL L PM,. The written approval of any four (4) of the members 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- faaining members are authorized to appoint a successor by instrument in writing tiled.with the King County Auditor's office of the state of Washington. Neither the members of the Coo ■ittas nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. 2. Paragraph III (GZXZ AAL PA0VISI04fl) shall }e axenA#A as set forth below, 10 (1) In the subparagraphs under "BUILDINO" the subparagraph denoted "(c)" shall be deleted and the following shall b4 substituted in lieu thereofr (c) Truck parking shall be as specified wider 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 taco of the remaining part of the building shall be considered to qualify under this roquirwnent, providing the length of said loading dock does not exceed 75% of the total frontage width of the building. (11) In the subparagra ph% under 'BUILDING" the subparagraph denoted "(d)" shall be deleted and the following shall be substituted in lieu therooti (d) Land to be conveyed subject to 15- foot utility easements on frontage streets s.n4 27 -foot rail and utility easements at -2- rear or vide of propertX, together with ease- Any buildings erected in the area originally w nta wider, over and across a right of way designated as ANDOVER INDUSTRIAL pmw shall con- feet in width on each sdda of the common form in all respect- to the Building Code and boundary of any two tracts. Said 15 -Loot lire Zone restrictions officially adopted for utility •&moment@ along frontage streets the City of Tukwila by the Council thereof. shall be landscaped by the Developers and In addition thereto, all buildings erected maintained by owner in a manner approved in the area originally designated as ANDOVER by the A.C.C. in accordance with the INDUSTRIAL PARK shall conform to the further remaining provisions of Paragraph III relating requirement that the exterior finish of front the minimum requirement being that all such metal panels with factory baked -on enamel uses be covered with a ground cover planting finish or equivalent quality finish materialmr which will prevent wind or water erosion of the remaining portion of side walls and the rear the earth. Placement and maintenance of wall way be of plain concrete, plain concrete all utilities conditioned upon any entry masonry units, or any of the previously for installation, replacement, or mainten- ll All designated for front walls. L1 other types of ante► the entities furnishing the utilities finfah materials not covered in the above must shall restore the surface of.the ground s`ub- first be submitted to and have the written AP- stantially to its original condition with proval of the A.C.C. In no event will wood reasonable expediency. All utility service siding, plywood or plain or corrugated sheet lines, whether part of the primary service metal or other materials of similar appearance connections to the building or secondary qualities be permitted. services to other buildings and appurten- ances shall be entirely underground. 17C=COTID this 9th day of September, 1966. (iii) In the subparagraphs u -ceder "BUILD II7G" the .subparagraph denoted "(f)" shall be amended by deleting the second and third sentences thereof. F=T Wz6TERN,IXC. (iv) In the subparagraphs under "BUILDING' the first major paragraph following subparagraph (f), By commencing with the words "Any buildings erected in prwsldeat A22DOVER INDUSTRIAL PARK shall be masonry construction" and ending with the words must first be sub- Attests mitted to and have the written approval of the A.C.C.' shall ba amended by deleting the aforesaid paragraph in its entirety and substituting the follow- iag 1A lieu thereofs Assistant secretary -4-