HomeMy WebLinkAbout1995 - Conveyance of Existing Utility Easement for Sidewalk Easement - RREEF West-V Andover Distribution Center - 9511300506µ•1
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STATE OF WASHINGTON CITY OF m.
6200 SOUTHCENTER BL VV COUNTY OF KING TUKWIL46 WA 98188
CONVEYANCE OF EXISTING UTILITY EASEMENT
NOV 2
FOR USE AS SIDEWALK EASEMENT 9 1995
KING COUNTY
RECORDER
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 r day of Apm 1995, by RREEF West -V Andover
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Distribution Center, Inc., a Delaware 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
d 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 NW1 /4- S25- TO4 -R04E,
records of King County, Washington, more particularly described as parcel number
022330 -0010. 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.
ExcisE TAX NOT REQUIRED
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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.
RREEF West -V Andover Distribution Center, Inc., a
Delaware Corporation
B y:
By:
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CITY OF TUKWILA
ay r John W. Rants
Attest:
?tyClerk, Jane Cantu
Approved as to Form Only:
City Attorney
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STATE OF W &JA I It i A
COUNTY OF
I certify that I know or have satisfactory evidence that /46AC 50 i40i� is
the person who appeared before me, and said person acknowledged that.he signed
this instrument, on oath stated thatshe was authorized to execute the instrument and
acknowledged it as the of RREEF West -V Andover Distribution
Center, Inc., a Delaware Corporation to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
Notc3ffy .public in and "'for the State of
b 9 f"1421� I residing at
/foll� My appointment
Y expires
STATE OF
COUNTY OF
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he signed
O this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the of RREEF West -V Andover Distribution
0 Center, Inc., a Delaware Corporation to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
In
Notary public in and' for the State of
residing at
My appointment
expires
3of3
)WOW ALL MZN BY THZSE PRESENTS#
That PUaLT WESTERN, INC., a corporation, being the owner
of a majority of the kcrsage 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 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 5332848 and 5500900 on September
22, 1961 tend November 1, 1962,•respectively, does hereby further
amind said Protective'Covenants in•accordance with the provision
of Paragraph V thereof in the following particularsr PROVIDED,
that-the provisions of Paragraph 2 of this Declaration of Amend
Xent 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;ll
T1CSU7.AIi COWTROL COMMITTEE) shall be amended to read as follows#
ror the period until 9O}C of the acreage
'originally described and designated as Ai0=R
INDUSTAIAL PARK shall be originally sold by the
Developers, or'by the successor or Successors
in interest of any thereof, the A.C.C. shall ba
coaposad of seven (7) members, including
(1) Charles O. Baked (2) chairman of the Planning
Caaeission of Tukvilat (3) Robert C. Wlsig) (4)
Wells Y. McCurdy# 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 INDUaTR UAL PNRK. The written approval
of any four (4) of the members of the A.C.C.
shall constitute the approval of said Caw ittee.
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-
waining 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 Cam- 1•
mittee nor its designated representatives shall
be entitled to any compensation for services
performed pursuant to this covenant.
2. raragraph III (aZXTAAL rROVZoloos) shall )►e axord d
as not forth belowo
10 (1) In the subparagraphs under "BUILDINO" the
subparagraph denoted '(c)" shall be deleted and the
following shall be substituted in lieu thereofa
(c) Truck parking shall be as specified
under Chapter 4, Tukwila Zoning ordinance,
side or roar 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 this requirement, providing the length
of said loading dock doss not exceed 75% of
the total frontage width of the building.
(ii) In the ■ubparagra phs under 'BUILDING" the
subparagraph denoted "(d)" shall be deleted and the
following shall be substituted in lieu thersofi
(d) Laced to be conveyed subject to 1S-
foot utility •ass=ent■ on frontage streets
aAd 27 -foot tail and utility easements at
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rear or side of propertX, together with ease-
wants under, over and across a right of way
9 feet in width on each sdde of the common
boundary of any two tracts. $aid 15
utility eassments.along frontage streets
shall be landscaped by the Developers and
maintained by owner in a manner approved
by the.A.C.C. in accordance with the
remaining provisions of Paragraph III relating
;x to landscaping. All of the. remaining portion
of the site not covered by buildings and not
developed with paved parking areas shall be
landscaped and maintained by the "owner with
the minimum requirement being that all such
areas be covered with a ground cover planting
Mich will prevent wind or water erosion of
the earth. Placement and maintenance of
all utilities conditioned upon any entry
for installation, replacement, or mainten-
ancer the entities furnishing the utilitiea
shall restore the surface of.the ground sub-
stantially to its original condition with
..'reasonable expediency. All utility service
lines.-whether part of the primary service
oonnectione to the building or secondary
services to other buildings and appurten-
ances shall be entirely underground.
(iii) In the subparagraphs u -Mor "BUILDING" the
:subparagraph denoted "(f)" shall be amended by deleting
the second and third sentences thereof.
(iv) In the subparagraphs under "BUILDING" the
.first major paragraph following subparagraph (Y),
commencing with the words "Any buildings eree in
AZMK=R INDUSTRIAL PARK shall be masonry construction"
and ending with the words must first be sub-
mitted to and have the written approval of the
A.C.C." shall be amended by deleting the Aforesaid
paragraph in its entirety and substituting the follow-
ing is lieu thereof$
-3-
Any buildings erected in the area originally
designated as ANDOVER INDUSTRIAL PARK shall. con-
form in all respects to the building Code and
lire Zone restrictions officially adopted for
the City of Tukwila by the Council thereof.
In addition thereto. all.buildinge 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 minimum 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 materialet
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 type• of
finfah 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.
=CMD this. 9th day of September, 1966.
Attests s
Assistant secretary
PV =T INESTERDt, 2NC.
�y
President
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A. 46 +99.66
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STRANDER BLVD.
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15' UTILITY 2 TELE.
EASEMENT EASEMENT 10' SEWER
I EASEMENT
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1
30' UTILITY
EASEMENT
27' RAILROAD
EASEMENT
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PARCEL N0.
022330- 0010
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SCALE:
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EXHIBIT 'B' l 1
g Sidewalk Easement Conveyance
a• Y I sco,e 7 =700'
Idole 12/94/