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HomeMy WebLinkAbout1995 - Conveyance of Existing Utility Easement for Sidewalk Easement - RREEF West-V Andover Distribution Center - 9511300506µ•1 IJS CS 1 O 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 M A` easement is made and given this r day of Apm 1995, by RREEF West -V Andover �C� 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 Mnp 00. now ids 01vislan' Byd-I� 1 of 3 I DOPUV 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: 0 ll� C? C7 CITY OF TUKWILA ay r John W. Rants Attest: ?tyClerk, Jane Cantu Approved as to Form Only: City Attorney /C28 2of3 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 ffM 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 -d- m 4. J A y P. C. A. 46 +99.66 -Jj STRANDER BLVD. 0 QTJ 15' UTILITY 2 TELE. EASEMENT EASEMENT 10' SEWER I EASEMENT I 1 30' UTILITY EASEMENT 27' RAILROAD EASEMENT V� PARCEL N0. 022330- 0010 if V SCALE: n EXHIBIT 'B' l 1 g Sidewalk Easement Conveyance a• Y I sco,e 7 =700' Idole 12/94/