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HomeMy WebLinkAbout1995 - Conveyance of Existing Utility Easement for Sidewalk and Traffic Signal Improvement Easement - Wolverine Properties - 9511300507sufficiency of which is hereby acknowledged, Grantor hereby conveys and quitclaims to the City without warranties of title, non exclusive easements for the purpose of p. construction and maintenance of sidewalks; traffic signal equipment, structures, cables O Zl? and conduits, and for use by the public of public sidewalks over that property which O O fronts public street right -of -way and which has been previously recorded as a utility C� 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- S26- T23 -R04E, records of King County, Washington, more particularly described as parcel number 022320- 0061 -03. 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 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 N OT REOLORED Fong CO. Rewrds PivIsion 1 of 3 By j_i Lt Deputy CITY OF TUKtWLA 0700 SOUTHCENTER BLVD. p ==A WA 98186 0 STATE OF WASHINGTON SS. W COUNTY OF KING NO 2 n 9 1995 a Kirin, �-;OUNTy RECORDER CONVEYANCE OF EXISTING UTILITY EASEMENT d FOR USE AS SIDEWALK AND TRAFFIC SIGNAL IMPROVEMENT EASEMENT CM a 0 This conveyance of existing utility easement for use by the City of Tukwila as sidewalk and traffic signal improvement easement is made and given this BC t day ofS ol" 1995, Q by Wolverine Properties, a Washington General Partnership (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 p. construction and maintenance of sidewalks; traffic signal equipment, structures, cables O Zl? and conduits, and for use by the public of public sidewalks over that property which O O fronts public street right -of -way and which has been previously recorded as a utility C� 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- S26- T23 -R04E, records of King County, Washington, more particularly described as parcel number 022320- 0061 -03. 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 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 N OT REOLORED Fong CO. Rewrds PivIsion 1 of 3 By j_i Lt Deputy 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. Wolverine Properties, a Washington General Partnership Bar• �—I� By: NCe ��NL \z'aVL- a 0 CITY OF TUKWILA a yo, John W. Rants s� Attest: Clerk, Jane Cantu Approved as to Form Only: City Attorney ic29 2of3 O a a I certify that I know or have satisfactory evidence that L�.�fD� is the person who appeared before me, and said person acknowledged that he si ed this instrument, on oath stated that he wasp thorized to execute the instrument and acknowledged it as theme_ in/L of Wolverine Properties, a Washington General Partnership to be tf,6 free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: STATE OF COUNTY OF Y STATE OF COUNTY OF panz'& Nptp�� a public in Alvi-2 1y�.t.�7,r`�]s `expires .1I 9 7 1 1 d faAla/� Ond for the State of residing of f r 14-4- �My appointment I 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 Wolverine Properties, a Washington General Partnership 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 3of3 Uhl i 0 v4 11 v4 f I ^fi LA 1900 I 30' I f SCALE. INTERSECTION 1"==60' O STA. 40 +94.83 BAKER BLVD. v STA. 353 +00 ANDOVER PK.E. r-T FD. M.I.C. 1 219 f I L STRANDER BOULEVARD 0 I 7! T -t- I-- 15' UTILITY Lj I EASEMENT 10' SEWER Y EASEMENT I I 1 Q i f 1 I W I PARCEL N0. o I i 022320 -0061 I I Q I 30' I 27' RAILROAD EASEMENT T 4 C 41 zz 00 �w LDF=:� p c po EXHIBIT 'B' Sidewalk Easement Conveyance nle no E029 scale 1 -60' dote 4/94 '7' XYOW ALL M.EM BY TNZ62 rRZ6ZNT8, That PUarr WESTERN, INC., a corporation, being the owner of a majority of the acreage 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 5332848 and 5500900 on September 22, 1961 and November 1, 1962,• respectively, does hereby further &mind said Protective 'Covenants in-accordance with the provisions of Paragraph V thereof in the following particulars; PROVIDED, that the provisions of Paragraph 2 of this Declaration of Amend Xent Xo. 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- TYCTU7.Z coQrrROL CCKM ITTLb) shall be amended to read as follows, ror the period until 9070 of the acreage originally described and designated as ANDOVZR XX DUSTAXhL PARK shall be originally sold by the Developers, or'by the Successor or successors in intirest of any thereof, the A.C.C. shall be composed of seven (7) members, including (1) Charles O. 8aksr; (2) Chairman of the Planning Commission of Tukwila; (3) Robert C. Wirig; (4) Walls M. McCurdy; and (5) (6) and (7), three (3) webers nominated by Puget Western, Inc.,•fros the Exhibit A owners or resident management employees of industries owning or leasing plant facilities within the originally described acreage of ANDWER INDUdTRIJkL PARK. The written approval of any four (4) of the members of the A.C.C. shall constitute the approval of said Committee. Durinq 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- maining members are authorized to appoint a successor by instrument In writing flled.with the King County Auditor's office of the state of Washington. Neither the members of the Com- mittee nor its designated representatives shall ba entitled to any compensation for services performed pursuant to this covenant. 2. Paragraph III (aZXZAAL rAOVIM1C*$) shall Ye axenlrl as set forth below. 10 (1) In the subparagraphs under "BUILDING" the subparagraph denoted "(c)" shall be deleted and the following shall be substituted in lieu thereof, (c) Truck parking shall be as specified antler 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 So feet back of the front face of the remaining part of the building shall be considered to qualify under this roqulrernent, providing the length of said loading dock 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 thereof, (d) Land to be conveyed subject to IS- foot Utility easements on frontage streets and 27 -foot rail and utility eas"a nts at -2- (iii) In the subparagraphs under "BUILDING" the subparagraph denoted shall be amended by deleting the second and third sentence* thereof. (iv) In the subparagraphs under "BUILDING" the first major paragraph following subparagraph (L), cooasancing with the words "Any buildings erected in AADOYER INDUSTRIAL PARK shall be masonry construction" and ending with tho 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 thareols -3- tDCiT 1fESTERDi, I1tC. President Attests e Assistant secretary -4- 1' rear or side of property, together with ease- Any buildings erected in the area originally wants under, over and across a right of way designated as ANDOVER INDUSTRIAL PARK shall. con- 5 feet in width on each sdde of the common form in all respects to the building Code and boundary of any two tracts. Said 13 -foot lire Zone restrictions officially adopted for utility easements along frontage atreets 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 IIQDUSTRIAL PARK shall conform to the further remaining provisions of Paragraph III relating requirement that the exterior finish of front ;q to landscaping. All of the remaining portion walls and of side walls to a minimum depth•of of the site not covered by buildings and not 10 feet must be of architectural concrete. developed with paved parking areas shall be brick, architectural concrete masonry units, f landscaped and maintained by the "owner with stucco, terra cotta, architectural clay tiles. r the minimum requirement being that all such metal panels with factory baked -on enamel areas be covered with a ground cover planting finish or equivalent quality finish material*t Mich will prevent wind or water erosion of the re=ining portion of side walls and the rear the earth. Placement and maintenance of wall may be of plain concrete, plain concrete all utilities conditioned upon any entry masonry units, or any of the finishes previously for installation, replacement, or mainten- designated for front walls. All other types of aacet the entities furnishing the utilities finfah materials not covered in the above must shall restore the surface of .the ground sub- 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. LUCOT=D this. 9th day of september, 1966. (iii) In the subparagraphs under "BUILDING" the subparagraph denoted shall be amended by deleting the second and third sentence* thereof. (iv) In the subparagraphs under "BUILDING" the first major paragraph following subparagraph (L), cooasancing with the words "Any buildings erected in AADOYER INDUSTRIAL PARK shall be masonry construction" and ending with tho 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 thareols -3- tDCiT 1fESTERDi, I1tC. President Attests e Assistant secretary -4- 1'