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
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Zl? and conduits, and for use by the public of public sidewalks over that property which
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O fronts public street right -of -way and which has been previously recorded as a utility
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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.
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==A WA 98186
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STATE OF WASHINGTON
SS.
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COUNTY OF KING NO 2
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9 1995
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Kirin, �-;OUNTy
RECORDER
CONVEYANCE OF EXISTING UTILITY EASEMENT d
FOR USE AS SIDEWALK AND TRAFFIC SIGNAL IMPROVEMENT EASEMENT
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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,
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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
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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
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By: NCe ��NL \z'aVL-
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CITY OF TUKWILA
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yo, John W. Rants
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Attest:
Clerk, Jane Cantu
Approved as to Form Only:
City Attorney
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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
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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
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SCALE.
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STA. 40 +94.83
BAKER BLVD. v
STA. 353 +00
ANDOVER PK.E. r-T
FD. M.I.C. 1 219 f
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STRANDER BOULEVARD
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15' UTILITY
Lj I EASEMENT
10' SEWER
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W I PARCEL N0.
o I i 022320 -0061 I
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30' I 27' RAILROAD
EASEMENT
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EXHIBIT 'B'
Sidewalk Easement Conveyance nle no E029
scale 1 -60'
dote 4/94
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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'