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HomeMy WebLinkAbout1994 - Restrictive Covenant - King County - 9404131433W EXHIBIT D AFTER RECORDING, RETURN TO: Water Pollution Control Department Muncipality of Metropolitan Seattle Fxchange Building 821 Second Avenue Seattle, WA 98104 -1598 Attn: Judv Bevinaton RESTRICTIVE COVENANT kc� ms I CITY OF TUKW/LA 6200 SOUTHCENTER BLVD. TUKWIL4, WA 98188 Notice is hereby given that the property legally described in Exhibit C hereto (the Property) is subject to use restrictions and other obligations. These use restrictions and other obligations are described in the Project Contract entered into between the King County Department of Metropolitan Services (KCDMS) and City of Tukwila C M S (the Public Agency) entitled Project Number A71905 signed by the Public Agency on the <'O' day of Apri 1 1994 and by KCDMS on the day M of Apri 1 1994 and the application and supporting materials which are on file with the Public Agency and KCDMS in connection with the Project Contract. O� Pursuant to the Project Contract, the owner of the Property shall not make or permit to be made any use of the Property, or any part of it, which is inconsistent with the shoreline public use and recreation purposes and habitat conservation as described in the Project Contract, unless KCDMS, or its successor, consents to the inconsistent use, which consent shall be granted only upon conditions which will ensure that other lands and facilities of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the shoreline public use and recreation purposes for which KCDMS assistance from the Shoreline Improvement Fund was originally granted will be substituted in the manner provided for in the Project Contract. The restrictions and obligations described above shall run with the land and shall be binding on any and all persons who acquire an interest in the Property. DATED this, -day of April 1994 Ci tv of Tukwila Public Agency By: v L z) x1j, Its: 0 W N d O' d Q x m ca Q W 0 STATE OF WASHINGTON ss. COUNTY OF On this day of Li(. A'X' i 199 before me, the undersigned, a Notary Public in and for thO'State of Washington, duly commissioned and sworn, personally appeared "A,) 1,0, X�7 to me known to be the /1/f/�-qo2 of the e' OF Cku,1c the public agency that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Public Agency, for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed (if any) is the seal of said Public Agency. Cn CY") rY O WITNESS my hand and official seal hereto affixed the day and year in this certificate above written NPTARY PUBLIC in and for tFip State Washington, residing at My commission expires 9 1 7 1 7 f=E AS COMMISSIONED: S j EXHIBIT C FUGAL DESCRIPTION THE LAND REFERRED TO IN THIS WARRANTY DEED IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. 91 -9 -SS AS RECORDED UNDER RECORDING NO. 9208262819, RECORDS OF KING COUNTY, WASHINGTON. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED TRACTS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., THENCE EASTERLY ALONG THE NORTHERLY LINE THEREOF, 20 FEET; THENCE SOUTHERLY, P ARALL E L TO THE WESTERLY LINE OF THE SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 20 FEET; THENCE WESTERLY, PARALLEL TO THE NORTHERLY LINE OF THE SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, 20 FEET TO THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG SAID WESTERLY LINE, 20 FEET TO THE POINT OF BEGINNING; ALSO THE NORTHERLY 16 FEET OF THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.H., LYING EASTERLY OF THE MESS BROS. COUNTRY ROAD; E� PARCEL C: _M A NON EXCLUSIVE EASEMENT FOR VEHICULAR PASSAGE ONLY OVER AND ACROSS "Id AN UNSPECIFIED 30 FOOT WIDE PORTION OF THE WEST 60 FEET OF LOT 1 OF LOT LINE ADJUSTMENT NO. 88 -6 -BIA TUKWILA POND, RECORDED UNDER Q; RECORDING NO. 8906011033,. BEING A RE- RECORDING OF 8901240241, AS CONTAINED WITHIN INSTRUMENT RECORDED UNDER RECORDING NO. 8902211002. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. k