HomeMy WebLinkAbout1991 - Sidewalk and Traffic Signal Improvement Easement - Gibson Company - 9109270298STATE OF WASHINGTON
SS.
COUNTY OF KING
CITY OF TUKWILA
6200 SOUTHCENTER BLvLX
TUKW/LA, WA 98188
SIDEWALK AND TRAFFIC SIGNAL IMPROVEMENT EASEMENT
This Sidewalk and Traff Signal Improvement Easement
is made and given this 6 ay of �U� 1991,
by Gibson Company, a Washington general partnership
(GRANTOR) to and for the benefit of the CITY OF TUKWILA, a
Washington municipal corporation (the "City
FOR FOUR THOUSAND SIX HUNDRED SIXTY DOLLARS ($4,660.00)
and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor hereby
conveys and quitclaims to the City, without warranties of
cc title, non exclusive easements for the purpose of
O construction and maintenance of traffic signal equipment,
i`- structures, cable and conduit and construction, maintenance
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and use by the public of public sidewalks over that property
more particularly described on Exhibit A attached hereto and
as follows:
A strip of land situated in the City of Tukwila, State
of Washington in that portion of the Northeast quarter
of the Northeast quarter of Section 26, Township 23
North, Range 4 East and being that portion of the
existing Gibson Company parcel and more particularly
described as follows:
Commencing at the Northwest corner of the Northeast
aj quarter of the Northeast quarter of said Section 26,
said corner also being on the centerline of Andover
en
Park West; thence, along the centerline of Andover Park
West, S 01 °06 W 124.37 feet to a point; thence,
departing the centerline of Andover Park West,
S 88 °53 E 30.00 feet to a point on the southerly
ri rrht of mav l i na of Anrinvar Park W ARt: thence along
said southerly right -of -way line, S 88 °24 E 4.21
feet to THE POINT OF BEGINNING OF THIS DESCRIPTION:
a Thence, from said point of beginning, departing the
southerly right -of -way line of Andover Park West,
w S 88 °24 E 6.00 feet to a point; thence,
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S 01 °'06'12" W 140.21 feet to a point; thence,
S 66 °50 E 3.55 feet to a point; thence,
S 01 °06 W 19.59 feet to a point; thence,
N 88 °53 W 1.80 feet to a point; thence, S 01 °06
W 37.93 feet to a point; thence, N 88 °53 W 6.20
feet to a point; thence, S 01 °06 W 55.83 feet to a
point; thence, along a circular arc of 19.64 feet
deflecting to the left having a radius of 43.50 feet
and being subtended by a chord bearing S 11 °50 E
19.48 feet to a point; thence, S 88 °53 E 20.02 feet
to a point; thence, S 01 °35 W 20.01 feet to a
point; thence, along a circular arc of 19.70 feet
deflecting to the left having a radius of 43.50 feet
and being subtended by a chord bearing S 75 °32 E
19.54 feet to a point; thence, S 01 °28 W 1.91 feet
to a point on the northerly right -of -way line of Baker
Boulevard; thence, along a circular arc of 77.25 feet
deflecting to the right having a radius of 50.00 feet
and being subtended by a chord bearing N 43 °09 W
69.79 feet to a point on the easterly right -of -way line
of Andover Park West; thence, N 01 °06 E 111.35 feet
to a point; thence, departing the easterly right -of -way
line, along a circular arc of 4.62 feet deflecting to
the right having a radius of 4.00 feet and being
subtended by a chord bearing N 75 °34 E 4.36 feet to
a point; thence, N 01 06 1 12" E 137.85 feet to THE POINT
OF BEGINNING OF THIS DESCRIPTION.
Contained within said bounds of dedicated sidewalk
easement .05347 acres, to be the same more or less, and
subject to all legal highways and easements of record.
and incorporated herein by reference (the "Sidewalk and
Traffic Signal Improvement Easement which is a portion of
that property known as "Fatigue Technology Inc." as shown on
Exhibit B attached hereto and incorporated herein by
reference.
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 Fatigue
Technology, Inc. property owned by the Grantor.
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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 burden of
the easement conveyed shall run with the title to the Gibson
Company's property which is leased to Fatigue Technology
Inc., and be binding upon the Grantor and their successors
and assigns. This easement does not include at this time
the right of the City to place a bus shelter on the
thickened concrete pad referenced on Exhibit B. The City
shall seek written approval from the Grantor for the bus
shelter. The Grantor has first right of refusal should this
easement be vacated. The City will not allow third party
advertisement within the easement area, including on or
within any bus shelter that may be approved.
IN WITNESS WHEREOF, grantors have executed this
instrument as of the day and year first above written.
GIBSON COM Y, a Wash; gton
genefl Zne-,S� p
B
e Partner
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By: ZI -3.
Bruce
CIT T WIA/
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D ay6 CT3'ary L Van Dusen
Attest:
C y Clerk, Jane Cantu
Approved as to Form Only:
Tpuw 4'"',
City AttornV
on, Partner
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I4945L
DECLARATION OF AMENDMENT NO. 6
PKOTECTIVF COVENANTS
ANDOVER INDUSTRIAL PARK
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THIS DECLARATION of Amendment No. 6 to the Protective
Covenants of ANDOVER INDUSTRIAL PARK is made this 6th day
of °x cmlr_r 1985. by the undersigned, the owners of
a ma or Ly of CFe acrea6e in ANDOVER INDUSTRIAL PARK.
BACKGROUND
1. PUCET WESTERN. INC., a corporation, owned and
developed contain property known as ANDOVER INDUSTRIAL PARK
(the 'Property The Property consisted of all that
property conveyed by Warranty Deed and by Deed and Assign-
ment of Real Eatate Contracts dated Ma,y 17, 1960. as filed
and recorded undor King County Auditor s File Nos. 5163318,
5163319 and 5210219, and apppearing at p ages 40 and 42 of
Volume 4041, and page 528 of Volume 4086. records cf Kii.g
County Auditor.
2. lc, connection with the development of the Prop-
erty. PUCET WESTERN, INC.. executed and declared "Protective
Covenants Andover Industrial Park Those covenants are
dated Februsry 2, 196I and are recorded under King County
Auditor's File No. 5256443 and are referred to here as the
"Original Covenants The Original Covenants were sub-
sequently amended as followst
Declaration of Amendment Protective
Covenants Andover Industrial Park dated
September 21, 1961, recorded
September 22 1961, under King County
Auditor's Fi {e No. 53328481
Declaration of Amendment No. 2 Protective
Covenants Andover Industrial Park dated
October 31, 1962, recorded Nnvember 1,
1962 undor King County Auditor's the
No. 55009001
Declaration of Amendment No. 3 Protective
Covenants Andover .industrial Park dated
September 9, 1966, recordvd Februsry 10,
1967 unL;er King County Auditor's File
No. 6138154,
Declaration of Amendment No. 4 Ptotective
Covenants Andover Industrial Park dated
February 17, 1967, recorded February 24,
11TLt Pnvised 3/4/15
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1967 under King County Auditor's File
No. 61430221
Declaration of Amendment No. S Protective
Covenants Andover Industrial Paia dated
May 22, 1967, recorded May 24, 1967 -ender
King County Auditor's. File No. 61b0358.
3. Sine• the time that the Original Covenants and the
amendments were recorded, siggnificant changes have taken
place which make portions of ttie covenants inapproptiate for
Q the Property. Those changes, including changes in the
O character of the urea and significant revisions in zoning and
other land use restrictions have rendered portions of the
!'3 Original Covenants, as amended, unnecessary and inapprop-
riate.
m 4. The undersigned, being the owners of a majority of
the acreage of the Property, wish to modify portions of the
original Covenants, as amended.
NOW, THEREFORE, BASED ON THE FOREGOING, TILE UNDERSIGNED
HEREBY AiIEND THE ORIGINAL COTENANTS, AS AMENDED, AS FOLLOWSc
All covenants, conditions and restrictions set forth in
Paragraph I of the Original Covenants, as that paragraph has
been amended, are hereby deleted and declared to be of no
rurrhar force or effect.
IL
A. F.xcep. as otherwise provided in subparagrHph B
below, all covenants, conditions and ,.astrictions contatned
4n Paragraph It of the Original Covenants, as that paragraph
has been Amended, or* hereby deleted and declared to be of no
further force or effect.
B. As to any building, construction or structure
compl«ted on the Property prior to the effective date of this
amendment. or to any plan 4pproval or other Hction Pertaining
to the Property and taken prior to the effective date of this
amendment, the following provision sat fatth on cage 3 of the
Original Covenants under Paragraph 11, is not modified by
this instritmenti
"In th, event the Committee or its
deli µµnod rapt oswant..tive fails to +ipprave
or disapprove within thirty days alter x
location plan std plans and xpecifica-
tions for a building have been submitted
VrLo Revised 3/4/83
aN.•
The terms "Committee" and "A.C.C." shall mean the
Architectural Control Committee, as established in the
Original Covunanta, as amended.
C. ThA following covenant is hereby addedt
If no suit to enjoin any cuttstrue-
tion not in compliance with any
covenant Affecting the Prouerty an
been instituted within tirlcty days
of the commencement of such cnn-
struction. the related covenant,
even though not compliotel with. shall
be decmeel to have beett fully
complied with.
i NTLt Rtvised 3/4/85
'1.
to it, or in any event, if no suit to
enjoin the construction had been corr-
munced prior to the completion thereof,
approval will not be required and the
related covenants shall be deemed to have
been fully complied with.
PROVIDED, however, that t,e A.C.C.
and /or its successors or assig„s shall
not be liable and damages to rnyone so
01
submitting plans for approval or to any
owner or owners of land covered by this
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instrument by reason of mistake in
judgment, negligence, or nonfeasance of
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itself. its agents, or employees. nrising
out of or in connection with the approval
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or disapproval. or failure to appcuve any
such plans. likewise anyone so suhtnitt _ng
to
plans to the A.C.C.. for approval. by the
submitting of such plans and any owner by
so acquiring title to any of the property
covered thereby. agrees that he or it
will not bring any action or suit to
recover for any such damages against the
A.C.C. in the event the A.C.C. falls to
Approve or disapprove in writ'ng such
design and location within thirty days
after said plans and specifications hiva
been submitted to it. this covenants will
be deemed to have been duly complied
with."
The terms "Committee" and "A.C.C." shall mean the
Architectural Control Committee, as established in the
Original Covunanta, as amended.
C. ThA following covenant is hereby addedt
If no suit to enjoin any cuttstrue-
tion not in compliance with any
covenant Affecting the Prouerty an
been instituted within tirlcty days
of the commencement of such cnn-
struction. the related covenant,
even though not compliotel with. shall
be decmeel to have beett fully
complied with.
i NTLt Rtvised 3/4/85
'1.
III
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A. The covenants. conditions and restrictions set
forth in suhparagra ha a. and b.. under the term "BUILDINC"
under Paragraph III, as amended, are not modifie by LET
instrument. The following subparaFtraph, pimply restate
subparagraph III a. and III b., as originally established and
as subsequently amendedi
1. As sat forth in the Original Covenants,
subparagraphs III a. and III b. read as followst
"a. Setbacks shall be a
minimum of 60 feet on
front and 15 feet on side
yards.
b. A maximum of 50% of total
gro-and area can be covered
by buildings."
2. The Declaration of Amendment Protective
Covenants Ando4er Industrial Park dated
September 21, 1961 and recorded September 22, 1961
under King County Auditor's File No. 5332848
emended subpara raph III b. of the Original
Covenants as followat
"b. A maximum of 60% of t o tal
ground cover can be
covered by buildings."
That Declaration of Amendment al -to
provided in Paragraph Vo
provided, however. that
the restrictions, conditions
and covenants contained in
subparagraphs a. and b., of
Paragraph 1.1I heronf. as
rmendad hereby. shall not be
further sub�act to any right t,r
power of a teration. amendment
of extension what►+oovvr sub-
sequent to the date hernut.
Via more lapse of time shalt
not atfect or alter the orpli-
cation of this section."
3. Declaration of Amo ndmont No. 4 Protective
Covenants An -2over Industrial Park dated
WTLs Revised 3/4/85 4
February 11, 1961 and recorded F bruary 24, 1967
under Kina County Auditor's File No. 6143012. was
executed by Abbott Laboratories and provides in
parts
WB EREAS, the present owners of all
p roperties within the aforesaid Andover
Industrial Park acreage do individunlly
and collectively desire to join in
further amending subparagrapphs a. ui the
aforesaid Paragraph III. POT WESTFA
INC.. and U 6 S INVESTMENT COMPANY.
do hereby amend said Protective Covenants
in accordance with the provis.un& of
Para graPPh V thereof in he following
particulars,
Sub parngraph a. under "BUILDING" of
Paragraph III (GENERAL PROVISIONS, &hall
be amended by deleting the present
language of the aforesaid aubparAgraph a.
rind substituting the following in lieu
thersoft
(a) Setbackn shall conform to the
requirements of Tukwila toning Ordinnnco
No. 251. as amended. Chapter 4, Srction
4 12, untitled "D:atrict C -11 tn&tatrial
Park and in n a cr t on tHir.tu iZl lt r`
=@,A be required a 25 -foot notback on
aide ynrdi and /or rear yards. Nxrept
where a greater setback as reyui.ed for
railroad easement purposetit rROVIDED.
that the provisions of thin Amendment
No. 4 &hail not be applirable to that
portion of the originally dercribod
Andover Industrial Park acreage lying
WMI Revised 3/4/$5
�wwe �r.rr...nrw
"THAT, WHERFAS. by inattument
executed on the 21st day of September,
1961. and recorded in Volume •194, page
399, of Deeds, rt of King Co•inty.
Washington. PUGET WESTERN, 111C.. amended
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Protective Covenants applicable to
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Andover Induntrial Park a:reag* by
p
providing in part that subparagraphs a.
p
and b. of Paragraph III thereof, as
amended thereby. shall not be further
l'9
subject to any right or power of alters
O
tion. amendment or extension whatsoever
subscluent to the date thersoft and
WB EREAS, the present owners of all
p roperties within the aforesaid Andover
Industrial Park acreage do individunlly
and collectively desire to join in
further amending subparagrapphs a. ui the
aforesaid Paragraph III. POT WESTFA
INC.. and U 6 S INVESTMENT COMPANY.
do hereby amend said Protective Covenants
in accordance with the provis.un& of
Para graPPh V thereof in he following
particulars,
Sub parngraph a. under "BUILDING" of
Paragraph III (GENERAL PROVISIONS, &hall
be amended by deleting the present
language of the aforesaid aubparAgraph a.
rind substituting the following in lieu
thersoft
(a) Setbackn shall conform to the
requirements of Tukwila toning Ordinnnco
No. 251. as amended. Chapter 4, Srction
4 12, untitled "D:atrict C -11 tn&tatrial
Park and in n a cr t on tHir.tu iZl lt r`
=@,A be required a 25 -foot notback on
aide ynrdi and /or rear yards. Nxrept
where a greater setback as reyui.ed for
railroad easement purposetit rROVIDED.
that the provisions of thin Amendment
No. 4 &hail not be applirable to that
portion of the originally dercribod
Andover Industrial Park acreage lying
WMI Revised 3/4/$5
�wwe �r.rr...nrw
north of the southerly boundary of
Andover Industrial Park No. 4 as pres-
ently platted."
0. Exchpt as provided in subparagraph A above,
all covenants, conditions and restrictions set forth under
Paragraph III of the Original Covenants as amended, are
hereby deleted and declared to be of no further force and
effect.
"Each condition anA covenant in the P
WESTERN, INC., ANDOVER INDUSTRIAL ri %RK
shall terminate and be of no further
effect on Janur.ry 1. 2010. provided that
at any time the owners of a majot ity of
the acreage in ANDOVER INDUSTRIAL PARK
may by written declaration signed and
acknowledged by theist, and recorded in t'ie
Deed of Records of King County, Wash-
ington, alter, amend or extend such
raatrictiona. conditions and covenants
and this right to so alter, amend or
extend shR11 exist a ths long as the then
owners of a majority of e aeroapo is
said ANDOVER INDVti'rRIAL PARK dr9irat
provided. however. that the roetrictivne,
conditions and covenstits contains-,I in
subparagraphs A and 8 of Para III
hereof, as amended hereby. snarl nor to
further subject to any right or puwrr of
alteration, smendmont car extensi •n
whatsoever subsequent to the mate hereof.
The more lapse of tines shall not affvec
or alte the application of his section.
Invalidation of any of the foreroinR
prutective eovenantE not effect tho
WT1.t Rovised 3/4/85
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IV
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O
All covenants.
conditions and restrictions set
forth
O
under Paragraph IV of the Original Covenants as that
para-
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raph was amended are
hereby deleted and declared to be
of no
further force and effect.
O
V
The covenant.-q.
conditions and restrictions set
forth
under Paragraph V of
the Original Covenants, as amended, are
not modified by this
instrument. Paragraph V, as amended,
is set torth is
the Declaration of Amendment
uated
September 21, 1961. and road& as followsc
"Each condition anA covenant in the P
WESTERN, INC., ANDOVER INDUSTRIAL ri %RK
shall terminate and be of no further
effect on Janur.ry 1. 2010. provided that
at any time the owners of a majot ity of
the acreage in ANDOVER INDUSTRIAL PARK
may by written declaration signed and
acknowledged by theist, and recorded in t'ie
Deed of Records of King County, Wash-
ington, alter, amend or extend such
raatrictiona. conditions and covenants
and this right to so alter, amend or
extend shR11 exist a ths long as the then
owners of a majority of e aeroapo is
said ANDOVER INDVti'rRIAL PARK dr9irat
provided. however. that the roetrictivne,
conditions and covenstits contains-,I in
subparagraphs A and 8 of Para III
hereof, as amended hereby. snarl nor to
further subject to any right or puwrr of
alteration, smendmont car extensi •n
whatsoever subsequent to the mate hereof.
The more lapse of tines shall not affvec
or alte the application of his section.
Invalidation of any of the foreroinR
prutective eovenantE not effect tho
WT1.t Rovised 3/4/85
%F
I have read and approve the Declaration of neon- k
Nu. 6 Protective Covenants Andover Industrial Park narKei
'WTL 3/4/85 This s1 page may be attached to ttte
original of that in %trunent, and my signature below %haL1
constitute my executicn of that orlginal, toe all 3f the
4crealn owned by us in Andover Industrial Park.
DATED this day of L�
Ouf.0 :�N- WASNI`ic�TC�ti R,1ILRn� ti
NAV IUATION ('04P4NY And UNION
PACIFIC RAILROAD CO29PANY
By its Vice ('renl(ient
N
O STATE 06 NEBRASKA
GV
CO) ss.
Q COUNTY or Douglas
GD On this �Q_ day of 19&-_, before m-i,
the undersigned, a Notary Pu09i- in an3 for the State of
Ne:.raska duly commissioned and sworn, Vereonally appeared
_n& navtdson to me known to be the atC,%--ZM &1dC Of
OREGON WASHINGTON RA I L ROAD i, NAVIGATION CO in t t4ZC�`9 P•['iP
RAILROAD COM PANY the corporations that execute•1 the fore
instrument, and acknowled.le.1 the said lnatruoent to he the
tree anJ voluntary act and dead of said eorpiratione for tho
uses and purposes therein mentioned, and on )ath stated th +t
ho is authorized to execute the aaLd instrument and that
the sealsaffixef arethe corporate sea :sal %4W corporations
Atneas my hand and official seal hereto aftixe-i tho day
and year firm above written.
0 i A sae M ptp C i
a. MOiD011r
Mo.a is a� K ws NOTARY l L n w oC Lhe� Cate Of
Nebraska residinj at
STATC OF WASHINGTON
ss.
COUNTY OF
On this day of 194 before m -i,
the undersign a Notary Puoi N in and !or said State.
"rsonally appeared c to me known
to be tho :entcal Yirtne Vie
IITL i Revimed 3/4/05 jr S
ANDOVER ADUSTRIAL. P K NO. 2 71-68
SECTION 23925 IB 26, 23N, R4E.Wk
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