HomeMy WebLinkAbout2019 - Statutory Warranty Deed - Tukwila Village Development Associates, LLC / City of Tukwila - 2019082800126320190828001263.001
Instrument Number: 20190828001263 Document:WD Rec: $109.50 Page -1
Record Date:8/28/2019 2:45 PM
King County, WA
Filed for Record at Request of and
copy returned to:
Karr Tuttle Campbell, P.S.
Attn: Kathryn A. Robinson, Esq.
701 Fifth Avenue, Suite 3300
Seattle, WA 98104
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20190828001263
WARRANTY DEED
812812019 2:45 PM
KING COUNTY, WA
Rec: $109.50
a
E3007329
EXCISE TAX AFFIDAVITS
8128/2019 2:45 PM KING COUNTY, WA
Tax Amount:$10.00
Grantor: City of Tukwila
Grantee: Tukwila Village Development Associates, LLC
Legal Description (abbreviated): Parcels A & B, City of Tukwila Lot Consolidation No. L13-
021, Recorded Under King County Recording No.
20150428900001
[Full Legal Description on Exhibit A attached hereto.]
Assessor's Tax Parcel Number(s): 152304-9242-01; and 152304-9322-04.
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STATUTORY WARRANTY DEED
GRANTOR, City of Tukwila, a municipal corporation operating under the laws of the state
of Washington as a non -charter code city, for and in consideration of Ten Dollars ($10.00), and
other good and valuable consideration, in hand paid, conveys and warrants to GRANTEE, Tukwila
Village Development Associates, LLC, a Washington limited liability company, the following
described real property, situated in the County of King, State of Washington:
See Exhibit A (Legal Description of the Real Property) attached hereto and incorporated
herein by this reference.
1. The Property is conveyed subject to the Permitted Exceptions set forth on Exhibit
"B" attached hereto and incorporated herein by this reference, the Disposition and Development
Agreement (the "DDA") approved by the Tukwila City Council on October 22, 2012 and entered
into by and between Grantor and Grantee dated as of October 30, 2012, that certain Development
Agreement for the Tukwila Village Redevelopment Project (the "Development Agreement")
approved by the Tukwila City Council on December 10, 2012 pursuant to Ordinance No. 2391
and entered into by and between Grantor and Grantee dated as of December 21, 2012, and the
Conditions, Covenants and Restrictions recorded heretofore.
2. The Grantor shall have the right, at its option, to reenter and take possession of the
Property, with all improvements thereon, and revest in the Grantor the estate conveyed to the
Grantee with respect to the Property, if the DDA is terminated pursuant to Section 9.4 of the DDA
prior to the time Grantee is entitled to issuance of an Estoppel Certificate of Completion. Such
Instrument Number: 20190828001263 Document:WD Rec: $16§9.§:01age2�
Record Date:8/28/2019 2:45 PM King County, WA
right to reenter, repossess and revest shall be subordinate and subject to and be limited by and shall
not defeat, render invalid, or limit:
a. Any mortgage, deed of trust or other security instrument permitted by the
DDA;
b. Any rights or interest provided in the DDA for the protection of the holder
of such mortgages, deeds of trust or other security instruments.
3. In the event there is a conflict between the provisions of this Statutory Warranty
Deed and the DDA, it is the intent of the Parties hereto and their successors in interest that the
DDA shall control.
IN WITNESS WHEREOF, the Grantor has executed this Statutory Warranty Deed
effective on this2Zeid day of August. 2019.
GRANTOR:
City of Tukwila, a municipal corporation
B
Allan Ekberg,
or a(Z211
Instrument Number: 20190828001263 Document:WD Rec: $16§9.§e`tage23
Record Date:8/28/2019 2:45 PM King County, WA
STATE OF WASHINGTON
COUNTY OF KING
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) ss.
I HEREBY CERTIFY that on this ZAtrilay of August, 2019, before me, the undersigned, a notary
public in and for the State of Washington, duly commissioned and sworn, personally appeared
ALLAN EKBERG, to me known to be the MAYOR of the CITY OF TUKWILA, a Washington non -charter
optional municipal code city, the municipal code city that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act of said municipal code city, for the uses and
purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument on
behalf of said municipal code city.
WITNESS MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written.
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Instrument Number: 20190828001263 Document:WD Rec: $16§9.ge`lage24
Record Date:8/28/2019 2:45 PM King County, WA
Exhibit A
To
Statutory Warranty Deed
Legal Description of the Real Property
PARCELS A AND B OF CITY OF TUKWILA LOT CONSOLIDATION NO. L13-021,
ACCORDING TO THAT LOT CONSOLIDATION RECORDED UNDER RECORDING NO.
20150428900001, IN KING COUNTY, WASHINGTON.
Instrument Number: 20190828001263 Document:WD Rec: $16§9.§e`tage2
Record Date:8/28/2019 2:45 PM King County, WA
Exhibit B
To Statutory Warranty Deed
Permitted Exceptions
1. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized
under RCW 35.58 and King County Code 28.84.050. Said charges could apply for any
property that connected to the King County Sewer Service area on or after February 1,
1990.
2. Agreement executed by and between the parties herein named upon the conditions therein
provided.
Between: John A. Dean, et ux, and King County
Dated: February 03, 1953
Recorded: February 11, 1953
Recording Information: 4314485 Providing as Follows:
Consent to the natural flow of surface water from the plat of Cherry Lane to be carried in
its natural channel across the subject property and to hold King County blameless for any
damage that may be caused by said drainage flow.
3. Easement, including terms and provisions contained therein:
Recording Information: January 8, 1958 as Recording No. 4863932
In Favor of: Val Vue Sewer District
For: A gravity sanitary sewer line or lines
Affects: Parcel A
4. Easement, including terms and provisions contained therein:
Recording Information: January 8, 1958 as Recording No. 4863933
In Favor of: Val Vue Sewer District
For: A gravity sanitary sewer line or lines
Affects: Parcel A
5. Conditions, notes, easements, provisions and/or encroachments contained or delineated on
the face of the Survey recorded under Recording No. 8001239002.
6. Right of Entry Agreement and the terms and conditions thereof:
Between: TCI Cablevision of Washington, Inc.,
And: Leo Malfait
Recording Information: July 1, 1988 as Recording No. 8807010903
7. Agreement and the terms and conditions thereof:
Between: Val Vue Sewer District
And: Thomas M. and Barbara L. Whitley
Recording Information: September 26, 1988 as Recording No. 8809260958
Instrument Number: 20190828001263 Document:WD Rec: $16§9.§:01Ageo i
Record Date:8/28/2019 2:45 PM King County, WA
8. Easement, including terms and provisions contained therein:
Recording Information: March 21, 1994 as Recording No. 9403212327
For: Gas line
(Affects Parcel B)
9. The terms and provisions contained in the document entitled "Memorandum of Disposition
and Development Agreement"
Recorded: February 12, 2013
Recording No.: 20130212001612
Document re-recorded December 30, 2013 as Recording No. 20131230000989 of Official
Records.
10. The terms and provisions contained in the document entitled "Memorandum of
Development Agreement"
Recorded: February 12, 2013
Recording No.: 20130212001613
Document re-recorded December 30, 2013 as Recording No. 20131230000990 of Official
Records.
11. The terms and provisions contained in the document entitled "Valley View Sewer District
Developer Extension Agreement" recorded December 5, 2013 as Recording No.
20131205001010 of Official Records.
12. Easement, including terms and provisions contained therein:
Recording Information: February 20, 2014 as Recording No. 20140220000560
In Favor of: Normandy Court Holdings, a Washington limited liability
company
For: Temporary access
Affects: Parcels A and B
13. Easement, including terms and provisions contained therein:
Recording Information: February 20, 2014 as Recording No. 20140220000561
In Favor of: Samara Hubner Inc., a Washington corporation
For: Temporary access
Affects: Parcels A and B
14. Easement, including terms and provisions contained therein:
Recording Information: May 5, 2014 as Recording No. 20140505000803
In Favor of: Valley View Sewer District, a Washington special purpose
district
For: Temporary access
Affects: Parcels A and B
Instrument Number: 20190828001263 Document:WD Rec: $16§9§6`4g7
Record Date:8/28/2019 2:45 PM King County, WA
•
15. Easement, including terms and provisions contained therein:
Recording Information: May 5, 2014 as Recording No. 20140505000804
In Favor of: Water District 125, a Washington special purpose district
For: Temporary access
Affects: Parcels A and B
16. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained
and/or delineated on the face of the City of Tukwila Lot Consolidation No. L13-021
recorded under Recorders No. 20150428900001, in King County, Washington.
17. The terms and provisions contained in the document entitled "Declaration of Access and
Shared Parking Easements" recorded May 20, 2015 as 20150520001082 of Official
Records.
18. Easement, including terms and provisions contained therein:
Recording Date: June 23, 2016
Recording Information: 20160623000470
In Favor of: The City of Seattle, a Washington municipal corporation,
acting by and through it's City Light Department
For: Underground electric distribution facilities
Affects: Parcel A
19. The terms and provisions contained in the document entitled "Declaration of Covenants,
Conditions, Restrictions and Easements for Tukwila Village" recorded July 21, 2017 as
Recording No. 20170721000106 of Official Records.
20. Any facts, rights, interests or claims that may exist or arise by reason of the following
matters disclosed by an ALTA/NSPS survey made by Barghausen on July 16, 2019, last
revised July 22, 2019, designated 15255:
(A) Parking on adjoining property extends across the northeastern boundary line of
Parcel A.
(B) Sign extends past the southwesterly boundary line of subject property. Ownership
of sign unknown.
(C) Proposed building in footprint over easement.
(D) Proposed building footprint over 41st Avenue South vacation.
(E) Building under construction onto easements.
(F) Water vault located north of building under construction is not wholly contained
within an easement.
(G) Parking areas are under construction.
21. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal
property and rights of tenants, and secured parties to remove trade fixtures at the expiration
of the term.