HomeMy WebLinkAboutRes 1021 - Accept a Donation of Certain Real Property on Interurban Avenue SouthCITY OF TUKWILA
WASHINGTON
RESOLUTION NO. 1021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ACCEPTING THE DONATION OF CERTAIN REAL
PROPERTY TO THE CITY BY D, T C PARTNERSHIP AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT, RELEASE
AND COVENANT WITH RESPECT TO SAID DONATION
WHEREAS, D, T C is the owner of approximately 3 7 acres of
real property located on Interurban Avenue South opposite S 143rd
Street, and,
WHEREAS, D, T C has offered to donate approximately 2 acres
of property at the site to the City of Tukwila, and
WHEREAS, the City of Tukwila has expressed concern regarding
liability for slides, slippage and sloughage on the 2 acres if the
donation is accepted, and
WHEREAS, in order to alleviate the City's concerns and to
induce the City to accept the donation, D, T C has offered to
bind itself and all subsequent owners of the remaining 1 7 acres
to indemnify, defend and hold harmless the City of Tukwila against
certain soil movements on the property, and
WHEREAS, the City's Park and Open Space Plan designates the 2
acre site as potential open space and the City Council therefore
deems it desirable to accept the donation under the conditions
noted with the understanding that the donated property may remain
as open space or be used for any other purpose the City deems
appropriate, now, therefore
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY
RESOLVE AS FOLLOWS
Section 1 Acceptance of Donation Subject to the execution
of the documents specified in Section 2 below and any additional
documents necessary to convey clear and marketable title to the
City, the City Council hereby accepts the donation of
approximately 2 acres of real property to the City of Tukwila by
DT &C Partnership The legal description of the real property to
be donated is attached hereto as Exhibit A and incorporated herein
by this reference as if fully set forth
Section 2 Authorization to Execute Documents The Mayor is
hereby authorized to execute on behalf of the City the agreement
attached hereto as Exhibit B, the Release attached hereto as
Exhibit C and the covenant attached hereto as Exhibit D, all of
which are incorporated herein by this reference as if fully set
forth
PASSED BY THEJ CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, this 3rd day of November 1986.
ATTEST /AUTHENTICATED:
CITY CL RK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE /OF THE CITY NEY
FILED WITH THE CI CLERK /3 S
PASSED BY THE CITY COUNCIL —.3° P6
PPROVED:
JQ n. DUFFIE, COUNCIL- PRESIDENT
EXHIBIT A
TRACTS 4,5,6 AND 7, BLOCK 15, HILLMAN'S SEATTLE GARDEN
TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
11 OF PLATS, PAGE 24, IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTHEASTERLY 40 FEET THEREOF CONDEMNED BY
KING COUNTY FOR ROAD PURPOSES (INTERURBAN AVENUE) IN
KING COUNTY SUPERIOR COURT CAUSE NUMBER 109001; AND
EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON
IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 704726.
Location and Vicinity
Interurban Avenue South Site
FILED for Record at Kequm ui
Addrewd
RECREATIONAL TRAIL CASEMENT
THIS AGREEMENT is enterei between
Q Jj
(ht•r to as the referred e
G rantor
the CITY or TUKWILA, a Washington optional municipal code
(hereinafter referred to as "the Grantee").
WHEREAS, Grantor owns or has an interest in certain real
Cy property (hereinafter referred to as "the Property located
in the City of Tukwila, Washington, more particularly
described on Exhibit 'A attached hereto and incorporated herein by
:"this reference, and
WHEREAS, Granf. is in the process of developing a pub-
lic recreational trail system within Grantee's corporate limits,
and
WHEREAS, Grantor has agreed to grant an easement to
Grantee to develop the easement as an outdoor recreational trail
for public use and Grantee has agreed to utilize the Property for
such use according to certain terms and conditions, now, there
fore,
•IN CONSIDERATION of' the mutual benefits and and 'condi--:"'
tions hereinafter contained, Grantor hereby conveys and grants to_`
Grantee, its successors and assigns, k ierpetual t nonexclusive
easement ("the Easement") across, along, in and upon that portion
of the Property shown on Exhibit attached hereto and incorpor-
ated herein by this reference, subject to the following terms and
conditions, by which Grantee agrees to be bound:
1. Use of the Property. Grantee's use of the Easement
shall be for the purpose of landscaping, developing and maintain-
ing the Easement recreational trail purposes and of
installing, maintainLag and providing for public use of recrea-
-tional trail facilities thereon.• The use of the recreation trail
will:bc1restricted to pedestrian, equestrian and bicycle use.
.Camping, campfires, the use of firearms and any other activities
:that would 0e inconsistent with the safe use of the Easement by
the•public will be prohibited. "In addition to the restrictions
,on use provided herein, Grantee shall have the power to promul-
.gate-and enforce such other rules and regulations for use of the
trail by the public as it may deem fit and proper to promote safe
and equitable use.
2. Construction and Maintenance. The design of the
public recreation trail shall be in the sole discretion of the
Grantee, provided that the design and landscapinn of the trail
,shall be consistent and in harmony with the Griaicor's improve
ments and landscaping on the rest of the Property. Grantee
.agrees to make reasonable attempts in designing the public recre-
ational trail to accommodate any plans for development by Grantor
.on prop;erty adjacent to the trail. All design, engineering and
construction c oats incurred in completing the trail shall be at-
.the sole coat and expense of the Grantee. Grantee shall be
responsible for all maintenance and maintenance costs incurred
.with respect to the trail. Neither the existence of the Ease-
ment, the construction of'the trail, nor the use of the trail
shall in any manner adversely affect the Grantor's use of the
•*Propert� or result in the elimination or reduction of current•or
potpntial parking stalls, driveways or other such uses or
FXCISE TAX NOT f
TR0000057A
improvements. Curing construction of the trail, Grantee may use
the additional ten (it)) foot wide space de�:ignated on hibit B
as "construction =asement for trail," for the pole pu e of
constructing the trail. Once construction of the trail has com-
menced, such construction shall be conti•iued in a diligent manner
until com;).letion, at which time tic additional ten (10) feet for
the cons tructior .:!a.ement ,hall t-erminat.e. During trail c-)n-
struction GranteF shall keep the contruction area in an orderly
and neat condition. Subsequent to construction of the trail
Grantee shall li %-2wise maintain the trail in a neat and clean
condition.
3. Ti:%; of Construction. Both parties understand
and agree that ciini er iohit,h ie Grantee will develop the
recreational trail is unknown at present because of the necessity
to acquire additional right- of-wlty and the _funding, necessary to
construct the tr. :l, but B wrill in nc •ent be sooner 1 '•a.t four (4)
years from the c,: A hez Grantor and Grantee `tat
Grantor may, ;:itr. the prior :•mitten consent of the Grantee, make
temporary improv -m nts to the Easement pending construction of
the trail. Gran :ec shall have sole discretion in deteE ninS
whether or not approve any improvements in the Easf.....;nt which
would interfere >:ith or be inconsistAnt with Grantee's use of the
Easement for a r!%reational trail. Tn the event that improve
ments are made o;i the Easement'with Grantee's consent, Grantee
shall bear the cc: of removal of such improvements at the time
of trail construction. Grantee shall not be responsible, how-
ever, for paying the cost of relocating or reinstalling such
improvements, or for paying the costs of installing such impr.omp
Monts incurred by the Grantor, or for paying the cost of cel,la�•.!:
inq said improve•�ents. Grantee's approval of landscaping or
other develonmenz by the Grantor in the easement area shall not
constitute a waiver of (,rantee's rights under this easement to
construct and vnaintain the recreational trail, nor shall any
delay in construction of such trail constitute an abandonment or
release of the right to develop such trail by the Grantee.
4. Indemnity. Grantee shall indemnify, defend and
hold harmless tt:e Grantor from and against any and all claims,
losses or =7i -ity, or any portion thereof, arising from inaury
or death to per!.ons or damage to property occasioned by a negli-
gent act, omission or failure of the Grantee, its officers,
agents and enmlcyees, in constructing and maintaining the recrea•-
tional trail.
5. 5t:ccessors. This Agreement shall be recorded with
the King County T uditcr and shall consr.itutP an Pasemer.t and
servitude running with the land, inuring to the benefit of the
parties hereto, their heirs, executors, administrators, succes-
sors and assigns.
Executed by the Grantor on ��j.•. 198
Execut =d by the Grantee on -s 199,
GRANTEE% GRANTOR:
BY A
GAbt� -L.-VAN DC,Ec.N, MAYOR T-i tle (;.t'
TR0000457A -2-
ATTEST/AUTHENTICATED:
ZRX4F,RSON, CITY CLERK
APPROVED AS TO FORM:
OFFICE )OF THE CITY ATTOR 'F.Y
�J/ �i��' c i7
STATE OF WASHINGTON
N ss.
COUNTY.OF KING
N I certify that I know or have satisfactory evidence that
Gary L. /an Dusen and Maxine Anderson signed this instrument, on
oath stated that they were authorized to execute the insrtrurnent
and acknowledged it as the Mayor and City Clerk of THE CITY OF
TUKWILA to be the free and voluntary act of such party for the
,uses.and:. mentioned in the instrument.
Dated
Signatu e o NpT Y PUBLIC
Titl
My appointme t expires_. P7ZT__
STATE OF- WASHINGTON
ss.
COUNTY OF KING j
I ce tify that I know or have satisfactory evidence
that y �f�tu signed this instrument, on oat's
state that <<"Zaf�e authorized to execute this
instrument and acknowledged to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
0 bf d
gnat re of NO AR MLtyC
tle r:....+L
My ap ointmen expires
TROOOOO57A -3-
EXHIBIT A
:EGAL DESCRIPTIONS
DOTAL PARCELt
tracts 4,5, 6 and 7, ::Jock 15 of Hillman's Seattle Carden
tracts, as per plat rccorded in Volume 11 of Plate, on Page
24, Records of King County, EXCEPT the northeasterly 40 feet,
thereof,. condemned by King County for road purposed Inow
iinown as Interurban Avenue) in Xing County Suoerior Coutt
:Ruse No: 1090011 situate in the Town of Tukwila, County of
King, "State of Washin.ton.
LESS the following by Condemnation No. 704726 to th• State of
Washington t
ALL'that portion of the above described Tracts lying easterly
of a lino described as follower Beginning at a point opposite
N r Highway Engineer's Station P.O.T. 95 +81.69 Ahead Equals P r.r.•
95 +28.46 Back and a distance of 40 feet westerly, whor "-ax —i red
at'right angles, from center line of SR 181, South Corporate
Limits of Tukwila to 7a6ter Interchange; thence northerly parallel
with said center line to the North line of Tract 7 and the -nd
of this line description.
SUBJECT TO an easement for driveway purposes over the southerly
5 feet of the easterly 315 feet of Lot 4, EXCEPT the northerly
40 feet, thereof, as disclosed by Deed recorded April 17, 1950,.,
under Auditor's File No. 4006073, reference to which record is
made:.for further particulars.
LOT A
That portion of Tracts 4 and 5, Block 15 of Hillmans's Seattle
Garden Tracts as recorded in Volume 11 of Plats, page 24, re-
cords of King county, Washington more particularly described
as follows:
.COMMENCING at the southwesterly corner of said Tract 4; thence
North 68 East along the southeasterly line thereof,
136:34 feet TO THE POINT OF BEGINNING) thence North 06.19'04"
West, 207.33 feet; thence Borth 68.35 East, 195.00 feet to
the westerly margin of Interurban Avenue (S.R. 181); thence
South 21 je'_at along said margin,. 47.00 feet; thence
North 68 East, 10.00 feet; thence South 21 *24'54' East,
still on the west road margin, 351.17 feett thence South 68'35'
06" West along the said South -line of Tract 4, 259.00 feet to
the POINT OF BEGINNING.
Subject to a driveway easement over the southerly 5 feet there
of as contained in a Deed record ^d April 17, 1950, under Auditor's.
File °No. 4006073.
Subject to'a common driveway easement over a portion of the
northerly.29 foot thereof morn particularly described as follows:.
_BEGINNING at the northeasterly corner of Lot A; thence South
.21 *54" East along the road mergin, 29.0 feet; thence South
68 West, 130.0 feet; thence North 21 °:4'54" Kest, 19.69
�feett thence along a curve to the left having a radius of 7.50
feet, through a central anglq_of 67.38'09" an arc distance of
8.85 fee:;'thence North 89.03 West, 6.15 foot to the north
erly line of Lot Al thence North 69.35 Rest along said,
,.:northerly line, 140.43 feet to th POINT OF BEGINNING.
SUBJECT TO an easement for sanitary sewer facilites over
the;Northeasterly 10 feet of said Lot A as recorded.under
.Auditor's File No. 6097193..'•
EXHIrlIT•• "A" (Conti.nued,
LOT B
That portion of Tracts 4, 5, 6 and 7, Block 15, of )illlman's
Seattle Garden Tract:, as recorded in Volume 11 of Plats, on
Page 24, Records of King County, Washington, more particularly
described as follows:
BEGINNING at the Southwesterly corner of said Tract 4; thence
North 21 West along the Westerly 1 thereof, 01
feet; thence along the Southeasterly margin of 59th Pla,:e South,
alo;jg a curvo to, the left, the center of which bears North
71 °54'19" West, having a radius of 65 feet, through a central.
angle of 17 28 1 10 an arc distance 19.82 feet; thence North
00 37'31" East, sti11 on the road margin, 60,10 feet. *o thQ
Northerly line of said Tract 7; thence North 68 °35'06" Fast,
along snid ':race line, 157.69 feet; thence South 21 °24 East,
225.51 foot; thence South 06 9 19 1 04" East, 207.33 feet to the
Southerly 1.1ne of Tract 4; thence South 68°35'OF West along said
Southerly line, 136.34 feet to the POI OF BEGINNING.
SUBJECT TO a driveway easement over the Southerly 5 feet of the
F.itsterly 16 feet thereof, as recorded under Auditor's File No.
4006073.
LOT C
N' That portion of Tracts 6 and 7, Block 15, of t;illmn;i S St-dtt.le,
CV Garden Tracts, ac recorded in Volume 11 of Plats, on Page 24,.
Records of King County, Washington.
EXCEPT the Northeasterly 40 feet thereof, and LESS an a-u- ional
10 feet along the Northeasterly line thereof, and particularly
described as follows:
Commencing at the Northwesterly corner of said Tract 7; thenc« =.'F
North 68 °35'06" cast, along the Northerly line thereof, 157.69
feet to the POINT Or BEGINNING; thence continuing North 68 0 35 1 ,06"
East, 195.00 feet to the Westerly margin of Interurban Avenue.
South (S.R. 181); L•hence South 21 0 24 1 54" East along said margin,
225.51 feet; thence South 68 °35'06" West, 195.00 feet; thence
North 24'54" West, 225.51 feet to the POINT OF BEGINNING.
TOGETHER WITH a common driveway easement described as follows:
BECINNING at the Southeasterly corner of Lot C; thence South
21 0 24 1 54" East along the road margin, 29.0 feet; thence South
68 0 35 1 06" West, 130.0 feet; thence North 21 0 24 1 54" West, 19.69
feet; thence along a curve to the left, having a radius of 7.50
feet, through a central angle of 67 °38'09 an arc distance of
8.85 feet! thence North 89 0 03'03" Wert, 6.25 feet to the North-
arly line of Lot A; thence North 68 35'06" East along said
Northerly line, 140.43 feet- to the POINT OF BEGINNING.
SUBJECT TO a temporary construction easement for a pedestrian
trail uver that portion of the lot described as follows:
BEGINNING at the Northwesterly corner of Lot C; thence North
68 East, along the Northerly line thereof, 195.00 feet;
,thence South 21 24'54" East, along the road margin, 20.00 feet;
thence South 68 °35'06" West, 105.00 feet: thence South 28 °46',46
West, 117.15 feet to the Westerly lot line; thence North 7l °2d'S4"
west along.said Westerly line, 95.00 feet to the PO1wr OF BEGIN=
NING.
SUBJECT TO a permanent trail easement Over the fallowing descr,;
bed parcel:
BEGINNING at the Northwesterly corner of Lot C; thence North
68 0 .35 1 06" Cast, along the Northerly line thereof, 195.00 feat;
thence•5olith- 21 East along the road margin, 10.00 feet;
"thence South 68 0 35 0 06" West, 105.00 feet; thence South 25 0 13 1 18"
West, 123.79 feet to the Westerly lot lin3; thence North
21 0 24 1 54" West along said- Westerly line, 95.00 feet to the
POINT OF BEGINNING.
FILED for Record at Request of
tSUdle�$, 0 1 1 R r,.. {.r t. 4r�i 1 1.2
RECD
rOVENANT CASHEI..
This Covenant ("Covenant") is made as of the day
of 1986, by and between D. T. C. F�artner-
shi�, a Was ington general partnership "Partnership and the
City of Tukwila, a municipal corporation "City with respect
N to the following facts:
A. The Partnership has on the date hereof contributed
:v to the City by statutory warranty deed that certain parcel of
cV unimproved land, situated in the City of Tukwila, County of King,
_Gta of Washington, more particularly described as follows (the
"Donated Property
as per Exhibit "A" attached hereto and incorporated
herein by this reference.
B. The Partnership is the owner of a certain other
parcel of land contiguous to the-Donated Property, also situated'
in the -City of Tukwila, County of State of Washington, more
particularly described as follows (the "Retained Property ")s
as Exhibit "B" attached�liereto and incorporated,
herein by this reference.
C. Pursuant to that certain Agreement dated �tl
_1986, the Partnership ani. City agreed that upon andlas a
condition to the contrtbut.ion of the Donated Property to the
City, the Partnership would a covenant whereby the City would be
indemnified, defended and held harmless against certain
liabilities which may arise as a result of certain lateral
movements of the soil of the Donated Property.
NOW, THEREFORE, in consideration of the mutual covenants
and conditions therein and herein contained, the parties hereby
agree:.to the following:
1. The Partnership hereby covenants that the City
shall 'be indemnified, defended and held harmless from and against
all expenses,.damages, costs, losses, liabilities, Judgments,
settlements, and attorneys' fees th..t may at any time be incurred
or imposed by reason of any claims, actions, suits or proceedings
made, brought or threatened by any party against the City for
damages or injuries arising out of the sliding, sloughing,
shifting or other natural lateral movement of the soil of the
CDH000085C -1-
Donated Property (the "Soil Movement provided, that the
following conditions are met:
a. the Soil Movement is not attributable to flood,
earthquake, tornado, hurricane or other catastrophic act
or God;
b. the Soil Movement is not attributable to the
negligence oZ the City for failure to correct condit3or_
not existing on the Donated Property on the date here
which the City knew or reasonably should nave known
OJ would cause the Soil Movement;
to
N -c. the Soil Movement is not attributable to any
n;..::; modification or alteration in the lay or terrain of the
Donated Property created by or at the direction of the
N City;
CO d. the Soil Movement is not attributable to any
activity engaged in by or on behalf of the City on or
adjacent to the Donated Property.
3. This Covenant shall :terminate upon the commencement
of any improvement to the Donated including without
limitation, any installation, erection or construction of any
equipment, building, structure or'.other attachments on or to the
Donated Property.
4. This Covenant shall not be personal to the
Partnership, but rather shr.11 be duly recorded solely as a
covenant that runs with, and shall bind the successors in
interest to, the Retaiiied Property.
5. This Covenant shall be governed by r ,4 construed
under -the laws of the State of Washington.
5. "f any term of this Covenant or the application
thereof to any person or circumstance shall, to any extent, be
invalid or unenforceable,' the remainder of this Covenant, or the
application of such term to persons or circumstances other than
chose as to which it is held invalid or unenforceable, shall not
be affected thereby and each tern of this Covenant shall be valid
and shall be enforced to the fullest extent permitted by law.
CDH000085C
s
1
i
7. Nothing in this Covenant shall be construed r3.,
connected with or collateral to any agreement relating to the
construction, alteration or.improvement of any real property with
the meaning cf RCW 4.24.115.
S. if either party hereto shall,.be forced to bring
litigation to enforce any of this Agreement,' the';:
prevailinq.party shall be: entitled to recover from the other
party reasonable expenses'i curred in such liti.gation,, '.including
reasonable .attorneys' fees..:
IN WITNESS WHEREOF, the parties have execute d.thts;'
Covenant date first. "above written.
n) D. T. b C. Partnership.
N; a Washington general artneishi
p P
He fb 6- r eB er, Gendral Par:tnerr•:._._-.;,r
City of Tukwila,
a municipal coroor Lion
B e
y'
ar an Dusen, Mayor
6DH000095C "3'
STATE op WASHINGTON)
ss:
COUNTY OP KING
On this day oi.,,. 1986, before me
personally cameo deraseta dS4 'thatmhekiswthewGeneralnPartnee o f.
duly.&Worn, di P general partnership. the
T.- C. Partnership! a Washington g
partnersh jgedasaidCinstrument toebeotheofree and
instrumen
voluntary act- such partnershi:p`for. the uses and. purposes
therein mentioned.
a State
:.C.V k4t a ry
Pu�Iic in and forth
residin
CV of Washington, g My
at:
iasion ex
exp w••yr
Comm
COUNTY Op KING
1986
On<t day'o£ wht+,..being .by;;tRe 1.
.
'i+�_:'dCDH000085C?
EXHIBIT "A"
D014ATED PROPERM
13 0f Short Plat No. 86-62-SS, City of Tukwila, recorded
,under King .County. Audi tor'3 File No. 8612101050
and particularly, described as that portion- .of- Tracta 4,
and 7 ;.Bloc3s:'15;, of 'Hillman I s Seattle .Garden' Tracts, as
aR'' "racorde:d is Vol'um4,11 of Plats,. on page 24;-Records of. King
t ;-County, Wiishingtdii;: more particularly describe"
AEG2NNING at he;;-Southwesterly corner of saidi.Tract 4;.,'thence
i SwNor.th". 21 54" West along the Westerly line• thereof, 353".01
thence along_ the Southeasterly margin of'. 59.t;; lace.-South,
f t;valong a curve ._to the left, the center of which. ber— ';North
U. 71 0 C1' 19" West, having a radius of 65 feet, "ttirough,:a central
N angle of 17 °28'.10 an arc distance 19.82 feetr thence North
A ..00° 37' 31" East' -.-still on the road margin, 60.10 feet %to the
Northerly line:of said Tract 7; thence North 68 °35:'06
N along said tract':line, 157.69 feet; thence South 21924,'-54" -;East,
225.51 feed.. the South 06 °19'04 Ea.st,.207.33 feet to the
Southerly_•aine of,Tract 4; thence South 68° 35'06.34e5t a- long "said
So:utherly 1 line "A36. 34 feet to'. the POINT 0F• BEG2N1�1`NG'
E)ii���r- a.n y .i..- L. ,�'1, �j�� tit'
SUBJECT T0: a.driveway easement•., over the Southerly,'';$;` feet'r`af` the
sterly 16 feet thereof, as recorded under Auditi"r!;3- °E'i7e -No.
`4006073
EXHIBIT
RrT.IINED PROPERTY:
Logy A of Short Plat No. 86- 62 -SS, City of Tukwila, recorded under
King County Auditor's File No. 0612101050
and more particularly described as that portion of Tracts 4 anet 5,;'
Block 15, of Hillman's Seattle:Garden Tracts as recorded in Volume
ll,of' P1atr page' 24, record s.'af-•,King County, Washington more
particularly_,described as follows:
"c
COMMENCING 'at the southwestezly'oorner of said Tract 4; thence
?r North..t+8 °35' Along the southeasterly line thereof,
136: 3.4:foat';:TOs.THE.POINT OF BEGINNINGt thence North 06 °19'04_"
Weit,•.'i07.33 feet;' thence North,68 °35'06" East, 195.00 feet r?
the.westerly: margin of Intersrbin '..Avenue (S.R. 181); thence
N South.21° 24'54" -East along said margin, 47.00 feat; thence 2 ti•
Nor ,th °35'06" East, 10. .feet; thence South 21 "24'54" East,
N_still on.�the -west road margi6,-,253.17 feet; thence South 68 0 35'
06. We at: along the said South :line of Tract 4, 259.00 feet to;_';;
N the.°POINT :OF BEGINNING.
:Subject to.a driveway easement over the southerly 5 feet there
6f as contained in a Deed recorded April 17, 1950, under 'Auditor 2
=file .No ;_-4006073.
•Subject to's n Fcomrtion driveway ,ett%sement over a portion of the
s.; =northerly. 29'-;feet thereof.more- described as :followsi7
BEGINNING
at' the northeasterly,;corner of Lot A; thence
21 °24'W East along the road margin, 29.0 -feet; thence'Sout2i...;;` t
Ofi 0. feetr .thence North' 21 °24' 54" -West, .19:6
,thence' a curve,:to': the left haliing a radius of 7 -1-9
;,:f eat
throu6h' a- `central.Angl�,nf 67 'an are distance:of
8:85 feetv. North 89 °03' -03 "'West, 6.25 'feet to the north=
.:erly line of Lot A; thence North'68•35'Oe" East along said
northerly.line, 140.43 feet to,the••POINT OF BEGINNING.
Y:= ',.St38JECT'TO. an _easement or sanitary: sewer facilites over
Noktheaiaterly 10 feet of said Lot- A as recorded under
f`f 'Auditor's File:'No. 6097193; and
'Lot�:C -bf -Short Plat No.- 86=62 -SS,` City of Tukr'_la, recorded
King County' Auditor!! 'File -No. 8612101050
an mcrQ,.particularly described;as -that portion of Tracts 6
and :Block 15 of Hill m y'`s Seattle Garden Tracts as
�'recordea•; in Vo ume 11 or ats on,:, age 24 d
Recors of King
;:County; :;Washi.ngton; f'4_
4y<'V:CEP "x she'; Northeasterly -40 feet': thereof and LESS- an additional.
IO;feet'.'along the Nor theas thereof, and particularly
-;1� ,`rtdescribed`'as:- tfollows:
EXHIBIT "B" CONTINUED
Commencing at the Northwesterly corner of said Tract 71 thence
North 68 6 35'06" East, along the Northerly line thereof,.157.
feet to the POINT of BEGINNING; thence continuing North 6S 4 35'06
East, 195.00 feet to the Westerly margin of Interurban Avenue
South (3.R. 181); t. South 21 0 24 1 54" East along said margin,
.225.51 feet; thence South 68"35'06" West, 195.00 feet; thence
Nort:: 21 *.24' 54" West, 225.51 feet to the POINT OF BEGINNING:
,TOGETHER WITH'a common driveway easement described as follows'::;_;:
BEGINNIN6:'at the Southeasterly corner of Lot C; thence So:i+h
21 :24' 54" .East_ along the road .margin, 29.0-feet; thenc.�!S; �ith
68°35'.06'!-';,West, 130.0 feet; thence North 21 °24' 54" Wert, IV.69'.i•
.feet;:ithence along a curve to the left, having z radius of:7.5b
_feet,�'through.a,central angle'.of 67 °38'09 an arc distanciiof.
C 85 fept;'thence North 89 °03.'03" West, 6.2S feet to the North•.
`erly' "line ;of Lot A, thence North 68 °35 "•FLast along said.
,Northerly line, 140.43 feet ;to the POINT OF BEGINNING.
y:SUBJECT TO a temporary construction easement for a•pedestrian:
'.`trail .over 'that portion of the lot. described as. follows:
BEGINNING. at'.the Northwesterly•corr,er:of Lot C; thence. oi:th'
68 -.3 06 East, along the 'Northerly line theraof, .195.00 'feet',
"South` 21 °24'54 East;,j� along the margin; 20:00
`athehce=South 68 0 35'06 West,,'!A05.00 feett •thence South :28, °4b'.' -;46
feet to the Wec Qrly:`lot 'line; thenc Narth'.:21 .2;4,54"
Wast along said Westerly line', 95.00 feeE the P(`INT-OF;B£GI�'
SUBJcCT:TU_',A permanent trail'. easement over the followin e{s
bpd .parcel:
BEGINNING at the Nor.thwestPrly' corner of Lot C; 'thence North
68 0 35 1 06" East, along the.Northerly line thereof, 195.00 feet,!
thence So4th 21 0 24 ".East ;,along the road margin, 10,00 feet;
thence 68 °35''0o, West 105.'00, feeti. thence South 25 °13'18 7
23::79 -feet to :the Westerly lot line; thence North
„'21 °24'54 "::4Je9t a Ion g; said Westerly line; 95.00 feet to the
'.'POINT OF BEGINNING.
for Record at R�qu qt
14
,4, IJ .,0.i, (_.c
t.,t.i" 86/ i 2/12 w L 1 233
REL EASE AGREEMENT CASH;-",L r.r�
This Release Agreement is made as of the da
; cf i�.ltL/�w 1986;, by and between D. T. &—Z. Y
p, a Washington general partnership ("Partnership");
and the City of Tukwila, &.munici al corporation ("City"), Y P P with
-C7 respect to the following facts.
A. T;,e Partnership has on the date hereof contrihvl:c
the City by statutory warranty deed that certain pare ^1 oF'
;g=- ,unimproved .land, situated in .the City of Tukwila, County ut': King,`:
{;CV State of- Washington, more'particularly described as follows '(the
Donated Property
as per Exhibit "A"- hereto and incorporated
'herein by,this reference:
B ,.The Partnership; -the owner of a certain other;1+ -
parcel "of:, -land contiguous .to,;the Donated Property, also situated;
'the City .of: Tukwila, .County of King, State of. Washington, :mG
part icularly. as `follows the "Retained Property
as per "B" attached :he_reto and incorporated
heroin by this reference
C. Pursuant to Ghat certain Agreement dated c
!:.jPartnership ts result ••of::the.sliding, sloughing, shifting or.
other natural ;lateral movement "of the soil of the Donatea-ai
Property (the "Soil Movement provided, that the folloggg
conditions are met:
CGHOVOO8SX:
_a.,':. Soil Movement is not attributable to the
negligence of the City -for failure to correct conditions...
not:existing on the Donated Property as of the date
hereof which the.City knew or reasonably should ;•;;:.•.`.
known would cause .the Movement; and
b. the Soil Movement is not attributable to any
modification or alteration in the lay or terrain of'thei
Donated Property created by or at the dlr�ction oF'Lite
City; and
c.`.f. the•Soil Movement.. is not attributable to any
activity.engaged in by or on behalf of the City on or
adjacent to the Donated Property.
This Release Agreement shall terminate upon the.
commencement of any improvement to the Donated Property,
,without .limitation, any installation, erection or
constructlon of..any equipment;,. structure or other
attachments' on::or to .the•.Donated- Property.
s 11 'b versed b and'
This Release Agreement ha a -go y
cons trued .:under: -the laws of,'the State of Washington.
4:`'Zf- :any "term of this Release Agreement or the
'...application'thereof to any person or 'circumstance shall, to any
extent, be` "liival.id or:unenforceable,'the remainder of this
Relea se'.'Agreement, or.'•the.appllczition of such term' to.persons.or:
;circumstances' "other than those as to;which" is held .invalid or
':unenforceable;: shah not :be affected thereby and each term of
this'.&elease Agreement.. shall .be..valid.and shall be enforced to.
�theii•fulleZt,I':extent p-_fmitted-:by.aaw.-
>?.�;'�'r- 'Nc+:hinq; in ;thie��Release 'Agreement'. s;iali be "
cotis'tzued as 'rconnecte.:withor:,colhateral" to ary agreement
relating th ;constru.aion, era tion or improvement of,any
real• property with the meaning; :ot•••RCW 4:24.115.
In the �eitherparty hereto shall be forced to
tiringh to enforce 'any. provisions of this Release
>Agreement; prevailing •party ";shall be entitled•to recover from;"
the '.o the r•.: reasonable. expens=es incurred in such' litigation:
tncludLh4 reasonable- attorneys' 'fees..
IN WHEREOF, the parties have.executed this
'lease'Agreement on the date first above written.
D. T..& C. Partnership;
a Washing general partnership
Herbert DeBoer, Geberai P�srt.ner
City of- Tukwila,:
a municipalcorp on
G Va D sen yor
'
000085X`
STATE of WASHINGTON)
COUNTY :.OF,: KING
'On day /r.�, day of �cc:1e 1986, before me
':::''personally' came Herbert DeBoer, to me known, 'who, being by me
`'duly did' depose and.:say that he is the General Partner of
Partnersh.tp, .a Washingtc-i "general partnership, the
described and..�which executed the fare 9 oin
9
-and acknowledged instrument to be the free -and
voluntary act of such partnership :for the uses and pur.poseu
..°therein mentioned.
ate. r,C•,.�?S i
'Notary Public in and tor, the. StaL.:
aC�1 of residing
,commission expires
i ST ATE OF WASHINGTON)
COUNTY. .OF
On this day--of �i.'`''
Y 1986,' before., i-
me ca,r:2 Cary .Van`:•Dusen;_ to me known, who, being. by, me:
duly" "sworn, .did'dvose,: and say..:that he -is--the duly elected or
appointed Mayar': of ,the ".City:: of Tukwila a "municipal corForation,
"the rt descrit�sd 'iri and ":which: executed .the .fare oin
instrumen t an d
T acknowledged'that' he is duly. authorized .to...:`:
execute 'the'foregoing on behalf of the -City of Tukwila•:
,,.
EXHIBIT
)6NiTED, PROP ERTX:..
wot B of Short Plat No. 86- 62 -SS, City of Tukwila, recorded
ander King'County Auditor's File No. 8612101050
and,. d(- .'scribed as that portion of Tracts 4,
5; and 7, Block 15, of Hill an's .Seattle Garden Tracts, as
recordid.in Volume 11 of Plats, on page 24, Records of King
County, Wnshington.more particularly described as follows:•
REGINNING.at the.Southwester3y cornet: of said Tra; -t 4; thence
North 21 °?4!54 ;'West'a long -the ;lesterly line thoreof, 353.01
!feet; thence.: along the Southeasterly margin of 54th Place South,-
long, curve .to the lef t,.;the 'center of which -bears North
°54 ":West; :having a radius 61!; 55 feet, through a. central:
angle of =17 °28'.10 ",'an arc distance'.:19.82 feet; thence North
00 0 .37! 31" East,. still` on the road- margin, 60. 10feet to the
koetherly.- 'line of:_said Tract .7; thence. North 68 1 35 06 East,
EXHIBIT
_.RETAINED'PR0PERT1.-
rt Plat'N City ��•�`�y `.Lot'�A�of Sho
o. 8b- .;i -SS, of Tukwila, reco
ing,County Auditor's,File NO. 8612101050 r
R and more' particularly described as thst vortio:: of. Tracts
Block :15 of Hillman',s Seattle Garden Tracts as recorded
_,.,11 Plats, page 24 records of King County, Fyas'�i t. n
part'icuiar ly described as
follows:
...COMMENCING at the southwesterly corner of saiG Tract 4; -i
=North =68 °35'06 East };along the southeasterly line thezeo,
S.. 136:34- -feet TO THE POINT OF BEGINNING; thence North.06
W est 207.33; feet 68
N; t_ thence North East, 195.00 rt
J t r
i ';ahe ;.wes ter ly margin o interurban 'Avenue (S. R. 181)
�IaskN 21 °24'54 "East:1;along.said margin, 47 00 feet; .then_
F +:N =North; °35' 06 East;,10:00 feet thence South _'21 °24',.54"
still'on the west road margin,. 153.17 feett,: thence:,'South
the %`POINTalonBEGINNIaid.South line of Tract 4, 259:'00` "fe
yrU.:a
ofbasCContainediinwm eed
.a
'Subjec't •to a: common'rdridawaX 'easement' over n portion of
29`teet: thereof -:more particularly .described a:
=BEGINNING at :;,the northeasterly corner of Lot A; thence',;
21 Eaet margin, 29.0_feet ='thence
:•68.35!06" West', T1 30.Q feet; thence North 21 °24'54" :Vle'st
.r d.!.
;feetj.Fthence :along .a curve to. the' left having a radius;
et;'a hroueh_a can Era 1 a :ngle,_of 67°39'09"'an -are dista
SS feet: tti ZCe N6rth'�89 03 "'West, 6.25 feet•`.',, th
`erl y line of j. Lot' -A j'_ thence •:North 68 East aloe q
:northerly Iihe;•:-140'.43 feet to the POINT OF-BEGINNING.'•
:;SUBJECT TO arCia' asement` for. sanitary sewer facilites :ove
the Northeasterl 10: feet 'of said Tit A as recorded unc'
'Auditor,'s File••No.;_6097,193;
of Shor Plat 62 -SS City c.£ .Tukwila, ,recc
*y- er Atiditor.'s' 'Fi1Q "Nd: 8612101050 ��.,..,,.,r• _.and "more particularly described as that portion of Tza,
d' n
f Hillma Seattle:Garden Tracts, a,
`recordea in •Vollume•;ll,or Plats on Page 24, records of'.
Washington',
Northeasterl the •!EXCEPT
X y:40-feet thereof, and LESS in;.
10 along the :Northeasterly line thereof, and part
"described as; :follows:
BEGINNLNG_`at "the Southeasterl
Y Y
coner�of Lot C; thence• South
i
&3 ;21° "24'54 =.East -alon7 the road margin, 29.0 feet; thence South"
6'8 °35!.06.. "..:;West, 130.0 feet; North 21 °24 West; :19:69:
thencs''along a curve -to left, having a radius of 7.5y
tV sleet; `through a central angle ?';of '.67 °38'09 an arc distance 'of,,.
8:85.'fee-t; thence North 89 °.03'.03" West, 6.25 feet: to North
MI.
ly line of Lot R; thence 'North'- 68 °35' 06" E� st along •said..
<D ~Northerly, line, 140.43 feet. to the POINT OF BEGINNING.'..•'
Co
SUBJECT ='TO a tempo zary -cons truction easement for a pedestriari
,ftrail: over" that, portion- •o£:'th'e ":lot described as fohlows:
:''u.•BEGINNING;at the corner of•Lot C North,'F;r`
:x`68 °.35'06 East, `.along the line.thereof, 195.00;,feet;.l�:';
thence, South 21 '24' 54" East,-.along the, .margin; 2Q:00_• feet;'
thence'5outh "68 °35'06". :.,West,. 105.00 feet;- -thence South 28 0 46'46"
117. 15 feet to -the Westerly lot line; -thence North 21 °24"
West.-along,;sa id Westerly_lirie, 95:00•fee to POINT.OF BEGIN-
NING
TO".`a�,permanent „trail easement over' the following desc 'ri
"bed ;Parcel:
.BEGINNING airthe Noz:hwesterI' -corner. of 'Lot C; 'thence North
; POINT OF BEGINNING.-