HomeMy WebLinkAbout1993 - Easement and Agreement - Saghi James - 9309081290After Recording Return To:
After Recording Return To:
Ronald D. Alien
Betts, Patterson Mines, P.S.
800 Financial Center
1215 Fourth Avenue
Seattle, WA 98161 -1090
EASEMENT AND AGREBMBNT
THIS AGREEMENT is made this 7 day of 1993, by
and between the CITY OF TUKWILA, a Washingto n pa
Corporation (the "City and JAMES M. SAGH married man as
his separate estate (the "Owner with reference to the
following facts:
930390126/050693 /1550/21060005
R E C I T A L S
A. Owner is the fee simple owner of certain real property
located in the City of Tukwila, King County, Washington, commonly
known as 14675 Interurban Avenue South and legally described in
the attached Exhibit "A," which is incorporated herein by this
reference (the "Property
CD B. On or about November 30, 1903, a twenty (20) foot wide
CT right -of -way, now known as South 147th Street, was dedicated by
CQ Hillman Investment Company, in connection with the plat of
ID Hillman's Seattle Garden Tracts (the "Right -of- Way A portion
1 of the Right -of -Way is situated adjacent to and between Parcel 1
:=D and Parcel 2 of the Property owned by Owner and described in the
attached Exhibit "A."
J`
C. The Right -of -Way has never been opened or improved for
public use as a street, but the City maintains that a portion of
the Right -of -Way has been used as a public trail since 1978. The
improved, paved portions of such trail shall be referred to
herein as the "Trail."
D. Certain improvements, consisting of a walkway,
sidewalks and other improvements were required by the City to be
constructed on and adjacent to the Right -of -Way in connection
with construction of the building located on Parcel 1 of the
Property (the "Building in 1981. On or about October 7, 1986,
the City and Owner executed an Easement Agreement, recorded as
King County Auditor's Number 8610071344, by which they granted,
each to the other, mutual easements and rights (the "Prior
Easement
E. As the result of a recent survey of the Property dated
March 24, 1992 (the "Survey showing the location of the
Building and other improvements, an issue has arisen regarding a
potential encroachment of a portion of the Building into the
Right -of -Way, consisting of a potential projection of the
Southwesterly corner of the Building approximately 0.4 feet south
of the "deed line," as shown on the survey map attached as
Exhibit "B." It has also come to the parties' attention that the
Building may not conform to current side yard setback
requirements, which requirements were apparently adopted by the
City subsequent to construction of the Building.
F. In order to address the potential encroachment and
setback nonconformity described in Recital E above, the parties
have agreed to vacation of the portion of the Right -of -Way
described in the attached Exhibit "C" incorporated herein by this
reference (the "Vacated Property and rededication of a portion
of Parcel 2 of Owner's Property identical in size and shape to
the Vacated Property, as described in the attached Exhibit "1),"
incorporated herein by this reference (the "Rededicated
Property
G. The City and Owner now wish to enter into this Easement
and Agreement granting to each other the rights to continue
certain activities within the Vacated Property and the
Rededicated Property, to confirm the Prior Easement, and to grant
certain other rights, all as described herein.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Grant c?f Easement by Owner. Owner hereby grants and
conveys to the City, its successors and assigns, a perpetual,
non exclusive easement on, over and across the Vacated Property
for retention of such improvements as are currently located
within the Vacated Property and for pedestrian ingress and egress
in connection with use of the improved Trail located within the
Right Way and for maintenance and further improvement of, and
other uses reasonably related to use of, such Trail. This grant
of easement shall run with the land and shall bind Parcel 1 of
the Property as shown on the survey attached as Exhibit "B" as
the servient tenement for the benefit of the City's Right -of -Way
as the dominant tenement.
2. Grant of Easement by City. The City hereby grants and
conveys to the Owner, its successors and assigns, a perpetual,
non exclusive easement on, over and across the Rededicated
Property for retention of such improvements as are currently
located within the Rededicated property and for pedestrian
ingress and egress in connection with use of Owner's Building and
adjacent real property and for maintenance and further
improvement of, and other uses reasonably related to use of, such
Building and adjacent real property. This grant of easement
shall run with the land and shall bind the Right -of -Way as the
servient tenement for the benefit of the Property as the dominant
tenement.
3. Confirmation of Prior Easement. The parties hereby
mutually confirm the Prior Easement and each of the obligations
set forth therein. Specifically, and without limitation, the
parties confirm the respective grants of easement contained in
the Prior Easement, that owner shall not obstruct or block the
Trail, and that the City shall not obstruct or block parking on
the Property or ingress or egress to or from the Property.
4. Successors and Assigns. The easements, covenants and
agreements contained herein shall inure to the benefit of and
bind the successors and assigns of the parties hereto.
7 r
DATES] this ;y day of 1993
OWNER:
i ts cg o, J C.
James M. Saghi
930390126/050693 /1550/21060008
CITY:
Its:
City of Tukwila y 7/..etyC -4--/
STATE OF CALIFORNIA
ss.
COUNTY OF
O thisf'y1 day of 1993, before me,
lFt 5 the pnders g ed Notary Public, personally
appeikredadlO plc i'Y) 1% 11 personally known to me (or proved
to me on the basis o. satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and
acknowledged to me that she /he /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
oFFIC''\I
PENNY M EVANS pp
1101N..( !WALK:
SAN F};'N;;ISCJ
My comm expires APR 26, 19'14
WITNESS my hand and official seal.
a
Notar blic
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of 1993, before me, the
undersigned, a Notary Pi l)ic id and for the State of Washington,
dyly commiss *oned and swetn, personally appeared
i, M,._Le) i i' rs the /r1 Y0 it of the
CITY OF TUKWILA, and on oath stated that he was authorized to
execute the instrument and acknowledged it to be the free and
voluntary act of such city for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and
year first above mentioned.
930390126/071393 /1503/2106000
ary Public in and for the
Sjzate o 7 Washington, res,.}'.ding
o r 7-U J=1
My Comm' si stun Expires 9 'f y3
"fit
3
"7
EASEMENT AGREEMENT
EXHIBIT A
"Property"
Parcel 2;
Legot Description
Parcel 1:
Lots 1,2 and 3 in Block 15 of Hillman's Seattle Gardtm Tracts, os pat-
riot recorded In Volume 11 of Plots, page 24, records of King County,
EXCEPT the northeasterly 40 feet thereof condemned for rood purposes
in King County Superior Court Cause No. 109001:
TOGETHER 'MTh an easement for existing driveway o4r and across the
southerly 5 feet of the easterly 315 feet of Lot 4 In. said Block;
EXCEPT the northeasterly 40 feet thereof condernnec as aforesaid;
Situate to the City of Tukwila, County of King, State Iof WashIngtont
The North 250 feet, os measured along the west line of Lot 2,
interurban Addition to Seattle, as per Plat recorded i Volume 10 of
Plots, page 55, records of King County,
EXCEPT that portion described os follows:
Beginning at the Northwest comer of sold Lot;
thence South along the west line of said Lot 250.00 Meet;
thence N89'37'52` E 178.40 feet; thence northwestery to a paint
on the north line of said Lot which is N 89'37'52" E i o distance of
10.00 feet from the point of beginning; thence 5 8937'52` W 10.00 feet
to the Point of Beginning of said exception;
and EXCEPT the northeasterly 40 feet thereof condemned for road
purposes in King County Superior Court Cause No. 109001;
Situate In the City of Tukwila. County of King, State Or Washington.
o°
E,A.SENIVIT AND
C P p,GFtEE EN 8
y 2 'EXHIB
Partial
Survey 10.
R
A
s gas
."3• COQ O D trwn sior
p X 0.1 vaults
Sao f e`
7
7 a
i t
to
asphalt paving
a.
427.2~ tP
foil
1344 n Al
trop TutOo Ito% Ho, I sl'
lor r eePh°p'- '^s-- 11
Set P (war itU U oll a Ptiei Boll
�2�6U4 (tip)
puildinofldoodejt °e S
lands aped
rd lc
window*
PORTION OF TRAIL. TO ATTACH TO PARCEL 1
EASEMENT AGREEMENT
EXHIBIT C
"Vacated Property"
LEGAL DESCRIPTION.
TH4T PORTION OF TtjKW,LA TRAIL NO 1 LYING SOUTHERLY OF LOT
1, BLOCI. 15 OF HL_LMAN'S SEATTLE CARDEN TRACTS. AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS. PAGE 24, RECORDS OF KING
COUNTl, WASH'NGTON DESCRIBED AS FOLLOWS;
T BEGINNING Al A POINT ON THE SOUTH LINE Or SAID LOT 1, LYING
Sh9o37 "W 13E.B9 FEET FROM THE INTERSECTkON OF SAIU SOUTH
Q LINE, WITH THE SOUTHWESTERLY MARGIt. OF INTERURBAN AVENUE
C SOUTH (THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 40 FEET
OF LCT 1); THENCE N89o37 "E, 59.5f. FEET TO A POINT ON A
CURVE TO THE RIGHT WITH A 1€ D,0I:' FOOT RADIUS AND INITIAL
eEARII., OF S22o13'20`E; THENCE SOUTHWESTERLY ON SAID
CURVE AN AF'C. OF 122.06 FEET A CEI.TRA.. AUG1.E OF 43o 42' 40"
TO THE SOJ'H LINE OF SAIL' LOT 1, THENCE tJ89o37'52 "E 59 56
FELT TO THE PO!N' OF BEGINNING
T1-IAT PORTION OF LOT 2, INTERURBAN ADDITION TO SEATTLE, AS
PER PLAT RECORDED ;N VOLUME 10 OF PLATS, PAGE 55, RECORDS OF
'HNC COUNTY, WASHNGTON DESCRIBED AS FOLLOWS-
BEGINNING AT A POINT ON THE 'JCRTH LINE OF SAID LOT 2, LYING
S89o37'52 "N 145.13 FEET FROM THE INTERSECTION OF SAID NORTH
LINE WITH THE SOUTHWESTERLY MARGIN OF ,NTERURBAN AVE., SOUTH
(THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 40 FEET OF LOT
2). THENCE :89o37'52 "E, 59 56 FEET TO A POINT ON A CURVE TO
THE RIGHT WITH A 160 00 FOOT RADIUS AND INITIAL RADIAL
C BEARING OF S22o13'28 "E; THENCE SOUTHWESTERLY ON SAID CURVE
AN ARC OF 122 06 FEET AND CENTRAL ANGLE OF 43(342'40" TO THE
NORTH LINE OF SAID LOT 2; THENCE N89e37'52 "E 59.56 FEET TO
`HE POINT OF BEGINNING.
C)
LEGAL. DESCRIPTION:
EASEMENT AGREEMENT
EXHIBIT D
"Rededicated Property"
PORTION Ur: -A CEL 2 TO ATTACH TO TRAIL
Submit to County Treasurer of the
county in which property is located.
0
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City
Q
0
DATF
PLEASE TYPE OR PRINT
Name Jam` M. `a hi t Ronald -;11 2.1
Betts, Patterson 5 11nes, T.,
;J3 Financial Cen ter
1.415 Fourth Avenue
Street Seattle, WA 93164-1030
NEW OWNER'S
PERMANENT ADDRESS
FOR ALL PROPERTY
TAX RELATED
CORRESPONDENCE
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ITEMS
Name
Street
State Zio
City of Tuk*ila
6200 Southcenter Slvd..
clt /s1EDikwi 1 a WA
REAL ESTATE EXCISE TAX
CHAPTER 82.45 RCW
CHAPTER 458 -61 WAC
O LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED Ki fl' COUNTY OR IN CITY OF Tu =1 1 a
That pottion of Lot 2, Interurban Addition to Seattle, as per plat recorded in Vo i u 10 o= Plats,
Pass 55, Rids of King County, Washington described as follows: Beginning at a point on the
north line of said L o t 2, tying 5-8907 145.13 feet from the intersection of sa i :North line
with the Southwesterly margin of Interurban Ave. So. (the Southwesterly line of the Northeasterly
40 feet of Lot 2)
Is this property currently:
Classifiedar designated as forest land?
Chapter 84333 RCW
Classified as current use land (open space,
farm and agricultural, ortimber)? Chapter 84.34 RCW
Exempt from property tax under nonprofit
organizations Chapter 84.36 RCW?
Receiving special valuation as historic
property under Chapter 84.26 RCW?
Type Prog land only
land with previously
used building
SEE TAX OBLIGATIONS ON REVERSE SIDE
A
YES NO
0
U
LJ
land with new building.
Iand&,ith mobile home
(1) NOTICE OF CONTINUANCE (RCW) 84.33 or RCW 84.34)
If the new owners) of land that is classified or designated as current use or forest
land wish(es) to continue the classification or designation of such land, the new
owner(s) must sign below .-lf the new owner(s) do(es) not desire to continue such
classification or designation, all compensating or additional tax calculated pursuant
to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller
or transferor of the time -of sale. The county assessor must determine if the land
transferred qualifies to continue classification or designation and must so indicate
below. Signatures do not necessarily mean the land will remain in classification or
designation. If it no longer qualifies, it will be removed and the compensating taxes
will be applied. All new owners must sign.
This land does does not qualify 0
for continuance.
DEPUTY ASSESSOR
Ii
(3) NOTICE OF COMPLIANCE (Chapter 84.26 RCW)
If the new owner(s) of property with special valuation as historic property
wish(s) to continue this special valuation the new owner(s) must sign below. If
the new owner(s) do(es) not desire to continue such special valuation, all addi-
tional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable
by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE
The following optional questions are requested by RCW 82.45.120
Is property at the time of sale:
a. Subject to elderly, disability, or physical improvement
exemption?
b. Does building, if any, have a heat pump or solar
beating or cooling system?
c. Does this conveyance divide a current parcel of land?
d. Does sale include current crop or merchantable
timber?
FORM REV 84 -0001 3m (7/88) -1155-
YES NO
1 2LJ
10
10 2
10 2
2
Zip 'Y(1138
FOR TREASURER'S USE ONLY
E 1323608 091013/!393
0 THROUGH Q ARE FULLY COMPLETED
L'
Name
W
t
m Street
yt -oitrive:iper vd.
City State
0 Description of personal property if included in sale (furniture, ap-
pliances, etc.)
If exemption claimed, explain
Type of Document
Date of Document
Gross Sale Price 1/
Personal Property (deduct) 2
Taxable Sale Price
Excise Tax: State
Local 3/
Delinquent Interest: 4 State
Local
Delinquent Penalty: 4 State
Total Due
(SEE 1 -5 ON REVERSE SIDE)
e. Does conveyance involve a trade, partial
interest corporate affiliates, related parties,
trust, receivership or an estate?
f. Is the grantee acting as a nominee for a third
party?
g. Principal use:
1 agricultural
4
apt (4+ units)
commercial
This form is your receipt when stamped
by cashier Pay by cash or certified
check to County Treasurer.
ALL TAX PARCEL NUMBERS
2 condominium
5 industrial
8 mobile home
Zio
AFFIDAVIT
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF
THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE
AND CORRECT (see #5 on reverse for penalties).
j jam;
SIGNATURE' y
NAME(print)C Square, Deity City Clerk
DATE PLACE OF SIGNING: Tukwila City Iia 1 1 (2� 9/
SPECIFY (circle): grantor /grantee /grantor's agent /grantee's agent
Address of residence or place of business of person signing (ape cify):
6213 Satthcenter Blvci.
iukw7la, wA
YES NO
2IJ
1 2
1❑
3 recreational
6 residential
9 timber
TAXPAYER