HomeMy WebLinkAboutOrd 1664 - Street Vacation of South 147th Street ti
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Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING THAT PORTION OF
PUBLIC RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA,
GENERALLY DESCRIBED AS A PORTION OF SOUTH 147TH
STREET LYING WEST OF INTERURBAN AVENUE SOUTH 40
FEET TO A POINT APPROXIMATELY 162 FEET WEST.
WHEREAS, the City of Tukwila has initiated vacation of a portion of South 147th Street
right -of -way lying west of Interurban Avenue, and
WHEREAS, by resolution dated March 15, 1993, the Council set April 12, 1993 as the
date for a public hearing, and
WHEREAS, a public hearing was held on said vacation petition before the City Council
CV on April 12, 1993, and
WHEREAS, notice of the pendency of the street vacation and hearing were given as
prescribed by law, and
WHEREAS, the abutting property owner has agreed to dedicate to the City the real
property described in Exhibit C attached hereto, which property has a value equal to the
property being vacated,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. That certain public right -of -way located within the City of Tukwila,
Washington, and more particularly described on Exhibit A, and shown on Exhibit B, both of
which are attached hereto and hereby incorporated herein, is vacated.
Section 2. That the street so vacated shall belong to the abutting owner, as provided in
RCW 35.79.040.
Section 3. The City reserves the right to retain an easement agreement allowing the City
and the owner of the property and their respective successors to continue using the vacated and
rededicated parcels as they were used prior to the exchange in the event the abutting property
is to be sold.
Section 4. An easement in favor of US West for the underground toll cable if located in
the vacated right -of -way shall be conveyed.
Section 5. The City Public Works Director is hereby instructed to amend the City's
official street map to be consistent with this ordinance.
Section 6. If any section, sentence, clause or phrase of this ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 7. The City Clerk is directed to record this ordinance and to provide a certified
copy thereof to the King County Department of Records and Elections upon its effective date.
Section 8. This ordinance shall be in force and effect five days after publication of the
attached summary which is hereby approved; provided, however this ordinance shall not be
published until the City Clerk has the deed to that real property described in Exhibit C hereto
in hand, the easements in Section 3 and 4 have been executed, and until the official street map
amendments provided for in Section 5 hereof have been completed and further provided that
this ordinance shall be null and void if said deed is not received or said street map
amendments not completed within thirty days of the date of this ordinance.
PASSED BY THE CITY CO N IL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 9 day of /.-L; sew+ 1993.
ATTEST/AUTHENTICATED:
Janke E. Cantu, City Clerk
APPROVED AS TO FORM:
By C2
O ICE OF THE CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: y j
PUBLISHED: g 3 f 3
EFFECTIVE DATE: 0 g -9
ORDINANCE NO.:
/a1/6Z)
Joh{ )W. Rants, Mayor
That portion of Tukwila Trail No. 1 lying southerly of lot 1,
Block 15 of Hillman's Seattle Garden Tracts, as per plat recorded
in Volume 11 of Plats, Page 24, records of King County,
Washington described as follows;
Beginning at a point on the south line of said lot 1, lying
S89 °37'52 "W 136.89 feet from the intersection of said south line,
with the southwesterly margin of Interurban Avenue South (the
southwesterly line of the northeasterly 40 feet of lot 1); thence
N89 °37'52 "E, 59.56 feet to a point on a curve to the right with a
160.00 foot radius and initial radial bearing of S22 °13'28 "E;
thence southwesterly on said curve an arc of 122.06 feet and
central angle of 43° 42' 40" to the south line of said lot 1;
thence N89 °37'52 "E 59.56 feet to the point of beginning.
930550084/022593 /1116/21060008
EXHIBIT A
Vacated Property
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light
stand.
7.33'
I No. 1
St.)
85.57'
ed area
THE SOUTHWESTERLY LINE OF
THE NORTHEASTERLY 40 FEET
OF LOTS 1 AND 2 ALSO
THE SOUTHWESTERLY MARGIN
OF INTERURBAN AVE. S0.)
storm drain access
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D4
8d iron
X8808 8
r?:
PP
30
pipe
0
w /tack
9309W1287
TUKWILA TRAIL NO 1 AS IT WOULD EXIST
4 Fl11V I
GRAPHIC SCALE
15 30 60 120
IN FEET
1 inch 30 ft.
TUKWILA TRAIL NO. 1 (S. 147th Street) LYING BETWEEN
.X) INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN
VOLUME 10 OF PLATS, PAGE 55, RECORDS OF KING COUNTY,
WASHINGTON AND BLOCK 15 OF HILLMAN'S SEATTLE GARDEN TRACTS,
AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 24, RECORDS
OF KING COUNTY, WASHINGTON;
t\ \D TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL.
BEGINNING AT A POINT ON THE NORTH LINE OF LOT 2, SAID
INTERURBAN ADDITION TO SEATTLE, LYING S89o37'52 "W 14513
c' FEET FROM THE INTERSECTION OF SAID NORTH LINE WITH THE
SOUTHWESTERLY MARGIN OF INTERURBAN AVE., SOUTH (THE
o i- SOUTHWESTERLY LINE OF THE NORTHEASTERLY 40 FEET OF LOT 2).
o v, THENCE N89o37'52 "E, 59.56 FEET TO A POINT ON A CURVE TO THE
o RIGHT WITH A 160.00 FOOT RADIUS AND INITIAL RADIAL BEARING
o
OF S22o13'28 "E; THENCE SOUTHWESTERLY ON SAID CURVE AN ARC
a OF 122.06 FEET AND CENTRAL ANGLE OF 43o42'40" TO THE NORTH
s o LINE OF SAID LOT 2; THENCE N89o37'52 "E 59.56 FEET TO THE
POINT OF BEGINNING
o AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
,D, N THAT PORTION OF' TUKWILA TRAIL NO. 1 LYING SOUTHERLY OF LOT
0 1, BLOCK 15 OF HILLMAN'S SEATTLE GARDEN TRACTS. AS PER PLAT
RECORDED IN VOLUME 11 OF' PLATS, PAGE 24, RECORDS OF KING
5 COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT A
1 .3 POINT ON THE SOUTH LINE OF SAID LOT 1, LYING S89o37'52 "W
6 136.89 FEET FROM THE INTERSECTION OF SAID SOUTH LINE, WITH
o THE SOUTHWESTERLY MARGIN OF INTERURBAN AVENUE SOUTH (THE
SOUTHWESTERLY LINE OF THE NORTHEASTERLY 40 FEET OF LOT 1);
v� THENCE N89o37'52 "E, 59.56 FEET TO A POINT ON A CURVE TO THE
'o RIGHT WITH A 160 00 FOOT RADIUS AND INITIAL RADIAL BEARING
o o OF S22o13'28 "E; THENCE SOUTHWESTERLY ON SAID CURVE AN ARC
.1/
OF 122 06 FEET AND CENTRAL ANGLE OF 43o 42' 40" TO THESOUTH
ring
Set #5 rebar y//cop
#23604 (typ)
South line of Lot 1
Block 5, Hillman's
Seattle Garden
Tracts.
PARCEL 1
riGh•Qr
South line of Lot 1
Block 5, Hillman's
Seattle Garden
Tracts.
tp
trail easm't AF //861007344 gall
for Tukwila Trail No. 1 sign
3 c_pkelt �r -0ik
trail
sign
North line Lot 2,
Interurban Addition
10' PNW Bell easm't AF #57173 8
North line Lot 2,
Interurban Addition
4 4
N 89'37'51" E
240,48
V 43'42'40
R 160.00
L 122.06
59. l 7
oc ode 1 cv_
So in pl t s. lire L
PARCEL 2
59.56'
14513'
59 56' 59.56'
43'42'40"
R 160.00
L 122.06
10475 Interurban AJe. So
Tui'la T
S' (So. 1471
fandscc
PARCEL 2
Fire
lane
2
S
z
S 89'37'52" W
136 89
coo
t
c d d( G‘
ace'
Jr d Lope
77 33'
Tukwilo Trail No. 1
(So 14;th St.)
85.57'
5 89'37'52" W
End 1" iron pipe w /tack no
0.07' N. k 0.22' E
PORTION OF TRAIL TO ATTACH TO PARCEL 1
LEGAL DESCRIPTION:
PORTION OF PARCEL 2 TO ATTACH TO TRAIL
LEGAL DESCRIPTION:
r! 89'37'52" E
THAT PORTION OF TUKWILA TRAIL NO. 1 LYING SOUTHERLY OF LOT
1, BLOCK 15 OF HILLMAN'S SEATTLE GARDEN TRACTS. AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS, PAGE 24, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 1, LYING
S89o37'52 "W 136.89 FEET FROM THE INTERSECTION OF SAID SOUTH
LINE, WITH THE SOUTHWESTERLY MARGIN OF INTERURBAN AVENUE
SOUTH (THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 40 FEET
OF LOT 1); THENCE N89o37'52 "E, 59.56 FEET TO A POINT ON A
CURVE TO THF. RIGHT WITH A 160.00 FOOT RADIUS AND INITIAL
RADIAL BEARING OF S22o13'28 "E, THENCE SOUTHWESTERLY ON SAID
CURVE AN ARC OF 122.06 FEET AND CENTRAL ANGLE OF 4..o 42' 40"
TO THE SOUTH LINE OF SAID LOT 1; THENCE N89o37'52 "E 59.56
FEET TO THE POINT OF BEGINNING.
THAT PORTION OF LOT 2, INTERURBAN ADDITION TO SEATTLE, AS
PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF
KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2, LYING
S89o37'52 "W 145.13 FEET FROM THE INTERSECTION OF SAID NORTH
LINE WITH THE SOUTHWESTERLY MARGIN OF INTERURBAN AVE., SOUTH
(THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 40 FEET OF LOT
2). THENCE N89o37'52 "E, 59.56 FEET TO A POINT ON A CURVE TO
THE RIGHT WITH A 160.00 FOOT RADIUS AND INITIAL RADIAL
BEARING OF S22o13'28 "E, THENCE SOUTHWESTERLY ON SAID CURVE
AN ARC OF 122.06 FEET AND CENTRAL ANGLE OF 43o42'40" TO THE
NORTH LINE OF SAID LOT 2; THENCE r189o37'52 "E 59.56 FEET TO
THE POINT OF BEGINNING.
S 89'37'52" W
asphalt pa Tng
Trail easm't AF //861007344
tp for Tukwila Trail No. 1
a,phel t– J,raiL\
1
Sets tabor }v /cap
#23604 (t),p)
South line of Lot 1
Block 5, Hillman's
Seattle Gorden
Tracts.
South line of Lot 1
Block 5, Hillman's
Seattle Garden
Tracts.
PARCEL 1
trail
sign
I
10' PN Bell easm't
North line Lot 2,
Interurban Addition
North line Lot 2,
Interurban Addition
AF#57172
PARCEL 1
r G 43'42'40"
J R 160.00
L 122.06 I/
I L\�
59.56'
59.56'
R
L
PARCE
930550088/022593 /0945/21060008
Rededicated Property
That portion of Lot 2, Interurban addition to Seattle, as per
plat recorded in Volume 10 of plats, page 55, records of King
County, Washington described as follows:
Beginning at a point on the north line of said lot 2, lying
S89 °37'52 "W 145.13 feet from the intersection of said north line
with the southwesterly margin of Interurban Ave., South (the
southwesterly line of the northeasterly 40 feet of lot 2).
Thence N89 °37'52 "E, 59.56 feet to a point on a curve to the right
with a 160.00 foot radius and initial radial bearing of
S22 °13'28 "E; thence southwesterly on aid curve an arc of 122.06
feet and central angle of 43 °42'40" to the north line of said lot
2; thence N89 °37'52 "E 59.56 feet to the point of beginning.
After Recording Return To:
Ronald D. Allen
Betts, Patterson Mines, P.S.
800 Financial Center
1215 Fourth Avenue
Seattle, Washington 98161 -1090
931050055/050693 /1455/99990008
UTILITIES EASEMENT
RECITAL 8:
E A S E M E N T
EXCISE TAX NOT REQUIRED
Kin co. P0001 s Division
o
e 101! m
THIS UTILITIES EASEMENT "Easement is made this Z day of
.�Cax 1993, by JAMES M. SAGHI "Grantor with reference
to th))following facts.
A. Grantor has acquired, through vacation of a right -of-
way by the City of Tukwila, fee simple title to certain real
of property located in King County, Washington, legally described in,
oa the attached Exhibit A (the "Vacated Property
N
a) 9. In connection with the vacation and dedication of
•D portions of the right-of -way of which the Vacated Property
CD
formerly comprised a part, it has come to Grantor's attention
tY7 that an existing communications cable (the "Cable owned and
,T maintained by Grantee lies within and beneath the Vacated
Property.
C. As a condition of City of Tukwila Ordinance No. 1664,
which provides for vacation of the Vacated Property, Grantor is
required to grant an easement in favor of Grantee, as provided
herein. By this instrument, Grantor wishes to satisfy the
referenced Ordinance condition, and provide for Grantee's
continued use and maintenance of the Cable, on the conditions set
forth herein. This grant of easement is made for no monetary
consideration, and for the sole purpose of facilitating the
vacation described above.
NOW, THEREFORE, Grantor hereby grants and conveys to U S
WEST COMMUNICATIONS, INC., a Colorado corporation "Grantee
its successors and assigns, a nonexclusive easement on, over and
beneath the Vacated Property for the continued maintenance of the
existing Cable now in place, subject to the following:
0
State of
County of
a. Grantee may enter the Vacated Property for the
purpose of inspecting, maintaining, improving,
repairing, constructing, reconstructing, removing
and locating the Cable; provided, however, that
the cost of any and all of the foregoing shall be
borne exclusively by Grantee.
b. Grantee shall exercise its rights under this
easement so as to minimize, and avoid if
possible, interference with Grantor's
property, including all property owned by
Grantor adjacent to the Vacated Property.
C. The grant of easement provided herein shall
be subject to all restrictions, interests,
easements, liens, security interests, and
other exceptions of record as of the date of
this instrument.
4
DATED this day of 1993.
Ci?
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CD
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931050055/050693 /1455/99990008
JAMES M. SAGHI
2
On this day of 1993, before me, the undersigned,
a notary public, personally appeared JAMES M. SAGHI, to me known
to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as
his free and voluntary act and deed, for the uses and purposes
therein stated.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
NOTARY PUBLIC in and for the State
of residing at
My appointment expires
STATE OF CALIFORNIA
ss.
COUNTY OF a ,,,nC'tsto
On_this 1'7i{1 day of 141G1, 1993, before me,
2t1AA 5 the ur)dersigr od Notary Public, personally
appea ed fl'1_ �k t personally known to me (or proved
to me on a basis o 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.
WITNESS my hand and official seal.
FFi`t•N .N% EVANS
rf
t7\l
s My camm_ PsP 5 RFR 2G, 199
C I 11 F' Notary U 1 c
co
a)
Cti
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LEGAL DESCRIPTION
PORTION Of TRAIL TO ATTACH TO PARCEL 1
UTILITIES EASEMENT
EXHIBIT A
"Vacated Property"
THAT PORTION Or TUKW.LA TRAIL NO 1 LYING SOUTHERLY OF LOT
1, BLOCK. 15 OF HILLMAN'S SEATTLE CARDEN TRACTS. AS PER PLAT
RECORDED iN VOLUME 11 OF PLATS, PAGE 24, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS;
BEGINNING Al A POINT ON THE SOUTH LINE Or SAID LOT 1, LYING
S89037 136.89 FEE FROM THE INTFRSECTiOU far SAID SOUTH
LINE, WITH THE SOUTHWESTERLY MAK ;'.I. OF IIITERURE3AN AVENUE
SOUTH (THE SOUTHWESTERLY LINE OF THE NORTHEASTERL 40 FEE'
OF LOT 1); THENCE 1489o37'52 "E, 59.5f.. FEET TO F POt':T ON A
CURVE TO THE. RIGHT YfTH A 160.00 FOOT F2A :IUS AND lrt TIAL
F?f.:j ;AL BE AR OF S22o13'2C'E, THE NOE SOI'T3 ON SAID
CL 9%1 AN AP;. OF 122.08 FEET A':'. CP:TRAL ANGLE OF 42Io 42' 40"
TC TH_ I :O'JTH LINE OF SAID LOT 1. THENCE N89o3)'52 "E 59.56
FELT 10 THE POINT OF BEGINNING
F .ED FOR RECORD AT REQUEST OF; WHEN RECORDED RETURN TO:
Ronald D. Allen
Bette, Patterson Mines, F.S.
800 Financial Center
1215 Fourth Avenue
Seattle, WA 98161 -1090
THE GRANTOR, JAMES M. SAGHI, a married man as his separate
estate, for and in consideration of Grantee's vacation of
portions of a City Right -of -Way, conveys and warrants to the City
of Tukwila, a Washington municipal corporation "Grantee the
following described real estate, situated in the County of King,
State of Washington:
That portion of Lot 2, Interurban Addition to Seattle,
as per plat recorded in Volume 10 of Plats, Page 55,
Records of King County, Washington described as
follows: Beginning at a point on the North line of
said Lot 2, lying S89o37'52 "W 145.13 feet from the
intersection of said North line with the Southwesterly
margin of Interurban Avenue South (the Southwesterly
line of the of the Northeasterly 40 feet of Lot 2).
Thence N89o37'52"E, 59.56 feet to a point on a curve to
the right with a 160.0 foot radius and initial radial
bearing of 822013'28 "E; thence Southwesterly on said
curve an arc of 122.06 feet amd central angle of
43o42'40" to the North line of said Lot 2; thence
N89o37'52 "E 59.56 feet to the point of beginning.
SUBJECT TO: All restrictions, interests, easements,
encumbrances, and other exceptions of record as of the
date of this instrument.
This Deed is given for no monetary consideration and for the sole
purpose of dedicating a portion of right -of -way equal in size to
that being vacated by Grantee simultaneously with this
conveyance.
Dated r �>G
931260099/050693 /1511/21040008
STATUTORY WARRANTY DEED
-1
19 3'
JAMES M. SAGHI
fit!' 0
618 200 S01033t1 NIN003 9ND1 Nd GO: 6921 -uOG E
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STATE OF CALIFORNIA
ss.
COUNTY OF5C4 J to co
on this Q143 day of (1�I 1993, before me,
ant t he undersig ed Notary Public, personally
appe red '5(^ personally known to me (or proved
to me on ehe basis o x,lsatisfactory 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.
WITNESS my hand and official seal.
OFFICIAL SEAL
PENNY M EVANS
f.101ARY PUBLIC C.AL1= Cr.11A
SAN 1RANCISCO CL1llJTY
My comm.. expires APR 26. 1994
Notary
After 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
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asphalt paving
a.
427.2~ tP
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trop TutOo Ito% Ho, I sl'
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�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
WO
J
J
HC
v
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
1/ GROSS SALE PRICE "Selling=Price" shall mean considleration, including money or anything of value, paid or
delivered or contracted to b -pakI or delivered in return for the transfer of the real property or estate or
interest in real property, and shall include the amount of any lien, mortgage, contract indebtedrress; or other
incumbrance, either given to -secar the purchase price, ouany part thereof, or remaining unpaid on such
property at the time of sale (WAG 458 -61- 030(13)). When consideration is other than money and the transfer
is taxable, market value is to be reported.
2/ PERSONAL PROPERTY
The transfer of personal property is subject to the use tax and is the liability of the grantee. Use separate
form for mobile home.
3/ LOCAL REAL ESTATE EXCISE TAX
Cities and /or counties are authorized to adopt by ordinance an additional real estate excise tax to be
collected and distributed by the county treasurer (CHAPTER 82.46 RCW).
4/ DELINQUENT INTEREST PEIaLTY EVASION PENALTY
If the tax due is not paid within 30 days kern the time of saw interest of 1% per month shalhbe charged from
the sate date until date of payment. If the payment of any -tax is not received by the county treasurer within
thirty days of the due, there-shall be assessed a-penally of five percent of the amount of the tax; if the
tax is not received within sixty -days of the date due, there shall be assessed a total penalty of ten percent of
the amount of the tax; and if the tax is not received wiVikr ninety days of the date due, there shalt be
assessed a total penalty of twenty percent ofthe amour* 0the tax. Nonpayment or underpayment resulting
from intent to evade the tax- is subject to 50% penally (Ch ter 82.45 RCW). Each of these- items, interest
and /or penalty, is to be computed without a compounding effect, that is, each is to be based solely upon
the tax owing.
5/ PERJURY
Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a
maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five
thousand dollars, or by both such imprisonment and fine (RCW 9A.20.020 (1C)).
The tax paid by this document is subject to audit by the Department of Revenue under RCW 8245.150: RCW
82.45.080 specifies that this tax lathe obligation of the sew and remedies for its enforcement are specified
in Chapter 82.32 RCW. RCW 82.45.080 states that such tax and penslities... "shall be a spe ific lien upon
each piece of real property sold from the time of sale untitthe tax shall have been paid, which lien may be
enforced in the manner prescrn`bed for the foreclosure of mortgages
TAX OBLIGATION FOR FORES -T LAND CLASSIFICATION OR DESIGNATION,
CURRENT USE (OPEN SPACE) CLASSIFICATION, PROPERTY EXEMPT FROM TAXATION OR
SPICE VALUATION AS HISTORIC PROPERTY
FOREST LAND LIABILITY (RCW 8433.120 and 84.33.140]
Upon withdrawal or removal of this land-from classification or designation a compensating tax shall be imposed
which shall be equal to:
1. The difference between the amount of tax last levied on such lid as forest land and an amount equal to
the new assessed valuation of such land multiplied by the millage rate of the last levy extended against
such land, multiplied by
2. A number, in no event greater than ten, equal to the number of years for which such land was classified or
designated as forest land.
Reforestation or conversion requirements should be consulted according to Chapter 76.09 RCW.
CURRENT USE LIABILITY (RCW 84_34.108)
Upon withdrawal or removal of this land from classification, an tax shaft be imposed in the following
manner.
1. Land under classification for a minimum of ten years shall pay an amount equal to the difference between
the tax computed on the basis of "current use" and the tax computed on the basis of true and fair value
plus interest at the same statutory rate charged on property taxes. The additional tax and interest shall be
paid for the seven years-last past.
2. Land withdrawn because ofa change to a nonconforming use or land withdrawn prior to the minimum ten
year period or failureto comply to twoyear notice ofwihdrawal shall be liable to pay the additional tax as
in t. above plus a penalty of 20% of the additional tax and interest. The additional tax, interest and penalty
shall be paid for the past seven years.
PROPERTY EXEMPT FROM TAXATION (RCW 84.36.810 and 84.36262)
Sale of exempt property may cause taxes and interest to be assessed for up to last ten years, depending on
type and life of exemption.
SPECIAL VALUATHON AS HISTORIC PROPERTY LIABILITY (Chapter 84.26 RCW)
Whenever property classifed and valued as eligible historic property is removed or disqualifies for the valuation,
an additional tax shall become due and payable which is equal to (a) the actual costa of the substantial
improvement multiplied by the levy rate in each year the property was subject to special valuation: plus (b)
interest on the amounts of the additiorat tax at statutory rate charged err delinquent property taxes from the
dates on which the additional tax could have been paid without penalty if the property had not been valued as
historic property; plus a penalty equal to twelve percent of the amount determined in (a) and (b).
FORM -REV 84 0001 (7/88) (BACK) 0X -85 3