HomeMy WebLinkAboutRC 19991207000027 •
Return Address:
City Clerk's Office
City of Renton 19991207000027
1055 S. Grady Way PAGE 0700999F08119
Renton WA 98055 KING COUNTY, WA
CITY OF RENTON AG 26.00
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Document Title(s):
AGREEMENT SATISFYING AND RELEASING RESTRICTIVE COVENANT REQUIRING
PARTICIPATION IN A LOCAL IMPROVEMENT DISTRICT CAG-98-080
Reference Number(s)of Documents assigned o(releaseaD
[on page 1 of document(s)]
RC 9009271241
Grantor(s)(Last name first,then first name and initials):
1. City of Renton
2.
3.
0 4. 0 Additional names on page of document
0
Grantee(s)(Last name first,then first name and initials):
1. 1. Seattle Area Plumbing & Pipefitting Industry Journeyman and
2. Apprenticeship Training Trust
3. 2. B & G Renton Partnership
4. 0 Additional names on page of document 3. Eland Building LP by Monster Rd
rn Bldg Corp, its General Partner
rn Legal Description (abbreviated: i.e. lot,block,plat or section,township,range):
Parcel 2: That portion of the northwest quarter and government
Lot 1, in Section 24, Township 23 North, Range 4 East, W.M. , in
(Continued on pages 9 & 10 of attached document)
ti
0 Additional legal is on page of document
Assessor's Property Tax Parcel/Account Number: -
0 Additional legal is on page of document
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
• •
• CAG-98-080
AGREEMENT SATISFYING AND RELEASING RESTRICTIVE COVENANT REQUIRING
PARTICIPATION IN A LOCAL IMPROVEMENT DISTRICT
THIS AGREEMENT made and entered into this 8ZiC day of JUA/-. 1998 by
and between the City of Renton (CITY) and Seattle Area Plumbing and Pipefitting Industry
Journeyman and Apprenticeship Training Trust, B & G Renton Partnership and Eland Building
• Limited Partnership (collectively hereinafter"PROPERTY OWNERS").
WHEREAS, as part of land development PROPERTY OWNERS entered into a
restrictive covenant filed under Auditor's File No. 9009271241 which is attached as Exhibit A and
incorporated by reference as if fully set forth herein; and
WHEREAS, that restrictive covenant required PROPERTY OWNERS to participate in a
local improvement district for the improvement of the adjacent roadway and transportation
infrastructure; and
WHEREAS, the CITY is ready to begin adjacent transportation infrastructure
o improvements; and
o WHEREAS, the parties have determined that it would be more advantageous to have a
c' direct payment of funds to the CITY for the PROPERTY OWNERS' share of those
transportation improvements rather than going to the expense and trouble of forming a local
improvement district;
NOW, THEREFORE, the parties do agree as follows:
1. The CITY, as the benefited party under restrictive covenants filed under Auditor's
File00
No. 9 9271241 ("The Covenants") does herebysatisfyand release the Covenants in full as
AGREEMENT - Page 1
f
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they relate to the following real property described in Exhibit "B" attached hereto which is
incorporated by reference as if fully set forth herein.
2. PROPERTY OWNERS will pay to the CITY the total sum of$180,000 plus the
cost of undergrounding power on Monster Road adjacent to the PROPERTY OWNERS'
property which is estimated to be approximately $9,000 but not to exceed $10,000. This cost of
undergrounding represents the portion that must be paid by the CITY to Puget Sound Energy
representing the portion of the total costs of undergrounding not paid by Puget Sound Energy but
required to be paid by the CITY or PROPERTY OWNERS as part of an undergrounding project
pursuant to the tariffs of the Washington State Utilities and Transportation Commission. These
amounts will be paid as follows:
A. $90,000 upon execution of this agreement.
B. The remaining $90,000 plus the actual cost of undergrounding not paid by
Puget Sound Energy, which amount is estimated to be $9,000 but not to exceed $10,000, one
�' year after date of execution of this agreement.
DATED this gad day of ja41,1E , 1998.
crs
CITY OF RENTON
By: c:704 4"vti...."
Mayor sse Tanner
AGREEMENT -Page 2
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THIS IS TO CERTIFY that on this day of Nwt. , 1998, before me,
the undersigned, a notary public in and for the state of Washington, duly commissioned and
sworn, personally appeared JESSE TANNER, to me known to be the Mayor of the City of
Renton, a municipal corporation that executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said City for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument, and that the seal affixed, if any, is the corporate seal of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
1•16\cAWS\ �] r
Org
NOTARY PUBLIC in and for the state of
Washington. , s
Notary: 1j'(QJA \ r(t I
My appointment expires: 9,201-101
• TTEST BY:
\AP
C=F Marilyn J. et Oen, City Clerk
O
sat �`'
SEATTLE AREA PIr,UING AND
c=t PIPEFITTING IND S I kY JOURNEYMAN
AND APPRENTIC S 11' ' G TRUST
('p , .---
`-' BY
B & G RENTON PARTNERSHIP ELAND BUILDING LIMITED PARTNERSHIP
BY MONSTER ROAD BUILDING
CORP I ' • TION, ITS GENERAL PARTNER
/By By
cityl 5:26:as.
AGREEMENT -Page 3
.
! ED FOR RECORD AT REQUEST G`; SA-112-89
OFFICE C ilE CITY CLERK EXHIBIT A
RENTON MUNICIPAL BLDG.
200 MILL AVE. SO.
RENTON,WA 98055
AGREEMENT
DISTRICTWAIVE
AND/ORPROTEST
OFF-SITE ROADWAY MATION IIMPROVEMENT
IMPROVEMENTS.
AN AGREEMENT BETWEENB & G LIMITED PARTNERSHIP AND ELAND
BUILDING LIMITED PARTNERSHIP AND THE CITY OF RENTON TO WAIVE
PROTEST OF FORMATION OF AN LID AND/OR OFF-SITE ROADWAY
IMPROVEMENTS DUE TO POTENTIAL REALIGNMENT OF OAKSDALE AVE. SW
RIGHT-OF-WAY. (See Exhibit B for Potential Roadway
Realignment) .
WHEREAS, B & G Limited Partnership, a Washington limited
partnership (B&G) , and Eland Building Limited Partnership, a
Washington limited partnership (Eland) , are the Owners of
certain real property located in the City of Renton,
,, Washington, the legal description of which is set forth on
1„ Exhibit A attached hereto and incorporated herein by this
r, CV reference (the "Property") ; and
_ -1 y WHEREAS, the real property owned by B&G and Eland which wJll c_
O
r" be developed for Warehouse uses will have an impact on the"- �;
Q need for street lighting, curbs, sidewalks, gutters, one=half,' r:
C, tN roadway improvement, sanitary sewer line extension, and-
r- 1 p undergrounding of overhead electrical and communication
e distribution lines currently on Oaksdale Avenue SW; and,-::- `- -
c� _
cv D d" WHEREAS, as a condition of the Determination of Non- u
a- Significance (Mitigated) issued under City of Renton File.-.N:O. `;
ECFG-112-89, owners are required to proceed with design and; ; - r
rn construction of off-site improvements prescribed by City! .-
cn ordinance, and whereas it has been determined to be in the
cn- best interests of the City and property owners to defer such
improvements until the City completes it's design analysis of
the alignment of Oakesdale Avenue S.W. , owners or any
subsequent owners agree to participate in a local improvement
district as authorized RCW 35.43 for the above stated
improvements, when such local improvement district is formed
in the future. Should the City determine realignment will not
occur within ten (10) years from the date of this agreement,
the property owner agrees to proceed with street lighting,
curbs, sidewalks, gutters, one-half roadway improvements,
sanitary sewer line extension, and undergrounding of overhead
electrical and communication distribution lines abutting the
Property subject to owner's rights pursuant to paragraph 5
herein.
NOW, THEREFORE, it is hereby agreed as follows:
1. Owners acknowledge that state and city law provide that
the City may require certain real property improvements to
be made by Owners as conditions of, and to mitigate
Page 1
90/09/27 #1241 C'
RECD F 14.00
RECFEE 2.00
CPSHSL x.:r*16.00
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effects of, development, and further acknowledge that the
consideration for this Agreement shall be approval of
development on the Property without requiring Owners to
make such improvements until a future date as determined
by the City of Renton and as described herein.
2 . Owners acknowledge that the City has discussed and plans
to form a local improvement district to improve Oakesdale
Avenue SW to include street lighting, curbs, sidewalks,
gutters, one-half roadway improvements, sanitary sewer
line extension, and undergrounding of overhead electrical
and communication distribution lines on Oaksdale Avenue
SW.
3 . Owners acknowledge that the Property would be specially
benefited by the improvement of Oaksdale Avenue SW to
include street lighting, curbs, sidewalks, gutters, one-
half roadway improvements, sanitary sewer line extension,
o and undergrounding of overhead electrical and
communication distribution lines and agree to participate
cam .:
in the aforementioned local improvement district, which
shall be formed for the purposes of providing such.
4=0
4 . Owners acknowledge that if the existing right-of-way
alignment is retained in the local improvement district
final design analysis of Oakesdale Avenue SW fronting the
the Property that the owners agree to dedicate ten (10)
feet of right-of-way to Oaksdale Avenue SW to accommodate
the required one-half roadway widening and, if no local
improvement district is formed within ten (10) years from
the date of this agreement, to proceed with design and
CD construction of street lighting, curbs, sidewalks,
gutters, one-half roadway improvements, sanitary sewer
o line extension, and undergrounding of overhead electrical
and communication distribution lines abutting the Property
subject to owner' s rights pursuant to paragraph 5 herein
o within ninety (90) days upon written request from the
City.
rn 5. Owners waive their right to protest the formation of any
Q; local improvement district formed for the purposes set
forth in paragraph (3) above; and limited to the
improvements described above, provided, however, owners
shall retain the right to protest the following:
a. The method of assessment; and
b. The amount of assessment and special benefit to
the Property; and
c. The boundaries of the local improvement district
and the total amount of the local improvement
Page 2
•
district cost.
6. This agreement shall be a covenant running with the land
and shall be filed and recorded in the records of King
County, Washington and shall be binding upon the Owners
and subsequent property owners, their successors, and
assigns.
DATED this /" /•/• day of , 1990 .
OWNERS: B & G L?eTED PARTNERSH •
Bye: .I
, ts
ELAND B LDING LIMITED PARTNERSHIP
0
BY:
It
0
N
e--
ACCEPTED BY CITY OF RENTON:
_
cn 1 'ent
APPRO ' 'AS TO CORM:
14C
Lawrence J. Tar n
-- City Attorney
Page 3
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411 4
ACKNOWLEDGED THIS /d7 DAY OF , 1990 .
ELAND BUILDING LIMITED PARTNERSHIP,
a Washington limited partnership
By Mons er Road Building Corp. ,
a Wa ington Corporation
By
Tit/1e:
B & G : .NTON PARTNERSHIP,
a Wa / gton limited • rship
t� B 16/ -
,truce M. Blume,0
•n ging General Partner
0
0
QSTATE OF0,.. 51 , ) )
, ) ss.
COUNTY OF �/3q
tIl
rn On this L' day of (41.)17U5—[— , 1990, before
cr.' me, the undersigned, a Notary Publid-�in and for the State of
(„ )-stir) 0 0/.3 , duly commissioned and sworn, personally
appeared rink l/ . odw . , to me known to be a
General Partner of B & G RENTON PARTNERSHIP, the partnership
that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of
said partnership, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to
execute the said instrument.
WITNESS my hand and official seal hereto affixed
the day and year first abo - /i :ten<
8 � NOTARY PUBLIC in and for the State
ON A.4"11,, or Wa ington, esiding At
ca
Q' cOTAR?q`�'"'47Z % My commission expi&s:
UBLiC F ss
he
hWn�.•c►
•
•
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STATE OF W k s/- J 1 O n.1 )
ss.
COUNTY OF l<fAJ G )
On this L{ TR day of A U ,u s % , 1990, before
me, the undersigned, a Notary Public in and for the State of
( )AS 1-U JGTo n) , duly commissioned and sworn, personally
appeared s 1 0 ice. A•N A 4 LV , to me known to be the
President of Monster Road Building Corp. , the corporationa
that executed the foregoing instrument as the general partner
of ELAND BUILDING LIMITED PARTNERSHIP, and acknowledged the
said instrument to be the free and voluntary act and deed of
said partnership, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to
execute the said instrument.
WITNESS my hand and official seal hereto affixed
the day and year first above written.
RaAALL LU . l�
NOTARY PUBLIC in and for he State
or Washington, residing at
cs4 My commission expires: i z, 4/_
c=,
0
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rn
rn
rn
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4110
EXHIBIT B
PARCEL 2:
THAT PORTION OF THE NORTHWEST QUARTER AND GOVERNMENT LOT 1, IN SECTION 24,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON AND
TTHE
SOUTHWEST QUARTER AND GOVERNMENT LOT 6, SECTION 13, TOWNSHIP 23 NORTH,
EAST, W.M. , ALL IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE QUARTER CORNER BETWEEN SECTIONS 13 AND 24 , IN SAID TOWNSHIP
AND RANGE; THENCE NORTH 87°26'48" WEST, ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER 1,214.00 FEET TO THE WESTERLY MARGIN OF COUNTY ROAD NO. 3, CHARLES
MONSTER ROAD SOUTHWEST AND NOW KNOWN AS STEEL HILL ROAD; THENCE SOUTH
32°29'51" EAST, ALONG SAID WESTERLY MARGIN, 85.34 PEET TO A POINT OF TANGENT
CURVATURE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 256.48 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE' THROUGH AN ARC OF 31°04'57", AN ARC LENGTH
139. 14 FEET TO A POINT WHICH IS 30 FEET WESTERLY, PERPENDICULAR TO SAID
CENTERLINE OF STEEL HILL ROAD; THENCE SOUTH 01°24 ' 51" EAST, ALONG SAID
WESTERLY MARGIN, 268.00 FEET; THENCE SOUTH 88°35'09" WEST 436.55 FEET; THENCE
SOUTH 02°33' 12" WEST 115.03 FEET; THENCE SOUTH 70°05'34" WEST 95.47 FEET;
THENCE SOUTH 88°37' 17" WEST 105.38 FEET; THENCE NORTH 1°22'43" WEST 437.90
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°03'09" WEST 283.04 FEET;
cr THENCE SOUTH 54°28' 10" WEST 490.44 FEET TO THE EASTERLY MARGIN OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY RIGHT-OF-WAY; THENCE NORTH
cm 28°11'33" WEST ALONG SAID EASTERLY MARGIN 115.75 FEET; THENCE ON A CURVE TO
THE RIGHT HAVING A RADIUS OF 411.73 FEET AND ALONG SAID EASTERLY MARGIN 57.49
FEET; THENCE NORTH 20°11'33" WEST ALONG SAID EASTERLY MARGIN 156.01 FEET;
THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 523.68 FEET AND ALONG SAID
EASTERLY MARGIN 419.12 FEET TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS
OF 667.96 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 6°57' 18" WEST; THENCE
en
m-, EASTERLY ALONG SAID CURVE 102.86 FEET; THENCE NORTH 83°41'02" EAST 60.83 FEET;
a' THENCE NORTH 74°13'19" EAST 47.60 FEET TO A POINT ON THE SOUTHERLY MARGIN OF
CHARLES MONSTER COUNTY ROAD SOUTHWEST, SAID POINT BEING ON A CURVE HAVING A
RADIUS OF 238.99 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 17°19'04" EAST;
THENCE EASTERLY ALONG SAID CURVE AND SOUTHERLY MARGIN 80.36 FEET; THENCE NORTH
88°03'09" EAST ALONG SAID SOUTHERLY MARGIN 470.93 FEET; THENCE SOUTH 1°56'51"
EAST ALONG SAID SOUTHERLY MARGIN 10.00 FEET; THENCE NORTH 88°03'09" EAST ALONG
SAID SOUTHERLY MARGIN 26.53 FEET TO A POINT WHICH BEARS NORTH 1°22'43" WEST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1°22'43" EAST 450.00 FEET TO
THE TRUE POINT OF BEGINNING, CONTAINING 450,000 SQUARE FEET, MORE OR LESS.
IT% •+�;�� BLUME DISTRIBUTION FACILITY
"i o RENTON, WASHINGTON
4• ., / ;' � BRH JOB NO. 89219.04
1 of FEBRUARY 7, 1990
•
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PARCEL 4:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE
4 EAST, W.M. , KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER CORNER BETWEEN SECTIONS 13 AND 24 IN SAID TOWNSHIP
AND RANGE; THENCE NORTH 87°26'48" WEST ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER 1214.00 FEET TO THE WESTERLY MARGIN OF COUNTY ROAD NO. 8, CHARLES
MONSTER ROAD SOUTHWEST; THENCE SOUTH 32°29'51" EAST ALONG SAID WESTERLY MARGIN
85.34 FEET; THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 256.48 FEET A
DISTANCE OF 139.14 FEET; THENCE SOUTH 1°24151" EAST ALONG SAID WESTERLY MARGIN
268.00 FEET; THENCE SOUTH 88°35'09" WEST 436.55 FEET; THENCE SOUTH 2°33'12"
WEST 115.03 FEET;- THENCE SOUTH 70°05'34" WEST .95.47 FEET; THENCE SOUTH
88°37' 17" WEST 105.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
. 1°22'43" WEST 437.90 FEET; THENCE SOUTH 88°03'09" WEST 283.04 FEET; THENCE
SOUTH '54°28' 10" WEST 490.44 FEET TO THE EASTERLY MARGIN OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY RIGHT-OF-WAY; THENCE
SOUTHERLY ALONG SAID EASTERLY MARGIN 1610.67 FEET TO A POINT ON THE WESTERLY
MARGIN OF COUNTY ROAD NO. 8, CHARLES MONSTER ROAD, SAID POINT BEING ON A NON-
- TANGENT CURVE HAVING A RADIUS OF 250.37FEET, THERADIUS
URVE POINT AND WESTERLY WHICH BEARS
MARG N
NORTH 66°59'43" EAST; THENCE NORTHERLY ALONG SAID
250.59 FEET TO THE SOUTHWESTERLY LINE OF A TRACT OF LAND DESCRIBED IN DEED
FILED UNDER RECORDER'S NO. 8606190933, RECORDS OF SAID COUNTY; THENCE NORTH
48°12' 23" WEST ALONG SAID SOUTHWESTERLY LINE 420.25 FEET; THENCE NORTH
9°01'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT 125.00 FEET; THENCE NORTH
`o. 46°16'56" EAST ALONG THE NORTHWESTERLY LINE OF SAID TRACT 17.69 FEET; THENCE
c NORTH 4°58'17" WEST 410.23 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING
C
612,566 SQUARE FEET, MORE OR LESS.
j. 4 BLUME DISTRIBUTION FACILITY
cxs �.� / A RENTON, WASHINGTON
cD ��~ o� w s. � BRH JOB NO. 89219.04
.Arai FEBRUARY 7, 1990
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