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Home My WebLink AboutRC 9306222482 ! 1 � � / � • � � . � � t �• • ' WIiEN RLCOR7ED REIURN TO: RESTRICTIVE COVENANT • OCfice of the City Cicrk by Councilmanic Action Rcnton Municipal Building 200 Mill Avenuc South DECLARATION OF SEGREGATION OF xeocon,WA 9�55 SPECIAI.LJT'II1TY CONNECTION CHARGE W��REA.S, the City of Renton, pursuant to city code section 8-4-41.B.3 charges water � special utility connection charges and pursuant to ciry code section 8-5-17.B.3 charges sanitary � � sewer special utility connection charge fees; and � WHEREAS, the Burlington Northern Railroad right�f-way runs through the City of Renton and has not paid special utility connection chatges due to the nature of that use; and WHEREA.S, Spirit of Washington, Inc. has proposed to run a dinner train along the Burlington Northern Railroad right-of-way with loading, parking and other facilities which utilize a ,,. portion of the Burlington Northern Railroad right-of-way; and , �;: �VHERF.AS, such improvements by Spirit of Washington, Inc. trigger the special utiliry connection charge for the entire ownership interests of Burlington Northern Railroad within the City of Renton; and ,� �VHEREAS, the Ciry Council of the City of Renton has determuled, at its regular meeting on March 9, 19y2, that such a fee for tlie etitire Burlington Northern Railroad right-of-way would be � inequitable as only a portion of the right-0f-way would be utilized in such a manner as to create a � demand on the city's water and sanitary sewer facilities. N ^J � NOW, TT3EREFORE, Burlington Northern Railroad Company, a Delaware Corporation, as �`� owner of the real estate in question described in Exhibit A which is attached hereto and ir incorporated by reference as if fully set forth, and Spirit of Washington, Inc., as operator of a , facility along that right-0f-way wish to segregate the property in Exhibit A for purposes of partial payment of the special utility connection charge for water and sewer. The �roperiy of Rurlington Northern Railroad Company, a Delaware Corporation, for which the special utility connection charge will be paid is legally described in Exhibit B which is attached hereto and incorporated� by reference as if fully set fo:-th. The remainder of the ownership has not and will not have the special utility connection charge paid at this time. The Iand for which the special utility connection charge has not been paid shall pay if then required by applicable law at the rate in effect at the time of formal application to the City of Renton which would invoke the charge. The owner of the property for which the special utility connection charge has not been paid, its successors, heirs and assigns hereby agree and covenant to pay the special utility connection charge at the rate in effect at the time of formal application for development of the parcel for which the charge has not been paid. DECLARATION OF SEGREGATION OF SUCC- 1 � �3 -�5'�" 92-4GG.DOC/AMH/bh 7�- g ?� ,/p C��—Cl �O�DO��. J�.JJ�O�. Y /,��L � � i , y• s . . • . . �� . . . � , This covenant shall run with the land and shall not expire. If, at any time the fee is paid, the portions of the covenants for the portion of the land area for which the fee has been paid, shall terminate by the filing and recording of a partial satisfaction of tap, hookup or connection charge to be filed with King County. DATED THIS�day of I��1 , 199�. � Burlington Northern Railroad Company, SPIRIT OF WASHINGTON, INC. a Delaware Corporation . �.----- BY� �o�_ �,.tC��d B Its ��/Z EC Tv/t Di�r./�ric�,s Its " I E K f}S �Pf�� STATE OF ) f RieRA-�'� ) ss COUNT'Y OF� ) I certify that I know or have satisfactory evidence that �_ � , �IC M-E�L_S � � signed this instrument, on oath stated that he/she w authorized to execute the n �f2LlIJCZ'ON I\IORTHC-R(�I instrument and acknowledged it as the l]�RCGTo� Q�E�ATIo�'S of AI�`ito be the free and voluntary act of such pariy for the uses and purposes mentioned in the instrument. DATE� M�-t2C l�f- /� , 19� AALiNE NICHOIs * � * �� Notary blic in and for the State of T�X�4S �d�� residing at 7' ��°°°'�'��'� My appointment expires: Z �d STATE OF WASHIPIGTON ) � ) ss � COUNTY OF KING ) �d' N I certify that I know or have satisfactory evidence that �lil L �P.r'r1T= N N� signed this instrument, on oath stated that he/she was authorized to cxecute the i7 instrument and acknowled ed it as the ► � of � trfS IO�C[ri�"' �f n t� Lc thc frcc C'i � and voluntary act of such parry for the uses and purposes mentioned in the instrument. DATED �7 � , 1993 . D_�1�.�'1 .i L� i�� Notary Public in and for the State of Washington, residing at �L�.C�Y1'�� My appointment expires: _ (o`I �''1'�� DECLARATION OF SEGREGATION oF succ-a �93—��'`� 92-46G•DOC/AMH/bh i _ _ _ , . . . . � . . { E:�IIBIT ��A�� King County T�Accaunt# i82345-9052 Burlingtan Northern Railroad right-of-way, (formerly Pacific Coast RR) over the S 1�2 of Section 18,Township 23 N., Ran$e SE., W.M. I �' � �? � �cT C`v I � N � � C) � 'I � i � � � I � 92-228.LiOCtAMHIa� / �� b � � s ' ' . � . , ' ' I'A +� �♦ I ` E�HIBIT "B"' LEGAL DESCRIF'"I10N RENTON DEPdT, RENTON, WA. That portion of the Southeast Quarter of Section 1$, Township 23 North, Range 5> E.W,M., described as follows: Beginning at the Northeast eorner of said Southeast Quarter; thence South alang the East liz�e of said Southeast Quarter a distance of 925 feet to the Narth boundary of Burlingtan Northern Railraad Company`s right of way; thenee Southwesterly along said North boundary a distance of 270 feet, more or less, to the East boundary of Burnett Avenue South; thence North 25 feet; thence southwesterly alang said narth boundary G3.25 feet; thence North 56.38 feet; the�nce S 62 40' 45" W, 287 feet to the �' true point of beginr�ing; thence continuing S 62 4U' 45" W, 41.33 feet; thence West 83A7 feet; thence South 47.03 feet; thence S 39 10' 32" W, 75.G5 feet; thence South 72.75 feet; thence N 62 45' 01" E, 212.66 feet; thence N 62 10' S9" E, 164.25 feet; � thence North 25.43 feet; thence West 147.33 feet to the true point of beginuung. i C�J ', � Situated in King County, State of Washington. � � CN1.1 I � � � �' RrV�a�n�2 92382.DC)CJAMHJbh I �93- 6`f i SYNBOLS � � � �fl CM07tt17 GavC1C t Maatfp � QO DEGAiOt30 b1.dDE tF�E � Z � # O Qv4AGliiN TREI-FiR�PTiiCE �O ccxr.4:rw t',�eaveL � W . .^O rOCM'-Cr•IWY LI�.' � Z arrrr w � a � - �O eN rwR.�cxa �w.o.wr d Ca � M • � . ♦ O 4.MOHT�9NTtJF�/J�L.L l pCSIONED TO 61AY CN MTE � a � s'� .� (� __—_. �,�,., �^ _ . �"'`�"°i � N FOURTH $TREET .t.. �,, y,�7� �`�*�MY-�AY' v WIf6111r � l f1 F" /��MM \}! 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