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HomeMy WebLinkAboutD 7405070565 SUPPLEMENT TO QUIT CLAIM DEED (Extension of reversion date ,etc) WHEREAS, PACIFIC COAST R. R. CO . , a Washington corporation , heretofore executed and delivered unto THE CITY OF RENTON, a municipal corporation , a certain Quit Claim Deed dated August 5 , 1968 , and recorded with the King County Auditor' s office , No. 6391020 , to a s) tCD certain parcel of property situated in Renton , King County , Washington CD for street right of way purposes , utilities and other related municipal C Nr purposes , and described as follows : A parcel of land 80 feet wide , being 40 feet on either side of the east line of the SW 1/4 of the SW 1/4 of Section 18 , Township 23 North , Range 5 E .W.M. , between the north line of S.W. Seventh Street and a line drawn 50 feet southerly of and parallel to the center line of Grantor' s railway track as originally surveyed and constructed , All situate in Renton , King County , Washington, and WHEREAS , CENTRAL PUGET , INC. , a Washington corporation , subsequently acquired the reversionary fee interest of PACIFIC COAST R. R. CO. , and WHEREAS , CENTRAL PUGET, INC. and THE CITY OF RENTON desire to modify , clarify and amend their respective rights granted under and by such Quit Claim Deed dated August 5 , 1968 , NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained , it is agreed and covenanted by and between the parties as follows : 1. THE CITY OF RENTON , hereinafter called "Grantee" ,shall be deemed to have had and continue to have a vested interest in and to the abovedescribed real estate from and since August 5 , 1968 , the date of the abovementioned Deed from PACIFIC COAST R. R. CO. , and such right shall continue , and CENTRAL PUGET, INC. hereby expressly grants , assigns and conveys such right unto THE CITY OF RENTON, until such time as Grantee may commence construction of such street , but not later than May 1 , 1984 (in lieu of the former reversion date of May 1 , 1976 as specified in that certain Pacific Coast R. R. Co. Deed hereinabove referred to) ; PROVIDED , HOWEVER, that such right shall cease and terminate and such real estate shall revert to CENTRAL -1- PUGET , INC. , hereinafter referred to as "Grantor" in the event that of Grantee establishes and commences construction/ a similar north-south street nearby providing either a grade crossing or an underpass or overpass across the PACIFIC COAST R. R. CO. ( now Burlington Northern) and/or the adjoining Milwaukee Road right of way and its tracks , Li) within that certain tract bounded by S .W. Seventh Street on the South , CD :.n Sunset Highway on the North and Edwards Avenue on the EAst , CD and Monster Road on the West . In the event Grantee elects CD N to construct such similar street right of way prior to May 1 , 1984 , then Grantee shall give written notice thereof unto Grantor. 2 . Grantor hereby gives , grants and conveys unto Grantee an easement for the installation, maintenance , repair and replacement of utilities , which said easement shall be separate from the provisions relating to the above street right of way construction and such easement rights herein granted unto Grantee shall be free from any reversion or termination date ; PROVIDED, HOWEVER, that in the event Grantee elects to install utilities as hereinabove stated , without constructing an improved street right of way in conjunction therewith , then such utility easement shall be confined to a portion of the described property not to exceed twenty (20) feet in width , extending from S. W. Seventh Street to the northerly point of the described property. Grantor shall in such event have the right to designate and grant unto Grantee a substitute easement of similar size upon property adjoining the property hereinabove described, and further providing that any such substitute easement shall be reasonably suited for the installation and maintenance of utilities and be acceptable to Grantee . Grantee agrees to notify Grantor of the exact easement location on the abovedescribed property prior to the commencement of any work. Any such easement conveyed or to be conveyed unto Grantee shall be without cost . -2- f 3 . Grantor represents and warrants that it holds fee title to the abovedescribed property free from any encumbrances thereon. As long as the abovedescribed property is not subject to construction for street right of way and related purposes , Grantor shall have the right , in its ordinary course of business , to park automobiles within said street right of way and as long as said right of way t ) remains unimproved, such parking shall be considered proper compliance .40 cpby Grantor with the CITY' s present Code requirements for off-street Oparking facilities in connection with Grantor' s improvements on its CD qd- adjoining lands . i`- 4 . In the event that Grantee determines that the development and construction of said street right of way is unfeasible by reason of financial cost ,or any other valid reason, prior to the above termination date of May 1 , 1984 , then Grantee agrees to promptly notify Grantor of such decision , and Grantee agrees to make any sucl-termination in a timely fashion, giving due consideration to planning , financing and development plans . IN WITNESS WHEREOF said Grantor has caused this instrument to be executed by its proper officers and its corporate seal to be affixed this e-2C day of April , 1974 . CENTRAL PUGET , INC. ,--- < -1-7'-ei Euge e Horbach STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this ? ' day of April , 1974 , before me, the undersigned , a Notary Public in and for the State of Washington , duly commissioned -3- S and sworn, personally appeared EUGENE HORBACH , to me known to be 'N.40 the President of CENTRAL PUGET , INC. , the corporation that executed the foregoing instrument , and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the 1.1)O uses and purposes therein mentioned , and on oath stated that he is Q authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year firs'': `" ive written. R a N N al4 x; 11, qk p.,� _ �ot_r_ ' ' •lic in`an. or the State ,► of Washington, residing at Seattle ' 1 •\ , " -4- . , . . • . . . . . • , . , . , FILED for Record at Request oi . . . . tiLED for Retard at Fttkii 'vv' '''1 • ,, 4 - 1 4.eeer674, q. - ' „'' - • ..:..' .. . 0 0 T E CITY CLER '.. a1•21iImplis,a , pILL rtifa........ c-) r) RENTON, WASH. 98056 . , . . _. ..:,, • .• . .. , •••• '4.-.;:o. ,... L -,:)'-.) fr'Ilt - :. • ' -• C SIX1.1...') ': -',' '` •f..':'. .'.-.".1. • 7,:"•••- ' (J1 ; .... ‘. e: .'..::-..',..-_, , • CD .. • ...//, -...j Cr 6S i 14,1 / — • ' - cr, 17, -ri —4...ow ... ...- _ COMMUNITY SERVICES COMMITTEE REPORT MAY 13 , 1974 The Community Services Committee concurs in the recommendations of the City Attorney and Public Works Director for a modification of quit claim deed and a hold-harmless agreement from Pacific Coast Railroad Company , and a reduced setback to approximately 25 feet from the right-of-way on Lind Avenue S .W. for Central Puget, Inc. /'C/-/ Chairman William J . Grant Charles J. Delaurenti f S Kenneth D. Bruce WJG:mg • •