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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 Please print or type information 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 • 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 • • • 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 S5 /03/boo(1 G. 541 . gs. zl 7. O / • • • 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 • 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► • • • • 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 c— o cv rn rn rn • • 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 • Z ALH/SURV. 34 Lf 30 Lit' � c;J .J+O•Y S 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 • ALH/SURV.s�z z � ALH/SUR 34 ' :100 J 4.4), "A LM