HomeMy WebLinkAbout9508020353 STATUTORY WARRANTY DEED 080295t ~ WHEN RECORDED,, TURN Td:
AUG ) s 1995 a
CITY OF AUBURN QTY OF AU801(,V
25 West Main Street CU.Tjs d
Auburn, WA 98001.4998 ,
Attn: City Clerk
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OTATUTORY WARRANTY DEED
C12 The Grantor, WASHINGTON SUPERMALL INTERESTS L.P., a Delaware
O limited partnership, as a gift and for no consideration, conveys m
9D and warrants to the CITY OF AUBURN, WASHINGTON, the Grantee, the
;n real estate described on Exhibit A attached hereto, situated in
C1 the County of King, State of Washington,-subject to all matters 00
of record and to the matters described on Exhib t attached a
hereto, so long as said real estate is used for public street or v)
right-of-way purposes. If at any time said real estate shall
cease to be used for public street or right--of-way purposes, then,
the estate of the Grantee automatically shall terminate and title
p automatically shall revert to the Grantor. The following shall m;
not be considered cessation of use for public street or right-of-
way purposes: temporary closures for maintenance, repair, or
replacement of the street or right-of-way improvements; temporary
closures for emergencies; temporary closures for the protection
of the public health and safety; and other closures for any
r J period of thirty (30) days or less.
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28229\4\00173,DE0/7,12.95
Seattle
Dated this day of July, 1995.
WASHINGTON SUPERMALL INTERESTS L.P., a
Delaware limited partnership
By HAPSMITH DEVELOPMENT
California corporation,
By
Address:
EXHIBITS:
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Legal Description
Description of Exceptions to Title
28229\4\00173.DED/7.12."
Seattle
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STATE OF WASHINGTON
COUNTY OF KING
ss.
on this _J# day of ldi±::~ , 1995, before me, a
Notary Public in and for the(/St&10 of Washington, personally
appeared JEFFREY OLIPHANT, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person who
signed the instrument; on oath pt-a-ped t 4t he was authorized to
execute this instrument as the 0
.A , of HAPSMITH
DEVELOPMENT CORPORATION, a California corporation, the
corporation that executed the instrument; acknowledged the said
instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on
oath stated that he was duly elected,. qualified, and acting as
said officer of the corporation; that said corporation is the
agent of WASHINGTON SUPERMALL INTERESTS; L.P., a Delaware limited
partnership; that said corporation was authorized to execute the
said instrument 0-- ",of said partnership; and that said
instrument was .ar'~fd, voluntary act and deed of said
partnership fob ,a purposes therein mentioned.
IN WITNES
Gaul th= day $r la:
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NOTARY PUBLIC
of Washington,
My appointment
Print Name _J-
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` 206323?135 8. R. H. F'-903 T-?17 P-0012 JAN 13 '95 13:02
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BUSH, ROED do H]TCHINGS, D4C.
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A. to, WSMITH COMPANY
SUPERMALL
WILLIAM A. HICROX, P.L.S.
} BRH JOB NO. 93083-04
DECEMABR 14, 1994
THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.X., IN KING COUNTY, WASHINGTON, AND OF LOT
29, AUBURN 400 CORPORATE PARK DIVISION I, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 128 OF PLATS, PAGES 97 THROUGH 991
RECORDS OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 29, THENCE SOUTH
01021150" BAST 317.87 FEET ALONG THE WEST LINE THEREOF TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS
OF 314.54 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH
59006031" EAST);
THENCE NORTHEASTERLY AND NORTHERLY 177.07 FEET ALONG SAID CURVE
THRO= A CENTRAL ANGLE OF 32015119" TO A POINT OF TANGENCY ON THE
EAST LINE OF THE WEST 48.54 FEET OF SAID LOT 29;
THENCE NORTH 01021+50" NEST 474.21 FEET ALONG SAID EAST LINE AND ITS
NORTIRLY PROLONGATION;
THENCE SOUTH 88038110" WEST 48.84 FEET TO THE NORTHERLY PROLONGATION
OF THE EAST LINE OF TRACT "A", SAID PLAT;
THENCE SOUTH 01021150" BAST 324.21 FEET ALONG LAST SAID PROLONGATION
AND EAST LINE TO THE POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 28,540 SQUARE FZXT, MORE OR
LESS.
SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON.
Exhibit B
1. EASEMENT AND VOTES AS SHOWN ON THE FACE OF THE PLAT OF AUBURN "400"
CORPORATE PARK DIVIS-ON I AS FOLLOWS:
All lots subject to a 7.5 foot utility easement on anv ;ot line
coincident with the street margin.
Quadrant, as owner of that: certain property which lies north of and
abuts Lots 34 and 35, Division I, Auburn 400 Corporate Park, hereby
covenants and agrees, on behalf of itself and its successors and
assigns tc any tract or lot subsequently platted `--hat abuts the
northerly boundaries of Lots 34 and 35, Division Auburn 400.
Corporate Park (the abutting properties) that the owners of the
abutting properties shall construct a public street within the
60-foot easement over and across Lots 34 and 35 to City of Auburn
standards, from the northerly lot line of Lots 34 and 35 to
Fifteenth Street Southwest, if and when required by the City of
l!~ Auburn.
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G AFFECTS: That portion of said premises within
said plat
02. Covenant to maintain, repair, restore and replace, at sole cost and
expense, water line, power line and pedestrian walkway. Easements
for which were granted over other property by instrument recorded
under Recording Number 9312012065 and by First Amendment recorded
under Recording Number 9501100688.
3. RECIPROCAL ACCESS EASEMENT AND THE TERMS AND CONDIT=ONS REFERENCED
THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
BY AND BETWEEN: The Quadrant Corporation and
Washington Supermall Interests, L.P.
PURPOSE: Access, ingress, egress and utilities
AREA AFFECTED: Said premises and other property
RECORDED: December 1, 1993
RECORDING NUKBER: 9312012066
Said instrument was amended by first and second amendments recorded
under Recording Numbers 9408101749 and 9501100689, respectively.
(continued)
I
Exhibit B
4. REC=.=RCCAL ACCESS EASEMENT AND THE TERMS AND COND:TIONS REFERENCED
THEREIN, INCLUDING, BUT NOT 'LIMITED TO, THE FOLLOWING:
BY ~dND BETWEEN,: The Quadrant Corporation and
Was::inaton Suoermall interests, L.P.
PURPOSE: Incress, egress and utility purposes,
including all necessary and
convenient appurtenances theretc
AREA AFFECTED: Portions of said premises and other
prcperty
RECORDED: December 1, 1993
V11 RECORDING NL"MBER: 9312012068
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c+~ The description contained therein is not sufficient to determine its
exact iccation within the property herein described.
X Said instrument was amended by First Amendment recorded under
G Recording Number 9501100690.
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5. EASEMENT AND THE TERMS AND CONDIT10INS REFERENCED THEREIN, INCLUDING,
BUT NCT LIMITED TO, THE FCLLOWING:
GRANTEE: The Quadrant Corporation, a
Washington corporation
PURPOSE:
Collecting and transporting surface water runoff from Quadrant's
property in she Drainage Facilities and discharging, retaining and
detaining said-surface water runoff from Quadrant's property in the
Detention Pond, together with the right of reasonable access to the
Detention Pond and Drainage Facilities
AREA AFFECTED: Said premises and other property
RECORDED: December 1, 1993
RECORDING NUMBER: 9312012069
The description contained therein is not sufficient to determine its
exact location within the property herein described.
Said instrument was amended by First Amendment recorded under
Recording Number 9501100691.
(continued)
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Exhibit B
6. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE:
PURPOSE:
AREA AFFECTED:
A right-of-way 20 feet in width having ten (10) feet of such width
on each side of a centerline described as follows: The centerline
of Grantee's facilities as constructed or to be constructed,
extended or relocated, lying within said premises and other property
DATED: February 25, 1994
RECORDED: March 24, 1994
RECORDING NUMBER: 9403240799
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7. Covenant that cost of maintenance of easement for sign will be a
common expense of the non-profit association of owners as
established by Declaration recorded under Recording No. 8610160420.
The easement for which'was granted over other property by instrument
recorded under Recording Number 8912191200.
8. RESTRICTIONS CONTAINED ON THE FACE OF THE PLAT OF AUBURN "400"
CORPORATE PARK DIVISION I AS FOLLOWS:
No lot or portion of a lot in this plat shall be divided and sold or
resold, or ownership changed or transferred whereby the ownership of
any portion of this plat shall be less than the area required for
the use district in which it is located.
AFFECTS:
Puget Scund Power & Light Como_any, a
Washington corporation
An underground electric distr_bution
system
That portion of said premises within
said plat
9. EASEMENTS, RESTRICTIONS, COVENANTS AND AGREEMENTS CONTAINED IN
MEMORANDUM OF LEASE, AS HERETO ATTACHED:
DATED: April 15, 1994
RECORDED: April 21, 1994
RECORDING NUMBER: 9404210439
AFFECTS: Said premises and other property
(continued)
Exhibit B
10. RESTRICTIONS, EASEMENTS AND LIABILITY TO ASSESSMENTS CONTAINED IN
DECLARATION OF PROTECTIVE RESTRICTIONS, EASEMENTS AND ASSESSMENTS,
AS HERETO ATTACHED:
DECLARATION DATED: August 6, 1986
RECORDED: October 16, 1986
RECORDING NUMBER: 8610160420
AFFECTS: Said premises and other property
Said instrument is a re-recording of instrument recorded under
Recording Number 8608181072. V
AMENDMENT A.ND/OR MODIFICATION OF SAID RESTRICTIONS, AS `-iERETO
ATTACHED:
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RECORDED:
RECORDING NLYBER:
March 31, 1987
April 16, 1987
8704160520
AMENDMENT RIND/OR MODIFICATION OF SAID RESTRICTIONS, AS HERETO
ATTACHED:
DA'T'ED : '
RECORDED:
RECORDING NUMBER:
May 1988
May 19, 1988
8805191015
Said restrictions supersede those recorded under Recording Numbers
8412280479 and 8508190936.
11. RESTRICTIONS CONTAINED IN INSTRUMENT, AS HERETO.ATTACHED:
RECORDED:
RECORDING NUMBER:
May 18, 1994
9405180524
12. RESTRICTIONS, EASEMENTS AND LIABILITY TO ASSESSMENTS CONTAINED IN
DECLARATION OF RECIPROCAL EASEMENTS AND CONSTRUCTION AND OPERATION
RESTRICTIONS, AS HERETO ATTACHED:
DATED :
RECORDED:
RECORDING NUMBER:
December 21, 1994
January 10, 1995
9501100696
13. EASEMENTS AND'RESTRICTIONS CONTAINED IN DECLARATION OF RECIPROCAL
EASEMENTS AND CONSTRUCTION AND OPERATION RESTRICTIONS, AS HERETO
ATTACHED:
DATED: January 1995
RECORDED: January 10, 1995
RECORDING NUMBER: 9501100698
(continued)
Exhibit B
14. AGREEMENT AND THE TERMS AND CONDI'T'IONS THEREOF:
BY AND BETWEEN:
The Quadrant Corporation, a Washington corporation; and the City of
Auburn; a municipal corporation
DATED: October 5, 1981
RECORDED: November 4, 1981
RECORDING NUMBER: 8111040539
AFFECTS: Said premises and other property
REGARDING:
City is to make street improvements and provision is made for
payment of such street improvements.
Said agreement was amended by instruments recorded under Recording
Numbers 8111250875 and 8112170643.
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15. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN:
The Quadrant Corporation, a Washington corporation; and City of
Auburn, Washington, a municipal. ccrooration
DATED: October 26, 1982
RECORDED: December 29, 1982
RECORDING NUMBER: 8212290526
AFFECTS: Said premises and other property
REGARDING:
Deferment of the constructio
required street lights until
the City of Auburn and owner
a local improvement district
install street lights.
a or payment for the construction of the
sometime in the future as required-by
agrees not to protest the formation of
and to participate in said L.I.D. to
Said agreement was also recorded under Recording Number 8411071Q34.
16. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN: City of Auburn, a municipal
corporation; and The Quadrant
Corporation
DATED: March 18, 1985
RECORDED: May 9, 1985
RECORDING NUMBER: 8505090661
REGARDING: Landscape maintenance
AFFECTS: Said premises and other property
(continued)
Exhibit B
17. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN:
The Quadrant Corporation, a Washington corporation; and Washington
Supermall ;nterests L.P., a Delaware limited partnership
DATED: December 1, 1993
RECORDED: December 1, 1993
:RECORDING NUMBER: 9312012067
:AFFECTS: Said premises and other property
REGARDING:
Option to obtain easement upon West Ring Road, and upon exercise of
said option, simultaneous grant of easement upon proposed East Ring
Road
Said agreement was amended by First Amendment recorded under
R.ecordina Number 9501100692.
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18. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BY AND BETWEEN: '
Washington Supermall Interests L.P., a Delaware limited partnership;
and the City of Auburn, Washington, a Washington municipal
corporation
DATED: April 13, 1994
RECORDED: April 27, 1994
RECORDING NUMBER: 9404271516
AFFECTS: Said premises and other property
REGARDING:
Development of the property in accordance with terms of Ordinance
Numbers 4627 and 4649 of the City of Auburn
19. AGREEMENT AND THE TERMS AND CCNDITIONS THEREOF:
BY AND BETWEEN:
City of Auburn, a municipal corporation and Washington Superman
Interests L.P., a Delaware Limited Partnership
DATED: December 21, 1994
RECORDED: January 24, 1994
RECORDING NUMBER: 9501240674
REGARDING:
Agreements to facilitate the operation of the businesses operating
upon Supermall premises
(continued)
Exhibit B
20. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR
BY DEED --0 STATE OF WASHING-'ON:
RECORDED: August 12, 1970
RECORD=NG NUMBER: 6681764
21. RELINQUISHMENT OF STATE HIGHWAY AND OF LIGHT, VIEW AND AIR
BY DEED TO STATE OF ;vAS::INGTON :
RECORDED: March 18, 1971
RECORDING NL7MBER: 710.180362
22. Right of the pubic tc.make necessary slopes for cuts or fills.upon
said premises in the reasonable original grading of streets,
avenues, alleys and roads: as dedicated in the plat of Auburn 11400"
Corporate Park Divis_cn
AFFEC'T'S: That portion of sa_a premises within
sa_d b: at
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