HomeMy WebLinkAbout1977 - Property Use and Development Agreement - Ketcham William P / Ketcham Jr Henry H - 7709160706PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT, executed this date in favor of the City of Tuk-
wila, a municipal corporation in the State of Washington, (herein called
"CITY by William P. Ketcham and Henry H. Ketcham, Jr. (herein called
"OWNER
WITNESSETH:
WHEREAS, Owner is the owner in fee simple of the following de-
scribed property, hereinafter called the "PROPERTY
Lot 18, Interurban Addition to Seattle,
according to plat recorded in Volume 10
of Plats, Page 55, records of King County,
Washington,
located in Tukwila, King County, Washington; and
WHEREAS, Owner desires to dedicate a right -of -way and said im-
provements upon said right -of -way; and
WHEREAS, the City is desirous that a street be constructed and
improved to City Standards for the general use by the public in accordance
with this Property Use ana Development Agreement, herein called the "AGREE-
MENT";
NOW, THEREFORE,
1. The Owner hereby covenants, bargains and agrees to the
following covenants and conditions on behalf of himself, his
heirs, successors and assigns:
a. To deed, without cost and without reservation or
restriction, to the City of Tukwila a strip of land 30 feet in
width along the south boundary of the subject property. This
30 foot strip will be combined with a 20 foot strip deeded to
the City by the property owner directly South of 153rd and will
provide a street 50 feet wide. The OWNER will pay the cost for
filling, grading, paving and drainage on only the 30 foot strip
that the OWNER deeds to the City. However, the OWNER will co-
operate with the property owners on the South of 153rd, as they
fill, grade and pave the 20 foot strip that they deed to the City.
The subject property will not be deeded to the
City until such time as improvements are completed and accepted
by the City to City Standards.
c. To pay an equitable share of, not only the improvement
of the street, but all costs arising out of the modification of the
intersection of 62nd Avenue South and South 153rd Street to provide
for adequate sight distance and any other changes deemed necessary by
the City for the protection of the public safety.
d. To comply with the above covenants and conditions no
later than when the adjacent property south of South 153rd Street
is required to be developed in accordance with the terms and condi-
tion of the Property Use and Development Agreement dated February 5,
_D 1968, between the City and Mrs. R. M. Wingate, recorded under King
County Auditor's File No. 6318166 and attached hereto as Exhibit A
CD
and incorporated herein as though fully set forth.
e. As an interim measure, prior to improvement and dedica-
r tion of the 30 foot strip identified in section la above, the owner
grants a public access easement over said land: This agreement binds
the owner to the above referenced easement.
SIGNED THIS DAY OF 1977.
CITY OF TUKWILA OWNER
2 71P/(
By:
ATTEST:
By:
b. To remove the direct access parking lot located near the
southeast corner of said Lot 18 which street is improved.
2. This Agreement shall be effective immediately and recorded in
the records of King County Department of Records and Elections and the
covenants herein shall be deemed to attach to and run with the land and
shall be binding upon the Covenantor, his successors and assigns.
3. The City may institute and prosecute any proceedings at law
or equity to enforce this Agreement, and Owner agrees to pay reasonable
attorney's fees expended by the City for such enforcement proceedings.
4. It is further expressly agreed that in the event any covenant,
condition or restriction hereinabove contained or any partition thereof
is invalid or void, such invalidity or voidness shall in no way affect
any other covenants, conditions or restrictions herein contained.
ar D. Bauch, Mayor
axine Anderson, City Clerk By:
By: William P. Ketcham, a single man
ATTEST:
C
7
By: Naky K. 1 'etcham, his wife
V' 1 i t