HomeMy WebLinkAbout1977 - Property Use and Development Agreement - Kellogg David Neel / Kellogg Laura J - 7707190887PROPERTY USE AND DEVELOPMENT AGREEMENT
The CITY OF TU.KWILA, Washington, a municipal corpora-
tion (hereinafter referred to as "CITY and DAVID NEEL
KELLOGG and LAURA J. KELLOGG, husband and wife (hereinafter
referred to as "OWNERS agree as follows:
1. OWNERS own in fee simple the following described
property (hereinafter referred to as the "property
That portion of Tract 15, Fostoria Garden
Tracts, according to Plat thereof recorded
in Volume 9 of Plats, Page 95, Records of
King County, Washington, described as
follows:
real
Beginning at the northeast corner of said
Tract 15, thence North 49 °43'00" West 15
feet to the true point of beginning; thence
South 40 °17'00" West 119 feet; thence North
49 °43'00" West 130 feet; thence North 40 °17'00"
East 119 feet; thence South 49 °43'00" East
130 feet to the true point of beginning
located in the City of Tukwila, King County, Washington.
2. OWNERS wish to develop their property and have ap-
plied for various permits to construct a warehouse and other
improvements on OWNERS' property.
3. CITY and OWNERS recognize that OWNERS' property
has water drainage problems. CITY and OWNERS recognize that
contiguous to OWNERS' property is an open ditch on South 134th
Street, as well as a storm drain facility on South 133rd Street.
As development is made on OWNERS' property, as well as on other
property in the area, a storm drain facility will be required
in the general vicinity of South 134th Street to handle the
water drainage problem and it may be used in conjunction with
the existing storm drain facility along South 133rd Street.
OWNERS agree to pay their equitable and fair share
of the costs of the construction of any storm drain facility
which may be constructed to handle water drainage problems
relating to their property. In the event that a local improve-
ment district is created for construction of such a facility,
OWNERS shall pay their equitable and fair share of the costs of
such an LID. In the event that another method of financing
the construction is used by the CITY, OWNERS agree to pay their
equitable and fair share of such construction costs.
5. This Agreement shall be recorded in the records
of the 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 OWNERS, their heirs, suc-
cessors and assigns.
6. In the event that the CITY is required to employ
attorneys to enforce any provision of this Agreement, or to
institute proceedings at law or in equity, OWNERS agree to pay
any and all reasonable attorney's fees expended by the CITY
for such action and any costs incurred by the CITY.
7. In the event any covenant, condition or restriction
hereinabove contained, or any portion thereof, is invalid or
void, such invalidity or voidness shall in no way affect any
other covenants or restrictions herein contained.
IN WITNESS WHEREOF, this Agreement is executed this
day of July, 1977, at Tukwila, Washington.
CITY OF TUKWILA
ATTEST:
Maxine Anderson, City Clerk
Edg.�.: D. Bauch, Mayor
David Neel Kellogg
Laura J. Kellogg
GIVEN under my hand and official seal this
,v' °July;: 1977
STATE OF WASHINGTON
ss.
COUNTY OF K I N G
On this day personally appeared before me DAVID NEEL
KELLOGG and LAURA J. KELLOGG, to me known to be the individuals
described in and who executed the within and foregoing instru-
ment, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein
mentioned.
Notary P in end for the
State_o€ Washington, residing at
day of