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HomeMy WebLinkAboutRes 0869 - Development Agreement Amendment - Parking (Lloyd and Lena Hartong) RESOLUTION NO. 869 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AMENDING A DEVELOPERS AGREEMENT FOR PARKING FROM LLOYD E. AND LENA G. HARTONG. WHEREAS, Mr. and Mrs. L. Hartong have asked Council to amend the Developer's Agreement to reduce the area of parking lot reserve, and WHEREAS, the request is consistent with site plan approval by the Board of Architectural Review under the Interurban Special Review District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO RESOLVE AS FOLLOWS: The Tukwila City Council hereby accepts the amended Developers Agreement recorded under file number 810825012 and executed by Lloyd E. and Lena G. Hartong. The agreement reduces the area of parking lot reserve from 72 to 69. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 6th day of June 1983. Note: WHEREAS, the grantors, LLOYD E. HARTONG and LENA GRACE HARTONG, husband and wife, are the owners of certain real property situate in the State of Washington, County of King, and more particularly described as follows, to -wit: and This Deve llers Agreement is an amennt of Developers Agreement executed by Lloyd E. and Lena Grace Hartong and filed with King County Records under #8108250512. DEVELOPERS AGREEMENT The South one -half of Lots 34, 35, 36 and 37, Block 17, of HILLMAN'S SEATTLE GARDEN TRACTS, as per plat recorded in Volume II of Plats, page 24, records of King County, Washington; I Auditor's File No. 7803280705; and (hereinafter "the Property and WHEREAS, the Property has been redesignated Lot A, Lot B, and Lot C upon Short Plat No. 77 -60, which Short Plat has been recorded by the King County Auditor under King County UD WHEREAS, the grantors have made application to the City of Tukwila, Washington, a municipal corporation of the State of Washington, for a permit to construct a building upon Lot A of such Short Plat No. 77 -60; and WHEREAS, the City of Tukwila is unwilling to issue such building permit unless it be adequately assured that each of Lot A, Lot B and Lot C of such Short Plat No. 77 -60 will at all times and despite their lack of common ownership, be adequately served with ingress, egress, utilities and parking; WHEREAS, that portion of the Property described as the West 13 feet of the South 99 feet of Lot 35 and the East 12 feet of the South 99 feet of Lot 36 appears adequate to provide ingress, egress and utilities to each of Lots A, B and C of Short Plat No. 77 -60; and WHEREAS, the Northerly 69 feet of Lot C appears adequate to provide parking service for all of Lots A, B and C of Short Plat N 77 -60; aes 4 C: DAY JUL I iv 23 Y4+ ilLCCRil':) Q Et. LC; t ;�J KIN(? COUNTY NOW, THEREFORE, for and in consideration of the issuance by the City of Tukwila of a permit for the construction of a building upon Lot A of Short Plat No. 77 -60, the grantors do hereby give, grant, convey, dedicate and quitclaim unto the City of Tukwila and to the future heirs, successors and assigns of their respective interests in Lots A, B and C of Short Plat No. 77 -60 a mutual and reciprocal easement for ingress, egress and utilities over and upon the West 13 feet of the South 99 feet of Lot 35 and the East 12 feet of the South 99 feet of Lot 36, and a mutual and reciprocal easement for purposes of parking upon the Northerly 69 feet of Lot C of such Short Plat No. 77 -60; and the grantors do hereby rr ti O irrevocably covenant with the City of Tukwila, a municipal H corporation of the State of Washington, as a covenant running CD c^7 with the land, and as an irrevocable and perpetual equitable QD servitude upon the land, as follows with respect to their right, title and interest in and to the Property: 1. Any sale, device or other alienation of Lot C of such Short Plat No. 77 -20 shall be subject to a mutual and reciprocal easement for ingress, egress and utilities over and upon the West 13 feet of the South 99 feet thereof, which easement shall be appurtenant to Lots A and B of such Short Plat No. 77 -60, and shall be further subject to an easement upon the Northerly 69 feet of such Lot C for parking purposes, which easement for parking shall be appurtenant to Lots A and B of such Short Plat No. 77 -60 and shall include an easement over the Easterly 12 feet of Lot A for purposes of ingress, egress and utilities; and 2. Any sale, devise or other alienation of Lot A shall be subject to an easement for purposes of mutual and reciprocal ingress, egress and utilities over the Easterly 12 feet thereof, which easement shall be appurtenant to Lots B and C of such Short Plat No. 77 -60, and shall include an easement over the Westerly 13 feet of the South 99 feet of Lot C of such Short Plat No. 77 -60 for ingress, egrees and utilities and shall include an easement for parking purposes over and upon the Northerly 69 feet of Lot C of such Short Plat No. 77 -60; and 3. Any sale, device or alienation of Lot B of such Short Plat No. 77 -60 shall include an easement for purposes of ingress, egress and utilities over the Easterly 12 feet of Lot A and over and upon the Westerly 13 feet of Lot C of such Short Plat No. 77 -60 and shall include an easement for parking purposes over and upon the Northerly 69 feet of Lot C of such Short Plat No. 77 -60. DATED this 60 day of 1983. STATE OF WASHINGTON County of King On this day personally appeared before me LLOYD E. HARTONG and LENA GRACE HARTONG, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary acts and deeds, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 6 day of 1 r��c� 1983. LLOYD E. 4ARTONG LENA GRACE HARTONG Notary Public in and for the State of Washington; residing at Tukwila.