HomeMy WebLinkAboutOrd 0567 - Rezone Kasperson Property to M-1 6557633 VOL 143 PACE 209
100
co CITY of TUK
WASHINGTON
ORDINANCE NO. 567 w 7
AN ORDINANCE amending City of Tukwila
Ordinance 251 and reclassifying certain
property within the City of Tukwila
from R -1 to M -1.
WHEREAS, the owners of the following described property have
petitioned the Planning Commission requesting reclassification of said
property from R -1 to M -1 in conformance with the Comprehensive Plan,
and
WHEREAS, a public hearing on said petition was held before
the Planning Commission and the City Council has received a favorable•
recommendation of the Planning Commission with respect to the afore-
mentioned petition, and
WHEREAS, the Owners of said property have executed a Property
Use and Development Agreement in favor of the City of Tukwila which has
been filed with the City and which is made by reference a part of this
Ordinance, and
WHEREAS, the City Council finds the covenants and conditions
entered into by the Owners of the said property in said Property Use
and Development Agreement are for the protection and benefit of the
public generally and the public welfare in particular, and
WHEREAS, the City Council finds the subject reclassification
to be within the public health, safety, and general welfare.
NOW, THEREFORE, the City Council of the City of Tukwila do
ordain as follows:
The following described real property is hereby classified as M -1
in accordance with the Comprehensive Plan of the City of Tukwila and
the City Council hereby adopts the attached map showing said classifi-
cation for the following described real property:
Parcel A
That portion of the Southeast 4 of the Southwest of Section 26,
Township 23 North, Range 4 East W.M., described as follows:
Beginning at the Southwest corner of said Southeast 4 of the
Vol 143 FACE 21.O
Southwest of Section 26; thence North 00 0 50'36" East along the
West line of said Southeast of the Southwest 4 a distance of 819.
feet; thence North 85 °08'34" East a distance of 160.64 feet;
thence North 40 °10'04" East a distance of 75.97 feet;
thence North 76 °18'46" East a distance of 50.90 feet;
thence North 64 °13'58" East a distance of 181.90 feet;
thence North 76 °47'13" East a distance of 130.27 feet;
thence South 86 °33'41" East a distance of 81.41 feet to the
Westerly margin of 57th Avenue South;
4? thence South 01 °08'35" West along said Westerly margin a distance
of 0.89 feet; thence Southerly along said Westerly margin and along
a curve to the left having a radius of 985.37 feet, an arc distance
of 225.90 feet through a central angle of 13 °08'08 thence South
11 °59'33" East along said Westerly margin a distance of 832.10 feet
to the South line of said Southeast 4 of the Southwest thence
North 87 West along the South line of said Southeast of the
Southwest 4 a distance of 837.29 feet to the true beginning; EXCEPT
that portion deeded to the City of Tukwila under Auditors File
#6343862, #6343863, #6343865, #6343866, #6343867.
Parcel B
That portion of the Northeast of the Northwest of Section 35,
Township 23, Range 4 East W.M., described as follows:
Beginning at the Northwest corner of the Northeast 4 of the Northwest
of said section 35; thence South 87 0 45'57" East along the North
line of said Northeast of the Northwest a distance of 837.29 feet
to the Westerly margin of 57th Avenue South; thence South 11 0 59'33"
East along said Westerly margin a distance of 1007.07 feet; thence
North 87 °45'57" West a distance of 344.58 .feet; thence North 52 °44'03"
West a distance of 900.00 feet to the West line of said Northwest
thence North 01 °49'41" East along the West line of said Northeast
of the Northwest a distance of 459.57 feet to the true point of
beginning; EXCEPT that portion deeded to the City of Tukwila under
Auditors File #6343846, #6343847, #6343848, situated in the City of
Tukwila, County of King, State of Washington.
The City Clerk is directed to file a copy of this Ordinance and map
with the County Auditor.
/J PASSED by the City Council of the City of Tukwila, Washington this
wb day of 1969.
r LJ
L•�` 1 MAYOR
N.f r P
5;•:4 4 P
�.r`� '._a ATTEST:
s. r
ft N
;41 ;4. CLERK
'r'1CK
fV ter N
APPROV$rTO FO'
"CI ATTORNEY
ea tor Re oz8 19ft.� /D rK,
Request o
or T /MORRIS, County Auditof
PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT executed this date in favor of the City
of Tukwila, a municipal corporation (herein called "City by
Stanley N. Kasperson, Trustee, (herein called "Owner
WITNESSETH:
WHEREAS, Owner is the owner of property located within
the city limits of Tukwila, King County, Washington, more partic-
ularly described in Exhibit "A" attached hereto and incorporated
by this reference; and
WHEREAS, Owner has filed a petition to rezone the property
to M -1; and
WHEREAS, the City Planning Commission has recommended to
the City Council that the property be rezoned only upon execution
of a Property Use and Development Agreement, substantially in the
form hereof, herein called "Agreement" and that otherwise the
petition should be denied;
NOW, THEREFORE,
1. In the event the City finds that reclassification of
the property to M -1 is within the public health, safety and general
welfare, and subsequently rezones the property to M -1; then the Owner
in consideration thereof and for so long as the property remains so
classified, hereby covenants, bargains, and agrees to the following
covenants and conditions on behalf of himself, his heirs, successors
and assigns:
(a) Setbacks. 15 feet on front and side yards, and
five feet on rear yards.
(b) Parking. Paved area, with a minimun of one stall
per 1000 square feet of building, or one stall for every two
employees or visitors, whichever shall be greater.
�_
(c) Landscaping. As sites are developed, it shall be
required that the 15 feet adjacent to the curb on Southcenter
Parkway be landscaped, and all of the remaining portion of said
site not covered by building or paved parking shall have a
ground cover or landscaping to prevent wind and water erosion of
the earth; the design of the landscaping and ground cover shall
conform to similar standards as adopted for Southcenter Indus-
trial Park. All areas shall be maintained in a neat and
orderly manner, to complement the parklike standards achieved by
adjacent CM development.
(d) Storage. If storage is not confined to the west part
of the site, and behind a building, then said storage area shall
have a slotted screening fence or densely planted landscape at
least 10 feet high; any storage not to exceed an average of 10
feet in height.
(e) Architectural Control. The architectural control
requirements of CM use area shall apply, along with the signing
covenants applicable in Andover Industrial Park.
2. This agreement shall be recorded in the records of
the King County Auditor 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. All building, occupancy and
use permits hereafter applied for or issued shall be subject to the
terms, conditions and limitations of this agreement.
3. The City may institute and prosecute any proceedings
at law or equity to enforce this agreement and the City shall be
entitled to reasonable attorney's fees for such enforcement pro-
ceedings which may be imposed as a charge against said property.
4. It is further expressly agreed that in the event any
covenant, condition or restriction hereinabove contained or any par-
tition thereof is invalid or void, such invalidity or voidness shall
in no way effect any other covenants, conditions or restrictions
herein contained.
5. That partial waiver or waiver by acquiescence by the
City of any covenant or condition or restriction of this agreement
shall not be a waiver of any other covenant, condition or restriction
-2-
of this agreement.
IN WITNESS WHEREOF, this agreement if executed this
day of July, 1969, at Tukwila, Washington.
r i 4/ t `'1 j '2 /ZJ -z- r
State of Washington
ss.
County of King
On this 21st day of July,1969, before me, the undersigned, a Notary
Public, duly commissioned and sworn, personals appeared Stanley N. Kasperson,
Trustee, to me known to be the individual described in and who executed the
foregoing instrument, and acknowledged to me that he signed and sealed the
said instrument as his free and voluntary act and deed for the uses and
purposes therein mentioned.
„WITNESS my hand and official seal hereto affixed the day and year
-5,' -thi sexy ..ficate above written.
r,.y,,I
1 h !l �'�LL L e
r^
Notary Public in annd for the State of
Washington, residing at Seattle
1
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aNI L A
Stan D. Minkler, Mayor
[TY F TU LA
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WASE4116'1GTON 9896 7
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EXHIBIT "A"
/Jrcei A
Th;" rflrlion ef the .;o111 or the :;onthkrun: cF Ofl
Tounnhip Norn,
!0! the corner nr 5:xid of the
Southwet 5 ot Section 26; thence North 00 50'6" ioot alonu the
t 1ine of naid :Thutheast Sonthwt di:...t;:nco. or 819.01
feet; .1 igoy: t,h 85 (1t„ince 01' 1 60. J'9 4 c,
thonco North 40 10'04" Yant a din.anr of 75.w
tiionco Norn 7618'1 En.ot dir.th.nee of 50)0 .rUe L;
thence North 64513 58" Eant n disthnce of 181.y0 foot;
thence North 76;47 East a distance of 130.27 f'et;
thence 86 Ea5t a (Pistance of 81.1,1 feet to .the
Westerly of 57th Avenue L-611
o
thence South 01 08 West nJ000 said Nesturlv lar0 j.0 0 (10 5t14100
of 0.89 foot; thence r.'
o curve to thu :left hayi•nr a radlss of 9.15.7x, hrc sce
o1 hhnonrh 0": nvu :;nu.111
P 1•!cntur]y 5 :1 0 ckn1, nuo o 82:'.1° tce!..
to the South :line of said of the th6nce
North 87"45v571 West laon5; tho ',.os.th line of s SesLheast ol the
Southwest 1 a distsnce or 827.29 feet to the tru be
Olio L per Lion deede th the Citj of 'Nkwiln. und(:r /762862,
#634363,
Parcel B
That portion o1. the Northeast of the Northwe5t Sootioh 35 ,Town-
ship 23, Rang) 4 East W.M., described as follows:
Hegihninu, at the Northwest corner of the Northe. of the Northwest
of said :7,ection 35; thence South 87 1 .'1.nt, :t7 the North line
of said Northeast of of the Northwert 5 a disti:nce, of o37.29 eet to the
WesterIy 110u0T1l1 of 57th Avenne :3onth: thence :;o),Uh 1159
sidd 1 marr,.in o, dietarwe 0 1(07.0/ 1:c.H„h 27 1,4
Unf31 n 21J;t:I.n of :3) feet.; then. :Jorth 2) :1100
of 900.00 feet to the West line of said Northwes
East alonr the West line of said Northeast 5 o t!,c :;orthwef;t L a
djstano c)c 1159..57 11 tho trile p6illt o herinr.ip ;,ortjon
ieeded to 1 0 (!i ly o4 H:wi t1 1,1 011 3. 0, 68/7,
634:38) niLuat,o in thu nty o.2 Tukwit.n., Littu of
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