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HomeMy WebLinkAboutOrd 0508 - Rezone Wingate Property to R-4 106 6 J �WILA a CITY OF TUK WILA WASHINGTON ORDINANCE NO. 508 5-65 An Ordinance amending the Comprehensive Plan of the City of Tukwila and reclassifying certain property from R -3 to R -4. 1. WHEREAS, the Owners of the following described property have petitioned the Planning Commission for an amendment to the Comprehensive Plan requesting reclassification of said property from R -3 to R -4; and 2. WHEREAS, public hearings on said petition were held before the Planning Commission and the City Council of the City of Tukwila and the City Council having received a favorable recommendation of the Planning Commission with respect to the aforementioned petition; and 3. 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 4. 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 S. 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 Comprehensive Plan of the City of Tukwila is hereby amended to include the following described real property, by plannfng the use of said property to be low apartments, and the following described real property is hereby classified as R -4 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the attached map showing said classification for the following described real property: "Tract 16, Interurban Addition to Seattle, according to Plat thereof recorded in Vol. 10 of Plats, page 56, records of King County, Washington." The City Clerk is directed to file a copy of this Ordinance and map with the City and County Auditor. PASSED by the City Council of the City of Tukwila this day of February, 1968. Approved as to Form: Attorney Attest: Clerk APPROVED by the Mayor of the City of Tukwila, Washington, this �9day of February, 1968. Mayor, City of Tukwila WO 107 TFi1 INSTRCTh Z I `executed 'this 'date: -in' favor of. Tukwila,. a municipa]2corporation_ (herein called "City by Mrs R. N. Wingate. (herein-called "Owner"),- WITNESSETH: WHEREAS, Owne is the owner' in fee simple of the follow- ing described property, hereinafter called the Property "Tract 16, Interurban Addition to Seattle, according to plat thereof; recorded in Vol. 10 of Plats, page 56, records of King County, Washington," located in Tukwila, King County, Washington; and WHEREAS, Owner has filed a petition to rezone the property to R -4; 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 R -4 is within the public health, safety and general welfare, and subsequently rezones the property to R -4; 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) To deed, without cost and without. reservation or restriction, to the City of Tukwila a strip of land 20 feet in width along the north boundary of the pro- perty to provide for the widening of South 153d Street to a standard street width of fifty feet along with sufficient land to provide a radius curve at the South- west corner of the property; and to improve said 153d Street along the north boundary of the property to City of Tukwila standards for a fifty foot wide street, including but not limited to filling, grading, paving and drainage of said street. (b) To deed; without cost and without reservation or restriction, to the City of Tukwila, a strip of land 5 feet wide along the western boundary of the property, to provide for the widening of 62nd Avenue South to a standard street width of fifty feet; and to improve said 62nd Avenue South along the western boundary of the property to, City of Tukwila standards for a fifty foot wide street, including but not limited to grading, paving and draining of said street. (c) To erect a six foot high decorative fence or screen plantings of equivalent height in a six foot strip along the easterly boundary of the property. (d) To comply with the above covenants and conditions within one year of the issuance by the City of a build- ing permit for construction of.a structure or struc- tures upon more than one fourth of the property, or upon the completion of such construction, whichever event occurs first. 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 Covenan- tor, 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 par- tition thereof is invalid or void, such invalidity or voianess shall contained.: IN W7AiESS WHEREOF, day of SIN for the W r conditions or this agreement is executed this 14 at Tukwila, Washington. 7 x:. t�sotML .8 DC3M 1 E:Wt 7 "3 1w4 a®iiAL. 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