HomeMy WebLinkAbout1968 - Property Use and Development Agreement - Wingate RN'"-•`-
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ot. Tukwila;, "a: municipal, corporation: (herein Called "City ") , by
Mrs:
RN Wingate. •(herein• - called "Owner"),
WITH SS Th:
Yh ''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
La 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 corditions'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 cornll:r of the property; and to improve said 153d
Street along the north boundary of the property to
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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
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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 tbereof is invalid or void, such invalidity or voioness
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herein contained:.'''
xN WiTNSSS WHEREOF, this agreement is executed this
Tukwila, Washington.
Hrs. R_ tt:, Wingate _ • .. - .. , ~"
• any femme- b., be• the. indcridual._ _ dextibed in and who executed the witifn�
" - sei im;led «� 'as Ch.• • - she• her ,.� •
Rt'a• signed and Baled tie same as free and w!untarr at