HomeMy WebLinkAbout14-087 - Orcas Homes - Payment in Lieu of Frontage ImprovementFP :OR
AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA
AND ORCAS HOMES LLC
FOR PAYMENT IN LIEU OF FRONTAGE IMPROVEMENT
This Agreement is made and entered into this 11day of June, 2014, by and between the
CITY OF TUKWILA ( "City "), a non - charter, optional code Washington municipal corporation,
and ORCAS HOMES LLC, a Washington limited liability company ( "Developer "), having a
place of business at 340 ( liA1I N I SSL. Ave * • E A ` Le IAA. 9 Bt
I. RECITALS
WHEREAS, the Developer would like to develop Dunbabin (a.k.a.Landfair - phase 2), 4
Lot Short Plat at 1062 33rd Avenue South, Tukwila, Washington and proposes to dedicate a
right -of -way return at the intersection of 34th Place S. and 33rd Avenue South and a 10 -foot wide
public sidewalk and utility easement along the entire frontage of 33rd Avenue S.; more
particularly described by the legal descriptions contained in Attachment A, attached hereto and
incorporated by reference; and
WHEREAS, all roadway design in the City shall meet the design guidelines and
requirements in the Transportation Element of the Comprehensive Land Use Pan, other
applicable subarea plans and the requirements under Tukwila Municipal Code ( "TMC "); and
WHEREAS, under TMC Chapter 17.20, every subdivider may be required to grade and
pave streets and alleys, install curbs and gutters, sidewalks and other improvements in
accordance with specifications and standards of the TMC and approved by the Public Works
Department; and
WHEREAS, under TMC Section 11.12.030(C) payment in lieu of improvements is an
option authorized by the zoning code that may be exercised by the Developer if approved by the
Director of Public Works; and
WHEREAS, the Developer has requested that street frontage improvements
( "sidewalks ") not be constructed at the time of building construction due to site topography and
agrees to pay the City an amount equal to the cost of installing sidewalks prior to the City's
issuance of the building permit; and
WHEREAS, pursuant to TMC 11.12.030(C) the Developer and City hereby enter into
this agreement pursuant to the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing mutual promises and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Improvements. The Director has determined that street frontage improvements
( "sidewalks ") should not be constructed at the time of building construction.
Page 1 of 4
2. Payment. The Developer has provided documentation satisfactory to the
Director that establishes the cost of materials, labor and quantities in an amount equal to the
property owner's cost of installing sidewalks. The Developer shall pay to the City $37,242 in
lieu of constructing sidewalks prior to issuance of the building permit at the direction of the
Director.
3. Amendment. This Agreement shall only be amended by a written agreement
executed by both the Developer and the City.
4. Recording. The terms and conditions of this Agreement shall be covenants
running with the land. The Developer authorizes this to be recorded in the office of the
Recorder, King County, Washington.
5. Enforcement. This Agreement shall only enforce by the parties hereto. No third
party shall have standing to enforce the terms of this Agreement.
6. Waiver of Objection. The Developer, for itself and its successors and assigns
hereby waives any objection that it may have to the payment.
7. Severability. If any section, sentence, clause, provision or portion of this
Agreement is declared unlawful or unconstitutional for any reason, the remainder of this
Agreement shall continue in full force and effect.
8. Notice. All notices or communications provided for by this Agreement must be
in writing, and may either be delivered personally, by certified mail, or by express delivery
service, return receipt requested. Such notices shall be deemed delivered on the date of receipt,
as evidenced by the return receipt or the equivalent, (e.g., date stamp of recipient). All notices or
communications shall be given to the Parties at their addresses set forth below:
For the City of Tukwila:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
For Orcas Homes LLC:
Orcas Homes LLC
1224 Andover Park East
Tukwila, WA 98188
9. Entire Agreement. This Agreement contains the entire Agreement between the
Developer and the City regarding this subject matter.
Page 2 of 4
10. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
ON BEHALF OF CITY OF TUKWILA, a Washington municipal corporation
By:
Its:
Date:
Attest/Authenticated:
Approved as to Form:
Christy O'Flaherty, City Clerk City Attorney
ON BEHALF OF ORCAS HOMES LLC, a Washington limited liability company
By:
obert Dunbabin
Its:
Date: /7--/.24; ��
Page 3 of 4
STATE OF WASHINGTON )
)ss
COUNTY OF I(d )
On , 2014, before me, the undersigned, a Notary Public, personally appeared
JIM HAGG RTON, personally known to me (or proved to me on the basis of satisfactory
evidence) as the person whose name is subscribed to the within instrument, and acknowledged to
me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF
TUKWILA, and that by his signature on the instrument the entity upon behalf of which he
acted, executed the instrument.
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4 s $
ts:01, j a 6 S 2/
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STATE OF WASHINGTON )
)ss
COUNTY OF 141/4 (? )
WITNESS my hand and official seal.
r,
Print Name: C iS Q pt ly
NOTARY PUBLIC in and or the State of
Washington, residing at rdeii? (2 c) � � L t7
My commission expires: 1
On /4"le 17 , 2014, before me, the undersigned, a Notary Public, personally appeared
ROBERT DUNBABIN personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument, and acknowledged
to me that he executed the same in his authorized capacity, as itG- SIPIN— OF ORCAS
HOMES LLC, and that by his signature on the instrument the entity upon behalf of which he
acted, executed the instrument.
WITNESS my hand and official seal.
Print Name: r..olnWatrcQ VI fluvii'
NOTARY PUBLIC in and for the State of
Washington, residing at u-0C 1-- WA\ , WA
My commission expires: 11/2/ 2011,
Page 4 of 4
ATTACHMENT ''1`' i 1 Or-3)
LEGAL DESCRIPTION OF
RIGHT -OF -WAY DEDICATION
A PORTION OF THE FOLLOWING DESCRIBED PARCEL; THAT PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 15, THENCE WESTERLY ALONG THE
NORTHERLY MARGIN OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF AFORESAID SECTION A DISTANCE OF R55 FEET; THENCE
SOUTHERLY PARALLEL WITH THE SOUTHERLY MARGINAL LINE OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF AFORESAID SECTION,
A DISTANCE OF 810 FEET, MORE OR LESS TO THE INTERSECTION WITH COUNTY
ROAD, WHICH IS THE TRUE POINT OF BEGINNING; THENCE NORTHERLY
PARALLEL WITH THE EASTERLY MARGINAL LINE OF SAID OF SOUTHWEST
QUARTER OF SAID SECTION, A DISTANCE OF 340 FEET; THENCE WESTERLY
PARALLEL WITH THE NORTHERLY MARGINAL LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 290
FEET, MORE OR LESS TO THE INTERSECTION WITH THE NORTHEASTERLY
MARGIN OF SAID COUNTY ROAD; THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY MARGIN OF SAID COUNTY ROAD TO THE POINT OF
BEGINNING.
(BEING KNOWN AS LOT 5, GOLDEN CREST ACRES, ACCORDING TO THE
UNRECORDED PLAT THEREOF)
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED PARCEL;
THENCE, ALONG THE EAST MARGIN OF 33RD AVENUE SOUTH, S23 °08'12 "E 123.23
FEET; THENCE, CONTINUING ALONG SAID EAST MARGIN, S45 °49'28 "E 315.20 FEET;
THENCE, CONTINUING ALONG SAID EAST MARGIN, S52 °28'30 "E 2.87 FEET, TO THE
POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EAST MARGIN,
S52 °28'30 "E 20.13 FEET; THENCE N00 °22'03 "E 20.13 FEET; THENCE, ALONG A CURVE
TO THE RIGHT, THE RADIUS OF WHICH BEARS N89 °37'57 "W 10.00 FEET, THROUGH
A CENTRAL ANGLE OF 127 °09'27" WITH A DISTANCE OF 22.19 FEET, TO THE POINT
OF BEGINNING.
Page of
ATTACHMENT "A' C2oF3)
LEGAL DESCRIPTION OF
SIDEWALK, STREET LIGHTING AND UTILITY EASEMENT
A PORTION OF THE FOLLOWING DESCRIBED PARCEL; THAT PORTION OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 15, THENCE WESTERLY
ALONG THE NORTHERLY MARGIN OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF AFORESAID SECTION A DISTANCE OF 855
FEET; THENCE SOUTHERLY PARALLEL WITH THE SOUTHERLY MARGINAL
LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
AFORESAID SECTION, A DISTANCE OF 810 FEET, MORE OR LESS TO THE
INTERSECTION WITH COUNTY ROAD, WHICH IS THE TRUE POINT OF
BEGINNING; THENCE NORTHERLY PARALLEL WITH THE EASTERLY
MARGINAL LINE OF SAID OF SOUTHWEST QUARTER OF SAID SECTION, A
DISTANCE OF 340 FEET; THENCE WESTERLY PARALLEL WITH THE
NORTHERLY MARGINAL LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION, A DISTANCE OF 290 FEET,
MORE OR LESS TO THE INTERSECTION WITH THE NORTHEASTERLY
MARGIN OF SAID COUNTY ROAD; THENCE SOUTHEASTERLY ALONG THE
NORTHEASTERLY MARGIN OF SAID COUNTY ROAD TO THE POINT OF
BEGINNING.
(BEING KNOWN AS LOT 5, GOLDEN CREST ACRES, ACCORDING 7. 0 THE
UNRECORDED PLAT THEREOF)
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED
PARCEL, POINT OF BEGINNING; THENCE, ALONG THE EAST MARGIN OF
33RD AVENUE SOUTH, S23 °08'12 "E 123.23 FEET; THENCE, CONTINUING
ALONG SAID EAST MARGIN, S45 °49'28 "E 315.20 FEET; THENCE,
CONTINUING ALONG SAID EAST MARGIN, S52 °28'30 "E 2.87 FEET; THENCE,
ALONG A CURVE TO THE RIGHT, THE RADIUS OF WHICH BEARS
N89 °37'57 "W 10.00 FEET, THROUGH A CENTRAL ANGLE OF 127'09'27"
WITH A DISTANCE OF 15.71 FEET; THENCE, N52'28'30 "W 12.29 FEET;
THENCE, N45 °49'28 "W 312.61 FEET; THENCE, S23 °08'12 "E 117.02 FEET;
THENCE, S89 °40'03 "W 10.85 FEET, TO THE POINTOF BEGINNING.
Page of
ATTACHMENT "A" (3 nF 3)
DEPICTION OF SIDEWALK, STREET LIGHTING AND UTILITY EASEMENT
PLUS RIGHT OF W/W 1)EbJCAr1 ON
/- 108
4
NE9'42'03 E 20' 90
\ \
NTS
LOT 3
(9,901 SQ. FT)
N59'40'03 "E 172 31'
10' PVT SEWER
EASEMENT
LOT 2
(7,328 SQ. FT)
N89'40'03. E 120 83'
1 0' TRACT A
WILLWOOD COURT
VOL 72, PG 95
10' SIDEWALK, STREET LIGHTING
& UTILITY EASEMENT
PEA KC RECORDING No.
20140620090769
\
1
\ LOT 1
\ (6,967 SQ. FT)
\ s
▪ 'v,, \
O7, \
\
J
ow
CV
24.0' 24 0'
• 2.87'
• S52'28'30'E
ROW DEDICATION
PER KC RR6WFrhif,4
No. 2014062000076B N.
12 29'
N52-28'301N
R= 10.00'
L=15 7
D= 127'09'27'