HomeMy WebLinkAboutPermit 85-26-V - FIRST WESTERN DEVELOPMENT - TUKWILA II VARIANCE85-26-v
16460 west valley highway
16600 west valley highway
FIRST WESTERN DEVELOPMENT - TUKWILA II VARIANCE
ILA
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
433 -1800
Gary L VanDusen, Mayor
CITY OF TUKWILA
Notice of Application for
Shoreline Substantial Development Permit
... ,..........,...,.... :;.
NOTICE IS HEREBY GIVEN that First Western Developments of Washington who is
the contract purchaser of property has filed an appli-
cation for a substantial development permit for the development of an
office - warehouse complex of three building comprising 26,000 square feet of
building area and forty -five (45) parking spaces. Said development would
be located on the east side of West Valley Highway, just south of the
Strander Boulevard Intersection, in the NW 1/4 of section 25 of township 23
N., Range 4 E., in Tukwila, Washington. Said development will be partially
located within the high impact environment of the Tukwila Shoreline
Management Area. Any person desiring to express any views or to be
notified of the action taken on this application should notify Vernon
Umetsu, Associate Planner, City of Tukwila, Planning Department, 6200
Southcenter Boulevard, Tukwila, WA 98188, in writing within thirty days
of the final date of publication of this notice which is October 20, 1985.
. Written comments must be received by November 19, 1985.
Published: Record Chronicle Date: October 13 and 20, 1985
Distribution: City Clerk
Mayor
Adjacent Property Owners
Department of Ecology
Property Owner
File
. �;
AGENDA ITEM
CITY OF TUKWILA
PLANNING DIVISION
$OARD OF ADJUST-MOOT
STAFF REPORT
85 -26 -V: FIRST WESTERN DEVELOPMENT OF WASHINGTON
INTRODUCTION
First Western Development is designing a retail /wholesale development consisting
of four separate buildings for the property along the east side of West Valley
Highway, north of the Stoneway Sand & Gravel batching plant and across the street
from the NC Machinery repair facility. Improvements within West Valley Highway
necessitate locating new curbing along the right -of -way line. This prevents the
applicant from installing the normally required sidewalk within the right -of -way.
Therefore, the applicant has requested a variance from the City's landscaping
requirement in order to construct the sidewalk on his property.
FINDINGS
1. This property stretches 752.54 feet along West Valley Highway and narrows from
121.82 feet at the south to 82.23 feet at the north (Exhibit A). Generally
the property is level and abuts the Puget Sound Power and Light Company right -
of -way along the easterly portion of the property. An aviation gas pipeline
was erroneously constructed as much as 3 feet inside the easterly property
line, instead of within the Puget Sound Power and Light Company right -of -way.
Along the West Valley Highway is located a 10 -foot slope, drainage and utility
easement as well as a 5 -foot utility easement.
2. The subject property is zoned M -1 (Light Industry) which requires a 15 foot
landscaping strip along West Valley Highway (TMC 18.52.020). Due to the una-
vailability of right -of -way within West Valley Highway for construction of a
6 -foot sidewalk per Ordinances #1158, 1217, and 1233, the applicant is
constrained to locate the required sidewalk within his property which would be
a total of 21 feet for landscaping and asidewalk.
3. A total of approximately 27,500 square feet of retail /wholesale and warehouse
space within four separate buildings is proposed. These buildings are located
in conformance with the zoning code requirements for building setbacks (TMC
18.50.020) and parking requirements (TMC 18.56.050). In addition, the
buildings are located the minimum distance from the gas line along the
rear /easterly portion of the property. The presence of the gas line requires
special foundation construction in order to prevent damage to the pipeline.
Access is proposed at two points along West Valley Highway, which may or may
not be revised pursuant to consideration of future improvement within the
highway and curb cuts on the westerly property. Full traffic movements will
not be permitted to and from the highway.
Page -2-
Board of Adjustment
85 -26 -V: FIRST WESTERN DEVELOPMENT OF WASHINGTON
August 1, 1985
4. West Valley Highway adjacent to the subject property is essentially fully
developed except for curb and gutter and potentially extending the center to a
left turn lane (fifth lane) northward to the intersection of Strander
Boulevard. Improvements within the highway are controlled by the State High-
way Department with coordination with the City. This summer the State Highway
Department will be overlaying the highway with new pavement, but this improve-
ment project does not include revising the alignment of the roadway lanes to
accommodate the City's required 6 -foot sidewalk.
5. In reviewing the variance application the Board of Adjustment is constrained
to utilize the criteria of TMC 18.72.020 without consideration of economic
hardship or feasibility.
CONCLUSIONS
1. Criteria TMC 18.72.020(1): The variance shall not constitute a grant of spe-
cial privilege inconsistent with the limitation upon uses of other properties
in the vicinity and in the zone in which the property on behalf of which the
application was filed is located.
Other M -1 zoned properties in the vicinity and in the City are the NC
Machinery complex along the west side of West Valley Highway, the Cello Bag
Company manufacturing facility and the Stoneway Sand and Gravel batching plant
along the easterly side of the highway. Compliance or potential compliance
with the landscaping requirements of TMC 18.52.020 is possible except for the
Cello Bag Company building which is located within approximately 5 feet of the
right -of -way of the highway. The variance would provide more landscaping than
possible for the Cello Bag Company, however, the variance may be
..inconsistent with the limitation upon uses of other properties in the
vicinity... ", i.e., NC Machinery Company and Stoneway Sand and Gravel. These
properties can comply with the City's landscaping and sidewalk requirements.
The subject site can accommodate the City's landscaping requirement without
the variance through either reducing the size of the buildings or the parking
requirements.
2. Criteria TMC 18.72.020(2): The variance is necessary because of special cir-
cumstances relating to the size, shape, topography, location or surrounding of
the subject property in order to provide it with use rights and privileges
permitted to other properties in the vicinity and in the zone in which the
subject property is located.
The shape of the subject property (narrow width varying from 121.82 feet to
82.23 feet) is somewhat unique in the City for M -1 zoned properties. This has
caused the applicant to secure a temporary parking and truck maneuvering ease-
ment along the southerly approximate one -half of the easterly Puget Sound
Power and Light Company right -of -way. This easement is considered temporary
by the City since the utility company may revoke the easement within 60 days
notice.
Page -3-
Board of Adjustment
85 -26 -V: FIRST WESTERN DEVELOPMENT OF WASHINGTON
August 1, 1985
The proposed buildings vary in width from approximately 52 feet to 62 feet and
total 27,500 square feet with a parking requirement which essentially maxi-
mizes development of the property. A less intense development on the property
could reasonably be accomplished without the need for the subject variance.
3. Criteria TMC 18.72.020(3): The granting of such variance will not be
materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity and in the zone in which the subject property is
situated.
City staff review of the proposal found detriment or injury to the public
welfare or improvements to be minimal and largely confined to access problems
to and from the site. Deliveries to the future businesses by large trucks
(tractor - trailers) may create impedence to traffic along West Valley Highway
and within the site should the acquired truck maneuvering easement be
withdrawn and /or truck maneuvering within the site become difficult. The
trucks may opt to temporarily park along the curb in West Valley Highway,
similar to that currently being experienced in businesses south of the subject
property. But the variance itself was not viewed by staff to create any
detriment or injury.
4. Criteria TMC 18.72.020(4): The authorization of such variance will not adver-
sely affect the implementation of the Comprehensive Land Use Policy Plan.
With or without the variance, location of commercial land uses on the subject
property is possible (Objective 1 and Policy 2, p. 60; Policy 3, 4, 5, p. 61;
Policy 3, p. 63; Policy 2, p. 64; Policy 3 and 4, p. 65; Policy 1 and 2, p.
72; Objective 6 and Policy 1, p. 79; Policy 6 and 8, p. 81). Granting of the
variance will result in 9 feet of landscaping which, if designed appropriately
with a berm will result in a meaningful vegetation buffer between the develop-
ment and West Valley Highway (Objective 1, p. 24; Policy 3 and 4, p. 61;
Policy 3, p. 63). Overall the variance impact does not "adversely affect" the
Comprehensive Land Use Policy Plan.
5. Criteria TMC 18.72.020(5): The granting of such variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant
possessed by the owners of other properties in the same zone or vicinity.
Since economic considerations are precluded from consideration the issue is
whether or not the proposed property under current development regulations can
be developed in a light industrial use. Other properties in the vicinity have
been developed or used for light industry to different intensities of develop-
ment. It appears that development of the property can occur without the
required variances, but in a form different than that proposed. Narrower
and /or smaller buildings could alleviate the need for the variance. It does
not appear that a "substantial property right" is affected by granting or
denying the variance, but that the variance provides for the maximum develop-
ment of the site. The maximizing of the intensity of development on a pro -
perty is not a property right but a potential reflective of applicable
development regulations.
6. In summary, staff favors development of the property in a manner similar to
the proposal. The narrow, elongated shape of the property severely reduces
site planning .flexibility. Marketing considerations may establish con -
siderable design parameters which are inflexible for light industrial
buildings on the property featuring a combination of retail, wholesale and
warehouse uses in each building. This is not to say that other building uses
and /or combinations thereof are not marketable on the property.
Being precluded from considering marketing and economic considerations, staff
was unable to find the variance application substantially in conformance with
all, not just one, of the variance criteria. Therefore, staff was constrained
to recommend denial of the variance application.
RECOMMENDATION
Based on the above, staff recommends the variance application be denied.
EXHIBITS
A Site Plan
B Variance Application
C Master Land Use Application
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4)
CITY OFTUKWILA
Central Permit System
MASTER LAND DEVELOPMENT APPLICATION FORM
M -1 uses, as the property is zoned.
M Fr,
JUN 18: c
CITY U RwiLA
PLANNING OPT,
1) TUKWILA MUNICIPAL CODE (TMC) SECTIONS FROM WHICH YOU ARE REQUESTING VARIANCE:
Title 18 Zoning Code Chapter 18.52 Section 18.52.020
2) DESCRIBE THE VARIANCE ACTION WHICH YOU ARE REQUESTING: To allow construction,of a plihlir
sidewalk within a required 15' front yard landscaped area.
3) DESCRIBE THE PRESENT USE OF THE PROPERTY, AND THE PROPOSED USE OF THE PROPERTY IF THE
VARIANCE IS APPROVED• Present Use - Undeveloped [Dump Site )
Proposed Use - Bulk Retail, Warehouse, Light Manufacturing.
DESCRIBE THE MANNER IN WHICH YOU BELIEVE THAT YOUR REQUEST FOR A VARIANCE SATISFIES EACH
OF THE FOLLOWING CRITERIA AS SPECIFIED IN TMC 18.72.020 (ATTACH ADDITIONAL SHEETS IF.
NECESSARY).
I), THE VARIANCE SHALL NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE INCONSISTENT WITH THE
LIMITATION UPON USES OF OTHER PROPERTIES IN THE VICINITY AND IN THE ZONE IN WHICH THE
PROPERTY ON BEHALF OF WHICH THE APPLICATION WAS FILED IS LOCATED.
RESPONSE: In lieu of developing a full 15' wide landscape strip, the proposal is to create a 9' wide
landscape area or superior quality to the minimum plant density required and provide
a 6' wide sidewalk. Due to the limited depth associated with this project, a variance
is requested.
2 ) THE VARIANCE IS NECESSARY BECAUSE OF SPECIAL CIRCUMSTANCES RELATING TO THE SIZE, SHAPE,
TOPOGRAPHY, LOCATION OR SURROUNDING OF THE SUBJECT PROPERTY IN ORDER TO PROVIDE IT
WITH USE RIGHTS AND PRIVILEGES PERMITTED TO OTHER PROPERTIES IN THE VICINITY AND IN
THE ZONE IN WHICH THE SUBJECT PROPERTY IS" LOCATED.
The . roperties unique geometry [restricted width) places severe restrictions on
RESPONSE buil.ing development_ An aririirinnal fi' ,.airier sidewalk would red""ce building
width and areas below what has been determined to be feasible for development.
3 ) THE GRANTING OF SUCH VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE PUBLIC WELFARE
OR INJURIOUS TO THE PROPERTY OR IMPROVEMENTS IN THE VICINITY AND IN THE ZONE IN WHICH
THE SUBJECT PROPERTY IS SITUATED.
No properties to the north or south on either side of SR 181 within 1000 ft+ conform to
RESPONSE either the front yard landscape or sidewalk requirement. Substantial lanrisi-aping of a
quality greater than the minimum required is proposed and will create a superior visual amenity
than could a 15' wide landscape strip of minimum requirements.
THE AUTHORIZATION OF SUCH VARIANCE WILL NOT ADVERSELY AFFECT THE IMPLEMENTATION OF THE
COMPREHENSIVE LAND USE POLICY PLAN.
N,o.property is zoned in accordance with the Comprehensive Land Use Policy Plan. The
RESPONSE: - -- - -
I ■- .- - ■..■-. . ... -. ... -
5 ) THE GRANTING OF SUCH VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A
SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT POSSESSED BY THE OWNERS OF OTHER PROPERTIES
IN THE SAME ZONE OR VICINITY.
RESPONSE: To allow this site to develop with A nnmmerniaj use whirh serves the ruhlir
benefit. Other properties in the immediate vicinity enjoy greater property depths.
exrr 15
. .
TMC 113. 72.070 PROH I B I TED VAR' ACE:. . I I . UNDEkt NO C I RCUMSTANCES SHALL. THE BOARD OF ADJUST-
MENT GRANT ' - A VAR I ANCE TO-PER14 i TA: iilli.:ii- GENERALLY OR : COND I T I ONALLY PERM I TTED I N THE
1 . .
ZONE I NVOLVED ; OR . ANY USE EXPRESSLY OR BY I MPL I CAT I ON PR ID) TED BY THE TERMS OF TH 1 S
TITLE : I N SAID 'ZONE . .
• :..
- ••
• .
• ,• • I .••'; ' • • • .•
■
--
CITY OF TUKSILA
Central Permit System (( !M .. /VI
Af11
MASTER LAND DEVELOPMENT APPLICATION FORM
PLEASE WRITE LEGIBLY OR.TYPE ALL REQUESTED INFORMATION-- INCOMPLE
ACCEPTED FOR PROCESSING.
SECTION I: GENERAL DATA
TYPE OF APPLICATION: D estP
PROP. OWNER: NAME
ADDRESS
0 CONDI TIONAL
USE
SECTION III: APPLICANT'S AFFIDAVIT
D UNCLASS.
USE
DATE June 28. 1985
SUBSCRIBE[) AND SWORN BEFORE ME 2)Qo -tt .3.- 4
T H I S `L DAY OF)te , 1 9 K3 .
NOT PUBLI ^- IN AND FOR THE STATE OF WASHINGTON
RESIDING AT £Venr.' , "�E�C4��Lrnc�
v
l itVARIANCE
PROJECT LOCATION: (STREET ADDRESS, GEOGRAPHIC, LOT /BLOCK)
Road, just South of Strander Blvd. intersection.
L iN 2 8 1885
CITY OF TUKWILA
OSHORT
PLAT O S U B D I V I S I O N ''SHPER
PERMIT E PRD DPMUD
TELEPHONE
PLANNING DEPT
rOnS - W) LL Nen BE
D CHG. OF D COMP. PLAN
ZONING AMENDMENT
APPLICANT: NAME First Western Development of WA TELEPHONE ( 206 ) 774 -4566
ADDRESS__,)„._ 4230 -198th Street S.W. Lynnwood. WA 98036
y i ., ZIP
)
ZIP
BAR
OINTERURBAN
East side of the West Va Iley
SECTION II: PROJECT INFORMATION
4) DESCRIBE BRIEFLY THE PROJECT YOU PROPOSE
Buildings and related site improvements.
5) ANTICIPATED PERIOD OF CONSTRUCTION: FROM Summer '85 TO Winter'85
6 ) WILL PROJECT BE DEVELOPED IN PHASES? DYES ONO IF YES, DESCRIBE:
7) PROJECT STATISTICS:
A) ACREAGE OF PROJECT SITE: NET 1.77 acre GROSS EASEMENTS
B) FLOORS OF CONSTRUCTION: TOTAL /FLOORS 1 _ •. , INCLUDES: D BASEMENT D MEZZANINE
TOTAL GROS 27,50Ol ) INCLUDES: D BASEMENT D MEZZANINE
FLOOR AR
C) SITE UTILIZATION:
ZONING DESIGNATION
COMP. PLAN DESIGNATION
BUILDING FOOTPRINT AREA
LANDSCAPE AREA
PAVING AREA
TOTAL PARK ING . S'TALLS :
- STANDARD S C
- COMPACT SIZE
- HANDICAPPED SIZE
TOTAL LOADING SPACES
AVER. SLOPE OF PARKING AREA
AVER. SLOPE OF SITE
Construct (4) one -story Retail /Warehouse
EXISTING PROPOSED
M -1
❑ 26,683 ❑
❑ -17.450 ❑
❑ 32,800 ❑
4 .
19
2
.05%
.01% .01%
NOTES
8) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION ON THE CITY'S ENVIRONMENTAL BASE
MAP? D YES (NO
4, Scott Shanks for First West. Dev. of WA. , BEING DULY SWORN, DECLARE THAT I AM THE
CONTRACT PURCHASER OR OWNER OF THE PROPERTY INVOLVED IN THIS APPLICATION AND THAT THE FORE-
GOING STATEMENTS AND ANSWERS HEREIN CONTAINED AND THE INFORMATION HEREWITH SUBMITTED ARE IN
ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNOWL IEF
I
liiirlii
x
(SIGNATUR
Alb
OF ON - RCHASER OR OWNER)
WatiliTt
. 1st
Published:
DISTRIBUTION:
Aayor
City Clerk
Adjacent Property Owners
Applicant
Property Owner
File
Posted on the site
NOTICE IS HEREBY GIVEN that the Tukwila BOARD OF ADJUSTMENT has fixed the
day of August , 19 85 at 7:00
P.M. in. Conference Room #3 of Tukwila City Hall, 6200 Southcenter
Boulevard, Tukwila, Washington, as the time and place for
85 -26 -V: First Western Development of Washington, requesting approval of
a variance from TMC 18.52.020, landscaping requirements, on the east side
of West Valley Highway, just south of Strander Boulevard.
Any and all interested persons are invited to attend.
Record Chronicle Date: July 21, 1985
July 8, 1985
•••■
Brad Collins
City of Tukwila
Planning Department
Tukwila, WA 98188
Dear Mr. Collins:
Verfi truly your
RE: First Western Development
West Valley Highway Variance
WILLIAM M. POLK, Trustee
PMME
1_2 1985
,. jc.po NG DEPT.
The undersigned, William M. Polk, Trustee is the owner of record
of real property legally described on the attached sheet.
By this letter, I am indicating my support for the variance
application submitted by First Western Development. This variance
would allow a sidewalk to be placed in the landscaped area of
their proposed development. I urge your approval of this
application at your August 2, 1985 Board of Adjustment hearing.
legal description
That portion of the South 990 feet of the Southeast quarter
of the Northwest quarter in Section 25, Township 23 North,
Hangs 4 East, W. M. lying East of the West Valley Road, and
lying West of the Puget Sound Electric Railway right of
way and lying North of the following described line:
Boginning at the center of said Section'25;
thence West along the centerline of said Section 25 a
distance of 897.56 feet to an intersection with the
center line of the Chicago, Milwaukee, St. Paul and
Union Pacific Railroad right of way;
thence Southerly along said railroad center line 517.40. feet;
thence North 46°27'30" West to the' Westerly line of said
Puget Sound Electric Railway right of way as condemned in
King County Superior Court Cause No. 32873;
t ht :nee continuing North 46°27'30" West to the Easterly
lies of the West Valley Road;
thunct No: therly along said Easterly line 460 feet to the
true point of beginning of the line herein described;
thence East to the Westerly line of the Puget Sound Electric
Hallway right of way and (the terminus) of said line description
Situate in the City of Tukwila, County of King, State of
Washington.
•
•
' SECOND REPORT
• 6% .•
..:_ ', . ,... ..; _... ,
Ir ..joiritiesi Ot'f. 4 ''Seistlt 990 'Vast of the Southeast 114 Of
.. *.:::.• . • '
..
11.11 • • 1. '
..; ...,: .
.•'. , last af•the' Vest Valley'' load and lying Vist - of , - • - .:
• , , ". the 'Fleet d:IlectriC Railway right of way and lying 'north - ' - • , -•-
•. of the following described line:
lieginning,at the center of said Section 25;
thence West along the center line of said Section .25, a
distance of 897.56 feet to an intersection with the center
• • line of the 'Chicago,. Milwaukee, St. , Paul • and ' Union PacifiC • -
Railroad right of .way; • : ...
- _ thence Sonthetly along said railroad center' line 517.40 feet;
thente 'North 46'27'30" West ' to .. the _Westerly...line of said -. •'
Puget Sound..Electric . Railway right . of vaiy..as Condemned in ..
King County. Superior Court Cause No. 32873; . ..
•
thence continuing 'North .4627'30" Nest • to the Easterly' ... ••••
line . of the West Valley Road, .. , . ' • . - •• ' • '
thence Northerly along said Easterly line 460 feet to the
true point of beginning of the line herein described; ... •
thence East to the , Westerly, line of the Puget Sound: Electric
Railway right • of way and of said.. line description; • • -.
• Situate . in • the City' . of Tukwila, County of King, State of
Washington. •
•
I JUN 2 8 1985 I
J..
cily of •
A
P•••• • • m. •••
•
pEfig FIRBT
Vi k T6(RN
i
rw opeu nss
COMMERCIAL
LEASING & SATES,
INVESTMENT • INCOME
FROMM
TERMS OF SALE:
prnmissnry nnt•P
I
P.O. BOX 6308, LYNNWOOD, WA 98036 (206) 775.4611
REAL ES'T'ATE PURCHASE AND SALE AGREEMENT
(WITH EARNEST MONEY PROVISION)
This contract controls the terms of sale of
the property. Read carefully before signing.
Lynn od
,Washington .Tanuary 30..__. , 19-85
FIRST WESTERN DEVELOPMENT nF WASHTNOTON ( "t'urchaser ")
hereby agrees to purchase, and the undersigned Seller agrees to sell, the following real estate located in the City ul Tukwila
County of King , State of Washington, commonly known as _N/A
and legally described as: (The parties hereto hereby authorize FIRST WESTERN PROPERTIES, I NC .
( "Agent ") to insert the correct legal description of the above- designated property if unavailable at time of signing, or•to correct the
legal description entered if erroneous or incomplete.)
SEE ATTACHED LEGAL AND BOUNDARY MAP
�},�} tk,�� 7 Three Hundred Z re Thousand no /100 3�- 3� The purchase price is ` Dollars (;
payable as follows: $ 10,Onn,nO as an Earnest Money Deposit (Deposit "), which sum is in the form of
and which Deposit, together with this Agreement, shall be held by Agent fur
the benefit of the parties hereto. The balance of the purchase price shall be payable as follows:
All cash on closing including above receipted for Earnest Money.
This offer is subject to and contingent upon the following:
1. Purchasers sole satisfaction of a feasibility study to be completed
within days from mutual execution of this offer.
(..C) 7
2. Seller estimates the total site is approximately 74OQ.Q square feet.
Final price shall be determined by a survey to be done at Purchaser's
sole cost and expense and the price to be based upon $451d per square
foot. Soo
3. Seller warrants there are no leases upon subject property.
4. Seller agrees to share with Purchaser all present surveys and soils
tests he possesses and agrees to allow Purchaser's employees and agents
to enter said property to conduct such tests and surveys.
13.
„
Seller shall furnish to Purchaser t .tier's expense a \Va%luiptun Land Title A:.. : .iron stdridard form of Purchaser's 1't'Irc■ of
Title Insurance. As soon as reasonably possible fulloH rig the opening of escrow, Pmeha'.er shall be furnished with a I'relinr : rn
Commitment for the issuance of such a policy'of title insurance covering the subject piOrerty, together with full copies of
any Exceptions set forth therein. Title of Seller is to be free of encumbrances or defects except: those acceptable
to Purchaser.
Purchaser shall have.Thir y_ ( 3n ) days after receipt of said Preliminary Commitment within which to notify Sell
and Escrow in writing of Purchaser's disapproval of any Exi •options shown in ',Aid Preliminary Commitment; provided, however,
that rights reserved in Federal patents or State deeds, building or use restrictions general to the district, existing c.isernents not
inconsistent with Purchaser's intended use, and building or /oiling regulations or provisions shall not he deemed Exceptions wlir
Purchaser may disapprove. In the event of disapproval of any Exceptions as set forth in the Preliminary' Commitment, Seller
shall have until the date for closing of escr within which to attempt to eliminate any dis.,l,pruved Exception (s) from the Pule
of Title Insurance to be issued in favor of Purchaser and, if riot eliminated, the escrow shall be cancelled unless Purchaser then
elects to waive its prior disapproval. Failure of Purchaser to disapprove any Exceptions within the aforementioned time limit
shall be deemed an approval of said Preliminary Commitment. Agent shall not be responsible for delivery of title.
3. if financing is required purchaser agrees to make immediate application therefor, sign necessary papers, pay required costs, arid
exert best efforts to procure such financing.
4. (a) If this Agreement is for conveyance of fee title, title shall be conveyed by Statutory Warranty Deed free of encumbrance a
defects except those noted in Paragraph 2.
(b) if this Agreement is for sale under a real estate contract, Seller and Purchaser agree to execute a seal estate contract for the
balance of the purchase price on Real Estate Contract Form A -1964, a copy of which is hereby attached hereto, or such
other form as is attached hereto or which shall be prepared by Purchaser and Seller and hereafter attached hereto, the tern
of which are hereby incorporated herein by this reference. Said contract shall provide that title be conveyed by Statutory
Warranty Deed.
(c) If said property is subject to an existing contract, mortgage, deed of trust or other encumbrance (s) which Seller is to
continue to pay, Seller agrees to pay said contract, mortgage, deed of trust or other encumbrance (s) in accordance with its
(their) terms, and upon default Purchaser shall have the right to make any payments necessary to cure the default, and any
payments so made shall be applied to the payments next falling due under the contract between Seller and Purchaser hereir
(d) If this Agreement is for sale and transfer of vendee's interest under an existing real estate contract, the transfer shall he by
Purchaser's assignment of contract and deed sufficient in form to convey after - acquired title.
S. Taxes for the current year, rents, insurance, interest, mortgage reserves, water, oil, gas and other utilities constituting liens as well
as all other items of income and expense shall be pro -rated as of date of dosing.
6. Purchaser shall be entitled to possession on date of dosing.
7. Purchaser offers to purchase the property in its present condition on the terms stated herein. Seller hereby warrants that to the
best of his knowledge the premises described herein and the improvements thereon do not violate applicable building or zoning
regulations and that he is unaware of any material defect in the premises or improvements thereon with the exception of the
following, to wit: g
(1(none - so indicate.)
Purchaser's offer is made subject to the acceptance of Seller on or before twelve o'clock midnight on February 6tlt 19B5
closed in the office of tpe trA 7,T1-F' ltvs 3. Sri ��t,e= wA orr �ithr
days after the Preliminary grnmitment for_ title insurance is delivered showing title insurance as above provide
not later than I:+R r L , 19 85 _, which shall be the termination date. Purchaser am
with the closing agent all instruments, documents and moneys necessary to complete the sale in accordance with
Escrow fees shall be paid one -half each by Seller and Purchaser.
The sale shall be
or, in any event,
Seller shall place
this Agreement.
10. For purposes of this Agreement, "date of closing" shall be construed as the date upon which all appropriate documents are
recorded and proceeds of this sale are available for disbursement to Seller. Funds held in reserve accounts pursuant to escrow
instructions shall be deemed for purposes of this definition as available for disbursement to Seller whether credited to his account
or made payable in cash.
1. If prior to Closing, improvements on the premises shall be destroyed or materially damaged by fire or other casualty, this Agrcenn.
at the option of Purchaser, shall become null and void, the deposit shall be returned to,Purchaser, and the escrow shall be cancellrl
1'. This Agreement supersedes any and all agreements between the parties hereto regarding the subject property which are prior in tie;
to this Agreement. Neither Purchaser, Seller nor Agent shall he bound by any understanding, agreement, promise, representation
or stipulation, express or implied, not specified herein except for information or other material supplied to Agent by Purchaser
or Seller.
Purchaser reserves the right to assign this Agreement and his rights hereunder, and to be relieved of any future liability under this
Agreement, provided the assignee shall assume all of the obligations of Purchaser hereunder.
14, Any addendum attached hereto ond'cltlrer signed or initialled by the parties shall be deemed a part hereof.
By RALPH E. BARBER
NOTE AS TO SELLER:
Both spouses should sign.
17. TIME IS OF TILE ESSENCE OF TIIIS AGREEMENT.
FIRST WESTERN PROPERTIES, INC.
CONSULT YOUR ATTORNEY
15. In the event any contingency to this Agreement has not been eliminated or satisfied within the time limits and pursuant to the
provisions herein, this Agreement shall be deemed null and void, the escrow shall he cancelled, and the Deposit shall he returned to
Purchaser less one -half the amount of any cancellation or escrow fees. Seller agrees to pay the other half.
16. if title is insurable to the satisfaction of Purchaser in accordance with Paragraph 2 above, and /or if all contingencies are satisfied
or waived by Purchaser, and Purchaser fails or refuses to onnplete this purchase, then the Deposit shall be forfeited as liquid.rted
damages unless Seller elects to enforce ibis Agreement, and Purchaser shall pay any cancellation or escrow fees.
67: 17/2 57 a.� ..= I t c'',• , ., / / %,.,?i
Address. 42 36 /'f'4 `iC rr
L
The undersigned Seller on this day of , 19 hereby approves and accepts the Offer set forth
above and agrees to carry out all the terms thereof on the part of Seller, and the undersigned further agrees to pay a commission of
10Z on the first $100,000.00 and 57. on the balance
of the Purchase Price to FIRST WESTERN PROPERTIES, INC. , in cash, for services through escrow at date of closing. In the
event the Deposit is forfeited, it shall be apportioned to Seller and Agent equally, provided the amount to Agent does not exceed the
above commission. 1/We further acknowledge receipt of a true copy of this Agreement. In the event an action is commenced to enforce
the right of FIRST WESTERN PROPERTIES, INC. to collect compensation or commissions, the undersigned hereby agree to
pay to FIRST WESTERN PROPERTIES, INC. reasonable attorney's fees and expenses whether said action is prosecuted to
judgment or not.
Address: I(ii. •
- 'y
PURCHASER
& .;t
A true copy of the foregoing Agreement, signed by the Seller, is hereby received on , 19 __
THIS DOCUMENT HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY FOR HIS
REVIEW AND APPROVAL PRIOR TO YOUR EXECUTION OF SAME. NO REPRESENTATION
OR RECOMMENDATION IS MADE BY FIRST WESTERN PROPERTIES, INC. OR ITS AGENTS
OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES
OF THIS DOCUMENT, OR THE DOCUMENTS REFERRED TO HEREIN, OR THE TRANSACTION
RCLATING THERETO. THESE ARE QUESTIONS FOR YOUR ATTORNEY WITH WHOM YOU
SHOULD CONSULT BEFORE SIGNING THIS DOCUMENT.
•
SELLER
PURCHASER
ALE / "r /44
' Lt. it
•'5 ti N
LEGAL DESCR /PT /0A/
Situate in the City of Tukwila, County of King, State of
Washington
.. «. ;
t
1. � C f "1
, • ✓ - / ,
That portion of the South 990 feet of the Southeast quarter
of the Northwest quarter in Section 25, Township 23 North,
Range 4 East, W. M. lying East of the West Valley Road and
lying West of the Puget Sound Electric Railway right of
way and lying North of the following described line:
Beginning at the center of said Section 25;
thence West along the centerline of said Section 25 a
distance of 897.56 feet to an intersection with the
center line of the Chicago, Milwaukee, St. Paul and .
Union Pacific Railroad right of way;
thence Southerly along said railroad center line 517.40 feet;
thence North 46 0 27'30” West to the Westerly line of said
Puget Sound Electric Railway right of way as condemned in
King County Superior Court Cause No. 32873;
thence continuing North 46 °27'30" West to the Easterly
lime of the West Valley Road;
thence Northerly along said Easterly line 460 feet to the
true point of beginning of the line herein described;
thence East to the Westerly line of the Puget Sound Electric
Railway right of way and (the terminus) of said line description.
• �.
northern commercial machinery company
Modification of Purchase & Sales Agreement
•
This letter shall serve to modify the Purchase and Sales Agreement
dated January 30, 1985 by and between First Western Development of
Washington. (purchaser) and W. M. Polk (trustee) Seller in the following
manner:
1. The First Western Development of Washington letter of June 4, 1985
canceling this purchase and sales agreement is hereby voided.
2. The total price of the land shall be reduced from $384,705.00 to
334,705.00 based upon the survey of 76,941 square footage at $5.00 /sq. ft.
less a $50,000 reduction in price for soil problems.
3. Purchaser to place an additional $10,000 in escrow with Transamerica
Title Insurance Company (Bellevue office) upon mutual execution of this
modification agreement.
4. The purchase and sales agreement will now only be contingent upon a
City of Tukwila variance to allow the purchaser to place sidewalks in the
landscaping area of the subject property.
5. Closing shall be as follows:
a. if the variance is approved by August 3rd purchaser shall close
within 5 days of such approval.
b. if the variance is refused or delayed past August 3rd the Purchase
and Sales Agreement becomes null and void and all moneys shall
be returned to the purchaser excepting the non - refundable $2,500.
Understood and Agreed
Purchaser Seller
dated -, ':ZI '
dated
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