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HomeMy WebLinkAboutPermit 80-26-W - SHIMATSU - FARWEST SERVICES SENSITIVE AREA WAIVER80-26-w SOUTHCENTER PARKWAY SHIMATSU FARWEST SERVICES WAIVER SHIMATSU - FARWEST SERVICES WAIVER Coldwell Banker COMMERCIAL BROKERAGE COMPANY Mr. Mark Caughey Assistant Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Mark: Please discontinue any further work on the Farwest application for waivers on the Mikami property in Tukwila located on the Southcenter Parkway. If there is a renewed interest in that project, I shall be back in touch with you. Thank you. RHS:cah cc: Mrs. Shimatsu August 4, 1980 Warm regards, COLDWELL BANKER COMMERCIAL REAL ESTATE SERVICES /0 :(.9i4A—e Robert H. Schofield 1600 PARK PLACE • SEATTLE, WASHINGTON 98101 . (206) 292 -1600 • A COLDWELL BANKER COMPANY ` a„' z-' k:' v' w iWt. '3;; 1'.,`!t:' f.'•td.r: i•i:s i•G ... .y ^.: v>;: r Transamerica u il Title Insurance Services Please address correspondence to the office checked below: 01 ❑ ❑ ❑ ❑ ❑ ❑ ❑ MAIN AUBURN BALLARD BELLEVUE IOTHELL FEDERAL WAY ISSAOUAH KENT Park Place • 230 Auburn Way 5o. 6700 1519 Ave. N.W. 10635 N.E. 819 St. 1752r. Bothell Way N.E. 33427 Pacific Hwy So. 1595 N.W. Gilman Blvd. 524 West Meeker $2 619 Ave. at University St. Auburn, WA 98002 Seattle, WA 98117 Boa 1493 Bothell. WA 98011 Federal Way, WA 98003 Issaquah, WA 98027 Kent, WA 98031 Seattle. WA 98101 (206) 839.2566 (206) 625.4610 Bellevue. WA 98009 (206) 828.4606 (206) 838.3411 (206) 828.4670 (206) 852.8634 (206) 628.4670 (206) 828.4661 Coldwell Banker ❑ ❑ ❑ ❑ ❑ RENTON 1600 Park Place Building NORTH AURORA FACTONIA WEDGWOOD WEST SEATTLE 902 North 18519 St. 3856 12419 Ave. S.E. 222 Williams Ave. S. 8206 3519 Ave. N.E. 4450 Calif. Ave. S.W. Seattle, WA 98133 Bellevue, WA 96006 Renton, WA 96055 6051118, WA 98115 5 1 (206) WA 96116 Seattle, WA 9 8101 (206) 628.4600 (206) 628.5973 (206) 626.4626 (206) 626.4620 (206) 526. Attn: Bob Schofield L orm No. W.K.734 PRELIMINARY COMMITMENT FOR TITLE INSURANCE Washington Land Title Association Form Amount LEASEHOLD Owner's'stan ar coverage $1, 000 , 000.00 Purchaser's standard coverage Mortgagee's standard coverage Mortgagee's ALTA coverage Tax Registration Date: July 15, 1980 at 8:00 A.M. Transamerica Title Insurance Company J Your Order No. Shimatsu Total Our Order No. 643986 Premium Sales Taz Total $1,784.00 $94.55 $1,878.55 $1,878.55 TRANSAMERICA TITLE INSURANCE COMPANY agrees to issue on request and on recording of any appropriate documents, its policy or policies as applied for, with coverage as indicated, based on this pre- liminary commitment that title to the property described herein is vested on the date shown above in SUCCESSOR TRUSTEE of HANAKO YANAGAWA, deceased, as to Parcel 1; (See Note l) TAKUMI MIKAMI, as his separate estate, as to Parcel 2; subject only to the exceptions shown herein and the terms, conditions and exceptions contained in the policy form. This report and commitment shall have no force or effect except as a basis for the coverage specified herein. Description: By -as hereto attached- - continued- NOTE: 1. Investigation should be made to determine if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. 2. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. July 15, 1980 DESCRIPTION: PARCEL 1: That portion of the Northeast 3 of the Southwest 3 in Section 26, Township 23 North, Range 4 East, W.M., lying West of South Center Parkway, as follows: Beginning at the Southwest corner of said subdivision; thence North along said West line 255 feet; thence East on a line parallel with the South line of said subdivision to the intersection with the West line of South Center Parkway; thence South along said West line 255 feet, more or less, to the South line of said subdivision; thence West along said line to the point of beginning; EXCEPT the East 6 feet thereof conveyed to City of Tukwila for street by deed recorded under Recording No. 6343839; PARCEL 2: That portion of the Northeast 14 of the Southwest in Section 26, Township 23 North, Range 4 East, W.M., described as follows: Beginning at the Northeast corner of said Northeast 34 of the Southwest 34 of said section; thence North 88 ° 05'42" West 701.10 feet to the Westerly margin of Southcenter Parkway; thence along said Westerly margin South 01 ° 08'45" West 10.65 feet; thence continuing along said Westerly margin South 01 ° 05'23" West 865.73 feet to the true point of beginning; thence North 87 ° 55'53" West to a oint on the Westerly line of the Northeast 34 of the Southwest 34 of said section; thence South along said West line to a point 255 feet North of the Southwest corner of the Northeast 34 of the Southwest 34 of said section; thence East parallel with the South line of the Northeast 34 of of the Southwest of said section,to the West line of said Southcenter Parkway; thence North 01 ° 05'23" East to the true point of beginning; EXCEPT that portion thereof, if any, conveyed to State of Washington for State Highway No. 1 by deed recorded under Recording No. 5516662; ALL situate in the County of King, State of Washington. Order No. 643986 Between: And: Dated: Recorded: Recording No.: Regarding: Page 2 Tax Account No. Year 262304 - 9069 -08 1980 (Covers Parcel 1) 262304- 9071 -04 1980 $362.47 (Covers Parcel 2 and other property) 1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: Amount Billed Amount Paid 362.47 $181.24 $181.24 Order No. 643986 EXCEPTIONS: A. 1% Excise tax, if unpaid. B. General taxes, as follows, together with interest after delinquency: City of Tukwila, a municipal corporation Matt Mikami, as his separate estate, Akiko Mikami, as her separate estate, as to an undivided one -half interest, Yaeko Mikami, as her separate estate, as to an undivided one -half interest, Kiyoto Mikami as 'his separate estate, Takumi Mikami, as his separate estate, and Hanako Yanagawa, as Trustee under deed of trust dated July 22, 1960, executed by Akiko Mikami, recorded October 13, 1960, under Recording No. 5212350 April 10, 1968 May 6, 1968 6343884 City to receive easement for utility mains and lines over the West 15 feet of the East 21 feet of the parcels of real property described, City agrees to construct at its cost and expense an extension of the ten inch water main now located on the East side of street to extend the same Westerly across said street to the margin of the property near the North boundary of the Matt Mikami property, further agrees to extend the crossing of said water main at some other location on said street in accordance with its comprehensive plan to the end that an ultimate tying in of the system will occur between the properties on the West side of said street and the properties on the East side of said street, City agrees as part of the construction and improvement of South Center Parkway (57th Avenue South) to extend the existing twelve (12) inch sanitary sewer line now located on the Easterly side of said street to the Westerly side of said street at or near the Southerly boundary of.the property of Hanako Yanagawa without payment of any further charges for the extension of such lines, City agrees to construct as part of the - continued- , KK /er Page 3 Order No. 643986 Exception No. 1 (continued) development and improvement of South Center Parkway (57th Avenue South) a 12" storm drainage line within the easement area herein granted, extending from the Northerly margin of Grantor's l property Southerly to the Southerly margin of Grantor's property. Grantee agrees to also construct five 12' tie -in -lines extending such drainage Easterly across South Center Parkway (57th Avenue South) to the storm drainage line paralleling South Center Parkway on the East side thereof. (Affects property herein described and other property)' 2. Relinquishment of access to State Highway No. 1 and of light, view and air by Deed to State of Washington, recorded December 7, 1962, under Recording No. 5516662. (Affects Parcel 2) 3. Question of marital status of Akiko Mikami former owner on March 10, 1938, date of acquiring title. NOTE 1: Title to Parcel 1 was acquired by Hanako Yanagawa in trust for Masao Mikami by deed recorded under Recording No. 5212350. Hanako Yanagawa is now deceased, as disclosed by release of inheritance tax recorded under Recording No. 740911 -0393. We are unable to determine the successor trustee for said party because the terms and conditions of the trust are not of record. We note also declaration of trust dated February 17, 1971 recorded under Recording No. 710222 -0428 identifying Akiko Shimatsu as Trustee for Masao Mikami for said property. We are unable to determine if said trust replaces the trust disclosed by deed recorded under Recording No. 5212350. NOTE 2: A proper lease must be executed and recorded before the policy can be issued. We also call your attention to the necessity of examing.the terms of the lease for provisions which might require the consent of the lessor to any transfer of the leasehold estate.. statutory warranty deed 5212350 . - The Grantor AK KO MIKAMI, owner of the property hereinafter :i•. described • her sole end separate estate, conveyance, receipt or other • NA, . , document executed by the trustee shall constitute full •: Ti4Z/ '..,. • and complete acquittance to any persons dealing with said ". -. . . ,I,"1',.':::--.-- - • -property, . . •41556 thls 22nd day of July 1960. I ..•,) 4V . ., ... MT I ; • ..I • ( • • • .■.1 cd4.....-•-.... %-../. 7'TFA'TT orw*H 1NOTONI COUNTY OF GING SS. tu • • • I CZ■Kta•-- On this lewd day of 40+1 1960. before me, the undersigned. • . • ; • Notary Public In and for the State of Washington, duly conoissioned • and sworn, personally appeared AKIKO MIKAMI, to me known to be the Individual described In and who executed the foregoing instrument. and acknowledged to me that she signed and sealed this said Instrument. • her free and voluntary act and deed for.the uses and purposes • therein mentioned. . , . . • . : • . t••■ • • . • ' . i •: : ..,':';'. .• ‘ •:.;.,...." :'? .';-.„.' .: • «.'• ' • : •:-.:'.. - '• • ' . .4 .. , i i'A , i.' '47i': ' , ( 11 : .' ' t ....; :!vt.„ '': - - •%* '• ' ' • ; • ••'•; • ••••••• • •••• • • !‘ • • 1.•• • • .. • 1; s 4, 7102220428 DEcLARATION OF TRUST THIS Declaration or Trust, made this day by AXIKO SHIMATSU, WITNESSETH: WHEREAS, AKIKO SHIMATSU holds legal title to certain unimproved real estate situated in King ^ount;, 'that" portion of t"ne • horsiva's`i - 'iii' •oi - um so'titnwer -174•- .. _ _ •.._ _ - ! (hereinafter referred to as the subdivision) in Sec .. tion 26, Township 23 North of Ranfe 4 E.W.M. lying west of the County Road and described as follows, to -wit: Beginning at the southwest corner of said subdivision; running thence north along the, west line of said sub- division a distance of 255 feet; thence east parallel with the south line of said subdivision to the west line of said County Road; thence south along said west line 255 feet more or less to the south line of said sub- division; thence west along said south line to the point of beginning. NOW, THEREFORE, for and in consideration of the love and affection she bears for her brother, MASAO.MIKAMI, herein- • after referred to as the beneficiary, she declares that she does hold and will continue to hold said real estate in trust for her said brother. With respect to said real estate, she and any successor trustee or trustees the court may appoint after the death or disability of Akiko Shimatsu to serve as trustee, herein- after referred to collectively as trustees, shall have all the powers conferred on trustees by the Washington Trust Act MCW 30.99. MO ULIS TIZ"" &x.3544 EEUI11.*1.1: 11. ' R WILLIAM& t The trustees shall hold, manage and use the said real estate and any income derived therefrom and the proceeds derived from any sale thereof for the care, maintenance and support of the beneficiary during his life taking into consideration his other resources, and as the trustees, in their discretion, deem necessary and appropriate; provided, ••- • ifouc.ver, • ;E:41f.t --4 L":: _. T, • . •. „,_, • • a •44 • 44 aan a•a4444 ••• 'The 'truliteeif Shill -4. to rely on the advice of legal counsel with full acquittance. After the death of the beneficiary, the trustees shall distribute the Said real estate, or the proceeds therefrom remaining in their hands, subject to estate and inheritance taxes due any taxing jurisdiction, to YAEKO MIKAMI, HARUKO HIRANAKA, MATT M. MIKAMI, HANAKO YANAGAWA and AKIKO SHIMATSU to share and share alike free of trust. If any distributee predeceases the beneficiary, the share of such deceased distributee shall be distributed to the surviving named diatributees to share and share alike. The above described real estate, any income derived therefrom and the proceeds from any eale or lease thereof shall not be liable for the debts of the beneficiary and shal: not be subject to process or seizure by any court and shall not constitute assets in bankruptcy or insolvency of the said beneficiary. The said beneficiary shall not have any power iMatever to anticipate, alienate or encumber his trust benefits hereunder or any part of the trust estate. If any • ; hn i • r,.. STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. . . f • .. • • . , 43 ..,„. 1 • •;,•. . . of the trust benefits hcreunder would, except for this pro PQ Ma i vision, be diverted from the beneficiary to some other person or persons, by operation of bankruptcy, judgment, assignment, • -..., ' conveyance, gift or the like, said beneficiary's trust benefit' •;, C: 7`. . - ............_................- ...........z•i;;;*M:::: ............mf.....--..l..:.:_i:1-1 "..:7 " :....:::-..... !• -- • — Ira ......-- ..v... . .. -........usa. 4 7 .1iit* - 1-Z , 4.. -.-..0"..4..-k....:-.1.4:'.7.-.-tifr yb:.-wiro.; .4" - .....n...:: ..••• 40.0... -..... such trust benefit is being withheld hereunder, the trustees may distribute such beneficiary's trust benefit at any tine (but in any event before the expiration of the trust) to the distributees who would take such trust benefit if the bene- ficiary were in fact deceased. The trustees shall serve as such without compensation and shall riot be required to comply with the Tristees Account- ing Act. DATED this ,/7 - day of February, 1971. . t 0 SHIMATSU (SEAL) On this day personally appeared before ac AKIKO SHIMATSU, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. OIVZI under my hand and Official seal this nal day of February, 1971. 1147 1111C• ror rums • (1 I )A,• of ifornia, residing at •••■16 trffF AT. SEA Y. °ARLEEN ELSTON am. OWILIC•CM.091111111 • • • • Form No. W-AK- 555.1. (Previous Form No. 80 SP) Drawn by Cbecked Due Plat VoL PG. Order No 4,93 1g G ,0 • i 0" qo To assist in locating the premises. It I not based on a survey, and the company assumes no liability for variations if any, in dimensions and location. 4 111 ( /b u .0 49/4 nc .2 v ... ski ( "n a t rt y Sw iy 9i -.?,y - fe SKETCH OF PROPERTY SE OUT IN ATTACHED ORDER PO n is ° os ' VZ w lei, a' pfn ne YY sw' .e -.23• Note —This map does not purport to show all highways, roads or easements affecting the property. . ELEVATION . 4. MASTER LAND DEVELOPMENT APPLICATION FORM SUPPLEMENTARY QUESTIONAIRE Schedule Q WAIVER APPLICATION 1. State specifically the action in Ordinance No. 1137 to which you are requesting a waiver: Permission to develop in an environmentally critical area sensitive area 2. Briefly and generally describe the project you are proposing: 1- story free standing restaurant, of about 13,300 s.f. additionally there will be approximately 188 parking stalls on the site 3. Is your project unique in terms of design, land use or benefit to the Tukwila community? Yes, the design is aesthically appealing and the use of significant areas of landscaping have been employed to blend with the existing land 4. Is your project significant in scale? No. The building will cover approximately 12% of the site. the remain r will be devoted to landscaping and parking. The height of the building is approximately 24'± S. If the request for waiver involves building, grading, clearing, excava- tion, or filling in an environmentally - sensitive area, what mitigating solutions do you propose to offset the impact of such activities? Propose a rockery wall at area to be cut along with landscaping. We will slope wall so as not to disturb existing slope stability along with adequate drainage for the slope. 6. What goals and policies can you identify which support your request • for waiver, if any? Attempting to encourage growth where growth has been established by planning goals & attempt- ing to control traffic flow in & around the site. 7. In your opinion, do the requirements of waiver ordinance 1137 impose a hardship on the use and development of this site? Yes City of Tukwila 6200 Southcenter Boulevard Tukwila Wastington 98188 MASTER LAND DEVELOPMENT APPLICATION FORM FEES: RCPT. M.F. EPIC. ,,, .11lr„ ; . 'NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. iy ;II SECTION I: GENERAL DATA y APPLICANT'S NAME Akiko Shimatsu TELEPHONE :( 575 -0819 2) ' APPLICMT' S ADDRESS 16 813 South Center p k w ' : 98188 w AkiKo snimatsu(trustee) 3) PROPERTY OWNER'S NAME T a k u N l M i k a m i PRwy . TELEPHONE : a.8 4) PROPERTY OWNER'S ADDRESS 16813 Southcenter ZIP: 98188 5) LOCATION OF PROJECT: (geographic or legal descrip.) West side of South Center Parkway, North of Union Pacific Rai 1road•Spur. KROLL PAGE: 6) WS OF PROJECT(CPTIONAL) Far West Services /Wendy s SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: A free standing restaurant rnmpricad of Cnrn's R Raxter't_ Coco's is a coffee shop and Baxter's is a dinnerhouse with a lounge. 8) DO YOU PROPOSE TO DEVELOP THIS PROTECT IN PHASES? OYES ONO 9) PROJECT DATE a. NET ACRES 2.59 c. PARKING SPACES 188 b. GROSS ACRES :6.36 d. FLOORS OF CONSTRUCTION 1 e. LOT, AREA COVERAGE BLDG 13 , 3 0 0 SQ . FT. LANDSCAPE 18 , 335 PAVING 75 , 0009Q. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? DYES ONO 11) EXISTING ZONING R-1 12. EXISTING COMP. PLAN C-2 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION El YES El NO ON THE CITY'S ENVIRONAENTAL BASE MAP? SQ. FT. 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. I nc . a. NAME: Far West Services, ADDRESS: 2701 Alton Ave . ,Irvine, CA b. NAME: ADDRESS: OVER SECTIONN III: APPL AFFIDAVIT I, /[ X17 M'4' L1 , being duly sworn, declare that I am the contract pure aser or owner o �t ee property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. DATEE j 'e4/ 7, X Subscribed and sworn before me this /7 761 day of TU L) , 19,0. a. in a nd for the St el1/4- Notary Public i Washington residing at (Si ure of Contract Purchaser or.owne,r).. SECTION IV: SUPPORTING MATERIAL REQUIREMENTS NOTE: All applications require certain supporting documents and information which are described in the following table: TYPE OF APPLICATION (CHECK BOX(ES)) SUPPORTING INFORMATION REQUIRED REZONING 1E, 2, 3, 4, 5, 7, 11" CONDITIONAL USE PERMIT 1C, 3, 4, 5, 7, 11 VARIANCE 1F, 4, 7, 11 or 17 COMPREHENSIVE PLAN AMENDMENT 1D, 3, 4, 5, 7, 11, 12 SHORELINE MGMP. PERMIT 1B, 3, 4, 5, 7, 10, 11, 13 SHORELINE MGMf PERMIT REVISION 4, 10, 16 WAIVER 1A, 3, 4, 11, 12, 13 s SHORT PLAT 4, 5, 9 BINDING SITE D4PRCNEMENT PLAN 4, S, 8 ARCHITECTURAL REVIEW 11, 12, 13 LANDSCAPE REVIEW 14 SUBDIVISION 4, 5, 6, 15 SIGN VARIANCE 4, 6, 16, 17 * *See TABLE 1 for detailed description City of Tukwila 6200 Southcenter Sword %kw As lAbetingion 90i88 MASTER LAND DEVELOPMENT APPLICATION FORM EXISTING ZONING • R-1 PROPOSED REZONE SITE IS WITHIN TUKWILA CITY LIMITS EXISTING ZONING CLASSIFICATION AND USE OF SURRAJNDING PARCELS: ZONE NORTH R-1 sarm CPR EAST r _ M WEST R-1 REQUESTED ZONING USE approximately 13,000 square feet SUP "AENTARY QUESTIONAI RE Schedule E REZONE APPLICATION co. C -2 To be re -zoned for C -2 Furniture Store & Restaurant .1 r Penny Ilictrihutinn rtr Interstate 5 and slope of hill USES PROPOSED TO BE DEVELOPED ON PROPOSED REZONE SITE restaurant o f ACCESS TO THE PROPOSED REZONE SITE IS FROM A DEDICATED, IMPROVED PUBLIC RIGHT -OF- WAY IDES ONO. (If "NO ", please describe how the site is accessed PROVISIGIS TO BE MADE FOR ADEQUATE SEWER AND WATER SERVICES exist. S ewe r i s ,located on west side of Southcenter Parkwa ) St. water service is located on east side of Southcenter Parkway. In both cases, existing utilities are adequate for servicing new restaurant.