HomeMy WebLinkAboutPermit 80-30-R - MOODY - REZONE80-30-r
13975 interurban avenue south
80-36-ss
moody rezone
MOODY REZONE
COMPREHENSIVE PLAN AMENDMENT
COMPREHENSIVE LAND USE PLAN AMENDMENT
CITY OF TUKWI
WASHINGTON
ORDINANCE NO /c?? O /
AN ORDINANCE RECLASSIFYING CERTAIN LANDS FROM R -1 -7.2
TO C -2 WITHIN THE CITY OF TUKWILA AS DESCRIBED IN PLAN-
NING DEPT. MASTER FILE NO. 80 -30 -R.
WI- AREAS, a Declaration of Nonsignificance was granted by the
responsible official on 16 November 1980, under City file EPIC - 146 -80, and;
WHEREAS, said Declaration of Nonsignificance pertains only to
the legislative act of rezoning and reserves the City's option to conduct
seperate environmental review for any project proposed subsequent to the
grant of the rezone, and;
WHEREAS, the Planning Commission, at a regular meeting on 11
December, 1980, after conducting a public hearing, has recommended approval
of the rezone request subject to compliance with two stipulations, and;
N0W, THEREFORE, The City Council of the City of Tukwila, Wash-
ington, does ordain as follows:
Section 1. The real property which is the subject of this ordi-
nance is described in the attached legal description and site map (Exhibit A).
Section 2. After reviewing the documents set forth in Planning
Department master file 80 -30 -R, and having heard materials presented by the
property owners and their representatives, the City Council makes the follow-
ing findings of fact:
A. The real property, which is the subject of this rezone re-
quest, is described in Exhibit A. It is now zoned R -.1.
B. The zoning classification depicted on Exhibit A is consis-
tant with the goals and policies of the Comprehensive Plan.
C. The proposed rezone action will not be injurious to the
peace, safety, health or general welfare of the community nor injurious to
property value in the immediate vicinity.
D. Implementation of improvements identical to,.orsubstanti-
ally the same as, those proposed under Conceptual Master Plan Exhibit "B"
will provide adequate circulation and utility access.
Section 3. Based on these findings of fact, the Council makes
the following conclusions and conditions relating to and restricting the sub-
ject real property;
A. Development of the subject rezone area shall conform to the
concept depicted on Exhibit "B" attached to ordinance.
B. The existing toe of slope elevation as of this date is not
to be disturbed for any development purpose (i.e. parking, building or land-
scaping).
Section 4. The zoning map adopted by reference by Ordinance No.
251 is hereby amended to reflect the changes by the.rezoning action taken in
this ordinance.
Section 5. The City Clerk is directed to record a copy of this
ordinance and attachments with the King County Department of Records and Elec-
tions.
Section 6. The conditions and restrictions contained in this
ordinance shall be covenants and restrictions running with the land and shall
be binding on the owners, their heirs, successors and assigns.
C)
O _
CV
O
CO
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, Washington,
at a regular meeting thereof this /90 day of c i t ,«.y , 1981.
CITY OF TUKWILA •^•.•!!
PROVED AS TO FORM:
wrence E. Hard, City Attorney
Published: Record - Chronicle - January 23, 1981
ORDINANCE NO. /G D / , Page 2
BY
A'1ThST:
T od
Mayor
Fr , yor
/ ..0(4
4& City Clerk
CD
0
aD
N, ev 31- 31"W. Zaq.o&
® 20 '48'oZ" a. 51 55
® u, le` I&48 " C..
tr
- T • - •• -. -
• CHI grr_'
t i i ,
I iT i
1
• ,..
b ar, I / i / Z
. \.44 7\
1 1j.) F I I/ .
4
I r
LEGAL DESCRIPTION
0
•
J
••
Commencing at the intersection of the south line of the Stephen
Foster Donation Land Claim #38 with the westerly margin of Inter-
urban Ave. and proceeding N 88 °32'31" W along said south line
80.20 feet to the True Point of Beginning: .
Thence continuing along said south line of the Stephen Foster
Land Claim #38, N 88 °32'31" W 204.08 feet; Thence S 08 ° 37'00" E
90.00 feet; Thence S 33 ° 04'33" E 295.62 feet; Thence S 20 ° 48'02" E
52.55 feet; Thence N 46 °18'48" E 4.13 feet to the west line of
Hillman's Seattle Garden Tracts according to plat recorded in
Volume 1.1 of Plats, page 24, in King County, Washington; Thence
proceeding along said west line N 01 ° 08'37" E 377.85 feet to the
True Point of Beginning.
Situate in the SW 1/4 of Section 14, T 23 N, R 4 E, W.M.
in King County, Washington.
• ` b
—
O. •
81021003
J-'
8105120686
AFTER RECORDING PLEASE MAIL TO:
WESTERN PACIFIC PROPERTIES
?3838 Pacific Highway South
ederal Way, WA 98003
Attn: Lesley
Agreement made this ' 7 day of May, 1981, between DONALD
A. MOODY and NANCY MOODY, husband and wife, STEVEN M. HARRIS
and BENITA HARRIS, husband and wife, and JOHN F. BLOOMQUIST and
JANICE S. BLOOMQUIST, husband and wife, all as tenants in
common ( "Moody "), and SEATTLE REALTY, INC., PENSION TRUST
( "Seattle Realty "), hereinafter sometimes collectively referred
to as "the parties ".
WHEREAS, Moody is the owner of Lots 1, 2 and 3, and Seattle
Realty is the owner of Lot 4 of the following described prop-
erty:
herein contained, the parties covenant and agree for them-
selves, and their heirs, successors and assigns, as follows:
1. Easement to Seattle Realty. Moody grants to Seattle
repairing & maintaining
Realty an easement for the purpose of constructing/ an entryway
and parking area as indicated on the site plan, a copy of which
is attached hereto as Attachment B, the cost of construction of
the parking area and entryway to be borne by Seattle Realty.
Seattle Realty grants to Moody and all tenants and licensees of
the Moody property, or any part thereof, and their business
invitees, licensees and employees, the right to use the entry -
ingress and egress
way, free of charge, for moncauus to the Moody property.
) , U
Shu!_J?13 Y SOH10aN
•
�, i ? f JIVE Cy
.1
Lots 1, 2, 3 and 4 of Short Plat No. 80- 36 -SS, File
No. 8102020582, situate in King County, Washington,
and more fully described on Attachment A hereto which
is incorporated herein by this reference, and
NOW, THEREFORE, in consideration of the mutual agreements
Flied by TA
RECIP
ROCAL EASEMENT AGREEMENT "'' •
-1-
II
MAY 121981 ( ft by TA
-2-
81'0S.12
F• - _: r. F
2. Mutual Parking Easement. Moody and all tenants and
licensees of the Moody property, or any part thereof, and their
business invitees, licensees and employees, shall have the
right to use, free of charge, the parking area constructed by
Seattle Realty (which expression as used herein includes
entrances, exits, driveways and walks) in common with Seattle
Realty. All tenants and licensees of the property owned by
Seattle Realty, or any part thereof, and their business
invitees, licensees and employees shall have the right to use,
free of charge, any parking areas constructed by Moody (which
expression as used herein includes entrances, exits, driveways
and walks).
3. Maintenance of Parking Areas. Until Moody has com-
pleted construction of a parking area on the Moody property,
Seattle Realty shall be responsible for maintenance and upkeep
of the parking area which is designated on Attachment B here-
to. Once Moody has completed construction of any additional
parking on the Moody property, the maintenance and upkeep costs
for all the parking areas shall be borne equally between Moody
and Seattle Realty.
4. Covenants Running with Land. The easements hereby
granted, the restrictions hereby imposed, and the agreements
herein contained shall be easements, restrictions and covenants
running with the land and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns, including, but without limitation, all
*0$6E
8.00
22
subsequent owners of the premises within the short plat and all
persons claiming under them.
IN WITNESS WHEREOF, the parties hereto have signed this
agreement the day and date first above written.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
Flied by TA
S EVEN M. HARR S
1. [C!E et 1.
BENITA HARRIS
JANICE S:
SEATTLE
TRUST
By
HN F. BGOOMQUIS
T.
OMQU WT
REALTY, INC., PENSION
On this day personally appeared before me DONALD A. MOODY
and NANCY'MOODY, to me known to be the individual described in
and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and volun-
tary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal.thks'.P• day of May,
1981.
ROTARY PUBLIVi.*.and the State of
Washington, ; rPsx ing- at' �Cing County
-3- •. ? • SZ �
L
CD
Witness my hand and official seal hereto affi3ed t y .
and year first above written. •�
6274A
4.11r.0110.••■•••
MAY 121981 F11ed by TA
-5-
NOTARY PUBLIC' in and ; f!or .tie
State of Washington; iesr.di•ng i .
in King County
•
IN
Mr. Mark Caughey
Planning & Zoning Department
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Re: Sperry Marine Building
13975 Interurban Avenue, South
Tukwila, Washington
Reciprocal Easement Agreement
Dear Mark:
LJB /sl f
Enclosure
WESTERN PACIFIC PROPERTIES, INC.
Commercial Brokerage Company
May 12, 1981
Please find enclosed for your records a copy of the corrected Reciprocal
Easement Agreement, which is being recorded in King County this date.
At such time as we are in receipt of a copy of the recorded document back
from the County, I will send you a copy of same.
Thank you once again for all of your assistance in this matter. Please
contact me should you have any questions.
Sincerely,
ESTERN PACIFIC PR PERTIES
c ____
Lesley J. Bock
Project Coordinator
KING COUNTY AUDITOR'S FILE NO: 8105120686
Document recorded - May 12, 1981 official records King County, Washington
33838 Pacific Highway South • Federal Way, Washington 98003 • (206) 838 -6070 • 624 -1250
AFTER RECORDING PLEASE IL TO:
WESTERN PACIFIC PROPER
33838 Pacific Highway S uth
Federal Way, WA 98003
Attn: Lesley RECIPROCAL EASEMENT AGREEMENT
Agreement made this (1 day of May, 1981, between DONALD
A. MOODY and NANCY MOODY, husband and wife, STEVEN M. HARRIS
and BENITA HARRIS, husband and wife, and JOHN F. BLOOMQUIST and
JANICE S. BLOOMQUIST, husband and wife, all as tenants in
common ( "Moody "), and SEATTLE REALTY, INC., PENSION TRUST
( "Seattle Realty "), hereinafter sometimes collectively referred
.to as "the parties ".
WHEREAS, Moody is the owner of Lots 1, 2 and 3, and Seattle
Realty is the owner of Lot 4 of the following described prop-
erty:
Lots 1, 2, 3 and 4 of Short Plat No. 80- 36 -SS, File
No. 8102 02 058 2, situate in King County, Washington,
and more fully described on Attachment A hereto which
is incorporated herein by this reference, and
NOW, THEREFORE, in consideration of the mutual agreements
herein contained, the parties covenant and agree for them-
selves, and their heirs, successors and assigns, as follows:
1. Easement to Seattle Realty. Moody grants to Seattle
repairing & maintaining
Realty an easement for the purpose of constructing/an entryway
and parking area as indicated on the site plan, a copy of which
is attached hereto as Attachment B, the cost of construction of
the parking area and entryway to be borne by Seattle Realty.
Seattle Realty grants to Moody and all tenants and licensees of
the Moody property, or any part thereof, and their business
invitees, licensees and employees, the right to use the entry -
ingress and egress
way, free of charge, for INOOMM to the Moody property.
2. Mutual Parking Easement. Moody and all tenants and
licensees of the Moody property, or any part thereof, and their
business invitees, licensees and employees, shall have the
right to use, free of charge, the parking area constructed by
Seattle Realty (which expression as used herein includes
entrances,
Realty.
Seattle
exits, driveways and walks) in common with Seattle
All tenants and licensees of the property owned by
Realty,
or any part thereof, and their business
invitees, licensees and employees shall have the right to use,
free of charge, any parking areas constructed by Moody (which
expression as used herein includes entrances, exits, driveways
and walks).
3. Maintenance of Parking Areas. Until Moody has com-
pleted construction of a parking area on the Moody property,
Seattle Realty shall be responsible for maintenance and upkeep
of the parking area which is designated on Attachment B here-
to. Once Moody has completed construction of any additional
parking on the Moody property, the maintenance and upkeep costs
for all the parking areas shall be borne equally between Moody
and Seattle Realty.
4. Covenants Running with Land. The easements hereby
granted, the restrictions hereby imposed, and the agreements
herein contained shall be easements, restrictions and covenants
running with the land and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns, including, but without limitation, all
subsequent owners of the premises within the short plat and all
persons claiming under them.
IN WITNESS WHEREOF, the parties hereto have signed this
agreement the day and date first above written.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
-3-
�4 . /0
STEVEN M. HARRI
BENITA HARRIS
JANICE S
L-OOMQ L T
SEATTLE REALTY, INC., PENSION
TRUST
By
HN F. BLOOMQUIS '41°1-7'1
GIVEN under my hand and official seal this
1981.
tary act and deed for the uses and purposes therein
2U
•
Title:'
On this day personally appeared before me DONALD A. MOODY
and NANCY MOODY, to me known to be the individual described in
and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and volun-
mentioned.
day of May,
NOTARY PUBLIC in and for the State of
Washington, residing at King County
I
• •
C
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me STEVEN M. HARRIS
and BENITA HARRIS, to me known to be the individual described
in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as.their free and volun-
tary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this r � day of May,
1981.
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me JOHN F. BLOOM -
QUIST and JANICE S. BLOOMQUIST, to me known to be the individu-
al described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their
free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this "J day of May,
y,
1981.
STATE OF WASHINGTON
COUNTY OF KING
) ss
NOTARY PUBLIF in and for the State of
Washington, residing at King County
NOTARY PUBLIC in and for the State of
Washington, residing at King County
On this ' day of May, 1981, before me, the undersigned,
a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared ' 1 i HI S }
, to me known to be the :�'.!. t ' , l .1 1 ' c bf
SEATTLE REALTY, INC., PENSION TRUST, the 'corporation that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and
on oath stated that (s)he is authorized to execute the said
instrument and that the seal affixed is the corporate seal of
said corporation.
-4-
•
•
6274A
C
Witness my hand and official seal hereto affixed the day
and year first above written.
.\. _A U r
\`NV
;&
NOTARY PUBLIC iri and for the
State of Washington; residing
in King County
RECIPROCAL EASEMENT AGREEMENT
Agreement made this '`1 -- -- day of May, 1981, between DONALD
A. MOODY and NANCY MOODY, husband and wife, STEVEN M. HARRIS
and BENITA HARRIS, husband and wife, and JOHN F. BLOOMQUIST and
JANICE S. BLOOMQUIST, husband and wife, all as tenants in
common ( "Moody "), and SEATTLE REALTY, INC., PENSION TRUST
( "Seattle Realty "), hereinafter sometimes collectively referred
to as "the parties ".
WHEREAS, Moody is the owner of Lots 1, 2 and 3, and Seattle
Realty is the owner of Lot 4 of the following described prop-
erty:
Lots 1, 2, 3 and 4 of Short Plat No. 80- 36 -SS, File
No. 8102020582, situate in King County, Washington,
and more fully described on Attachment A hereto which
is incorporated herein by this reference, and
NOW, THEREFORE, in consideration of the mutual agreements
herein contained, the parties covenant and agree for them-
selves, and their heirs, successors and assigns, as follows:
1. Easement to Seattle Realty. Moody grantstp Seatt e,
Realty an easement for the purpose of const uctin'Aan'entryway
and parking area as indicated on the site plan, a copy of which
is attached hereto as Attachment B, the cost of construction of
the parking area and entryway to be borne by Seattle Realty.
Seattle Realty grants to Moody and all tenants and licensees of
the Moody property, or any part thereof, and their business
invitees, licensees and employees, shade dye the right to use
the entryway, free of charge, for access to the Moody property.
R fl 12 ?.U1 l '&I Wil i EPIoridL GNAM6Es ks IN Dicgr.p
MLA- s
-1-
2. Mutual Parking Easement. Moody and all tenants and
licensees of the Moody property, or any part thereof, and their
business invitees, licensees* and employees, shall have the
right to use, free of charge, the parking area constructed by
Seattle Realty (which expression as used herein includes
entrances, exits, driveways and walks) in common with Seattle
Realty,a -mod All tenants and licensees of the property owned by
Seattle Realty, or any part thereof, and their business
invitees, licensees and employees shall have the right to use,
free of charge, any parking areas constructed by Moody (which
expression as used herein includes entrances, exits, driveways
and walks).
3. Maintenance of - Parking Areas. Until Moody has com-
pleted construction of a parking area on the Moody property,
Seattle Realty shall be responsible for maintenance and upkeep
of the parking area which is designated on Attachment B here-
to. Once Moody has completed construction of any additional
parking on the Moody property, the maintenance and upkeep costs
for all the parking areas shall be borne equally between Moody
and Seattle Realty.
4. Covenants Running with Land. The easements hereby
granted, the restrictions hereby imposed, and the agreements
herein contained shall be easements, restrictions and covenants
running with the land and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors and assigns, including, but without limitation, all
c
subsequent owners of the premises within the short plat and all
persons claiming under them.
IN WITNESS WHEREOF, the parties hereto have signed this
agreement the day and date first above written.
STATE OF WASHINGTON )
ss.
COUNTY OF KING
GIVEN
1981.
-3-
.��if. -? (mot -'t/` � � • / 47 4 - /
STEVEN M. HARR S"
BENITA HARRIS
L`l�1.'Lt J
By
HN F. BLOOMQU I S
JANICE S . BLOOMQUI
SEATTLE REALTY, INC., PENSION
TRUST
On this day personally appeared before me DONALD A. MOODY
and NANCY MOODY, to me known to be the individual described in
and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and volun-
tary act and deed for the uses and purposes therein mentioned.
under my hand and official seal this I day of May,
NOTARY PUBLIC in and for the State of
Washington, residing at King County
STATE OF WASHINGTON )
)
COUNTY OF KING )
ss.
On this day personally appeared before me STEVEN M. HARRIS
and BENITA HARRIS, to me known to be the individual described
in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and volun-
tary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this f 7 day of May,
1981.
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
NOTARY PUBLIC in and for the State of
Washington, esiding at King County
On this day personally appeared before me JOHN F. BLOOM -
QUIST and JANICE S. BLOOMQUIST, to me known to be the individu-
al described in and who executed the within and foregoing
instrument, and acknowledged that they signed the same as their
free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this ■1
1981.
day of May,
r1
} I
NOTARY PUBLIC in and for the State of
Washington, PUBLIC, at King County
STATE OF WASHINGTON )
ss
COUNTY OF KING )
1
On this J } day of May, 1981, before me, the undersigned,
a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared 1 H'x J :1 - 1 0
, to me known to be the � ' t J j . (i (' c_. bf
SEATTLE REALTY, INC., PENSION TRUST, the 'corporation that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and
on oath stated that (s)he is authorized to execute the said
instrument and that the seal affixed is the corporate seal of
said corporation.
-4-
•
6274A
Witness my hand and official seal hereto affixed the day
and year first above written.
A4) Q.cx, z — 1), c
NOTARY PUBLIC in and for the
State of Was ington; residing
in King Count
iv.1LA GITT COUNCIL :•.'COMMITTEE OF THE WHOLE MEETING.
-January d ry►_:. 2•i • 198
Mi - mood Habitat,
between 56th Ave.
S. & Interurban
at approx. So.
137th, request
for reconsidera-
tion of waiver
to increase dens-
ity level author.
by C. C. 2/19/80
- contd.
RECESS
45- 9:55 P.M.
Application for
rezone of site
at S. 139th &
Interurban (Lutes
property).
Draft No. 4 of
r- revised Zoning
Ordinance.
Foster golf Course
Bridge Report.
'•Councilman Phelps said her consideration is not based on the economics
but the Comprehensive Plan of density on that site. If the Council
decided to cascade she would like to see what the developer might
come up with and not look at the site as a total.
Mr. Campanella said the zoning is C -2. They filed for a building
permit in October 1979 and fourteen or fifteen months is a long time to
wait for a building permit. Every time they come to the Council they
get a different answer. Everything in the ordinance is not cut
and dried. They are trying to be reasonable.
Councilman Harris said the Comprehensive Plan has changed the zoning
to multiple high density.
*MOTION CARRIED, WITH BOHRER VOTING NO.
Councilman Bohrer said he thought the City should not spend any of
Staff time going back and making a report on what has taken place.
Councilman Van Dusen said if Mr. Campanella wants to submit additional
information, it should be submitted by Thursday prior. Monday-
night meeting on January 26, 1981.
MOVED BY HILL, SECONDED BY PHELPS, THAT THE TUKWILA CITY COUNCIL
COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION
CARRIED.
The Tukwila City Council Committee of the Whole Meeting was called
back to order by Chairman Van Dusen, with Council Members present
as previously listed.
John Moody, applicant, said the site's frontage on Interurban Avenue
is already zoned C -2; however, in order to develop the office complex
they are planning, it is necessary to rezone the remainder of the
site from R -1 to C -2. He said the Planning Commission has approved the
project, predicated on substantial compliance with a conceptual
development plan for the entire site. This will be an office complex
of 2,400 to 3,000 square feet. They will be one story buildings.
In the Comprhensive Plan it is zoned C -2.
Councilman Bohrer asked for the location of the storm drain. Mr.
Moody said they located it and he showed the location on a map.
Councilman Bohrer said he noted the stipulations in Section 3 of the
proposed ordinance which states the development of the subject rezone
area shall conform to the concept depicted on Exhibit B attached to
the ordinance and the existing toe of slope elevation as of this date
is not to be disturbed for any development purpose (parking, building
or landscaping).
Councilman Harris asked if the entrance to all four buildings will be
off Interurban Avenue; one entrance will serve all four buildings.
Mr. Moody said that was correct.
MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE PROPOSED ORDINANCE
BE ON THE AGENDA OF THE JANUARY 19, 1981 REGULAR COUNCIL MEETING.
MOTION CARRIED.
Mark Caughey, Acting Planning Director, said the Planning Department
would present Draft No. 4 of the Zoning Ordinance to the Council at
the Committee of the Whole Meeting on January 24, 1981. The Planning
Commission has approved the ordinance. He suggested that the Council
Members bring their copies of Draft No. 4 to the meeting with them.
Ted Uomoto, Director of Public Works, said he had met with representa-
tives regarding the repair of the birdge. He said he felt the
temporary repair would not be prudent.
INTRODUCTION
t
AGENDA ITEM
The heirs of the Burton Lutes Estate
have entered into a contract for pur-
chase of the property by a develop-
ment company wishing to create an
office -park. The site's frontage on
Interurban Avenue is already zoned
C -2; However, in order to develop
the office complex at the envisioned
scale, it is necessary to rezone the
remainder of the site from R -1 to C -2.
CITY OF TUKWILA
PLANNING DIVISION
STAFF REPORT
Application 80 -30 -R -- Moody Rezone
SITE
DISCUSSION
The Planning Commission's review of
the rezone proposal centered on the
relationship of the rezone boundary
to the topography of the site. No-
tice on exhibit one that elevation
25' forms the toe -of- slope, while
elevation 50' represents the approximate top -of -bank. To insure that no disturbance
of the slope occurs during site development, the commission .recommends that the toe -
of -slope line be retained as the westerly development limit, even though C -2 zoning
would extend to the top of the escarpment. Note that the accompanying ordinance in-
cludes such a stipulation, and that section 6 of the document would make this stip-
ulation a permanent deed restriction.
Note also that the rezone approval recommendation is predicated on substantial compli-
ance with a conceptual development plan for the entire site. (See ordinance exhibit B).
RECOMMENDATION
Staff recommends approval of application 80 -30 -R, as provided in the accompanying
draft ordinance.
i \
P a•C
Ti
e*.? I : , • t `')
4(1YnI wANO ORJ I E ; -if 142A140
•' LJ V ,
\\
AG
"JELL•; eDSL 04NAr10Af
i ti
• ••i
P. '5•C3
l2)
■
4
0 1
(I;
IP
•
Jr . r ;
✓roC
t1.0
C
ALBERT E. DOWS NIG _.
'QAG
• ^ C 1.1 ee
i 0.
.z S .ACA Tea l /S T
,
1411.0 9 12
El
13 ! 18 11
sz;19
YC —Y -
1o
EXHIBIT ONE
C -2 Zone by Ord. 432
C -2 Zone by Ord. 984
Proposed Rezone Area.
•
8 ,
32
• • e-
U N. DS 32
0
�.
•
SI W. 2440
® ,. 20 E . 52 .55 '
® u /4' IS' .tS" C.. 4.13'
!t.
•
1 01 .► ...
-S --
� / % %
N I
ZN i�. 1
_si 1 — , _ MOMIM IMMID AMMO AMM
1
1
w
o .11• OM .• .N.
. : / i
1 , --.
le ..)
V I e;
,
l
- - - - - -
- -
1 kvl I
i 1
I 1 ;
I � 1 1
I
LEGAL DESCRIPTION
N ��' : : .
/ /
/
■h
e)<H111
Commencing at the intersection of the south line of the Stephen
'Foster Donation Land Claim #38 with the westerly margin of Inter-
urban Ave. and proceeding N 88 °32'31" W along said south line
80.20 feet to the True Point of Beginning:
Thence continuing along said south line of the Stephen Foster
Land Claim #38, N 88°32'31" W 204.08 feet; Thence S 08 E
90.00 feet; Thence S 33 °04'33" E 295.62 feet; Thence S 20 ° 48'02" E
52.55 feet; Thence N 46 °18'48" E 4.13 feet to the west line of
Hillman's Seattle Garden Tracts according to plat recorded in
Volume 11 of Plats, page 24, in King County, Washington; Thence
proceeding along said west line N 01 °08'37" E 377.85 feet to the
True Point of Beginning.
Situate in the SW 1/4 of Section 14, T 23 N, R 4 E, W.M. •
in King County, Washington.
exhibit e
Page 3
Planning Commission
11 December 1980
Chairman Kirsop expressed his desire that the minutes reflect the proposed C -1
zone as permitting tune -up facilities in service stations. This was in response
to an \issue raised in the Strander letter which was submitted to the Commissiorl0
this evening. ,
A recess was �K
taken at 9:15 p.m. The meeting was reconvened by Chairmanirsop at
9:20 p.m. ,„, e
MOTION BY MR. ORRICO''AND SECONDED BY MR. JAMES TO APPROVE THE MIN OF THE PUBLIC
HEARING ON THE PROPOSED ZONING ORDINANCE OF 23 OCTOBER 1980. , MOTION CARRIED.
MOTION BY MR. JAMES AND SECONb6�o BY MR. SOWINSKI TO APPROVE THE MINUTES OF THE CON -
TINUED REGULAR OCTOBER MEETING ON'THE PROPOSED ZONING"�ORDINANCE HELD 29 OCTOBER 1980.
MOTION CARRIED.. �'``c. \ "
MOTION BY MR. SOWINSKI AND SECONDED BY MR)ORRICO TO APPROVE THE MINUTES OF THE
CONTINUED REGULAR OCTOBER MEETING ON THE' ZONING ORDINANCE HELD 13 NOVEMBER
1980. MOTION CARRIED. ,'''' `, .
MOTION BY MR. ORRICO AND SECONDED BY MR. JAMES TO APPROVE MINUTES OF THE REGULAR
BUSINESS OF THE 23 OCTOBER -I'980 MEETING OF THE PLANNING COMMISSION. MOTION CARRIED.
Staff updated the Planning Commission regarding recent City Cound a Land Use actions.
Commissions dames expressed to staff his desire that members of the Pl nging Com-
mission notified of future City Council meetings on the zoning ordinance:N,Staff
respo ed that a notice of any hearings would be sent out beforehand to the Cam,
m°f oners .
Chairman Kirsop called for the staff report on the Moody rezone. Caroline Berry
read the staff report into the record, stating that the request was for rezoning
from R -1 to C -2 on approximately 1.5 acres of undeveloped land lying at about
13900 Interurban Avenue. Said application was contained in Planning Division file
M/F 80 -30 -R.
Chairman Kirsop opened the public hearing at 9:40 p.m.
Don Moody, owner, testified that he had come to agreement with Mr. Mark Caughey re-
garding a number of points in the staff report. He stated he agreed with the stip-
ulation that there would be no disturbance to the toe of the slope on the property's
west border. Also, he stated that the proposed conceptual site development plan
represents their future intentions for the site. He recommended that the zone bound-
ary follow the property line on the west side rather than the toe of slope.
Chairman Kirsop closed the public hearing at 9:55 p.m.
Commissioner James stated that he had lived in the area and that considerable fill
material had been placed on the Upland property, possible making it susceptible to
sliding. He stated that as a professional engineer he would not recommend disturb-
ing the toe of slope.
Jim Patton, audience, stated that he did not agree with Commissioner James' state-
ment about slope stability. He said he had lived in the area and did not believe
the slope area had been filled.
Page 4
Planning Commission•
11 December. 1980.
MOVED BY MR. ORRICO AND SECONDED BY MR. SOWINSKI TO RECOMMEND THE CITY COUNCIL RE-
CLASSIFY THE SUBJECT PROPERTY AS DESCRIBED IN EXHIBIT B (MF #80 -30 -R) TO C -1 WITH
THE FOLLOWING CONDITIONS:
1. THE EXISTING TOE OF SLOPE WHICH EXISTS AT THIS DATE IS NOT TO BE DIS-
TURBED FOR ANY DEVELOPMENT PURPOSE (I.E., PARKING, BUILDING, OR LAND-
SCAPING);
2. DEVELOPMENT PLANS CONFORM TO DOCUMENTS ON FILE IN THE PLANNING DEPARTMENT,
INDENTIFIED AS EXHIBIT A.
MOTION CARRIED.
Al Pieper, Building Official,read the staff report on the proposed additional sign-
ing at 13400 Interurban Ave S.
Mr. Gary Allan of Heath Northwest Inc. spoke for the applicant. Mr. Allan described
the sign area and location, and the reasons why the additional sign is needed.
Discussion on the merit of the sign followed.
MR. ORRICO MOVED TO RECOMMEND APPROVAL OF THE SIGN, RECOGNIZING THAT THE BUILDING
AREA IS 1300 SQUARE FEET AND THE SIZE OF THE SIGN SHOULD CONFORM TO THE SIZE RE-
STRICTIONS OF ORDINANCE 1175. SECONDED BY SOWINSKI, MOTIONED PASSED UNANIMOUSLY.
Discussion on Ordinance 1175. Al Pieper, Building Official suggested that the
ordinance to repeal ordinance 1175 should contain the reason for repeal, perhaps
in the form of a "Whereas ".
After a short discussion Mr. Kirsop suggested the following:
"WHEREAS, Ordinance 1175 is unclear in its intent and;
WHEREAS, Ordinance 1175 is creating policy and administrative problems."
The suggestion met with general agreement from members present and staff.
MOVED BY ORRICO,SECONDED BY JAMES,TO ADJOURN.
Meeting adjourned at 11:08 p.m.
Minujes Prepared By: Eileen Avery,
Secretary
tJ
red Satterstrom, Planner
■
e a i%
Al Pieper, Building Official
FS /'AP /blk
Tukwila Planning Commission
AGENDA ITEM
Request: Rezone from R -1 -7.2 to
C -2.
Applicant: Donald Moody, Contract
Purchaser from heirs
of the Lutes Estate.
Land Area: 1.52 acres ±
Comp.Plan Designation: "Commer-
cial" & "Residential."
- FINDINGS:
1) A portion of the Lutes property,,
covered by this application was r
zoned to "C -2" (Local Retail Busi
ness) in July, 1976, by Ordinance
984 (See Exhibit A).
2) Dimensions of the rezone area
as proposed by the applicant are
depicted on Exhibit B; note re-
lationship of these dimensions to
Ordinance 984 boundaries.
CITY OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
STAFF REPORT
MOODY REZONE (80 -30 -R)
1.4 +;..m cwt t, 'i';y� Ca
'7 I �►.•T1�M72 j'�
1 ,T ..+i I// r � , \ ■ ,
w t F CM �� _ L.A •
ti
OM OF TUKWILA
- ok
•®
y =Rams
99eND
11
t
3) The current Comprehensive Plan is vague as to the depth of the commercial
strip indicated along the west side of Interurban Avenue and the current Comp-
rehensive Plan has no policies with which to assist in any determination of that
depth. However, it is reasonable to assume that commercial uses were intended to
be limited to that area east of the toe -of- slope.
4) The westerly portion of the subject property is characterized by a very steep
slope, rising approximately 25 feet in elevation in a horizontal distance of 60
feet, for an average of 40 %. Note the relationship of the applicant's proposed
rezone boundary to the 25' contour line indicating toe -of- slope. (Exhibit A)
5) That portion of the site east of the toe -of -slope is generally level with
the elevation of Interurban Avenue.
6) The steep slope is wooded primarily with broadleaf maples and covered with
thick understory vegetation, all of which provides excellent natural erosion
protection.
I
PLANNING COMMISSION STAFF REPORT
MOODY REZONE (80 -38 -R)
November 19, 1980
Page 2
MC /ch
7) All utilities necessary to accommodate commercial development are available
and adequate.
8) The recommended zoning map designation for this property accompanying Draft
#4 of the proposed zoning code is "C -1 "; a portion of the property lying west
of the rezone area is proposed as R -4, with the balance to be C -1.
9) Access to the rezone site is provided by an ingress- egress easement extending
west from Interurban Avenue. The easement was approved as part of a short sub-
division (Exhibit C) which divided the rezone site and adjacent parcels into four
lots.
CONCLUSIONS:
1) The steep slopes in this vicinity begin their climb at approximately elevation
25 and, in light of their degree of slope and the existing natural erosion pro-
tection, should be left in their present state. Therefore, commercial zoning
should not encroach westerly of the 25' contour line.
2) The proposed rezone boundary is in some cases redundant with that of previous
rezone actions, and does not reflect the perceived intent of the comprehensive
plan to limit commercial uses to the westerly toe -of- slope. It seems appropriate,
,therefore, to require re- drafting of the plat and legal description to comply with
the existing geographic and zoning constraints of the property.
3) Based on the previously - approved short plat for this site and adjoining par-
cels, the presumed intent is to create thereon a commercial or office park com-
plex. To assist the commission's review of the rezone request, we suggest that
a conceptual master plan for the total development area, including the subject
rezone site, be prepared and submitted prior to rendering a decision on this matter.
RECOMMENDATION:
Staff suggests that this application be tabled to allow the applicants to
reconfigure the limits of the proposed zoning reclassification consistent with
direction provided in the staff report, and to prepare a conceptual development
plan for the overall site.
.
)7 : Ac.
�'
(t 1L]
T OP. N
• •J; I � " 11 .aQ
C D.0
L B
3� i t C
7s •
4 - . 1 , 0 ( I �
O 13.
U �
4: ':
�,•. 1 13 "It
rt i6
Ar
10\ s ic 'F 2. 7C 3
11, 5 32
'Sal z 4
1
'
SP. 78•C3
(2)
IS
■
t4
101
N. 3
\
rEpdFKL fr szeD nNArida- -c
1
C -•
77: `1 .1 :1
® '' [al v i � L Z]
1
■
ALBERT E DOWS NG
1 �A G
✓FOC ;tee
./!DC I „ • 7C ,'L ee
rC,O
i
I h 8 HL /
, S 4CA 0 /4/S T
U
•
i6 I
n� '" 1
ta 9 it
3
-
9r
Ca
7: 14
C -2 Zone by Ord. 432
C -2 Zone by Ord. 984
Proposed Rezone Area .
5 6 7
4649001LAND OR) S I 142r *D --
a (✓ L ^
91(
Date
.?
N
Short Plat No.
Certificate No.
-v
A/,to G 2. '• b✓
•
•
L
r
1i.
I,
SIND
4111. 41mm•
Land Surveyor's Certificate:
This short plat correctly represents a
survey made by me or under my direction
in conformance With the requirements of
appropriate state statute and has been
properly staked in .accordance with the
Tukwila Subdivision Code.
•
-
b
L
Cr
V%
... o 'O
/
scale: /' /00
EXHIBIt
Map on File in Vault
1/1
1.
Direction:
0
Page of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
In the Estates of:
BURTON P. LUTES and
VIOLA B. LUTES,
Deceased.
0/Confirming Distribution
pf Property as a Portion
of Distribution - 1
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
)
) NO. E 235 472
)
) ORDER CONFIRMING
) DISTRIBUTION OF PROPERTY
) AS A PORTION OF DISTRI-
) BUTIVE SHARE
THIS MATTER having come on for hearing before the undersigned
Judge of the above - entitled Court upon the Motion of one of the
Co- Administratrix herein, the Court having read and considered the
files and records herein and being fully advised in the premises,
now therefore, it is hereby
ORDERED, ADJUDGED AND DECREED that distribution is hereby
confirmed to MARILYN PATTON, one of the heirs of said estates, of
that real property situated in King County, State of Washington,
legally described as:
That portion of the Joseph Foster Donation Claim #39, situated
in the NE 1/4 of the SW 1/4 of Section 14, T 23 N, R 4 E, W.M. ,
in King County,, Washington, being described as follows:
Commencing at the intersection of the westerly margin of
Interurban Ave. S (SR -181) with the north line of said D.C. #39.
thence N 88°32'31" W, along said north line, a distance of 284.28
feet, to a. point 100.00 feet east of the easterly margin of 56th Place
S as measured along the north line of said D.C. #39; Thence
S 08 E. parallel to said easterly margin of 56th Place S,
a distance of 90.00 feet, to the True Point of Beginning; Thence
N 88 ° 32' 31" W, parallel to the north line of said D.C. #39, a
distance of 100.00 feet, to said easterly margin of 56th Place S;
Thence S 08 °37'00" E, along said margin, s. distance of 85.69
feet; Thence S 37°09'10" E., along said margin, a distance of
123.0? feet; Thence S 202,9'17" E, along said margin, a distance
of 72.69 feet; Thence S 88 °32'21" E a distance of 139.51 feet;
Thence N 33 °04'3 " W a distance of 295.62 feet, to the True Point
of Beginning.
nd it is further
HOLM & GLESSNER P.S.
1002 SOUTH THI RD ST. P.O. BOX 90
RENTON, WASHINGTON 98055
TELEPHONE: 255 - 4542
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Presented by:
ORDERED, ADJUDGED AND DECREED that all other matters of
distribution shall await the joint action of the Co- Administratrix
as shall hereafter from time to time be considered.
DONE IN OPF,N COURT this 7 day of October, 1980.
Of 0U4 8 GLESSNER P.S.
Attorneys for Estates
0 /Confirming Distribution
of Property as a Portion
of Distribution - 2
m by
_ To
.J Court Commisss.oner
HOLM & GLESSNER P.S.
1002 SOUTH THIRD ST. P.O. BOX 90
RENTON, WASHINGTON 98055
TELEPHONE: 255.4542
City of Tukwila
Western Pacific Properties
2112 3rd Avenue, Suite 401
Seattle, WA 98121
ATTENTION: Larry Brown
SUBJECT: Short Plat Application 80 -36 -SS Rezone
Rezone Application 80 -30 -R
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 433 -1845
Office of Community Development
1:0 October 1980
After reviewing these two cases with my staff and the City Attorney, I
have concluded that Application 80 -36 -SS exceeds the maximum number of
lots permitted for short plats in Title 17 of the Tukwila Municipal Code.
Therefore, I have removed the application from the Short Subdivision
Committee agenda, and request that you file a formal subdivision appli-
cation if you wish to divide this property.
Per my letter to you of 8 August 1980, the Rezone Application (80 -30 -R)
cannot be heard until a proper subdivision application is presented for
concurrent review by the Planning Commission. Therefore, we shall not
agendize the rezone action before the Commission until a valid subdivision
application is accepted as complete by this office.
If you disagree with my interpretation of the City's Short Subdivision
Regulations, you may appeal my administative judgment by letter to the
Tukwila Board of Adjustment. By the way, if you do wish to file a formal
subdivision application, we will credit your shortTplat filing fee toward
the cost of the formal subdivision application.
MC:nb
cc: J. R. Ewing Assoc.
Donald Holm, Attorney
Jim Patton
Delores Magruder
TUKWILA PINNING DEPARTMENT
rk Caughey
Acting Director
C o f Tukwila
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 433 -1845
Office of Community Development
Donald A. Moody
2112 3rd Ave. #401
Seattle, WA 98121
MC /jas
•
CC: D.M. Magruder
1329 Maple St.
Kent, WA 98031
TUKWIL NNING DEPT.
Ma1k Caughey
Acting Director
8 August 1980
SUBJECT: APPLICATION 80 -30 -R; REZONE OF FORMER LUTES PROPERTY
Mr. Larry Brown has filed the subject rezone application on your behalf.
However, Staff has determined that the adequacy of public access to the
rezone site is doubtful at this time. We understand that a formal subdivi-
sion application including a public street to serve the rezone site will
be filed with the City in the near future. Since adequacy of access is
one criterium upon which the Planning Commission must decide to grant a re-
zone, we shall withold processing of the rezone until a complete application
for preliminary plat is received by this office. Onece received, we shall
place both. the rezone and plat on the next available Planning Commission
agenda for concurrent review and (hopefully) approval.
Please contact us as soon as your preliminary plat is ready for submittal,
or if you have any questions about the procedures covering this matter.
/45.92
n '9,B /6
Z.0 65
/4B. e/
0• "�:
N
/44.83
STEPHEN FOSTER
do JOSE
,S 09- 49s/
A �
L V. N V "
o
•
T,
a�OP' �L to S. � A I/ 68 �W
�' 4\ � 4 y /R /2 ! h
f274. F 0 !! �� w o a ` f o
Z 73.oS /47.d2 .o + D 18 4 s \ t
\ .6• e• ° 1 F DO \` 1
4
\ , 1.. d
S8d•32.3 /E
D.C. NO. ry/ e
349 37/4
K
r.)
2 O
■
257.9:
.111' %n
Pc/ N
3 4 9 a
0'k
oi r
0 '0W
0 10 6
O
O
i
rarw/L9
01 0 .
zo
0
ti 10
/3S.L4
o,ro. 4a2
/.i 3..3 2 tu_
599•-/ 9/✓ .947.45 /.9 /...r
224.45 � v
o
h a ` '1 '4 U
0 0' 0 0 . W
J. t0 e�j f9� c in
4
lJ t 2 n
/PS - 246.35 •cb.¢7 N.r7 or " �f K bop) o S . 1 ST
" v4. ! •2s• J ie ot �
/25 {'
t
Vic. O,ep, 237
0 154
0 1 5 °
• ti
B A °
I df p-•
/92
Ditvettei
o 0
11
r-/ 4/. 7
D.C.
NO. 38
o l -'
COVR.Sto
w tLk- — I4
Colt/ 50'
t G
c
32
r• l
iJ
0
• S
d k
C 4 00
ao �s 'o (01.
° I TOcW / t.9
257.
° 2 °
0 036
I0
■
Z
4
12
0
20
/3/ G7
/20.7d
O ° iP P
V
J ,f
/4_5.92
/6.74
760./3" ' Jc
a \
• ; J
\ • Y
Vc
0
0
0
0
'E•
.9 � i
13S. Z4
o ,e0 4
d o
2 '53. /0
0 10
/8/.
/7/. 03
,5 69- 49)s/
/25
W'
0. F.O.
0
� 0
/PS
' /
h
� w m
D`
5 F 1'1
1
Q. 0c
1274.057 2 ° ' \
7 3. o5
14
34-P. 45
224.45
B P`
I. 0-
J•
244.35
69.25• ., :doe.
pOCCEY Hve..) VAc. D,ei. 237
I (;A e U e
/92 40
0
11
15
\ v L
I:44.. 4. 73
STEPHEN FOSTER D.C. NO. 38
�.. ,M.59 16
+ •t i_ is9 37,✓
.v 4i
T o►�
cou ,
'10 ,14.
\
\
0
StA3 t
r ,
0
J
32
Affidavit of Publication
t " ANONDINANCI
STATE OF WASHINGTON ;Cc 'r SSIFYINQ
COUNTY OF KING ss. TAINi lrewwn:.i
''mitcITY OFTUKWILA
.k' A$`x1OESCRIaisat I NN
r +, PtA N(NcifD
Nichols Roe being first duly sworn on
iB k 3041.:"0-
oath, deposes and says that
ahe th e ' Cl e �' of 'of> ^':N '�
ott<itpniflalp
THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a
week. That said newspaper is a legal newspaper and it is now and has been
for more than six months prior to the date of publication referred to,
printed and published in the English language continually as a newspaper
published four (4) times a week in Kent King County, Washington, and it is
now and during all of said time was printed in an office maintained at the
aforesaid place of publication of said newspaper. That the Daily Record
Chronicle has been approved as a legal newspaper by order of the Superior
Court of the County in which it is published, to -wit, King County,
Washington. That the annexed is a Ordinance 1201
T1635
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of 1 consecutive issues, commencing on the
23 d o f Januaryn , 19 81 , and ending the
day of ,19 , both dates
inclusive, and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of the fee
charged for the foregoing publication is the sum of r�' , which
has been paid in full at the rate of per folio of one hundred words for the ;
first insertion and per folio of one hundred words for each subsequent
insertion. 5(
'all
Chif Clerk
Subscribed and sworn to before me this 28 day of
Jinaury 81
,19
V.P.C. Form No. 87 Rev. 7.79
Notary Public in and for the State of Washington,
residing atgQt. King County.
— Passed by the Legislature, 1955, known as Senate Bill 281, effective June
9th, 1955.
— Western Union Telegraph Co. rules for counting words and figures,
adopted by the newspapers of the State.
:,, a:
uav{ia.
+th' QNY� Qp1�OfI, QOf�f lOt
17
16 e
..December
C
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
V.P.C. Form No. 87 Rev. 7 -79
, 19.
ss.
Michele. .Sp aul ng being first duly sworn on
oath, deposes and says that ....8k]f3s the Gill Qf. '.IC. of
THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a
week. That said newspaper is a legal newspaper and it is now and has been
for more than six months prior to the date of publication referred to,
printed and published in the English language continually as a newspaper
published four (4) times a week in Kent, King County, Washington, and it is
now and during all of said time was printed in an office maintained at the
aforesaid place of publication of said newspaper. That the Daily Record
Chronicle has been approved as a legal newspaper by order of the Superior
Court of the County in which it is published, to -wit, King County,
Washington. That the annexed is a Notice of Meeting
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of 3. consecutive issues, commencing on the
X...3. day of .De.O.elnb.exe ,i9.8.0...., and ending the
day of ,19 , both dates
inclusive, and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of the fee
charged for the foregoing 8 e 50
g g g publication is the sum of $ , which
has been paid in full at the rate of per folio of one hundred words for the
first insertion and per folio of one hundred word for„each subsequent
insertion.
pl3ieE..•G7.� k
T1613
Subscribed and sworn to before me this 12 day of
Notary Public in and for the State of Washington,
residing at Kent, King County.
uburn
— Passed by the Legislature, 1955, known as Senate Bill 281, effective June
9th, 1955.
— Western Union Telegraph Co. rules for counting words and figures,
adopted by the newspapers of the State.
STATE OF WASHINGTON
COUNTY OF KING
Affidavit of Publication
ss.
•••Niehei•e•••Sp.u1.dir1.g being first duly sworn on
oath, deposes and says that ..she. is the Chief ...Clerk of
THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a
week. That said newspaper is a legal newspaper and it is now and has been
for more than six months prior to the date of publication referred to,
printed and published in the English language continually as a newspaper
published four (4) times a week in Kent, King County, Washington, and it is
now and during all of said time was printed in an office maintained at the
aforesaid place of publication of said newspaper. That the Daily Record
Chronicle has been approved as a legal newspaper by order of the Superior
Court of the County in which it is published, to -wit, King County,
Washington. That the annexed is a Npti0e. ••MA•B•tjrlg
W ..Ti•600
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of Z. consecutive issues, commencing on the
day of Cc.tab.er ,19 $0, and ending the
day of ,19 , both dates
inclusive, and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of the fee
charged for the foregoing publication is the sum of $.1).•.S0which
has been paid in full at the rate of per folio of one hundred words for the
first insertion and per folio of one hundred words for each subsequent
insertion.
V.P.C. Form No. 87 Roy. 7.79
Subscribed and sworn to before me this 7 day of
Notary Public in and for the State of Washington,
residing at-IEes+t, King County.
— Passed by the Legislature, 1955, known as Senate Bill 281, effective June
9th, 1955.
— Western Union Telegraph Co. rules for counting words and figures,
adopted by the newspapers of the State.
• ...ok .ic •
LEGAL DESCRIPTION
PROPERTY PROPOSED FOR SEGREGATION (R1 ZONE)
Commencing at the intersection of the south line of the Stephen
Foster Donation Land Claim #38 with the westerly margin of Inter-
urban Ave. and proceeding N 88 °32'31" W along said south line
80.20 feet to the True Point of Beginning:
Thence continuing along said south line of the Stephen Foster
Land Claim #38, N 88 °32'31" W 204.08 feet; Thence S 08 ° 37'00" E
90.00 feet; Thence S 33 ° 04'33" E 295.62 feet; Thence S 20 ° 48'02" E
52.55 feet; Thence N 46 °18'48" E 4.13 feet to the west line of
Hillman's Seattle Garden Tracts according to plat recorded in
Volume 11 of Plats, page 24, in King County, Washington; Thence
proceeding along said west line N 01 E 377.85 feet to the
True Point of Beginning.
Situate in the SW 1/4 of Section 14, T 23 N, R 4 E, W.M.,
in King County, Washington.
SAFSCO TITLE INSURANCE COtIPANY
To: WESTERN PACLFIC PROPERTIES
2112 Third Avenue
Suite 401
Seattle, Washington
Attention: Larry. Broom
Your No.: (LUTES /CROSTICS /PATTON /HACRUDER)
Our No.: 431689.,
Fourth & Vine Building,
P. O. Box 21987
Seattle, Washington 98222
TITLE OFFICEIR :.
kfLCUAEL E. M00I2B
Telephone: (206) 292 -130:
3
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Your No.: LU TES /CROSTICK /P.ATTON /MALRUDER)
Our No.: 431689
1. Effective Date: February 21, 1980, at 8 :00 a.m.
2. Policy or Policies to be !:,sued:
X ALTA Owner's Policy Amount: $
P Standard __Extended Premium: $
Proposed Insured: Tax: $
3. The estate or interest in the land described or referred to in the
Commitment and covered herein is:
A fee
_ALTA Loan Policy Amount: $
Premium: $
Proposed Insured: Tax: $
r. WLTA Standard Coverage Policy Auount: $
Premium: $
Proposed Insured: Tax: $
4. Title to the ft"ee estate or interest in said land is at the effective'
date hereof vested in:
The Heirs of BURTON P. LUTES AND VIOLA B. LUTBS, both deceased
5. The land referred to in this Commitment is in the State of Washington,
County of King, and is described as follows:
SEE EXHIBIT a "I ATTACHES) HERETO AND MADE A PART HEREOF.
No. 431689
EXEI IB I T "I"
Lots 4, 5, 6, 7, 8, 9, 10 and 11, Block 3, and of vacated 57th Avenue
South, Hi'llman's Seattle Garden Tracts, according to plat recorded in
Volume 11 of Plats, page 24, in King County, Washington;
EXCEPT that portion of said Lots 10 and 11 condemned for street in Ring
County Superior Court Cause No. 109001;
ALSO TOGETHER WITH Lot 10, Block B of said plat;
EXCEPT that portion condemned for street under said Superior Court Cause
No. 109001;
ALSO TOGETHER W1.T:I that portion of the North 660 feet of the Joseph
Foster Donation Land Claim No. 39 lying Westerly of the above mentioned'
Block 3, and Easterly of 56th Place South;
-EXCEPT that portion beginning at the Northwest corner of said claim;
thence South 8 ° 20'34" East along the Easterly lin'e of said 56th Place
South 90.00 feet;
thence North 89 ° 49'00" East 100.00 feet;
thence North 8 ° 20'30" West 90.00 feet to the North line of said claim;
thence South 69 ° 49'00" West along said North line 100.00 feast to the
point of beginning;
ALSO EXCEPT that portion lying Southeasterly and Southerly of the following
described liner
Beginning at the intersection of the Southwesterly line of Interurban
Avenue with the Northwesterly line of the Southeasterly 50.00 feet in
width of Lot 10 in said Block 8;
thence North 44 ° 55'00" West along said Interurban Avenue 100 feet to the
point of beginning of said line;
thence South 46 ° 18'48" West parallel to the Southeasterly line of said
Lot 10 a distance of 327.09 feet;.,
thence North 20 ° 48'02" West 52.55 feet;
thence North 88 ° 32'31 ° West 140.12 feet to the Northeasterly margin of
56th Place South and the terminus of said line.
No. 431689
CCHHITidENT FOR TITLES INSURANCE
SCHEDULE B
I. The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and duly filed
for record.
B. Title to vest later and when ao vested will be subject to such
matters as may be disclosed by a name search of said person or
persons.
II. Schedule B of the policy or policies to be issued will contain
exceptions to the following retters unless the same are disposed of
to the satisfaction of the Company:
A. Defects, liens, encumbrances, adverse claims or other natters,
if any, created, first appearing in the public records, or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires of record for value the
estate or interest or mortgage thereon covered by this commitment.
B. Any policy issued pursuant hereto will contain under Schedule
B the standard exceptions as set forth and identified as to
type of policy on the inside of the back cover hereof.
C. SPECIAL EXCEPTIONS:
1. Easement affecting a portion of said premises and for the purposes
hereinafter stated, as granted by instrument recorded on August 13,
1968, in the office of the recording officer of King County, Washington,
under recording number 6390811,
In favor of: TUE STA]'S OF WASHINGTON
For: Slopes ;aloe State Road Number 1d1
Affects: Lots 4, 5, 6, 7, 8, 9, 10 and 11, Block 3, Hillman's
Seattle Garden Tracts, according to plat recorded in
Volume 11 of Plats, page 24, records of in County,
Washington, EXCEPT portion of Lots 10 and 11 condemned
for street (nets State highway) in King County Superior
Court Cause No. 109001.
2. Easement affecting a portion of said premises and for the purposes
hereinafter stated, as granted by instrument recorded on January 6,
1964. in the office of the recording officer of King County, Washington,
under recording number 5683661,
In favor of: TUE CITY OF TUKWILA, a municipal corporation
For: The construction, operation, maintenance and /or
repair and /or replacement of a serer liner or lines
(Continued)
Affects:
No. 431689 Page 2
and appurtenances thereto, together with the right.
of ingress and egress to and from uaial easement and
right -of -way for all purposes necessary and related
thereto.
The Northe esterly 1A feet lying Southwesterly of the
Southwesterly boundary of State Highway Na. 5M of
Lots 9, .10 aad 11, Block 3 Plat of Hillman's Seattle
Garden Tracts. ALSO Northeasterly 10 feet lying
Southwesterly of the Southwesterly boundary of State
Highway No. 51 of Lot 10 Block 8 of Iillmen's Seattle
Garden Tracts
3. BURTON P. LUTES AND VIOLA B. LUTES died intestate June 1, 1978 and
June 19, 1978. In King County Probate Case No. 8- 235472, DARLENE CROSTICK,
DELORES M. MAGRUDER AND MARILYN R. PATTON and DONALD UOLIN has qualified
as Personal Representative and are authorized to administer the estate
without intervention of Court and to mortgage, sell and convey, or
contract to convey decedent's interest in said premises.
4. General taxes for the year 1980 in the sum of $793.86,
(Affects: Easterly portion of said praises - Account Number 336590 -
0225 -03).
NOTE: Said amount has not been certified by the King County Comptroller.
General taxes for the year 1980 in the sum of :)59.74,
(Affects: Southwesterly portion of said premises A count Number
000280 - 0030 -05) .
NOTE: Said amount has not bean certified by the King County Comptroller.
General taxes for the year 1980 in the sum of $424 44
(Affects: Remainder of said premises - Account Number 000280.0009-
02).
NOTE: Said amount has not been certified by the King County Comptroller.
rup/ jm
1.
The sketch is for your aid in locking your land with referegce to streets and other parcels. While it is believed to be
correct, the Company assumes no liability for any loss occurring by reason of reliance thereon.
TO-6 RI 1/74
( 1S\AI 4 l4-
N.114 • Or 3. Fosre . .
S. )4Ist ST.
SAFECO TITLE INSURANCE COMPANY
I L
10
VAC .
4$
44.
N
•
MINSTER LAND DEVELOPMENT APPLICATION FORM
EXISTIM ZONING C2 & Rl
PROPOSED REZONE SITE IS WITHIN TUDULA CITY LIMITS
EXISTING ZONING CLASSIFICATION AND USE OF SURROUNDING PARrFIS;
ZONE USE
REQUESTED ZONING
USES PROPOSED TO BE DEVELOPED ON PROPOSED REZONE SITE
retail
D YES
PROVISIONS TO BE MADE FOR ADEQUATE SEWER AND WATER SERVICES'
oureaU e
timm
REZONE APPLICATION
C2 - & R4
office and
NORTH C2 vacant
SCUM C2 offices
EAST Ml heavy equipment sales & service
WEST - R1-7.2 apartments .& . single _family
ACCESS TO THE PROPOSED REZONE SITE IS FROM A DEDICATED, IMPROVED PUBLIC RIGHT -OF-
WAY ® YES ONO. (If 'W ", please describe how the site is
accessed
as required by City and development requirements
190$
City of Tukwila
6200 Souti>cernar Boulevard
Tikv is Wastingic% 98188
MASTER LAND DEVELOPMENT APPLICATION FORM
Course.
6) NAME OF PROJECT(OPTIONAL)
N/A
RCPT.
M.F.
EPIC.
KROLL PAGE:
NOTE: Please write legibly or type all requested information -- incomplete
applications will not be accepted for processing.
SECTION I. GENERAL DATA
1) APPLICANT'S NAME Donald A. Moody TELEpHoNE (2 0 6) 624 - 1250
2) APPLICANT'S ADDRESS 2112 3rd Ave #401 Sea 93121
3) PROPERTY ONNER's NAMEMrs. D.M. Magruder/7=1.0E: (206) 854 -9642
4) PROPERTY CVNER'S ADDRESS 1329 Maple St Kent Zip 98031
5) LOCATION OF PROJECT: (geographic or legal descrip.) S. 139th St
and Interurban Ave South — across from Foster Golf
SECTICRN II: PROJECT INFORMATION
7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: rezone the property
for development as office or retail location
8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES?
9) PROJECT DATE Fall 1980
a.. . NIT ACRES
b. NAME: ADDRESS:
c. PARKING SPACES
YES DNO
N/A
b. GROSS ACRES 93, 000 s q. et. d. FLOORS OF N/A
CONSTRUCTICNJ
e. LOT AREA COVERAGE + BLDG . 3 0 , 0 0 % Fr. LANDSCAPE 13 , 0 0 0± SQ.
PAVING 50 0 0 0 FT,
10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? II YES ONO
11) EXISTING ZONING C2 & R1 12. EXISTING CCMP.PLAN Cl & R4
13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION EIYES NO
ON THE CITY'S E?NVIROMENTAL BASE MAP?
14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER
DOC1.14DITS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE
INDICATE BELOW.
I
a. NAME: r( 13f is G 24 ADDREss:
SECTION III: ` �
APPPLICANT'S AFFIDAVIT
I, ] .\ e4 I td‘4C1 , being duly sworn, declare that I am the
contract purchaser or owner o the 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.
Subscribed and sworn before me
this
Notary Public in,and for, the State of Washington
m v ' Re E.
residing at q 7 ry�j� •
DATE `•'` OO
SECTION IV: SUPPORTING MATERIAL REQUIREMENTS
NOTE: All applications require certain supporting documents and
information which are described in the following table:
* *See TABLE 1 for detailed description
./UL
gnature %•'tract aser or owner)
TYPE OF APPLICATION (CHECK BOX(ES)) SUPPORTING INFORMATION REQUIRED
XX 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 MGMT. PERMIT 1B, 3, 4, 5, 7, 10, 11, 13
SHORELINE MGNT PERMIT REVISION 4, 10, 16
WAIVER 1A, 3, 4, 11, 12, 13
SHORT PLAT 4, 5, 9
BINDING SITE IMPROVEMENT PLAN 4, 5, 8
ARCHITECTURAL REVIEW 11, 12, 13
LANDSCAPE REVIEW 14
SUBDIVISION 4, 5, 6, 15
SIGN VARIANCE 4, 6, 16, 17
BD -30 -R
1 115 INTO tv
site plan
western pacific properties
property study
sperry marine building
mithum associates site plan