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Home My WebLink About1990 - Agreement to be Subject to a Sensitive Areas Ordinance - Mikami Matt / Schofield Robert - 90043009199004300919 . AGREEMENT TO BE SUBJECT TO A SENSITIVE AREAS ORDINANCE site. The undersigned owner /developer of real property located at 16813 Southcenter Parkway, Tukwila, Washington, and more specifically described in Exhibit A attached hereto, hereby acknowledge that such property is subject to the moratorium imposed by Tukwila Ordinance Nos. 1544 and 1550. The undersigned have petitioned for relief from the provisions of the moratorium as provided for in Ordinance No. 1550 and in consideration of such relief, agree that if the City of Tukwila will process the following applications: EPIC -32 -89 — SEPA for Mikami Design Review 89 -15 -DR — Mikami Design Review (BAR) Mikami Building Permit Application to Implement Above Project The development of the property described in Exhibit A will be subject to all of the provisions of the Sensitive Areas Ordinance as finally passed by the City Council, even though those provisions may be more restrictive than any conditions or limitations imposed by or resulting from the SEPA, BAR and Building Permit processes described above. The undersigned agree that such processes will be continued solely at their risk and expense and that the result of the final Sensitive Areas Ordinance may be to require extensive project modifications and reevaluation or rescission or withdrawal of any approval arising out of the SEPA, BAR and Building Permit processes. It is also understood and agreed that continuation of the SEPA, BAR and Building Permit processes does not mean that any other application for this project will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledge that the waiver was made subject to the following conditions which the undersigned agree to meet as partial consideration for the waiver. A. Fill may be emplaced to feather grades up to the existing 34-ft. contour; however, cuts may not be made into the 28 ft. contour west of the drainage ditch. Development may occur up to the 30 to 34 -ft. contour which lies westerly of the drainage ditch as shown in Exhibit B and represents the toe of the 15% slope. B. In the stockpile area, the original 34 ft. contour shall be used as the maximum cut line. No cuts into original slopes above this contour shall be allowed. This maximum cut may only be done if slopes no more than 2:1 can be established between any cut and the existing slopes. No development shall occur above this 34 ft. contour line in the stockpile area as shown in Exhibit B. C. No rockeries or retaining walls shall be allowed in the northwest corner of the F1 i tor u;+dlu at 1 % d nest of NAME _,_ ADDRESS CITY I t ,The undersigned further acknowledge that this conditional waiver was given in reliance' on the accuracy of the information supplied by the undersigned, including the original and existing grades as shown on the Bush Roed & Hitchings survey as revised on March, 12, 1990, and agree that they bear_all risk of inaccuracy of such information. The undersigned acknowledge that the covenants herein run with the land described in Exhibit A, and that this document will be recorded with the King County Department of Records and Elections and that those covenants cannot be released without the written consent of the City of Tukwila. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) DATED: Marcy ce ; � y r MATT M. MIKAMI, Owner ROBERT H. SCHO Developer /Applicant ,1990. radetoi L I certify that I know or have satisfactory evidence that MATT M. MIKAMI, Owner, and ROBERT H. SCHOFIELD, Developer /Applicant are the persons who appeared before me, and said persons acknowledged that they signed this AGREEMENT TO BE SUBJECT TO A SENSITIVE AREAS ORDINANCE, and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. . Notary lic in a for the State of Washington, residing at My Commission Expires: 9 " 53 CT` CD U C") nt C) DESCRIPTION: PARCEL A: EXHIBIT A, Page 1 of 2 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 (HEREINAFTER REFERRED TO AS THE SUBDIVISION) IN SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST N.M. LYING WEST OF COUNTY ROAD NO. 972, MESS BROTHERS ROAD, CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 921233 (SOUTHCENTER PARKWAY FORMERLY 57TH AVENUE SOUTH), DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION, 1,020 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH, ALONG SAID WEST LINE, 294.82 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION, TO THE INTERSECTION WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE SOUTH, ALONG SAID WEST LINE, A DISTANCE OF 294.62 FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE RUNNING EAST FROM THE POINT OF BEGINNING PARALLEL TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST ON SAID PARALLEL LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 (SR 5) BY DEED RECORDED UNDER RECORDING NO. 5524599 AND 5992105; AND EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6343852; SITUATE IN THE CITY OP TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING NORTHERLY OF A LINE WHICH IS 1,020 FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE HEREINAFTER REFERRED TO NORTHEAST 1/4 OF THE SOUTHWEST 1/4: THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST M.M., DESCRIBED AS BEGINNING AT A POINT WHICH IS OPPOSITE HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO AS HES) LW 2504 +89.33 ON THE LW LINE SURVEY OF SR 5. SOUTH 178TH STREET TO SOUTH 126TH STREET, AND 553.73 FEET SOUTHEASTERLY THEREFROM; THENCE EASTERLY TO A POINT OPPOSITE HES LW 2505 +00 ON SAID LW LINE SURVEY AND 590 FEET SOUTHEASTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE 570 FEET SOUTHEASTERLY THEREFROM: THENCE NORTHERLY TO A POINT OPPOSITE 515 FEET SOUTHEASTERLY THEREFROM; THENCE NORTHERLY TO A POINT OPPOSITE 500 FEET SOUTHEASTERLY THEREFROM; THENCE NORTHWESTERLY TO A POINT OPPOSITE SAID HES AND 428.97 FEET SOUTHEASTERLY THEREFROM; THENCE SOUTHERLY IN A STRAIGHT LINE TO THE POINT OP BEGINNING; HES LW 2505 +75 ON SAID LW LINE SURVEY AND HES LW 2507 +15 ON SAID LW LINE SURVEY AND HES LW 2509 +50 ON SAID LW LINE SURVEY AND SITUATE IN THE CITY OF TUKWILA. COUNTY OP KING, STATE OF WASHINGTON. • • • On. ••• •••■••••• 4'..); Neet t2 42 advs. ra 10, A et eiptIa Q • dr ci • 6 qiP ee. ▪ L . • e sea , • • • & • •. S a Im 44. kin:. MS S VOW EXHIBIT A, Page 2 of 2 ••■ • r (-, ORDER NO. S ESCROW NO. LOAN NO. MORTGAGOR PLAT MAP Vol sr? 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