HomeMy WebLinkAboutPermit DR-05-78 - MORGAN / SCOTT - OFFICE BUILDINGDR-05-78
6000 SOUTHCENTER BOULEVARD
MORGAN SCOTT OFFICE BUILDING
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TO:
FROM:
DATE:
SUBJECT:
CIEFICE MEMO
CITY OF TUKWILA
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LANDSCAPING AND MAINTENANCE AGREEMENT
WHEREAS, the City of Tukwila, a municipal corporation,
herein referred to as "City" received by deed from the State of
Washington certain excess right -of -way property lying northerly
of Southcenter Boulevard (formerly Renton -Three Tree Point Road
or Secondary State Highway No. l -L) and westerly of relocated
62nd Avenue South; and
WHEREAS, the City desires to retain ownership of the excess
right -of -way property as a means of controlling commercial access
to Southcenter Boulevard and as a means of establishing and
preserving a greenbelt area along Southcenter Boulevard for the
permanent use and benefit of the City; and
WHEREAS, the City has no funding presently available to
develop or maintain greenbelt landscaping on the excess right -of-
way property; and
WHEREAS, Erwin W. Steinle, Phyllis Jo Steinle, Gary W.
Scott, Susan J. Scott, D. Bruce Morgan and Barbara J. Morgan,
herein referred to as "Developers" as owners and developers of
certain property contiguous to a portion of the excess right -of-
way property are willing to design, construct and install certain
landscape improvements on a portion of the excess right -of -way
property and to deed and dedicate those improvements to the City
and to thereafter maintain and preserve them for the benefit of
the City; now, therefore,
It is mutually agreed as follows:
1. City grants to Developers a limited right of entry upon
that portion of the excess right -of -way property more fully
described on Exhibit "A ", attached hereto; incorporated herein by
this reference and herein referred to as "slope property." Said
right of entry shall permit non - exclusive entry upon the slope
property by Developers and their agents as necessary and conve-
nient during the term of this agreement and any extensions hereof
for the construction, installation and maintenance of landscape
improvements to be planted and installed thereon by Developers in
accordance with plans and specifications as provided in Para-
graph 3 hereof.
2. City expressly reserves the right of entry upon the
slope property and the right to devote so much of the slope
property as it deems necessary or desirable to any public use,
<.!,'!.:� ✓
including highway or related uses; provided, in the event the
City causes the landscape improvements to be altered or damaged
by the actions of the City, the City shall have the option to
repair the improvements at the expense of the City or to relieve
Developers of any further obligation with respect to the altered
or damaged areas.
3. Developers agree to promptly and diligently undertake
to complete the landscape improvements on the slope property in
accordance with generally accepted horticultural practices and
with the schedule and plans and specifications to be prepared by
Developers at their sole expense and approved by the Public Works
Director or his authorized representative and when so approved to
be incorporated herein by this reference. The City shall accept
a transfer and conveyance of title to all improvements from
Developers when completed. The Developers may submit, at their
own expense, an appraisal reflecting the fair value of the improve-
ments so transferred and, if requested, the City shall provide
Developers with reasonable written verification of the value of
said improvements. Developers agree to keep the slope property
and all improvements thereon free and clear of any and all liens
or claims of lien and to provide the City lien waivers or other
satisfactory evidence of compliance with this paragraph.
4. Developers agree to maintain the landscape improvements
in accordance with generally accepted horticultural practices,
and to donate, without cost to the City, all their labor and
costs in doing so for a term of ten years. This agreement shall
be automatically extended for a like term of ten years unless
this agreement is earlier terminated by mutual agreement of both
parties, and subject to thirty days' notice prior to termination.
5. All obligations of Developers shall be deemed covenants
running with and binding upon the land of Developers which is
more fully described as follows:
That portion of Tract 12, Interurban Addition to
Seattle, according to the plat recorded in Volume -10
of Plats, page 55, in King County, Washington, lying
northerly of Secondary State Highway No. 1 -L, except
the east 100 feet thereof; also the north 25 feet of
the east 100 feet of said Tract 12; except that por-
tion thereof deeded to the State of Washington for
highway purposes under Auditor's File No. 5473600.
and shall be binding on Developers' heirs, successors and assigns.
2
6. This agreement shall be effective upon issuance of the
footings and excavation permit to Developers for construction on
the property described in Paragraph 5 above and the mutual approval
of schedule, plans, and specifications described in Paragraph 3
above; provided, Developers' obligations shall be suspended
during any period of delay in issuance of any necessary construc-
tion permits or approvals relating to work on the slope property
or the property described in Paragraph 5 above. The initial
landscape improvements shall be completed in accordance with
approved plans and specifications before a final occupancy permit
will be issued.
7. Developers agree to indemnify and to hold the City
fully harmless from any occurrence, loss or damage caused by or
arising as a result of Developers' landscape construction,
maintenance or occupancy of the slope property. Developers agree
to promptly stabilize and restore any slides, failures or siltation
from the slope property unless caused by actions of the City
pursuant to its reserved powers in Paragraph 2.
8. Developers agree to carry and maintain at their sole
cost and expense, public liability and property damage insurance
with personal injury liability insurance limits of not less than
$500,000 per person /per occurrence insuring against any and all
liability of the Developers or the City with respect to the slope
property and landscaping thereon or arising out of the construc-
tion, maintenance, use and /or occupancy thereof, and property
damage liability insurance with a limit of not less than $200,000
per accident or occurrence. All such bodily injury liability
insurance and property damage liability insurance shall specifi-
cally assure the performance by Developers of the indemnity
agreement contained in Paragraph 7 hereof. Developers' obligation
to carry the insurance provided for herein may be brought within
the coverage of a so- called blanket policy or policies of insurance
carried and maintained by Developers; provided, however, that the
City shall be named as an additional assured thereunder as its
interest may appear. Developers agree to file a true and accurate
original copy of said policy and renewals thereof with the City
Clerk.
9. City makes no representations or warranty as to the
condition of the soil, stability of the slope property, etc. and
Developers have not relied upon any such representation. If,
however, it should prove to be practicably impossible to complete
the improvements in accordance with the schedule, plans and
specifications as set out in Paragraph 3, due to the weather,
soils conditions or other geological conditions encountered on
the slope property, this agreement shall not be terminated but
3
the parties shall re- negotiate, within 60 days, new schedules,
plans and specifications which are not unreasonably more expensive
to complete or maintain and such substitute plans shall be adhered
to by Developers. During the period of re- negotiation, before
the new schedule, plans and specifications are approved, Devel-
opers' obligation to maintain, stabilize, preserve, protect and
restore the slope property shall continue and if no new agreement
can be reached or if it is not feasible to complete the project
in any form due to adverse weather, soils condition or other
geological conditions encountered, then Developers' further
obligations hereunder may be relieved and discharged, but only
after Developers have stabilized, preserved, protected and restored
the slope property to its former natural contours, grades, ground
cover and condition.
DEVELOPERS
DATED: March , 1978.
a)
Erwin W. SteinlW
Phy'11i Jo §teinle
Gary/W. Scott
D. Bruce Morgan
Barbara J: Morgan
ya e
4
By CITY OF TUKWILA ei W
A10
Mayor
City Clerk
STATE OF WASHINGTON )
COUNTY OF K I N G )
On ✓_ _ 1,44b 6 , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commission-
ed and sworn, personally appeared E a.- , JJ Bau,7h and
ruin An dersc►� , to me known to be the -Mayor and City Clerk,
respectively, of the City of Tukwila, the municipal 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 they were authorized to execute the said instru-
ment and that the seal affixed is the corporate seal of said
corporation.
WITNESS my hand and official seal hereto affixed the day and
year „in::this certificate above written.
„
' ; t ' (Notary P lic residing u burr
STATE Or,wAbHINGTON )
ss.
ss.
66Uity At > , ,k I N G )
On 4 k , 1978, before me, the undersigned,
a Notary Public in and for the State of Washington, duly com-
missioned and sworn, personally appeared Erwin W. Steinle,
Phyllis Jo Steinle, Gary W. Scott, Susan J. Scott, D. Bruce
Morgan and Barbara J. Morgan, to me known to be the individuals
described in and who executed the within and foregoing instru-
ment, and acknowledged that they signed the same as their free
and voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and
year in this certificate above written.
i
''r; • i 1.11, ., t , �.
Notary Public residing a�.,z_zizre�
5
That portion of Tract 12, Interurban Addition to
Seattle, according to the plat recorded in Vol -
ume 10 of plats, page 55, in King County, Washing-
ton lying northerly of Secondary State Highway
No. I -L as conveyed by. the State of Washington to
the City of Tukwila by deed dated November 23, 1976,
recorded November 30, 1976, under King County Audi-
tor's file No. 7611300924, less the east 100 feet
thereof.
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
The City of Tukwila, a municipal corporation, Grantor, for
valuable consideration, in hand received, hereby grants to
Erwin W. Steinle, Phyllis Jo Steinle, Gary W. Scott, Susan J.
Scott, D. Bruce Morgan and Barbara Jean Morgan, Grantee, a tempo-
rary construction easement over, under and across that real
property located in the City of Tukwila, King County, Washington,
more fully described in Exhibit.A, attached hereto and incorporated
herein by this reference.
This easement is granted for the purpose of allowing construc-
tion access to Grantee while:
1. Installing a sanitary side sewer and storm water drain
from the Grantee's property, being a portion of Tract 12, Inter-
urban Addition to Seattle, in King County, Washington to the
northerly margin of Southcenter Boulevard;
2. Constructing an office building on said portion of
Tract 12 owned by Grantee; and
3. Constructing and installing landscape improvements on a
portion of the easement property pursuant to separate written
agreement of the parties.
Grantor expressly reserves the right to approve in advance
the nature and type of equipment which may be allowed to enter
upon the easement property.
Grantee covenants and agrees to restore the entire easement
property to the former natural contours, grades and condition
before construction or better save and except for landscaped and
improved areas.
Grantee agrees to indemnify and hold the Grantor fully
harmless from any occurrence, loss or damage caused by or arising
as a result of Grantee's use of this easement.
.
This easement shall terminate upon the earlier of 12 months
following date of execution or issuance of certificate of occupancy
and acceptance of landscape improvements by the Grantor.
DATED: March 6 , 1978.
CITY OF TUKWILA
e d
Mayor
By
By %��GZ,t..x.,
City Clerk
STATE OF WASHINGTON )
ss.
COUNTY OF KIN /
On arch , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commission-
ed and sworn, personally appeared Edga Ia. ea-'- k and
Ma xine . ,4 n d e r-soN ► to me known to be theme Mayor and City Clerk,
respectively, of the City of Tukwila, the municipal 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 they were authorized to execute the said instru-
ment and that the seal affixed is the corporate seal of said
corporation.
WITNESS my hand and official seal hereto affixed the day and
year . ant 44is, certificate above written.
1 \ � I
, Notary ra.c residin t Mu burn
• � •
IN THE MATTER OF SR 5 (PSH Nu. 1),
South 118th St. to South 126th St.,
SR 405 (PSH Nu. 1), Crecn River interchange, and SR 405 (PSH No. 1),
. . t•�
Jet. SSH No. 2 -M to Jet PSH No. 2 in Renton (Turnbacks).
t7
v
to KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for
.-1
▪ and in consideration, of HI:TUAL BENEFITS and in accordance with that
1
p Certification dated the 1st day of July, 1966, hereby conveys and quitclaims
Qa
unto THE CITY Of TUTUILA, a suntcipal corporation of the State of Washington,
0
▪ all its right, title and interest, In and to the following described
43 • real property situated in King County, State of Washington:
rn • Those portions of the former right of way of State Highway Route
405 (PSH No. 1), as said right of way existed prior to January 70,
as 1962, together with videnings appurtenant thereto, and those portions
of the A Line right of way and of the H Line right of way, all
shown hatched on Exhibit "A ", being sheets S and 6 of 21 sheets of
that certain map of definite location entitled SR 5 (PSH No. 1), •
South 178th St. to South 126th St., sheets 1 and 2 of 4 sheets of
that certain map of definite location entitled SR 405 (PSH No. 1).
Green River Interchange, and sheet 1 of 10 sheets of that certain
eep of definite location entitled SR 405 (PSH No. 1), Jct. SSH No.
2 -M to Jct. PSH No. 2 in Renton, attached hereto and by this reference
sade a part hereof.
.The lands herein described are not required for State highway
a
NOV301976
purposes and are conveyed pursuant to the provisions of RCI 47.12.070.
Dated at Olympia, Washington, this ,' 3 i' /[,
day of 'e w -• -.
19 710.
APPROVED AS TO FORM:
7611300924
196 EXCISE TAX NOT RtnIRrEO
ing Co. Reccrt; L,igUtn
'14 �^'� , Deputy = t
"
23 February 1978
MEMORANDUM
TO: Al Pieper, Buildin. Official
FROM: Gary Crutchfiel stant Planner
SUBJECT: MORGAN OFFIC :UILDING (APP #77 -91)
I have reviewed the plans submitted for the above - referenced project in pursuit
of a foundation permit and note the following.
Floor Area:
A) Gross floor area = approximately 7,000 square feet.
B) Net floor area = approximately 5,600 square feet.
Parking:
A) Minimum number of parking spaces required = 22 (7,000 @ 3.1 spaces /1,000
= 21.7)
B) Parking area design must fulfill, as a minimum, the following standards:
1) Two 90 stalls with 2 -way center aisle must provide:
a) 62 feet from inside edge of wall to inside edge of wall if
stalls are 9.0 feet in width.
b) 60 feet from inside edge of wall to inside edge of wall if
stalls are 9.5 feet in width.
GC /ch
C
CITY of TUKWILA
OFFICE of COMMUNITY OEVELOPMENT
One 90 stall with 2 -way aisle must provide:
a) 43 feet from inside edge of wall to inside edge of wall if
stalls are 9.0 feet in width.
b) 40 feet from inside edge of wall to inside edge of wall if
stalls are 9.5 feet in width.
Inasmuch as the entire parking is provided within the basement for which the
applicant has requested a foundation permit, I request a foundation permit not
be issued until the applicant has demonstrated compliance with parking standards
hereinabove described.
6230 Southcenter Boulevard • Tukwila, Washington 98188 ■ (206) 242-2177
PLATE I
PARKING AREA DIMENSIONS
A
B
C
D
E
F (1)
A
B
C
D
E
F (1)
PARKING
ANGLE
STALL
WIDTH
STALL
DEPTH
AISLF
CURB
LENGTH
PER CAR
UN T TJIDTII
:IRKING
ANGLE
70
STALL
WIDTH
8.5
9.0
9.5
10.0
STALL
DEPTH
20.8
21.0
21.2
21.2
ATgt,R WTnTH
CURB
LENGTH
PER CAR
9.0
9.6
10.1
10.6
UNIT WIDTH
1 WAY
/RAFFICLAFFIC
2 WAY
1 WAY
AFFIS
2 WAY
TRAFFIC,,
1 WAY
TRAFFIC
19.5
19.0
18.5
18.0
2 WAY
TRAFFIC
20.0
20.0'
20.0,
20.0
1 WAY
TRAFFIC
61.1
61.0
60.9
60.4
2 WAY
TRAFFIC
61.8
62.0
62.4
62.4
0
8.5
8.5,
12.0
20.0
23.0
29.0
37.0
20
8.5
'9.0 .
'9.5
10.0
14.5
15.0
15.5
15.9
11.0
11.0
11.0
11.0
20.0
20.0
20.0
20.0
24.9
26.3
27.8
29.2
40.0
41.0
42.0
42.8
49.0
50.0
51.0
51.8
80
8.5
9.0
9.5
10.0 .
20.2
20.3
20.4
20.5
23.0
22.0
21.0
21.0
24.0
24.0
24.0
24.0
' 8.6
9.1
9.6
10.2
63.4
62.6
61.8
61.0
64.4
64.6
64.8
65.0
50
8.5
9.0
9.5
10.0
16.9
17.3
17.8
18.2
11.0
11.0
11.0
11.0
20:.0
20.0
20.0
20.0
17.0
18.0
19.0
20.0
44:8
45.6
46.6
47.4
53.8-
54.6
55.6
56.4
90" ,..
0.5
9.0
19.0
19.0.
19.0
19.0
24.0
._._23
'22.0
22.0
25.0
_24.0 "7
24.0
24.0
8.5
9.0
9.5
10.0
62.0
_ 61.0
60.0
60.0
63.0
62.0.
62:b
9.5
10.0
0
4 10
8.5
9.0
9.5
10.0
.18:7
19.1
19.5
19.9
12.0
12.0
12.0
-12.0
2U.0
20.0
20.0
20.0
13.2
14.0
14.8
15.6
49.4
50.2
51.0
.51.8
57.4
58.2
59.0
59.8
-
G s 19 FEET
1
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h%
I I
I 1 1
I I 1
F -D 4
_ F
i
i I
C
F ;
C -+'
I
1
I
j
l -
i
i_
c .
1t - 'i
C' D
I 1
I
it
a
'
1
�
450
45
8.5
9.0
9.5
10.0
19.4
19.8
20:1
20.5
12.5
12.0
12.0
12.0
20.0
20.0
20.0
.20.0
12.0
12.7
13.4
14.1
51.3
51.6
52.2
53.0
58.8
59.6
60.2
.61.0
50
. 8.5
9.0
9.5
10.0
20.0
20.4
20.7
21.0.
12.5
12.0
12.0
12.0
20.0
•20.0
20.0
20.0
11.1
11.7
12.4
13.1
52.5
52.8
53.4
54.0
60.0
60.8
61.4
62.0
�+ -
600
8.5
9.0
9.5
10,0
20.7
21.0
21.2
21.5
17.5
17.0
16.5
16.0
20.0
20.0
20.0
20.0
9.8
10.4
11.0
11.5
58.9
59.0
58.9
59.0
61.4
62.0
62.4
63.0
(1) 60 feet•may be substituted for required unit width on lots
where the nvstlahle width is in 60 foot whole multiples.
40 feet may be used for a single parking bay (row), at 90
and a two -way traffic aisle when only a single 40 foot lot
le available. In both cases a minimum 9 -1/2 foot stall
width shall be provided.
•
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DEVELOPER'S AGREEMENT
0 4 1 ' 4 " Aka
60;40-
"Jot
u t '
THIS AGREEMENT, dated this 67 114- day of February, 1978, by
and between the CITY OF TUKWILA, a municipal corporation (herein-
after referred to as "City ") and D. BRUCE MORGAN and BARBARA JEAN
MORGAN, GARY W. SCOTT and SUSAN J. SCOTT, and ERVIN W. STEINLE and
PHYLLIS JO STEINLE (hereinafter referred to as "Owner ");
W I T N E S S E T H:
WHEREAS, Owner is the owner of a parcel of real property
located within the boundaries of the City of Tukwila, Washington,
more particularly described as:
That portion of Tract 12, Interurban Addition to Seattle
according to the plat recorded in Volume 10 of Plats,
page 55 in King County, Washington, lying northerly of
secondary State Highway number 1 -L, except the east 100
feet thereof; also the north 25 feet of the east 100
feet of said Tract 12; except that portion thereof deeded
to the State of Washington for highway purposes under
Auditor's File Number 5473600.
7803080930
WHEREAS, Owner petitioned for a variance from Section
18.56.040 of the Tukwila Municipal Code (T.M.C.) to locate a curb
cut closer than twenty feet to a corner property line for purposes
of constructing a driveway for ingress and egree to his parcel;
and
WHEREAS, City, through its Board of Adjustment, granted a
variance from Section 18.56.040 T.M.C., subject to the following
stipulations:
^,�
(1) That a "planting strip" 5 feet in width be provided
parallel and adjacent to the north property line and planted so as
to provide a dense visual screen, subject to approval of the
Planning Department to insure safe vehicular and pedestrian
movement;
(2) That Owner enter into a Developer's Agreement with the
City to provide that in the event Owner, their heirs, successors
or assigns acquire fee simple or other interest in the balance of
Tract 12, Interurban Addition to the City of Seattle, access to
Owner's parcel be modified to comply with the requirements of
Section 18.56.040 T.M.C.; and
(3) That the variance continue only so long as the principal
use of the parcel remains an office building.
NOW, Tib BEFORE, in consideration of the terms and conditions
herein contained, the parties hereto covenant and agree as
follows:
1. Owner warrants that it holds title to'the above -
described property hereinafter referred as "property ", and that it
has a right to enter into this agreement.
2. Owners petitioned for a variance from the provisions of
Section 18.56.040 T.M.C. to enable them to locate a curb cut and
driveway closer than 20 feet to the corner property line at the
intersection of said property with 62nd Avenue South.
3. The City's Planning Department and the City's Board of
Adjustment, after detailed review of the location and geography of
2
the Owners' property and of the physical problems of locating
access to the subject parcel, and cognizant that the proposed use
of the property is compatible with the use set forth in the City's
Comprehensive Land Use Policy Plan, determined that the variance
should be granted subject to the stipulations recited above.
4. Owner and City, in consideration thereof and for so long
as this variance remains in effect, hereby covenant, bargain and
agree to the following conditions on their own behalf and on
behalf of their heirs, successors and assigns:
(a) The ingress and egress to the property from 62nd
Avenue South shall not be considered a "private access road ", as
that term is defined in Title 17 T.M.C.
(b) To the extent reasonably practicable, the easterly
100 feet of said property shall be improved with asphalt or con-
crete surface not more than 20 feet in width and not less than 16
feet in width as measured from the southerly property line north-
ward. If necessary to retain the bank to the north, a rockery or
other suitable style of retaining wall or structure shall be
constructed in the area between the improved driveway surface and
the north property line. Within the remaining area northerly of
the rockery or other retaining wall and the north property line,
or within the north five feet of said easterly 100 feet of the
subject property, if no rockery or retaining wall is necessary,
3
ted to serve
southeasterly
alteration in
planting area
4
Owner agrees to plant and maintain a planting strip with or with-
out a fence so as to provide a dense visual screen consistent with
standards established by the Planning Department with due regard
for vehicular and pedestrian safety and aesthetics. If it is not
feasible to plant and maintain the planting at the top of the
rockery or retaining wall within the north 25 feet of the easterly
100 feet of said Tract 12, Owner shall submit suitable alterna-
tives such as making arrangements for planting a suitable hedge on
the property lying immediately north of Tract 12.
(c) As an interim measure, the rockery /planting area
shall be allowed to terminate at its eastern terminus as far west
as 20 feet westerly of the existing western edge of 62nd Avenue
South and within the remaining 20 feet the drive shall be permit-
as a common driveway for this property and the
portion of Tract 11. Upon any improvement or
the use of said portion of Tract 11, the rockery/
shall be promptly extended by owners to the margin
of 62nd Avenue South, consistent with the standards established
pursuant to subparagraph (b) of this paragraph.
(d) In the event Owners acquire any right, title or
interest of any nature, whether direct, indirect or beneficial, in
the east 100 feet of Tract 12, Interurban Addition to Seattle,
less the north 25 feet thereof and less that portion thereof
previously deeded to the State of Washington for highway purposes
sufficient to allow and authorize Owner to relocate its driveway
(exclusive, however, of any interest so limited or temporary as
not to support any right to permanently relocate a driveway on the
remainder of said Tract 12 such as a temporary construction
easement, a leasehold interest of less than three years or utility
easement) then Owner shall relocate the curb cut and driveway at
the margin of 62nd Avenue South so as to conform with the appro-
priate provisions of T.M.C., in effect at that time including but
not limited to Section 18.56.040 T.M.C. as now provided or as
hereafter amended. Any portion of the driveway at the margin of
62nd Avenue South required to be abandoned by the relocation of
said curb cut shall be restored, landscaped
Owner's expense.
(e) At
such time as Owner
interest in the remaining portion of Tract 12 of Interurban
Addition of Seattle as above described, Owners shall have six
months from the date of acquisition of said interest to relocate
the curb cut to comply with the provisions of the laws of the City
of Tukwila. The City has the option, at its sole discretion, to
extend this deadline for six months for cause upon written request
by Owner.
(f) The Owner shall give City notice in writing of
acquisition of any interest in said remaining portion of Tract 12,
Interurban Addition to Seattle within thirty (30) days of
acquiring said interest.
5. The variance granted by the Board of Adjustment and
incorporated in this agreement shall be in effect only as long as
the principal use for Owners' property is an office building.
5
and maintained at
shall acquire any such
CITY OF
By 45
Mayor
By
City Clerk
APPROVED AS
Pktibt
City Attorney
ILA A
(Zr
6
6. Owners agree to cause this agreement to be recorded in
the office of the King County Department of Records and Elections
at their cost and the covenants herein shall be deemed to be
attached to and run with the land and shall be binding upon the
Owners, their successors, heirs and assigns.
7. The City may institute and prosecute any proceedings at
law or equity to enforce this ,agreement. The court may award
reasonable attorney's fees to the prevailing party in any such
proceeding.
8. Nothing in this agreement shall be construed to vary the
building lot line, set -back requirements or landscaping
requirements applicable to the remaining portion of the property.
9. In the event any covenant, condition or restriction
hereinabove contained or any portion thereof is invalid or void,
such invalidity or voidness shall in no way affect the other terms
and conditions hereof.
OWNERS:
D. BRUCE MORGAN
/5:1447 e� Y s��L
BARBARA JEAN MORGAN
SUSAN J ,SCOTT
I
RVIN W. STEINLE
4 1112t qh\
JO S '`E INLE
STATE OF WASHINGTON )
ss.
COUNTY OF K I N G )
On Marc k , 1978, before me, the undersigned, a
Notary Public in and for the State of Washington, duly com-
missioned and sworn, personally appeared Ed Q , r n, Beu.ccLi and
eL x i ►l e. An d e. r sv , to me known to be the mayor and clerk,
respectively, of The City of Tukwila, the entity that executed
the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said entity for
the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute•the said instrument and that the
seal affixed is the seal of The City of Tukwila.
affixed
hand and official seal hereto affixed the day
and year :'if certificate above written.
•
i. , �, ` 'Notary
S ATE:: , dx, )
)
ss.
COUN .'Y' l'"OF' K I N G )
{ t t '
,; 1 t,` . f �1 I�'1/
1
If
On
1978,. before me, the undersigned, a
Notary Public in d for the State of Washington, duly commissioned
and sworn, personally appeared D. BRUCE MORGAN, BARBARA JEAN MORGAN,
GARY W. SCOTT, SUSAN J. SCOTT, ERVIN W. STEINLE and PHYLLIS JO
STEINLE, to me known to be the individuals 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.
WITNESS my hand and official seal hereto affixed the day and
year in this certificate above written. •
(
•
/ t r
r �.e ms /Md J
Not Public Public residing atc› u
7
i sid ;,
TIMOTHY BRADBURY
ANNE BRADLEY
KATHY A. COCHRAN
STEPHEN C. ELLIS
WILLIAM R. HICKMAN
WILLIAM L. HOLDER
HUGH A. MCCLURE
ROY J. MOCERI
D. BRUCE MORGAN
RONALD J. PEREY
ROBERT C. PIERCE- DICKERSON
JOHN W. RANKIN, JR.
RICHARD C. REED
DENNIS SMITH
ROGER L.STOUDER
JERRY E. THONN
GUY I. TOWLE
JOHN D. WILSON, JR.
February 3, 1978
Mr. Lawrence Hard
LeSourd, Patten, Fleming & Hartung
Seattle -First National Bank Bldg.
Seattle, WA 98154
RE: City of Tukwila Developer's Agreement - Morgan
Dear Larry:
As you pay have heard, the developer has submitted the appli-
cation 4W permit on this parcel, so we must have the
original executed and recorded without further delay so that the
variance granted last fall will be fully in effect. I am therefore
enclosing herewith an additional original copy signed by the
owners with the messaging you noted in your memo of January 20
with regard to paragraph 4(d). Please indicate your approval of
the form of the agreement when provided and forward the original
on to the City. By copy of this letter to Gary Crutchfield, I am
asking that he advise me when the original is ready for recording.
Thank you for your attention to this.
Very truly yours,
C,
REED MCCLURE MOCERI & THONN, P. S.
A PROFESSIONAL SERVICES CORPORATION
ATTORNEYS AT LAW
1701 BANK OF CALIFORNIA CENTER
900 FOURTH AVENUE
SEATTLE, WASHINGTON 98164
REED, MCCLURE, MOCERI & THONN, P.S.
D. Bruce Morgan
DBM:wpc
cc: Mr. Gary Crutchfield
SEATTLE
(206) 292 -4900
TACOMA
(206) 927 -5888
CABLE R2MT SEATTLE
IN REPLY REFER TO
OUR FILE NO.
TO:
FROM:
DATE:
SUBJECT:
ttivit 1 ;44
OFICrCE MEMO
CITY OF TUKWILA
FILM I7 `6
4(d)»
Note
W f% - A reizzi J
TIMOTHY BRADBURY
ANNE BRADLEY
KATHY A. COCHRAN
STEPHEN C. ELLIS
WILUAM R. HICKMAN
WILLIAM L. HOLDER
HUGH A. MCCLURE
ROY J. MOCERI
D. BRUCE MORGAN
RONALD J. PEREY
ROBERT C. PIERCE - DICKERSON
JOHN W. RANKIN, JR.
RICHARD C. REED
DENNIS SMITH
ROGER L. STOUDER
JERRY E. THONN
GUY I. TOWLE
JOHN D. WILSON, JR.
January 17, 1978
Re: Developer's Agreement
Dear Larry:
Very truly yours,
D. Bruce Morgan
DBM:cb
Enclosure
cc: Mr. Gary Crutchfield
(w /Enclosure)
REED MCCLURE MOCERI & THONN, P. S.
A PROFESSIONAL SERVICES CORPORATION
ATTORNEYS AT LAW
1701 BANK OF CALIFORNIA CENTER
900 FOURTH AVENUE
SEATTLE, WASHINGTON 98164
Lawrence E. Hard, Esq.
3900 Seattle -First National Bank Bldg.
Seattle, Washington 98154
REED, McCLURE, MOCERI & THONN, P.S.
DECEIVE
D
JAN 181978
CITY OF TUKWILA
SEATTLE
(206) 292 -4900
TACOMA
(206) 927 -5888
CABLE R2MT SEATTLE
IN REPLY REFER TO
OUR FILE NO.
Enclosed please find my redraft of the Developer's Agreement
which you forwarded to me last week. I am also taking the liberty
of sending a copy of this directly to Gary Crutchfield. I dis-
cussed with Gary last week the changes I have incorporated in
this redraft to take into account the fact that it appears most
likely a rockery retaining wall will have to be constructed along
the north line of Tract 12. It was Gary's feeling that the
retaining structure should be a rockery and that any planting
possible should be at the top of the wall. Actually, we are only
talking about a three or four -foot wall over most of the distance
and as much as a five -foot wall in one portion. It is possible,
however, that the hedge would have to be placed north of that
wall and we are now seeking permission from Tom Kato, the owner
of the portion of Tract 11 adjacent to this land to see if we
could work an arrangement to plant the hedge on his side of the
lot line. At this point we are still working from rather tenta-
tive data, however, and our survey corners have not yet been
formally set by the surveyor. At this point, we are simply doing
our best to try to get this agreement executed within the next 10
or 15 days before the application for building permit is submitted.
I would appreciate anything you can do to help expedite this.
ATICOR COMPANY
Filed for Record at Request of
AFTER RECORDING MAIL TO:
. 9, 3y2 tcE !II on-G:. ti-N
e--p - (3 ° - i
SE,
KING COUNTY
CM�t tnt- "uV aijrt
Dee. g o i 19 7 7
E - 41 , 117c2 __5:, Statutory Warranty Deed
THE GRANTOR TRUEMAN M. SCHILLING and MARTHA B. SCHILLING,
Husband and wife,
for and in consideration of Ten Dollars and Other Godd and Valuable Consideratior1
Ervin W. Steinle and Phyllis Jo Steinle, h /w;
in hand paid, conveys and warrants to Gary W. Scott and Su •••r1 san J. Scott, h /w; and � .1
D. Bruce Morgan and Barbara Jean Morgan, h/w
the following described real estate, situated in the County of King , State of
Washington:
That portion of Tract 12, Interurban Addition to Seattle,
according to the plat recorded in Volume 10 of Plats, .
page 55, in King County, Washington, lying northerly of
secondary State Highway No. 1--L, except east 100 feet--
thereof; alsb the north 25 feet of the east 100 feet of
said Tract 12; except that portion thereof deeded to the
State of Washington for highway under Auditor's File
No. 5473600.
`/�
Dated this
• - . -; ;. •1' t .1
(11' . OF WASHINGTON,
County or King
•
On this day personally appeared before me Trueman M. Schilling and Martha B. Schilling
to me known to be the individual s 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 x C, rho
:n
•
w
a
6.0
0
C)
L
December, 1977.
December, 1977.
4 y / 4:0 ; 1.eeet -. 0•X
• iVotlify Public t and or the State of Washington,
day of
residing at c /Le_ �L�, ✓
•
co
C3
FORM L58 i•-'
Ct
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