HomeMy WebLinkAbout1983 - Revised Property Use and Development Agreement - Jack A Benaroya Company - 83010303848301030384
revised pROPERTY USE AND DEVELOPMENT AGREEMENT
JAN 20 1983 r: ANNlNG DEPT.
S INSTRUMENT, executed this 2 day of December, 1982,
in favor
PAVILION
of the CITY OF TUKWILA, a municipal corporation ( "the
City" herein), by the JACK A. BENAROYA COMPANY, a Washington
corporation ( "Benaroya" herein):
WITNESSETIi :
WHEREAS, Benaroya is owner of certain real property located
in the City of Tukwila, County of King, State of Washington,
which is more particularly described in Exhibit 1 attached
hereto and incorporated herein by reference ( "the Property"
herein);
WHEREAS, Benaroya has developed a retail shopping center
called, "Pavilion Outlet Center" (the "Pavilion ") in an
existing structure located on a portion of the property
pursuant to a building permit No. 2245 granted by the City of
Tukwila; and
WHEREAS, the granting of the subject building permit by the
City of Tukwila was conditioned upon Benaroya's execution of a
Property Use and Development Agreement dated February 23, 1982,
to provide a Parking Plan for the benefit of the Property,
which agreement was recorded under King County recording number
820309492; and
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page
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FILED for Record at Request of
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WHEREAS, Benaroya has applied for and the City of Tukwila
has granted a Conditional Use Permit (82 -20 -CUP) pursuant to
Sec. 18.56.040(1)(B) of the Tukwila Municipal Code allowing the
use of an off - premise parking area to service the Property; and
WHEREAS, the City Council on November 22, 1982, sitting as
a committee of the whole, directed that the Planning Department
arrange for the execution of this agreement in replacement of
the former agreement and that the City release its interest
under the former agreement; and
WHEREAS, the City of Tukwila and Benaroya pursuant to such
action by the City Council now wish to revise the subject
Property Use and Development Agreement;
NOW, THEREFORE, Benaroya hereby covenants, bargains and
agrees on behalf of itself, its successors and assigns, that
the Property shall be developed and used in accordance with the
following terms and conditions:
1. The Parking Plan (consisting of both Parking Plan "A"
and Parking Plan "B "), attached hereto as Exhibit 2 and
incorporated herein as if fully set forth, shall be instituted
by Benaroya pursuant to the terms of said plan.
2. This Agreement shall be recorded in the records of the
King County Department of Records and Elections and filed in
the records of the City Clerk, and the covenants hereof shall
be deemed to attach to and run with the Property and shall be
binding upon Benaroya, its successors and assigns, and shall
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page 2
9853A /DDW
apply to any after - acquired title in Benaroya to the Property.
3. This Agreement may be amended or modified by written
agreement between Benaroya and the City upon approval by the
City Attorney.
4. This Agreement is made for the benefit of the City and
property owners located within 300 feet of the Property, and
the City may institute and prosecute any proceedings at law or
in equity to enforce this Agreement, including one for
injunctive relief. Any judgment so obtained may include an
award of reasonable attorney fees to the prevailing party.
5. Nothing in this Agreement shall prevent the City
Council from making such further amendments to the Building
Code and Zoning Code as it may deem necessary in the public
interest. Nothing in this Agreement shall prevent the
application to the Property of future amendments to the
Building Code and Zoning Code, if otherwise applicable.
6. In the event any covenant, condition or restriction
hereinabove contained, or any portion of this Agreement is held
to be invalid, such invalidity shall in no way affect any other
covenant, condition or restriction hereinabove contained.
DATED: , 1982.
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page 3
9853A /DDW
JACK. BE AROYA C• ANY
By
k A. Benaroya, Preside
STATE OF WASHINGTON
COUNTY OF K I N G
) ss.
On this date, before me, the undersigned, personally
appeared before me JACK A. BENAROYA, to me known to be the
President of JACK A. BENAROYA COMPANY, the corporation that
executed the within and foregoing PROPERTY USE AND DEVELOPMENT
AGREEMENT and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and
CO purposes therein mentioned, and on oath stated that he /she was
authorized to execute said instrument.
9/
GIVEN UNDER MY HAND AND OFFICIAL SEAL this day
of Dui , 1982.
co
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page 4
9853A /DDW
otary Public in and)got' the---,,.,
State of Washington 141n9 '
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EXHIBIT 1
LEGAL DESCRIPTION
OF
PAVILION OUTLET CENTER
THAT PORTION'0F THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE
NORTHEAST QUARTER OF THE NORTHWEST QUA 0 SECTION 35, TO'nNSHIP 23'
NORTH, RANGE 3, EAST. W.M., IN KING COUNTY, ASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NO•TH'W'EST QUARTER OF THE
NORTHEAST QUARTER ; SOUTH 02 WEST ALONG THE WEST LINE OF
SAID NORTHWEST QUARTER OF THE NORTHEAST QUa• TER. A DISTANCE OF 894.47
FEET TO THE NORTH'LINE.OF THE SOUTH 430 FEET OF SAID NORTHEAST QUARTER
OF THE NORTHWEST QUARTER AND THE TRUE POINT OF BEGINNING; THENCE NORT~
87 WEST ALONG .SAID NORTH LINE A DIST NCE OF 177.29 FEET TO A
LINE 36• FEET EASTERLY OF THE CENTERLINE OF 'OUTHCENTER PARKWAY
(FORMERLY 57TH AVENUE SOUTH); THENCE SOUTH 1 EAST ALONG SAID
LINE A DISTANCE OF 322.74 FEET; THENCE A CURVE TO THE LEFT HAVING
A RADIUS OF 107.24 FEET, AN ARC DISTANCE OF 141.96 FEET THROUGH A
CENTRAL ANGLE OF 75'50'36" TO A LINE 36 FEE NORTHERLY OF THE •
CENTERLINE tF SOUTH 180TH STREET; THENCE SO TH 87'50'09" EAST ALONG
SAID LINE A DISTANCE OF 576.70 FEET TO A LI E 740.70 FEET WEST OF THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE ORTHEAST QUARTER OF SAID
SECTION 35; THENCE NORTH 01'51'39" EAST A 0 STANCE OF 553.99 FEET TO 4
POINT' SOUTH 01'51"39" WEST 50.00 FEET FROM . HE SOUTHWEST COR OF THE
TRACT OF LAND CONVEYED TO BRUCE E. MC CANM, ET AL, BY GEED RECORDED
• UNDER RECORDING NO. 7208170551; . THENCE NOP.T 87'55'02" WEST 220.00
FEET; THENCE NORTH 01'51'39" EAST 50.00 FEE ; THENCE NORTH 87'55.02"
WEST A DISTANCE OF 216.09 TO A POINT 1 0.16 FEET EAST OF THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH
02 WEST A DISTANCE OF 209.26 FEET TO THE NORTH LINE OF THE
SOUTH 430 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH 87'50'09" WEST A DISTANCE OF 140.16 FEET TO THE TRUE.
• POINT - OF - BEGIWNI NG.
TOGETHER WITH ANON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER AND
'ACROSS A STRIP OF LAND 50 FEET IN WIDTH DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT
CONVEYED TO 186 CORPORATION BY DEED RECORD
7111100109; THENCE NORTH 87'55'02" WEST A
.THENCE SOUTH 01'51'39" WEST PARALLEL TO AN
50.00 FEET; THENCE SOUTH 87'55'02" EAST A
THE WEST MARGIN OF ANDOVER PARK WEST; THEN
SAID WEST t4ARGIN A DISTANCE OF 50.00 FEET
SAID TRACT OF LAND CONVEYED BY RECORDING N
• 87'55'02" WEST ALONG, THE SOUTH LINE OF SAI
270.00 FEET TO THE POINT OF BEGINNING.
FILED for Record at e Uest ,01 6?,/ r Name. ..."�t,L�.- �.... tLe
Address
•
E,UAIN TRACT OF LAND
D UNDER RECORDING NO.
IST'ANCE OF 660.70 FEET;
OVER PARK WEST A DISTANCE OF
'STANCE OF 930.70 FEET TO
E NORTH 01'51'39" EAST ALONG
0 THE SOUTHEAST CORNER OF
. 7111100109; THENCE NORTH
TRACT OF LAND A DISTANCE OF
RECORDED 1 HIS r)iG1
JAN 3 1. 31 PM
BY THE DIVISION OF
RECORDS & ELECTIONS
KING •COUNT Y
EXHIBIT 2 TO
PROPERTY USE AND DEVELOPMENT AGREEMENT
PARKING PLAN
PARKING PLAN "A"
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page 5
9853A /DDW
PARKING PLAN "A"
Benaroya shall adhere to the terms and conditions contained
in the Conditional Use Permit for Off- Premises Parking Area at
the Pavilion as follows:
1. The subject off - premise parking area is depicted by
the plan designated Exhibit A -1 attached hereto and said
off - premise parking area is more fully described by Exhibit A -2
which is also attached.
2. A total of 740 parking spaces shall be required to
serve the Pavilion Outlet Center. Of that total, 518 spaces
shall be provided on the Pavilion site proper. At least 222
additional spaces, but no more than 500 additional spaces shall
be provided at the southeast quadrant of 57th Avenue South and
South 180th Street by lease agreement in accordance with the
terms of City of Tukwila Conditional Use Permit 82 -20 -CUP.
3. Parking closest to the Pavilion shall be reserved for
the customers of the Center with parking areas for tenants and
employees specifically designated at a less convenient location.
4. In the event that the implementation of the provisions
of Paragraphs 1 through 3 hereinabove fails to prevent or
alleviate traffic congestion and parking problems at or near
the proprty, Benaroya may, at its discretion, implement such
other measures approved by the City's Planning Department,
which shall provide additional parking spaces to serve the
Pavilion.
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EXHIBIT A-1
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EXHIBIT A -2
LEGAL DESCRIPTION 82 -20 -CUP
Those portions of the southwest quarter of the northeast
quarter and southeast quarter of the northwest quarter, all
in Section 35, Township 23 North, Range 4 East, W.M., in
King County, Washington, more particularly described as
follows:
'Commencing at the northwest corner of the said southwest
quarter of the northeast quarter; thence'S 88 °54'46" E
along the north line of said subdivision, 449.30 feet;
thence S 01 °05'14" W, 36.0 feet to the southerly margin
of South 180th Street and the true point of beginning;
thence continuing S 01 °05'14" W, 365.78 feet; thence
N 88 °54'46" W, 424.89 feet; thence S 86 °58'00" W 103.76
feet; thence S 58`20'50" W, 74.23 feet to the easterly
margin of 57th Avenue South (Southcenter Parkway); thence
N 08 ° 43'18" E along said .easterly margin, 316.06 feet;
thence N 14 °46'53" E along said easterly margin,' 63.77
feet; thence on said easterly margin along a curve to the
right having a radius of 50 feet through a central angle
of 76 °18'21 ", an arc distance of 66.59 feet; thence
S 88 °54'46" E along the southerly margin of said South
180th Street, 485.16 feet to the true point of beginning
PARKING PLAN B - Page 1
PARKING PLAN "B"
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page 6
9853A /DDW
At such time as the City of Tukwila Planning Department
determines that a dangerous or undesirable parking situation
exists on the Property as a result of the use of the Pavilion
Outlet Center, or as a result of any other development of the
Property, Benaroya shall cause to be implemented Parking Plan
rr
OD "B" containing the following elements which replace
O those contained in Parking Plan "A ":
Construction of a parking structure on the Pavilion Outlet
cl
QD site proper with sufficient parking capacity to satisfy the
Tukwila Planning Department that the dangerous or undesirable
parking situation has been corrected. Such structure, if
required, shall not increase the number of parking stalls which
is now required by applicable codes for the existing uses on
the Property, as follows: 740 spaces for the Pavilion Outlet
Center as approved by existing building permits, together with
any additional parking spaces required by any permits later
issued for more intensive uses on the Pavilion Outlet Center
site proper.
The decision of the City's Planning Department requiring
Benaroya to implement Parking Plan "B" shall be made in writing
and a copy of such determination shall be sent by the City, by
certified mail, to Benaroya. Benaroya shall implement said
Plan within 90 days of such notice.
PARKING PLAN B - Page 2
PAVILION - REVISED PROPERTY USE
AND DEVELOPMENT AGREEMENT - Page 7
9853A /DDW
Benaroya may appeal the decision of the Planning Department
requiring implementation of Parking Plan "B" by filing a
written notice of appeal with the City Clerk. Such appeal
shall be considered by the City Council within 30 days of the
filing of the notice of appeal. The City Council may affirm,
deny, or modify the determination of the Planning Department.
The decision of the City Council shall be final.