HomeMy WebLinkAbout1966 - Property Use and Development Agreement - Forsyth George / Forsyth Elsie - 6557638property USE AND DEVELOPMENT agreement
6557638
George V. Forsyth, and Elsie Forsyth, his wife, (herein c a l l e d
"Owner"),
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WHEREAS, Owner is the owner of property located within
the city Limits of Tukwila, King County, Washington, described
as follows:
Tract 35 et.' ProoIcva I e . Garden Tracts; as per p l a t recorded in
Volume 10 or Plats on Page 1 17, records of King County, I':XCI''i'i'
the West 220 .feet thereof, measured along the North .Line, AND
EXCEPT Llin t portion conveyed to King County for road; ALSO an
unplatted strip of land adjoining said property on the East
lying between the East line of said property' and the East line
of the Southwest of Section 23, Township 23 North, Range 4
East, W.M.; EXCEPT portion condemned for highway purposes in
King County Superior. Court Cause No. 600726. Situate in the
Town of Tukwila, County of King, State of Washington.
WHEREAS, Owner has f'•i I ed a petition to i ovone the
Southerly
Street or Southcenter Boulevard to C -1 (herei.n called "Property");
and
150 reel, p a r a l l e l i n g the eoo Le e I i nee or Smith I rill Lh
WHEREAS, the City Planning Commission has recommended to
the City Council that the property be rezoned only upon execution
of a Property Use and Development Agreement (herein called
"Agreement"), and that otherwise the petition should be denied;
NOW, THEREFORE,
1. In the event the City finds that reclassification of
the property to C -1 is within the public health, safety and
general welfare, and subsequently rezones the property to C- I ;
then the Owner in consideration thereof and for so long as the
property remains so classified, hereby covenants, bargains, and
agrees to the following covenants and conditions on behalf of
himself, his heirs, successors and assigns:
(it)
Provide lel'I, turn eharinoI.,Lzat:a.on and w•i.doninf;
of Southcenter Boulevard, as shown on drawing
by Mr. Gerald Cysewski, P. E., more particularly
described in Exhibit "A" attached hereto and in-
corporated by this reference. Saiti•'.widening sha
-1-
vol. 13 4.
6557638
provide that the additional traffic lane he a
minimum of 12 feet wide and 5 feet more f'nr a
future pedestrian sidewalk. Said channeli_zation
and widening shall be approved by the City Engineer
a and be provided at no cost to the city.
(b) In addition to the access provided by channeliza-
;.7 tion, access along Southcenter Boulevard shall be
U
limited to two forty fopt right turn entrances
and exits.
(c) All exposed slope cuts will be landscaped in
accordance with plans drawn by a qua I i. fi r.d land-
scape architect.
(d) Provide storm sewer along Southcenter Boulevard
at no cost to the city.
(e) If a future study indicates the feasibility of
a street along the east property line, agree to
join with adjacent owners in ddicating; the
necessary right of way.
Agree to participate in any future L.I.D. for
traffic signalization along Southcenter Boulevard.
(rant easement for relocated sewer line across
the southwest: corner or the property, providing
that said easement does not interfere w i t h future
development.
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•
(f)
(g)
C:
This agreement shall be recorded in the records•of •
the King County Auditor and the covenants herein shall be deemed
to attach to and run with the land and shall be binding upon the
Covenantor, his successors and assigns. All building, occupancy
and use permits hereafter applied for or issued shall be subject
to the terms, conditions and limitations of this agreement.
3. The City may institute and prosecute any proceedings
at law or equity to enforce this agreement and the City shall be
entitled to reasonable attorney's fees for such enforcement pro-
ceedings which may he imposed as a charge against s;i :hl property.
4. It is further expressly agreed that in the event any
covenant, condition or restriction hereinabove•contained or any
partition thereof is invalid or void, such invalidity or voidness
shall in no way effect any other covenants, conditions or, restric-
tions herein contained.
- h -
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'id 143 ;g1-1.10
5. That partial waiver or waiver by acquiescence by
the City or any covenant or condition or restriction or this
agreement shall not be a waiver of any other covenant, condition
or res I t'i l i.on or this agreement.
TN WITNESS WHEREOF, this agreement if executed this
18th day of August, 1969, at Tukwila, Washington.
STATE OF WASHINGTON,
County of
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On this day personally appeared before me George V. Forsyth
and Elsie Forsyth to me known to be the individuals described in
and who executed the within and foregoing instrument, and acknowl-
edged 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 18th day or August,
1969.
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N Public in for the
State of Washington, residing
at. .Seattle
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okrtti'st of i�7j �y ,
twin 1MAi=RIS. County Audl +