HomeMy WebLinkAbout2000 - Voluntary Sign Reduction Agreement - Kang Yong - 20001003000005 (Rerecorded 20000905000637)20001003000005
20000905000637
Return to: City of Tukwila
Department of Community Development
6300 Southcenter BL, Suite 100
Tukwila, WA 98188
Grantor: City of Tukwila
Grantee: YongJA Kang
m VOLUNTARY SIGN REDUCTION AGREEMENT
BETWEEN
CITY CF TUKWILA AND Yong JA Kang
1. Parties.
This Agreement is made by and between the City of Tukwila, Washington, a non - charter
optional municipal code city (hereinafter referred to as "City ") and the owner of real property
located at 14857 Tukwila International BL, Tukwila, Washington, and legally described in
Attachment A hereto (hereinafter referred to as "Owner") for the purposes more fully set forth
below.
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2. Recitals. , H Z
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c-, A. This Voluntary Sign Reduction Agreement sets forth the terms and conditions under which
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LIM the Owner will voluntarily remove existing signage within the City of Tukwila in order to mor -J 0
comply with Ordinance No. 1857, Tukwila's Staged Compliance Sign Atization Program. co O
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o B. The Staged Compliance Sign Amortization Program is a phased program designed to bring —J F-
`.r) all signage in the City of Tukwila into conformance with the Tukwila Sign Code (TMC 19) per cn u-
_, the provisions of Ordinance No. 1857 within a defined time period. Ordinance 1857 was w 0
rn• adopted on November 23, 1998 and its effective date is January 1, 1999.
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�, C. The property, on which the signage subject to this removal agreement is situated, is that N d
o certain real property located at 14857 Tukwila International BL, Tukwila, King County,
°. Washington (King County Parcel No. 0041000350.) H =
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D. The Owner has applied for this Voluntary Sign Reduction Agreement through the City's Z O
Department of Community Development in order to obtain the benefit of an extension in the w w
time period required for compliance with Ordinance No. 1857 beyond the three -year base
amortization period the Ordinance provides. v rn
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3. Provisions. As evidenced by their respective signatures below the parties agree to the w uj
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following provisions:
A. Percentage of Reduction and Extension Formula. Ordinance No. 1857 provides for an
extension of the time period in which to comply with the Ordinance's sign removal provisions
based on the percentage of reduction to signage. Ordinance No. 1857 is incorporated in full
herein by reference.
B. Removal of on- premises signage. The Owner agrees to reduce on- premises signage on
the property identified in Section 2(C) above in order to receive an extension of time by which
he /she or it must comply with Ordinance No. 1857. An extension of the amortization base
time period is available for those persons or entities complying with signage reduction
requirements more fully set forth in Ordinance No. 1857. Attached hereto as Attachment B is
the Notice of Decision issued by the City's Department of Community Development approving
the Voluntary Sign Reduction Agreement. It is incorporated herein as if fully set.
C. Substitution of Signage and Permitting Requirements. Existing on- premises signage may
be substituted with new and /or existing signage, so long as such substitution results in a total
reduction in non - conforming signage. Substitutions with new signs require a permit issued by
the City's Department of Community Dcveicpmtnt. Sign hermits for substitution signage are
subject to the compliance period specified under this Agreement.
D. Extension. Based on the foregoing provisions and based on the Owner's percentage of
reduction, the Owner shall have 4.5 years from January 1, 1999 to fully comply with the City's
Staged Compliance Sign Amortization Program.
E. Expiration. This agreement expires on June 30, 2003. At expiration all signs must be in
conformance with the Tukwila Sign Code.
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F. Remedies. The Owner agrees that if he /she or it fails to fully comply with any of the
terms of this Agreement, that the City is permitted by the Owner, and the Owner has the
authority to authorize, the City to enter upon the property and remove the non - conforming
signage at Owner's sole cost and expense. The Owner agrees to reimburse the City for all
costs of removal, including but not limited to, attorney fees, staff costs, dump fees, electrical
fees, and abatement costs. Nothing in this provision precludes the City from pursuing any
other remedies provided by law, including legal or equitable relief.
G. Maintenance and Repair. Nothing in this Agreement relieves the Owner from his/ her or
its obligation to comply with City code provisions regarding the maintenance, safety, and
c=, repair of signage.
4. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and both parties acknowledge that there are no other agreements, oral or otherwise, that have not
m been fully set forth in the text of this Agreement.
0 5. Modification. The parties agree that this Agreement can be amended or modified only
�"- with the written concurrence of both parties.
0 6. Agreement to be Recorded. This agreement will be recorded with the King County
Recorder's Office.
7. Notices. Any notices given under this Agreement shall be mailed to the following parties
at the following addresses, unless written notice of a change in either such address is provided to
the other:
Name of Property Owner: Yong -JA Kang
Full Address: 19235 Index St. #4
Northridge, CA 91326
City:
City of Tukwila
City Clerk
6300 Southcenter Boulevard
Tukwila, WA 98188
Attachment A: Property Legal Description
Attachment B: Notice of Decision
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PROPERTY OWNER
By:
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V AW TA- - ,4 A//-t-
co./ER
CAL / Q Allis-
STATE OF VtagMicfEFFUIT )
COUNTY OF S /�nr6t2t3) ss.
On this date personally appeared before me )/Q,j(,. T* (<N N G- , to me
known to be the individual that executed the within ar(d foregoing instrument, and acknowledged
the said instrument to be his free and voluntary act and deed for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument.
DATED this / day of ACE 6-us r , 20 0 Q .
JOSEPH A. MAURO
Commission # 1224057 z
Notary Public - California
Los Angeles County
My Comm. Expires Jul 9, 2000
CITY OF TUKWILA
Director of Community Development
Steve Lancaster
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
is in and for the State of e--4'L «/504--
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My commission expires .T4- C- 9 41 ? ti c9 3
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On this date personally appeared before me Steve Lancaster, to me known to be the
individual that executed the within and foregoing instrument, and acknowledged the said
instrument to be his free and voluntary act and deed for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument.
DATED this 2-344 day of
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PUBLIC
•■ 6,16.061 .,
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, 2000
�. a. /�-
Notary Public in and for the State of
Washington, residing at A6:tine,, l.t'A
My commission expires b -/6 -09
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To:
NOTICE OF DECISION
Staged Compliance Sign Amortization Program
Voluntary Sign Reduction (VSR) Agreement
July 21, 2000
Yong -JA Kang
19235 Index St. #4
Northridge, CA 91326
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This notice is to confirm the decision reached on 7..2/. DO by the Director of the w w
Department of Community Development. This decision allows the property owner 2 o'
additional time beyond the base amortization period and is an agreement between the o (/)
landowner and the City of Tukwila regarding non - conforming on- premises signage. o
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This letter serves as a Notice of Decision for a Type 2 Decision, which is described in the L 0'
Permit Application Types and Procedures Chapter, Tukwila Zoning Code, (TMC z
LLI 18.104.010C,) on the following property. _:.
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c*� Property Owner: Yong - JA.Kang z. .
File Number: L2000 -029
¢' Location: 14857 Tukwila International BI.
LJ) Conditions:
r, 1. Permits are required for any new signs or existing signs that are to be moved or
modified.
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2. Reduction of sign area for the two signs below per the VSR agreement must
occur by December 31, 2001. Modification of the signs below must be permitted
for and modified by the above date. Applicant will remove "cocktails" portion of
sign below.
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Applicant will reduce overall size of 75 square foot sign below by 49 square feet to
26 square feet.
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3. The sign below is to be removed from the site by December 31, 2001.
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4. The property owner has until June 30, 2003 to bring the remaining portion of
the roof mounted sign into conformance with the City of Tukwila Sign Code.
This decision was reached following the criteria outlined in the Extended Compliance
Periods under Voluntary Sign Reduction Agreement Section of the Staged Compliance
Sign Amortization Program Chapter of the City of Tukwila Sign Code (TMC 19.30.050.)
Percent of Reduction Equals:
Total non - conforming square footage reduced per the VSR Agreement divided by
the total non - conforming square footage before reduction. A 15% bonus will be
added for each non - conforming freestanding sign removed or made conforming (if
applicable under the terms of the VSR.)
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Percent of Reduction Using Formula
Duration of Extended
Compliance Period
Less than 30%
Not eligible for extended
compliance period
At least 30% but not more than 45%
4.5 years (base amortization + 1.5
years)
At least 45% but not more than 60%
6 years (base amortization + 3
years)
At least 60%
7.5 years (base amortization +4.5
years)
Project materials relating to the VSR application are available for inspection at:
Tukwila Department of Community Development;
6300 Southcenter Blvd., Suite 100; Tukwila, WA 98188
Monday through Friday; 8:30 a.m. - 5:00 p.m.
The Planner managing the project is Moira Carr Bradshaw, who may be contacted at 431-
3670 for further information.
The time period for appeals is 14 days starting from the date of this Notice of Decision.
The Director's decision is appealable to the Tukwila Planning Commission following the
time limits and procedures of the Appeal Processes Chapter of the City of Tukwila
Zoning Code (TMC 18.116.) Appeal materials shall include:
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cr, . 1. The name of the appealing party.
o. 2. The address and phone number of the appealing party; and if the appealing party is a
o corporation, association or other group, the address and phone number of a contact
person authorized to receive notices on the appealing party's behalf.
0 3. A statement identifying the decision being appealed and the alleged errors in the
o decision. The Notice of Appeal shall state specific errors of fact or errors in
application of the law in the decision being appealed; the harm suffered or anticipated
by the appellant, and the relief sought. The scope of an appeal shall be limited to
matters or issues raised in the Notice of Appeal.
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PitY140e*
9504191296
A["t'RR RECORDING RIErIJRN TO:
EDGAR P. 1LOMDAUER, PS
444 NB RAVENNA BLVD #109
SEATTLE WA 98115
FJCECUTOR'S DEED
The undo s.gned, Grantor, SUK ROK SCOTT KANG, Is the duly appointed, qualified and acting
Executor of the Estate of MYONG S KANG, who dial on July 4, 1988, and was appointed as
Executor of said Estate on December 9, 1988. and an Order of Solvency was entered. tie Is
authorized to settle the Estate without further court Intervention of supervision.
Grantor ■ crcby confirms and quit claims to YONG JA KING, as her separate estate, aU of the
t grantor's hi:crest In the following described real estate, situated In the County of King. State of
cj Washington. Including any after aqulred tide
Lot 29, Crock 2. First Addition to Adams ttome Tracts, according to the plat thereof, recorded
04J, In Volute : 12 of Plats, Page 50, In King County, Washington;
G I Except we North 150 feet thereof; .
Exccp• ' of portion thereof convcycd to the State of Washington for State Road Plo. !; deed
glib-1 And except die South feet thereof conveyed to King County for roud pure by
recorded under Auditor's Pile Number 5633086.
Dated this /'f'`t day of April, 1995.
Stok Rok Scott Kang, Executor of the
Estate o' Myong S Kung
State of Washington )
) ss
County ,f King )
1 certify "hat 1 know or have satisfactory evidence that SUK ROK SCOTT KANG Is the person who
appear+.1 before ate, and said person acknowledged that he signed this Instrument, on oath
stated t .nt SuK Rok Scott Kang, was authorized to ax^cute the Instrument and acknowledged it
as Exec :tor of the Estate of Myong 5 King, to be me free and voluntary act and of such pr.rt
for tho ises and purposes mentioned In the Instrument. A /
• Dated: 1 � % r 9 l�r
Public or the Stat of Washington
My appointment expires: % /I / QJb