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HomeMy WebLinkAbout2000 - Development Agreement / Street Vacation, Future Street Dedication and No Protest Agreement - Northwest Development - 2000080900085720000809000857 Return Address: CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET CITY OF TUKWILA City Clerk's Department 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 Document Title(s): development agreement street vacation future street dedication and no protest agreement mark nickels northwest development 0042000031 0042000032 0042000033 Parties: Other: City of Tukwila, Washington Last Name First Name Initials N oR7 NWEsT DEVEGC,F1'!(ENT" O+� ,cEA TILE Company Name (if business) P3 sV .2 g Address SEA -17 City 6_)74- 9c9/ 38 State Zip m o Assessor's Property Tax Parcel /Account Number(s): Co LA a o0 - 003 t • 0 0 2 . 1 - ) 0 0 - 0 0 3 ; 0 0 4 1 0 0 _ 0 0 3 3 9g Public Works: 2/25/97 200o - l `i a 9.0C-c, -/z 2_ -4742 3. 40 . S� 20000809000857 Filed for Record at Request of: Department of Public Works City of Tukwila 6300 Southcenter Blvd., Ste. 100 Tukwila, WA 98188 DEVELOPMENT AGREEMENT (STREET VACATION, FUTURE STREET DEDICATION AND NO PROTEST AGREEMENT) THIS DEVELOPMENT 4pGREEMENT ( "Agreemens ") is made and entered into this 8 day of Q►�qugL. , 2000 by Northwest Development of Seattle, IYLc., a Washington corporation, ( "Developer ") with the City of Tukwila, a municipal corporation ( "City "). Developer and the City hereby agree as follows: 1. Property. Developer holds the fee simple to that certain real property located in the City of Tukwila, King County, Washington and described as: Parcels 2,3 and 4, City of Tukwila Short Plat number L92- 0061, recorded in King County, Washington on June 28, 1993, under recording number 9306282071 ( "Property "). Page 116, 2 000080 9 0 0 0 85 7 Developer owns the property free and clear. Developer hereby represents and warrants that Developer has disclosed to the City all persons or entities holding an interest in or to the title of the Property. 2. Development. The Developer has applied to the City to develop the Property in the following manner: Building permits for the construction of three new single family dwellings on the property ( "Development "). 3. Vacation of Street, Limitation on Use of Street, Future Dedication of Street, and Maintenance Responsibility. The property currently includes an unpaved gravel unopened public right of way which runs along and adjoins the western boundary of the property. The unopened right of way is legally described in Attachment A, which is incorporated by reference into this agreement as if fully set forth herein. Developer does not wish to pave the unopened right of way nor provide curb, gutter and drainage for the same at this time. Developer desires that the City vacate the unopened right of way so that Developer or future owners will maintain the same as a gravel street at their expense. The City does not wish to provide maintenance of the unopened right of way which would service only the Developer's property and, therefore, also desires vacation of the unopened right of way. The City may, however, need the unopened right of way in the future in the event the City seeks to connect S. 148th St. to S. 150th St. Based on the above stated desires, the unopened right of way shall be vacated and Developer shall take possession of the same (vacation shall be accomplished according to applicable law). In lieu of monetary compensation to the City, Developer agrees that it will dedicate and reconvey the unopened right of way back to the City in the event the City deems it desirable and feasible to utilize the unopened right of way to connect S. 148th St. to S. 150th St. During all periods of time in which the unopened right of way is owned by Developer, Developer agrees that the unopened right of way shall be used solely for the purpose of access to Parcels 1,2,3, and 4. No structures Page 2 shall be constructed or installed on or within the right of way. Any construction on Developer's property shall comply with the set back requirements set forth in the Tukwila Municipal Code. The unopened right of way shall be treated, for the purpose of determining set back requirements, as a public right of way. As a result, setbacks on each property shall be pursuant to the Tukwila Municipal Code and measured from the eastern boundary of the existing 25 foot unopened right of way as described in Attachment A. During the time that the Developer owns the unopened right of way, the Developer will provide the City with access to the unopened right of way for City purposes to through a recorded easement. Maintenance of the unopened right of way shall be 00 the sole responsibility of the Developer. This O responsibility shall attach immediately upon the O execution of this agreement. O 4. No Protest Agreement. co In the event the City seeks dedication and O reconveyance of the unopened right of way as described in O section 3 above, the Developer is obligated to and agrees CD to participate in the funding of future street CD improvements made as part of opening the street to CQ through traffic for Developer's proportionate share of said improvements fronting Developer's property. If an L.I.D. or U.L.I.D. is formed to carry out such improvements, Developer agrees to not contest the formation and waives the right to protest the formation of the L.I.D. or U.L.I.D.. Developer does retain, however, the right to contest the method of calculating assessments and the amount thereof levied against the property. 5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal representatives. This Agreement runs with the land. The term Developer includes any future owners of the property or portions thereof. 6. Applicable Law. This Agreement shall be Page 3 governed by and construed in accordance with the laws of the State of Washington. Jurisdiction over and venue of any suit arising out of or related to this Agreement shall be exclusively in the state and federal courts of King County, Washington. 7. Attorneys' Fees. In the event that any suit or other proceeding is instituted by either party to this Agreement arising out of or pertaining to this Agreement, including but not limited to filing suit or requesting an arbitration, mediation, or other alternative dispute resolution process (collectively, "Proceedings "), and appeals and collateral actions relative to such a suit or Proceeding, the substantially prevailing party as determined by the court or in the Proceeding shall be OD entitled to recover its reasonable attorneys' fees and CD all costs and expenses incurred relative to such suit or O Proceeding from the substantially nonprevailing party, in © addition to such other relief as may be awarded. 8. Entire Agreement. This Agreement contains the C5 entire agreement between the parties with respect to this OD matter. It may not be modified except in a writing signed by the party against whom enforcement of the O modification is sought. O O 9. Waiver. The waiver by a party of a breach of CR any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by that party. No waiver shall be valid unless in writing and signed by the party against whom enforcement of the waiver is sought. 10. Severability. If for any reason any portion of this Agreement shall be held to be invalid or unenforceable, the holding of invalidity or unenforceability of that portion shall not affect any other portion of this Agreement and the remaining portions of this Agreement shall remain in full force and effect. 11. Authority. The Developer, as a corporation, shall deliver to the City a certified Board of Directors Resolution authorizina.,the Developer to enter into this Agreement within ( Q5 ) days after the execution of this Agreement and shall provide Page 4 evidence that it is a corporation duly organized, validly existing and in good standing in the State of Washington. This Agreement to be executed by Developer will be validly executed and delivered and will be binding upon the Developer. Developer hereby represents and warrants that the person or persons executing this Agreement have the requisite authority to bind the entity under which Developer is conducting its business. Any other persons having an interest in the Property have been disclosed by Developer and have validly executed this Agreement. DEVELOPER STATE OF WASHINGTON ) ss. COUNTY OF KING On this / " day of CITY OF TUKWILA By: Its , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly com ssi n�e and sworn, personally appeared - rfltIf / (i�-G f S , to m- . n.wn o be t. - ' T te, 4 'L of ■ r �// St #. Yk//aI I'C - he 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 thatl4_ was authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and off ' cial ea hereto affixed the day and year first above wr 0•: ;: 1,,Not ,y Pu c i and for the ic) 31.7`21Z/ ' `'' tta e of Washington, residing at `Silt,111 • 2000080 9 0 0 085.7 • A STATE OF WASHINGTON ) ss. COUNTY OF KING My Commission Expires: 65 -N -03 On t•i •ay •e onally appeared before me 11'_ Li��l1LMl , to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that fl€. signed the same as hi s free and voluntary act and deed, for the uses and purposes therein mentioned. GIVElii under my hand and official seal this day of 749i.. L / , 2000. 4 . Notary Public in and for the ���\\\` Stake of WashingUon, residing at %���if�t�ss0,1;::.. - g�.1$ My o m' o E xpires .' 'o N07-4 -'•�/ - -� b Y� : i m: # N� ••• pJ &LIC • • 1N �����WASN `,; - 9 Page 6 Attachment A Development Agreement By Northwest Development and the City of Tukwila Lot 5, Block 1, Adams Home Tracts 2 "1 Addition NTS round 1' P4•.~ ' 042nd Aw. S. 5. 14615 5L 3/13/12 So. 148th St. r.. hydrant 1. 117.5• /C. N 21.3' M. f r15 .Id• S.M. 14815 SL �?�5 eeroz2s' C // 529J0' round rater 0 /e.p /17663 0.40. 5.. k.0.37 feat Lela. N pine, P•l• eels meter r.w,d Y br. disk r/be. • ./ Il0hl 3/13/92 126.62 Mu 272.5 - - 269.1 Mr W O O1. 's ". it — A 4 tiS t� Or`?o1\� . 0 AL 5511X 20-19 der. - 239.7 273.3 273.6 T ~`` 10367 —~ u I Stipulated for future rededication N ,r 1 ; 1 80.00 .-.- 78.00 101.39 r 83.00 \ `3' .Ir$p 1e be dadleeted Tuk.i. Sal 2' • Parcel 1 5 8,060 sq.f•. O n • le th. City rotor •/ cep north of•de.d erns �- Ealallnq bees• (4261 0 4 er x-3604 24.4. r o p ai �•� 103.61 S 15602'25' E Parcel 2 5 7270 sari. • (.... f S 00ro5'43' E to' , ( ie Parcel 3 O 8.079 R • 20.00 rL • 31.15 lam ante ',,e..._ 25.40' —. 103.59 f tq.ft. , ray lam— around r..eAoy ..tene•d. e, 5 156•05.43. E 'r 0 0 Y A. E 4 5.00 4 I N 103.55 /rte 24.39y /• • 245.3 L. 20.00 P.rcel • L • 31.68 5295 sat t- .1 n Set ratter w /e.P 123604 (t)p) 10' SANITARY SEWER lEASD4D4T 10157 .• e t P 2 e. g ,10' _ 1. 239.2 g S 55 Q3 43. E 12537 0 6 ! ' 234.9