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Home My WebLink About1969 - Ord 0575 - Rezone South 154th Street / Southcenter Boulevard (Forsyth Property) - 6557635 6557635 Yoe 143 AcF i 3 S, J PLED for Record of OS R N /C •• ITy TUK WILA WASHINGTON ORDINANCE NO. t") 7 AN ORDINANCE AMENDING ORDINANCE 251, AS AMENDED, AND THE ACCOMPANYING OFFICIAL ZONING MAP OF THE CITY OF TUKWILA BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY IN THE CITY OF TUKWILA FROM RMH to C -1 WHEREAS, the owner of the property described below has petitioned the City Planning Commission and City Council for re- classification of said property from multiple residential high density district, RMH to neighborhood retail business, C -1; and, WHEREAS, the Planning Commission, after public hearing on said petition, has recommended the City Council approve the reclassification of the said property from RMH to C -1, provided that certain covenants and conditions be attached to the rezone for the protection of property and persons located in the vicinity; and, WHEREAS, the owners of.said property have executed a concomitant agreement in favor of the City of Tukwila which has been filed with the City and which is by reference hereto made a part of this Ordinance; and, WHEREAS, the City Council finds that the covenants and conditions entered into by the owners of said property in sa.id agreement offer the protection and benefit of the public generally and the public welfare in particular; and, WHEREAS, the City Council concurs in the recommendation of the Planning Commission and finds that the requested reclassi- fication of the property described below from multiple residential high density, RMH, to neighborhood retail business, C -1, to be within the public health, safety, and general welfare.; NOW, THEREFORE, The City Council of the City of Tukwila do ordain as follows: Section 1. That Ordinance No. 251, as amended, and the official zoning map of the City of Tukwila, are hereby amended f- r VOL 14 3 ce 21 Ord. 4 by changing the classification of the following described land from RMH (multiple residential high density) to C -1 (neighborhood retail business): Tract 35 of Brookvale Garden Tracts; as per plat recorded in Volume 10 of Plats on Page 47, records of King County, EXCEPT the West 220 feet thereof, measured along the North (7:1 line „AND EXCEPT that 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 4 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 City of Tukwila, County of King, State of Washington. PASSED by the City Council of the City of Tukwila, Washington and approved by the Mayor this 18th day of August, 1969. ATTEST: City Cler}{ Mayor APPROV AS TO FORM: �N W 4 �a Ci ttorney y `.1* '„iii° 14 Alb 6. R I �4 i+ O .i l v yj.K e R R Fuea tor Rec 489 /p Request oa� OB RT 9%M RIS, County Auditor PROPERTY USE AND DEVELOPMENT AGREEMENT This i.ctsl rumen t executed this date in favor of th.e City c, 1 Tukwila, a municipal corporat=ion herein called. "City by S George V. Forsyth, and Elsie Forsyth, his wife, herein called. r- "Owner LID WITNESSETH: WHEREAS, Owner is the owner of property located within the city limits of Tukwila, King County, Washington, described as follows: Tract 35 of Brookvaie Garden Tracts; as per p1 at recorded in Volume 10 of P1 ats on Page 1 17, records of King County, E \CEP'[ the West 220 .feet thereof, measured along the North. line, AND EXCEPT that 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 4 of Section 23, Township 23 North, Range 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 filed a petition to rezone the Southerly 150 feet paralleling the centerline o I' ;gun l•h 1 5 tlh Street or Southcenter. Boulevard to C -1 (herein called "Property and 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 -1; 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: (a) Provide left turn channelization and widening 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. Said widening shall -1- 1]i 4 143 RH provide that the additional traffic lane be a minimum of 12 feet wide and 5 feet more for a future pedestrian sidewalk. Said channeiization and widening shall be approved by the City Engineer ap and be provided at no cost to the city. .,p (b) In addition to the access provided by channeliza- L'7 tion, access along Southcenter Boulevard shall be limited to two forty foot right turn entrances and exits. (c) All exposed slope cuts will be landscaped in accordance with plans drawn by a qua.1. i_ :i ed 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 dedicating the necessary right of way. (f) Agree to participate in any future L.I.D. for traffic signalization along Southcenter Boulevard. (g) Grant easement for relocated sewer line across tl.re southwest corner of the property, providing that said easement does not interfere with future development. 2. 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 Cite- shall be entitled to reasonable attorney's fees for such enforcement pro- ceedings which may he imposed as .a. charge against said 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. -2- 5. That partial waiver or waiver by acquiescence by the City of any covenant or condition or restriction of this agreement shall not be a waiver of any other covenant, condition or restriction of this agreement. IN WITNESS WHEREOF, this agreement if executed this 18th day of August, 1969, at Tukwila, Washington. CO t LSD STATE OF WASHINGTON, County of 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 1 8th day of August, 1969. -i t 1 �e 1 J r Notary Public in and for the State of Washington, residing {PS.:.� at..Seattle -3- S' rli8tl tot KOCOGd(,?, a 1V6 de) ��a/ vV =eauest of +nRF T 0, County Audit ,r 2, Frank W. Zepp, City Supervisor for the City of.1' Tukwila, Washington do hereby certify this to be copy of !'Exhibit A" as referred to in the Propert Use and Development Agreement dated August 18, 1949 between the City of Tukwila and George V. Forsyth, and Elsie Forsyth, his wife, and which is recorded. with the King County Auditor in Vol. 143, Page 21 Through 219. Frank W.