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HomeMy WebLinkAbout1968 - Ord 0536 - Rezone Harrison Property - 64523456452345 114 477 CITY OF TUKWILA WASHINGTON ORDINANCE NO 536 An Ordinance reclassifying certain property from R-1 to RMH and R-4 within the City of Tukwila b > 1. WHEREAS, the Owners of the following described property have petitioned the Planning Commission requesting reclassification of said property from R-11 to RMH and R-4 in conformance with the Comprehensive Plan; and, 2. WHEREAS, public hearings on said petition were held before the Planning Commission and the City Council of the City of Tukwila and the City Council having received a favorable recommendation of the Planning Commission with respect to the aforementioned petition; and, 3. WHEREAS, the Owners of said property have executed a Property Use -rt and Development Agreement in favor of the City of Tukwila which has been filed with the City and which is made by reference a part of this Ordinance; and 4, WHEREAS, the City Council finds the covenant's and conditions entered into by the Owners of the said property in said Property Use and Develppment Agreement are for the protection and benefit of the public generally and the public welfare in particular; and 5. WHEREAS, the City Council finds the subject reclassification to be within the public health, safety, and general welfare, NCW, THEREFORE, the City Council of the City of Tukwila do ordain as follows: The following described real property is hereby classified as RMH and R-.4 in accordance with Ordinance No, 251 of the City of Tukwila, as amended, and the City Council hereby adopts the attached map showing said classifications for the following described real property: 314 478 Rini for the westerly 380 feet of Tract 37, Brookvale Garden Tracts, as recorded in Vol. 10 of Plats, page 47, records of King County, Washington and R-4 for the balance of Tract 37 plus that portion of Sec. 23 Township 23 N Bange 4 E, W. M. as follows: Beginning at the Southeast corner of said tract; thence East along Easterly production of South line of said tract to the West line of Interurban Addition to Seattle, according to plat in Vol. 1:0 of Plats, page 55, King County, Washington; thence Northerly along said West line to an intersection with the easterly production of North line of said tract; thence West to Northeast corner of said tract; thence Southerly along Easterly line of said tract to PCB. RMH for the southwesterly corner of Tract 38, Brookvale Garden Tracts, as recorded in Vol. 10 of Plats, page 47, records of King County, Washington, said corner being 1 :50 feet North and South by 230 feet East and West, and R'. ,4 for the balance of Tract 38 plus that portion of Section 23 Township 23 N. Range 4 E, W. M. as follows: Beginning at the Southeast corner of said tract; thence Easterly along Easterly production of South line of said tract to West line of Interurban Addition to Seattle, according to plat thereof recorded in Vol. 10 of Plats, page 55, records of King County, Washington; thence Northerly along said West line to an intersection with the Easterly production of North line of said tract; thence West to the Northeast corner of said tract; thence Southerly along Easterly line of said tract to PCB. The City Clerk is directed to file a copy of this Ordinance and map with The City and County Auditor. PASSED by the City Council of the City of Tukwila this day of P Q 1 1968. Approved as to Form: Attorney ATTEST: Clerk APPROVED by the Mayor of the City of Tukwila, Washington this day n of _l 4 d. Y t 1968. W-LyjA-- t L Mayor, City of Tukwila r fa 1'. ri .4 e C C 1- cj 1.. U 3l C /'t. 3 d c 0 ge wow. 13 0 et 4 1 -16 1 t') 1 PROPERTY USE AND DEVELOPMENT AGREEMENT THIS AGREEMENT is between the CITY OF TUKWILA, a municipal corporation (called "City and ALVIN B. and BETTY J. HARRISON (called "Owner They agree: 1. Owner is now the Owner in fee simple of the following described property, hereinafter called "the Pro- perty": Tracts 37 and 38, Brookvale Garden Tracts, according to plat thereof recorded in Volume 10 of plats, page 47, records of said county; ALSO That portion of Section twenty -three (23), Township twenty -three (23) north, Range four (4) east, W.M., described as follows: Beginning at the southeast corner of Tract thirty -seven (37); thence east to the west line of Interurban Addition to Seattle, ac- cording to plat thereof recorded in volume 10 of plats, page 55, records of said county; thence northerly along said west line to the easterly production of the north line of Tract thirty -eight (38); thence west to the northeast corner of said Tract 38, thence south along the east line of said Tract 38 and said Tract 37 to the point of beginning. located in Tukwila, King County, Washington; and 2. Owner filed a petition on January 25, 1968, to establish Use Districts for the Property, as follows: RMH for the westerly 380 feet of Tract 37, Brookvale Garden Tracts, as recorded in Vol. 10 of Plats, page 47, records of King County, Washington, and R4 for the balance of Tract 37 plus that portion of Sec. 23 Township 23 N. Range 4 E, W.M. as follows: Beginning at the Southeast corner of said tract; thence East along Easterly production of Soule i!Iat vi ti t�Gc: to the West line of Interurban Addition uses, if developed in accord with certain conditions listed herein, would be within the public health, safety and gen- eral welfare, and agreed to establish the property use dis- tricts. 5. Owner, in consideration thereof and for so long as the property remains so classified, hereby covenants, bar- gains, and agrees to the following conditions on behalf of himself, his heirs, successors and assigns: (a) In lieu of present 30 foot right -of -way for South 152nd Street east of 57th Avenue South, to deed to the City of Tukwila a 50 foot right -of- way, aligned to conform with the City Arterial Plan, without cost and no reservation except that 5 feet at the easterly property line to be held in escrow by the City until such time as South 152nd Street is continued to the east and connec- ted with 62nd Avenue South; to improve street to minimum City standards for a 50 foot wide street, including but not limited to grading, drainage and paving. (b) To deed to the City, without cost and without reservation and restriction, a 5 foot strip of land along the easterly side of 57th Avenue, providing Owner's share of a standard 50 foot right -of -way. (c) To equitably participate in any L.I.D. for widening and improving 152nd Street from Macadam to 57th Avenue South. (d) To widen the easterly half of 57th Avenue South to minimum standards for a 50 foot street, including but not limited to grading, drainage and paving, as adjacent parts of the property are developed. (e) To provide water mains with fire hydrants, adequate for fire protection and domestic water uses, connecting to 8" main being installed by Owner in 57th Avenue South as a participant in L.I.D. (f) To place power and telephone wiring under- ground on 152nd Street. to Seattle, according to plat in Vol. 10 of Plats, page 55, King County, Washington; thence Northerly along said West line to an intersection with the Easterly production of North line of said tract; thence West to Northeast cor- ner of said tract; thence Southerly along Easterly line of said tract to POB. RMH for the southwesterly corner of Tract 38, Brookvale Garden Tracts, as recorded in Vol. 10 of Plats, page 47, records of King County, Washington, said corner being 150 feet north and south by 230 feet east and west, and R4 for the balance of Tract 38 plus that portion of Section 23 Township 23 N. Range 4 E, W.M. as follows: Beginning at the Southeast corner of said tract; thence Easterly along Easterly pro- duction of South line of said tract to West line of Interurban Addition to Seattle, according to plat thereof recorded in Vol. 10 of Plats, page 55, records of King County, Washington; thence Northerly along said West line to an intersection with the Easterly production of North line of said tract; thence West to the Northeast corner of said tract; thence Southerly along Easterly line of said tract to POB. 3. The City's Planning Commission, after a detailed review of the location, isolation, and orientation of the Owner's property and of the physical problems of achieving the development of South 152nd Street as projected by the City's Arterial Plan as adopted 11 December 1961, and cogni- zant that the proposed land uses were compatible with those shown on the City's land use map for horizon development as adopted by the City on 15 May 1967, recommended to the City Council on 22 March 1968, after public hearings, that such land use districts be established, but only upon execution of a Property Use and Development Agreement, substantially in the form hereof, herein called "Agreement." 4. The City Council at a public hearing on 6 May 1968, reviewed the recommendations of the Planning Commission, and found that the establishment of the requested property (g) To provide adequate sewers. (h) To provide parking in excess of 3 spaces for 2 dwelling units. (i) To maintain a 30 foot buffer at the north- west corner of the property adjacent to a proposed single family dwelling. (j) To provide a screening fence along boundary bordering on school property. (k) To comply with the above conditions, as buildings and improvements are made on the property, starting from 57th Avenue South and proceeding east, with each segment of the street and utilities being completed as properties using the public improve- ments are completed. 6. This Agreement shall be recorded in the records of 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. 7. The City may institute and prosecute any proceedings at law or equity to enforce this Agreement and Owner agrees to pay reasonable attorney's fees expended by the City for such enforcement proceedings. 8. 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 affect any other covenants, conditions or restrictions herein contained. IN WITNESS WHEREOF this Agreement is executed this ,9 day of 2-I0 n J 1968, at Tukwila, Washington. Alvin ar /v ner J:Harrison, Owner CITY OF TUKWILA By 4 Mayor By -4- City Clerk STATE OF WASHINGTON) ss. COUNTY OF K I N G On this day personally appeared before me ALVIN B. HARRISON and BETTY J. HARRISON, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the purposes therein mentioned. GIVE under my hand and official seal this day of 1968. STATE OF WASHINGTON) ss. COUNTY OF K I N G Notary Public in dnd for the St of Washington, residing at On this day personally appeared before me Stan D. Minkler and Freda M. Leahy to me known to be the Mayor and City Clerk, respectively, of the City of Tukwila, and that they executed the within and foregoing instrument and acknowledged to me that the said instrument is to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instru- ment. GIVEN under my hand and official seal this 3rd day of December 1968. Notary Public in and for the State of Washington, residing at Tukwila