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HomeMy WebLinkAbout1968 - Ord 0519 - Rezone Gundaker's Interurban Addition Property - 6355527CITY OF TUKWILA WASHINGTON 6355527 ORDINANCE NO 519 An Ordinance reclassifying certain property from R:1 to RMH within the City of Tukwila. 1. WHEREAS, the owners of the following described property have petitioned the Planning Commission requesting reclassification of said property from R-4 to RMH 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 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 covenants and conditions entered into by the Owners of the said property in said Property Use and Development 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, NOW, THEREFORE, the City Council of the City of Tukwila do ordain as follows: The following described react property is hereby classified as RMH in accordance with Ordinance No, 251 of the City of Tukwila, as amended, and the City Council hereby adopts the attached map showing said classification for the following described real property: is �teraTb G Baker uz�e 1 k of Block 2, Vo l 17 18 1 the itvacate, recorded c and map th is Records 'tang nuts s of �ditian to Rec of this Ordinance Plats, ?age a file a copy directed to day of The City Clerk dir f T 1 this t Anditar• Council of the City the County PASS by the City ii 1ttes 'blast", 1968. Npproved as to Form= Washington this APPRCV� by the day o the City of day of %ay, 196$. yar, City of PROPERTY USE AND DEVELOPMENT AGREEMENT THIS INSTRUMENT, executed this date in favor of the City of Tukwila, a municipal corporation (herein called "City by Herman C. Anderson and Grace C. Anderson, his wife, (herein called "Owner WITNESSETH: WHEREAS, Owner is the owner in fee simple of the following described property, hereinafter called "the Property Lotts 17, 18, 19, and 20, vacated block 2, .Gundaker's interurban addition to Seattle, according to plat recorded in volume 14 of plats, page 46, in King County, Washington located in Tukwila, King County, Washington; and WHEREAS, Owner has filed a petition to rezone the property to RMH; 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, substantially in the form hereof, 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 RMH is within the public health, safety and general welfare, and subsequently rezones the property to RMH; 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) South 154th Street, adjacent to the above described property, shall be improved to minimum City of Tukwila standards; and a suitable Hammerhead turn around shall be onstructed for automobile turn around on Sixty /Ivenue Tukwila. day of Said turn around shall be approved by City of Tukwilla Engineering Department. Such street improvement and turn around shall be constructed before completion of apartment or within one year of issuance of building permit, whichever is sooner. (b) Off- street parking for automobiles shall be provided at the rate of not less than three spaces for each two apartment units 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. 3. 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. 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 affect any other covenants, conditions or restrictions herein contained. 1i IN WITNESS WHEREOF, this agreement is executed this 19 /c at Ttwila, Washington. INDIVIDUAL ACKNOWLEDGMENT E /"Lit •c i- d "t' 'I certify that on this 13+.h day of kay 19 68 before me, a Notary Public in and for the State of Washington, duly commissioned and qualified, personally appeared Herman C. Anderson and Grace C. Anderson to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year first above written. C ,/7' Notary Public in and for the State of Washington, residing at mount Vernon 95 60 1-, i I \t„.. r jLT T011 IN I 4 P rs :,-I -I_ 3 /54 ri_ .7.7 i /WC l, r.., t li iii ;13 I I t 1 1 I -,I 1 1 7 n f(.....: 1... 1 i 1 Request of ono filed for Record )9 a (112121C nth, 'kn.-elite