HomeMy WebLinkAbout1986 - Sidewalk Agreement - Storseth Robert / Van Dusen Gary - 86091113018609111301
SIDEWALK AGREEMENT THIIS INSTRUMENT, executed this date in favor of the City of Tukwila, a
municipal corporation ("City") by the UNDERSIGNED OWNERS of the within described
property ( "Owners "):
WITNESSETH
1. WHEREAS, Owners warrant to the City that they are persons
owning a fee - simple interest or having substantial beneficial interest in the
following described real property located in the Tukwila, King County.
Washington ( "Property "):
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LEGAL DESCRIPTION
LOT 3 OF SHORT PLAT 79- 26-SS, AUDITOR'S FILE NO. 8034240503,'' --
WITHIN THE CITY LIIMITS OF TUKWILA, WA. THE PROPERTY IS 114.,
THE NORTHEAST 1/4 OF SECTION 15, TOWNSHIP 23N, RANGE 4E, —
W.M., KING COUNTY, WA.
2. WHEREAS, Owners warrant to the City that their interest'in the
Property includes full power to enter into agreements and covenants which will
run with the land, and
3. WHEREAS, Owners have made application to the City for one or more
land use, development ur• building permits, or subdivisions of land, all
as identified in Planning Department File No. CN -85 -293 for proposed develop-
ment of the Property, and
4. WHEREAS, the proposed development by Owners will require addi-
tional public improvements or services which will benefit the Property, and
5. WHEREAS, the City could, under the circumstances and pursuant
to Ordinance No. 1158, as amended by Ordinance Nos. I217 and 1233, require
present construction or contribution toward construction by the undersigned
of the following specific public improvement as one of the conditions of
approval of said development permit or land subdivision:
SIDEWALK: FRONTING THE ABOVE PROPERTY ON
SOUTH 133RD AND SOUTH 134TH PLACE -
HOW, THEREFORE, Owners hereby covenant, bargain and agree on behalf
of themselves, their heirs, successors and assigns, that if the City grants
the permit or other land use approval for which application has been made
h; • 'Swners :
1. In.the event such sidewalk improvement should be ordered by the
City pursuant to the creation of a local improvement district, the Owners
understand that the determination of benefit received and calculation of
the assessment for the real property herein described may be adjusted to
account for any sidewalk improvements contributed by the Owners prior to the
formation of the local improvement district, having general benefit to the
district.
2. In the event that sidewalk improvements should be ordered by -
thn City pursuant to the creation of a local improvement district, the Owners
agree to defend and save harmless the City of Tukwila to any loss, damage
or delay suffered by the City as a result of any protest to the formulation
of such improvement district, filed by or on behalf of the,then owner of the
real property described herein.
3. Nothing herein shall be considered as limiting the right of
the Owners, pursuant to the provisions and procedures of RCN 35.44.080,
to object to the amount of the assessment then proposed to be levied against
said real property.
4. Nothing herein shall be considered as In any:way limiting thy'
authority of the City of Tukwila to determine tha necessity:for public
improvements nor the manner or method of providing the cost.of:,construction of same,
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Page I of 3
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5. in lieu of the provisions of Paragraphs 1 through 4 above. at such
time in the future a; said sidewalk public improvement is determined by the City
to be needed and is ordered by the City to be constructed. Owners will not
oppose the ordered improvement. The Owners shall furnish Plans and spedifica-
tions designed in accordance with requirements of the Tukwila Municipal code and
the Public Works Department for said project at their sole expense. Upon review
and approval of said plans and specifications by the City of Tukwila Public
Works Department, the Owners shall construct said sidewalk improvement and shall
provide upon completion nr said improvement the final document requirements to
the public Works Department of the City of Tukwila in accordance with the
Tukwila Municipal Code (i.e., as- huilts, plans, etc.)
6. If the construction of said sidewalk improvement has not been
substantially completed within twelve (12) months from the date that the City
gave Owners the order to construct the improvements, the City shall have the
right to complete said construction. owners shall reimburse City for all labor,
material and other costs Incurred in such work.
7. This Agreement shall he recorded in the records of King County and
the convenants hereof shall be deemed to attached to and -Pin with the Property
and shall be binding uppn the Owners, their heirs, successors and assigns, and
shall apply to after - acquired title of the Owners of the Property.
P.. This Agreement shall be amended or modified by agreement between
the Owners and she City; provided si.,;h amended agreement shall be app:uved by
.-.i the legislative authority of the City. Nothing in this Agrewement shall prevent
:) the City Council from making such further amendments to any ordinance, including
the Zoning Ordinance. as it may deem necessary in the public interest.
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9. !his .-.ireement is made for the benefit of the city and for the
benefit of the Owners of property within 300 feet of the property, and either
the City ur any such property owner may institute and prosecute any proceeding
at law or in equity to enforce this Agreement.
Page 2 of 3
8009111301
10. it is further expressly agreed that in the event any covenant or
condition or restriction hereinabove contained or any portion thereof iS invalid
or void, such invalidity or vuidess shall in no way effect any other conrenant,
condition, or restriction hereinabove contained.
DATED THIS / DAY OF �(L
, 19.
The foregoing Agreement is accepted by the City of Tukwila this
robert storseth gary van dusen
STATE OF WASHINGTON)
)s:
COUNTY OF KING )
CITY OF TUKWILA
'f1 o u' lam
On this day personally appeared before me�Q4L_Z574,114-
to be known to be the parties described in and who execute w th n OEWA
AGREEMENT and acknowledged that he /she signed and sealed the same as his /her
free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL F.EI.L THIS 7 1
OF Y.I/Z.t -S.-- . 19 Gi
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this day personally appeared before me /�iv nrrsen
and to be knowr :o be the
and - -- — of the CITY OF TUKWiL the orporation
that executed the within and foregoing SIDEWALK AGREEMENT and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for
the ses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument.
DAY
e01? __�-C_
otary a is in and or th�i S ate�f
Washington, residing a��'lry�il.�c -/�
OF
GIVEN UNDER MY NAND AND OFFICIAL SEAL THIS t_/
ISiDEwK.S SIOEWK.52)
M.12
,19eC'4 .
DAY
btary ubtic in and for t e 5tata gf
Washington, residing
Page 3 of 3
RETURN TO:
City of Tukwila
6200 Southcenter Rlvd.
Tukwila, Na. 98188
Attn: City Clerk