HomeMy WebLinkAbout2007 - No Protest Local Improvement District Agreement - WIG Properties - 20070131003244Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Above this line reserved for Recorder's use
NO PROTEST LOCAL IMPROVEMENT DISTRICT AGREEMENT
Grantors: WIG PROPERTIES, LLC -SS, a limited liability company organized under laws
of Washington State
Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington.
Document Reference Number(s): N(, r A ✓6t r toW e. Developer Agreement
Section/Township /Range: SW 26 23 04
Assessor's Tax Parcel Number(s): 2623049080, 2623049081, 2629049117
Abbreviated Legal Description: NA
Q:\PROJECTS\SC square\Dev Agrrement \11.27.06 SC Square NPLIDI.DOC /J /12/04/06
20070131003244
CITY OF TUKWIL AG 36.00
PAGE001 OF 005
01/31/2007 15:55
KING COUNTY, WA
1
NO PROTEST LOCAL IMPROVEMENT DISTRICT AGREEMENT {PRIVATE
THIS AGREEMENT "Agreement is made and entered into by Wig Properties, LLC -SS, a
Washington state limited liability company "Owner"), the owner of the property and developer of
the property; and the City of Tukwila, a Washington municipal corporation "City
1. Property. Owner is the owner of certain real property located in the City and as
shown on Exhibit "A" attached hereto and incorporated herein by this reference "Property").
2. Development. Owner has entered into a Development Agreement with the City,
effective September 15, 2006, for the development of the Property. As part of the Development
Agreement, Section 8, Paragraph A.a., Owner has agreed to enter into this Agreement.
3. Improvement Proiects. The City anticipates one or more Local Improvement
Districts "LID") will be formed to complete the following future projects "Improvements
A. 61 Avenue South Bridge Widening
Project includes rebuilding and/or relocating the 61 Avenue South Bridge and installation of turn
pockets and/or approach lane upgrades, signal upgrades /relocations, landscaping, sidewalks,
utilities, and other normally associated improvements. WSDOT will replace the bridge with an
equivalent structure. The City's modeling indicates a 7 -lane facility is necessary. Incremental
cost for a wider bridge will not be covered by WSDOT.
B. Tukwila Urban Access/Klickitat Improvement Project
Project includes two -lane widening and pedestrian corridor widening of Southcenter Parkway
from Strander Blvd to Nordstrom; grade separation of the southbound lanes of Southcenter
Parkway at the Klickitat Drive intersection; construction of a new bridge structure to maintain
the connection between the existing surface grades of Klickitat Drive and northbound and
southbound Southcenter Parkway; a new signal on Southcenter Parkway south of Strander
Boulevard; and a traffic signal interconnect of 4 intersections.
4. Waiver of Right to Protest. Owner agrees to participate in and waive protest of
formation of an LID for the purpose of completing any or all of the Improvements. Owner shall
retain the right to protest the methodology and/or specific amount of any LID assessment.
5. Traffic Impact Fee Credit. Owner shall receive a credit against the assessment
for the Tukwila Urban Access/Klickitat Improvement Project LID for that portion of the traffic
impact fees paid pursuant to Section 8, Paragraph A.a., of the Development Agreement that are
attributable to the Tukwila Urban Access/Klickitat Improvement Project. City agrees to estimate
the percent of the Traffic Impact Fee that is attributable to the Tukwila Urban Access/Klickitat
Improvement Project.
1
5. Power of Attorney to initiate LID. Owner hereby appoints the City as their
attorney -in -fact to act on their behalf for the purpose of executing a petition to initiate an LID as
set forth in RCW 35.43.120. Said power of attorney to execute a petition to initiate an LID
extends only to the LIDs that are the subject of this Agreement.
6. Term. This Agreement shall commence on the first date on which all parties have
executed the Agreement and shall remain in full force and effect for a period of ten (10) years from
that date.
7. Binding Effect. This Agreement touches and concerns the development of the
Property and shall constitute a covenant running with the Property. This Agreement shall be
binding upon and inure to the benefit of the parties and their successors, heirs, assigns, and personal
representatives.
8. Annlicable Law. This Agreement shall be 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.
9. Attorneys' Fees. In the event that any suit or other proceeding is instituted by any
party(ies) 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, "Proceeding and appeals and collateral actions relative to such a suit or Proceeding,
the substantially prevailing party(ies) as determined by the court or in the Proceeding shall be
entitled to recover its reasonable attorneys' fees and all costs and expenses incurred relative to such
suit or Proceeding from the substantially nonprevailing party(ies), in addition to such other relief as
may be awarded.
10. Entire Agreement. This Agreement contains the entire agreement between the
parties with respect to this matter. It may not be modified except in a writing signed by all parties
against whom enforcement of the modification is sought.
11. Waiver. The waiver by a party of a breach of any provision of this Agreement by
another 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.
12. Severabilitv. 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.
office.
13. Recording. The City shall record this Agreement with the King County Auditor's
2-
14. Authority to Execute. The persons executing this Agreement on behalf of the
Owner, and the City represent and warrant that they have the respective power and authority, and
are duly authorized to execute and bind their respective entities to the terms of this Agreement.
CITY OF TUKWILA: OWNER:
Date: 0 2 t C l Date: 12 0
ATTEST:
By r N By: I c -4,34/
u
Its: r,s-
Its: /14/4
e Cantu, City Clerk
Date:
By:
Its:
APPROVED AS TO FORM:
City Attorney_
PROPERTIES, LC -SS:
1 40T NPPLt
STATE OF WASHINGTON
ss:
COUNTY OF KING
i
On this 2 2 day of r)eei r' 2006, before me personally appeared
Steve Mullet, known to me to be the Mayor of the City of Tukwila, a Washington municipal
corporation that executed the within and foregoing instrument, and acknowledged the said
instrument 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 he was authorized to execute said instrument.
-3-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
m
.s
I O,,TZ OF w
STATE OF WAgi GTON
ss:
COUNTY OF KING
Da.t'1c A- rvlbeK1
Printed Name: 1 A NI A A YYl bee --r
NOTARY PUBLIC in and for the State of
Washington
Residing at: I tti ±u3 l. a�
My commission expires: 12- q D7
On this i 1 day of P- 20C4 before me personally appeared
vu.at.l'w6'i .t, k )4T o� the a
corpoPation that executed the "within and 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 that he was authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
0, ols 4044
iS Q
ip ;1
STATE OF WASHINGTON
ss:
COUNTY OF KING
On this
day of
the
Printed Name: c -a- E 1--wvi 6k.
NOTARY PUBLIC in and for the
Washington
Residing at: t� 1
My commission expires: -Rif /117
4-
r
State of
N APPLi
before me personall appeared
,a
corporation that executed tl3e within and foregoing instrument, and
acknowle ed the said instrument to be the free d voluntary act and )l�d of said corporation,
DEVELOPER'S PARCEL
588'00'36 "E v
to
ILI 213.12'
M c0
CO C D.
j 18
80.4 ROW 24
o N86'59'
z (1 1 135.7
R i 17 39'
R= 34.50' t S51'59 24 W
L= 40.9
CF-67 I a
R= 34.50'
L= 29.87'
X4935'53"
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i
1
DEVELOPER'S PARCEL
EXHIBIT 1
SUBJECT PROPERTY
•85 E
52.03' 20.13' 70.13'
588'00'36 E
S37'55'27"E
1267.66'
588'00'36 E
357.00'
Minkler Boulevard
648.40'
588'00'36 "E
KOHL'S PARCEL
0
L') 1")
CO
N rj N88
ROW
24.50'
EXHIBIT 2
SUBJECT PROPERTY LEGAL DESCRIPTION
DEVELOPER'S PARCEL AND KOHL'S PARCEL
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 26;
THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE SOUTH 01 °12'25" WEST ALONG SAID EAST LINE 657.29 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A
THENCE CONTINUING SOUTH 01 °12'25" WEST 24.50 TO THE POINT OF
BEGINNING;
THENCE NORTH 88 °00'36" WEST 70.13 FEET;
THENCE SOUTH 85 °29'26" WEST 72.16 FEET;
THENCE SOUTH 86 °59'24" WEST 135.75 FEET;
THENCE NORTH 88 °00'36" WEST 152.79 FEET;
THENCE SOUTH 81 °59'24" WEST 174.39 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A
CENTRAL ANGLE OF 49 °36'53
THENCE SOUTHWESTERLY ALONG SAID CURVE AN. ARC LENGTH OF 29:87 FEET
TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY;
THENCE SOUTH 01 °08'35" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN
534.72 FEET;
THENCE SOUTH 87 °55'27" EAST 1267.66 FEET;
THENCE NORTH 01 °49'10" EAST 603.37 FEET;
THENCE NORTH 88 °00'36" WEST 648.40 FEET
TO THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 26;
COMMENCING AT AFOREMENTIONED POINT "A!';
THENCE NORTH 88 °00'36" WEST 413.26 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 81 °59'24" WEST 180.41 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A
CENTRAL ANGLE OF 67 °55'15
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET
TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY;
THENCE NORTH .01 °08'35" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN
15.86 FEET;
746 E I of-
THENCE SOUTH 88 °00'36" EAST 213.12 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 756,907 FEET, OR 17.3762 ACRES MORE OR LESS.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON.
S
7 7a 7
WIG PROPERTIES
NEW RETAIL SITE
JOHANN G. WASSERMANN, P.L.S.
BRH JOB NO. 95254.08
JULY 13, 2006
BUSH, ROED HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323 -4144
LEGAL DESCRIPTION
DEVELOPER'S PARCEL
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 26;
THENCE NORTH 88 0 05 1 42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF, 2678.68 FEET TO THE EAST LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE SOUTH 01 0 12 1 25" WEST ALONG SAID EAST LINE 657.29 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT A
THENCE CONTINUING SOUTH 01 0 12 1 25" WEST 24.50;
THENCE NORTH 88 0 00 1 36" WEST 70.13 FEET;
THENCE SOUTH 85 0 29 1 26" WEST 20.13 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 85 0 29'26" WEST 52.03 FEET;
THENCE SOUTH 86 0 59 1 24" WEST 135.75 FEET;
THENCE NORTH 88 0 00 1 36" WEST 152.79 FEET;
THENCE SOUTH 81 0 59 1 24" WEST 174.39 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 34.50 FEET, AND A
CENTRAL ANGLE OF 49
THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 29.87 FEET
TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY;
THENCE SOUTH 01 0 08 1 35" WEST ALONG SAID EAST RIGHT -OF -WAY MARGIN
534.72 FEET;
THENCE SOUTH 87 0 55 1 27" EAST 1267.66 FEET;
THENCE NORTH 01 0 49 1 10" EAST 259.20 FEET;
THENCE NORTH 88 0 00 1 36" WEST 382.55 FEET;
THENCE SOUTH 01 0 59 1 24" WEST 13.83 FEET;
THENCE NORTH 88 0 00 1 36" WEST 357.00 FEET;
THENCE NORTH 01 EAST 355.72 FEET TO THE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 26;
COMMENCING AT AFOREMENTIONED POINT A
THENCE NORTH 88 0 00 1 36" WEST 413.26 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 81 0 59 1 24" WEST 180.41 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 34.50 FEET AND A
CENTRAL ANGLE OF 67 0 55 1 15
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC LENGTH OF 40.90 FEET
TO THE EAST RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY;
74ft 3 of 5
THENCE NORTH 01 °08'35" EAST ALONG SAID EAST RIGHT -OF -WAY MARGIN
15.86 FEET;
THENCE SOUTH 88 °00'36" EAST 213.12 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 497,638 FEET, OR 11.4242 ACRES MORE OR LESS.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON.
PA8 4 oe5
WIG PROPERTIES
NEW RETAIL SITE
JOHANN G. WASSERMANN, P.L.S.
BRH JOB NO. 95254.08
JULY 13, 2006
BUSH, ROED HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323 -4144
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 26;
THENCE NORTH 88 °05'42" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER, A DISTANCE OF 2678.68 FEET TO THE EAST LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER;
THENCE SOUTH 01 °12'25" WEST ALONG SAID EAST LINE 657.29 FEET;
THENCE CONTINUING SOUTH 01 °12'25" WEST 24.50 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 88 °00'36" EAST 648.40 FEET;
THENCE SOUTH 01°49'10" WEST 344.17 FEET;
THENCE NORTH 88 °00'36" WEST 382.55 FEET;
THENCE SOUTH 01 °59'24" WEST 13.83 FEET;
THENCE NORTH 88 °00'36" WEST 357.00 FEET;
THENCE NORTH 01 °59'24" EAST 355.72 FEET;
THENCE NORTH 85 °29'26" EAST 20.13 FEET;
THENCE SOUTH 88 °00'36" EAST 70.13 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 259,269 SQUARE FEET, OR 5.9520 ACRES, MORE OR
LESS.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON.
h]W R.E912 -2.13- h
f#& 5
LEGAL DESCRIPTION
KOHL'S PARCEL
WIG PROPERTIES
NEW RETAIL SITE
JOHANN G. WASSERMANN, P.L.S.
BRH JOB NO. 95254.08
JULY 13, 2006
BUSH, ROED HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323 -4144
PROPOSED
NEW PL X. PL
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4.5' 1 1
l
4.5 6.5' EX.
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CON CRETE J �.4
SIDEWAY CONC. CURB
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EXHIBIT C>RpSS SECTION
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EXISTING SIDEWALK
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CONC. GUTTER
6'
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EXTR
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Tukwila Pond Park
Schematic Site Plan
Off -Site Wetland Mitigation
Exhibit 6
Strander Blvd
Mitigation
Area
N
A