HomeMy WebLinkAbout1990 - Developer's Agreement - Dayton Hudson Corporation / City of Tukwila - 90103105289010310528 FILED for Record p tjjquest of
A -c
game G� #r= +y r.
Address r 00
DEVELOPER AGREEMENT
r
THIS AGREEMENT is made and entered into on
/6 1990, between the City of Tukwila,
a in ton municipal corporation (hereinafter referred to
as "the City .and Dayton Hudson.. Corporation, a�.Minnesota
corporation (the "Owner).
WITNESSETH
WHEREAS, the Owner is the owner of certain real
property located generally at the intersection of Strander
Boulevard and Andover Park West, legally described as Lot 1 of Lot
Line Adjustment Number 88 -6 -BLA Tukwila Pond, recorded under Auditor's
File No. 8906011033 King County, Washington, and
WHEREAS, the Owner has applied for approval of a
building permit for the development of a retail building to
be located on the property, and
WHEREAS, the development of said property will create
traffic impacts which will necessitate the granting of
rights -of -way for certain roadways and sidewalk
improvements.
Cc NOW THEREFORE, IN CONSIDERATION of the mutual benefits
CV
Ln and conditions hereinafter contained, the parties hereto
_0 agree as follows:
Q 1. Responsibilities of Owner.
A. Dedication of Right -Of -Way for New Right Turn Lane
in Strander Boulevard, and Easements for Sidewalk
and Utilities Relocations.
The Owner shall provide, at the Owner's sole cost and
expense a right -of -way dedication on the north side of
property for a 5.9 foot strip of land for roadway and
utility purposes. This dedication shall be for the purpose
of providing a right turn lane. In addition, an easement
will be granted for curb /gutter, sidewalk, access and
utilities relocations along Strander Boulevard.
The property owner will be credited for the right -of-
way provided for the future LID along Strander Boulevard.
B. No- Protest Agreement to the Formation of a Future
LID for Future Roadway Expansion of Strander
Boulevard.
i ;FG"' ter• h r
CJ
1
244.51'
�a 15'R
L �C l
Hc -•..Y_ p Tom 'S �T c
4 Q O C'_'J8_E 4' WIDE c
t.CW PArMT
W•`• v STRIPES 15C' 9.. a
RAMP ti C O� CN4 I Di O C
k c 15'
BUILDING
"C"
X10' 10' 1 l3" G" WIPF WH FAINT
4,500 of
c 3 o'RiR� i 1Cr5' t -E *P z
CvERI -!Atv 7 c c 1�...� ,ri v:l
c c c c c c c c
c
c c c c c c
1306.70'
-�wk C BAGX.�E —i' �P 1
L-- NORTH A9f
SIN A TION
T
der Boulevard,
EkS TiN 3
W U.jy °ROPER Y _dvE
+Ar tia` NEW PYLON IDEN TiFICA T iON
SIGN, DESIGN BY 0THC_R_�
SEE SHEET r4 -6 FOR CONSTRUC "ION xIs r LL �R
DETAILS. WORK IN THIS AREA TO BE E
CCMP�_ETED BY OTHERS. MA
F MF. M
.iNF- CC., r .C. PDX
,35 74r- -EA37
C_ T. (F(' F H :F Flf E :S
1 1L. TS HIS rRC
wir.. TIM CF
ALL WORk IN
IRECTION OF OL"MPIC
TIVES.
LEGAL DESCRIPTION j
!tie Southwest- quarter of the Northeast quarter of Section 26, Township 2',
Ran}%(- 4 F,rist, W.M. in Fang County Washington:
F;XCI-i'T the Nortli 30 1oet. �i�td the East 30 feet thereof conveyed to tht City of
Tu by dceIrts recorded 111ldcr Auditor' s Pi le Nos. 574814 and 7402080363.
Owner acknowledges that the Owner's development will
have a cumulative impact on the transportation system in the
area of the Owner's property and that Owner's property would
be specifically benefitted by improvements to such
facilities. Owner agrees to participate in any local
improvement district—which is formed for the purpose of
roadway improvements in Strander Boulevard and hereby waives
the right to protest the formation of any such LID, provided
that Owner retains the right to contest the method of
calculating assessments in such LID and the amount thereof
to believed against Owner's subject property, and other
property owned by Owner which would be within such LID.
2. Non Waiver Extensions. Failure of either party to
insist on the strict performance of any of the terms of this
Agreement shall not be construed as a wavier or
relinquishment of that party's right thereafter to strictly
enforce any such term, but the same shall continue in full
force and effect.
3. Bindina Effect. This Agreement shall be binding upon
the parties, their respective heirs, legal representatives,
cc assignees, transferees and successors.
0 4. Recordinq. This Agreement shall be recorded with the
King County Auditor as required by Chapter 35.91 RCW and the
j cost of said recording shall be paid by Owner.
O
C=) 5. Attornevs' Fees. In the event that either party shall
Q-; commence litigation against the other in order to enforce
any term or condition of this Agreement, the prevailing
party in such- litigation shall be entitled to recover its
costs, including reasonable attorneys' fees.
6. Entire Aareement. This Agreement contains the entire
understanding between the parties hereto, and no other
agreement, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of
the parties hereto or to have any other force or effect.
DATED this o day of 1990.
CITY OF TUKWILA OWNER:
DAYTO aSON CORP O O
By
WILUAM E. HARDER
VICE PRESIDENT
2
ATTEST /AUTHENTICATED
By:
APPROVED AS TO FORM:
OFFICE OF THE_CITY ATTORNEY
By:
STATE OF WASHINGT N
ss.
COUNTY OF K I N G
I certify that I know or have satisfactory evidence
that Gary L. Van Dusen and Jane Cantu are the persons
who appeared before me, and said persons acknowledged that
they signed this instrument, on oath stated that they were
authorized to execute the instrument and acknowledge it as
the Mayor and City Clerk of the City of Tukwila to be the
free and voluntary act of such corporation for the uses and
purposes mentioned in the instrument.
16, 19 5 0
O Q
:0 N
w I Y PUBLIC in and for the tate
C=) �^pUa 4 of Washington, residing a
O o��``�9• ^.r�. 0 My appointment expires _3-
CT
STAFiki vd�5
jiNESOTA
ss.
COUNTY OF HENNEPIN
I certify �t�}}i�at I know or have satisfactory evidence
that Hcwol2` is the person who appeared
before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute
the instrument and acknowledge it as the o Genf of
Dayton- Hudson Corporation-to be the free and voluntary act
of such corporation for the uses and purposes mentioned in
the instrument.
Dated: UA,ti Z, `19a
NGTk;�Y f��IG— t::C.l,oOTA
NcNNEPiN COUNTY
My Comm. Expires Dec 15, 1994 NOTARY PUBLIC
My appointment expires /a• 9f/
kjf /4- 20dayt
3