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HomeMy WebLinkAbout1980 - Supplement to Environmental Impact Mitigation Agreement - Bestway Motor Freight / City of Tukwila - 8012080690 6 Agreement made this t day of Ai, A% 1980 between Bestway 7 Motor Freight, Inc. (herein after referred to as "Bestway ") and the City 8 of Tukwila, a municipal corporation in the State of Washington (herein - 9 after referred to as "City "). 10 11 12 13 1) Bestway is the owner of the following described property, and desires 14 to construct thereon a truck terminal with ancillary office and shop 15 facilities (hereinafter referred to as "The Project "): 16 "East 20' lot 15, and all of lots 16, 17, 18, 19, 20, and 21 17 of Hillman's Seattle Garden Tracts according to the plat recorded 18 in Volume 11 of Plats, Page 24 in King County, Washington." 19 20 2) On 10 September 1980, an Environmental Impact Mitigation Agreement was 21 recorded under Auditor's File #8090100494 and formalized understanding 22 between Bestway and City as to which mitigating measures shall be imple- 23 mented in conjunction with constructing and operating the project approved 24 under Conditional Use Permit 80 -9 -CUP. '25 26 3) On 17 November 1980, the Tukwila City Council granted a final waiver 27 from the provisions of Ordinance 1137, contingent upon Bestway recording 28 a supplement to theagreementreferrenced in recital #2 regarding noise 29 related to evening hour truck traffic. Supplement To Environmental Impact Mitigation Agreement 3'Y REClfDS ; EC Y 1CNS (EPIC- 133 -80) Recitals 30 31 32 6 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 • Agreement W`Ee. 2 4 19c') Section 1: Upon receipt of at least three (3) complaints from residents or business operators in the Tukwila Community alleging violation of the Tukwila Noise Ordinance # //20 , the Tukwila Planning Department shall investigate the alleged violation. Upon substantiating that such violation is on- going, the Planning Department shall schedule a public hearing before the Planning Commission to consider possible revocation of Conditional Use Permit 80 -9 -CUP. Section 2: BINDING EFFECT AND ASSIGNABILITY This agreement shall extend to, and be binding upon the administrators, assigns, and successors in interest of Bestway, and shall run with the land. Section 3: RECORDATION This agreement shall be recorded by Bestway at its sole expense with the Department of Records and Elections, King County, Washington, prior to issuance by City of any development permits for the project. For Bestway: For City: a2‘4!6? Name Ti t e v2e-f.,/-‘041C Date:/2 - jD Mayor, City of Tukwila Date : /I-o.-J,