HomeMy WebLinkAbout1994 - Developer's Agreement - McLeod Development Company - 9404131437 9404131437 94-063
DEVELOPER'S AGREEMENT
THIS AGREEMENT is made and entered into on
between the City of Tukwila, a Washington municipal corporation
(hereinafter referred to as "City "), and McLeod Development
Company (hereinafter referred to as "Owner ").
WITNESSETH
WHEREAS Owner owns and /or leases certain real property in
the City, which is legally described in Exhibit A, and
hereinafter referred to collectively as the "Property" and is
generally located between Burlington Northern Railroad (''BNRR ")
and Union Pacific Railroad ( "UFRR ") tracks, from approximately
760 feet south of the proposed extension of the centerline of
Stran.der Boulevard. then north to 1405; and consisting of the
portion of the Puget Sound Power & Light ( "PSP &L ") right -of -way
generally situated between 1405 and South 158th Street and the
portion of the PSP&L right -of -way generally situated between the
Embassy Suites parking lot and approximately 250 feet south of
the proposed centerline of Strander Boulevard; and
WHEREAS, Owner :made application to the City for SEPA Review,
received a Mitigated Determination of Nonsignificance and Board
of Architectural Review approval for Land .Development and
Building Construction Permit for an exhibition center on the
Property (hereinafter referred to as "Northwest Expo Center");
and
WHEREAS, the resulting change in potential use of the
Property will create associated impacts and create certain
benefits for the City and Region; and
WHEREAS, the development of the Property will necessitate
extensions of City sewer and water lines; and
WHEREAS, the development of the Property will require
additional public storm drainage systems to accommodate
development drainage and improve the existing drainage system
serving this City storm drainage basin; and
WHEREAS, the development of the Property will create a need
for vehicular access from West Valley Highway via Strander
Boulevard and South 158th Street, and additional future public
right -of -way; and
WHEREAS. the development of the Property will create an
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(r') increase of vehicular traffic on Tukwila and adjoining City of
Renton .public right -of -way;
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C p NOW, THEREFORE, in consideration of the mutual benefits and
Q� conditions hereinafter contained, the parties hereto agree as
follows:
1. RESPONSIBILITIES OF OWNER
1.1 SEPA Mitiaatign.Regazre-ments-
As a part of the development of the Northwest Expo Center on the
Property, the Owner agrees to provide the SEPA mitigation
requirements through conditions of this Developer's Agreement or
as shown on the final approved development plans. All
construction shall meet City standards, other mitigation or SEPA
issues required l;y the modified mitigated determination of non
sig:n:ificance dated October 1991.
1 12 Site Storm Urair�aY �.v.stem
The Owner acknowledges that the proposed development will
P have an
lrripact on the stori, Water facilities in the area of the Prop
The Owner acknowledges further that this Property will be
benefitted from the installation of a 48 inch diameter outfall
from the Nelsen- Longacres Drainage Basin "Basin which will be
constructed through the embankment beneath the BNRR tracks and
Provide a connection between the system shown on the Northwest
Expo Center plans (KCM 'Nelsen LOngacres Drainage plan) and the
line as shown n :,}feet 1C1 of the. Customer Service and Training
Center Site Development, Southwest 16th Street Improvement, 48
inch ,storm West of Southwest 16th Street, plans dated October
1992, on the Boeing property in the City of Renton.
1.3 Drainawe_Easements
The Nelsen 'Storm Drainage Basin shall drain to the 48
inch diameter BNRR under- crossing and through the Southwest 16th
ti Street line to the P -1 interceptor channel. Drainage easements
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�t connecting from South 158th Street to the westerly boundary of
the BNRR railroad undercrossing, where the 48 inch diameter
.d- outfall crosses beneath the BNRR, and further north to the I405
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Ki right-of-way from the BNRR under crossing will be needed. The
Owner shall dedicate an easement for drainage across the Property
from South,158th Street to the 48 inch outfall, to the BNRR
undercrossing and an easement from the 48 inch outfall
undercrossing north to !405, as shown in .Exhibit B.
The Owner shall prepare an easement from BNRR, and the City Slyall
obtain an easement from BNRR, for routing the.. 48 inch storm 1.iue
and casing beneath the BNRR.
The City acknowledges that the dedication of the easements on
:11wner's property is for storm drainage and benefits the entire
Pa.sin drainage system, inc.JJ).ding (Dwner's property. The value of
the Owner's easements small be allowed as a credit to the
as sessments as: Levied against the- Property in related LID
Agreements. The credit amount shall be at one -half the appraised
value of fee simple property within the dedicated easement. If
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no LID is formed, the Owner shall be provided a Latecomer Payment
Agreement.
.4 Site lervlc-e
Sewer to serve the Fri will be constructed by the Owner at
Owner's expense to meet City standards connecting into the City
uU on the -5' 4- hwe-sft corner f !Farcel 2 in Exhibit A.
1.5 Site Water Service
The recognizes the need to provide City water service to
the 1 A 12 inch water line will be constructed providing
a loop between the existing Seattle Water Department tap and the
West Valley 12 inch water line. This water facility shall be
ti constructed at the Owner's expense and dedicated to the City
pursuant to a City Standard Utility Extension Agreement, The
water loop system shall mitigate the difference in pressures
between the systems.
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1.6 Water and Sewer Easements
Water and sewer easements shall be provided by Owner along the
western edge of the property northerly to the extension of South
158tT. Street Longacres Acces.s Easement) and westerly in the
Longacre-s easement to the east end of the South 158t.11 ;Street.
rightojf-wa,v. The Owner shall pa.y f or easements for the
extension of the water line and other utilities toserve Property
across the PSP&L, the UFRR and City of Seattle (CRF #4) right-of-
ways. The City shall actively pursue the issuing of easement
permits to install the City water line and other utilities
following aPPlic by Owner. See water and utility easement
map Exhi bit. (7.
ac'knuwlledzes that the prop c')sed development will have an
impact on the water facilities in the area the Property.
r.wner !:j.ckn(DWle(J9t_-8 further that this Froperty will be beneffitted
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by connection to these water facilities which provide new service
to the Property.
1.7 Transportation Impacts City of Tukwila
Owner acknowledges that the development of the Property will
create additional vehicle traffic in the City. The Owner agrees
to contribute a 51.M not to exceed $343,853.00 for the
construction of transportation improvements to mitigate its
traffic impacts. `I'Ilese moneys shall pay for off -site
intersection improvements within 200 feet of the intersections,
except 1.7 (a), as identified in the SEPA document and as
follows:
a. Interurban Avenue /Grady /405 $185,000.00
b. West Valley /S. 156th Street 43,000.00
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C. West Valley /S. 158th Street 47.000.00
M d. West Valley /Strander Boulevard 30,000.00
•d- e. West Malley /S. 180th Street 38,853.00
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One -half of these off -site traffic and road mitigation
contributions will be paid to the City at the time of issuance of
the Building Permit for the Northwest Expo Center. The other
half will be paid at the time of, and is a condition to issuance
of the facility's Certificate of Occupancy. Amounts deposited,
plus interest received by the City, shah be refunded to the
Owner within six years of issuance of Building Permit if
improv ements to correct identified impacts are not constructed.
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i 9 Transportation _Impacts City of
The Owner acknowledges that the development of the Property will
create increases, in City of Renton transportation needs due Lo
additional vehicle trafi.c identified in the SE document. The
Owner agrees to _ontr..ibute an additional .`uIT, not to exceed
$187 ,122.00 for the con- structi.on of tranS improvements
to mitiR:at i traf impac in Re These moneys shall
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pay for either capacity or intersection improvements as follows:
a. 180th Street $162.729.00
b. Grady Way 24,393.00
The transportation impact mitigation fees shall be used
specifically for tranSrjorta improvements on the routes
listed. One- .alf of the _off site road mitigation contribution
will be Paid to the City of Renton at the time of issuance of the
Building Permit- for the Northwest Expo Center. The other half
will be paid a'(-. the time of issuance of, and is a condition to,
the facility's Certifirate of Occupancy.
If the City of Renton Valley Transportation Plan update occurs
after the issuance of the Building Permit or Certificate of
Occupancy and the calculation of impacts is less than set forth
above, any difference shall be refunded to Owner. Under no
circumstances shall the Renton mitigation contribution by the
M Owner be increased. The total amount deposited plus interest
C:D received by Renton for the South 180th Street improvements or
Grady Way improvements or both shall be refunded to Owner within
.six years of issuance of the Bu. Permit, if either or
both of the improvements are not constructed.
1.17 Sc-ul- h 158th treet improvements to Public "tandards
The Owner acknowledges that the development of the Property
pursuant to the Permits will create 'transportation safety and
capacity needs on .3outl i 158th Street to serve the site. The
Owner agrees to improve South 158th Sitreet between West Valley
Road and Nelsen Place as shown on Plans for Street Improvement,
;.Douth 158th 181 to Nelsen Avenue) October, 1986,
prc_ivided by City, those improvements made. by
Embassy S_)uites. The ,ID47,000.00 allocated in Item 1.7 shall be
applied to Find utsed for these improvement- If costs are more
than the $4 7 ,Q()j j' i
),,j allocated. Owner will pay the additional
S t The Owner also agrees to improve the Longacres Access
easement from Nelsen Place to the Northwest Expo Center (whose
beginning is the easterly boundary of the PSP &L) to City Street
Standards.
The Owner agrees to complete these South 158th Street road
improvements prior to, and is a condition of the issuance of the
facility's Certificate of Occupancy.
1.11
Transpo Impact_s._- Pedestrian
Owner acknowledges that the development of the Property will
create increases in transportation need for pedestrian -traffic
improvements. The Owner agrees to construct a 15 foot wide trail
section, whose width may be adjusted at power pole locations,
within the PSP &L right-of-way on a mutually agreed upon location.
The limits of the trail section shall be in that PSF &L right -of-
C' way north of a line approximately 250' south of the proposed
pct°
centerline of the Strander Boulevard extension and south of I405
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on which the Owner has previously obtained lease agreements.
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Q� The Interurban Trail design on the PSF &L 15 foot right-of-way
shall be accomplished by the City and. plans and details furnished
to the Owner as needed. The trail shall be built in accordance
with design, furnished by the City or the City may charge the
Owner for all construction expenses, including administrative
costs and overhead, to bring the trail into conformity with City
desia
The construction of the Interurban Trail shall occur with the
construction of the Parking areas to be constructed on the FS P&L
r iL.j igh -of --way. C;ol'=iet.ion of the Interurban Trail shall occur
prior to the is: }ua ,ce of and is a canditi.on of the Certificate
of Occupancy.
'Y 1.12 Strander Boulevard Improvements to Public Standards
Owner acknowledges that the development of the Property will
create transportation safety and capacity needs on Strander
Boulevard to serve the sit--. The Owner agrees to improve
Strander Boulevard between West Valley Road and the FSP&L right-
of-way to City standards, excluding improvements made by Taco
Bell. The $30,00().00 :i.110cated in Item 1.7 (d1 shall be applied
to and used for these improvements. If costs are more than the
$30,000,00 allo(_:�)ted. ".-Jwner will pay the additional costs.
The Owner shall extend 'Strander Boulevard as a private road from
the eastern terminus of Strander Boulevard right-of-way to the
western edge of the Fro7r)erty as described in Exhibit A. Strander
ti Boulevard access to the Property shall include an at-grade
Cam) crossing of both the FSP&L and UPRR right-of-ways. The road will
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M have 2 eleven foot lanes with curb and 6 foot sidewalk on the
north. 3 foot shoulder On the south, and an at-grade crossing as
CD installed by UPRR. The private -street, sidewalk., necessary
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utilities, railroad crossing, and miscellaneous improvements at
Strander Boulevard over FSP&L and UPRR will be at Owner's Sole
expense. The k Will design the private road, sidewalk, and
utilities extensions to applicable r,i4-y standards, except 0�. UFRI'l
p roperty. An executed agreement for crossing the UPRR will
sutDriaitted to City prior to Lsssuance of the Building Permit f(I
the Northwest Expo Center. The City will obtain a Deed or Owner
will obtain an easement for property crossing FSP&L. The. Owner
shall be responsible for the purc-hase of ri.�ZhtDf frc
The Strander Boulevard eas or permits
-hall
I be COIISidered a aaccess to the facility.
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L.1" F 11 sander Boulevard Public Roadway Extension
The Owner acknowledges the intent of the City to create a through
c th f
_itreet by extendint:-� Boulevard to th western boundary 0_
Ci-ty of Renton. A 60 foot, right-of-way has been reserved for
the public street. The- Owner agrees not, the protest the-
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extension of Strander Boulevard and further agrees to sell the
reserved 60 foot right-of-way for $1.82 per square foot as a
condition of a re -zone.
Any Purchase of ;:eight -of -ways which accur as a part of the
private road access ;'Item 1.12) shall apply as a dollar -for-
dollar credit to any future LID to extend Strander Boulevard.
1.14 Future Even
The Owner agrees to work with the City on an on-going basis, as
described in this s to mitigate through operating measures,
any unanticipated traffic safety and capacity impacts resulting
from special. event-, at ;he Property. A Northwest Expo Center
staff/advisor with Professional Traffic Engineering expertise
will work with the City representing the Northwest Expo Center to
t:1 evaluate Problems, determine solutions, and facilitate solution
M i mplementation for regular re-occurring event related traffic in
the vicinity of the Northwest Expo Center site.
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he work is t include necessary coordination with Metro, WS-DOT,
Tukwila 1:1 Washington State Patrol, Tukwila Fire Department,
neighbors and otters involved in particular traffic control and
ac cess plans that will provide mitigation of Northwest Expo
Center traffic impac. safety and capacity of other vehicle and
pedestrian traffic. W(Drk and, solutions may include plans and
:revisions to manual traffic control, special event signing,
special event signa c_)Pera4- jor,
S and iri the
cc witI. e-ffected or Permitting agencies or neighbors
and similar operati measures. This section,
Section 1.14
does not authoriZ-,e n---.w fees f or intersection w r k 0.r
C onstruction.
Mitigation C"blip
I.ne Work and all cAher obi. t I-) e
T) r f D -.-me d by Own e.- i.i. nd e r this Ag reement c o n s t t La t e .O wner' s f u ll
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SEPA and other code mitigation requirements for the utilities-,
streets and other infrastructure covered in this Agreement for
development of the Property as the Northwest Expo Center.
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RESPONSIBILITIES OF CITY
2, 1 Benefited Area and Ass Facllities
The City acknowledges water line extensions and storm drain
easements and
improvements, including regional detention/
biofiltration WtiiCtl -iill be constructed by Owner, will directly
benefit other prc_ in the Nelsen Place Basin not
owned by the Owner and which cannot be legally described until
the extent of the improvements has been determined. Pursuant to
RCW Chapter 35.91, or other applicable law,, the Owner agrees to
develop and the City agrees to approve and adopt, with any
appropriate changes. a Latecomer's Agreement. The Latecomer's
Agreement shall be designed to reimburse Owner for its costs on a
pro rata basis and to assess any other owner or developer of real
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qq:t estate who will use the water and drainage improvements, The
M Agreeme-rit is to be drafted by the Owner, modified, if
qqd- C::D appropriate, and approved by the City at the time the facilities
are turned over to the City for City review and approval. The
Pro rata share for any one parcel of real estate contained within
the benefited area shall be proposed by the -Owner subject to
approval by the City. The pro rata share for each parcel shall
be shown on exhibits to be attached to the Latecomer's Agreement.
The City agrees to pay Owner all sums Collected, if any. pursuant
to the Latecomer's Agreei within sixty (60) days after rec-el P
therec-)f. Reasoria"•le CoStS administerin.iz the A�re_-I shall
be charged to c_ properties. Payments shall. be made until t1ne
total of said payments equals t cost of cjl:jnst.-ucti.'Ig the
facility less Owner'_- pro rata share, or fifteen year-, from the
date of the Agreement. whichever occurs first.
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2.2 Nelsen Place_ Improvements
The City shall fund the installation of cure gutter, and adjust
storm drainage and in -fill paving on the easterly street section
of Nelsen Place between South 158th Street and South 136th
Street. If the Owner installs the improvements pursuant to a
City request, the City shall make payment within 30 days
following completion of work.
2.3 St_rander_ Boulevard Union Pacific F�ailrgad
Undercrossina
The City acknowledges the benefit to have a UPRR undercrossing
proJect completed as a part of the larger effort to connect
Str_ander Boulevard from West Valley Road to Southwest 27th Street
in Renton.
CY'3 The City has selected the rout ti
routing of )trander Boulevard extension
by reserving a route across the Northwest Expo Center property.
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Q� The City can farm LID's for roads and utilities servicing
properties within the City, and the City agrees to form a
trander Boule� rd UFRR Undercrassing LID in ether of the
following .:irc- umstances
a. Termination by UPRR
The City reco gnizes that the _:trander Boulevard access to the
Northwest Exhibition Facility is a private, at grade railroad
crossing which may be terminated by the UPRR.
If the at- .grade UPRR crossing agreement is terminated at any time
after t Northwest Expo C enter begi or has been
p n �r .:c.n .tr�_i.ctior� ri�
completed, tt1t� Clty a.aree1 t farm .a Phase One Strander
:ulevard -UPRR Grr,.de .;e paratior. LID. Phase One LTD
shall be.
formed in a tirn: i;j manner tv construc a minimum 2 lane
and.ercrossi.ng The Owner agrees not protest the formation cf
the LIE).
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b. Traffic Conflicts
If in the operation of the Northwest Expo Center there appears to
be safety, traffic, ingress /egress conflicts, or other impacts
judged to be reasonable by the City, which might be better
resolved.with a Strander Boulevard UPRR undercrossing, the Owner
and City may mutually agree to form a Phase One LID, with a
petition from Owner.
"Phase One" LID means an undercrossing of UPRR of a two lane
street with a minimum 13' -6" clearance. When forming any Phase
One LID, the City will contribute to the LID a preliminary
engineering design report, purchase of the right -of -ways, bridge
and road design, specifications, estimates, permits, and a
contribution not to exceed $300,000.00 towards construction cost.
"W* Construction cost occurring greater than the aforementioned
contribution will be secured through the formation of the LID.
lazt' The City agrees to work with the Owner or Owner's representative
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during the design and construction to minimize disruption and
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confirm that the interest of both parties are met as far as
possible. The City will place the Strander Boulevard -UPRR
project on its Six Year CIP, and a design report for the entire
Strander Boulevard Extension will be programmed for 1996, subject
to adoption by the City Council. The City shall begin the
Strander Boulevard Extension Design Report prior to the the
formation of any LID.
Owner retains its rights under law to contest the amount of the
assessment allocated to the Property but Owner expressly waives
any rights to protest formation of the Phase One LID.
There is presently, and will be needed in the future, an at -grade
crossing of the UPRR for over height vehicles to service the
existing utilities between the BNRR and the UPRR as well as to
allow access to the Northwest Expo Center for over height loads.
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The City agrees to incorporate in the Strander Boulevard
extension Design Report alternatives for a continuous at -grade
crossing at a mutually agreeable location, as reviewed by UPRR,
PSP &L, Metro, Olymic Pipeline, City and Northwest Expo Center.
2.4 48 Inch Diameter Storm Drainaece Outfall
The City acknowledges the need for design and construction of a
48 inch diameter storm drainage outfall line from the Nelsen
Longacres storm basin, beneath the BNRR track, and connecting to
a catch basin on the Boeing Longacres project (Southwest 16th
Street). To accomplish the installation of the 48 inch outfall
and control structure, the City agrees to have the Northwest Expo
ti Center design and install the outfall to the Boeing Project 48
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inch terminus, as a part of the overall Northwest Expo Center
Project, with a reimbursement for actual cost not to exceed
$300,000.00 from the City within 30 days after the actual cost
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"Rd billing for design and construction is recieved by the City.
CT.
A permit to install the 48 inch culvert beneath the BNRR will be
prepared by the Owner and obtained by the City. The City shall
arrange for easements and access to work on Boeing property.
3. NON- WAIVER EXTENSIONS
Failure of either party to insist on the strict performance of
the terms of this Agreement shall not be construed as a waiver or
relinquishment of that party's right thereafter to strictly
enforce any such term, but the same shall continue in full force
and effect.
4. BINDING EFFECT
This Agreement shall be binding upon the parties, their
respective heirs, legal representatives, assignees, transferees
and successors. This Agreement runs with the land, but this
Agreement shall terminate automatically if Owner does not develop
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(or abandons development of) the Property as an exhibition center
Owner shall be entitled to receive Latecomer payments as stated
in Section 2. This Agreement may only be amended by written
agreement of the parties. Each party warrants that it ha the
authority to enter this Agreement.
R ECORDING
This Agreement shall be recorded with King County and cost of
said recording shall be paid by the {Owner.
6. ATTORNEY FEE'
in the event that either party shall commence litigation against
the other in order to enfor- _Ie any term or condition of this
Agreement, the prevailing party in such litigation shall be
entitled to recover its casts, including reasonable attorney
M fees.
M_ 7, EFFECTIVE DATE
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The responsibilities of the Owner under this Agreement are
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contingent upon the issuance of the requested approvals for the
_.!:�'roiect. No oblir;ation. will arise until the issuance of sucil
approvals and Owner's decision to start construction of the
Northwest Expo Center on the Property. If Owner elects to
proceed with any of the improvements set forth herein before the
issuance of such approvals and after installation of the
improvements elects to abandon its develuamF.:-;.it then, and only.
then will Owner and its successors and assiatiti be entitled to the
benefits related to Latecomer s Au reeatent set fort'; in phis
Agreement provided �t. p nts are pprovrd a nd accepted
suc�. _tn .r ✓en�e e �j acre
by the ;,ity.
c. COOPERATION
The j -.arty ogre' t o :)��_�T��_L Gli i, _•Ci �E�rd i� t impie_men�t
rr� d t 11 t a J' ns
�,��.ement an e,:_ pare�Y snag a ll reasora :�e uc ti
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Necessary to accomplish the purposes of this Agreement.
CITY I F T KWI 4 OWNEP
TITLE Stuart McLeod, esident
G
McLeod Development
By
T E
ATTEST /AU ENT TED: Its
�J ie E. Cantu, City Clerk By
Its
APPROVED AS TO FORM
OFFICE OF THE CITY AT ORNEY:
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STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that there appeared before me persons that I know
or have satisfactory evidence were JOHN W. RANTS and JANE CANTU,
who signed this DEVELOPER'S AGREEMENT, on oath stated that they
are authorized to execute the instrument and acknowledged it as
the Mayor and City Clerk of the City of Tukwila, to be the free
and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED "'Wa -�c/�
ttt/ffgl
0* P, so V, Publ rcin and for the State
tom. G.••' o Washington, residing at
•'Cf
NOTARY
t�'� PU8 My Commission Expires-91�' r
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O t VA S N �����e
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STATE OF WASHINGTON).
SS
COUNTY OF KING
h�
On this day of c-. y 19 before me, the
undersigned, a Notary Public in and fo'� State of Was ington,.
duly commissioned and sworn, personally appeared t
WA-r�4 to me known to be the President of McLeod
Development, a Washington corporation that executed.the 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 is
authorized to execute said instrument and that the seal affixed
(if any) is the corporate seal of said corporation.
WITNESS MY HAND AND OFFICIAL SEAL heret aff' the day
and year in the certificate above -writ n.
OFFICIAL NOTARY SEAL NOTARY PUBLId in and for the
DONALD LMILES State Of ,V�ashington, residing
Notary pudic at 2Aj U e-
STATE OF WASHINGTON My commission expires f�uc, t'S�-S
My Commission Expires AUG 14,1995
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EXHIBIT A Legal Descriptions
Parcel #1
Tax Lot 242304- 9034 -02 4.70 Ac
DESCRIPTION:
That portion of Government Lot 8 in Section 24, T23N, R4E, WM, and
the Henry Meader D.C. No. 46 in said Section 24, described as
follows:
Beginning on the east line of the Chicago Milwaukee and St.
Paul Railway right -of -way 137 feet south of the north line of said
Henry Meader D.C. No. 46;
h— Thence easterly and parallel to said north line of the D.C.
C''
285.54 feet, more or less, to the west line of the Northern Pacific
M Railway right -of -way;
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CD Thence northerly and northwesterly curving to the left along
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07;
said west line of the right -of -way 916 feet, more or less, to the
southerly line of the Renton Junction County Road No. 1139 (South
153rd Street);
Thence south 80 0 49' west along said southerly line of County
Road 80.7 feet, more or less, to the easterly line of said Chicago
Milwaukee and St. Paul Railway right -of -way;
Thence southerly along said line of right -of -way 881 feet,
more or less, to the beginning;
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Together with that portion of vacated South 153rd Street adjoining,
which upon vacation attached to said property by operation of law;
Except portion thereof conveyed to the State of Washington for
Primary State Highway No. 1, Jct. SSH 2 -M to Jct. PSH No. 2 in
Renton, by deed recorded under Recording No. 55077460;
Situated in the City of Tukwila, County of King, State of
Washington.
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Parcel #2
Tax Lot 000580- 0013 -03 9.60 Ac
A permanent easement for access and utilities in the SW 1/4,
Section 23 and the NW 1/4, Section 25, T23N, R4E, WAX, in the City
of Tukwila;
Said easement described as the westerly 22 feet and the easterly 22
feet of the westerly 275 feet between the Seattle Water Department
C.R.P.L. #4 and the access easement from South 158th Street, and
the South 158th Street access easement of the parcel of land
described as:
fY") That portion of Henry Meader Donation Claim No. 46 in Section
d- 24 and 25, T23N, R4E, WM, lying west of the BNRR right -of -way, east
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of the Oregon Washington Railroad and Navigation Company right-of-
way and south of a line 137 feet south of the north line of said
donation claim and north of the City of Seattle Bow Lake pipe line
right -of -way;
Situated in the City of Tukwila, County of King, State of
Washington.
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Parcel 13
Tax Lot 000580 0021 -03 9.15 Ac
DESCRIPTION:
All that portion of Government Lot 11 and all that portion of Henry
Meader Donation Claim No. 46 in the north 1/2 of the northwest 1/4
and that portion of the southeast 1/4 of the northwest 1/4 all
situated in Section 25, T23N, R4E, WM, bounded as follows:
On the west the Chicago, Milwaukee and St. Paul main track
center line as located and constructed, as conveyed by deed
t� recorded under Recording Nos. 453941 and 453943;
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On the east by a line drawn parallel with and distant 50 feet
Cn westerly measured at right angles to BNRR Company's old main line
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CD track center line as now located and constructed;
CT
On the south by a line drawn parallel with and distant 330
feet southerly at right angles to the south line of said Government
Lot 11;
On the north by the south margin of the City of Seattle, by
deed recorded under Recording No. 4131067;
Except that portion thereof, described as follows:
Beginning at a point on the south line of said Donation Claim
and the east margin of the Chicago, Milwaukee, St. Paul and Pacific
Railroad right -of -way;
21
Thence easterly a distance of 120 feet along said south line
of said donation claim;
Thence northeasterly measured at right angles to said south
line a distance of 80 feet;
Thence westerly parallel with said south line to said easterly
margin of said Chicago, Milwaukee, St. Paul and Pacific Railroad
right -of -way;
Thence southerly along said railroad right -of -way to the point
of beginning;
Except all coal and minerals and the right to explore for and
ti
C� mine the same, as conveyed by deeds recorded under King County
C� Recording Nos. 8404050908 and 8404050909;
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Situated in the City of Tukwila, County of King, State of
Washington.
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ADDENDUM No. 1
Contract No. 94 -063
McLeod Development Company Developer's Agreement
As evidenced by their signatures below and in keeping with
Section B. COOPERATION of the Agreement, the parties to Contract
No. 94 -063 do agree to modify Sections 1.7 and 1.9 of the
aforementioned agreement such that all mitigation fees associated
with these sections shall be payable as follows:
1) One half of the fees shall be payable at the start of
construction activity associated with the building
permit; and,
3) One half of the fees shall be payable at the time of
issuance of the certificate of occupancy.
No other terms of provisions of Contract No. 94 -063 shall be
affected by this Addendum and this Addendum shall in no way
impinge or inhibit in any way, the enforcement of all provisions
of the Contract as originally executed.
McLeod Development Company City of Tukwila
Signaturd Date 'Signature Date