HomeMy WebLinkAboutCOW 2011-07-25 Item 4B - Ordinance - Development Agreement on Vacant Parcel at Fort Dent Way / Interurban Avenue SouthCO UNcm AGENDA
SYNOPSIS
Initials
ITEM NO.
Meeting Date Prepared by Mr`T viet� Council review
7/25/11 SK
8/01/11 SK
ITEM INFORMATION
CAS NUMBER: 11 -n79 STAFF SPONSOR: SHELLEY KERSLAKE /BOB GIBERSON I ORIGINAL AGENDA DATE: 7/25/11
AGkND.A ITEM Ti =rl,E Ordinance authorizing Mayor to execute development agreement with Wells et al.
C, "17:GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
A4tg Date 7125111 Mtg Date Mtg Date Mtg Date 8/1/11 Mtg Date Mtg Date 7/25/11 Mtg Date
SPONSOR Council Mayor Attorney DCD Finance Fire IT P&R Police Z PW
SPONSOR'S A development agreement by and between the City'and Duane A. Wells, Gertrude Wells,
SUMMARY and Larry Magone, for the Development of 6700 Fort Dent Way, as part of a settlement of
a dispute related to access rights conferred to the subject property via a 1977 deed with
the City. This development agreement preserves the access rights established via the 1977
deed for a specified period of time. The Council is being asked to conduct a public hearing
and consider and approve the ordinance authorizing execution of the Agreement.
RI 'VI F.WI:ID BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: CONIMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. City Attorney /Public Works
COMMITTEE
COST IMPACT FUND SOURCE
EYPINDITURI3 Rl`UIR17,D AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Comments:
MTG. DATE
7/25/11
MTG. DATE
7/25/11
8/01/11
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 7/20/11
Draft Ordinance
Development Agreement
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x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Shelley Kerslake, City Attorney
DATE: July 20, 2011
SUBJECT: Wells Development Agreement
ISSUE
Whether as part of a global settlement of all claims between the City of Tukwila and D. Wells et
al. to resolve disputes regarding access to certain property located at 6700 Ft. Dent Way the
City should enter into a development agreement for the subject property?
BACKGROUND
In 2009, D. Wells, et al. filed suit against the City alleging that certain access rights conferred by
deed in 1977 had been abrogated by the City and thus, compensation for such infringement
was due. The parties mediated this dispute and proposed to resolve the matter, in part, through
the adoption of a development agreement which would vest the property to certain regulations;
thereby preserving the access required by the 1977 deed for specific period of time.
DISCUSSION
The development agreement before the Council for consideration has been negotiated between
the parties and has received approval from the plaintiffs in this matter. There is no budget
impact related to this proposal.
Should the Council not wish to authorize the Mayor to enter into this development agreement,
the case will be reset for trial in the near future and matter will be resolved by a Superior Court
jury.
RECOMMENDATION
It is recommended that after the 7/25/11 Public Hearing, the Council forward this item to the
August 1, 2011 Regular Meeting to adopt the ordinance authorizing the Mayor to execute the
development agreement to finalize the settlement of this matter.
ATTACHMENTS
Draft Ordinance
Development Agreement
3
El
�A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND DUANE A.
WELLS AND GERTRUDE A. WELLS, HUSBAND AND WIFE AND
THE MARITAL COMMUNITY COMPRISED THEREOF, AND LARRY
MAGONE, EXECUTOR OF THE ESTATE OF VAL BAIN,
DECEASED, REGARDING THE DEVELOPMENT OF A VACANT
PARCEL OF LAND (KING COUNTY PARCEL NO. 2954900420)
LOCATED AT THE INTERSECTION OF FORT DENT WAY AND
INTERURBAN AVENUE SOUTH; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170 authorizes the City to enter into "development
agreements" with persons having ownership or control of real property; and
WHEREAS, pursuant to RCW 36.70B.190, this ordinance and the Development
Agreement shall be recorded with the real property records of the county and
WHEREAS, pursuant to RCW 36.70B.200, on July 25, 2011, the City Council held
a public hearing regarding the Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement Adopted. The Development Agreement
between the City of Tukwila and Duane A. Wells and Gertrude A. Wells, husband and
wife and the marital community comprised thereof, and Larry Magone, Executor of the
Estate of Val Bain, deceased, a copy of which is attached to this ordinance as Exhibit A,
is hereby adopted.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
W: Word Processing \Ordinances \Development Agreement -Duane Wells et al
SK:bjs 7 -13 -11 Page 1 of 2
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Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachment: Exhibit A Development Agreement
W: Word Processing \Ordinances \Development Agreement -Duane Wells et al
SK:bjs 7 -13 -11 Page 2 of 2
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DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND
DUANE A. WELLS, GERTRUDE WELLS,
AND LARRY NIAGONE, FOR THE
DEVELOPMENT OF 6700 FORT DENT WAY
THIS DF,VELOPMF,NT AGRF.,FMFNT "Agreement is made and entered into
this day of 2011, by and between the CITY OF TIJKWH,A ("City a.
non charter, optional. code Washington municipal corporation, and DUANE A. WELLS
and GERTRUDE A. WELLS, husband and wife; and LARRY MAGONF,, as the
Executor of the estate of Val Bain, deceased "Wells
I. RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or
control of real property within its jurisdiction, pursuant to RC W 36.70B.170; and
WHEREAS, Wells owns or controls approximately 1.14 acres of real property
commonly known as "6700 Fort Dent Way" in Tukwila, Washington "the Property")
generally located between the boundaries of the Green River on the northwest; Fort Dent
Way on the southeast; Interurban Avenue on the southwest. The site is shown on the
vicinity map attached hereto as Exhibit 1 and as legally described in Exhibit 2, attached
hereto; and
WHEREAS, Wells and the City executed a Deed and Easement in Lieu of
Condemnation ("1977 Deed in 1977 which granted certain rights and responsibilities
for the parties related to the Property (attached hereto as Exhibit 3); and
WHEREAS, a dispute arose between the parties related to access rights conferred
to and from the Property by the 1977 Deed; and
WHEREAS, Wells filed suit against the City in King County Superior Court
under Cause No. 09 -2- 38319 -7 and
and
WHEREAS, the parties desire to confirm the rights conferred by the 1977 Deed;
WHEREAS, as the result of settlement negotiations, the City has agreed to vest
the Property to the City's current development regulations, specifically including but not
limited to the City's Shoreline regulations in effect as of January 1, 2009, for a period of
10 years as of the effective date of this Agreement and the other terms of the executed
Settlement Agreement between the parties;
DEVELOPMENT AGREEMENT PAGE 1 OF 8
7
WHEREAS, a development agreement must be approved by ordinance after a.
public hearing.
WHEREAS, a public hearing for this Development Agreement was held on
2011 and the City Council approved this Development Agreement by
Ordinance No. on 2011.
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.101 et seq.
NOW, THEREFORE, in consideration of the mutual promises set forth herein
and the long -term benefit to both the City and Wells, the parties hereby agree as follows:
H. AGREEMENT
1. Development Under This Agreement.
The foregoing recitals are agreed and incorporated in this Agreement. The
Property will be developed under the jurisdiction of the City pursuant to the terms and
conditions of this Agreement including the Settlement Agreement, the terms of which are
incorporated herein by reference_ This Agreement sets forth the development standards
and other conditions of development for the Property.
1.1 Scove of Development. Wells proposes to develop a mixed use
development that may include office, retail or restaurant uses.
1.2 Vesting of Development Regulations. Development on the Property as
described in this Agreement shall vest to the following development regulations in effect
on the date of execution of this Agreement (the "Development Regulations for the
Term of this Agreement:
The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22,
2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila
Zoning Ordinance (Title 18, TMC); the Tukwila Subdivision Ordinance (Title 17,
TMC); Shoreline Master Program designations and pre- designations,
transportation concurrency regulations; storm surface water treatment and
quality, and surface water retention and detention design standards and
ordinances.
Development of the Property shall not be subject, during the Term of this
Agreement, to any amendments to, or replacements of, the Development Regulations
listed above. These are rights vested under state law for purposes of RCW 36.70A.300
(3)(a). The property remains subject to the requirements and entitlements contained in
DEVELOPMENT AGREEMENT PAGE 2 OF 8
the 1977 Deed and this Agreement is not intended and does not modify those rights and
responsibilities.
1.3 Term of Vesting. The vesting described herein shall apply for ten (10)
years from the effective date of this Agreement (the "Term" of the Agreement). For
those development standards not specifically enumerated in this Agreement, the Land
Use Process approvals shall be governed by the City codes and standards in effect upon
the date of complete application and the 1977 Deed.
1.4 Access for Development. Access to any development on the Property shall
be governed by the 1977 Deed and the Settlement Agreement.
1.5 Police Power/Pre- emotion. Nothing herein relieves Wells of any
obligations they may have during the Term to comply with state or federal laws or
regulations of any kind, including but not limited to those related to storm, surface water
and floodplain management. The development shall not be vested against the application
of development standards that are imposed by virtue of state or federal pre emption of the
City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed
development shall not vest against new development regulations to the extent the new
regulations are required by a serious threat to public health and safety.
1.6 International Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington as of the date of
the filing of a complete application for a building permit shall apply to all new
development and the redevelopment or modification of existing development.
1.7 FEMA. Wells are obligated to comply with applicable FEMA National
Flood Insurance Program regulations that are in effect at the date of any building, grading
or clearing permit application.
1.8 Optional Regulations. During the Term of this Agreement, Wells may at
their option develop the Property or portions thereof in accordance with new code
provisions or generally applicable standards for that subject adopted after the date of
execution of this Agreement, without the obligation to bring other portions of the
Property into conformance with newly adopted codes or regulations.
2. Dispute Resolution Process. The parties shall use their best efforts to resolve
disputes arising out of or related to this Agreement using good faith negotiations. If the
dispute cannot be settled through negotiation, the parties agree first to try in good faith to
settle the dispute through mediation before resorting to litigation. The fees for mediation
will be borne equally by the parties.
DEVELOPMENT AGREEMENT PAGE 3 OF 8
F
3. Modifications to Agreement. This Agreement contains all terms, conditions and
provisions agreed upon by the parties hereto, and shall not be modified except by written
amendment executed by both parties. Amendments to this Agreement that materially
modify the intent and policy of the Agreement must be approved by the City Council.
Other amendments may be approved by the City Mayor.
4. General Provisions.
4.1 Governinc Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
4.2 Recording. This Agreement or a memorandum thereof shall be recorded
against the Property as a covenant running with the land and shall be binding on and
inure to the benefit of Wells and their heirs, successors and assigns until this Agreement
expires on its own terms pursuant to Section 1.3.
4.3 Intemretation: Severability.
4.3.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall
be construed to exclude from the scope of this Agreement and to reserve to the City, only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. If a Development Standard conflicts with an otherwise
applicable provision of the Tukwila Municipal Code, the development standards in this
Agreement shall control.
4.3.2 Severabilitv. If any provisions of this Agreement are determined
to be unenforceable or invalid in a final decree or judgment by a court of law, then the
remainder of this Agreement not decreed or adjudged unenforceable or invalid shall
remain unaffected and in full force and effect. In that event, this Agreement shall
thereafter be modified, as provided immediately hereafter, to implement the intent of the
parties to the maximum extent allowable under law. The parties shall diligently seek to
agree to modify the Agreement consistent with the final court determination, and no party
shall undertake any actions inconsistent with the intent of this Agreement until the
modification to this Agreement has been completed. If the parties do not mutually agree
to modifications within forty -five (45) days after the final court determination, then either
party may initiate the arbitration process under Section 2 for determination of the
modifications that will implement the intent of this Agreement and the final court
decision.
4.4 Authoritv. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms
and conditions herein stated, and to deliver and perform its obligations under this
Agreement.
DEVELOPMENT AGREEMENT -PAGE 4 OF 8
10
4.5 Exhibits and ADDendices Incorporated. Exhibits 1 and 2 are incorporated
herein by this reference as if fully set forth.
4.6 l leadingss. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions
of this Agreement.
4.7 Time of the Essence. Time is of the essence of this Agreement and of
every provision hereof. Unless otherwise set forth in this Agreement, the reference to
"days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday in the State of Washington, then the time period shall be extended automatically
to the next business day.
4.8 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements, oral or written.
4.9 Default and Remedies.
4.9.1 Cures Taking More Than. Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perform as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be
cured satisfactorily. If the nature of the alleged default is such that it cannot be
reasonably cured within the thirty (30) day period, then commencement of the cure
within such time period and the diligent prosecution to completion of the cure shall be
deemed a cure.
4.9.2 Rights of Non Defaulting Partv. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including
without limitation damages, specific performance, or writs to compel performance or
require action consistent with this Agreement.
4.9.3 Attornevs' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
4.10 Term. The Term of this Agreement shall be as set forth in Section 1.3
above. Until such time as the City revises the comprehensive plan or development
regulations which apply to the Property during the Term of this Agreement, the goals of
the comprehensive plan and the development regulations to which the project vests will
continue to apply to the Property following the expiration of this Agreement.
4.11 No Third -Partv Beneficiarv. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their heirs, successors and
DEVELOPMENT AGREEMENT PAGE 5 OF 8
11
assigns, No other person shall have any lghf :i�f.acti hased :upon any .provis of this
Agreement.
4.12 Interpretation:. This.. Agreement has been reviewed and revised by legal
counsel for both. parties; and no presumption or rule construing ambiguity against the
drafter. of the document shall apply to the interpretation or enforcement of this
Agrecment:
4.13 Notice. All communications,. notices, and demands 'of :any kind that a
party under this Agreement requires or desires to give to any other Marty shall be' in
writing and either :(i) delivered personally, (ii)' sent by faesimile :transmission with 'an
1. additional copy mailed first. class, or (iii) deposited in the U.S. mail .certified mail.
postage= prepaid, return receipt requested; and addressed as follows:
..If to the City.: City Tukwila
6200.8outheenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's: Office and.
Director of Public Works and
Director of Community Development
If to Wells: I3uane A Wells
Port Ludlow, Washington 9.h <1
Notice by hand delivery or :facsimile shall be effective upon receipt, provided. that
notice by facsimile shall. be accompanied by h ailed notice as set forth.heiein and be
evidenced b a machine- printed confirmation of successful transmission, If deposited in
the mail, certified mail, :return receipt iequesled, notice- sliall be deeined delivered forty-
eight :(49) hours after deposited. Any ti4ily at aiiy time by notice to the other party MAY!
designate a different address' or person to which such notice or communication shall be
given.
4.14 13e1 If either party is delayed in the performance of its obligations
under thus Agreement due to 'Force Majeure, then .performance. of those obligations shall
lie excused for the period of delay. For purposcs of this Agreement, economic downturns;
loss in value of the Propetty, inability to obtain or retain financing, do.: not constitute a
force :majeure. event.
4_.15 Indemnification.. Except `as otherwise :specifically provided elsewhere in
this Agreement and any exhibits hereto, "each party shall protect, defend,. indemnify and
hold. harmless. the other party and their "officers, agents, and employees, or any of them,
frdin and against any and all claims, actions, suits liability, loss, costs; expenses, and
damages of any nature whatsoever, which are caused by or result froin:.any negligent act
or _omission of the party's own: officers, agents, and employees in performing services
DEVELOPMENTAGREEMENT PAGE 6" OF 8
12
pursuant to this Agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against a party, the party whose negligent action or omissions
gave rise to the claim shall defend the other party at the indemnifying party's sole cost
and expense; and if final judgment be rendered against the other party and its officers,
agents, and employees or jointly the parties and their respective officers, agents, and
employees, the parties whose actions or omissions gave rise to the claim shall satisfy the
same; provided that, in the event of concurrent negligence, each party shall indemnify
and hold the other parties harmless only to the extent of that party's negligence. The
indemnification to the City hereunder shall be for the benefit of the City as an entity, and
not for members of the general public.
4.16 Development of the Property is a Private Undertaking. Development of
the Property is a private development and the City has no interest therein except as
authorized in the exercise of its governmental functions.
In Witness Whereof, the parties have caused this Agreement to be executed,
effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
Date:
Jim Haggerton, Mayor
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
DUANE A. WELLS
Date: 6 s
r
DEVELOPMENT AGREEMENT PAGE 7 OF 8
13
GERTRUDE A. WELLS
c
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
y4
GERTRUDE A. WELLS
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
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This document Is not intended for use as a survey product. King County shall not be liable for any general, special, Indirect, incidental, or consequential L
damagas including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contalned on this map. Any sale of King County
this map or Information on this map Is prohibited except by written permission of King County.
Oale: 9/7/2010 Source: King County WAP Property Information http: /www.metroke.gov /GISfiMAP)
EXHIBIT 1
16
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Port Dear Park
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LEGAL DESCRIPTION:
THAT PORTION OF VACATED BLOCKS 4 AND 17, AND VACATED STREETS ADJOINING
GUNDAKER'S INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN
VOLUME 14 OF PLATS, PAGE 46, RECORDS OF KING COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT HIGHWAY ENGINEERS STATION P.O.T. (2M) 127 75 ON THE
2M -LINE AS SHOWN ON STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY NO, 1
(SR 405) GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY
COMMISION RESOLUTION NO. 1192, FEBRUARY 19, 1962;
THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID 2M -LINE TO THE
SOUTHWESTERLY MARGIN OF VACATED KENNEDY STREET, AS SHOWN IN SAID PLAT,
AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT ANGLE LINE A DISTANCE
OF 140.00 FEET;
THENCE NORTHWESTERLY AND PARALLEL WITH SAID SOUTHWESTERLY MARGIN OF
VACATED KENNEDY STREET NORTH 59 WEST TO THE EASTERLY BANK OF
THE GREEN RIVER;
THENCE SOUTHWESTERLY ALONG SAID BANK TO THE SAID SOUTHWESTERLY MARGIN
OF VACATED KENNEDY STREET;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY MARGIN TO THE TRUE POINT
OF BEGINNING;
EXCEPT THOSE PORTIONS THEREOF CONVEYED TO THE CITY OF TUKWILA FOR
SOUTHCENTER BOULEVARD BY DEEDS RECORDED UNDER RECORDING NOS.
7410290105 AND 7708040599;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXHIBIT 2
I
DEED AND EASEMENT
IN LIEU OF CONDE1
C DUANE A. W7..I -LS and GERTRUDE A. WFLIS, his wife, and
`i) VAL LAIN, a single woman, hereafter referred to collectively
R
as "Grantors 1 a tlemeat of an inverse
n cons �..,.i.�n o` set
CD
tl• condemnation action in Ring County !'au e No. 815176, do
ti
hereby quitclaim and con%le; to City of Tukwila, a mu iicipal
corporation, Grantee, the .real property and easement inter
e;,�. d (.tscr.ih. ed as Parcels A and B, situate in the
County of King, State of Washington, including any after-
acquired title, on the express terms and conditions as set
orth herein, as follows.:
PARCh;L A (Street and sidewalk parcel)
Grantors yuiF.claim and convey to Grantee. the follow-
ing real ,propezty for a puLl:ic road, side�-:alk, curbs,
Sli.cc�s, underground ;cater, sanitary sewers, power, gas and
telephone utilities, subject to easement recorded under
Aud- itor's File 1170. 710127 -017(5 and subject. to easements and
.restrictions of record, described as follows:
That portion of vacated blocks 4 to 9 inclusive
and blocks 12 to 17 inclusivc of Gundaker's
interurban Addition •co Seattle (Vacated),
according to the plat racordea in volume 14 of
Plats, Page 46, in King County, Washington,
together with.vacacec streets adjoining which
-spon vacation attached to said property by
operation of law, described as follows:
Beginning at the intersection of the centerline
of Interurban Avenue South and Southcenter Boule-
vard at Pias'nington Highway Station 127 +75 on the
'Lei- !Aiic; thence Nor•ch 30 East 78.36 feet,
nose or le�.a; to the south line of Kennedy Street
as dedicated in the plat of Gundaker's Interurban
Addition to Seattle, being the true point of
1';o i::MSE'TAX, NOT RLQUIRED
1 ti ny L "a. ft�cG� �i; ili�:sion
C -4- e l Deputy
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EXHIBIT 3
18
becrinnincr; thence South 59 1 2'S4" mast along
said South flargin. 29 :feet; thence North
30 °27'76" East 100 feet; thence North
59 °32'54" F ?est 48 feet; thence North 30 °27'06"
East 50 fhet; thence North 59 1 32 1 54" -'Nr. t
1.3 Ieet; 'thence South 30 °2%'06" West 150 feet
to the South 1.L e of said xennedy street;
thelic;! South _=9 1 32'54" East along said South
i.iI *,e 32 feet, more or less to the point of
beginning.
The Grantee aq.raes ',that the landscaping requirements that
1.
0
M
Grantee's ordinance. .nay recyui.rc, as they of ect the Grantors'
northwesterly pa -c•:. of land, shall include as a part of the
Grantors' landscapi:!a requirements the northwesterly two feet
of said Parcel A in computing whether Grantors have satisfied
their landscaping requirements and any trees installed by the
Grantee shall be considered by Grantee in determining whether
Grantors have met all or part of their*' landscaping. requi_remen.ts.
PARCEL B (Utility easement)
Grantors convev and quitclaim to Grantee a permanent
easement to Grantee oven under, through and across the
rollo:L.,g real property:
That portion of vacated.bloc;cs 4 to 9 inclusive
and blocks 12 to 17 inclusive of Gundaker'n
Interurban Addition to Seattle (Vacated) accord-
ing to the plat recorded in volume 14 of Plats,
Page 46, in King County, Washington, together
with vacated streets adjoining which upon vaca-
tion attached to said property by operation of
described as follows:
'Beginning at the intersection of the centerline
of Interurban Avenue South and Southcenter
Boulevard at Washington State Highway Station
127•x75 on the 2M .Line; thence North 30'27'05"
East 78.36 feet, more or less, to the South
line of I:ennedy Street, as dedicated in the
plat of Gundakez's interurban Addition to
Seattle, being the 'true point of beginning;
thence 59 32'54" East along said South
Irargin 43 feet; thence North 30 °27'06" East
100 feet; thence North 59 0 32 1 54" Wept 14 feet;
thence South 30 East 100 feet to the
5out }j line of said Kennedy Street; thence
Morth 59 °32'5 West along said South line 29
feet to the point of beginning.
2
Me
said casement is a utility easement only, and Grantee shall
have the right tc install, maintain, .repair and replace
underground utilities including water, sanitary sewer.;,
power, gas and telephone lines. No permanent structures or
permanent obstructions shall be erected or suffered on said
easement area by or under Grantee, and no permanent structure
of egu.ipment shall-be above. ground surface e::cept for fire
�n hydrants or other siru. :.tres ne• ^essary to the maintenance
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U and operation of the uti= it provided, however, the above
CO
U ground utility structure and landscaping, if any, shall not
N be located within Grantors' ingress and egress driveways
sr•:,:ving Grantors' real property, Ornntors shall have the
full right to `filize said easement area in any .manner nct
inconsistent with Grantee's use, and to cross same with
utilities necessary to serve Grantors' real, property, and
:;hall have access over, through and across said easement
area for ingress and egress to Grantors' real property and
for Grantors' utilities, driveways and landscaping.
Grantee may from. time to time remove trees, bushes or
ether obstructions within the easement right of way and may
level and grade the right of way to the extent reasonably
necessary to carry out the purposes set forth above;
provided, that following any such work, Grantee shall, to
the extent re'a.sonably practicable, restore the riy_ht of way
to the condition it was immediately priur to such w_rk.
Grantor may undertake any c3rdinary improvements to the
landscaping of the right of way provided that no trees, plants,
or other improvements, shall be placed thereon which would
be unreasonably expensive or impractical for Grantee to
remove and restore.
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Follor-inc is a description of the Grantors' dorainant
ON
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^s t:1te a belle ;iit:f(? by the i:f?rInz CU11L1i_7.0 %q ;?S1Ci Cove 113,11 t'3
of this Deed and Ease.,ent:
The southwest 100 feet:. in width of vacated
blocks 4 to 9 and 12 to 17, inw.lucive of
Gundaker's Interurban Additinn to Se attle, as
per plat recorded in Vol-Lune 14 of Plats on
Page 46, Records of sting County; TOGETHER
WITH adjnin .ng which upon
vacation atttach•zd to said property by apern-
tion of laud;
A strip of land I adjacent and parallel.
to the northeasterly line of the following
descrihc:1 property:
The- south-westerly 100 feet in width of vacated
Blocks 4 to 9 and 12 to 17, inclusive, of
Gundaker.'s Lnterurba.n Addition to Seattle,
as per plat ecorded i.n Volu.me 14 of Plats
on Page 46, :records of Ning Coant'y;
TOGETHER WITH vacated streets adjoining which
upon vacation attached to said property by
operation of law;
Said strip of land being described as follows-
Be-ginning at Highway .Engineer's Station P.O.T.
(2M) 127 +75.0 on the 2?4 line shotm on the State
Highway Map of Primary State Highway No. I
[Sr 405) Green Rilrer Interchange, Sheet 2 of
4 Sheets, established by Commission Res. No.
1192, February 19, 1962; thence northeasterly
at right angles to said 2M -line to a point on
the northeasterly boundary of the above
described property; thence northeasterly along
said northeasterly boundary a d?st of 25
feet to the true point-_ of beginning of this
description; thence continuing north;aester.ly
along said northeasterly boundary a distance
of 100 feet; thence northAe.3terly at right
angles to said northeasterly boundary a
distance of 50 feet; thence southeasterly
parallel to and 50 feet distant from said
northeasterly boundary for a distance of 100
feet; thence souther= •srerly a dis csance of 50
feet, snore o=� less, to the true point of
beginning;
All situate in the City of Tukwila, Couniy or
King, State 'of Washington.
Ind, subject to an easement recorded under.
A,uditor's File Ido. 710127- 07.76,
e :.copting therefrom the real property conveyer to G.antee,
City of Tukwila, described as Parcel. A above, and subject
4
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C4 j-V `flt 4-1 c;� Lei:
`Or s Parcel G abOvc in t''1s inotl u,me:nL..
it is a cknow le.Uged th- Grantors' Zei.t is
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divided into two parcels, one parcel being located generally
north'wastai ly G Southcenter Boulevard, and L Parcei bkF inO
located generally iiea_.cer1.Y' of 5outhc•ant'er Boulevard,
Sou _hcen4er roule being located on portion;. of Parcel A
described t,erei,iabeve,
Both of s&.=.d. Grantors' parcels are referred to herein
as "Grantors' property" and Grantors' property shall be
benefited by the covenants and agreements set forth herein
and as wade by the Grantee, City of 'lukvrila, which shall
run with G ?:antors' property, and the burdens of said cove-
nants and agreements shall be burdens upon Parcels A and
A, the real property interest heretofore conveyed by
Grantors to Grantee, and shall run against said land. The
burdens and benefits, covenants and conditions set forth
herein shall. be to the benefit of and binding upon the
Grantors' and Grantee's .respective heirs, successors and
assigns, and shall be deemed benefits and burdens running
with the land, for the benefit of Grantors' real. property
above described.
The terns, conditions, benefits, detriments and cove-
nants that are expressly made a condition of the grant of
real proper_ty interest by Grantors to Grantee as described
in Parcels -A ana B above, are as Follows:
1, The presently existing irrigation water line
constructca by Grantee located on Grantors' real property
locate ;'i or, tfiz north:+est side of Parcel A. above, and
running parallel to Southcenter Boulevard, shall be re-
located by Grantee, at Grantee's Sole cost and expense,
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within 90 days of date hereof to within the area :ascribed
as Parcel A.
2. The presently existing berm and appurte-
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nances constructed on Grantors' real property by Grantee,
located c,n Grantors' property located to the northwest of
Parcel n, shall by Grantee and ;:educed to the
grade. of SouthcenteL 6oulevard'within 90 days of date of
this agreement.
3. Gr.o tee herehy quitclaims and conveys to
Grantors, to the extent that Grantee has any Property
interest in said property, art easement for one. ingress and
egress driveway for vehicular traffic no more than 30 feet
in width .90 as to allow ingress and egress on that portion
of Grantors' real property situated northwesterly of South
center Boulevard to the existing Interurban Avenue which
parallels the northwesterly margin of Grantors' real prop-
erty situated northwesterly of 5outhcenter Boulevard, the
exact location of said easement for ingress and egress
cannot be ascertained as of the date hereof so long as said
ingress and egress ?isement driveway is located in an area
30 feet on either side of a point on said Grantors' south-
westerly boundary, to wit.:
North 59 0 32'54" west, 285 feet from the inter-
section of the :enterine of Southcenter Boule-
vard and the extended said Grantors' south
westerly boundary line; provided that said
easement driveway will not cross or interfere
with the existing transit stop as constructed
under Local Improvement bistrit:t No-. 25.
Grantee agrees to the same terms and conditions set forth
herein and agrees to execute such documents, instruments
rind other things necessary or proper to grant such ingress
and egress easement driveway between Grantors' !real prop-
erty and Interurban Averiue; providcd, however, Grantee is
6
23
nc r.'s:ntirscs that iL has any .right to
egress ca sPiT4 -nt driveway to Grantor::
no action to orevel:t Or precluc!e Granto
said ingress and' egr <iss easemont ric;hts
have.
grant such ingress
but it will take
f rocn utilizing
wh ich Grantors ma.
4. Grantors shall have right of ingress and
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egres•.s from and to sa_d ''Grantors' real pi_ ope.rty parce
Ocated generzl `:orthv,'e terly and so utheasterly of 501.1'_h-
center Boulevarc: to, on and upon Southcenter Boulevard and
shall have th -e rid;:,._ to have two curb cuts 2/; feet in width,
for access to each oa.rcel off of Southcenter Boulevard to
:,c- :ve c"rantor!i r-aati. property located northwesterly and
southeasterly of Southcenter Flo'ulevard, provided, that said
curb cu.•s are not located within an area 30 feet from the
northwesterly margin. of Interurban Avenue.
5. There will be no assessment made to Grantors
participants in the final assessment roll or City of
Tukwila Local Improvement District no. 25. Grantors shall
pay such other standard charges for water and sewer as are
charged :against property owners for use of such improvements
and servi when requested, including but not 1i -mited to
regulaz and s=dcial connection charges as set forth in
Chapters 14.04 and 14.16 of the Tukwila Municipal Code.
6. Grantee agr ^.es that left turns will be pe--
mitted and authorized by Grantee so that. veh traffic
using Southcenter Boulevard can turn: left onto Grantors`
real property located northwesterly of Southcenter Boule-
vard and southeasterly of Southcenter Boulevard; provided,
that the left turn lane will not be located within 153.36
feet, north 30 °26'6" east of the intersection of the center-
lines of aouthcenter Boulevard and Interurban Avenue South.
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01
a cooditi�on of this grant that Grantee e:'� -li co tf:inuc
alJm saie ]left turns to said ❑,operty and small not
�i,rforei, authorize or suffer any act that would pxecLude the
;nahing of ieft turns to Grantors' real. property -zcm Sc�'h-
center Bculevar.d, ,.-.ci`ied, and no lane• divider or other
divice._•s cr channels 11 ne installed oz Sot_thcenter Sou1e-
J� vard that would Pent or impede the rlot of Vehicular or
C.
pedestrian t.Y.afri c in rnaki_nq Left i;urns onto Grantors' real
C7
p;-opert or the free `low of traffic and /or pcdest
r—
t betv:een Grantors' property located northwesterly of South-
cr!nt Bou.lr_•rar0 to the southeasterly port-i.on, or f:•rom the
southeasterly portion of Grantors' property to the north
w'�sterly portion, provided, that lane dividers and/or curbs
_at: be installed within 153.36 feel,, north 30 east of
the intersection of the centerlines of Southcenter Bou'levord
and interurban Avenue South. Grantee will allow a. variance,
if required, for the location of a Curti cut for ingress and
egress driveway on Grantors' southeasterly parcel. adjacent
tc Grantors' northeasterly property lane.
This DEED AND EASEYMNT IN LIEU OF CONDEkVATION and
the agreements, terms, conditions and covenants contained
herein have been entered into between the parties pursuant
to the Findings of Fact and Conclusions of Law �1d Approval
of Settlement heretofore or concurrently entered in Ring
,,ounty Superior Court Cause Igo. 215176, and the terns,
conditions and covenants hereof be construed liberally
to effectuate the intentions and purposes of the parties as
expres-sed herein.
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This instrument is executed and agreed to by and be-
t_weQn the parties this 10th day of June, 1477.
1
GERTi:JDE A. MLLS
0— VPL F,,]:N, a single woman
C? AGREED AVD ACCEPTED: GRANTORS
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Co CITY OF TURWILA,, WP.SHINGTON
O_
Gla
By
Edgai^ D. Bauch, Mayor
ATTEST:
b1a/.ine Anderson, City Clerk
STATE OF WASHINGTON
SS,
County of King
On this day personally appeared before me DUANE A.
WELLS and GERTRUDE P.. WELLS, husband and wife, to me known to
be the .individuals described in and who executed the within
and foregoing instrument and acknowledged to me that they signed
the saltre as their own free act and deed for the uses and purposes
described therein.
GIVEN
UNDER my hand add seal this 1r, day of June,
7 h
41-
y c �tt7'Al2Y PUHLIC i i d for tl-< -S t�g
of Washington, residing at -b °•L
STATE OF -WASHINGTON
ss.
County oL- fling
On this day personally appeared before me VAL RAIN,
to me known to be the individual described in and who executed
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