HomeMy WebLinkAboutReg 2011-08-01 Item 5B - Ordinance - Development Agreement for Fort Dent Way / Interurban Avenue South PropertyCOUNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Nleetirr� Date Prepared by M,p e ,'�viezv I Council review
7/25/11 SK C-�V I
1 8/01/11 1 SK I Qtl)
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CAS NUMI3F,R: 1 1 1 U 1 b STAFF SPONSOR: SHELLEY KERSLAKE/BOB GIBERSON ORIGINA].AGL D ATIs: 7/25/11
A(;FNDA I"rFIM Trr1.c Ordinance authorizing Mayor to execute development agreement with Wells et al.
Cxr1"('Om' Discussion Motion Resolution Ordinance BidAvard Puhlic faring Other
,A PS Date 7125111 A2tg Date RLtg Date A4tg Date 811111 P4tg Date 111t., Date 7125111 [lltg Date
I SPONS01Z Council Mayor Attorng DCD Finance .Fire IT P6R Police PIF/
SPONSOR'S A development agreement by and between the City and Duane A. Wells, Gertrude Wells,
SU,NIMAI lY 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.
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Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. City Attorney /Public Works
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COST IMPACT FUND SOURCE
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Comments:
MTG. DATE J RECORD OF COUNCIL ACTION
7/25/11 Forward to next Regular Meeting
MTG. DATE I ATTACHMENTS
7/25/11 Informational Memorandum dated 7/20/11
Draft Ordinance
Development Agreement
8/01/11 i Ordinance in final form
El
C ity of Tukwila
Washington
Ordinance No.
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 36.706.170 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 5
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
6 SK:bjs 7 -13 -11 Page 2 of 2
DEVELOPMENT AGREEMENT BY AND
RET EEN THE CITY OF TUKWILA
AND
DUANE A. WELLS, GERTRUDE WELLS,
AND LARRY MAGONE, FOR THE
DEVELOPMENT OF 6700 FORT DENT WAY
THIS DFVF,i.,OPMFNT AGR.F.,F,MFNT "Agreement is made and entered into
this day of 2011, by and between the CITY OF Ti1KWILA "City a.
non charter, optional code Washington municipal corporation, and DUANE A. WELLS
and GERTRUDE A. WELLS, husband and wife; and LARRY MA-GONE, 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 shmwn 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
WHEREAS, the parties desire to confirm the rights conferred by the 1977 Deed;
and
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
DeveIonment 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 Scone of Development. Wells proposes to develop a mixed use
development that may include office, retail or restaurant uses.
1.2 Vesting of Developmcnt 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; stormwater, 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- emption. 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 dcvelopment 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 bome equally by the parties.
DEVELOPMENT AGREEMENT PAGE 3 OF 8
9
3. Modifications to Afreement. This Agreement contains all terns, conditions and
provisions agreed upon by the parties hereto, and shall not be modified except by written
amendment executed by both partics. 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 Governinu Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
4.2 Recordine. 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 Intermetation: Severabilitv.
4.3.1 Interroretation. 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 Severability. 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 cffect. 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
IE
4.5 Exhibits and Appendices Incomorated_ Exhibits 1 and 2 are incorporated
herein by this reference as if fully set forth.
4.6 headings. 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 Da -s. 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- Defaultina Party. 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 Attorneys' 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 -Party 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. an_y -igbf f actinn haSed :iiP�n any provision of this
+x.12 Interpretation. This._.Ag eenient has been ieviewed, arid: revised by legal_
counsel for' both. parties Wand no, presumption or rule construing ambiguity against the
drafter: of the document: shall apply to the interpretation or enforcement of this
A.g'cem.ent
ss
4.13 Notice. All coinmunications notices,, and demands '!of any kind that a
party under this Agreement requires or desires to give to any other patty shall lie in
writing anal either W delivered personally, (ii) sent .by lacsiniile. transmission with an
additional .,c1.py in ailed first class; or. (iii} deposited in the:. U.S. mail.: certified mail
postage prepaid, return receipt requested, and addressed as follows:
P
-If `.to the City: City: of Tukwila
620.0 8outhee iter Boulevard
Tukwila- 1X`asl ington 9 818 8
Attn: M ayo1'"s:Office and,.;
Director of Public Works and
Director of CoiniuunityDevelopment
If to Wells: Dal e A ?Wells
Port Ludlow, Washington S M
Notice. by delivery c r faesiiriile shall be effectivz upon receipt, provided
.that
notice: by .facsimile shall, be accompanied by iaiazled notice as set forth:.h ein atd,shall be
evidertced by ,.a machine printed :confirmation of successful transmission If deposited in
the mail; eeriifiecl znail, relurrr receiptt`equested, notice shall be deenied delivered forty-
eight .(48)::houts after deposited. Any`p4i'ty at ally tinge. by notice to, the offer party tiiay
designate a different address or. person to which such notice or communication shall. be
gtv:e).
4;14 1300s. If either party is :delayed in the performance of its obligations
under this Agreement due to Forcc 3ylajeurc, then perform, nce.of those obligations shall
°be :excused for the period of delay. For purposes of this Agreement, economic downturns
loss in value. of the Property,: inability to: obtain or retain: financing, do: not constitute a
force inajeure event,
4 Indemnification. Exceptas otherwise :specifically ptpvided elsewhere in
this: Agreement and any exhibits hereto, each party shall protect, defendjndemnify and
holm harmless. the other party and their officers, .agents .and employees, or any of them,
from and against any and all claims, actions, suits liability, loss, costs expenses, and
damages of any nature whatsoever, 'which are caused by or result from any negligent act
of oniission of the pai`ty's own. officers'; agents, and employees in performing services
DEVELOPMENT AGREEMENT 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 parry 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 Prone►-ty 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
By:
Jim Haggerton, Mayor
Date:
ATTEST:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
City Attorney
DUANE A. WELLS
Date:
DEVELOPMENT AGREEMENT PAGE 7 OF 8
13
GERTRUDE A. WELLS
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
61
GERTRUDE A. WELLS
Datc:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
d U
Date:
DEVELOPMENT AGREEMENT- PAGES OF 8
15
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Tukwila Park
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QC) 2010 King County
The Information inc uded on Ihis map has been compiled by Wit County star /rom a vertoty of sources and is subject to.chango without notice. King
County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information.
This documenl Is not Intended for use as a survey producf. King County shall not be liable for any general, special, Indirect, Incidental, or consequential
damages including, but not limited to, lost revenues or lost pmrits resulting from the use or misuse of the information contained on this map. Any sale of
,his map or Infortnalion on Ihis map Is prohibited except by written permission of King County.
Date: 9/7/2010 Source: King County NAP Property Information (http: /www.metmkc.gov /GISAMAP)
280ft
King County
16 EXHIBIT 1
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CA
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QC) 2010 King County
The Information inc uded on Ihis map has been compiled by Wit County star /rom a vertoty of sources and is subject to.chango without notice. King
County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information.
This documenl Is not Intended for use as a survey producf. King County shall not be liable for any general, special, Indirect, Incidental, or consequential
damages including, but not limited to, lost revenues or lost pmrits resulting from the use or misuse of the information contained on this map. Any sale of
,his map or Infortnalion on Ihis map Is prohibited except by written permission of King County.
Date: 9/7/2010 Source: King County NAP Property Information (http: /www.metmkc.gov /GISAMAP)
280ft
King County
16 EXHIBIT 1
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 T 75 ON THE
2M -LINE AS SHOWN ON STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY NO. i
(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 0 32 1 54" 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 17
DEED AND EASEMENT
1N LIEU OF CON D13P1 \IATICIA)
DUAINE w.e ;.Z :LS and GEPTRZID A. WFLLS, his wife, and
r VAL bAIJ R, a sillgle woman, hereafter referred to collectively
It:
G Grantors in consi of sottletfeat O an inverse
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condermation action in Ring County Cause No. B15176, do
hereby quitclaim and comfe; to Citv of Tukwila, a mu iicipal
corporation, G;rantUe, the rea property and easement inter-
c' .-.t here.af (:f r dc- .scr.ihed as Parce.,. A and !3, SZtUate In the
County of Kiny, State of Washington, including any after-
acquired title on the express terms and conditions as set
north herein, as follows,
PARS= :;L J, (Street and sidewalk parcel)
Grantors guiEclai.m and convey to Grantee tl L`olloo
ins .real property for a Public road, si.der:alk, curbs,
S,ai:tcrs, underground ;cater, sanitary sewers, power, gas and
telephone utilities, subject to easement recorded under
Auditor's k'.i1e No. 710127 -0176 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 inclusive of Gundaker's
interurban Additioa ';o Seattle (Vacated)
according to the plat reoco'rderi in 17olu.me 14 of
Plats, Page 46, in King County, Washington,
together with vacated streets adjoining which
•jpon vacation attached io said property by
operation of law, described as follows:
Beginning at the intersection o= the centerline
of interurban Avenue South and 5outhcenter Doule-
vard at Wasningtoo Highway Station 127 +75 on the
ZM- -mine; thence North 30 °27 East '78.36 feet,
nose or lee.;; to the south line of Kennedy Street
as dedi.catcd in the plat of Gundaker's Interurban
A&dition to Seattle, being the true point of
W-
1" ?X'C1SE'T.AX NOT REQUIRED
i S4i n; C R4cCr�s iii�:sion
EXHIBIT 3
beginniilu; thence South 59 °'2' 54" Last along
said South 21arg,�n.29 feat; thence North
30 °7.7'06" East 100 feet; thence North
59 °32 West 48 feet; thence North 30 °27'06"
Last 50 feet; thence North 59 1 I 1 54 -;°Te t
13 feet; theme South 30 °7.7'05" West 150 feet
to the South 11' ac of said Fennedy Street;
Lhciiice Soui'h E9 °32'54" East along 3aici South
.i1T;% 31. Test, mo2:e or less to the Point oi.
beginning.
The Grantee agrees ',:has the landscapi.no requirements that_
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Grante ordlnance.s :;iay reUUlre, is they affect the Grantol:ti'
northwesterly pare-;. of .land, shall include as a part of the
Grantors' landsca.pi: ?q requirements the north%-testerly two feet
of said Parcel h in computing whether Grantors have sat_sfied
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. requirements.
PARCEL E (Utility easement)
Grantors convev and quitclaim to Grantee a permanent:
easement to Grantee over, undex, through and across the
o11a'rri..,g real property
;hat portion of Vacated.blockS 4 to 9 inclusive
and blocks 12 to 17 inclusive of Gundaker`;
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 :rhich upon vaca-
tion attached to said property by operation of 1:;
described as follows:
Beginning at the intersection of the centerline
or Interurban Avenue South and Southcenter
L'ou.levard at Washington. State ilig.hway Station
127•x75 on the 2N .Line; thence North 30 ^5"
East 76.36 feet, more or less, to the Sou'ch
line of I:ennedy Street, as dedicated in the
plat of Gundaker's interuz Addition to
Seattle, being the true point of beginning;
thence South 59 °3254" East along said South
margin 43 feet; thence Morth 30 °27'06" East
100 feet; thence North 59 0 33'54" West 14 feet;
thence South 30 0 27'06" Ea.,t 100 feet to the
South line of said Wennedy Street; thence
Borth 59 West along said South line 29
f to the point of beginning.
2
19
Said casement iF a utility easement only, and Grantee shall
have the right to install, maintain, .repair and replace
underground utilities including water, sanitary Geyer;,
power gas anc! telephone lines, ro permanent struci=u_es or
permanent obstructions shall be erected or suffered on said
easement area by or under Grantee, and no permanent structure
of egu.ipment shall- above ground susiace except for fire
9 t3
hydrants or other stru ^t.:res he.rcvssary to the naintenance
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T and operation of the uti_,itiez;; provided, however, the above
G
Co
ground utility structure-.% and landscaping, if any, shall not
r be located within Grantors' ingress and egress d.rivew ays
r,orvinq Graantora' real. proPerty, Crnntors shall have the
full right f.o utilize said easement area in any manner not
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
other obstructions within the easement right of 'day 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 e.:tent reasonably practi. cab ?e, restore the right of way
to the condition it was iLwnecia.tely priur tc such
Graritor may undertake any ordinary improvements to the
landscaping of the right of Tray provided that no trees, planes,
or other improvements, shat.'_ be placed thereon which would
be unreasonably expensive or impractical. for Grantee to
remove and restore.
3
20
F o} lol'i11G is a d.e�cription of the Gr;:ntors' doialnant
cstate as UP_7U3:C?.t:f�t5 y 'C)1t? i:'�ili1L��, CbS:L1i_7_u%S fl.nci Cc)\J(:,11:i.i \t5
of this Dee a and Ea.Se: ent'
Th 1 00thwesterly 100 feet in width Of vacated
Said strip of land being described as follows:
Beginning at Righway Engineer's Station P.O.T.
(2M) 127 +75.0 on the 2P1 -line shown on the State
Highway Map of Primary State Highway No. 1
/Sr 405) Green Ri�rer Interchange, Sheet 2 of
4 Sheets, established by Commission Res. No.
1192, February 19, 1962; thence northeasterly
at Tight angles to said 2M -line to a point an
the ncrtheeasterly boundary of the above
described property; thence northwesterly along
said northeasterly boundary a distance of 25
feet to the true point of beginning of this
6escription; thence continuing northeasterly
along said northeasterly boundary a dtistance
of 100 feet_; thence northeasterly 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 southw distance of SO
feet, more o;_ less, to the true point of
beginning;
All situate in the City of Tukwila, Coun'cy O
King, State of Washington.
And, subject to an easement recorded under
P,uditor.'s File No. 710127 01.76,
e::c- t:tlerefrom the zeal property conveyed 'Lo Grantee,
City of Tukwila, descrlbe.d as Parccl A and subject
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Blocks 4 to 9 and 12
to 17 inclusive of
Gunda1cer`s interurban
Additinn to S•catt.le, as
per plat recordedl in
volwne 14 of Plats on
Page 46, .RC cords of Kinq
County; TCGETHER
SPITi v��.. _>_ci
adinin ng which noon
vacation attachad�to
said property by opera
tion of law
U
1\ strit� ^f: lark lyirg
adjacent and para3.1e1_.
to the rortheaster].y
line of the following
Q
describe; property:
f
The southwesterly 100
feet in width of vacated
Blocks 4 to 9 and 12
to 17, inclusive, of
Gundaker's interurban
Addition to Seattle,
ati pior plat :ecorded
in Volume J.4 of Pl.at:s
on Page 46, Records of
lying County;
TOGETHER WIT-H vacated
streets adjoining which
upon vacation attached
to said property by
operation of lard;
Said strip of land being described as follows:
Beginning at Righway Engineer's Station P.O.T.
(2M) 127 +75.0 on the 2P1 -line shown on the State
Highway Map of Primary State Highway No. 1
/Sr 405) Green Ri�rer Interchange, Sheet 2 of
4 Sheets, established by Commission Res. No.
1192, February 19, 1962; thence northeasterly
at Tight angles to said 2M -line to a point an
the ncrtheeasterly boundary of the above
described property; thence northwesterly along
said northeasterly boundary a distance of 25
feet to the true point of beginning of this
6escription; thence continuing northeasterly
along said northeasterly boundary a dtistance
of 100 feet_; thence northeasterly 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 southw distance of SO
feet, more o;_ less, to the true point of
beginning;
All situate in the City of Tukwila, Coun'cy O
King, State of Washington.
And, subject to an easement recorded under
P,uditor.'s File No. 710127 01.76,
e::c- t:tlerefrom the zeal property conveyed 'Lo Grantee,
City of Tukwila, descrlbe.d as Parccl A and subject
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se; t con e"-. 1 C-rc_ tc-; y r) I I ;cw. i la as zet
fortii as Parcel V aJOve in tti1S -instrument..
It is acknowledg Grantors' xeal proper is
divided into tvo pa one tarcNl being located generally
northwG: ,tarly of So enter Zoulevard, e.rid Liii: parGe1 Oelna
located generally _neascerl.y of southcente..r. Boulevard,
U l Southcenter noule. b`i.ng located oii portion,, of Parcel A
i I
J described herea.enbcve.
O
csB Both of s�...d, rrantors' parcels are referred to herein
G
r` as "Grantors' property" and Grantors' property shall be
benr3fited by the covenants and aa_rccments set forth herein
and as evade by th.e Grantee, City of 'Tuicv *ila, which shall
run wivh Grantors' property, and the buxdcas of said cove-
nants and agreements shall be burdens upon Parcels A and
B, 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 shal.l.be to the benefit of and bindi.nq upon the
Grantors' and Grantee's res-oective 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 e >cpzessly made a condition o� the grant of
re el p:copar. t1 i_nte -=st by Grantors to Gran'c•ce o.s described
in Parcels A and 3 above, are as follows:
1. The pr_ese'ntl e =xist irrigation water line
constructed by Grantee located on Grantors' real prop�--r•ty
located on the north side of Parcel A. above, and
running parallel. to Southccnter Boulevard, shall be re-
loQat by Grantee,- at Grantee's sole cost �tnd expense,
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22
k:-ith.in 90 days of (late hereof to within the area :ascribed
a4- Parcel A.
2. The preoently existing berm and appurte-
nances constructed on Grantors' real property by Grantee,
located on Grantors' property located to the northwest of
parcel A, shall i:, _.tjw*....d by Crantee and reduced to the
grade of 5outhcentei: 6aulevard 'within 90 days of date of
this agreement.
C) 3. GrZ:tee hereby quitclaims and conveys to
O
aD Grantors, to the extent that Grantee has any property
u
interest in sai.3 property, an easement for one ingress and
egress driveway for vehicular traffic no more than 30 feet
in width so 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
pecallels the northwc ;t.e.rly margin of Grantors' real prop-
erty situated northwesterly of Sout Bou.levard, 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 r�zsement driveway is located in an area
30 feet on either side of a point on said Grantors' south-
westerly boundary, to wit._
North 59 32'54" west, 205 feet from the inter-
section of the :enterline of 5outhcenter Boule
vard and the extended said Grantors' south-
westerly boundary line; provided that said
easement driveway -rill not cross or interfeve
with the existing transit stop as constructed
under Local Improvement District No. 25.
Grantee agrees to the same terms and conditions set forth
herein and agrees to execute such documents, instruments
:knd other things necessary or proper to grant such ingress
and eyress easemf4nr d2r;.vc:way between Grantors' real prop-
erty and Interurban Avenue; provided, however, Grantee? is
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ghat i has any .right to grant sLch ingrc s
or caress ca >e:arcnt c3.i:lvoway to Granto::s, but it will take
P.O action ro prav�?nt or pzv.clullc Grantors rom ut
said ngress and' cgr "s& eaSemcnt riches which Grantors mc.
nave.
4. G'r"antois shall. have the right of. ingress and
e jrczs from and to said `vrant•ors' Ye %a_ prupe!;ty parcels
V iocated gcner2ll;r and sot ?theaOterl i' Of Sollth-
f
R center Bouieva::d to, on and upon Southc"enter Boulevard and
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cJ shall have the ric;:,.. to have two curb cups 24 feet in width,
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for access to each parcel off of Southcenter Boulevard to
("i:Ve (.irantor.n' rc :al property looa;ted northwesterly and
southeasterly of sot:thccnter Boulevard, 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 Granto"r"s
participants J.n the final assessment roll of City of
Tukwila LOCa1 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 services when requested, including but not Limited to
regular and specia)" connection charges as set forth in
Chapters 14,04 and 14.16 of the Tu%wila Municipal Code.
61 Grantee agr ^".es that left turns will be pe
mit-ted and authorized by Grantee so that. veh <.ct::lar traffic
using Southeeuter Boulevard can turr; lefc onto G_antorS'
real property located northwesterly of Souchcenter 80.ule-
vard and Southeasterly of Solithcenter" Boulevard; provided,
that the left turn lane will not be located within 3.5.3.3E
feet, north 30 °26'G" east of the intersection of the center
lines of oout Houl.eJar"cl and Inte;.uroan Avenue South.
7
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a c:orldition of this grant that Grantee- continue
to ,lo,, said ].c -.f L turner {:o sziid croperty and small not
]iarforti, authorize or suffer any act that would preclude the
ma] :ir,, of left turns tr_. Grento'r;' real. property =.ern South
center 13culovlr.ci, -.r..i led, and no lane divider or rather
t''iv .cr channels he inSia.Lled on Sout.rl Boole
J� vard that would t•v or impede i 110(•i Oi VCIt1CCila�= 0
•pedestrian t.rafL'iC in 7'tl3}`,inG left i:llrin5 Onto C'i.Cd. ^.tOrS rC? ?1
C)
4 property or the free flow cif traffic and /or pcdcst
C)
n
t
between Grantors' property located northwesterly of South
c( lloul_evu):O t.o the 3outhoa:sterl-,y porti -an, or from they
southeasterly portion of Grantors' proper' -y to the north
w.=sterly portion, provided, that lane dividers and /or curbs
_an be installed within 153.36 feel,, north 30 *26'6" east cf
the intersection or t:he centerlines of Soutec.:enter Boule.vi ;rd
and interurban Avenue South. Grantee will allow a. variance,-
1 n required, for the location of a cur cut for ingress and
egress driveway on Grantors' southeasterly parcel. adjacent
tc Grantors' northeasterly property line.
This DEED MND EASEIV2,,tdT IN LIEU OF CONDEiC -MTION a.nc]
the agreenents, terms, conditions and covenants contained
herein have been entered into between the parties pursuant
to the Findings of Pact and Conclusions of Law azd Approval
of Settlement heretofore or concurrently entered in fling
,:ounty superior Couri Cause Igo. 515176, and the terms,
c�n'ditions and covenants hereof shall be cunsLrued. li;aera.11y
to effecti.iate the intentions and purposes of the parties as
expressed herein.
6
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This insrr.umen.t is executed and agreed to by and be-
tween the parties this 10th day of June, 1477.
r
VBIMJDE A. WELLS
VFL Er.IN, a single woman
to
AGREED AND ACCEPTED: GRANTORS
O
Co CITY OF TG`KWILA, WP.SHINGTON
O
By
EdgaY D. Bauch, Mayor
ATTEST:
Ma/ :ine Znder.son, 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 instrwrent and acknowledged to me that they signed
the same as their oom free act and deed for the uses and purposes
described therein.
GIVLN UNDER my hand a4d seal this i day of June
V OTARY PUBLIC irk and for thcr�.S d_�
of Washington, residing at X -�R.L
STATE OF WASHINGTON
ss.
County of King
On this day personally appaZrn.d hefure me VAL RAIN,
to ma known to be the individual described in and Who executed
M