HomeMy WebLinkAbout11-111 - Wells et al for Val Bain Estate - 6700 Fort Dent Way DevelopmentReturn Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
20110826000079
WIE41:!s:18
int or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
... __ "`
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Ordinance 2343 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1. City of Tukwila ,
2. ,
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. 6411(- f4 live. it S , (� .c.1,-tr 1.t oI C to ti.
2. (.. & xJ MQgOrle.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet
assigned N/A
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
ott(ehvIse obscure so pert of the text of the original document as a result of this request."
Signature of Requesting Party
Note to ubmitter: Do not sign above nor pay ditional $50 fee if the document meets margin /formatting requirements
11 -111
Council Approval 8/1/11
Approved by
Ordinance No. 2343
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND
DUANE A. WELLS, GERTRUDE WELLS,
AND LARRY MAGONE, FOR THE
DEVELOPMENT OF 6700 FORT DENT WAY
THIS DFVELOPMENT AGREFMFNr "Agreement is made and entered into
this S 1 day of A A qk 4 <t 2011, by and between the CITY OF TIJKWILA "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 properly
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 [lie
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
WHEREAS, a development agreement must be approved by ordinance after a
public hearing_
WHEREAS, a public hearing for this Development Agreement was held on
'I_kAL +S 2011 and the City Council approved this Development Agreement by
Ordinance No. 9�3Lf3 on uS$ 2011.
J
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:
II. AGREEMENT
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 Scone of Development. Wells proposes to develop a mixed use
development that may include office, retail or restaurant uses.
1.2 Vestine 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; 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- 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 Ontional 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
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 Governinv 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 13.
4.3 Intermetation: Severabilitv.
4.3.1 Intemretation. 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
4.5 Exhibits and Annendices Incuroorated. Exhibits I and 2 are incorporated
herein by this reference as if fully set forth.
4.6 Ileadinas. 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 Takina 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- 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 Beneficiary. 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
assigns. No other person shall "Wle any iighf of based :bpon any provision of this
Agreement.
4.12 I iterpretation. This Agreement: has been reviewed and revised by legal.
counsel for both. parties; and no. presuinptron oc rule constr iiig ambiguity against the
drafter of _the document shall :apply' to the inferpretaton or enforcement of this
Agreement.
4:13;; Notice. All :communications notices and dem y
ands 'of :an kind that a
party ':under_ this, Agreement requires or "desires to give :to: any other party shall be in
wri m and either i delivered (H) sent by facsiniil&, transmission with an
g O personalLy,
additional copy mailed. first. elass� or: (iii) deposited in the. U.S: marl,. certified mail"
pos pi pre paid, return receipt requested, and addressed as fellows:
Jfto'the City: City of Tukwila
620:0- Southcenter Boulevard
Tukwila Washington 98188
Attu- May 's: Off e and'
Director of Public Works. and
Director of Community Development
If to "Wells: Duane A;: Wells
Pont Ludlow, Wasliuigtori
Notice by hand delivery or ;facsimile shall be effecti upon receipt, provided. that
notice: by facsimile shall, be accompanied by mailed notice as forth. herein and shall be
evideinccd by a machine printed, confirmation of successful transmission If deposited in
the ma l,.certified zriail, xeturir:recelpi ri- iicsiCd, notice shall be deenle delivered, forty-
ei btt 48 hoitts aftei de usited. Any at arty fiinle l,y notice to_ the other par ty" iitay
g 1' Y P
designate a different address or person to which" such notice or cornmunicatiou shall be
grv:en.. 4.1 Delays. If either party is :delayed in the performance of it obligations
under this Agreement due to.Foicc.Majeu e, then .Perfosrnance,of those obligations shall
be excused for the period of delay. For p":urpusos of this Agreement, economic downturns;
doss in vaWe of the Property,: inability to obtain or' retain financing, do: not constitute a
force inajeure eyerit.
4.15 Indernnificatioii. Except as otherwise specifically provided elsewhere in
this Agrpoibent and any exhibits hereto, each party shall protect, defend., indemnify and
hold h4mless the other party and their officers, agents,.and employees, or any of Them,
from and against any acid all claims, actions, .suits liability, 1oss, costs; expenses, and
damages of any_uature whatsoever, which are caused by or result frotn..any negligent act
or omission of the party's own: officers agents, and employees in performing services
DEVELOPMENT AGREEMENT PAGE 6 OF 8
y
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.
4.15 Development of the Prouty 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: Gw
i Haggert or
Dat --I
ATTEST:
Christy O'Flaherty, City Clerk a
APPROVED AS TO FORM:
Atto'
DUANE A. WELLS
Date: 4am s
DEVELOPMENT AGREEMENT PAGE 7 OF 8
PJ
GERTRUDE A. WELLS
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
P
GERTRUDE A. WELLS
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
i AP
�t
�L
rP
I'
f
1
5
4�
t
n River
r
r
S ADD uT
Tukwila Park
F
C �F
t
y°
(C) 2010 King County��
S S 4r
The t, afion inc Id on "his may has been compiled by King Counly staff from a vanety of sources and is subject to change without n fnfar o tic e. King I
County makes no representalions or war2nlies, es, s express or implied, as to accuracy, compfelen Gmeffness, or rights fo the use of suer mado n.
This document Is not Intended for use as a survey p oduct. King County shall not be Ilable for eny general, special, Indirect, Incidental, or consequential fn
damages including, but not Itmited to, lost revenues or lost prof is resulting from Iha use or misuse of the information contained on "'s P. Any sale of Kin
his map or lnfortnalion on this map Is prohlblled except by written permission of IGng County g County LV
Date: 9(7/2010 Source: KingCountyWAP- PropertyInformation( hflp: /www.metrokc.gov /GfSfrMkPj
EXHIBIT 1
i
r r'
I
F
C �F
t
y°
(C) 2010 King County��
S S 4r
The t, afion inc Id on "his may has been compiled by King Counly staff from a vanety of sources and is subject to change without n fnfar o tic e. King I
County makes no representalions or war2nlies, es, s express or implied, as to accuracy, compfelen Gmeffness, or rights fo the use of suer mado n.
This document Is not Intended for use as a survey p oduct. King County shall not be Ilable for eny general, special, Indirect, Incidental, or consequential fn
damages including, but not Itmited to, lost revenues or lost prof is resulting from Iha use or misuse of the information contained on "'s P. Any sale of Kin
his map or lnfortnalion on this map Is prohlblled except by written permission of IGng County g County LV
Date: 9(7/2010 Source: KingCountyWAP- PropertyInformation( hflp: /www.metrokc.gov /GfSfrMkPj
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 TN
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
OF 140.00 FEET;
THENCE NORTHWESTERLY AND PARALLEL WITH SAID
VACATED KENNEDY STREET NORTH 59 WEST
THE GREEN RIVER;
THENCE SOUTHWESTERLY ALONG SAID BANK TO THE
RIGHT ANGLE LINE A DISTANCE
SOUTHWESTERLY MARGIN OF
TO THE EASTERLY BANK OF
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
DEED AND RPSEB'[ENT
1N LIEU OF COb1DEMNIAT103N
w_, t ;(,S end GEP,TRLIDE A. SIFLLS, his wife, and
i�
CD VAL o:`IN, a sin�;2-e woman, hereafter referred to collectively
n:;-
C
QC
as "Grantors in cons id*L.•.r o' settlement of an inverse
CJ
condenmation action in Rang County Cause No. 915176, do
hereby quitcl and conve; to City of Tukwila, a muiicipal
corporation, Grantee, the .real property and easement inter
herc:.afle-i:: ditSCrlht!d P.S Pa?:cels A and B, situate in the
County of Ning, State of Washington, including any after-
acquired title on the express terms and conditions as set
north herein, as follows.:
PARC�;r A (Street and sidewalk parcel)
Gran tors qui_f.clai.m and convey to Gran-Lee. the follow-
ing .real property for a puLlic road, side%-alk, curbs,
c;,at.te -s, underground water, sanitary sewers, power, gas and
telephone utilities, subject to easement recorded under
Audi.to:c's S-'jlc No. 710127 0176 and subject to easement-L- 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 Addition. Seattle (Vacated),
according to the plat re-corded in Volume 14 of
Plats, Page 46, in King, County, Washington,
together with vacacec strECts adjoining which
lpon vacation attached to said property by
operation of law, described as follows:
Beginning at the intersection of the centerline
o; interurban Avenue South and Southcenter Boule-
vard at was ;ai.ngton Highway Station 127+15 on the
2N- I,icie; thence Noxth 30 °27'06" East '76.36 feet,
pore or 1e8. to the south line of Kennedy Street
as dedi.catcd in the plat of Gundaker's Interurban
Addition to Seattle, being the true point of
9'lib EXCISE 04, NOT REQU)RE.fl
1 fli rt; -CO. Rucc pis Diyi
Deputy
�
EXHIBIT 3
bec?innina; thence South S9 0 S4" Last along
said South Liargin• 29 :Feet; thence North
30 °27'06" East 1 feet; thence North
59 1 3.2'54" i:rest 48 feet; thence North 30 °27'05"
East 50 fs et; thence North 59 °32' 54" -PTe t
1. 4 feet; thence South 30 ('Jest 150 feet
to the south 1 e of said Aennedy Street;
the)ice Sohn 5-9 0 32 1 54 11 Last along Said South
i.1T:e 32 feet, more ar less to the point of
beginning.
The Grantee agrees ',:hac the landscaping requirt:mr nts that
G
C:0
CD
CO
WE
Grantee's ordin ;+nce.s �iay require, cis they affect the Grantors'
northwesterly pare: of lend, shall include as a part of the
Grantors' landsca.pi: +a requirements the northwesterly two feet
of said Parcel F! irrk computing whether Grantors have sat skied
their landscaping requirements and any trees installed by the
Grantee shall be considered by Grantee in deternining whether
Grantors have- met all or part of their landscaping. requirements.
PARCEL B (Utility easement):
Grantors convey and quitcl.ain to Grantee a permanent
easement to Grantee over under, through and across the
rolla�ui..,q real property:
That portion of vacated blocks 4 to 9 inclusive
and blocks 12 to 17 inclusive of Gundaker's
Interurban Addition to Scattle (Vacated) accord-
ing to the plat recorded in volume 14 of Flats,
Page 46, in Bing County, Washington, together
with vacated streets adjoining :vnich upon vaca-
tion attached to said property by operation of 1;
described as follows:
Beginning at *the intersecticm of the centerline
of Interurban Avenue South and Southcenter
Boulevard at Washington. State Hig..hway Station
127 +75 on the 2M Line.; thence North 30 0 27' 0 5"
East 78.36 feet, more or less, to the South
line of Kennedy Street, as dedi.catzed in the
plat of Gundaker' s 3'r+terurhan Addition to
Seattle, being the true point of beginning;
thence south 59 East along said South
margin 43 feet; thence Morth 30 127'06" East
100 feet; thence North 59 West 14 feet;
thence South 30 0 27'06" Ea.,t 100 feet to the
South line of said xennedy Street; thence
mortlh 59 °32' 5 1 West along said South line 29
feet to the Doint of beginning.
2
Said casement is a utility easf-ament only, and Grantee shall
have the right to install, maintain, .repair and replace
underground utilities including water, sanitary sewers,
power gas anc? telephone lines. Vo permanent structures or
permanent obstructions shall be erected or suffered on said
easement area by or under Grantee, and no permanent structure
of equipment shall-be above ground surface e: :ceps for fire
hydrants or other stru7t:..res necessary to the maintenance
O
IIZT and operation of the provided, however, the above
CO
U ground utility structure and landscaping, if any, shall not
be located within Grantors' ingress and egress d.riveteays
orvinq Grantors' real property, Gza ntors shall have the
full right i: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, thro4gh and across said easement
area for ingress and egress to Grantors' real proper•Ly and
for Grantors' utilities, driveways and landscaping.
Grantee may from -time to time remove trees, bushes or
other 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 :cork, Grantee shall, to
the extent reasonably practi.cahle, restore the right of way
to the condition it was immediately priur to such w_rk.
Grantor meiv undertake any ordinary improvements to the
landscaping of the right of stay provided that no trees, plants,
or other improvements, shat.'_ be placed thereon which would
be unreasonably expensive or impractical_ for Grantee to
remove and restore.
91
`1
ej
_I
9
�i
2
j
i
l ol loi'inci is, a (jF`_criptlon Of the Grantors' doiainant
U7
7
i;_�
r�
Q
(a)
CD
f`
r—
est' to as by t1le ilt ifll! CU:;C 1 i 7_V%5 ;,nld covellant!3
of this Deea and Easement:
Th= scuthwes'- 100 feet in width of vacated
Blocks 4 to 9 and 12 to 17, in c.lu2 ive of
Gundaker's lnterurb_:n Pkdditirn to Seattle, as
per plat recorded in Voltune 14 of Plats an
Page 46, peco:-ds of icing County; TOGETHER
4IT v��: i:• ci e adjoin: ng which upon
vacation atttach•,dto said property by oper.n-
tion of
A strip ^f- land lying adjacent and parallel.
to the rortheaster.y line of the iollowi.ng
described property.
The- southwesterly 100 feet in width of vacated
Blocks 4 to 9 and 12 to 17, inclusive, or
Guneaker.'s Interurban Addition to Seattle,
as per plat, in Volume 14 of Plata
on Page 46, Records of Icing County;
TOGETHER WITH vacated streets adjoining which
upon vacation attached to said property by
operation, of late;
Said strip of land being described as follows:
Beginning at Highway Engineer's station P.O.T.
(2M) 127 +75.0 on the 2T1 line shoc,'n on the State
Highway Map of Primary S•cate Highway No. 1
1 Sr. 405) Green River 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 northwesterly along
said northeasterly boundary a distance of 25
feet to the true point of beginning of this
description; thence continuiny northwesterly
along said nort heasterly boundary a distance
of 100 feet; thence northeasterly at right
angles to said northeasterly boundary a
distance of 50 feet; thence southeaster
parallel to and 50 feet distant from said
northeasterly boundary for a distance of 100
feet; thence southwesterly a dista.ncc of SO
f�•at, more o less, to the true point of
beginning;
All situate in the City of Tukwila, County of
Icing, State'Of Washington.
Ind, subject to an easement recorded under
p,uditor. `s File No. 710127 03.76,
e:•:c_epti.ng therefrom the real property conveyed to Grantee,
City of Tukwila, described as Parcel A above, and subject
4
i
C 4
I V I 2.Zj l-
tc� conve e
ry
%orth as Parcel B above in this
It is acknowledged tM, Grantors reel property i
divided into two parcels, one parcNl being located generally
noi:thw staz.ly of Soutace Ar nter D.)ulevard, etrid L;-,i: parQ-ei beinq
located generally of Southcenter B oul ev ar d,
d,
jj er
Southcenter Doule bAnq located on portions of Parcel A
described here..
C)
v
Both of 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 th-e Grantee, City of Tuk-vrila, which shall
run with G:t:antors' property, and the burdens of said cove-
nants and agreements shall be burdens upon Parcels A and
9, the real property interest heretofore con by
Grantors to Grantee, and shall run against said land. The
burdens and benefits, covenants arld Conditions set forth
herein shall. be to the benefit of z-,Pd 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 terms, conditions, benefits, detriments and cove-
na-ailt-s tba• are expzessly w.aC-ie a condition o-1 the grant of
p-.,roperty intr---est by Grantors to Grantee as described
in Pax A end B above, a-re as follows:
1. The presently existin,) irrigation water line
constructed by Grantee located on Grantors' real property
locatcd on the north eslj side of Parcel A above, and
running parallel. to Southccnter Boulevard, shall be re-
located by Grantee, at Grantee's snJ.e cost and expense,
5
CY-
G`
ZZ
C)
CD
iM
within go days of date hereof to within the area :ascribed
as Parcel A.
2. The presently existing berm and appurte-
nances constructed on Grantors` real property by Grantee,
located on Grantors' property located to the northwest of
Parcel A, sn.all by Grantee ind reduced to the
grade: of Southcente -z aoulevard within 90 days of date of
this agreement.
3. Gr.v :,tee here�_y quitclaims and conveys to
Grantors, to the extent that Grantee has any property
interest in sai9 property, ayt easement for v!je ingress and
egress driveway for vehicular traffic no mere than 30 feet
in width so as to allow ingress and egress on that portion
of Grantors' real property situated northwesterly of South
center BoQlevard to the existing Interurban. Avenue which
parallels the nort 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 :?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 0 32 1 54" west, 2Q5 feet from the inter
section of the ;enterl ne of Southcenter Boule-
vard and the extended said Grantors' south
westerly boundary line; provided that sai.3
easement driveway will not cross or interfe. *_•e
with the existing transit stop as ccnst
under Local Improvement Distrix2t No. 25.
Grantee agrees to the same terms and conditions set forth
herein and agrees to execute such documents, instruments
rsnd other things necessary or proper to grant such ingress
alld egress easement driveway betty -en Grantors' Veal prop-
erty and Interurban Avenue; provided, however, Grantee is
i
6
not w_a ranting that iL
or Qcrrcss
no action to ore vent o:
said ingress and* cqr�is�
has any right to grant such ingress
.rcway to CrztnLors, but it will take
precluac Grantors froin ult.
5 easement richts Which Grantors may
have.
4. Gz:anto•s shall have the right al. ingress and
cq_ro.E,s from and to sa =d Grantors' real prope�ty parcels
i s
ind soL S 01L t
qcnerzIl -.�terly i thea.9terl, o i-h-
center Bouleva):C to, on and upon Southcent Boulevard and
CD
M shal have the rich to have t curb cues 2 feet in width,
C:)
for access to each narcel off of southcenter Boulevard to
s(-.rVe 7.ca]. property located northwesterly and
so of South-center I p:Lovicled thit s&id
cur') cu. are not located within an area 30 feet from the
northwesterly Wargin of interurban Avenue.
5. There will. be no assessment made to Grantors
ag participants in the final assessment roll of City oz"
TI.IkWila 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 services when requested, including but not limited to
regular and special connection charges as se -forth in
Chapters 14.04 and 14,16 of the TUkWila MUilicip&I Code.
61 Grantee agrges that left turns will be per-
mitted and authorized by Grantee so that. voh_ traffic
using Southcenter Boulevard can turn; left onto Grantors
real property located northwesterly of Soutbcentax: Po
vard and southeasterly of Soixthcenter. Boulevard; provided,
that the left turn lane will not be located within 153.3G
feet, north 30 east of the intersection of the cey.ter_
lines of outhcenter Boulevard and Interurban Avenue South.
„a a co,idition of this grant that Crantee e•:? -li continue
to allo, said left turns to said o_opor`y and shhall not
�)en authorize or suffer any act that would preclude the
making of left turns to. Grantor;' real. property -ram Sm.ah-
center Boulevard, z %ci `ied, and no lane divider or other
di.�_cc• s cr channels __-i he installed on Southcenter $oule
7� vard that would or ivpede the LIop: of i chicula:k, or
'pedestrian traffic in makinq left urns onto Grantor_' real
0D property or the free flow of traffic and /or pcdest
f`
between irantor.s' property located northwes of South
Celit•--r Bo1 l'a are to the sotith :i;,tCr portion, or f:rf,m the
southeasterly portion of Grantors' property to the north
4,e!sterly portion, provided, that lane dividers and /or curbs
an be installed within 1.5.'x.36 iC2t, north 30 U'u" east Gi
the intersection of t:he centerlines of SOuthcenter Boullevord
and Interurban Avenue South. GranLee will allow a. variance,
f required, for the location of a curb cut for ingress and
egress driveway on Grantors' southeasterly paroel adjacent
tc Grantors' northeasterly property lane.
This DEED AND EASEMY.14T IN LIEU OF CONDEIIIIATION ;D.nJ
tI•ce agreements, terms, conditions and covenants contained
herein have b. entered into between the parties pursuant
to the Findings of Fact and Conclusions of Law had Approval
of Settlement heretofore or concurrently entered in King
.:aunty Slae.r:ior courc Cause No. 315176, and the terns,
conditions and covenants hereof shall be construed liberally
to effert.lafe the Intentions and purposes of the parties as
exp-ressed herein.
T'i.s instrument is executed and agreed to by and be-
tween the parties this 10th day of June, 1977.
C_
GBRT'F,JDE A, WELLS
0
0—
VAL B;,IN, a single woman
Ln
AGREED AND ACCEPTED: GRANTORS
W
-CITY OF TUKWILA, WP.SHINGTON
CD
r—,
By
Edgak D. Bauch, Mayor
ATTEST:
Ma/,:ine Anderson, City Clerk
STATE OF WASHINGTON
is
ss.
County of King
On this day personally appeared before me DUANE A.
WELLS and GEIRTRUDE A.. 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 same as their oom free act and deed for the uses and purposeg
therein,
described
J
GIVEN UNDER my hand and seal thi.s day of June,
�qq
V �A'A AY PUBLIC j14 and for tk
of Washington, ::te
residing at
STATE OF-WASHINGTON
Ss.
County of King
On this day Personally appeared before me VAL RAIN,
•:0 me known to be the individual described in and %dio executed
Return Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
I
20 110826000079
CITY OF TUKWIL ORD 135.00
PAGE -001 OF 024
08/26/2011 09:38
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Ordinance 2343 2.
3.
4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1. City of Tukwila
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. L>Atkrq— A We —1 1-S 9 Lt dc Wt fl-�
2. L&-rr`i i'1A ->ne—
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number Assessor Tax not yet
assigned N/A
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
ot➢ e�i wise obscure so a p�rt of the text of the original document as a result of this request."
Signature of Requesting Party
Note toNubmitter: Do not sign above nor pay additional $50 fee if the document meets margin /formatting requirements!
Cl of u la
Washington
Ordinance No. ;)3 L
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
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 F THE CITY OATUKWILA, WASHINGTON, at
a Regular Meeting thereof this h day of 1 2011.
ATTEST/ THENTICATED:
Christy O'Fla erty, CMC, City Cork I Hagge ayor�
APPROVED A �O F M BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date: I I
Shelley Kersjqke, C y Attorney Ordinance Number: r-N N
Attachment: Exhibit A Development Agreement
W: Word Processing \Ordinances \Development Agreement -Duane Wells et al
SK:bjs 7 -13 -11 Page 2 of 2
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2343.
On August 1, 2011 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2343: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: August 4, 2011