HomeMy WebLinkAbout2018 - Development Covenant - Vintage Housing Development / Raisbeck / Grinstein et al (Vintage@Tukwila Development) - 20180817001048Instrument Number: 20180817001048 Document:COV Rec: S109.00 Page-1 of 11
Record Date:8/17/2018 4:07 PM
Electronically Recorded King County, WA
After Recording, Return to:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Attn: City Clerk
THIS DOCUMENT IS RECORDED
AS A COURTESY ONLY.
FIRST AMERICAN TITLE INSURANCE CO.
ASSUMES NO LIABILITY FOR
SUFFICIENCY, VALIDITY OR ACCURACY
0
Grantor:
DEVELOPMENT COVENANT
Vintage Housing Development Inc.;
James D. Raisbeck, Sherry Raisbeck and Bill Grinstein, Co -
Trustees of the James D. and Sherry Raisbeck Foundation Trust
Agreement dated December 31, 1998
Grantee: City of Tukwila
Abbr. Legal Descr.: Ptn Lots 165-173, Blk 18, C.D. Hillman's Meadow Gardens Add.,
Division No. 2, Vol. 12, Pg. 82
Full Legal on Exhibit A
Tax Account Nos.: 334840-1800, 334840-1810, 334840-1820, and 334840-1860
Related Documents: N/A
This DEVELOPMENT COVENANT ("Covenant") is entered into as of August 17,
2018 by Vintage Housing Development Inc., a Nevada corporation ("Developer") and James
D. Raisbeck, Sherry Raisbeck and Bill Grinstein, Co -Trustees of the James D. and S,herry
Raisbeck Foundation Trust Agreement dated December 31, 1998 ("Owner") in favor of City
ofTukwila, Washington (the "City");
WHEREAS, Owner is the owner of certain real property located in the City of
Tukwila, King County, Washington as more particularly described in Exhibit A and shown on
Exhibit B attached hereto and incorporated herein by reference (the "Property");
WHEREAS, Developer has an option to acquire the Property from Owner, and desires
to construct approximately 247 housing units on the Property (the "Project");
97809157 4 0078096-00055
WHEREAS, to accommodate the development of the Project, on June 18, 2018 the
City passed Ordinance No. 2577, modifying the City's Comprehensive Plan to accommodate
a rezone of the Property, and Ordinance No. 2578, rezoning the Property to High Density
Residential, (together, the "Ordinances") subject to certain conditions; and
WHEREAS, the Ordinances require the recording of this Covenant to memorialize the
conditions of the Ordinances;
NOW THEREFORE, Owner and Developer hereby covenant and agree as tbliows:
1. Covenants of Developer.
1.1. 47th Avenue South, between South Ryan Way and S. 109th Street, and
South 109th Street, between the Property and 47th Avenue South, shall be improved with
curbs, gutters, sidewalks, street illumination, and storm water facilities in accordance with the
City's Infrastructure Design and Construction Standards Manual in effect at the time of
building permit application prior to the issuance of a certificate of occupancy for the Project.
1.2. The sanitary sewer line that serves the Property shall be extended to
47th Avenue South at the time the Project is constructed, in accordance with the City's
infrastructure Design and Construction Standards Manual in effect at the time of building
permit application.
1.3. A westbound left -turn pocket on South Ryan Way to allow for left
turns onto 47th Avenue South and a northbound left -turn pocket on 47th Avenue South to
allow for left turns onto South Ryan Way, shall be installed prior to the issuance of a
certificate of occupancy for the Project
1.4. Developer must apply for a development permit for the Project by
June 23, 2021.
2. Termination of Covenant. This Covenant shall be effective from the date it is
recorded in the official records of King County, Washington. The conditions set forth in this
Covenant shall be deemed satisfied by the City's issuance of a certificate of occupancy for the
Project. The failure to comply with the conditions set forth in paragraph 1 shall cause the
changes to the Comprehensive Plan Land Use Map and the Zoning Map made by the
Ordinances to be void, whereupon the zoning applicable to the Property shall revert to the
zoning in place immediately preceding the passage of Ordinance 2578, and this Covenant will
be deemed terminated and of no further force or effect.
3. Covenant Runs with the Land. Subject to the conditions of paragraph 2, the
covenants set forth herein shall be appurtenant to and run with the land and constitute
restrictions on the Property upon the terms and provisions set forth in this Covenant. This
Covenant shall be binding upon and inure to the benefit of the Owner, Developer, the City,
and their successors and assigns.
97809157.40078096-00055 2
4. No Public Rights or Dedication. Nothing in this Covenant shall be construed
to require the development of the Project or to provide an easement, dedication or other
benefit to the general public for use of or entry upon the Property.
5. Amendment. This Covenant may only be amended by a written instrument
approved by the City and recorded in the official records of King County, Washington.
6. Counterparts. This instrument may be executed in any number of counterparts,
each of which shall be an original, but all of which shall constitute one and the same
instrument.
[Signatures on Following Pages]
97809157.4 0078096-00055 3
IN WITNESS WHEREOF, Owner has executed this Development Covenant as of the
first date set forth above.
Jar4s D. Raisbeck, Co -Trustee of the James D. and Sherry Raisbeck Foundation Trust
Agiment dated December 31, 1998
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
This record was acknowledged before me on 1'1 24) by James D. Raisbeck as
the Co -Trustee of the James D. and Sherry Raisbeck Foundation Trust Agreement dated
December 31, 1998.
DATED:
7,
J111.—
Notary Public
State of Washington
GAYLE A ARMSTRONG
My Appointment Expires May 28, 2019
- a a a
"sr -Nov -or 'MI,- 411,- 'Mr" "Mr MI" 'NMI
(Print Nam6 .
Notary Public for the State of Washington
My commission expires: N
97809157.3 0078096-00055
IN WITNESS WHEREOF, Owner has executed this Development Covenant as of the
first date set forth above.
)
Sherry Raisbed, Co -Trustee of the James D. and Sherry Raisbeck Foundation Trust
Agreement dated December 31, 1998
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
This record was acknowledged before me on ;I\ uic-- 14) ?_! le -;by Sherry Raisbeck as the
Co -Trustee of the James D. and Sherry Rais'.Deck Foundation Trust Agreement dated
December 31, 1998.
DATED: L 2.o I .
..
Notary Public
State of Washington
GAYLE A ARMSTRONG
My Appointment Expires May 28, 2019
et /
(Print Name) I r 1-(-
Notary Public for the State of Washington
My commission expires: 1-/vi,q t `-f
97809157 3 0078096-00055
IN WITNESS WHEREOF, Owner has executed this Development Covenant as of the
first date set forth above.
Bill Grinstein, Co -Trustee of the James D. and Sherry Raisbeck Foundation Trust Agreement
dated December 31, 1998
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
This record was acknowledged before me on i,c)(,).7 r Zv (`_•)) by Bill Grinstein as the
Co -Trustee of the James D. and Sherry Raisbeck Foundation Trust Agreement dated
December 31, 1998.
DATED: Ausr
(Print Name) (//,‘,44..e.-:,
Notary Public for the State of Washington al.)(--,,40
My commission expires: (-5 - -
97809157.3 0078096-00055
IN WITNESS WHEREOF, Developer has executed this Development Covenant as of
the first date set forth above.
VINTAGE HOUSING DEVELOPMENT INC.
a Nevada corpo tion
By:
Name: 14‘1,
Its:
(AAA
A notary public or other officer completing
this certificate verities only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA
)ss.
COUNTY OF ORANGE
On August Vg , 2018, before me, Licby , a Notary Public,
personally appeared Michael K. Gancar who proved tme on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her authorized capacity, and that by his/her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
toulto,
0`,19), LYN Say,/
pccny 11840 • ,,if,"9„e.'e,
WatarY 41..L
oc4tiFoR14,4\t•
".,,Cb*I-rdnue Coos' ,••‘'
,°7 Exp Dec' NN
.10,111`
WITNESS my hand and official seal.
Notary Public in nd for said
County and State
978091.57.3 0078096-00055
IN WITNESS WHEREOF, the City has executed this Development Covenant as of the
first date set forth above to acknowledge its approval of the instrument.
APPROVE AS TO FORM ONLY (CITY):
By: /---\
Name: e
Its:
EXHIBIT A
to
DEVELOPMENT COVENANT
Legal Description of Property
PARCEL A:
LOT 165, BLOCK 18, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY
OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT PORTIONS CONDEMNED BY THE CITY OF SEATTLE FOR TRANSMISSION
LINE PURPOSES IN SUPERIOR COURT CAUSE NO. 469557 AS CONTEMPLATED BY
ORDINANCE NO. 82986;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF
WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED
MARCH 07, 1963 UNDER RECORDING NO. 5552941, RECORDS OF KING COUNTY;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF
WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1 BY RECORDING NO. 5695665;
AND EXCEPT THAT PORTION THEREOF IF ANY LYING WITHIN STREET.
PARCEL B:
LOT 166, BLOCK 18, C.D. HILLMAN'S MEADOW GARDENS ADDITION TO THE CITY
OF SEATTLE, DIVISION NO. 2, ACCORDING To THE PLAT THEREOF RECORDED IN
VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION THEREOF CONVEYED TO STATE OF WASHINGTON FOR
PRIMARY STATE HIGHWAY NO. 1 BY RECORDING NO. 5552940.
PARCEL C:
LOTS 167 TO 170, INCLUSIVE, BLOCK 18, C. D. HILLMAN'S MEADOW GARDENS
ADDITION TO TILE CITY OF SEATTLE DIVISION NO, 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, RECORDS OF KING
COUNTY, WASHINGTON;
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN
OF PRIMARY STATE HIGHWAY NUMBER 1 AS CONDEMNED IN KING COUNTY
SUPERIOR COURT CAUSE NUMBER 597316.
97809157.4 0078096-00055
A-1
PARCEL D:
LOTS 171 TO 173, INCLUSIVE, BLOCK 18, C. D. HILLMAN'S MEADOW GARDENS
ADDITION TO THE CITY OF SEATTLE DIVISION NO. 2, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 82, IN KING COUNTY,
WASHINGTON;
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN
OF PRIMARY STATE HIGHWAY NUMBER 1 AS CONDEMNED IN KING COUNTY
SUPERIOR COURT CAUSE NUMBER 601962.
97809157.4 0078096-00055
A-2
EXHIBIT B
To Development Covenant
0.1111.11.111111,
TAX ACCOUNT NO.:
3348401 1 05
97809157.3 0078096-00055
PARCEL D
TAX ACCOUNT NO::
3348401860-04
. PARCEL C
TAX ACCOUNT NO.:
--- 334840.1 - _ 03
PARCEL B
PARCEL MAP
A-3
1
(