HomeMy WebLinkAbout1993 - Owner's Agreement - Whitney Bros - 9303171769F L o 7Z
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OWNER'S AGREEMENT
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THIS AGREEMENT is made and entered into on rT 3 1992, a
between the CITY OF TURWILA, a Washington municipal corporation
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(hereinafter referred to as "City and WHITNEY BROS (hereinafter m
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referred to as "Owner
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WITNESSETH
WHEREAS, the Owner is the successor in interest of certain real
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properties generally described as Lots 1 and 2 which are legally
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described in Exhibits A and B, and hereinafter referred to as "the
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WHEREAS, the Owner is carrying out the short plat of his
Property, and the Owner anticipates in the future it may carry out
new construction or substantial remodeling and /or connections to the
new storm drainage connections to the existing interceptor line in
South 158th, and
WHEREAS, the development will be in the vicinity of a
Comprehensive Surface Water Management System as defined in the
Nelsen (Nelson] Place /Longacres Way Basin Storm Drainage System
Preliminary Design Report prepared for the City by Kramer, Chin and
Mayo (June, 1988), and
WHITNEY BROS. OWNER'S AGREEMENT PAGE 1
WHEREAS, the development will require additional public storm
drainage systems to accommodate development flows and correct
deficiencies in the existing drainage system serving this basin.
NOW, THEREFORE, in consideration of the mutual benefits and
conditions hereinafter contained, the parties hereto agree as
follows:
1. RESPONSIBILITIES OF THE OWNER
1.1 Future Storm Drainage LID or ULID. Owner acknowledges
&hat future development of these sub divided properties allowed by
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phis short plat will have a cumulative impact on the storm drainage
fa cilities in the area of the Property. The Owner acknowledges
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Rurther that its Property would be specially benefited by
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improvements to the storm drainage facilities. The Owner agrees not
to protest the formation of any Local Improvement District (LID) or
Utility Local Improvement District (ULID) which is formed, in
accordance with the Nelsen [Nelson) Place /Longacres Way Basin Storm
Drainage System Preliminary Design Report by KCM (June, 1988), for
the purpose of storm drainage improvements. Owner agrees that the
storm drainage facilities identified in this report benefit the
Property, and hereby waives the right to protest the formation of any
such LID or ULID; provided, that the Owner retains the right to
contest the method of calculating assessments and the amount thereof
to be levied against the Property.
WHITNEY BROS. OWNER'S AGREEMENT PAGE 2
1.2 Development /Redevelopment usina Interim Storm Drainaae
Svstem or Connectina into Interim Storm Drainaae Svstem in South
158th Constructed by Embassv Suites. As a condition of development
Embassy Suites provided the South 158th storm drain interceptor line
from Nelsen Place (Embassy Suites) to the Burlington Northern
Railroad tracks. As set forth in the Embassy Suites Developer's
Agreement and Latecomer's Agreement, Owner agrees that the storm
drainage line constructed by Embassy Suites Developer will directly
benefit this Property.
Q: Pursuant to Chapter 35.91 RCW, Owner agrees to reimburse Embassy
CC) Suites via the City as provided in the Embassy Suites Developer's
Agreement, Exhibit C, hereto for the purposes of ratably reimbursing
C)the Embassy Suites Developer. This will be accomplished by assessing
the owners of real property located within the benefited area who
have not contributed to the original cost of the interceptor,
constructed by the Embassy Suites Development, in accordance with the
schedule within the attached Latecomer's Agreement, Exhibit D.
Exhibit D identifies the specific cost to the Owner's Property of
$6,846.18. Also, as part of this sub division, the prorated share
will be divided based on square footage into proportionate shares as
follows:
Lot "1 4,956.04
Lot "2" 1.890.14
Each owner will reimburse Embassy Suites via the City of Tukwila for
their separate activities.
WHITNEY BROS. OWNER'S AGREEMENT PAGE 3
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2. RESPONSIBILITIES OF CITY
2.1 The City agrees to pay Embassy Suites all said sums
collected within 60 calendar days after the receipt thereof, less
reasonable cost for administering the Embassy Suites Agreement, until
the total of said payments equals the cost of constructing the
facility less the Embassy Suites Developer's prorated share or when
fifteen (15) years from the date of this Agreement has elapsed,
whichever occurs first.
2.2 Surface Water Management Svstem. City shall exercise
best efforts to proceed with the development, design, engineering and
construction of a surface water management system generally described
as the RCM Study (June, 1988), which will ultimately be incorporated
ti within an LID or ULID specially benefiting the subject Property.
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C` 3. TIME LIMITATION
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The first date the application(s) are received by the City
for a Building Permit and /or Storm Drain Permit, shall be the date
used for purposes of this Agreement. The Owner's obligation to
contribute to Embassy Suites interceptor, identified in Section 1.2
of this Agreement, shall be in effect for fifteen (15) years from
execution date of this Agreement.
4. NON- WAIVER EXTENSIONS
Failure of either party to insist on the strict performance
of the terms of this Agreement shall not be construed as a waiver or
relinquishment of that party's right thereafter to strictly enforce
any such term, but the same shall continue in full force and effect.
WHITNEY BROS. OWNER'S AGREEMENT PAGE 4
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5. BINDING EFFECT
This Agreement shall be binding upon the parties, their
respective heirs, legal representatives, assignees, transferees and
successors. This Agreement runs with the land.
6. RECORDING
This Agreement shall be recorded with the Ring County
Department of Records and Elections, and the cost of said recording
shall be paid by the City.
7. ATTORNEY FEES
In the event that either party shall commence litigation
against the other in order to enforce any term or condition of this
Pte-- Agreement, the prevailing party in such litigation shall be entitled
Q to recover its costs, including reasonable attorney fees.
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8. EFFECTIVE DATE
The responsibilities of the Owner under this Agreement are
contingent upon the issuance of the requested approvals for the
project. No obligation will arise until the issuance of such
approvals. Except as set forth in this section, this Agreement
shall become null and void if the short plat is abandoned by the
Owner or if a completed development application is not filed
by ArzL /S ,19
CITY OF TYKWILA OWN
BY
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WHITNEY BROS. OWNER'S AGREEMENT PAGE 5
By
ATTEST /AUTHENTIC TED: Its
J ne E. Cantu, City Clerk By
Its
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
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M STATE OF WASHINGTON
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I certify that there appeared before me persons that I know or
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have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who
signed this OWNER'S AGREEMENT, on oath stated that they are
authorized to execute the instrument and acknowledged it as the Mayor
and City Clerk of the City of Tukwila, to be the free and voluntary
act of such party for the uses and purposes mentioned in this
instrument.
DATED: ,19
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Notary Public dn and for the State
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of Washington, residing at
My Commission Expires
WHITNEY BROS. OWNER'S AGREEMENT PAGE 6
STATE OF A(W I
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COUNTY OF
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I certify that there appeared before me per/ssoo/n/ that I know or
have satisfactory evidence was
who signed this OWNER'S AGREEMENT, on oath stated he is
authorized to execute the instrument and acknowledged it as the
of
to be the free and
voluntary act of such party for the uses and purposes mentioned in
this instrument. tM
DATED S� AQMZ- 3
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Notary Public in and for the State
of Washington, residing at
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My Commission Expires /1�,
amc:9:whitney
WHITNEY BROS. OWNER'S AGREEMENT PAGE 7
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1, AFTER THE SHORT SUBDIVISION
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The South eighty (80) feet, measured along a line parallel to the
North line of South 158th Street, of the following:
A parcel of land lying within the Henry Meder D.L.C. Number 46,
in Section 24, Township 23 North, Range 4 East, W.M., City of
Tukwi King County, Washington, described as follows_
Beginning at the SW corner of said section 24; thence S 87 48'
34" E along the South line of the SW corridor of said section,
1,110.88 feet to the monumented center line of state road 2 -M
(West Valley Road); thence N 07 42 44" W along said center
line 587.30 feet; thence N 87 08' 00" E along the monumented
center line of South 158th Street 519.25 feet to the Easterly
margin of the Puget Sound Power and Light Company right of way;
thence
N 01 21' 41" W along said right of way 18.08 feet to point
and the point of beginning of said portion; thence N 87 15' 2
E along the Northerly margin of said South 158th Street, 127.95
feet to Westerly margin of the Chicago, Milwaukee and St. Paul
Railroad right of way, thence N 03 34' 46" E along said margin,
273.59 feet; thence S 87 15' 22" W 152.17 feet to said Puget
Sound Power and Light Company right of way; thence Southerly,
along the Easterly margin of said right of way 272.00 feet, more
or'less, to the.point of beginning.
SUBJECT TO an easement for ingress, egress and utilities, over,
across and under a portion of said Henry Meder's D.L.C. Number
46, and government Lot 8 of said section 24; described as
follows':
Beginning at the aforementioned point "A thence N 87 15' 22" E
27.97 feet; thence N 01 22' 20" W 352.00 feet; thence N 08° 22'
19" W 265.00 feet; thence N 23° 36' 31" W 140.00 feet; thence S
66 .23' 29" W'37.57 feet to the Northeasterly margin of said
Puget Sound Power and Light Company right of way; thence
Southerly along said margin 743.02 feet to the true point of
beginning.
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OF SEC. 24-23-4
Land Surveyor's Certificate:
This Short Plat correctly represents a survey made by
me or
under my direction in conformance with the re'audrements of ap-
propriate State statute and has begin properly staked.
Name:
Date. /,0
Certificate No. 65
Map on File in Vault
Direction:
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5524
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EXHIBIT "B
LEGAL DESCRIPTION
LOT 2, AFTER THE SHORT SUBDIVISION
Less the South eighty (80) feet, measured along a line parallel
to the North line of South 158th Street, of the following:
SUBJECT TO an easement for ingress, egress and utilities, over',
across and under a portion of said Henry Meder's D.L.C. Number
46, and government Lot 8 of said section 24; described as
follows:
Beginning at the aforementioned point "A thence N 87 15' 22" E
27.97 feet; thence N 01 22' 20" W 352.00 feet; thence N 08 22'
19" W 265.00 feet; thence N 23 36' 31" W 140.00 feet; thence S
66° 23' 29" W 37:57 feet to the Northeasterly margin of said
Puget Sound Power and Light Company right of way;
Southerly along said margin 743.02 feet to the true point of
beginning.
A parcel of land lying within the Henry Meder D.L.C. Number 46,
in Section 24, Township 23 North, Range 4 East, W.M., City of
Tukwila, King County, Washington, described as follows:
Beginning at the SW corner of said section 24; thence S 87 48'
34" E along the South line of the SW corridor of said section,
1,110.88 feet to the monumented center line of szate
(West Valley Road); thence N 07 42 44" W along said center
line 587.30 feet; thence N 87 08' 00" E along the monumented
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center line of South 158th Street 519.25 feet to the Easterly
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margin of the Puget Sound Power and Light Company right of way;
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thence
N 01° 21' 41" W along said right of way 18.08 feet to point "A",
and the point of beginning of said portion; thence N 87 15' 22"
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E along the Northerly margin of said South 158th Street, 127.95
feet to Westerly margin of the Chicago, Milwauhee and St. Paul
Railroad right of way, thence N 03 34' 46" E along said margin,
273.59 feet; thence S 87 15' 22" W 152.17 feet to said Puget
Sound.Power and'Light Company right of way; thence Southerly,
along the Easterly margin of said right of way 272.00 feet, more
or less, to the point of beginning.
Less the South eighty (80) feet, measured along a line parallel
to the North line of South 158th Street, of the following:
SUBJECT TO an easement for ingress, egress and utilities, over',
across and under a portion of said Henry Meder's D.L.C. Number
46, and government Lot 8 of said section 24; described as
follows:
Beginning at the aforementioned point "A thence N 87 15' 22" E
27.97 feet; thence N 01 22' 20" W 352.00 feet; thence N 08 22'
19" W 265.00 feet; thence N 23 36' 31" W 140.00 feet; thence S
66° 23' 29" W 37:57 feet to the Northeasterly margin of said
Puget Sound Power and Light Company right of way;
Southerly along said margin 743.02 feet to the true point of
beginning.
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Scale: