HomeMy WebLinkAbout2011 - Ord 2343 - Vacant Land Development Agreement with Wells / Magone - 20110826000079Return Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
I
20 110826000079
CITY OF TUKWIL ORD 135.00
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08/26/2011 09:38
KING COUNTY, WA
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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
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 DFVELOPMF,NT AGREEMENT "Agreement is made and entered into
thist5rday of IL
2011, by and between the CITY OF TITKWA "City a
non charter, optional code Washington municipal corporation, and DUANE A. WELLS
and GERTRUDE A. WELLS, husband and wife; and LARRY MA.GONF,, 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 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- 3 8 3 19-7 and
and
WHEREAS, the parties desire to confirm the rights conferred by the 1977 Deed;
WHEREAS, as the result of settlement negotiations, the City has agreed to vest
the Property to the City's current development regulations, specifically including but not
limited to the City's Shoreline regulations in effect as of January 1, 2009, for a period of
10 years as of the effective date of this Agreement and the other terms of the executed
Settlement Agreement between the parties;
DEVELOPMENT AGREEMENT PAGE I 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
2011 and the City Council approved this Development Agreement by
Ordinance No. L19 on P u5 t L, 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:
M 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 teens 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 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 Develonment. 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 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. 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 Reaulations. 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 Govemine Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
4.2 Recording. This Agreement or a. memorandum thereof shall be recorded
against the Property as a covenant running with the land and shall be binding on and
inure to the benefit of Wells and their heirs, successors and assigns until this Agreement
expires on its own terms pursuant to Section 1.3.
4.3 Interpretation: Severability.
4.3.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.7013.170 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 ADDendices Incornorated. 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 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 Rizhts of Non- Defaultina Partv. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including
without limitation damages, specific performance, or writs to compel performance or
require action consistent with this Agreement.
4.9.3 Attomevs' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
4.10 Term. The Term of this Agreement shall be as set forth in Section 1.3
above. Until such time as the City revises the comprehensive plan or development
regulations which apply to the Property during the Term of this Agreement, the goals of
the comprehensive plan and the development regulations to which the project vests will
continue to apply to the Property following the expiration of this Agreement.
4.11 No Third-Partv Beneficiarv. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their heirs, successors and
DEVELOPMENT AGREEMENT PAGE 5 OF 8
psqi
assigns, No other person shall have any:jikhtof action hased'ikon any:piovis on of this
A ement.
4.12 Interpretation.. This. Agreement has beeii reviewed and revised by .legal
counsel for :both parti'es. and no presumption or rule construing ambiguity
against the
drafter... of the document shall apply to the interpretation or: enforcement of this
Agreement:
4:1.3 Notice. All communications, notices, and demands of any kind .that .a
party under this Agreement requires or desires to give to any other party shall: he' in
vciting and either (i) delivered personall y, b. ii sent facsimile transmission with an
y
additional copy mailed first:. class; or (iii) deposited in the U.S. mail certifed mail.
postage id returnreceipt requested, and addressed as follows:
e prepaid, p
If to the City: City of Tukwila
620:0. SoutheenterBoulevard
Tukwila,_Washington 98188
Attu: Mayor's; Office and
Director of Public Works. and
Director of Cot nity Development
If to Wells: Duane A. Wells
Port Ludlow, Washington y3
Notice: by.hand delivery or facsimile shall be effective upon receipt, provided. that
notice: by tacsimile shall. be accompanied by mailed notice asset forth lierein_and,shall be
evidenced by a machine printed confirmation of successful transmission. If deposited in
the mail, certified mail, return receipt i&qucsled, notice shall be deemed delivered, forty
eight (48) hours .after deposited. Amy party at airy time by notice to. the other }laity n ay
designate a different address or person to which such notice or communication shall be
given,
4,14 Delays. If either party is delayed in the performance of its obligations
under this Agreement due to Force Maje ire, then per rnance of those ohligati:ons`shall
be :excused for the period of delay. For purposes of this Agreement, .eeonoanic:downturns,
loss in value of the Propetty„ inability to obtain or retain financing, do not constitute a
force majeure event,
4.15 Indemnification. Except: as otherwise specifically provided elsewhere in
this Agreement and any exhibits hereto, each party shall protect, defend,. indemnify and
hold harmless the other party and their officers, agents and employees, or any of them,
from Arad against any and all claims actions, suits liability, loss, costs; expenses, acid
damages of any nature whatsoever, which are caused by or result froin:.any negligent act
or omission of the party's own officers, agents, and employees in performing services
DEVELOPMENT AGREEMENT PAGE 601 8
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 Property is a Private Undertaking. Development of
the Property is a private development and the City has no interest therein except as
authorized in the exercise of its governmental functions.
In Witness Whereof, the parties have caused this Agreement to be executed,
effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By: 19-
i Haggert yor'
Dat
ATTEST:
OF/
Christy O'Flaherty, City Clerk 0
APPROVED AS TO FORM:
Atto
DUANE A. WELLS
Date:
DEVELOPMENT AGREEMENT PAGE 7 OF 8
MA
GERTRUDE A. WELLS
Cf C,c :GC�zJ
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
Date:
DEVELOPMENT AGREEMENT PAGE 8 OF 8
GERTRUDE A. WELLS
Date:
LARRY MAGONE, Executor of the
Estate of Val Bain, Deceased
1-7 11 mt
1 Date:
3r� /l
DEVELOPMENT AGREEMENT PAGE 8 OF 8
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The information inc uded on This map has been compiled by Kln� County slaff from a vanety of sources and is subject to change without notice. King
County makes no representations or warranties, express or Implied, as to accuracy, completeness, Umeliness, or rights to the use of such information.
This document is not Intended for use as a survey product. King County shall not be liable for any general, special, Indirect, Incidental, or conseQuential L damages including, but not limited to, lost revenues or lost profits resutling from the use or misuse of the information conlained on ibis map. Any sale of King County
this map or information on this map Is prohibited except by written permission of King County.
Dale: 9/7/2010 Source: King County WAP Property Information (hllp:flwww.metrokc.gov /GISlMAP)
EXHIBIT I
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LEGAL DESCRIPTION:
THAT PORTION OF VACATED BLOCKS 4 AND 17, AND VACATED STREETS ADJOINING
GUNDAKER'S INTERURBAN ADDITION TO SEATTLE, AS PER PLAT RECORDED IN
VOLUME 14 OF PLATS, PAGE 46, RECORDS OF KING COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT HIGHWAY ENGINEERS STATION P.O.T. (2M) 127 Y 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 N0. 1192, FEBRUARY 19, 1962;
THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID 2M -LINE TO THE
SOUTHWESTERLY MARGIN OF VACATED KrWNEDY STREET, AS SHOWN IN SAID PLAT,
AND THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTHEASTERLY ALONG SAID RIGHT ANGLE LINE A DISTANCE
OF 140.00 FEET;
THENCE NORTHWESTERLY AND PARALLEL WITH SAID SOUTHWESTERLY MARGIN OF
VACATED KENNEDY STREET NORTH 59 WEST TO THE EASTERLY BANK OF
THE GREEN RIVER;
THENCE SOUTHWESTERLY ALONG SAID BANK TO THE SAID SOUTHWESTERLY MARGIN
OF VACATED KENNEDY STREET;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY MARGIN TO THE TRUE POINT
OF BEGINNING;
EXCEPT THOSE PORTIONS THEREOF CONVEYED TO THE CITY OF TUKWILA FOR
SOUTHCENTER BOULEVARD BY DEEDS RECORDED UNDER RECORDING NOS.
7410290105 AND 7708040599;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
EXHIBIT 2
DEED AND EASEMENT
1N LIEU OF CONDEMNATIC."m
01 DUANE A. W .1 :LS and GERTRLIDE A. WELLS, his wife, and
ci) VAL a sinr,le woman, hereafter referred to collectively
R
as "Grantors in cons idi_.. t i.on o` settlement of an inverse
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r__ condertmation action in 10ng County (:auz;e No. 815176, do
hereby quitclaim and convey to Citv of Tukwila, a muiicipal
corporation, Gran•ge., the real property and easement inter
c:c;t. ljoreafuc_r dc-tscrihed as Parcels, A and B, situate in the
C O ,,,t, Of X4 rig, State of Washington, including any after-
acquired title.. on the express terms and conditions as set
forth herein, as follows.:
PARCLL IN (Street and sidewalk parcel).
Grantors quitclaim and convey to Grantee- the follow
ing :real property for a puLlic road sidewalk, curbs,
gkatte. underground water, sanitary sewers, power, gas and
telephone utilities, subject to easement recorded under
Auditor's F'51e No. 710127-0176 and subject to easements and
restrictions of record, described as follows!
viat portion of vacated blocks 4 to 9 inclusive
and blocks 12 to 17 inclus ivc ;of Gundaker's
interurban Additio 'Co Seattle (Vacated)
according to the plat recorded in Volume 14 of
Plats, Page 46, in King County, Washington,
together with. vacated streets adjoining which
.2pon vacation a to said property by
operation of law, described as follows:
Beginning at the intersection of the centerline:
of. Interurban Avenue South and Southcenter Boule-
vard at t Highway Station 127+75 on the
LPG -mine; thence Nor•Eh 30'27'06" East 78.36 feet,
more or lee.;; to the south line of Kennedy Stree'
as dedicated in the plat of Gundaker's :interurban
Addition to Seattle, being the A point of
1% r FXC1SE'TAh,' NOT REQUIRED
Kin' CO. Rew'6s otyision
Y
Deputy
EXHIBIT 3
beginning; thence South 59 East along
said South 1 1 1argin.29 :Feet; thence North
30 °27 East 100 feet; thence North
59 °3.2'54" West 48 feet; thence North 30 °27
East 50 ft.e t; thence North 59 1 32' 54" .r t
13 feet; thence Sough 30 1 27'05" West 150 feet
to the South .l.i c of said Kennedy Street;
thelice South ;9 1 32 1 54" East along said South
32 ieet, morn or less to the poiilt of
beginning.
The Grantee agrees .:teat the landscaping requi.remeRts that
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Grantee's ordinances :,jay require, as they of -fect the Grantors'
northwesterly pare:-`:. of land, shall include as a part of the
Grantozs' landscap)-na requirements the northwesterly two feet
of said Parcel A in computing whether Grantors have satisfied
their landscaping requirements and any trees installed by the
Grantee shall be considered by Grantee in determining whether
Grantors have met all or part of their landscaping. requirements.
PARCEL B (Utility easement)
Grantors convev and cTuitcl.aim to Grantee a permanent
easement to Grantee over under, through and across the
rollc;ai.•..q real property:
That portion of vacated -blocks 4 to 9 inclusive
and blocks 12 to 17 inclusive of G-andaker's
Interurban Addition to Seattle (Vacated) accovd-
ing to the plat recorded in volume 14 of Plats,
Page 46, in Bing County, Washington, together
with vacated streets adjoining :rnich upon vaca-
tion attached to said property by operation of l:s
described as follows:
Beginning at the intersection of the centerline
of Interurban avenue South and Southcenter
Boulevard at Washington State highway Station
127 +75 on the 2M .Line; thence North 30 ^5"
East 78.36 feet, more or less, to the Soucil
line of Kennedy Street, as dedicated in the
plat: of Gundaker's Interurban Addition -to
Seattle, being the true point of beginning;
thence South 59 32'54" East along said :south
margin 43 feet; thence Alorth 30 1 27 1 06" East
100 feet; thence North 59 0 33'54" 4lest 14 feet;
thence South 30 0 27'06" Ea.,t 100 feet to the
South line of said Wennedy Street; thence
Morth 59 °32'5'" West z:lcng said South lino 29
fer-_t to the point of beginning.
2
Said casement is a utility easement only, and Grantee shall
have the right to install, maintain, repair and replace
underground utilities including water, sanitary sewer;,
power, gas anO telephone lines. ro permanent structures or
r
permanent obstructions shall be erected or suffered on said
easement area by or under Grantee, and no permanent structure
of egulipment shall-be above ground surface except f or f ire
hydrants or other stru:7;..tres necessary to the maintenance
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and operation of the uti_'itiez; provided, however, the above
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ground utility structure-., and landscaping, if any, shall not
be located within Grantors' ingress and egress driveways
Grantors' real. property. shall have the
full right to �tilize said easement area in any r...tanner not
inconsistent with Grantee's use, and to cress same with
utilities necessary to serve Grantors' real property, and
!ihall have access over, through and across said easement
area for ingress and egress to Grantors' real property end
for Grantors' uicilities, 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
a
provided, that following any such work, Grantee shall, to
the extant reasonably practi,cable, restore the right of way
to the condition it was iinmedivtely priur to such 1
Grantor m undertake any ordinary improvements to the
landscaping of the right of x-ray provided that no trees, plants,
or other improvements, shal• be placed thereon which would
be unreasonably expensive or impractical for Grantee to
remove and restore.
3
L is a deocription of the Gr antors' dominant
11�
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estate as 1 0y the i'.i?i111I:, con(!D'_ions ?nd Covenants
of this Deea and Easement:
The southwes- 1 ce.rly 100 feet. in width of vacated
Blocks 4 to 9 and 12 to 17, inclusive of
Gundaker`s lnterurb =_;r. Addition to Seattle, as
per plat recorded in Vol-Lune 11 of Plats on
Page 46, Re-co. -ds of Icing Countv; TCGETHEr l
adjoin.ng which upon
vacation attached to said property by opera-
tion of 166,
A strip of land lying adjacent and parallel
to the rortheaste_ly line of the following
describe:; property:
The- soutlrwastezly 100 feet in width of vacated
Blocks 4 to 9 and 12 to 17, inclusive, of
Gundaker's interurban Addition to Seattle,
as L :ier plat, recorded in VOlame 14 of _Plat6
on Page 46, :Records of Ring Co
TOGETHER WITH vacated streets adjoining which
upon vacation attached to said property by
operation of law;
Said strip of land being described as follows:
Beginning at Hi ghway Engineer's Station P.O.T.
(2M) 127 +75.0 on the 2?4 -line shown on the State
Highway Map of Primary State highway No. 1
QM 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 oi"I
the nc:.theasterly 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 continuing northwesterly
along said northeasterly boundary a distance
of 100 feet,; thence northersterly'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 southuresterly a distance of 50
feet, more o_ less, to the true point of
beginning;
All situate in the City of Tukwila, County of
Ring, State'of Washington.
And, subject to an easement recorded under
P;sditor.'s File No. 710127- 01.76,
exc- therefrom the real property conveyer'. to Gtantee,
City of Tukwila, described as Parcel. A ai,ove, and subject
4
nt con
to, ease Y L .1 4 1 Z I r I
.miave\ T O G C 0 f T� W? J I a as s e t
:-ortii as I-la rcel G above in this
it i @,cknowlcdged to Grantorol Teal property is
divided into U-jo Pe=els, one parcel being located generally
northwastarly Of Soutacenter Boulevard, alld _�-arcel bk!--ing
located qenera.liy of Boulevard,
ON 5outhcenter Doulcr.-ard being located on portzion,- or= Parcel R
Wn
C:)
described here..-.uiabove,
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CY-) Both of s&."d Grantors' parcels are referred to herein
(L
as "Grantors property" and Grantors' property shall be
benef-ited by the covenants and agreements set forth herein
and as made by the Grantee, City of Tukwila, which shall
run with Grantors' property, and the burdens of said cove-
nants and agreements shall be burdens upon Parcels A and
D, the real property interest heretofore conveyed by
Grantors to Grantee, and shall run against said land. The
burdens and benefits, covn.nants and conditions set north
herein shall- be to the benefit of and binding upon the
Grantors' and Grantee's .respective heirs, successors and
assigns, and shall be deemed benefits and burdens running
with the land, for the benefit of Grantors' real. property
above clescv-ibed.
The terms, conditions, benefits, detriments and cove-
nantg that are expressly made a condition o' the grant of
real p:roparty intpZ=sl- by Grantors to Grantee as described
in parc°_15 3 and B above, are as follovis:
1. The Presently existi irrigation water line
constructed by Grantee located on Grantors' real property
locetcri on ttis north side of Parcel A. above, and
running parallel to Southcenter Boulevard, shall be re-
located by Grantee at Grantee's snle cost and expense,
5
within 90 (lays 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 rrn Grantors' property located to the northwest of
Parcel A, sh.a11 by Grantee and reduced to the
grade of 5outhcentei: Boulevard within 90 days of date of
01- this agreement.
3. Gro,, tee hereby quitclaims and conveys to
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CXD Grantors to the extent that Grantee has any property
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j� interest in said property, an easement for u!,e. 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
parallels the north; =cste.rly margin of Grantors' real prop-
erty situated northwesterly of Southcenter Boulevard, the
exact loc=ation 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- l
westerly boundary, to wit._
North 59 1 3254" west, 285 feet from the inter-
section of the ;enterllne of Southcenter Boule-
vard and the extended said Grantors' south-
westerly boundary line; provided that sari
easement driveway will not cross or interfere
with the existing transit stop as ccnstructed
under Local Improvement bistriut No. 25.
Grantee agrees to the same terms and conditions set forth
herein and agrees to execute such documents, instruments
acrid other things necessary or proper to errant such ingress
and egress easement driveway between Grantors' prop-
erty and Interurban Avenue; plovicled, however, Grantee is
6
that i'L has any right to grant such ingress
or cyrcs5 ease. el.rivcway to G.rantors, lbu• it will take
no action zo prL-vent -jr prfaclude Grantors froin utilizing
said ingress and' egress easement richts which Grantors ma
have.
4. r,;j:antors shall have the right of ingress and
egr from and to said ("rantors' real pzopeYty parcels
1 c z <.,j generzil northi•, and southeasterly of South
center Boulevard to, on and upon Southcenter Boulevard and
i Cl CU shall have the rich to have two curb cuts 24 feet in width,
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r- for access to each parcel off of Southcenter Boulevard to
-.(-.rve Grantors' r-actl property located northwesterly and
southeasterly of sr-), Boulevard proviclea that said
L curb cu .•s are not located within an area 30 feet from the
northwesterly margin of Interurban Avenue.
5. There will be no assessment made to Grantors
as parti-ipants in the final assessment roll of City of
Tukwila Local Improvement District No. 25. Grantors shall
pay such other standard charges for water and sewer as are
charged against property owners for use of such improvements
and services when requested, including but not limited to
re gular and sp6cial connection charges as set forth in
eq
Chapters 14.04 and 14.16 of the Tukwila Municipal Code.
i 3i 61 Grantee agrges that left turns will be per
mitted and authorized by Grantee so that. veh.!-- traffic
using Southcenter Boulevard can turn left onto Grantors`
real property located northwesterly of SoutbcentaT Boule-
E, vard and southeasterly of Solithcenter Boulevard; provided,
that the left turn lane will not be located within 153.36
U feet, north 30*26'G" east of the intersection of the center-
lines of Southcenter boulevard and Interurban Avenue South.
1h
Tt cood-ition of this grant that Grantee continue
to ano sai6 le turns to said vzoperty and shall riot
bierform, authoi:. or .,offer any act tjjilt would preclude the
ziiaking of ie turns Lo Grantors I -real. property South
center Bcul.evarci, as s.ciFied, and no lane- divider or other
div.;6e- cr chzznnels ne -installed on Sout. Bol-lle-
vard that would or impede the. LIow of vehicular or
pedestrian traHic in makinq left f-urns onto Gtantors' real
pi-operty or the free flow of traffic and/or pqdestrians
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I betw-2er; Grantors' property located northwesterly of South-
cent---r to the southeasterly portion, or trom the
southeasterly portion of Grantors' property to the north-
w-�!sterly portion, provided, that lane dividers and/or curbs
-z-ar. he installed within 151 feet, north 30026 east all
the intersection of the centerlines of Southcenter Boule•
and interurban Avenue South. Grantee wi!L allow a. variance,
it required, for the location of a curb cut- for ingress and
egress driveway on Grantors' southeasterly parcel. adjacent
t
tr- Grantors' northeasterly property Line.
This DEED &ND EASEMF14T IN LIEU OF CONDEMATION -and
the agreements, terms, conditions and covenants contained
herein have been entered into between the parties pursuant
to the Findings of Fact and Conclusions of Law �-.id Approval
of Settlement heretofore or concurrent entered in King
,,o"nty Superior Court Cause No. 315176, and "he terns,
conditions and covenants hereof'-hall bP construed liberally
to effer.tiAate the intentions and purposes of the parties as
exp-res-,,ed herein.
Ft
Tha.s instrument is executed and agreed to by and be-
tweQn tho parties this 10th day of June, 1977.
Edgale D. Bauch, Mayor
ATTEST:
bma Anderson, City Clerk
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 instrur-ent and acknowledged to me that they signed
the sane as their own free act and deed for the uses and purposes
described therein.
GIVEN UNDER my hand add seal this day of June,
187.7.:
VOTARY PUBLIC id d for thr�� -S
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of Washington, residing ate -o
STATE OF' WASH- TVGTON
ss.
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County vL King
On this day personally appeared before me VAL RAIN,
to me known to be the individual described in and who executed
i