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HomeMy WebLinkAbout1983 - Sidewalk Agreement - Odell Aden / Odell Rosemary - 8305240889SIDEWALK AGREEMENT THIS INSTRUMENT, executed this date in favor of the City of Tukwila, a municipal corporation "City by the UNDERSIGNED OWNERS of the within described property "Owners W I T N E S S E T H 1. WHEREAS, Owners warrant to the City that they are persons owning a fee- simple interest or having substantial beneficial interest in the following described real property located in Tukwila, King County, Washington "Property Legal Description Lots 21, 22, 23, 24 and portion of Lot 25, Block 9, Hillman's Seattle Garden Tract. 2. WHEREAS, Owners warrant to the City that their interest in the Property includes full power to enter into agreements and covenants which will run with the land, and rfl 3. WHEREAS, Owners have made application to the City for one or more land use, development or building permits, or subdivisions of land, all -as N identified in Planning Department File No. CN -83 -067 for proposed development Ij of the Property, and C�5 QD 4. WHEREAS, the proposed development by Owners will require additional public improvements or services which will benefit the Property, and 5. WHEREAS,'-the City could, .under the circumstances and pursuant to Ordinance No. 1158, as amended by Ordinance Nos. 1217 and 1233, require present construction or contribution toward construction by the undersigned of the following specific public improvement as one of the conditions of approval of said development permit or land subdivision: SIDEWALK, fronting for the full width of Lot 21, 22, 23, 24 and a portion of Lot 25. NOW, THEREFORE, Owners hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that if the City grants the permit or other land use approval for which application has been made by Owners: 1. In the event such sidewalk improvement should be ordered by the City pursuant to the creation of a local improvement district, the Owners understand that the determination of benefit received and calculation of the assessment for the real property herein described may be adjusted to account for any sidewalk improvements contributed by the Owners prior to the form- ation of the local improvement district, having general benefit to the district. 2. In the event such sidewalk improvement should be ordered by the City pursuant to the creation of a local improvement district, the Owners agree to defend and save harmless the City of Tukwila as to any loss, damage or delay suffered by the City as a result of any protest to the formulation of such improvement district, filed by or on behalf of the then owner of the real property described herein. 3. Nothing herein shall be considered as limiting the right of the Owners, pursuant to the provisions and procedures of RCW 35.44.080, to object to the amount of the assessment then proposed to be levied against said real property. 4. Nothing herein shall be considered as in any way limiting the authority of the City of Tukwila to determine the necessity for public improvements nor the manner or method of providing the cost of construction of same. -1- 5. In lieu of the provisions of Paragraphs 1 through 4 above, at such time in the future as said sidewalk public improvement is determined by the City to be needed and is ordered by the City to be constructed, Owners will not oppose the ordered improvement. The Owners shall furnish plans and specifications designed in accordance with requirements of the Tukwila Muhicipal Code and the Public Works Department for said project at their sole expense. Upon review and approval of said plans and specifications by the City of Tukwila Public Works Department, the Owners shall construct said sidewalk improvement and shall provide upon completion of said improvement the final document requirements to the Public Works Department of the City of Tukwila in accordance with the Tukwila Municipal Code (i.e., as- builts, plans, etc.). 6. If the construction of said sidewalk improvement has not been substantially completed within twelve (12) months from the date that the City gave Owners the order to construct the improvement, the City shall have the right to complete said construction. Owners shall reimburse City for all labor, material and other costs incurred in such work. 7. This Agreement shall be recorded in the records of King County and the covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owners, their heirs, successors and assigns, and shall apply "to after acquired title of the Owners of the Property. 8. This Agreement may be amended or modified by agreement between the Owners and the City; provided such amended agreement shall be approved by the legislative authority of the City. Nothing in this Agreement shall prevent the City Council from making such further amendments to any ordinance, including the Zoning Ordinance, as it may deem necessary in the public interest. 9. This Agreement is made for the benefit of the City and for the benefit of the Owners of property within 300 feet of the property, and either the City or any such property owner may institute and prosecute any proceeding at law or in equity to enforce this Agreement. -2- 10. It is further expressly agreed that in the event any covenant or condition or restriction hereinabove contained or any portion thereof is invalid or void, such invalidity or voidness shall in no way effect any other covenant, condition, or restriction hereinabove contained. OF and and the OF The f DATED THIS foregoing Agreement is accepted by the City of Tukwila this STATE OF WASHINGTON) SS COUNTY OF KING On this day personally appeared before me 7 to me known to be the parties described in and who executed the within SIDEWALK AGREEMENT and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS day of STA'= L OF WASHINGTON) SS COUNTY OF KING On this day personally that executed instrument to the be within and the uses and purposes authorized to execute free GIVEN UNDER MY HAND AND DAY OF 19 e3 19,V3 CITY OF TUKWILA OFFICIAL SEAL THIS 3 Notary Public in Washington, residing at 19f 3 Mayor Gary L. Van Dusen DAY and for th'e_S -fate of appeared before me G ctx (-i A 1) iks e>. r to me known to be the of the CITY OF TUKWILA, the corporation foregoing SIDEWALK AGREEMENT and acknowledged and voluntary act and deed of said corporation, for therein mentioned, and on oath stated that they were said instrument. said DAY Notary "Public in and for the State -of Washington, residing at A- t --(/c,--,