HomeMy WebLinkAbout1983 - Property Use and Development Agreement - Stoneway Concrete Company - 8302240529PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT, executed this 22nd day of February
1983, in favor of the CITY OF TUKWILA, a municipal corporation
ee "City" herein), by the STONEWAY CONCRETE COMPANY, INC., a
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Washington corporation "Stoneway Concrete" herein) and
an individual (together
t'7 with Stoneway Concrete "the Owners" herein): ;=.:7-./02/24 T11529 A
RECD F 11_0O
W I T N E S S E T H CAcMcA
WHEREAS, Owners warrant to the City that they are persons
owning a fee simple interest or having substantial beneficial
interest in certain real property located in the city of
Tukwila, county of King, state of Washington, which is more
particularly described in Exhibit 1 attached hereto and
incorporated herein by reference (the "Property" herein);
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;
WHEREAS, Stoneway Concrete, by letter of November 24, 1982,
a copy of which is attached as Exhibit 2, has made application
to the City for a variance of side sewer requirements set forth
in Tukwila Municipal Code section 14.12.030;
PROPERTY USE AND DEVELOPMENT
AGREEMENT (STONEWAY) Pag.e. 1
0115B /DDW
WHEREAS, the City is willing to grant Stoneway Concrete's
petition for a variance to Tukwila Municipal Code section
14.12.030 to allow for the installation of a water closet by a
new side sewer connection to an existing side sewer on the
Property subject to the execution of an agreement with the City
pertaining to certain uses and development of the Property in
the interest of public safety and health;
NOW, THEREFORE, Owners hereby covenant, bargain and agree
on behalf of themselves, their heirs, successors, and assigns,
that the Property will be developed and used subject to the
following terms and conditions:
1. The proposed variance is as described and depicted in
Exhibit 3 hereto and incorporated herein by reference.
2. Stoneway Concrete agrees to pay the standard
connection fee prior to connection.
3. No more than one (1) water closet at the concrete
batch plant may be served by the proposed service connection.
4. If there are any changes made to the above described
use of the service connection or if any future development of
the Property is made requiring additional or different sanitary
sewer service, the connection allowed by the variance shall be
disconnected and abandoned, and any new sanitary sewer service
shall be subject to compliance with the Tukwila Municipal Code
then existing.
PROPERTY USE AND DEVELOPMENT
AGREEMENT (STONEWAY) Page 2
0115B /DDW
5. It being understood that the variance is approved upon
the finding by the City that such action is taken at the time
of approval in the public interest, the Tukwila Public Works
Department may require disconnection and /or abandonment of the
service connection allowed by the variance upon finding of
adverse impact to public safety or health.
6. This Agreement shall be binding upon Owners, their
heirs, successors, and assigns.
7. This Agreement may be amended or modified by agreement
between Owners and the City; provided such amended agreement
shall be approved by the Tukwila Public Works Department after
written notice is made to property owners within 300 feet of
the Property.
8. Nothing in this Agreement shall prevent the Tukwila
City Council from making such further amendments to the Tukwila
Municipal Code with respect to sewers as the Council may deem
necessary in the public interest.
9. The City may institute and prosecute any proceedings
at law or in equity to enforce this Agreement. The City shall
be entitled to recover from Owners reasonable attorney fees and
costs for any action commenced pursuant to this Agreement.
10. In the event any covenant, condition or restriction
hereinabove contained, or any portion thereof, is invalid or
PROPERTY USE AND DEVELOPMENT
AGREEMENT (STONEWAY) Page 3
0115B /DDW
void, such invalidity or voidness shall in no way affect any
other covenant, condition or restriction hereinabove contained.
DATED: February 22,
PROPERTY USE AND DEVELOPMENT
AGREEMENT (STONEWAY) Page 4
0115B /DDS!
1983.
STONEWAY CONCRETE
COMPANY, INC.
By t�4
Its
OWNERS
By C
By
r
STATE OF WASHINGTON
ss.
C O U N T Y O F K I N G
On this date, personally appeared before me R. H. DeBoer
to me known to be one of the individuals described in and who
executed the within PROPERTY USE AND DEVELOPMENT AGREEMENT and
acknowledged that he /Be signed and sealed the same as his /hheT free
and voluntary act and deed for the uses and purposes therein
mentioned.
of
GIVEN UNDER MY HAND AND OFFICIAL SEAL this 22nd day
February
1983.
PROPERTY USE AND DEVELOPMENT
AGREEMENT (STONEWAY) Page 5
01158 /DDW
i °C
s ?J�
/Lf,c" i -t�;
F�o Public in for the State
of Washington, residing at
Tukwila
STATE OF WASHINGTON
ss.
4 COUNTY OF K I N G
rr
On this date, personally appeared before me
to me known to be one of the individual described in and who
OD
executed the within PROPERTY USE AND DEVELOPMENT 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 1983.
Notary Public in and for the State
of Washington, residing at
STONEWAY CONCRETE, INC.
Tukwila Batch Plant Additions
Legal Description
That portion of Government Lot 6 and of the South 1/2 of the
Northwest 1/4 of Section 25, Township 23, Range 4, E W.M. described as
;:_J
Beginning at the center of Sec. 25, Twn. 23, R 4E.,. thence
West along the East -West centerline of the section, a distance of
1054.56 lineal feet to the point of beginning; thence S01 23' -20 "E
along the West margin of the Puget Sound Electric Railway Right -of -way
(P.S.P. L.) a distance of 370.0 lineal feet; thence N 45 10' -30" W
along the centerline of the C.M. St. Paul spur line, a distance of
200.75 lineal feet to the East margin of State highway 5M; thence
N 01 38' -20 "E a distance of 1220.0 lineal feet; thence S- 87 54' -10 "E,
a distance of 74.57 lineal feet; thence 5- 01 23' -20 "E a distance of
994.0 lineal feet to the point of beginning.
follows:
Gentlemen:
INC STONEWAV
Mayor Gary VanDusen
City of Tukwila
6200 Southcenter Boulevard
Tukwila, VA 98188
Attn: Mr. Phillip R. Fraser
P. O. BOX 509 RENTON, WASH. 98055 226 -1000
November 24, 1982
RENTON
TUKWILA
This letter is written appealing relief foam Section
14.12030 of the Tukwila Municipal Code which states that
a side sewer connection cannot be made with one existing
sanitary side sewer.
When the side sewer was run to Charles Ruud's Record
Stationery store on the West Valley Highway, Stoneway
Concrete provided them with an easement to the manhole.
In turn for this a stub was put in the l.ine'on
property outside the asphalt pavement and permission
granted to hook into his line.
The Record Stationery store has two water closets
on this six inch line. Stoneway Concrete has one water
closet that we want connected. The total use is less
than a large single residence. In most areas two houses
are connected to a common six inch line.
The cost of installing the 73 foot 6" line is
approximately $700.00, whereas running to the manhole is
over $4000.00! For one water closet, quite an investment.
I will certify that if any change of property usage
came about and greater side sewer use was needed, that a
new line would be ran to the manhole in lieu of extending
the stub on the Record Stationery line.
our
RHD:sh
Enclosure
Please consider an exception to the Municipal Code.
Sincerely,
STONE'AY CONCRETE
R. H. DeBoer
General Manager
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