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Home My WebLink About1981 - Development Agreement - Fostoria Park Associates / Storseth / Gordon / Peterson / Peterson - 8102250434THIS AGREEMENT executed this date in favor of the City of Tukwila, a munici- pal corporation of the State of Washington (hereinafter called "City FOSTORIA PARK ASSOCIATES, et. al partnership of the State of Washington, Robert E. Storseth, Thomas W. Gordon and Jon C. Peterson (hereinafter collectively called "Owner W I T N E S S E T H: WHEREAS, FOSTORIA PARK ASSOCIATES, is presently the owner in fee of the prop- erty located in the City of Tukwila, described on Exhibit "X attached hereto (hereinafter called "the Property WHEREAS, the City's Department of Public Works has determined that in order to provide for the public health, safety and general welfare with respect to the subject Property and other property located in the vicinity of the Property, one or more local improvement districts (hereinafter called "the Local ILUprovement Dis- trict") may be formed for the purpose of improving S. 134th Street, providing for arterialstreet improvements, and including but not limited to, utilities such as power, undergrounding, sidewalks storm (the undergrounding of storm systems may in- clude a ton storn pipe at the location of the present pitch adjacent to the property line next to S. 133rd Street) and sanitary sewers and water services; WHEREAS, Owner is willing to equitably participate in said Local Improvement Districts in the event one or more such LID is created; NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. In the event the City finds that the creation of a Local Improvement Dis- trict is within the public health, safety and general welfare, and such District or Districts include within its /their boundaries the property subject to this agreement, the Owner agrees to participate equitably in such Local Improvement Districts, and hereby waives any right to protest the formation of said LID or LID's. 2. In the event one or more Local Lmprovement District is formed and Owner has already constructed at its expense improvements to its portion of the street which conform 1Vith all applicable federal, state and local laws, rules and regulations, the Owner shall not be assessed for said improvements already constructed by it, and which are identical to, or compatible with, improvements provided for in said LID. 3. The City will, if all legal and administrative prerequisites are complied with by the Owner, issue the street use and utility permits needed by the Owner for the property. DEVELOPMENT AGREEMENT 5 PO co CD Lf) "v N CD op 4. This Development Agreement shall be recorded, and shall be binding on all parties to this Agreement and their heirs, successors, and assigns. ATTEST: By DATED: Clerk, City of Tukwila App oved as to form: Approved as to adequacy: Department of Public Works STATE OF WASHINGTON ss. COUNTY OF KING On this City Attorney FOSTORIA PARK ASSOCIATES By By ACCEPTED: Mayor, City of Tukwila day of i -mac.t 1981 personally appeared and to me knot) to be the rkcL._Lc respectively, of Fostoria Park Associates, the corpora:thb' that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporat-Ion for the uses and pur- poses therein mentioned, and on oath stated that they were authorized to execute said instrument. Notary Public in and for the State of/Washington residing at Kirkland Page 2 LEGAL DESCRIPTION EXHIBIT "X" Tracts 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, except portion of Tract 16 conveyed to the State of Washington by deed recorded under Auditor's File No. 5721821 and except portion of Lot 17 conveyed to King County for road purposes by deed recorded under Auditor's File No. 1006280; and except portion conveyed to State of Washington for Primary State Highway No. 1 by deed recorded under Auditor's File No. 5712570. More particularly described as follows: Those portions of Lots 16 and 17, Fostoria Gardens Tracts, according to the plat recorded in Volume 9 of Plats, Page 95, in King County, Washington, more particularly described as follows: BEGINNING at the Southwest corner of said Lot 16; THENCE S 45 °44'45" E, 172.63 feet along the Northeasterly margin of So. 135th Street; THENCE S 66 °16'10" E, 104.10 feet along said margin of S. 135th Street; THENCE N 41 °44'57" E, 827.31 feet along said Southeasterly line of Lot 16 to the Northeasterly corner of said Lot 16; THENCE N 48 °15'03" W, 61.40 feet along the Northeasterly line of said Lot 16; THENCE S 41 °44'57" W, 19.50 feet; THENCE Northwesterly 68.65 feet along the arc of a curve to the right, having a radius of 185.80 feet, the radius point of which bears N 41 °44'57" E, through a central angle of 21 °10'15 THENCE N 27 °04'48" W, 19.26 feet to the Northeasterly line of said Lot 16; THENCE N 48 °15'03" W, 125.00 feet along said Northeasterly line of Lot 16 to the corner common to Lots 16 and 17; THENCE continuing N 48 °15'03" W, 115.97 feet along the Northeasterly line of Lot 17; THENCE S 89 °57'57" W, 208.18 feet along the Southerly margin of Relocated So. 133rd Street to the Northwesterly line of Lot 17; THENCE S 41 °44'57" W, 521.00 feet along said Northwesterly line of Lot 17 to the Northerly margin of S. 135th Street; THENCE S 29 °18'21" E, 91.43 feet along said Northeasterly margin of S. 135th Street; THENCE S 05 °51'32" W, 196.92 feet along the Easterly margin of said S. 135th Street; THENCE S 45 °44'45" E, 69.35 feet along the S. 135th Street to the POINT OF BEGINNING. Subject to easements as contained in deeds 7405140498, 5164175 and 7801040431. Northeasterly margin of said recorded under Auditor's File No.