HomeMy WebLinkAbout1979 - Property Use and Development Agreement - Schneider Gerald E - 7901050911PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT executed this date in favor of the City of
Tukwila, a municipal corporation of the State of Washington
(hereinafter called "City by Gerald E. Schneider (herein-
after called "Owner
W I T N E S S E T H:
WHEREAS, Owner is the owner in fee simple of the describe&
property in "Exhibit A attached to this agreement (hereinafter
called "the Property located in the City of Tukwila, King
County, Washington; and
WHEREAS, Owner has requested a _re for construction of
a structure or structures upon said property; and
WHEREAS, the City of Tukwila 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 this property, a local improvement district
may at some time in the future be formed for the purpose of
improving the forty (40) foot wide right -of -way adjacent to the
northeast property line, and to improve said right-o`-ways by
grading, filling, paving, providing curbs and gutters, sidewalks,
street lighting, sanitary and storm sewers, water and underground-
ing electrical power lines as deemed necessary; and
WHEREAS, Owner is willing to equitably participate in said
local improvement district in the event it is created and the
improvements are constructed; and
WHEREAS, the use of the property is subject to the terms and
conditions of City of Tukwila ordinance #1041 as passed by the
City Council on October 17, 1977.
NOW, THEREFORE, in consideration of the terms and conditions
contained herein, the parties hereto covenant and agree as follows:
1. In the event the City finds that the creation of a local
improvement district, which will include within its boundaries
1
the subject property to this Agreement, is within the public
health, safety and general welfare, the Owner agrees to parti-
cipate equitably in said LID, hereby waives any right to protest
the formation of any said LID; provided, however, that the im-
provements constructed within said LID especially benefit the sub-
ject property.
2. In the event said Local Improvement District is formed,
and Owner has already constructed at its expense utility lines to
its subject property, which utilities are in conformance with all
applicable federal, state and local laws, rules and regulations,
then any assessment against the subject property in the proposed
Local Improvement District shall not include charges for any such
utilities already constructed and provided by Owner.
#1041 shall remain in effect.
ATTEST:
3. All of the remaining terms and conditions of Ordinance
DATED this
STATE OF WASHINGTON)
ss.
COUNTY OF K I N G
day of December 1978.
ft
l� j `r i f f
Gerald E. Schneider
ACCEPTED:
6 ii
Clerk, City of Tukwila Mayorij City of Tukwila
On this 1 1` day of December 1973, before me personally
appeared Gerald E. Schneider to me known to be the individual
that executed the within and foregoing instrument, and acknow-
ledged said instrument to be the free and voluntary act and deed of
said individual, for the uses and purposes ther mentioned, and
on oath stated that he was authorized t� execute said instrument.
IN WITNESS WHEREOF I have hereunto 0_ hand and affixed
my official seal the day and year first %`abgts`e "Vi'i't.ien:.
NOTAPY PU 3L4_r'` iii an.jfot %the State
SCHNEIDER
PROPERTY USE AND DEVELOPMENT AGREEMENT
EXHIBIT
ItAi
L E G A L D E S C R I P T I O N
That portion of the William H. Gilliam Donation Land Claim
Number 40, in the Southeast 1/4 of Section 23, Township 23
North, Range 4 East, W.M., lying Westerly of the Westerly
margin of Bluff Street (65th Avenue South), as conveyed to
King County, Washington, by deed recorded under Auditor's
File Number 480377, and lying Westerly of the Southerly ex-
tension of said Westerly margin extended to an intersection
with the Southwesterly margin of Macadam Road as located by
King County Survey Number 639 "a and lying Westerly of the
Southwesterly margin of said Macadam Road, and lying North
erly of the Northerly margin of the Renton -Three Tree Point
Road (Number 2649), and lying Easterly of the Easterly mar-
gin of a strip of land 50 feet in width the centerline of
which is described and recorded under Auditor's File Number
7108120429, and lying Southerly of the Northerly line of
that portion of the said William H. Gilliam Donation Land
Claim Number 40, as conveyed to Foremost Dairies, Inc.,
by deed recorded under Auditor's File Number 5088181.