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HomeMy WebLinkAbout1980 - Developers Agreement - Litho Development / Normed Inc - 8007280474DEVELOPER'S AGREEMENT The City of Tukwila, a municipal corporation in the State of Washington, hereinafter referred to as "CITY" and Litho Development and Research (a /k /a J R Investors) and Normed, Inc., hereinafter referred to as "DEVELOPERS" agree as follows: WHEREAS, Developers are the owners of the following described prope -ties: 1. Litho Development Research Lots 6 through 10 inclusive in Block 4 of Fostoria Garden Tracts Subdivision Blocks 1 -5 in King County 2. Normed, Inc. Block 3 in entirety of Fostoria Garden Tracts Subdivision Blocks 1 -5 in King County located in the City of Tukwila, King County, Washington, and WHEREAS, Developers have petitioned the City for the vacation of the following described portion of right -of -way: zr r— A forty (40) foot wide street identified as 44th Place South, lying between Blocks 3 and 4 in the plat of Riverton, replat Q of Lots 1 to 5, Fostoria Garden Tracts, as per plat recorded c\.I in Volume 13 of plats on page 40, records of King County, f formerly identified as Ruth Street, except any portions Q thereof taken by primary State Highway No. 1, Foster Inter change to South 118th Street located in the City of Tukwila, and WHEREAS, the City desires said right -of -way to be constructed and improved in accordance with certain conditions. NOW, THEREFORE, THE PARTIES HERETO COVENANT AND AGREE AS FOLLOW 1. The Developers agree to maintain the full 40' wide vacated right -of -way and to construct improvements within the full width thereof. The Developers agree also to prevent any encroachment upon said right -of -way. 2. Developers agree to construct, at their sole expense, im- provements to said 40' wide right -of -way consisting of a road, free of any obstructions, on the southerly 30' there- of adjoined by a 5' wide landscaped area on the north edge of said roadway. The said landscaped area shall be adjoined on its north edge by a 5' wide sidewalk. 3. If said improvements, as described in paragraph 2 above, do not meet minimum construction standards for the City of Tukwila, the City may refuse to accept any dedication of said right -of- way. 4. This Developer's agreement shall be recorded and shall be binding upon the heirs, assigns, grantees and successors to this agreement. DATED THIS DAY OF ti 1980 LITHO D OPMEN R ES RCH I BY TITLE 6/E ATTEST: z7 j 7/7/ Clerk, City of Tukwila A /PROVED AS TO FORM: ty Attorney r STATE OF ;,n�'�; "..�.TnvN STATE OF WASHINGTON SS. COUNTY OF KING NORMED, INC. BY TITLE ACC PTED: Maior, City of Tu wi l a APPROVED AS TO ADEQUACY: 6 airman, Publi orks Comm. �1" fr V SS. -et COUNTY OF� (4 G Q On this day personally ppeared before me 7 go c\ RQ.-ltQ -'A. to me known to be the 'L i Qs d N t. respect vely of LITHO DEVELOP- MENT AND RESEARCH, the corporation that executed the foregoing instrument, CD and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL THIS 0 DAY OF M±.(;,- 1980. b 'Notary Public in and for (t ie State o f—kdan=, residing at Pr, et cukci C; =r Q vl On this day personally appeared before me l-,Awre.Ace M .Skc.0 to me known to be the t) icy Pre5i respectively of NORMED, INC., the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL THIS 12, DAY OF au,v Notary Public in and for the State of Washington, residing at, 19S0