HomeMy WebLinkAbout2022 - Voluntary Correction Agreement - Phil Bononcini and Jan Bononcini / City of Tukwila - 20220201000945Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -1 of 32
Record Date:2/1/2022 12:08 PM
Electronically Recorded King County, WA
Return Address:
City of Tukwila - City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98122
Please print or type information WAS
INGTON STATE RECORDER'S Cover Sheet (2Cw65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Voluntary Correction Agreement 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1. City of Tukwila
2. ,
Additional names on page of document.
_
Grantee(s) Exactly as name(s) appear on document
1. Bononcini , Phil & Jan
Additional names on page ___ . of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
HILLMANS MEADOW GARDENS DIV # 1 LESS N P R/W
PLat Bloc.-4—
loc4Plat Lot: 17
Plat
Additional legal is on page _ of document.
Assessor's Property Tax Parcel/Account Number Assessor Mx # trot yet
assigned 3347400810
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or com_pletcness of the indexing information provided herein.
"1 am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 f
he document meets margin/formatting reyuiremet
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -2 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Legal Non -Conforming Lot
Legal Description
Parcel A, Parcel it: 3347400815, Address: 12014 44th PI S
The land referred to herein is situated in the county of King, state of
Washington and described as follows:
Lot 17, 18, and 19, Block 4, C.D. Hillman's Gardens Addition to the City
Of Seattle, Division No. 1, according to the plat there of recorded in
Volume 12 of Plats, page 64, in King County, Washington
Code Enforcement Case #: CE21-0044
Legal Description
Parcel B, Parcel #: 3347400810, Address: Vacant Lot
The following described real estate situated in the County of King, State
of Washington:
Lot 17, 18, and 19, Block 4, C.D. Hillman's Gardens Addition to the City of
Seattle, Division No. 1, according to the plat there of recorded in
Volume 12 of Plats, page 64, in King County, Washington; except that
portion thereof lying within the Northern Pacific Company Right -of -Way.
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -3 of 32
Record Date:2/1/2022 12:08 PM King County, WA
VOLUNTARY C("
E
NA
EE
1ENT
THIS VOLUNTARY CORRECTION AGREEMENT ("Agreement") is .inade and
entered into as of the Effective Date by and between City of Tukwila ("City"), a Washington
municipal corporation, and Phil Bononcini and Jan Bononcini ("Owners") (individually a "Party"
and collectively the "Parties").
RECITALS
WHEREAS, the Owners own the parcel of real property legally described and depicted. in
Exhibit 8, comprised of King County Tax Parcel No 3347400815 and physically located at 12014
44 Place South, Tukwila, Washington 98178 ("Parcel A"); and
WHEREAS, pursuant to Tukwila Municipal Code ("TMC") Chapter 18.70, the Owners
are entitled to use Parcel A to perform: "manufacturing,processing and/or assembling of
previously manufactured metals, such as iron and steel fabrication; steel production by arc melting,
argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses" as
evidenced by the letter attached hereto as Exhibit I) and by this reference madc a part hereof; and
WHEREAS, the Owners also own the parcel of real property legally described. and depicted
in Exhibit B, comprised of King County 'fax Parcel No. 3347400810 and physically located.
adjacent to Parcel A ("Parcel B"); and
WHEREAS, Parcel A and Parcel:13 are zoned .Low Density Residential ("1...,DR"); and
WHEREAS, during the period of the Owner's ownership, City staff observed Parcel B
being used as a "Contractor Storage Yard"; and.
WHEREAS, Contractor Storage Yard is an unpermitted use in the Low Density Residential
District, and, therefore, the conditions observed on Parcel B are a violation of TMC 18.09.010
(Land Uses by District) and TMC Exhibit A - Table 18-6: Land Uses Allowed by District; and.
WHEREAS, the Owners concede the above -referenced violations and desire to avoid
enforcement, monetary fines, abatement and/or other potentially applicable civil and criminal
penalties and remedies by executing this .Agreement, and have fully considered the terms of this
Agreement as well as the consequences of noncompliance as provided herein; and
WHEREAS, the City desires to provide the Owners with an opportunity to achieve code
compliant status with respect to the Property as an alternative to formal code enforcement
proceedings and assessments;
Twk wqo 6200 Sour h center 5o vo d • Tuktv,qc... V98155 206-4334
City of Tukwila -Bon.oneini
Voluntary Correction Agreement
Pagel of 16
bS it ruk,w do WA .
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -4 of 32
Record Date:2/1/2022 12:08 PM King County, WA
NOW, THEREFORE, iu consideration of the f flowing mutual promises and covenants,
the Parties agree as follows:
TERMS
Section 1... Purpose. The purpose of this Agreement is to establish a binding.
contractual relationship under which the parties will address specified code violationsrelating to
the Property by establishing, an enforceable compliance schedule: as an alternative to formal code
enforcement proceedings and/or assessments. Uds Agreement shall be reasonably construed in
furtherance of said purposes.
LQLAdmission Ot Code Violatio:s. The Owners expressiy and voluntarily
concedes and agrees as follows:
A, Parcel is located within the LDR and cannot be used as a "Contractor
Storage Yard" pursuant to TMC 1.8.09.010 (Land Uses by r: istrict) and TMC Exhibit A Table
18-6: Land Uses Allowed by District, unless otherwise permitted by Chapter 18.70 TMC
(Nonconforming Lots, Structures and Uses).
B. The, Owners arc currently using Parcel B as a "Contractor Storage Yard"
by storing the fbllowing materials on said Parcel: heavy equipment; crane, booms, boom guy lines,
hooks, pile drivers; iron pipes and hoses used for pile driving, air compressors, concrete bucket for
cranes, cement slurry machine,. iron "I" beams, pick-up truck bed toolbox, and other equipment
and materials used in the pile driving indusny.
C. PAC.: Exhibit A— Table 18-6: Land 1.1ses Allowed by District does not
permit the Owners to use Parcel 13 as a "Contractor Storage Yard."
D. The noncompliant condition of Parcel 13 is hiwfidly subject to enforcement
under the T'MC Chapter 8,45,
Section 3, Compliance Schedule, The Owners shall take the following remedial and
compensatory measures in accordance with the ninefnmies provided in this section:
A. Within twenty-one (21) days of mutual execution of this Agreement, the
Owners shall complete the following:
Plant wooden stakes ("Stakes) in in the ground on Parcel B. The Stakes
shall be planted along the line marked "Proposed Fence" depicted in
Exhibit C, which is attached hereto and by this reference made a part
hereof, and shall be. planted no more than twenty (20) feet apart. "The
Thkwi fa City Haft 6200 Southcenter Boulevard • Tukwila,. WA 99I38 • 206-433-1SG0 • Website: Tukv.alaWA.gov
City ofTukwila — Bononcini
Voluntary Correction Agreement
Page 2 of t6
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -5 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Owners shall then schedule an inspection with Jim. Toole, City. of
Gode Enforcement Officer,. who will. approve the Stakes if the.
Stakes are properly planted.
ii. After receiving City -approval of the Stakes, erecta fence ("Fence") on.
Parcel B in a linear fashion, along the planted Stakes. The Fence shall
match the existing chain link fence with three (3) strands of barbed wire
attached above the Fence. The Fence shall be located approximately
fifteen (15) feet from the southerly property line located of Parcel B. it
shah be attached to the existing northeasterly .fence line and attached to
the southwesterly fence located approximately forty-five (45) feet
northeasterly of 44th Place South
iii RernOVC all materials and equipment located on Parcel .11 in the areas
identified as "Vegetation Area" on Exhibit C ("Vegetation Area").
Said materials and equipment includes, but is not limitedto, the
following: heavy equipment, crane,booms, boom guy lines, hooks, pile
drivers, iron pipes and hosesused .for pile driving, air compressors:,
concrete bucket kir cranes, cement slurrymachine, iron "I" beams, pick-
up truck. bed toolbox„ and other equipment and materials used in the pile
driving industry.
B, .After erecting the Fence and removing all materials and equipment in the
Vegetation Areas, but no later than forty -live (45) days after mutual
execution this Agreement, the Owners shall complete the following.:
Pre-plantinu Soil Inspection: Excavate two holes in Vegetation
Areas, .measuring 4 ft — by 4 ft by —4 ft in size.. The purpose of
the holes is to determine if the soils in the Vegetation .Areas are
suitable (Or trees and shrubs, One hole must be dug in the area where
shrubs will. be planted, and one hole must be dug in the area where
trees will be planted, as depicted in Exhibit C. After excavating said
holes, schedule., a soil inspection with jim Toole, City of Tukwila Code
Enforcement Officer, and obtain approval from th.e City to 'begin
planting.
If necessary, soils in the Vegetation Area must be prepared for
planting in accordance with BMP "15.13, "Post Construction Soil
Quality and Depth," from the 2019 Washington Department of
Ecology Storrnwater Management Manual for Western Washington, as
it now reads and as hereafter amended, regardless of whether a
stormwater permit is required by the City.
6200 5o thce n f 5 o d WA 98155 256-433-1500 Ve0;it.
City of Tukwila -- Bononci.M.
Voluntary Correction Agreement
Page 3 of 1.6
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -6 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Ph Ming Kequireinents: After receiving, City-a.pproval begin
planting in the Vegetation Arca, plant City -approved shrubs and trees
in the Vegetation Area in a manner depicted in .Exhibit C. Trees and
shrubs must he planted by a certified la„ndscaper: For, all trees and
shrubs, Owners shall ensure that:
a. The trees and shrubs meet the American Standard for
Nursery Plant Stock. (American Nursery and Landscape
Association- ANLA) (ANSI Z60,1), as it now reads and
as hereafter amended, and shall be healthy, vigorous,
and well -formed, with well- developed, fibrous root
systems, free from dead branches or roots. Plants
shall be free from damage caused by temperature
extremes, pre -planting or on-site storage, lack of or
excess moisture, insects, disease, and mechanical
injury. Plants with leaves shall be wel.i. 'Thinned and of
good color. Plants shall be habituated to outdoor
environmental conditions (i.e., hardened -off),
b. ThC root balls of potted and balled and burlapped
("B&B') plants must be loosened and pruned prior to
planting, as necessary, to ensure there are no encircling
roots prior to planting. All burlap and all straps or
wire baskets must be removed from B&B plants
prior to planting.
e. When planting, the top of the root flare, where the roots
and the trunk begin, should be placed at grade, The root
ball shall not extend above the soilsurface and the flare
shall not be covered by sod or mulch,
d. The trees must be in 5 -gallon pots or B&B, with a
minimum height of six (6) feet. If any of the trees
identified in. Exhibit C are not available, the trees can
be substituted with any of the following trees: Grand
fir (Abies grandis) or Sitka spruce (Picea sitchensis).
e. The shrubs must be in 2 -gallon pots or greater, with a
litiffillaUfil height of two (2) feet. Shrubs must be full
and bushy at tittle of planting. All shrubs plantedin
the Vegetation Area must be large varieties, with a
minimum height of six (6) feet tall at maturity.. If any
Of the shrubs identified in Exhibit C are not available,
Tiikwikx City Hail 67200 Sourhce ;sr Be TU.14:1W170. N. 98155 .20,6-432-1.811 Website:
City. ofTukwila Bononcint
Voluntary Correction Agreement
Page 4 of 16
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -7 of 32
Record Date:2/1/2022 12:08 PM King County, WA
the shrubs can be substituted with any of the folk wring
shrubs:
Deciduous shrubs - Red -Osier Dogwood, (Cornus
sericea), Forsythia (Forsythia inuwnedia), Lilacs
(Syringo valgaris), or Pacific Ninebaric (Physoe arpus
capita tus)
Evergreen shrubs — Silverleaf (Eleaegnus sp),
Hinoki-cypress ((hanwecypans °bursa), Exceisa Cedar
(Thuja plicata Excelsa), Excelsa, Evergreen
Viburnurns (rninimum mature height - 12 feet), Pacific
wax myrtle (Ittyrica calrfornica)
Aop_dcchij? Mulcln. After planting the trees and shrubs, place wood
chip mulch that covers the entire Vegetation Area, measuring six (6)
inches to twelve (12) inches in depth. In areas around the planted trees,
leave one (1) foot void around the base of each tree out to the mulch.
In areas around the .planted shrubs, leave one (I) foot void around the
baseof each shrub out to the mulch, Do not install weed barrier cloth
around the trees or shrubs
Insnection of Plautings: Mier completing the necessary planting and
wood chip mulch tasks, outlined Sections 3,B,ii and 3Biii above,
schedule Inspection with Jiro Toole, City of Tukwila Code
Enforcement Officer, and obtain approval of the plantings and wood
chip mulch,
Maintenance of Plantings, After receiving City -approval of the plantings
and wood chip mulch, as outlined in Section 3.B.iv above, the Owners
shall then ensure:
1..Mainternknce.. Trees and shrubs in the Vegetation Area shall be
maintained .for the life of the development. For three (3) years following
planting of the trees and shrubs, Owners shall submit annual, photographs,
every spring and talI, demonstrating health of plantings to J Toole, City
Tukwila Code Enforcement. if any tree or shrub is determined, by the
City or their representative, to be unhealthy or dead within said three (3)
year period, a new tree and/or shrub must be planted, maintained, and
inspected by the. City or their representative for three (3) years from
planting,
ruiiy;ao City hi'a ti • 6.200 SoorixorT¢'er 3ou!vaqi • T"; WA 98183 206-433-1500
City of Tukwila — Bononcini
Voluntary C.orrectinn Agreement
Page 5 of 16
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -8 of 32
Record Date:2/1/2022 12:08 PM King County, WA
it, Irrigation. All plantings required by this Agreement must be served by a
permanent automatic irrigation. system. Submit a proposed irrigation pian
tbr both Vegetation Areas by February 1, 2022 and install a City -
approved irrigation system by April 1, 2022. Upon installation and
approval by the City or its representative, the irrigation system must be
maintained for three (3) years.
iii• Mulch in ysgetation Area. Maintain a minimum of six (6) inches of
mulch over the entire Vegetation Area for the life of the development.
P9,13,1iPg
1. Pruning, of trees and shrubs is only allowed for the health of
the plant material, to maintain sight distances or sightlines, or if
interfering with overhead .utilities. All pruning must be done in
accordance with .Arnerican National Standards Institute (ANSI) A-
300 specifications, as it now reads and as hereafter amended.
2, No tree planted by the Owners, or any existing tree, .may he
toppedor removed without prior approval from the City.
3i Trees nay ori..y be pruned to lower their height to prevent
interference with an overhead utilityline with prior approval by the
Director, The pruning must be carried out under the direction
of an ISA certified arborist. The crown shall be maintained to
at least 2/3 the height of the tree prior to pruning. Otherwise,
trees shall not be topped. illegal topping is subject to
replacement. Additionally, pruning of more than 25% of
canopy in a 36 -month period is prohibited and is subject: to
replacement per TMC Section 18,52,1,30, Table C.
v, Maintena ce of Overgrowth. Owners shall regularly inspect the Fence
and prune all vegetation that hangs over or through the Fence.
vi. Weeds. Grass and itackberries. Remove, by the root, all blackberries,
weeds, and grass inside of both Vegetation Area for the life of the
development. Any herbicide use must follow regulations, must not
damage plantings, and must be approved by the City before use,
11114.11410 Ilal01101111010
c' r 8isi& 206433.1, Tithwita
City of Tukwila Bononcini
Voluntary. Correction Agreement.
Page 6 of 16
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -9 of 32
Record Date:2/1/2022 12:08 PM King County, WA
C. The Owners shall take any and all actions necessary to ensure that Parcels
A. and 13 are maintained and used in a manner that complies fully with all applicable. '1. -MC
provisions, regulatory permit requirements, and this Agreement.
D. 'Th.c correctivemeasures set forth above arc based upon the City's current
understanding of the violations and are subject to change. Additional. or different requirements
may subsequently be required based upon fluffier investigation and/or the results of the above
submittals,
Sectjon. 4, " ler ss Right to StoragcArea. Owners may continue to use the portion of
Parcel R, as depicted on.. Exhibit C, marked "Parcel 13 Low Density Storage Area (Approx. 15
11 x 200 1t)" ("Storage Area") as a -Contractor Storage Yard" as that term is used in TMC
18.09,010 and TMC Table 18-6, .flowever, the Owners rights under this Section shall be
irnrnediately forfeited upon the occurrence of any of the following events:
A. Use of the Storage Area as a "Contractor Storage Yard- is enlarged,
intensified, increased., or extended to occupya greater area of Parcel B than was used on the.
effective date of this Agreement;
B. Use of the Storage Area as a "Contractor Storage Yard" is moved or
extended in WhOiC, or in part, to any other .portion of Parcel 13 not designated as the "Storage
Area";
C, Use of the Storage Area as a "Contractor Storage Yard" ceases for any
reason .for a period of more than six consecutive months, or a total Of 365 days. in a three-year time
period, whichever occurs first; or
D. The construction or erection of any structure on Parcel B.
SS;Cti rk, Right of r:k.ceess and. Insnection Chanted. The Owners hereby consent to
and grant the City or their representative the right to enter, access and inspect Parcel A and Parcel
13 as may be necessary to determine compliance with the. Voluntary. Correction .Agreernent. Said
inspections shah occur at least four (4) times a year (January, April, August, December) for three
(3) years to inspect the trees and shrubs planted per this Agreement. Inspections shall occur during
City business hours, The City shall notify the Owners at least twenty-four (24) hours before each
such entry,
Seen:or:0, City's _Obligations. Upon mutual execution of this Agreement, and in
consideration ofthe Owners' fulfillment of obligations as set forth herein, and except as otherwise
provided in this Agreement, the City shall withdraw the Notice of Violation dated June 7, 2021
(attached and incorporated herein as Exhibit A) as well as the associated penalties, discontinue all
current civil and criminal enforcement proceedings against the Owners„ shall not proceed with
revocation of any current regulatory permit, certificate or approval, and shall not pursue abatement
rukoilo City !loll 2tXY So hceneBoueva,'d • Tu A 98135 •2 0
City ofTukwila Bononcini
Voluntary Correction Agreement
Page 7 of 16
site: TUki�W
JV
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -10 of 32
Record Date:2/1/2022 12:08 PM King County, WA
of the unlawful conditions upon Parcel B. In addition,. after the Owners have completed aH
obligations, outlined in Section 3 above, the City shall provide the Owners with a Certificate of
Compliance that will indicate that all violations of the TMC, outlined in the City Of Tukwila
Violation Notice and Order, dated December 30, 2010, relating. to Parcel.. A and Parcel B., have:
been abated, A copy of said Violation Notice and Order is attached hereto and incorporated herein.
as Exhibit E.
.c.02171 Violations. ti . the event that the Owners breach this Agreement by failing
to fully, completely„ and tim,ely perform any of the conditions, obligations, covenants, and
requirements set forth herein, the City's obligations under Section 6 of this. Agreement shall be
null and void and the provisions of this section shall. instead apply. In such event, the City ma,y in
its discretion proceed with any or all of the following remedies, as well, as any other remedy, claim,
or cause of action authorized by law:
A. The City may enter Parcel 13 and abate all code violations and/or public nuisances
located thereupon, No judicial or other independent authorization shall be required
prior to such entry and abatement. The City shall notify the Owners at least twenty-
four (24) hours before each such entry. Notification may be provided orally or in
writing. All expenses of such abatement shall be charged to the Owners, and may
be collected by civil collection action, assignment to a collection agency, filing a.
lien against the title of the Property and/or any other method in the City's sole
cliscretion,
B. The City may impose and assess against the Owners civil penalties in the amount
of $25000 per day, per violation, for each day the 'violation exists that a breach of
this Agreement exists,
C. The City may initiate civil code enforcement proceedings against the Owners for
violation of any applicable TMC or the 2018 International. Property 'Maintenance
Code (IPMC) provision,
D. The City may initiate criminal code enforcement proceedings against (he Owners
for violation Of any applicable TMC provision or the, 2018 IPMC provision.,
E. The City rnay initiate civil litigation against the Owners for breach of contract
and/or abatement of a public nuisance.
F. The City may initiate civil litigation against the Owners for reimbursement of the
City's expenses in addressing, pursuing, correcting, and abating any violation,
including but not limited to staff time, contractor fees, attorneys' fees, expert
witness fees, and. court costs,
'Jr,/ Hali • 6200 500, thti Bou I:Eva r • viict WA 9S.188 20E-433-1 2iobs1te.: TtiktvdettAgov
City of Tukwila Bononeini
Voluntary Correction Agreement
Page 8 of 16
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -11 of 32
Record Date:2/1/2022 12:08 PM King County, WA
WaiyeLef Flcatirjg,Slaims. Defenses and Objections:, In the event the City
takes any action pursuant to Section 7 and/or otherwise enforces this Agreement, the Owners agree
that they shall be deemed to have waived any and all claims, appeals, legal defenses, and objections
with respect thereto, including but not limited to the defenses of laches, estoppel, and statutes of
limitation.
Section9. Indemnification, "The Owners shall hilly indemnify, protect,: defend and.
hold harmless the City, its officers, employees and agents (collectively referred to in this section
as "the (ity") fromand against any and all claims, injuries, liabilities, costs, losses and causes of
action, including attorneys' fees,arising out of or otherwise connected directly or indirectly with.
the Owner's actions under and/or breach of this Agreement, and any remedial, corrective or
enforcement action taken by the City in response thereto, the Owner's obligations under this
section ex.pressly includewithout limitation any personal injury or property damage arising out of
or connected with the City's entry onto the Pareel„A and Parcel 13 for purposes of inspection,
compliance verification., and/or abatement activities, as well as the disposal of any items or
materials removed from the Property pursuant. to this Agreement.,
Section,. 10. Signatory Warranties. Each signatory to this Agreement represents and
warrants that he or she has full power and authority to execute and deliver this Agreement, on
behalf of the entity or party for which he or she is signing, and that he or she will defendand hold
harmless the other parties and signatories :horn any claim that he or she was not fully authorized
to execute this Agreement on behalf of the person or entity for whom he or she signed,
SeonH Recordini Binding .Effeet. Upon mutual ex.ecution, this .A.greernent have
been duly entered into by the parties, shall constitute as against each. party a validlegal, and
binding obligation and shall be enforceable against each party in accordance with the terms hereof,
This Agreement will be recorded with the King County Recorder's Office, shall be deemed to run
with the land, and shall fully bind all future ownersof the Property.,
Sectio.n 12, Govemin.g Law, Venue and Attorney' Fees. This .Agreement shall be
governed by and construed in accordance with the laws of the State of 'Washington. Venue for
any action arising out of or relating to this Agreement shall lie in the King County Superior Court.
If the City substantially prevails in any litigation arising out of this Agreement, the City shall be
entitled to an award of its reasonable attorneys' fees and costs inclined. therefor,
SectionIntegration: Modification. All exhibits to this Agreement are hereby
incorporated herein by this reference as if set forth in MI. This Agreement, inclusive of said
exhibits, contains the entire understanding between the parties with respect to the subject matter
hereof, and shall not be modified, amended, or terminated in any way, except by a writing signed
by the parties hereto
Seetion 14.. Non -waiver. Failure by the City to enforce a breach of any provision of
this Agreernent shall not be construed as a waiver of that or of any other provision hereunder,
To Cr Heil 6200 Sourhceoter For.),evarci T44wiiG, WA 9
City of Tuk wila— ononcini
Voluntary Correction Agreement
Page 9 of 16
2630 JaOO Wekite 711kwilaWAgov
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -12 of 32
Record Date:2/1/2022 12:08 PM. King County, WA
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of "rukycHa Rononcini
Voluntdr:c Corre.cri,on A greernent
F6001 0 Of 16
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -13 of 32
Record Date:2/1/2022 12:08 PM King County, WA
o:
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fat have saatisfaelory ctabif,le„))..eet its pter's)e.p.
entsti.„)itineryi,..k)ia. path
she aytats )„.i.utth()itite.ei ity ntisti"utineltitit tactk.illt-b).tie„algted it. d the. (
Itt)tayttetitiltnitiotft Diltecti)yrr he (fly' of' e he 't.he Crete and stplitilil.tafyt a.et stucia
d puttpi.).-se.s iften.tionkt!titt in tile insatritineue
RIBED ANL) S \VOR.ls,t Tan ..),zt:•tcyre.
, eft'lle
ay, WY
STATE r WASHINCIO
SS
l.„°): Of
Paint Num.
My Commissioriawires:
Residing
personally am)reared bettoite me Pita Btoilon.ciati,„ as an agent. Ct"..Ji" own.eit's (s.l tfareel
a„ndl 1',ttotid de:clatred thatiw. stqtutietil h rSI.rur311Qa)r. hiS: free.uJstbinnitatryt aet and, ck,e,y1
tat11- the uses and purposes therein mention..e,d..„
SI:I BS( JlBEL) ANL) \k )R\ 1,0 thS
WON
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Print Name
My COMITliSSiW1 expires:
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(.":".if ruk B unon c
v hao Cl..rrection
P•a:.,:c 1 I of 1 6
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -14 of 32
Record Date:2/1/2022 12:08 PM King County, WA
EXHIBIT A
City of Tukwila Notice of Violation and Order, CE 21-044, dated Jne 7, 2.021
YQ C3ty Hui. 620.0 uthte r7te, Lloule-;cid WA 91188 206433-1 1.t.ebs(te: rukr.:';(044,ajoy
City of Tukwila — Bononcini
Voluntary Correction Agreetnent
Page 12 of 16
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -15 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Exhibit A
City of Tukwila
Code Enforcement
June 7, 2021
Joseph L. & Marie 1, firuen helm
375 East Sunset Way
issaquah WA 98027
VI�latIonsI
& Jan 8ononcini
PO Bo.x. 1079
R.ayensdale, WA 98051
Phil & Jan Bononcin
27831 SE 268th St
Ravensdale WA 98051
fe.2qPL,220i11,
File 4: CE21-0044
Violation. Location: Adjacent to, north of
12014 44' pS
Parcel N.: 3347400810
Zoning., Low Density Residential
(LDR)
Present Use: Vacant (Singie-farnily)
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOLINCENTER BLVD, SLATE L00, TUKWFIA, WA 98 . 3 64,31-3671
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -16 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Violation ft' 1 PROHIBITED LAND USE
Code Reference:
Exhibit A Table 18,6: Land Uses Allowed by District
Ffe't
'e'''rcrigig9irig,
f,iiiii
'L.Tiir,a4:01,4r„?;:r.f
C-:rlf•r,
•,,ii(,,s401.0.(014,,,,
4iUI'rCOi,''1:?''',,,i„.i3Oiiiwii*i'M:
i'''''''7'..,,,,,
Ccn ract 5t,ciraite yards
ur tenant a rd
Observed condrtions On May 26, 2021, observed a crane, crane parts:. tower sections, pipes„ caro coritainers,,
& Research: ecology blocks, roof structures, traile,cs, generators, c,:ables, and semi -trailers throughout
the parcel,.
Researching the zoning for this parcel„ it is zoned Low Density Residential (MR). This
zoning does not allow a contractors storage yard,.
Researching King County Department, of Assessments, Lend Use is currently
"Vacant (Single-family)",
Corrective, Action: 1, Remove. ail materials and equipment frorn Parcel 3347400810 which include but not
limited to: crane, crane parts:: tower sections, pipes, cargo containers, ecology blocks,.
roof stri„.ictu res, traders, generators, cables, and semi -trailers. Once removals
completed, the lot must remain vacant, Always maintain the property to this standard
at all times,
2, Once removals completed, block the vacant lot along the south, southeast property
line to prevent future prohibited land use (eg:, ecology blocks, fencing).
3, Discontinue using the property as a contractor storage yard,
Compliance Date: August' 2, 2021
)ata, Present
This is a notice that your property is in violation of the Tukwila Municipal Code, You must complete the corrective
action noted above by the compliance date indicated.
[ FAILURE TO COMPLY WITH THIS ORDER SHALL SUBJECT YOU TO A MONETARY PENALTY OF UP TO
$250 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PURSUANT TO TMC 845A20(2).
- -
Code Enforcement, Officer: .Jirri Toole
Telephone: (206)43:1-3676
Ernail„ jim,toole@tukwilawa.goy
CITY OF TU
IA CODE ENFORCEMENT • 6300 SourrticENTER BLVD, $UTE 100, ILIKWP1A„ WA 93588 • (206)431.-3671,
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -17 of 32
Record Date:2/1/2022 12:08 PM King County, WA
City of Tukwila
Code Enforcement
A
0 •
eal nstructions
A person may, within ten days of being served this notice, .file with the Tukwila City Clerk a
written notice of appeal along with payment of the $300 appeal fee, containing the following:
1. The Code Enforcement case file number;
2.A brief statement setting forth the names, mailing address(es), and legal interest of each of the
persons appeaiing this notice and order;
3, A brief statement of the specific order or action protested, together with any supporting facts;
and
4, A brief statement of the relief sought, and the reasons why it is claimed that the notice and order
should be reversed, modified, or otherwise set aside.
[Any appeal of this Notice of Violation and Order must be hind WITHIN 10 DAYS of being served this
notice. There will be no other opportunity to appeal this order, and noncompliance with this order
may result in further legal action.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • C206)431-3671
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -18 of 32
Record Date:2/1/2022 12:08 PM King County, WA
5.347$.00-"1-118,70
April 1.6, 2021
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, ILIKAP/11A,, WA 98188 * (206011 -3671
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -19 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Legal Desengvon
)
)
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOI„.iTHCENITER BIND, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -20 of 32
Record Date:2/1/2022 12:08 PM King County, WA
,„ q4soriE,
os 28 20 ;, 44
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER 8L,V1, JrL1loo, TUKWILA, WA 981.88•(20(031 -3671
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -21 of 32
Record Date:2/1/2022 12:08 PM King County, WA
EXIMOT 13
Ta .x Parcel Maps of Parcel. A and Parcel B
TtA wi6a City H.ali• 620C Scw.tirce titer Foldevairi Tirkwi( a. WA 98138 206-433-1800 CliebSite;
City of Tukwila.— Bortoncirn
Voluntary Correction Agreement
Page 13 01'1.6
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -22 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Parcel B
Address: Vacant Lot
Parcel #: 3347400810
Zoning: L.DR
Parcel A
Address: 12014 44'" PI $
Parcel #: 3347400815
Zoning: LDR
Current Use: Legal Nonconforming
Contractors Storage Yard
8 0
021
20 02 08 285
TLJst,
"..4:10908590
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -23 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Legal Description
Parcel A. Parcel #: 3347400815., Address: 12014 44th Pi S
The land referred to herein is situated in the county of King, state of
Washington and described as follows:
Lot 17, 18, and 19, Block 4, C.D. Hillman's Gardens Addition to the City of
Seattle, Division No. 1, according to the plat there of recorded in Volume
12 of Plats, page 64, in King County, Washington
Parcel B, Parcel'', 3347400810, Address: Vacant Lot
The following described real estate situated in the County of King, State of
Washington:
Lot 17, 18, and 19, Block 4, 00, Hillman's Gardens Addition to the City of
Seattle, Division No, 1, according to the plat there of recorded in Volume
12 of Plats, page 64, in King County, Washington; except that portion
thereof lying within the Northern Pacific Company Right-of-VVay.
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -24 of 32
Record Date:2/1/2022 12:08 PM King County, WA
EXHIBIT C
J. Toole Plantings and Fence Map
TA.o/ila City Hail 6.200 Sault ze drat Boulevard Tukwila% [4.,l4 93.23S 2064.33-1300 4. Websitc Tokei lia[VA„gov
City of Tukwila — Bonoticini
Voluntary Correction Agreement
Page 14 of 16
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -25 of 32
Record Date:2/1/2022 12:08 PM King County, WA
EXHIBIT C
Vegetior Area
Exr3tvrtg ci•raat
rracar!,
Proposed install,3tion of gate,
This gate von all,aw acc:&ss
the six (.6.a tiees behind this
fence..
IL:flif'70,741144°,,y,
12 ft wide bed
Parcel
ow Density Residt
Storage Area
(Approx. 15 ft. x 2'" fr)
40 ft
15 ft Wide bed
,amel A
• Legal, N "m- Conform log
28 ft
Field verity all rneaSurements.
• • Trees: 2 Douglas Fir (Pseuclotsuga menZiesii) (V), 2 Western Red Cedar (Thula plicata)
WRC),
2 Western Hemlock (Tsuga) (H),
Trees minimum size: 5 -gallon pots or balled and burlapped and mirtirnual 6 ft. in height
Trees must be full, robust, straight, no fork, and roots must be MI and healthy at time of
planting. Plant all trees in the middle of the bed (25 ft width) and approximately 30 ft apart
(trunk to trunk). Cover the entire Vegetation Area with 6 inches of wood chip mulch.
Leave 1 foot void around the base of each tree out to the mulch,
Shrubs: Evergreen, 2 Gold Rider' Leyland Cypress (Cupressocyparis leylandii) (LC) 35 ft ta
x 15 ft wide, 15 ft spacing.
Deciduous, 3 Red -flowering currant (Ribes sanguineum) (RFC), 10 ft tall x 7 ft wide, 8 ft
spacing,
ubs minimum size: 2 -gallon pots or greater and 2 ft in height, minimum
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -26 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Shrubs must be fuU, robust, bushy, and roots must be full and healthy at time of planting.
Plant shrubs in the middle of each bed. Cover the entire Vegetation Area with 6 inches of
wood chip mulch. Leave 1 foot void around the base of each shrub out to the mulch.
Proposed Fence
15 ft is measured from the fence post approximately 20 ft from the building,
28 is measured from the fence post approximately 20 ft from the blinding,
See page 3, Section (C) of the VCA for further information regarding the Vegetation Areas
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -27 of 32
Record Date:2/1/2022 12:08 PM King County, WA
EXHU3IT 1)
City of Tukwila Steve Lancaster Letter, dated June 15, 2006
it0 h • GOO S .!'7 ThC t.ouerud711 W4 981 98 206 3.3. 1, 300' e Vebsce: •rUk
City ofTukwita Bononcial
Voluntary Correction Agreencnt
Page 15 of 16
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -28 of 32
Record Date:2/1/2022 12:08 PM King County, WA
JUN 15
DC.D/PW
June 15, 2006
Pat Tviaiara
Western Cascade
12065 44th Place S.
7,'ukwi a, WA 98178
RE: Pneservation o N
Dc Mra a,
se Rights an L2014 44th Place South
You have asked, for confirmation. that the nonrconfOrrning. rights to perform
Steven .,tiet Muilet, 4a
Steve Livic-a.cter, Director
Atan.44ctlii-hlg processing andlor assembling of previously »1ahz7wrurei metals.,
such as iron steelfabric ; steel prothiction 1-..ry electric arc melting, argon
oxygen refining; and consumable electrode melting; and similar heavy industrial
USW
have not lapsed on the property at 32014 44th Place South.
Based upon your _lime 13, 2006 letter and the lease between PCM Properties and 'Western
Cascade Truck, inc dated May 1, 2000 (a copy of which you previouslyprovided),1 have
determined that the previously established non-corifi7ning rights relating to this property
have not been abandoned,
The above may continue until such time as the site is vacant or a different use is
established for more than six consecutive months or 365 days in a three-year time period,
TMC 18.70.040.
If you have any additional questions or
Steve Lancaster
DCD Director
NG
a e at (206) 431-3670.
Pa.g (11'2 C6/1412006427J7k1 PM.
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -29 of 32
Record Date:2/1/2022 12:08 PM King County, WA
E
City of Tukwila 'Violation. 'Notice. and. Order, RFA 1. 0-537, dated. December 31, 2010
711)0,441'o city A 0:17
620.0 Scenter Eioulevaid 7"6.1A.vii
City of, Tukwila — Bononeini
Voluntary Correction Agreement
Page 16 01'16
MOINNONOWINIONOW
A 90.13,3 206433,1S00 it"ebre: TukAiia140,9ov
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -30 of 32
Record Date:2/1/2022 12:08 PM King County, WA
Return Address,
coty of Tukwila
ATTft Cy Ckd
6200 Sotilhcoutor
Tiriovild„.WA 9.gs
rolo or typo omlimootatIon
N STATE RECORM,ER'S 7.0ver S mt._
tille(s) (or , s milked O bic to sarts .i'sacument
DLA:T,Ioti.JcivILLLE, , 2
4
erence Number(s) of Documents assigned or released:
Additional reference O'o on pap of klocomrat
as nalce(s;, Amcor ,on dc...<ornent
Actritttetrat narne-s, on , c of doc.uncrt
rantee(s) Exactly a..; mimeo) air on document
„Lam
2, FRAUF,NHF.LY., UR I E.,
RONONC N r, JAN
Add' nam son
Lea ,Seri
0.f document
--------
t,r lot, lottx:k, plat t..) sectton, towm,htp, tattget
2011011000101,4 1)01
VARCELO .334740-0795: H ILLMANS M 14 GARDENS 3rV i SELY 33 FT OF 15 4
Additional legal k on 0 of doolmcnt
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax a not yet
aSSigned
AND Al'N 3347L,0-0;95
order will rely on the irbm rovdd onti;;s form te taff wtl notr,zad the r,T17;tnent
or %:timpletenros of the pl)rierti!sinformation provided herein,
c AttditoriR
riot, ustamittcr,
C it Al NUSO rfttg fee (osprey 4 RCW 31WG sad
Cy Ilan 4rd e ustr attb docomen
F rthtnuort baw.by g g tit*, that reto ,,,,,, p
result alibis request"
cover up or
Stgnature of Requesting Pan),
not aign abwec octr pity sutdtatuuttl $50 frcir the document meet( orryarrnoirormsteiin requIrernewto
Instrument Number: 20220201000945 Document:AG Rec: $234.50 Page -31 of 32
Record Date:2/1/2022 12:08 PM King County, WA
ty of ° x
'OdeE jQPr(;4nn,:
y rcPflatrntfr Me 11
trz, 4'VA 98188
-3670
4.31'•:tn!iS
Viol att. n
Notice And Order
Tukwila Municipal Code §
H,4:5.050(D)
Tax pare l rtiusaah a r<.: .. and,
'rraa ph Q.. urnho acad Gni arra L.k rawer,,.,
P1.��.&1raa4n6n1ands C.,.,,rareraatrwzac
1^.1a6 Ore comply wit
nye apphc ah%k. proviso,
art ti 4"tk.;a4 �p^,Ct°;Cd^G vN�«W+ e'Mk R:."n+^ k;%a6c9... �tl4a4
rua^erfinr:, s: ranrX�rr fih ft�.vr.aei{azt .aC r,°rea;.arr€ r
K k 70 N2 NoncarraFeaarrroaca �Sreyy. ti
Gra h
dar i<a6 wnC p ert«.tl n eapa,o1 how asu b ae
htiott Mr ,^@ kr4wtta�w�nroprdr^).
N i. r„xgrrrn. A,Ixe; 4 r,Pki,
y that ovank km: htmr3 by rn r
.0 0.2',40t 0t 00 .4w rtear tum-ce,aerao, v nKra; ossa rsva
CEtar ,sax,rs.ud Ototo,
6'0 k
20110110001 4 2
Instrument Number: 20220201000945 Document:AG R : S234.50 Page -32 of 32
Record Date:2/1/2022 12:08 PM King County, WA
201 oi 1OOO1Q1&Q3
(it rtt) r of; NI. A V SUMr(1" k: 10 A NI:(1.:‘4.El'A C`t' rt'') 5'300 PE P,z
CON 6 ,.;1,.(14 DAY rj t t")f,„, A F;XlIt517.t; 1"P,OVItil,()7:4.55f.,,,TI Itit„?K'FH rAsi 45 ft'2
A pttNert. ette:•hee eeeet thm trt•t, eLF ttyv,ttrt of 016 tuttute, watt the, teitt,t e„,tot eke:elute elferee'he t.,.tittut$W,p,t, the
htHeetee
to htheeette4te, With tteotOt.t. Tte,tt,trt` t,hot Ht.itartag. tighttt't ot "ki,,,:"CAV I', 4444' 44-
etqt,t,uttt teAt,hrtg, Nytt.,,/,t ge,,dttg the n4t.tt,o,,q Artott1lta pttelteeptettelie„ the gee Appeal
3 A hotA 0,14::lne"k ,e0"ing ktrt4,, Ottt' 41t,d tRetti4.1,0 ett eat+ ,tt the, Jpptiltmttt vropv-ty TN,Ove;;ti ttoo
avotzeil Jed mfer,
4 A brcet. ttbattattunt Otot aokm, kogOwr 4h mu., eViethrt eeee OhtS feehltettt
ttupport the cortatttotts of UN APPO4rt 4Pr•ttattvOtt,
5 Ahtt,rf !..,ttop.,,trtom tht rtqw¢ And the tetecetteU eettettethi kheet etetheee ,tetet ,,,thotad
,..twerwd, vrtchirlatti, ,yr ,ittet.dtt;
6 rhe 'eeWeethteee' te4 perttontt natttted. 0,,t,..opp.t.ttlLttkttv. aleir ttfirteml tmtaling,
7 The vera6-xfjon dov6r4tion nder potaalty , 4 rterttry ttatit 4,ppdtant, etee gtee
tethteeti tee OW proA
artptt‘t ftst VP1,4401441, th,I" S 41 ad SN.C.00 Foes riw4.
:ha etef MVO el OKA" eet ,,appkto
V.tifunt tkitpt,41. Ott Vicgabon NC=ftt? end ()rem' ontotitsete 0 Water of kat rtitkas 4'm 4rvy whti6onal 4,44,,4144 7,4 4,4 heoraap:„
taker: nr.,,pona mtay nosmit ihte motto kogingfimmtrofti to the („Ity A aPrney ,tt.t.rliit'the' N'ttm
51 fl ed ... i
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Name. Mari clu o Ye y j fm 206.43 I -36;7f„
MIK: Goth! Ejtzkrrortent )2:fin'A'r : .0 mail tpdativet `ii2c,'„tuVrib, foLia
rodely ei ea tn.' (bet- 1) 2010