HomeMy WebLinkAbout2025 - Development Agreement - Archdiocese of Seattle / City of Tukwila - 20250328000359Instrument Number: 20250328000359 Document:AG Rec: 5317.50 Page -1 of 15
Record Date:3/28/2025 10:55 AM
Electronically Recorded King County, WA
Return Address:
City of Tukwila - City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98122
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Development 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. Archdiocese of Seattle
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
PORTION OF SW OTR NW OTR STR 36-23-04 DAR BEGINNING AT NW
CORNER OF SEC 36 T1I SOI -19-01 W
Additional legal is on page 10 of document.
Assessor's Property Tag Parcel/Account Number Assessor Tax ## not yet assigned
3623049087
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to verify the accuracy or completeness of the indexing information provided herein.
"I 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
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Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -2 of 15
Record Date:3/28/2025 10:55 AM King County, WA
VIETNAMESE MARTYRS PARISIf SCULPTURE
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (-*Agreement") is entered into this _G� (lay of
AQVg n 1094 ("Effective Date"), by and between the City orTLikwila ("City"), a Washington
municipal corporation, and the Archdiocese of Seattle ("Owner-), a 501(c)(3) non-profit
organization, pLirSLIant to the authority of RCW 36.70B. 170, et seq. and Chapter 18.86 of tile
Tukwila MUnicipal Code, and in consideration Of the mutual benefits to be derived. The City and
Owner are referred to collectively as the "Parties" and individually as a "Party."
WHEREAS, RCW 36.7013.170, et seq. and TrVIC Ch. 18.86 authorize development
agreement,; between the City and persons having ownership or control of real property in order to
establish development standards to govern and vest the development, LISe and mitigation of real
properties; and
WHEREAS, the site of this development is on the property of the Vietnamese N/lartyrs
Parish, located in the southern portion the Tukwila Urban Center (TUC), between South I 80th
Street and the Green River: and
WHEREAS, the proposed development is for the construction of a decorative sculpture lip
to 56 feet in height (the "Sculpture"); and
WHEREAS, this site lies within the TUC Workplace District, which is comprised of "a
wide range of distribution, warehousing, light industrial. 'big box' retail, and furniture outlets,
with incremental infill by office and other complementary commercial uses."
WHEREAS, under the Tukwila Zonino, Code. the InaXiMLIM structure height within the
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TUC Workplace District is forty-five (45) feet; and
WHEREAS, the SCUlpture is a replica of a banyan tree that is a holy shrine for the Catholic
Church in the La Vang region of Vietnam, and
WHEREAS, this Sculpture will enhance the aesthetic appeal of the Vietnamese Martyrs
Parish, as well as the surrounding neighborhood, and serve as a valuable landmark for visitors to
the area.
Lulasuff/tIM11111
PURSUANT TO RCW 36.7013.170 through 36.7013,210 and in consideration of and
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subject to, the mutual promises, benefits, and obligations set forth herein.. the City and Owner enter
into the following Development Agreement and agree to be bound by its terms.
Section 1, The Parties agree that the foregoing recitals are
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true and correct to the best of their knowledge and are incorporated by this reference as thOLI-11
fully set forth herein.
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -3 of 15
Record Date:3/28/2025 10:55 AM King County, WA
Section 2. Project Deserij)tion. This development involve,,; the construction of a
Sculpture tip to 56 feet in height on the property of the Vietnamese Martyrs Parish. located at 6841
South 180th Street, Tukwila.. Washington ("Property"). The Property is located within the TLIC
and is described in Exhibit A (legal description) and depicted in Exhibit B (site map).
Section 3. Statement of AuthoritV and Intent. This Development Agreement is
entered into pursuant to the authorization of RCW�3670B170 and TivIC 18.86 and is intended
and designed to vest this development to certain terms and conditions. Other than those terms and
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conditions specifically identified in this Agreement, the City's regulatory codes in effect at the time
of a complete building permit application are accepted by the City and shall apply.
Section 4.
4.1 Effective Period of this Agreement. This Development Agreement shall be valid
until Jul 1, 2025. If Owner has not Submitted a complete building permit application and building
July n
permits have not been completed for the development by that date, this Development Agreement
shall be void and development nlay OCCLIF on the subject site pursuant to the then -adopted
development regulations. Owner shall complete all required inspections for the building permit as
required by the City.
4_ A22lication_of Develoknient Standards. RCW 36.70B.180(3)(d.) and TMC
18.86.030 authorize the establishment of desityn standards by a development agreement. More
specifically, TMC 18.86.030 provides that, a development agreement may allow development
standards different from those otherwise imposed under the Tukwila Municipal Code in order to
provide flexibility to achieve public benefits, respond to changing community needs, or encourage
modifications that provide the Functional equivalent or adequately achieve the purpose,, of
otherwise applicable City standards. Pursuant thereto and during the Effective Period, the
provisions of this Section 4 set forth the development standards that differ -from or supplement
those standards set forth in the City's development regulations. Accordingly, the following
development standards shall apply to and govern and vest the development and use of the Project
in lieu of any conflicting or different standards or requirements elsewhere in the Governing
Regulations.
Additional 131.111chilgLIjei.ght. The maximum building g height for the Sculpture shall
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be 56 feet. The remainder of the Property is limited in height by the zoning code in effect at the
time of a complete building permit application. This increase in building height is consistent with
the goals of the Comprehensive Plan and the City's vision of the TUC.
4.4 Public Benefit. In exchange for the increase in height as Outlined in Section 4.3.
Owner shall provide the following, benefits to the City:
1. When identifying the Sculpture's location, it shall be referred to as being in "Tukwila."
the "City of Tukwila. or Soutlicenter District." No reference to another city shall be made in
referencino, the Sculpture's location.
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2. Owner shall grant the City a non -revocable license to use the -sculpture's image and
likeness in any digital, printing, video. or other medium to
n In highlight or promote the City for
tourism, economic development, and other marketing purposes.
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -4 of 15
Record Date:3/28/2025 10:55 AM King County, WA
Section 5. All proposed
amendments to the Development Agreement shall be considered in accordance with this Section
5.
5.1 Process. The Mayor may approve Minor Amendments to the Development
Agreement proposed by the City or Owner and 1111.1tUally agreed to by the Parties. Such approval
shall be in writinc, and the resulting amendment shall be incorporated into this Development
Agreement as an amendment. The City Council may approve Major Amendments to the
Development Agreement in accordance with the same process for approval of tile Development
Agreement. A Major Amendment to the Development Agreement approved by the City Council,
and 111LItUally agreed to by the Parties, shall be incorporated into this Development Agreement as
ail amendment pursuant to Section 21 hereof.
5.2 ' N/Iinor Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a minor amendment if the proposed amendment does not modify
the Governing Regulation` or Section 4 (Development Standards. Conditions) hereof, does not
materially modify the size or scope of the development., and does not modify the Vesting Period
or term of this Development Agreement.
5.3
1 L1jiior Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a Major Amendment if the proposed amendment does not
constitute a Minor Amendment,
5.4 'Determination. An application for a Minor Amendment shall be made to the Mayor.
The application shall describe tile proposed Minor Amendment in stifficient detail such that the
Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If tile
application does not provide sufficient information, the Mayor may reqtiest additional information
from the Owner or reject the application. Upon receipt Of SLIfficient information to determine if the
proposal set forth in the application constitutes a MinorAmendnient, the Mayor shall deterinine if
the proposal constitutes a N/linor Amendment. In the event that the Mayor determines that the
proposed amendment is a Minor Amendment, the Minor Amendment may be administratively
approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a
Major Amendment, the Owner shall submit the proposal in accordance with the same process for
approval of a Development Agreement, withdraw its proposed amendment, or modify and re-
submit its proposed aniendment. The determination of the Mayor shall be a filial decision.
Section 6, XNs SectiouIntentiony 11peeted
Section 7. Existina, Land Use Fees and lin tCenerally applicable land use
fees and impact fees adopted by the City by resolution or ordinance as of the effective date of this
Development Agreement may be increased by the City from time to time. and the new fees applied
to subsequent permits and approvals for the Property.
Section S® Tile Parties specifically agree that damages are not
an adequate remedy for breach of this Development Agreernent,and that the Parties are entitled to
compel specific performance of all material terms of this Development Agreement by any Party
in default hereof.
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -5 of 15
Record Date:3/28/2025 10:55 AM King County, WA
Section 9. Termination. This Development Agreement shall expire and/or terminate
on the earlier of the termination/expiration provisions set forth as follows:
9.1 This Development Agreement shall terminate upon the expiration of the Effective
Period identified in Section 4 hereof.
9.2 Upon termination ofthis Development Agreement. the City shall record a notice of
Such termination in a form satisfactory to the City Attorney that the Development Agreement has
been terminated.
Section 10. Assinm�eutand �Assum)tion. Owner shall not have the right to sell, assign
or transfer this Development Agreement with all its rights, title and interests therein to any person,
firm or corporation at any time during the term of this Development Agreement provided that the
Owner may sell, assign, or transfer this Development Agreement with all its rights, title, and
interests therein to any firm or corporation in which Owner has a majority interest. Owner shall
provide the City with written notice of any intent to sell. assign, or transfer all or as portion of the
Subject Property, at least 30 days in advance of such action.
Section 11. 'Covenants Runnit r, With the Land- Recording. The conditions and
covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall
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run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties.
Owner, and every purchaser, assignee or transferee of all interest in the Property, or any portion
thereof, shall be obligated and bound by the terms and conditions of this Development Agreement,
and shall be the beneficiary thereof and a party thereto, but Only with respect to the Property, or
such portion thereof, sold, assigned or transferred to it. Any Such purchaser, assignee or transferee
shall observe and fully perform all of the duties and obligation.,; of a Owner contained in this
Development Agreement, as such duties and obligations pertain to the portion of the Property sold,
assigned or transferred to it.
Section 12. Amendment to AoreementLEfftiq of Agreenieik!.an Future Actions.
This Development Agreement may be amended by mutual consent of all ol'the Parties, provided
that any Such amendment shall follow the process established for Major and Minor Amendments
as get , I
forth in this Development Agreement.
Section 13. Releases. Owner, and any subsequent owner, may be released from further
obliaations relating to the sold, assigned, or transferred portion of the Property, provided that tile
buyer, assignee or transferee expressly assumes the obligations Linder this Development
Agreement as provided herein.
Section 14. No Third:jjEhLA�Eneficial!�This Development Agreement is made and
entered into for the sole protection and benefit of the Parties hereto and their successors and
assigns. No other person shall have any right of action based upon any provision of this
Development Agreement.
Section 15. Interpretation. The Parties intend this Development Agreement to be
interpreted to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B. 170. et seq., and this Development Agreement
shall be construed to exclude from its scope and to reserve to the City. only that police power
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -6 of 15
Record Date:3/28/2025 10:55 AM King County, WA
authority which is prohibited by law from being Subject to a muttial agreement with consideration.
This Development Agreement has been reviewed and revised by legal counsel for both Parties,
and no preS1.1111ptiOn or rule construing ambiguity against the drafter ofthe document shall apply
to the interpretation or enforcement of this Development Agreement.
Section 16. Notices. All communications, notices, and demands of any kind that a Party
under this Development Agreement requires or desires to give to any other Party shall be in writing
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and either (i) emailed, (ii) delivered personally, (iii) sent by facsimile transmission with an
additional copy mailed first class, or (iv) deposited in the U.S. mail. certified mail postage prepaid,
return receipt requested, and addressed as follows:
City of Tukwila:
Attention: Mayor's Office
City OfRikwila
6200 Southcenter Blvd.
Tukwila. WA 98188
Mayor@Ttikwilawa.gov
And to its Attorney:
Attention: Kari Sand
Ogden Murphy Wallace, P.L.L.C.
701 Fifth Avenue, Suite 5600
Seattle, WA 98104-7045
kamditi omwlaw.conl
Archdiocese of Seattle
Attention Property and Construction
Archdiocese of Seattle
710 9"' Ave.
Seattle, WA 93104
And to its Attorney:
William J. Crowley
Crowley Law Offices, P.S.
600 University St. Suite 1708
Seattle, WA 98101
Wil l(CD,crow!Sj �Iiwof�ficesxom
The Parties may. from time-to-tirne, notify each other in writing of changes in the names and
addresses of persons to receive notices and Comm Lill icat ions and such changes shall become
effective upon receipt by the non -notifying Party. Notices shall be deemed received within three
days after being place([ in the United States Mail, properly addressed and postage prepaid, or upon
personal delivery.
Section 17. Excusable Delay_fforce fVI
jeur specific provisions of
.!!I: In addition to specir
this Development Agreement, and notwithstanding anything to the contrary in this Development
Agreement, neither Party shall be in default in the performance or the failure of performance of its
obligations Under this Development Agreement. or in the delay of its performance. where such
failure or delay is due to war. insurrection, strikes, lock-OLItS or other labor disturbances, one or
more acts of a public enemy. war. riot, sabotage. blockade, embargo, floods, earthquakes. fires,
quarantine restrictions, Freight ernbanyoes, lack of transportation, court order. delays or failures of
performance by any governmental authority or utility company (so long as the Party seeking the
extension has adequately complied with the applicable processing requirements Of SLICII
covernmental authority or utility company), delays resulting from changes in any applicable laws.
rules, reaulations. ordinances or codes, or a change in the interpretation thereof by any governing
9 1-.)
body with jUriSdiCtiOn, delays resulting from the weather or soils conditions which necessitate
delay, delays I-eSUItinly from litigation (including suits filed by third parties concerning or arising
out of this Development Acreenient) or any other cause (lack of funds of Owner. Owner's inability
to Finance the construction of the development, and Owner's inability to lease the Improvements,
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -7 of 15
Record Date:3/28/2025 10:55 AM King County, WA
are not causes beyond the reasonable control or without the fault of Owner) beyond the reasonable
control or without the fault of the Party claiming an extension of time to perform or an inability of
performance. The extension of time for any cause shall be from the time of the event that gave rise
to such period of delay until the date that the cause for the extension no longer exists or is no longer
applicable, in each case as evidenced by a notice from the Party claiming the extension. An
extension of tinie for the duration Of Such event will be deemed granted if notice by the Party
claiming such extension is sent to the other as to any of the above Causes other than Permit Delays,
within 10 clays from the commencement of the cause and Such extension of time is not rejected in
writing by the other Party within 10 days of receipt of the notice (such extension of time is referred
to herein as "Force Majeure"). Times for performance Linder this Development Agreement may
also be extended in writing by the City and Owner in accordance with Section I I herein.
Section 18. Indemnification. Except as otherwise specifically provided elsewhere ill
this Development Agreement and any Exhibits hereto, each Party shall protect. defend, indemnify
and hold harmless the other Party and their officers, agents, and employees, Or any of them, from
and against any and all claims. actions, suits, liability, loss. costs, expenses, and clamages of any
nature whatsoever, which are caused by or result from any negligent act or omission of the Party's
own officers. agents. and employees in performing services pursuant to this Development
Agreement. In the event that any Suit based upon such a claim, action. loss. or damage is brought
against a Party, the Party whose negligent action or omissions gave rise to the claim shall defend
the other Party at the indemnifyingParty's sole cost and expense. and if final judgment be rendered
against the other Party and its officers, agents, and employees or jointly the Parties and their
respective officers, agents, and employees, the Parties whose actions or omissions gave rise to the
claim shall satisfy the same, provided that, in the event Of Concurrent negligence. each Party shall
indemnify and hold the other Parties harmless only to the extent of that Party's negligence. The
indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for
members of the general public.
Section 19. This Development Agreement shall
be C011SLI-Lied and enforced in accordance with the laws of the State of Was
hington. If litigation is
initiated to enforce the terms of this Development Agreement, the prevailing Party shall be entitled
to recover its, reasonable attorneys' fees and costs from the non -prevailing Party. Venue for any
action shall lie in King County Stiperior Court or the U.S. District Court for Western Washington.
Section 20nijEd Part Le al Clra1leqKt!,. In the event any legal action or special
proceeding is commenced by any person or entity other than a Party, or successor or assign of
Owner, to challenge this Development Agreement or any provision herein, the City may elect to
tender the clefense of Such lawsuit or individual claims in the laWSLllt to Owner and/or successors)
or assign(s). In such event. Owner and/or such successor(s) or assign(s) shall hold the City
harmless from and defend the City from all costs and expenses incurred in the defense Of Such
lawsuit or individual claims in the lawsuit, including, but not limited to, attorneys' fees and
expenses of litigation. and claniages awarded to the prevailing party or parties in such litigation.
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The Owner and/or Such successor(s) or assign(s) shall not settle any lawsuit without the consent
of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle.
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -8 of 15
Record Date:3/28/2025 10:55 AM King County, WA
Section 21. Severability. If any phrase, provision or section of this Development
Agreement is determined by a court of competent'Llriscliction to be invalid or unenforceable. or if
any provision or this Development Agreement is rendered invalid or unenforceable accorcling to
the terms of any statute of the State of Washington which became effective after the effective date
of the ordinance adopting this Development Agreement, and either Party in good faith determines
that SLICII provision or provisions are material to its entering into this Development Agreement,
that Party may elect to terminate this Development Agreement as to all of its obligations remaining
unperformed.
Section 22. Ayjh2rjj)L Each Party respectively represents and warrants that it has tile
power and authority, and is duly authorized, to enter into this Development Agreement on tile
terms and conditions herein stated, and to deliver and perform its obligation,; under this
Development Agreement.
Section 23. Exhibits and Atstaendiees IncorL),orated. Each Exhibit attached hereto or
referenced is incorporated —herein by such reference as if fully set forth herein.
Section 24. HeadinTile headings in this Development Agreement are inserted for
g,
reference only and shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Development Agreement.
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Section 25. rime of the Essence. Time is of the essence of this Development
Agreement and of every provision hereof. Unless otherwise set forth in this Development
Agreement, the reference to "days" shall mean calendar days. If any time for action occursoccursOil a
weekend or legal holiday in the State of Washington, then the time period shall be extended
automatically to the next business clay.
Section 226. Entire Agee erat. 'Iris Development Agreement represents the entire
agreement of the parties with respect to the subject matter hereof. There are no other agreements,
oral or written. except as expressly set forth herein and this Development Agreement supersedes
all previous agreements. oral or written,
[SIGNATURE BLOCKS FOLLOW ON NEXT PAGE)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
set forth above.
ARCHDIOCESE OF SEATTLE
By:
Its: Now
Date:—
Cay OF'TU KWIIIA
B
Phomas McLeod
Mayor
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -9 of 15
Record Date:3/28/2025 10:55 AM King County, WA
Attest:
Signed by:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Signed by'
`�in,i, �.. t.Q.
Kari Sand. City Attorney
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -10 of 15
Record Date:3/28/2025 10:55 AM King County, WA
STATE OF WASHINGTON
)ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that a is the person who
appeared before nae. and said person acknowledged that (he �signed this ii-iStRllnent. on oath
stated that (he(& was authorized to execute tile instrUnlent and acknowledged it as the
the ARCHDIOCESE OF SEATTLE. to be the free and voluntary act Of SLICII
Q'�i�arty or Mhe arses and purposes mentioned in the instrument.
DATED:
SP
•
10 '1;r
y
NOTAR
PUBLIC
08 30
1119111101
STATE OF WASHINGTON
COUNTY OF KING
Printed:
fol, Yton
NOTARY PUBLIC in and ashi
Residing at:
appointment expires:
ss -
I certify that I know or have satisfactory evidence that Thomas McLeod is the person who appeared
before nie, and said person acknowledged that he signed this instrUlnent. on oath stated that lie was
authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF
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TUKWILA. to be the free and voluntary act Of Stich party for the Lis" and purposes mentioned in
the instrument.
DATED:
1-1w/ t I I v I
rill d:
4P00" v 01 R Int. t IC io and For lshingt:ala
OTAt
V6970 10� r -
My appointment expires:
(a fie%. 0
fit Z
lit
'it,. op
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -11 of 15
Record Date:3/28/2025 10:55 AM King County, WA
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PORTION OF SW QTR NW QTR STR 36-23-04 DAF: BEGINNING AT NW CORNER OF
SEC 36 TH SOI-19-0IW ALONG W LINE THEREOF 1355.89 FT TH ELY ALONG CURVE
TO LEFT CENTER OF WHICH BEARS NO2-45-45E HAVING RADIUS OF 336.00 FT ARC
DISTANCE OF 9.00 FT TO S LINE OF N 36 FT OF GOVT LOT 4 IN SAID SEC 36 TI -I S88-
46 -19E ALONG SAID S LINE 372.61 FT TH S01-13-41 W 305.00 FT TH NSS-46-19W 50.00
FT TO TPOB TH S88-46-41 E ALONG LINE 100 FT SOUTH OF & PARALLEL TO S LINE
OF PARCEL LEASED TO SPERRY LAND CORP AS SURVEYED & MONUMENTED ON
THE GROUND IN 1968 DISTANCE OF 420.58 FT MORE OR LESS TO TOP OF LEFT BANK
OF GREEN RIVER TH ALONG SAID TOP OF LEFT BANK THE FOLLOWING COURSES
& DISTANCES: S07-OOE 115 FT S01 -06W 104 FT S09 -12W 106 FT S26 -49W 102 FT S47-21 W
103 FT S60 -15W 40 FT S74 -35W 60 FT WEST 106 FT N67 -30W 107 FT N26 -19W 104 FT N20 -
22W 103 FT N21 -54W 105 FT N -32-38W 116 FT N44 -04W 34 FT MORE OR LESS TO POINT
FROM WHICH TPOB BEARS N69 -38-41E TI -I LEAVING SAID TOP OF LEFT BANK, N69-
38-41 E 225 FT MORE OR LESS TO TPOB POR TAXABLE
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -12 of 15
Record Date:3/28/2025 10:55 AM King County, WA
Our Lady of Lavang Site Plan on file with the City of Tukwila
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Record Date:3/28/2025 10:55 AM King County, WA
Ordinancet
. —a+ L1 Lo
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86
OF THE TUKWILA MUNICIPAL CODE; APPROVING AND
AUTHORIZING THE PROPOSED VIETNAMESE MARTYRS
PARISH SCULPTURE DEVELOPMENT AGREEMENT FOR
KING COUNTY TAX PARCEL NUMBER 3623049087 WITH THE
ARCHDIOCESE OF SEATTLE, A NONPROFIT CORPORATION;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Revised Code of Washington (RCW) 36.7013.170, et seq. and Tukwila
Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City
and persons having ownership or control of real property in order to establish development
standards to govern and vest the development, use and mitigation of real properties; and
WHEREAS, the City of Tukwila and the Archdiocese of Seattle wish to enter into a
Development Agreement for King County tax parcel number 3623049087, a map and
description of which are attached hereto as included in Exhibit A; and
WHEREAS, pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing
was conducted on the 4th day of November 2024 to take public testimony regarding this
Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to this ordinance, approves this Development
Agreement as proposed and authorizes execution of this Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Vietnamese Martyrs Parish Development Agreement by and between the
City of Tukwila and the Archdiocese of Seattle, a copy of which is attached hereto as
Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
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Record Date:3/28/2025 10:55 AM King County, WA
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of ooh. , 2024.
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk Thomas McLeod, yor�
APPROVED AS TO FO Y: Filed with the City Clerk: 10 b
Passed by the City Council: tt L41201q
Published: t l f 2
�-- Effective Date:-!Ltj2.
Office of the City Attorney Ordinance Number:
Exhibit A: Development Agreement
Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -15 of 15
Record Date:3/28/2025 10:55 AM King County, WA
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2746.
On November 4, 2024, the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
ORDINANCE 2746: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS
AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL
CODE; APPROVING AND AUTHORIZING THE PROPOSED VIETNAMESE MARTYRS
PARISH SCULPTURE DEVELOPMENT AGREEMENT FOR KING COUNTY TAX
PARCEL NUMBER 3623049087 WITH THE ARCHDIOCESE OF SEATTLE, A
NONPROFIT CORPORATION; PROVIDING - FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Andy Youn, Records Governance Manager/City Clerk
Published Seattle Times: November 7, 2024