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HomeMy WebLinkAboutRes 0795 - Development Agreement - Metering Buildings with Best Way Motor Freight IncCITY OF TUKWILA WASHINGTON RESOLUTION NO. 795 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON ACCEPTING A DEVELOPERS AGREEMENT FROM BEST WAY MOTOR FREIGHT, INC. WHEREAS, from time to time, the City of Tukwila finds it necessary to request Developers Agreements from particular property owners, and WHEREAS, the agreements are to assure cooperation and participation in future actions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO RESOLVE AS FOLLOWS: A. The City of Tukwila hereby accepts the Property Use and Development Agreement from Best Way Motor Freight, Inc. B. Said agreement ensures that the developer, upon subdivision of property, will meter all buildings separately and at the owner's sole expense. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 4th day of August, 1981. Approved as to Form: ATTEST: Lawrence E. Hard City Attorney Frank Todd Mayor Maxine Anderson City Clerk PROPERTY USE AND DEVELOPMENT AGREEMENT THIS INSTRUMENT, executed this date in favor of The City of Tukwila, a municipal corporation (herein called "City by the undersigned owner of the within described property (herein called "Owner W I T N E S S E T H WHEREAS, Owners are persons owning a fee simple and /or having a substantial beneficial interest in the following described real property (herein called the "Property Hillman's Seattle Garden Tracts, Block 18, Lots 16, 17, 18, 19, 20 and 21 in King County Auditor's File, Plat Book, Volume #11, Page 24 and 24B. WHEREAS, the Owner has advised the City that it has no intent to subdivide the property and, as a result, it needs only one water meter; and WHEREAS, if a portion of the property is transferred, sold, assigned or otherwise conveyed, or if the property is divided into two or more parcels for any reason whatsoever, the Owner will acquire and install, at its expense, such additional water meters as may be required by the City. NOW, THEREFORE, Owner hereby covenants, bargains and agrees on behalf of himself, his heirs, successors and assigns as follows: 1. At such time the above described property is subdivided in the future, all building structures on the property shall be serviced and metered (at the property line facing S. 143rd Street) separately, at the Owner's sole expense. At the time the Owner applies for subdivision, the Owner shall also have required meters and services built. 2. This Agreement shall be recorded in the records of King County and the covenants hereof shall be deemed to attach to and -1- run with the Property and shall be binding upon the Owner, his heirs, successors and assigns, and shall apply to after acquired title of the Owner of the Property. 3. This Agreement may be amended or modified by agreement between the Owner and the City; provided such amended agreement shall be approved by the legislative authority of the City by ordinance. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Zoning Ordinance as it may deem necessary in the public interest. Nothing in this Agreement is intended wise permitted by law 4. This Agreement and year first above written. STATE OF WASHINGTON) ss. COUNTY OF KING to authorize any use or dimension not other for this Property. is made for the benefit of the City and the City may institute and prosecute any proceeding at law or in equity to enforce this Agreement. 5. It is further expressly agreed that in the event any covenant or condition or restriction hereinabove contained or any portionthereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction hereinabove. contained. -2- BEST WAY MOTOR FREIGHT, INC. B `1 Bye' %Z(/ William J. Dahl, Vice- President and General Manager iL S s- A Secretary On this 17th day of July 1981, before me personally appeared William J. Dahl and Harry G. Sharp to me known to be the Vice President /General Manager and Secretary of the corporation that executed the within and 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 and that the seal affixed is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and seal the day NOTARY PUBLIC in Knd for the State of /ashington, residing at,;_,r, -4?