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HomeMy WebLinkAboutRes 0595 - Development Agreement - South 133rd & South 134th Street (I-5 Industrial Park)App oved as to Form: C ty Attorney WASHINGTON RESOLUTION NO 595 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A PROPERTY USE AND DEVELOPERS AGREEMENT WITH DAVID NEEL KELLOGG AND LAURA J. KELLOGG. Thatthe Mayor is hereby authorized to execute a Property Use and Developers Agreement with David Neel Kellogg and Laura J. Kellogg for storm drainage improvements in the I -5 Industrial Park located on South 133rd and South 134th Streets. A copy of said agreement is attached hereto and incorporated by reference. ATTEST: COUNCIL ACTION-I MEETING I AGENDA ACTION TYPE DATE I WHEREAS, David Neel Kellogg and Laura J. Kellogg, wish to develop a portion of property in the area known as I -5 Industrial Park, located on South 133rd and South 134th Streets. WHEREAS, the City finds it necessary, as development occurs, to require a storm drainage improvement; NOW, THEREFORE, the City Council of the City of Tukwila do resolve as follows: PASSED BY THE CITY COUNCIL OF THE CITY OF TULA, WASHINGTON, at a regular meeting thereof, this 5th day of July 1977 PROPERTY USE AND DEVELOPMENT AGREEMENT The CITY OF TUKWILA, Washington, a municipal corpora- tion (hereinafter referred to as "CITY and DAVID NEEL KELLOGG and LAURA J. KELLOGG, husband and wife (hereinafter referred to as "OWNERS agree as follows: 1. OWNERS own in fee simple the following described real property (hereinafter referred to as the "property That portion of Tract 15, Fostoria Garden Tracts, according to Plat thereof recorded in Volume 9 of Plats, Page 95, Records of Kirig County, Washington, described as follows: Beginning at the northeast corner of said Tract 15, thence North 49 °43'00" West 15 feet to the true point of beginning; thence South 40 °17'00" West 119 feet; thence North 49 °43'00" West 130 feet; thence North 40 °17'00" East 119 feet; thence South 49 °43'00" East 130 feet to the true point of beginning located in the City of Tukwila, King County, Washington. 2. OWNERS wish to develop their property and have ap- plied for various permits to construct a warehouse and other improvements on OWNERS' property. 3. CITY and OWNERS recognize that OWNERS' property has water drainage problems. CITY and OWNERS recognize that contiguous to OWNERS' property is an open ditch on South 134th Street, as well as a storm drain. facility on South 133rd Street. As development is made on OWNERS' property, as well as on other property in the area, a storm drain facility will be required in the general vicinity of South 134th Street to handle the water drainage problem and it may be used in conjunction with the existing storm drain facility along South 133rd Street. 4. OWNERS agree to pay their equitable and fair share of the costs of the construction of any storm drain facility which may be constructed to handle water drainage problems relating to their property. In the event that a local improve- ment district is created for construction of such a facility, OWNERS shall pay their equitable and fair share of the costs of such an LID. In the event that another method of financing the construction is used by the CITY, OWNERS agree to pay their equitable and fair share of such construction costs. 5. This Agreement shall be recorded in the records of the King County Department of Records and Elections and the covenants herein shall be deemed to attach to and run with the land and shall be binding upon the OWNERS, their heirs, suc- cessors and assigns. 6. In the event that the CITY is required to employ attorneys to enforce any provision of this Agreement, or to institute proceedings at law or in equity, OWNERS agree to pay any and all reasonable attorney's fees expended by the CITY for such action and any costs incurred by the CITY. 7. In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or void, such invalidity or voidness shall in no way affect any other covenants or restrictions herein contained. IN WITNESS WHEREOF, this Agreement is executed this _S day of July, 1977, at Tukwila, Washington. CITY OF TUKWILA ATTEST: Mdxihe Anderson, City Clerk Edgar D. Bauch, Mayor David Neel Kellogg Laura J. Kellogg STATE OF WASHINGTON COUNTY OF K I N G On this day personally appeared before me DAVID NEEL KELLOGG and LAURA. J. KELLOGG, to me known to be the individuals described in and who executed the within and foregoing instru- ment, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of Notary Public in and for the Sf,ate Washington, residing at