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HomeMy WebLinkAboutRes 0846 - Development Agreement - Sanitary Sewer Service ComplianceCITY OF TUKWILA WASHINGTON RESOLUTION NO. 846 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON ACCEPTING A DEVELOPERS AGREEMENT FROM STONEWAY CONCRETE COMPANY, 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 Development Agreement from Stoneway Concrete Company, Inc. B. Said agreement ensures that the property owner will, upon any further development of said property requiring additional sanitary sewer service, comply with the Tukwila Municipal Code then existing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 7th day of February 1983. Approved as to Form: ATTEST: Daniel D. Woo City Attorney Mayor Gary van Dusen Maxine Anderson, City Clerk PROPERTY USE AND DEVELOPMENT AGREEMENT NSTRUMENT, executed this 22nd day of February 1983, in favor of the CITY OF TUKWILA, a municipal corporation "City" herein), by the STONEWAY CONCRETE COMPANY, INC., a Washington corporation "Stoneway Concrete" herein) and an individual (together with Stoneway Concrete "the Owners" herein): W I T N E S S E T H WHEREAS, Owners warrant to the City that they are persons owning a fee simple interest or having substantial beneficial interest in certain real property located in the city of Tukwila, county of King, state of Washington, which is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference (the "Property" herein); WHEREAS, Owners warrant to the City that their interest in the Property includes full power to enter into agreements and covenants which will run with the land; WHEREAS, Stoneway Concrete, by letter of November 24, 1982, a copy of which is attached as Exhibit 2, has made application to the City for a variance of side sewer requirements set forth in Tukwila Municipal Code section 14.12.030; PROPERTY USE AND DEVELOPMENT AGREEMENT (STONEWAY) Page 1 0115E /DDW WHEREAS, the City is willing to grant Stoneway Concrete's petition for a variance to Tukwila Municipal Code section 14.12.030 to allow for the installation of a water closet by a new side sewer connection to an existing side sewer on the Property subject to the execution of an agreement with the City pertaining to certain uses and development of the Property in the interest of public safety and health; NOW, THEREFORE, Owners hereby covenant, bargain and agree on behalf of themselves, their heirs, successors, and assigns, that the Property will be developed and used subject to the following terms and conditions: 1. The proposed variance is as described and depicted in Exhibit 3 hereto and incorporated herein by reference. 2. Stoneway Concrete agrees tq pay the standard connection fee prior to connection. 3. No more than one (1) water closet at the concrete batch plant may be served by the proposed service connection. 4. If there are any changes made to the above described use of the service connection or if any future development of the Property is made requiring additional or different sanitary sewer service, the connection allowed by the variance shall be disconnected and abandoned, and any new sanitary sewer service shall be subject to compliance with the Tukwila Municipal Code then existing. PROPERTY USE AND DEVELOPMENT AGREEMENT (STONEWAY) Page 2 0115B /DDW 5. It being understood that the variance is approved upon the finding by the City that such action is taken at the time of approval in the public interest, the Tukwila Public Works Department may require disconnection and /or abandonment of the service connection allowed by the variance upon finding of adverse impact to public safety or health. 6. This Agreement shall be binding upon Owners, their heirs, successors, and assigns. 7. This Agreement may be amended or modified by agreement between Owners and the City; provided such amended agreement shall be approved by the Tukwila Public Works Department after written notice is made to property owners within 300 feet of the Property. 8. Nothing in this Agreement shall prevent the Tukwila City Council from making such further amendments to the Tukwila Municipal Code with respect to sewers as the Council may deem necessary in the public interest. 9. The City may institute and prosecute any proceedings at law or in equity to enforce this Agreement. The City shall be entitled to recover from Owners reasonable attorney fees and costs for any action commenced pursuant to this Agreement. 10. In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or PROPERTY USE AND DEVELOPMENT AGREEMENT (STONEWAY) Page 3 0115E /DDW void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction hereinabove contained. DATED: February 22, STATE OF WASHINGTON ss. C O U N T Y O F K I N G PROPERTY USE AND DEVELOPMENT AGREEMENT (STONEWAY) Page 4 0115B /DDW 1983. STONEWAY CONCRETE COMPANY, INC. By Its (1z... OWNERS By RnA C„ By On this date, personally appeared before me R. H. DeBoer to me known to be one of the individuals described in and who executed the within PROPERTY USE AND DEVELOPMENT AGREEMENT and acknowledged that he /sue signed and sealed the same as his /he free and voluntary act and deed for the uses and purposes therein mentioned. of GIVEN UNDER MY HAND AND OFFICIAL SEAL this February STATE OF WASHINGTON COUNTY OF K I N G 1983. ss. PROPERTY USE AND DEVELOPMENT AGREEMENT (STONEWAY) Page 5 0115B /DDW of 1983. On this date, personally appeared before me 22nd day NdtarY Public in for the State' of Washington, residing at Tukwila to me known to be one of the individual described in and who executed the within PROPERTY USE AND DEVELOPMENT AGREEMENT and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day Notary Public in and for the State of Washington, residing at STONEWAY CONCRETE, INC. Tukwila Batch Plant Additions Legal Description That portion of Government Lot 6 and of the South 1/2 of the Northwest 1/4 of Section 25, Township 23, Range 4, E W.M. described as follows: W Beginning at the center of Sec. 25, Twn. 23, R 4E., thence West along the East -West centerline of the section, a distance of 1054.56 lineal feet to the point of beginning; thence S01 23' -20 "E along the West margin of the Puget Sound Electric Railway Right -of -way (P.S.P. L.) a distance of 370.0 lineal feet; thence N 45 10' -30" W along the centerline of. the ,C.M. St. Paul spur line, a distance of 200.75 lineal feet to the East margin of State Highway 5M; thence N 01 38' -20 "E a distance of 1220.0 lineal feet; thence S- 87 54' -10 "E, a distance of 74.57 lineal feet; thence S- 01 23' -20 "E a distance of 994.0 lineal feet to the point of beginning. Gentlemen: S T O N E W AY Mayor Gary VanDusen City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Attn: Mr. Phillip R. Fraser P. 0. BOX 509 RENTON, WASH. 98055 226 -1000 November 24, 1982 RENTON C TUKWILA This letter is written appealing relief fRum Section 14.12.030 of the Tukwila Municipal Code which states that a side sewer connection cannot be made with one existing sanitary side sewer. When the side sewer was run to Charles Ruud's Record Stationery store on the West Valley Highway, Stoneway Concrete provided them with an easement to the manhole. In turn for this a stub was put in the line'on our property outside the asphalt pavement and permission granted to hook into his line. The Record Stationery store has two water closets on this six inch line. Stoneway Concrete has one water closet that we want connected. The total use is less than a large single residence. In most areas two houses are connected to a common six inch line. The cost of installing the 73 foot 6" line is approximately $700.00, whereas running to the manhole is over $4000.00! For one water closet, quite an investment. I will certify that if any change of property usage came about and greater side sewer use was needed, that a new line would be ran to the manhole in lieu of extending the stub on the Record Stationery line. RHD:sh Enclosure Please consider an exception to the Municipal Code. Sincerely, STONEWAY CONCRETE C R. H. DeBoer General Manager Exhibit 3 Stoneway Concrete Inc Proposed Water Closet Proposed 6" Side Sewer Existing 6" Side Sewer for record stationary by Easement through Stoneway Property Public 8" Sanitary Sewer main Site Plan Map