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Home My WebLink AboutReg 2005-08-15 COMPLETE AGENDA PACKET Tukwila City Council Agenda c -lore_ vii o Steven M. Mullet, Mayor Counczlnzeznbers: Joe Duffie Joan Hernandez z 2 f Rhonda Berry, City Administrator Pam Carter Jim Haggerton it` igos Pamela Linder, Council President Dennis Robertson Dave Fenton -S REGULAR MEETING Monday, August 15, 2005 Ord. #2098 7:00 PM Res. #1584 1 CALL TO ORDER/ PLEDGE OF ALLEGIANCE/ ROLL CALL 2. SPECIAL a. Distinguished Police Services Medal presented to Brendan Kenn. PRESENTATIONS b. Introduction of Yu Sakamoto, visiting delegate and volunteer City employee from the City of Ikawa, Japan. 3. APPOINTMENT Oath of office to Ceith Cullens, Police Officer. 4. CITIZEN At this time, you are invited to comment on items not included on COMMENT this agenda. To comment on an item included on this agenda, please save your comments until the issue is presented for discussion. 5 CONSENT a. Approval of Minutes. August 1, 2005 (Regular Mtg AGENDA b. Approval of Vouchers 6 PUBLIC HEARING Decision on options, including condemnation, for acquisition of property west of Southcenter Parkway, between So. 180th Street and the southern City limits. (Public hearing to be continued to August 22 meeting for further testimony and deliberation.) 7. UNFINISHED An ordinance amending the Tukwila Municipal Code to allow BUSINESS manufactured housing anywhere single family dwellings are permitted and require design standards for all new single family dwellings (Continued from 8/1/05 Regular meeting.) 8. NEW BUSINESS A resolution setting a public hearing for vacating South 124th Street from East Marginal Way South to Tukwila International Boulevard. 9 REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office: 206 433- 1800/TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL A GENDA SYNOPSIS ,\0..!7.,..: ..'v 9 s y by Inztr�rls ITEM No. 1 .0 I 1 rig Date Prepared Prepared �YIa}nr's 7F�re Cormnl n r t o I 8/15/05 LV I ✓r' t-S NI1 t om 'a yip;: r60a 1 I 1 1 I I I I 1 ITEM INFORMATION CAS NUMBER. 05-114 I ORIGIITAL AGENDA DATE: 8/15/05 AGENDA ITEM TII'LE Decision on options, including condemnation, for acquisition of property west of Southcenter Parkway between S 180 St and southern city limits CATEGORY Discussion Motion Resolution Ordinarue Bul Award x Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 8 -15 -05 Mtg Date SPONSOR Council x Mayor Adm Stu x DCD Finance Fire Legal P &R Police PW SPONSOR'S ROW is needed for Southcenter Parkway, S 178 St and the north detention pond in SIM4ARY order to construct the projects. Condemnation has been suggested as an option to obtain the ROW. Council needs to review the alternatives and make a decision on the appropriate alternative. REVIEWED BY COW Mtg. CA &P Cmte El F&S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm Plamung Comm. DAZE: RECOMMENDATIONS: SPONSOR/ADMIN. Direct staff to prepare a resolution based on public hearing input COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 8/15 Memo from TVS Executive Team on alternatives and 2 maps Letter to Pam Linder from Art McKean, Esq, on behalf of Herman Schoenbachler TO: FROM: DATE: RE: ISSUE City oj Tukwila Steven M. Mullet} Mayor Department of Community Development Steve Lancaste1; Director MEMORANDUM fft" City Council I) ,J; . '1/ Mayor Mullet .7Ytvv TVS ExecutIve Tea4i1 'i) Rhonda Berry Kevin Fuhrer Shelley Kerslake Ryan Larson Steve Lancaster Jim Morrow Nick Olivas Derek Speck Lisa Vemer August 15,2005 ACQUISITION OF ROvV FOR SOUTHCENTER P ARKW A Y, S 178 TH STREET, AND STORMWATER FACILITIES Should the CIty consIder condemmng property owned by Schoenbachler, LLC for the following purposes? o Realignment of Southcenter Parkway o RealIgnment of South 178th Street. o Construction of stonnwater facilItIes. BACKGROUND Tukwila's CapItal Improvement Program mcludes I) wIdemng of Southcenter Parkway m a revIsed alIgnment between South 180th Street and the south CIty lImIts (Project No. 84-RvV37) and 2) realignment of South 178th Street to mtersect wIth Segale Park Dnve C (Project No. 04-RW05). Segale PropertIes has mdlcated It wIll dedIcate portIOns of necessary nght-of-way that It owns Schoenbachler, LLC, whIch has not mdIcated a wIllmgness to dedIcate, owns the remamder of the nght-of-way that would be needed to complete these projects as currently planned. 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98]88 · Phone: 206-43]-3670 · Fax: 206-43]-3665 Segale and Schoenbachler have executed a purchase and sale agreement covenng the subject property. The agreement provIdes that the sale wIll not close untll one year after Hennan Schoenbachler's death or as otherwIse agreed by Schoenbachler, LLC Design ofthe two road projects is cunently under way (approxImately 60% completed). ~When desIgn work commenced, It was the CIty'S understandmg that Segale PropertIes would provIde all of the needed right-of-way. The CIty has recently learned that Segale PropertIes IS not able to provIde all of the nght-of-way prior to closmg of the property sale described above Future development of the general area WIll also reqUIre approxImately 7.25 acres of land for constructIOn of stonnwater management facIlItIes. The proposed locatIOn of these facIlItles IS also on land owned by Schoenbachler, LLC Attached to thIs memo are maps showmg two optIons for locatIOn of the stonnwater facilItIes. Until recently, the CIty believed that these stonnwater facIlitIes would be bUIlt and owned by Segale PropertIes, and would be located (hidden) behmd future development fronting the relocated Southcenter Parkway. It now appears that if the stonnwater facilItIes are to be built pnor to the closmg of the Segale/Schoenbachler property sale, the CIty may have to acquire property adjacent to Southcenter Parkway for this purpose. A letter from Schoenbachler LLC attorney Arthur H. McKean asking the CIty not to condemn the ROW, together wIth copIes of the referenced Real Estate Purchase and Sale Agreement and a related Ground Lease, are attached to thIS memo. ANALYSIS Segale PropertIes has mdicated that the extensIOn and realIgnment of Southcenter Parkway and South 178th Street, and the "up-ftont" constructIOn of stonnwater management facIlItIes are cntIcal to the Tukwila South project. TukwIla South is a proposed long-tenn, master-planned, mIxed-use development of up to approximately 500 acres lymg south of South I 80th Street and north of South 204th Street, between the Green River and OnllIa Road S. Delay or inabIlIty to acquIre property needed for the proposed street and stonnwater facIlItIes may result in the Tukwila South project being delayed mdefmltely or, alternatIvely, would requIre changes to the development concept, phasmg or both. It is possible that significant delay may cause Segale Properties to re-think its plans for annexatIOn and development. The Mayor has indIcated that a signed Development Agreement between the CIty and Segale Properties and completIOn ofthe Tukwila South annexatIOn should occur before any property acqUIsItion or condemnatIOn procedures begm. Page 2 of2 P'\Steve and Lisa's Segale Folder\ROW Condemnation\Memo to CC for Public Hearing 8-15-05,doc AL TERL'iA TIVES Staff needs polIcy directIOn from the CIty CouncIl so that we may proceed m project planmng and desIgn. The followmg alternatIves are offered for CouncIl consIderatIon. I. Put decIsIOns regarding Southcenter Parkway and South l78th Street realignment "on hold" untIl nght-of-way can be obtamed with owners' cooperatIOn or completIOn of the sale. Stonnwater facIlItIes remam a pnvate development responsibility. 2. ConsIder condemning nght-of-way needed for relocated and widened Southcenter Parkway, but not for South 178th Street or for stonnwater facIlItIes Identify stonnwater facilItIes and South 178th Street constructIOn as pnvate development responsibIlItIes. 3. ConsIder condemning nght-of-way for relocated and wIdened Southcenter Parkway and South 178th Street realIgnment, but identify stonnwater facIlities as a pnvate development responsibIlity 4. Consider condemning nght-of-way for Southcenter Parkway, South 178th Street and stonnwater facIlIties. Under this alternative, it may be necessary to bmld the stonnwater facIlities adjacent to the realIgned Southcenter Parkway to mmimlze the amount ofland acquired through condemnatIOn. RECOlVIMENDATION That the City CouncIl: 1. open the publIc heanng on August 15 and take public testimony 2. contmue the publIc heanng to August 22 3. take any remaining testImony on August 22, close the heanng, and provIde duectIOn to staff concerning acquisItion of property for Southcenter Parkway, South 178th Street and proposed stormwater facilitIes Page 3 of3 P.\Steve and Lisa's SegaJe Folder\ROW Condemnationilvlemo to CC for Public Hearing 8-15-05.doc ATTORNEYS AT LAW RECEIVED 1-' 'AUG 0 8 2005: COMMUNITY DfNELOPI'\fI:NT AIKEN. ST. LOUIS & SIL..JEG. P S ARTHUR H MCKEAN '200 NORTON BUILDING 801 SECOND AVENUE SEATTLE, 'NASHINGTON 98104 DIRECT LINE, (206) 654-1682 E-MAIL. MCKEAi\J@AIKEN COM FACSIMILE. 206-623-5764 TELEPHONE. 206-624-2650 August 5, 2005 Ms. Pamela Lmder CouncIl PresIdent CIty of Tuhvila 6300 Southcenter Blvd. TuhvIla, WA 98188 Re: Proposed Re-Ahgnment ofS 178th St at Southcenter Parkway Dear CIty CouncIl: Our office represents Mr. Herman Schoenbachler who resides ill Tukwila at 18115 Southcenter Parkway. In my dIScussions with CIty representatIves, I have heard thIs property referred to as the "Llama Farm". I am wnting to provide you wIth some background and a descriptIon of Mr. Schoenbachler's posItion regarding the proposed relocation of Southcenter Parkway and South 178th Street through Mr. S cho en bachler' s resIdential property. 1. BACKGROUND A. History Mr. Schoenbachler first resided in what is now Tuhvila in 1926 and hIS famIly purchased their first parcel of real property there in 1932. Mr. Schoenbachler and his family operated a daIry [ann and lived in a residence located near where the multI-screen movie theater now exists, Just north of south 178th Street. Mr. Schoenbach1er has many pictures of his origma1 resIdence and his dairy farm, which he can show you, If you are mterested. Mr. Schoenbachler eventually acquired the property where he now resides, whIch also mcludes the golf dnving range south of the residentIal property and a total of approximately 39 acres. I have attached a diagram showing thIS 39 acre property and I wIll refer to the entire property as the "Schoenbachler Property". (The attached diagram was an exhibIt attached to the 2003 Lease discussed below.) In 1965, Herman Schoenbachler and rus wIfe, Ruth, completed the existing residence on the Schoenbachler Property and moved into theIr then new home. Mrs. Schoenbachler eventually began raising llamas, a hobby she enjoyed very much and she pastured the llamas near their home. In a lease dated September 24, 1994, Mr Schoenbachler leased the south portIOn of the Schoenbach1er Property (In the attached diagram the part of the property NOT designated as Parcel I, IIA or IIB is the property subject to thIs lease) to Southcenter Golf, Inc., whIch developed the dnvmg range now located on the property. The 1994 lease did not apply to the north portion of the (C(())fP'1[ Ms Pamela Lmder August 5, 2005 Page 2 property where the Schoenbachlers had constructed theIr resIdence and where Mrs. Schoenbachler pastured her pet llamas. In January 2000, Southcenter Golf, Inc. assigned ItS lease with Mr. Schoenbachler to La Pianta LLC, a .Washington lImIted lIabilIty company owned and/or controlled by Mr. M.A. Segale. In 1995, Mr. Schoenbachler conveyed the Schoenbachler Property to Schoenbachler Enterpnses, LLC, a Washington limited liabilIty company created by Mr. Schoenbachler to retam tltle in some of hIS assets and to assist Mr. Schoenbachler wIth hIs estate planning. The lImited lIabilIty company is owned by Mr. Schoenbachler and other members of his immedIate family. Following the conveyance of the property to the limIted lIability company, Mr. and Mrs. Schoenbachler retained control of the company and further retamed the nght to reside in the residence on the Schoenbachler Property for as long as they wIshed to remam there. B. 2003 Lease to La Pianta In 2002, Mark Segale, M.A. Segale and one or more other representatIves of La Planta and the Segale family, began negotiatmg with Robert Schoenbachler, the son of Hennan, to create a new lease which would cover not only the south portion of the Sch,oenbachler Property, but also the north portIOn of the property which included the Schoenbachler resIdence. When these negotiations began, Robert Schoenbachler infonned the representatIves of the Segale family that there could be no lease of the north portion of the property without an agreement that first, Mr. and Mrs, Hennan Schoenbachler could reside in theIr residence for the rest of theIr lives and, second, that for a lImited penod of time Mr. and Mrs. Hennan Schoenbachler could retam the pasture area for the pet llamas. In August 2003, following extensIve negotIations, the parties executed a ground lease (the "2003 Lease") applicable to all 39 acres of the Schoenbachler Property. Mr M.A. Segale signed the 2003 Lease on behalf of La Planta. As a result of the reqUIrements by the Schoenbachlers related to continued use of the pasture area and the resIdence area, the first sectIon of the 2003 Lease entitled "DESCRIPTION OF PROPERTY; LESSORS' RESERVED RIGHTS" contains a descnptIon of a "Pasture License" in Section l(d)(i) and a descriptIOn of a "House License" in Section l(d)(ii). A copy of pages 1,2, a portion of page 3, and the sIgnature page from the 2003 Lease are attached. I. The Pasture License in the 2003 Lease Under the language in subsection (i), the lessor, the Schoenbachlers, retamed until January I, 2010, a "Pasture License" m the area desIgnated as "Parcel I Pasture Area" in the attached dIagram. Under this Pasture License, La Planta could not interfere with the Schoenbachlers' use of the Pasture License area dunng the time of the license, whIch will expIre on December 31,2009. (Note, the last sentence of this subsectIOn did allow La Pianta to relocate the eastern boundary of the pasture license area, 85 feet to the west, as long as La Pianta satisfied certam reqUIrements, but other than this small portion of the Pasture License property, La Pianta was not allowed, under the 2003 Lease, to mterfere with use of the Pasture License property). Ms. Pamela Lmder August 5, 2005 Page 3 2. The House License m the 2003 Lease Subsection (iI) of the 2003 Lease created an area shown on the attached dIagram as Parcels lIA and lIB, that would be subject to the House License. Parcel II B contamed the residence and the property nnmedlately surroundmg the resIdence. Parcel II A contained a garage and other buildings and property adjacent to Parcel II B. The language in Subsection (Ii) refemng to the House License states: The House License shall terminate automatically at such time as Herman Schoenbachler and Ruth Schoenbachler have both ceased to use Lessor's Buildings as their primary personal resIdence, except that if the House LIcense has not previously expIred, it shall expIre WIth respect to Parcel II A (but not with respect to Parcel II B) at II-59 p.m. on December 31,2009. . . This language provided the protection for the senior Schoenbachlers to use the resIdence for the rest of their lives, which Robert Schoenbachler insIsted upon at the commencement of the negotiatIOns leading to the lease. The House License, as it applies to Parcel II B and the Schoenbachlers' right to occupy the residence on that property, continues as long as eIther Herman Schoenbachler or Ruth Schoenbachler use the property as their primary residence. Under Section l(d)(ili) of the 2003 Lease, during the term of the lIcenses created by the 2003 Lease for the benefit of Mr. and Mrs. Schoenbachler, La Pianta may not make any Improvements on the property covered by the lIcenses, If those Improvements "unreasonably interfere with the lIcense rights reserved to the lessor. . .". The same paragraph further prohibits construction on any of the property subject to the lIcense nghts of ". . . any above-ground building structures on any area then affected by such a license." In short, under the licenses created by the 2003 Lease signed by M.A. Segale, La PIanta may not undertake any improvement to the area covered by the Pasture License until 2010 and may not make any improvement on the Schoenbachler Property covered by the House License so long as either Herman or Ruth Schoenbachler reside in the home. C. 2003 Purchase Agreement wIth La PIanta At the same time Robert Schoenbachler and the Segale/La Pianta representatIves negotiated the 2003 Lease, they also negotiated a real estate purchase and sale agreement for the Schoenbachler Property. Mr. M.A. Segale signed this purchase agreement for the purchaser, La Pianta. To protect the right of the senior Schoenbachlers to occupy theIr residence, paragraph 5.1 of the purchase agreement states: The parties intend that unless otherwise elected by Seller, closmg wIll not occur until after both Herman Schoenbachler and Ruth Schoenbachler, ., have passed away. Ms. Pamela Lmder August 5, 2005 Page 4 Under this language the sellers, the Schoenbachlers, may elect to close sale of the Schoenbachler Property early. However, if the Schoenbachlers do not so elect, sale of the Schoenbachler Property \-vill not close and La Planta may not acqUIre ownershIp In the property until after both Ruth and Hennan Schoenbachler have passed away. ThIS language preserves the nght of Ruth and Hennan Schoenbachler to stay in their resIdence and occupy the area covered by the Pasture License and the House License as provided in the 2003 Lease. The lease agreement and the purchase agreement sIgned by M.A. Segale for La Planta granted to Mr. and Mrs. Schoenbachler the absolute right to remain in their home for the rest of theIr lIves. II. SCHOENBACHLER'S POSITION REGARDING SOUTHCENTER P ARKW A Y AND SOUTH 178 TH STREET Hennan Schoenbachler has lived in the Tukwila area, either m or very near his present resIdence since 1926. Mr. Schoenbachler wishes to remain in his residence for the rest of his life and the language contained in the purchase agreement and the lease agreement executed by M.A. Segale for La Pianta, assured hIm that he would be able to remain m hIS residence. Ruth Schoenbachler passed away in 2004. Out of his deep respect for hIS wIfe's wIshes, Hennan still continues to pasture Ruth's llamas in the area around their home and he wants to contmue pasturing the llamas on his propeIiy through the tenn of the Pasture License. La Planta has now submitted a development proposal to the CIty of Tukwila related to the property owned by La Pianta on the east side of Southcenter Parkway and La Pianta or Mr. Segale, of course, have every right to develop the property they own. They do not, however, own the Schoenbachler Property on the west side of Southcenter Parkway in its present locatIOn. That property belongs to the Schoenbachlers and although La Pianta has a lease and a pending purchase agreement related to the property, La PIanta has agreed in those documents that Hennan Schoenbachler may retam his rights under the Pasture License and under the House LIcense, until 2010 with respect to the Pasture LIcense and for the rest ofMr. Schoenbachler's lIfe wIth respect to the House License. La Pianta and Mr. Segale, who signed for La Pianta, have apparently forgotten the promIse to Mr. Schoenbachler related to the House License and the Pasture LIcense because they have submitted to the City a proposal to relocate Southcenter Parkway to the west by several hundred feet and then to add two detention ponds to the west side of Southcenter Parkway in Its relocated position. If allowed to move forward, relocation of the street and construction of the detention ponds would eliminate at least 75% of the area covered by the Pasture License. La Planta also proposes to relocate South 178th Street to a locatIon immediately behind Mr. Schoenbachler's residence and actually running through a portion of the property covered by the House License. Construction of this new street behmd Mr. Schoenbachler's home would result in a wall conslstmg of fill material or a retaining wall nsing an estimated 10 to 20 feet behind Mr Schoenbachler's house and within only a few feet of his existing residence, The road Itself would cut off a portion of Ms Pamela Lmder August 5, 2005 Page 5 the property covered by Mr. Schoenbachler's House License ConstructIOn of the road would make It impossible for Mr. Schoenbachler to continue resldmg III his home, as agreed in the 2003 Lease. La PIanta, through Mr. Segale, m the 2003 Lease, promised that untll the year 2010, for the Pasture License, and as long as Mr. Schoenbachler lived, for the House License, La PIanta would make no improvements to the area covered by the Licenses that would unreasonably mterfere with the lIcense rights reserved to Mr. Schoenbachler. The 2003 Lease and the purchase agreement signed by Mr. Segale for La Pianta prohibit making the improvements now proposed by La Planta before the City of Tukwila. La PIanta, in effect, is asking the City of Tukwila to break the promises made to Mr. Schoenbachler. The Schoenbachler family respectfully requests that the CIty not participate in or assist La Pianta in breaking those promises. Very truly yours, - " Arthur H. McKean AHM:bjd Enclosures cc: Mr. Steve Mullet, Mayor (w/enc!osures) Ms. Lisa Vemer (w/enclosures) Mr. Robert Schoenbachler (w/enc!osures) L. \SCHOBO\segale\I\0805 linder.doc schobo.004 (4962-J-E) EXHIBIT 8 Site Plan of Premises SCALE 1"= 300' / / / / ~~ V 0/ 9:- (j Q~ " ^'~ o' fI) !Ii .s ~ $ ~ GROUND LEASE [/580323/0015 I. DOC] PAGE I 8/25/03 ~-----~/" ---.I ,/ V ----=----- - - ---- - . ;: ~Yll1 ff ,7 ,/ " i;';?~!. J,' -!. .-; ~ .//~ ~~!~ ,} 900 '9/' 37I,fV y,y/U2f :7 V .;-;~'-~---- --'I ,,( ; i · i i i .'1 ... - ----~, i: , 1 . .' ~ fJ .~.-Y -- -""----.,." o 0 ~- -- G ;: ........-----t: "'" ," : /~;. --;.~- , ............ ,/.;;. f, ......-...(Jr... 0' : ,i .- , , I , 'I -'I .............. ~-- ~---- .~.' . -- <>.-~"':~-~---<- .'" " 001, :I.><J i, "if;,)",: ! ....i-.:.; ---.: .'><~~.~, ". - h 'I -~ ::::~ ~ f. r '... \" ~ 'I I l . , i-; i ;;' - ./ "1 ',~;~;'~!~.%!,f! ,4',." 't -- .,' i' "" ,--;''0 o 'Ii. ./ .i' '- 1 -~:r i' ~, ." "" , , 1 f I i i i ,.: 1 :~, i i i " j 1 i ':~. J,; ji' ,," .. '" ... I, '0 "'. ". ", " 0.. '" h. . - . ,;. if Ii i ':':1 ,/ j ! ( I -/ I " I Tukwila South Development Excavation Quantities North Area Excavation and Pond Plan Vicinity Map Segale Business Park GROUND LEASE ~ ~ This lease IS executed as of the~ day of '6u ,.(/ , 2003, by and between SCHOENBACHLER ENTERPRISES, L.L.C., a \Vas mgton limited liability company, referred to as "Lessor" and LA PIANTA LLC, a Washmgton limIted liability company ,referred to as "Lessee." Lessor hereby leases to Lessee, and Lessee leases from Lessor that parcel of real property described herein. Lessee may use the property for all lawful purposes, subject to the tenns and conditions which are set forth herein. 1. DESCRIPTION OF PROPERTY; LESSOR'S RESERVED RIGHTS (a) The real property that is the subject of this lease consists of approximately 39.19 acres ofland and all appurtenances thereto situated at approximately 183 rd Avenue and Southcenter Parkway within the City of Tukwila, County of King, State of Washington, more particularly described in Exhibit A which is attached hereto and incorporated herein by reference as though fully set forth herein. The property subject to this lease shall hereinafter be referred to as the "Premises," and any and all improvements now located on or to be placed on or about the Premises, including but not limited to buildings and fixtures, shall hereinafter be referred to as the "Improvements." A site plan of the Premises is attached as Exhibit B and incorporated herein by reference as though fully set forth herein. (b) The Premises shall be subject only to those matters of record disclosed by Transnation Title Insurance Company title insurance commitment No. 800-10051617 dated July 30, 2002. The Premises also shall be subject to King County property taxes, a lien not yet payable. Such property taxes, when payable, shall be paid by Lessee. (c) It is acknowledged by Lessee that Lessee has examined and inspected the Premises and is satisfied with regard to the size, conditions, zoning and feasibility for Lessee's intended use and development of the Premises, and said Lessee leases the Premises with full knowledge based upon its own independent investigation and inspection and not in reliance on any representation made or allegedly made by Lessor or Lessor's agents. Without limiting the generality of the foregoing, Lessor specifically disclaims any representation or warranty whatsoever concerning the size of the 'Premises. In the event it becomes necessary to install or relocate any water or utility lines or other services in connection with the use or development of the Premises during the Term hereof, it is agreed that the cost thereof shall be at the exclusive expense of Lessee and that Lessor shall have no obligation with regard to the payment of any amounts that may be required to be paid in connection therewith. (d) Notwithstanding anything to the contrary in this lease, Lessor reserves to itself the rights set forth in this subparagraph (d). (i) Lessor reserves to itself a license until January 1,2010 to use as pasture land the portion of the Premises shown as Parcel I on Exhibit B (the property reserved for this license being referred to as the "Parcel I Pasture Area," and the license reserved by GROUND LEASE [/S80323I 00 I 5l.Doq PAGEl 8/25/03 Lessor being referred to as the "Pasture License") The Pasture License shall expire at 11'59 p.m on December 31, 2009 unless this license is terminated earlier In accordance with this subparagraph (d)(i). Lessor shall have the right to tenninate the Pasture License at any time by written notice to Lessee given no less than six (6) months prior to the date specified in that notice for termination of the license. The Pasture LIcense shall terminate in any event at the time the House License described in subparagraph (d)(ii) terminates with respect to all or any part of Parcel II. The Pasture License is personal to Lessor and is not assignable. Notwithstanding the foregoing, Lessee shall have the right, upon thirty (30) days' advance written notice, to modify the boundaries of the Parcel I Pasture Area (and of the Pasture License) by moving the easterly boundary of the Parcel I Pasture Area eighty-five feet (85') to the west ("Pasture Modification"). Upon the exercise of its Pasture Modification right, Lessee shall move the existing fence that runs more or less along the easterly boundary of the Parcel I Pasture Area to a location that runs more or less along the easterly boundary of the Parcel I Pasture Area as modified. (ii) Lessor reserves to itself a license to use the portion of the Premises shown as Parcels IIA and IIB on Exhibit B (sometimes referred to col1ectively as Parcel II), including the eXIsting house, garage, barn, shop and al1 other improvements to Parcel II ("Lessor's Buildings"), as a primary personal residence for Lessor's licensees, Hennan Schoenbachler and Ruth Schoenbachler (the "House License"). The House License shall terminate automatically at such time as Hennan Schoenbachler and Ruth Schoenbachler have both ceased to use Lessor's Buildings as their primary personal residence, except that if the House License has not previously expired it shall expire with respect to Parcel IIA (but not with respect to Parcel lIB) at 11 :59 p.m. on December 31,2009, and except that Lessor shall have the right at any time to terminate the House License with respect to all of Parcel n, or only with respect to Parcel IIA, by written notice given to Lessee no less than six (6) months prior to the date specified in that notice for tennination. Lessor shall have no right to tenninate the House License with respect to Parcel lIB only. During the term of the House License, Lessee shall have the right to relocate access to the house ITom time to time so long as access remains reasonable, and provided that any access drive shall be no less than twelve feet (12') in width and shall be paved. The parties acknowledge that Herman Schoenbachler's and Ruth Schoenbachler's license to occupy Lessor's Buildings has been granted by Lessor, and that the leasehold estate created by this lease is subject to that license. The House License is personal to Lessor, is for the exclusive use of Herman Schoenbachler and Ruth Schoenbachler, and is not assignable; provided, however, that during the term and to the extent of the House License, the guests and invitees of Herman Schoenbachler and Ruth Schoenbachler shall have the right to enter onto and use Lessor's Buildings, and any caretaker for Berman Schoenbachler and/or Ruth Schoenbachler shall have the right to enter onto and reside in Lessor's Buildings in connection with his or her duties. (iii) During the term of each license, Lessee shall have the right to make such Improvements as Lessee may deem desirable to the portion of the Premises designated on Exhibit B as license areas provided that those Improvements do not unreasonably interfere with the license rights reserved to Lessor in thIS Paragraph 1 (d), and provided, further, that GROUND LEASE [/SB0323 100 I 5 I .DOC} PAGE 2 8/25/03 during the term (and to the extent) of any license reserved by Grantor m this subparagraph 1 (d), Lessee shall not build or construct any above-ground buddmg structures on an area then-affected by such a license. 2. TER1'VI The term of this lease (the "Term ") shall commence on September 1, 2003 and shall terminate at midmght on December 3 I, 2052 unless sooner terminated as provided in this lease GROUND LEASE [/SB0323 1001 5I.DOC] PAGE 3 8/25/03 31. NEGATION OF PARTNERSHIP Nothing in thiS lease shall be construed to render Lessor in any way or for any purpose a partner, joint venturer or associate in any relationship WIth Lessee other than that of landlord and tenant, nor shall this lease be construed to authorIze either to act as agent for the other. LESSOR: SCHOENBACHLER ENTERPRISES, L.L.C. ~ / LESSEE: La Pianta LLC, a Washington limited liability company By Metro Land Development, Inc., a Washington corporation, its Manager /e".---- /.':& ~ M. A. Segale, Presi nt GROUND LEASE [/S803231 00 151.DOCj PAGE 23 snS/03 @@[P)w REAL EST A TE PURCHASE AND SALE AGREEMENT Between Schoenbachler Enterprises, L.L.C., a \Vashington limited liability company, as Seller and La Pianta LLC, a Washington Jimited liability company, as Buyer Da ted 46e1'(1 ~ ,2003 [/SB022 1 401 934.DOC) 8/25/03 REAL ESTATE PURCHASE AND SALE AGREEMENT This REAL ESTATE PURC~E AND SALE AGREEMENT (this "Agreement") is entered into as of ~h7 ~ ,2003 (the "Effective Date") between SCHOENBACHLER ENTERPRISES, L.L.C., a Washington limited liability company ("Seller"), and LA PIANTA LLC, a Washington limited liability company ("Buyer"). In consideration of the respective agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Seller and Buyer agree as follows: 1. Purchase and Sale of Property; Participation in Section 1031 Tax- Deferred Exchange 1.1 Sale of Property Seller agrees to sell and convey to Buyer and Buyer agrees to purchase from Seller, subject to the terms and conditions set forth in this Agreement, the real property located in King County, Washington, more particularly described in EXHIBIT A attached to this Agreement, together with all of Seller's right, title and interest in and to any rights, licenses, privileges, reversions and easements appurtenant to the real property, and together with all improvements that are now or at any time hereafter made a part of the real property (collectively, the "Property"). 1.2 Buyer's Tax Deferred Exchange Seller acknowledges that Buyer may elect to acquire the Property in a manner that will qualify as a tax deferred exchange under Section 1031 of the Internal Revenue Code of 1986 (as amended) (the "Code") and the regulations issued under the Code. Seller agrees to cooperate with Buyer in effecting the purchase of the Property as a tax deferred exchange under Section 1031 of the Code ("Section 1031 Exchange"). Buyer shall indemnify, defend and hold hannless Seller from and against any and all losses, obligations, costs, expenses (including, without limitation, reasonable attorneys' fees), damages, claims or liabilities in connection with Seller's participation in an exchange under this Agreement, other than liability arising from Seller's failure to perform its obligations. Buyer's rights under this Agreement with respect to the purchase of the Property, including, but not limited to, the right to receive title to the Property, may be REAL ESTATE PURCHASE AND SALE AGREEMENT flSB022 140 1934 .DOCl PAGEl R/J~lOl , . 4.3 Right to Conduct Studies; Removal of Underground Storage Tanks Buyer shall have the right at any time prior to closing, upon reasonable notice to Seller, to take soil and groundwater samples and conduct such testing of the physical condition of the Property as Buyer shall elect. The parties acknowledge that there are two underground storage tanks located on the Property. One is a 50D-gallon gasoline tank located next to the barn, and the other is a 600-gallon heating oil tank located next to the house. Seller shall have no obligation to remove the underground storage tanks, and Buyer assumes all responsibilities in connection with the underground storage tanks. Seller agrees not to install any additional underground storage tanks on the Property without Buyer's prior written consent. 5. Closing 5.1 Closing Agent and Date The sale contemplated by this Agreement will be closed in escrow by the Title Company, or such other escrow agent as Buyer may designate ("Escrow Agent"). The closing will be held at the offices of Escrow Agent in Seattle, Washington. The parties intend that, unless otherwise elected by Seller, closing will not occur until after both Herman Schoenbachler and Ruth Schoenbachler, who are members of Seller, have passed away. Accordingly, closing shall take place on the first to occur of the following (lithe Closing Date"): (a) the business day specified by Seller by written notice to Buyer given not less than one year prior to the date so specified, or (b) the first business day after the date that is one year after Herman Schoenbachler or Ruth Schoenbachler passes away, whichever occurs later. 5.2 Closing Deposits Seller and Buyer shall, on demand, deposit in escrow with Escrow Agent all instruments and monies necessary to complete the closing of the sale in accordance with this Agreement. 5.3 Closing Costs 5.3.1 Seller's Costs Seller shall pay that portion of the premium for the Title Policy attributable to a standard coverage policy, plus sales tax, state of Washington real estate excise taxes and any other transfer tax that is applicable to the sale, and one-half (1/2) of the Escrow Agent's escrow fee. REAL EST ATE PURCHASE AND SALE AGREEMENT [/580221401 934.DOC] PAGE 5 8/25/03 ~.:;::~ / . 13.11 Exhibits The following exhibits are attached to and made a part of this Agreement by this reference. EXHIBIT A - Legal Descriptions of the Property EXHIBIT B - Memorandum of Agreement IN WITNESS WHEREqF, the parties have executed this Agreement as of the date first written above. Seller: SCHOENBACHLER ENTERPRISES, L.L.C. a Washington limited liability company ~2E@il~ Buyer: La Pianta LLC, a Washington limited liability company By Metro Land Development, Inc., a Washington corporation, its Manager a-~"'-~ M. A. Segale, Pre Ident REAL ESTATE PURCHASE AND SALE AGREEMENT [/58022 I 40 I 934.DOC] PAGE II O/"),/fi'1 CO UNCIL AGENDA SYNOPSIS y Llit ITEitir o i([� �lleetu Date Pm pared b ace Ella o review a y I I p I Council review m 6 -13 -05 1 SL 1 7 -18 -05 SL 1 1 sitc zso 8 -1 -05 SL 1 8 -15 -05 t SL 1 ITEM INFORMATION CAS NUMBER. 05-090 I ORIGINAL AGENDA DATE. 6 -13 -05 AGENDA ITEM TITLE Zoning Code Amendments CATEGORY Dzscusszon Motion Re' esolution X Ordinance Bid Award ❑Public Hearing Other Mtg Date 6 -13 Mtg Date Mtg Date Rttg Date 8 -1 -05, Mtg Date Mtg Date 7 -18 -05 Mtg Date 8 -15 -25 SPONSOR Council Mayor Adni Svcs X DCD Finance Fire Legal P&R Police I I PII/ SPONSOR'S An ordinance amending the Tukwila Municipal Code to allow manufactured housing SUMMARY anywhere single family dwellings are permitted and require design standards for all new single family dwellings. REVIEWED BY X COW Mtg. X CA &P Cmte F &S Cmte Transportation Cmte Uti sties Cmte Arts Comm. Parks Comm. X Planning Comm. DA"iE: 3- 10 -05, 5 -24 -05 (CA 4 -28 -05 (PC); 6 -13 -05 (COW); 7- 18 -05, 8 -1 -05 (CC) RECOMMENDATIONS: SPONSOR /ADM1N CoMIII11,E Hold a hearing and adopt recommended changes I COST IMPACT FUND SOURCEI EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 Fund Source Comments MTG. DATE RECORD OF COUNCIL ACTION 6 -13 -05 Discussed the proposed changes and set a hearing date of 7 -18 -05 7 -18 -05 Held a public hearing and modified the ordinances 8 -1 -05 Adopted one ordinance and discussed changes to the other MTG. DATE ATTACHMENTS 8 -15 -05 Staff Memo dated 8 -10 -05 Attachment A Draft Manufactured /Modular Home Ordinance 8 -1 -05 Staff Memo dated 7 -27 Attachment A Draft Manufactured /Modular Home Ordinance Attachment B Draft Ordinance for 8 other items 7 -18 -05 Staff Memo Dated 7 -13 Attachment A - Photos of Different Roof Pitches Attachment B - Draft Manufactured/Modular Home Ordinance Attachment C - Draft Ordinance for 8 other items 6-13-05 Staff Memo Dated 6-7-05 with Attachments 5-24-05 CAP Minutes 4-28-05 Planning Commission Minutes City of Tukwila Steven M. Mullet} Mayor Department of Community Development Steve Lancaster, Director .M E IVI 0 RAN D U .M FROM: RE: Mayor Mullet CIty Council Steve Lancaster, DCD DIrector& lJ'-- Proposed Code Amendments TO. DATE' August 10,2005 BACKGROUND On March loth Staff presented a group of Zoning Code amendments to the CAP. The tOpICS ranged from minor housekeeping or clanfication to polIcy declSlons about allowed uses and development standards. Stafftranslated the CommIttee's policy dIrection mto code language and presented it to the Planning ConnmSSIOn at a publIc hearing on Apnl28th. The PC endorsed the CAP's recommendatIOns for all Items except the new smgle famIly desIgn standards. The PC did not want to require that all new smgle-famIly houses have an attached garage, front door that faced the street or a mmimum roof pitch of5:12. They dId support a mmimum roof pItch reqUIrement of3:12, wIth an exceptIOn process through the DCD Director for flat roofs on architecturally designed houses. The PC recommendation was presented to CAP on May 24th The CommIttee decided to rem state their original desIgn standards, however they wanted allow detached garages for alley accessed lots only. The proposal was then presented to the COW on June 13th. No publIc comments were received at the publIc heanng on July 18t\ however the Council opted to further modIfy the smgle family standards. Their recommendatIOns were' a) A one car or larger garage (can be attached or detached), b) A front door facing the front yard setback for lots 40 feet or wider; c) A mmimum roof pitch of 5:12. Staff modified the ordinances to reflect these changes and brought them back to CouncIl on August I st. Council adopted the larger ordmance covenng all items except manufactured housmg and contmued to dISCUSS the polIcy Issues around smgle famIly desIgn standards. Staff has modIfied the ordinance at Attachment A to mclude an exemption process from the reqUirement that the front door face the front or second front yard, require eIther a carport or garage and add the housing standard exemptIon as a Type 2 penmt m the table at 18 104.0 I 0 We belIeve the only outstanding Issue upon which CouncIl has not reached consensus IS whether a garage or carport should be reqUIred for all new smgle famIly homes. The attached ordmance NG - I - 08/09/2005 ] 0:28 AM Q"\COOEAMNO\8-15CC.OOC 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 mcludes thIS reqUIrement. Council wIll need to decIde 'whether to keep or elImmate thIS new standard. Houses are currently reqUIred to provide two off-street parkmg spaces (m a garage, carport, dnveway or other paved surface) and that would not be changed by thIs ordmance REQUESTED ACTION ReVIew and adopt the draft ordmance, wIth or wIthout the garage/carport reqUIrement. NG Q"\CODEAMND\8-15CC.DOC -2- 08/09/2005 10:28 AM ATTACHMENT A [IDOO&~u (REVISED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1819 AND 1976 AND CHAPTERS 18.06, 18.50 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO ALLOW MANUFACTURED HOUSING ANYWHERE SINGLE-FAMILY DWELLINGS ARE PERMITTED AND TO IMPOSE DESIGN STANDARDS ON ALL SINGLE-FAMILY DWELLINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's development regulations should regularly be reviewed and updated as appropriate; and WHEREAS, under new State regulations manufactured and modular homes must be regulated similarly to stick built dwellings; and WHEREAS, design standards for single-family dwellings will help to preserve neighborhood quality; and WHEREAS, the City of Tukwila Planning Commission held a public hearing on the proposed amendments on April 28 and has recommended the adoption of certain Zoning Code changes, and WHEREAS, the City Council held a public hearing on the proposed amendments July 18, 2005, after proper notice; and WHEREAS, the City Council, after having received and studied staff analysis and comments from members of the public, believes that certain amendments to the City's development regulations are necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1976 95 and Ordinance 1758 91 (part), as codified at TMC Chapter 18.06.255, are hereby amended to read as follows: 18.06.255 Dwelling, Single-Family "Single-family dwelling" means a building, modular home, or new manufactured home, designed to contain no more than one dwelling unit plus one accessory dwelling unit. Section 2. Supplemental Development Standards, TMC Chapter 18.50, is hereby amended to add the following section: <vlabile Homes NGIkn 8111/2005 Page 1 of 6 18.50.050 Single-Family Dwelling Design Standards All new single-family dwellings, except those that are part of an approved Housing Options Demonstration Program, constructed under building permits submitted to the City after August!.2, 2005, must: 1 be set upon a permanent foundation with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative; 2. if a manufactured home, be comprised of at least two fully-enclosed parallel sections, each of not less than 12 feet wide by 36 feet long; 3 be thermally equivalent to the State's energy code; 4. have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles OT shakes, brick, conventional vinyl siding, fiber- cement siding, wood-composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable; 5 have the front door facing the front or second front yard, if the lot is at least 40 feet wide, 6. have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12, and 7 have a one-car or largeT garage or carport. Section 3. Supplemental Development Standards, TMC Chapter 18.50, is hereby amended to add the following section: 18.50.055 Single Family Design Standard Exceptions The design standards required at 18.50.050 (5) and (6) may be modified bv the DCD Director as a Type 2 Special Permission decision. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent .'lith the style of the house (for example modern, southwestern); height; b If a flat roof is proposed, the top of the parapet may not exceed 25 feet in c. If a sloped roof is proposed, it must have at least 24-inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The to\,ography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; )\'Iobile Homes NG/kn 8/1112005 Page 2 of 6 setback; b. The house will be set back at least twice the minimum front yard c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. Section 4. Ordinance 2097 !'i22, Ordinance 2066 ~2, Ordinance 2005 ~20, Ordinance 1857 !'i7, Ordinance 1847 !'i2, Ordinance 1796 !'i3, Ordinance 1768 !'i2 (part), as codified at Section 18.104.010 of the Tukwila Municipal Code, are hereby amended to read as follows: 18.104.010 Classification of Project Permit Applications A. Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/ or a public hearing is required before a decision is made, and whether administrative appeals are provided. B Type 1 decisions are made by City administrators who have technical expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT I Development Permit i DECISION MAKER Building Official I Sign Permit, except for those sign I permits specifically requiring approval I of the Planning Commission or denials ! of si ermits which are a ealable Boundary Line Adjustment, including Lot Consolidation I TMC1708 I Minor Modification to PRD i (TMC 18.46.130) 1\: Minor modification to BAR approved design TMC 18.60.030 I Any land use permit or approval I issued by the City, unless specifically I categorized as a Type 2, 3, 4, or 5 I decision by this Chapter Community Development Director ! I Community Development Director I I Community Development Director I Community Development Director As specified by Ordinance C. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Mobile Homes NGIkn 811212005 Page 3 of6 INITIAL ! TYPE OF PERlvIlT DECISION MAKER i Administrative Design Review i Community 1 TMC 18 60 030 I Develo ment Director i Administrative Planned Ii Short Plat Committee ! Residential Development j (TMC 18 46) I I Short Plat 'I Short Plat Committee I (TMC 1712 Binding Site Improvement Short Plat Committee I Plan , j TMC Cha 17.16 ! Shoreline Substantial I Development Permit i TMC Cha ter 18 44 Decision regarding Sensitive I Areas (except Reasonable Use I Exception) (TMC 18.45 I Special Permission Parking, i and Shared, Covenant or I Complimentary Parking I TMC 18.56.065 and .070 I Parking standard for use not I specified 1 TMC 18.56.100 I Code Interpretation TMC 18.90.010 i Special Permission Sign, i except" unique sign" I i (various sections of I TMC Title 19 , Sign Permit Denial I TMC Cha ter 19 12.020 Sign Area Increase (TMC 19.32.140 Exception from Single Family Desi Standard TYPE 2 DECISIONS I Community Development Director I I Community Development Director \' Community Development Director i I Community Development Director Community Develo ment Director Community Development Director ! I Community Develo ment Director Community Develo ment Director Community Develo ment Director APPEAL BODY Hearing Examiner Hearing Examiner State Shoreline Hearings Board Planning Commission City Council City Council Hearing Examiner Planning Commission Planning Commission Planning Commission 1 Planning Commission D Type 3 decisions are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances that may be appealed to the State Shoreline Hearings Board pursuant to RCW 90.58 TYPE 3 DECISIONS TYPE OF PERMIT Variance (zonin~ shoreline, sidewalk, land alteration, si Resolve uncertain zone district boundar Mobile Homes NGIkn 811212005 DECISION MAKER Hearing Examiner Hearing Examiner Page 4 of 6 E. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the City Council, which will hold a closed record appeal hearing based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS INITIAL APPEAL BODY TYPE OF PERIvllT DECISION (closed record appeal) MAKER i Shoreline Conditional Use i Planning State Shoreline i Permit .I Commission Hearings Board i (TMC 18.44.050) I Reasonable Use Exceptions I Planning City Council I I under Sensitive Areas Commission Ordinance 1 I (TMC 18.45 180 I Public Hearing Design I Board of City Council Review Architectural I I (TMC Chapter 18.60, ! Review i 18.56 040 and Shoreline I ! Master Pro am ! Variance from Parking I Planning City Council ! Standards Over 10% I Commission I TMC 18.56.140 I i Modification or Waiver to Planning City Council Loading Zone or Bicycle Commission Parking Requirements ! (TMC 18.56.060 or .130) I Conditional Use Permit i Planning I City Council (TMC Cha ter 18.64 I Commission I Unique Signs I Planning City Council L TMC 19.28.010 I Commission F Type 5 decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Mobile Homes NGikn 811 112005 Page 5 of6 DECISION MAKER City Council City Council City Council City Council City Council City Council City Council Section 5. Ordinance 1819 81 (part), as codified at TMC Chapter 1870055 (Mobile and Manufactured Homes), is hereby deleted in its entirety Section 6. 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 7. 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 , 2005 ATTEST/ AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Office of the City Attorney Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number APPROVED AS TO FORM BY Mobile Homes NGIkn 8111/2005 Page 6 of6 UNCIL AGENDA SiwosIs �qs ITEM NO. 4/�' ti. 0 4 I ilvIeetzng Date Prepared by Mayor's review Council review s a p 8/15/05 1 MC A )L,(v�' 1'S( 8. ITEM INFORMATION CAS NUMBER. 05-115 I ORIGINALAGENDADATE. AUGUST 15, 2005 AGENDA ITEM TITLE Resolution Setting Public Hearing date for the Street Vacation of South 124 Street from East Marginal Way South to Tukwila International Blvd. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 11Itg Date Mtg Date Mtg Date 8/15/05 illtg Date llltg Date Altg Date Altg Date I SPONSOR Council El Mayor Adra Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S This resolution is to set a public hearing date of September 19, 2005 for the street SUMMARY vacation of South 124 Street, from East Marginal Way South to Tukwila International Blvd. RCW 35.79.010 requires a public hearing to consider vacating public right -of -way. REVIEWED BY COW Ivltg CA &P Cmte F &S Cmte Transportation Cmte Utilities Crate Arts Comm. Parks Comm. Planning Comm. DA 1E. RECOMMENDATIONS: SPONSOR /ADMIN Approve Resolution setting public hearing for September 19, 2005. COMmMI1"U8E COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 1 8/15/05 1 I 1 1 I 1 I MTG. DATE 1 ATTACHMENTS 8/15/05 1 Information Memo dated August 9, 2005 Petition for Vacation of Streets 1 Vacation Site Map 1 1 Resolution final format I I 1 1 INFORlVIATION MElVIO To: Subject: Mayor Mullet Public Works Directo~ August 9, 2005 Petition for Vacation of South 124th Street from East Marginal Way South to Tukwila International Boulevard From: Date: ISSUE On July 19, 2005, petItioner The Sabey Corporation, provided a complete request for the vacation includmg the required signatures oftwo-tmrds of property owners abutting South 124th Street. An appraisal was provided. BACKGROUND The Sabey CorporatIon now owns all the property on both sides of South 124th Street west of East Marginal Way South to the end of the public street, approximately 695 feet. ALTERNATIVES The Council may approve the resolution to set a Public Hearing date or it may deny the request for the vacation. RECOMMENDATION Approve resolution setting a date for the Public Hearing for vacatIOn of South 124th Street from East Marginal Way South to Tukwila International Boulevard. MC.lw (P:Laurie AdminlMike\memo08090Ssm Vacation of 5 J24 St) " PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35,79 TO THE TUKWILA CITY COUNCIL: 1 The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description If legal description is long, please attach. Attach a site plan of the area to be vacated.) 2. The names and addresses of ALL property owners abutting on the property to be vacated are as follows: do not include Ci -owned ro e Owner Name (print) Property Address Intergate East LLC 12401 East Mar inal Way 3600 S. 124th Street Total fronta~e (feet) 792 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right-of-way: (do not include City-owned property) Owner Name Property Address (,Si~naturel 12401 East Mar inal Way 3600 S. 124th Street Total frontaqe (feet) 7 2 a ap rox. 792 4 In accordance with Resolution 1499, the $1200 fee for street vacation has been received. DATE RECEIPT NO CLERK SIGNATURE Vacation Site Map ~ F~'<-':~~;;""'~"-1<S'~\~"t~ "<S'~' / :;/j;, ", ~1 9.-'! ," , ' G\ 1 ?~\~. d~ \'tI>\ 'rH . , ~; '~;;:Y City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF SOUTH 124TH STREET FROM EAST MARGINAL WAY SOUTH TO TUKWILA INTERNATIONAL BOULEVARD. WHEREAS, the owner of the property abutting the right-of-way has petitioned to vacate South 124th Street from East Marginal Way South to Tukwila International Boulevard, and WHEREAS, RCW 35.79 010 requires setting a public hearing by resolution, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing upon the vacation of South 124th Street from East Marginal Way South to Tukwila International Boulevard shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on September 19, 2005, which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right-of-way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right-of-way sought to be vacated at least 20 days prior to the date set for hearing. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of .2005 Pamela Linder, Council President ATTEST/ AUTHENTICATED' Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORi\1. By' Office of the City Attorney Filed with the City Clerk: Passed by the City Council. Resolution Number STV-124111 al Ei'"IW MC:bjs 8/15/2005 Tentative Agenda Schedule MONTH MEEtiNG!... MEETING 2 ;.,/ - :MEETING 3 ~ .MEETING 4- REGULAR , _>"C.9~W.. REGULAR , C.O.W. August 1 8 15 22 2'/"- Special Issues: Fifth Monday See agenda packet Update on 2005 trans- of the month- cover sheet for this portation funding and 110 Council week's agenda proposed projects. meeting (August 15. 2005 scheduled Regular l\leeting) 8/22/05 COMl\-!ITIEE ; OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING. Sept. 6 (Tuesday) 12 19 26 -fh Proclamation. J - Proclamation designating Labor Day (City offices Saturday, September 24, closed) 2005, as the annual "Mayor's Day of Concern for the Hungry " Public Hearing: Vacating South 124th Sept..8JThurs.) Street from East Marginal Way South to . Special Meeting Tukwila International (Joint CoiH!cilJ - . Blvd. Planning Com11liss.ion . work Si!s$ion) , 5:00-8:00 PM Council Chambers Unfinished Business: Transportation element. (Rescheduledfrom August 25, 2005 ) October 3 10 17 24 3(/'- Return to standard time 31st- Fifth Monday of the month- 110 Council meeting scheduled Upcoming Meetings & Events AUGUST 2005 y Finance & Safety Cmte, 5'00 PI.I (CR #3) Utilities Cmte, 5:00 PM (CR #1) Chipper Day 10:00 A'>I-1:00 P~1 y City Council Regular Mtg., 7:00 PM (Council Chambers) FARMERS MARKET 14300 Tukwila Jm '1. Blvd. (across from Larry's Market) Every Wednesday (now through Aug. 31) 3:00 to 7:00 PM '-_.J rij~" Tukwila's 2nd Annual Car Show 10:00 A....'-2:00 PM . So. 144th St. and Hwy 99 (between Bartell's and Cascade View Park) Call 206-433-/834 for information or to volunteer ~ Parks Commission, 5.30 PM (Community Center) Transportation Cmte, 5:00 PM (CR #1) "Music in the Park" FREE! 6:30 - 7:30 PM Cascade View Community Park (/42/1 37thAI.e. S.) This week's concert features Ed Hartman. 24th (\Vedn~SdaY FARMERS MARKET Every Wednesday (now through Aug. 31) 3:00 to 7:00 P~l Lodging Tax Advisory Crnte, 12:00 NOON (Courtyard by ]"farriott at Southcenter) 10th Annual Hwy 99 Barbecue FREE! 11:00 A'>'1-3:00 PM SE comer of Larry's ~"';;'. ~\) Mark~t " parkmg '. lot at 3725 So. 144th St.) Call 206-248-0908 or information. 27th Saturdav) Highway 99 Trash Pickup Day 9:00 - 10:00 AM For location call Donna at 206-242-5556 ~ City Council Committee of the Whole Mtg., 7-00 PM (Council Chambers) ~ Special Meeting (to immediately follow the Commiltee of the Whole meeting) iJ~ "'7.;i.i!f~llf ~ Planning Commission, 7:00 P~I (Council Chambers) "Music in the Park" 6:30 - 7:30 PM Cascade View Community Park (/42lJ 37th Ave, S.) This week's concert features Nonnando Brenis & Los de Rio. }> COPCAB, 6:30 PM (CR #5) }> Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-243-6506. ~ Arts Commission: 1st Tues., 5:00 PM. Tukwila Community Center Contact Kimberly Matej at 206-767-2342. ~ Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1 st Tues., 12:00 Noon. Chamber Offices. Contact Nancy Damon at 206-575-1633. :.- Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to I :00 PM. Foster HS Main Parking Lot. }> City Council Committee of Wbole (C.O.W.) Meeting: 2nd & 4th Mon" 7:00 pm, Council Chambers at City Hall. }> City Council Regular Meeting: 1 st & 3rd Mon" 7:00 PM. Council Chambers at City Hall. y Civil Service Commission: 2nd Mon" 5:00 PM. Conf. Room #3. Contact Bev Willison at 206-433-1844 Y Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM. Conf. Room #3. ~COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM. Conf. Rm #5 Marja Murray (206-433-7175). :r Crime Hot Spots Task Force: 3rd Wed., 10:00 A'>'. Conf. Room #5. Contact Marja Murray at 206-433-7175 ? Domestic Violence Task Force: 3rd Thurs., 12:00 Noon. Conf. Room #5 Contact Evie Boykan or Stacy Hansen at 206-433-7180. :;.. Equity & Diversity Commission: 1st Thurs., 5.15 PM. Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834. ? Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM. Conf. Room #3 Agenda items for 8/1 5/05 meeting' (A) Proposed ordinance re cheating in carclrooms, mini-casinos, gambling establishments, (B) Proposed financial policies. )> Highway 99 Action Committee: 2nd Tues., 7:00 PM. Tukwila Community Center Contact Chief Dave Haynes at 206-433-1812. }> Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM. Human Services Office. Contact Evie Boykan at 206-433-7180. ? Human Services Providers: 11.30 AM. TCC. (tentative schedule: 3/18. 6/17. 9/16. 12i2)' Contact Stacy Hansen at 206-433-7181 >- Library Advisory Board. 2nd Tues., 7:00 PM. Foster Library Contact Bruce Fletcher at 206-767-2343 }> Lodging Tax Advisory Committee: Every other month (or as scheduled), 12 NOON. Contact Katherine Kertzman at 206-575-2489 ;.. Parks Commission: 3rd Wed., 5.30 PM. Senior Game Room at Communitv Center Contact Kimberly Matej at 206-767-2342. .,. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 PM. Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. y Transportation Committee: 2nd & 4th Mon., 5:00 rc.1. Conf. Room #1 ~ Utilities Committee: 1st & 3rd Tues" 5:00 PM. Conf. Room #1 Agenda items for 8/16/05 meeting: (A) Clearwire Communications franchise agreemelJt. (B) Right-ol-way management. (C) 2005 Second quarter report,