HomeMy WebLinkAboutOrd 0831 - Rezone Cheney Property to C-2 Retail (Repealed by Ord 1757) 411 41i
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CITY OF TUK CD
WASHINGTON
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Ql /7 7ORDINANCE NO. 831 4 a/
ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF
THE CITY OF TUKWILA AND RECLASSIFYING CERTAIN
PROPERTY FROM RMH ZONING TO C2 ZONING WITHIN
THE CITY OF TUKWILA.
WHEREAS, Leroy A. Bowen, Donald A. Wilcox, Delbert J.
Cheney and Gayle B. Cheney, the owners of the real property de-
scribed herein, having petitioned the Planning Commission re-
questing reclassification of said property from RMH zoning to
C2 zoning, and for amendment of the Comprehensive Plan, and
WHEREAS, On June 21, 1973, a public hearing on said
petition was held before the Planning Commission of the City of
Tukwila and the City Council having received a favorable recommenda-
tion from the Planning Commission with respect to the aforementioned
petition and the City Council having held public hearings on said
petition on September 24, 1973, and on December 10, 1973, and
WHEREAS, The City Council finds the requested classifi-
cation to be in furtherance of the public health, safety and
general welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Comprehensive Plan of the City of
Tukwila is hereby amended to include the property described in
Exhibit A attached hereto, by planning the use of said property
to be classified as C2, in accordance with Ordinance No. 251 of
the City of Tukwila, as amended, and the City Council hereby
adopts the attached map which illustrates the location of said
property.
Section 2. Thgt C2 zoning is subject to the owners
executing and causing to be recorded within thirty days of the
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effective da divance
to of this or
the form set forth reference.
in refe
and i covenants herein to
and incorporated by Clerk is direc
The City
Ordinance with the County
Y TKE CITY CCU MCIL
torir this
the City of Tukw washing
as to Form:
APPr °ved
City/ Attorney
Publ ished:
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f ive
declaration of re stric tive a ibit B attached her
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cord a coPY
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the Mayor of
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approved of De cembe r l9
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EXHIBIT A
That portion of Tract Two (2) in Brookvale
Garden tracts, Vol. 10 of Plats, p. 47, Records
of King County, Washington, lying northerly of
Renton Three Tree Point Road and lying westerly
of 52nd Avenue South as conveyed to the State
of Washington by AF# 5510778, EXCEPT the North 140.0
feet of the East 441.0 feet thereof and EXCEPT the
West 100.0 feet thereof.
Also that portion of the East 225 feet in width
of Lot 2, Brookvale Garden tracts lying northerly
of Renton Three Tree Point Road Except the North
140 feet thereof.
EXHIBIT B
DECLARATION OF RESTRICTIVE COVENANTS
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CD WHEREAS LeRoy A. Bowen, a single man, and Donald A. Wilcox,
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N a separate estate, Delbert J. Cheney and Gayle B. Cheney, are the
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owners of real property located in the City of Tukwila, County of
King, State of Washington, described as follows:
That portion of Tract Two (2) in Brookvale Garden Tracts
Volume 10 of Plats on Page 47 Records of King County, Lying
Northerly of Renton Three Tree Point Road and Lying Westerly
of 52nd Avenue South as conveyed to State of Washington by
AF# 5510778 EXCEPT the North 140.0 feet of the East 441.0
feet thereof and EXCEPT the WEST 100.0 feet thereof.
ALSO that portion of the East 225 feet in width of Lot 2
Brookvale Garden Tracts Lying Northerly of Renton Three
Tree Point Road EXCEPT the North 140.0 feet thereof.
WHEREAS the owners of said described property desire to
impose the following restrictive covenants running with the land as
to use, present and future, thereof;
NOW, THEREFORE, the aforesaid owners hereby establish,
grant, and impose restrictions and covenants running with said land
as to the use thereof by the undersigned, their successors, heirs,
and assigns, as follows:
I. LAND USE
On the above described property, no building or land
shall be used and no building shall be erected, altered,
or enlarged, which is arranged, intended or designed
for other than one of the following uses: Apartment
houses, boarding houses, lodging houses, clinics,
convalescent homes, convents, private clubs or fraternal
orders, office buildings, hotels, motels, banks, barber
shops, beauty shops, book or stationery stores, clothing
stores, confectionary stores, drug stores, dry goods
stores, electrical shops, radio or television repair
shops, florist shops, furniture stores, grocery stores,
hardware stores, jewelry stores, laundromats, restaurants,
shoe stores, automobile sales lots, bakery or pastry
shops, bars or cocktail lounges, billiard or pool halls,
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CQ bowling alleys, business or commercial schools
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CD graphic studios, drive -in restaurants, dry cleaning
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establishments, funeral homes, ice cream stores, printing
shops, finance compaines, theaters, safe and lock shops,
and other retail business activities considered similar
to those enumerated above by the Tukwila Planning
Department.
II. DEVELOPMENT PLANS
Development or redevelopment of said land shall be in
accordance with the plans approved by said Planning
Commission as well as by the Building and Engineering
Officials of said City, and shall include but not be
limited to the following items:
Buildings or other structures;
Removal of vegetation and filling or grading;
Landscaping; and
Access
III. SETBACKS
No building or structure shall be permitted or located
nearer to any public right -of -way than a distance equal
to the height of such building or structure; however in
no case need the setback be greater than forty (40)
feet from any public right -of -way or twenty (20) feet
from any property line not adjacent a public right -of -way.
IV. LANDSCAPING
There shall be established and maintained adjacent all
public rights -of -way a landscaped strip ten (10) feet in
width, except for driveways not to exceed thirty (30) feet
in width. There shall also be established and maintained
adjacent all property lines not abutting a public right-
of-way a landscaped strip five (5) feet in width, except for
driveways not to exceed twenty -four (24) feet in width.
In addition to the above required landscaping, for paved
areas exceeding ten thousand (10,000) square feet in area
3
five (5) per cent of such areas shall be appropriately
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v j landscaped and maintained. All landscaped areas shall be
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served by an automatic underground sprinkler system and
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CD the plans for all landscaping are subject to approval by
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the City Planning Commission.
V. OUTSIDE STORAGE
There shall be no outside storage of non rolling goods or
materials whatever. Garbage must be kept within a structure
or separate walled area of brick or better surrounded on at
least three (3) sides by landscaped strips at least five (5)
feet in width.
VI. TIME PERIOD
These covenants shall run with the land and expire on
December 31, 1999, however if said land is not rezoned
to C -2 (Local Retail Business) classification on or before
December 31, 1973, said covenent shall be null and void.
Any violation or breach of any of these restrictive
covenants may be enforced by appropriate legal procedures
in the Superior Court of King County or any other court or
tribunal having jurisdiction thereover either by the City
of Tukwila or any property owners adjoining said land who
are adversely affected by said violation or breach.
LeRoy A,l Bowen
Delbert J. Cheney
Gay `Ie B. Cheney
Donald A. Wilcox
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�c") STATE OF WASHINGTON
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C V COUNTY OF KING
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CD On this day of f-e2a. 1974 before me
personally appeared the individuals above signed, who executed the
within and foregoing instrument and acknowledged it to be their
free and voluntary act for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal on said day and year.
SW4 i
LVOTiRX PUBLIC in a4 :g
State' of, Wa hingtob, ,dji.� g.
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