HomeMy WebLinkAboutOrd 0809 - Rezone Lamb Property to Retail (C-2) IC
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CD gO O RDINANCE NO. 809 O 9
AN ORDINANCE RE- CLASSIFYING CERTAIN PROPERTY
FROM R -1 ZONING TO C -2 ZONING WITHIN THE CITY
OF TUKWILA, WASHINGTON.
WHEREAS, Charles A. and Eliza H. Fox, Herbert L. and
Doris M. Lamb, Katherine A. Naylor and Alma C. St. Pierre, the
owners of the following described property having petitioned
the Planning Commission requesting re- classification of said
property from R -1 zoning to C -2 zoning in conformity with the
comprehensive plan, and
WHEREAS, On June 28, 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 recomm-
endation from the Planning Commission with respect to the
aforementioned petition, and the City Council having held a
public hearing on said petition on September 24, 1973, and
WHEREAS, The City Council finds the requested classi-
fication 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:
That the real property described in Exhibit A attached
hereto is hereby classified as C -2 in accordance with Ordinance
No. 251 of the City of Tukwila, as amended.
Re- zoning to C -2 is subject to the property owners
executing a declaration of restrictive covenants and causing the
same to be recorded with the County Auditor within thirty days
following the effective date of this Ordinance, said declaration
of restrictive covenants to be in the form set forth in
Exhibit B attached hereto and incorporated herein by reference.
Failure to executeand record such declaration of restrictive
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covenants shall invalidate this re -zone ordinance.
The City Clerk is directed to record a copy of this
Ordinance with the County Recorder.
PASSED BY THE CITY COUNCIL And approved by the Mayor
of the City of Tukwila, Washington, this c'{,,i day of Se J/em
1973.
Approved as to Form:
4 11421a .ty Attorney
Published: i, ig �ii2,e /rnes 7/46/7,6
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EXHIBIT A
That portion of the SW Quarter of Sec. 23,
Twp. 23 N., R. 4 E.W.M., described as follows:
Tracts 3 and 4 of Brookvale Garden Tracts, as
recorded in Vol. 10 of Plats, p. 47, Records
of King County, Washington, less all City, County
and State rights -of -way.
DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS Charles A. Fox and Eliza Fox, Herbert L. Lamb
and Doris M. Lamb, Katherine A. Naylor, a single woman, and Alma
C. St. Pierre, a separate estate, are the owners of real property
located in the City of Tukwila, County of King, State of Washington,
described as follows:
That portion of the SW a of Section 23, Township 23 N., Range
4 E.W.M., described as follows: Tracts 3 and 4 of Brookvale
Garden Tracts, as recorded in Volume 10 of Plats, page 47,
records of King County, Washington, less all City, County, and
State rights -of -way.
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,
bowling alleys, business or commercial schools, photographic
studios, drive -in restaurants, dry cleaning establishments,
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funeral homes, ice cream stores, printing shops, finance
companies, theaters, commercial greenhouses, and other
retail business activities considered similar to those
CV enumerated above by the Tukwila Planning Department.
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O II. DEVELOPMENT PLANS
O Development or redevelopment of said land shall be in
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Cam1 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 public line not adjacent a public right -of -way.
IV. LANDSCAPING
There shall be established and maintained adjacent all
City of Tukwila 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 or abutting the Tukwila
Freeway Interchange 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 land-
scaping, for paved areas exceeding ten thousand (10,000)
square feet in area five (5) per cent of such areas shall
be appropriately landscaped and maintained. All land-
scaped areas shall be served by an automatic underground
sprinkler system and the plans for all landscaping are
subject to approval by 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. RIGHT -OF -WAY DEDICATION
Upon development of the subject property for any use other
than for single family residences a strip of land ten (10)
feet in width and running north to south adjacent the west
boundary of Fifty -Third Avenue South, from Southcenter
Boulevard to the Tukwila Interchange respectively, must be
dedicated by the property owner to the City of Tukwila at
no cost to the City of Tukwila.
VII. 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 covenant 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.
dud. o
Charles A. Fox
Herbert L. Lamb
Katherine A. Naylor 0
Eliza Fox
Doris M. Lamb
Alms C. St. Pierre
STATE OF WASHINGTON
COUNTY OF KING
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On this 1st day of Oct.
1973, 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.
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ON IN WITNESS WHEREOF, I have hereunto set my hand and affixed
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C my official seal on said day and year.
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NOTARY 'PUBLIC in apd ./o :.the!
State of WashingtohoC irig,
at Tukwila �0' N