HomeMy WebLinkAbout07-139 - Toddland LLC - Allowance of Short Plat Recording 46 0
AGREEMENT
THIS AGREEMENT (hereinafter "Agreement is entered into by and between the CITY
OF TUKWILA (hereinafter the "City and Toddland LLC (hereinafter "Toddland as of the last
date of execution by all signatories (collectively hereinafter "Parties set forth below.
RECITALS
WHEREAS, Toddland owns real property in the City of Tukwila located at 13302 56 Ave
S, King County Parcel Number 217200- 0225 -07 (hereinafter "Property and
WHEREAS, Toddland has been given preliminary approval of a short plat which has been
assigned the following file number L06 -041; and
WHEREAS, the City's Parks and Recreation Department has a purchase and sale agreement
to purchase two of the lots (hereinafter "Parks Lots created via short plat L06- 041 and
WHEREAS, access to the Parks' Lots will be via an access drive which is described in the
short plat as "Tract X" (See Exhibit A) and
WHEREAS, "Tract X" will also provide emergency access to homes that are to be
constructed by the Property Owners; and
WHEREAS, the City has required the dedication of Tract X to the City's Department of
Parks and Recreation as a condition of preliminary approval; and
WHEREAS, all parties wish to move the transfer of property to the City as expeditiously as
possible;
NOW, THEREFORE, in consideration of the following mutual promises and covenants, the
Parties agree as follows:
Section 1. Agreement. The City agrees to allow the short plat to be recorded prior to
receiving the transfer of Tract X. Toddland agrees to transfer ownership of Tract X to the City's
Parks and Recreation Department within 90 -days of the purchase of lots 7 and 8 of Short Plat L06-
041 by the City's Parks and Recreation Department.
Section 2. Improvements to Tract "X Toddland shall be fully responsible for the
construction of improvements on Tract X which shall meet the requirements and standards of the
City's Fire Department and Public Works Department.
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Section 3. Binding Nature of Agreement. This Agreement shall be binding upon and inure
to the benefit of the Parties, their heirs, executors, administrators, successors, devisees, assigns and
all persons now or hereafter holding or having all or any part of the interest of a Party to this
Agreement.
Section 4. Attorneys' Fees. In any action between the Parties to this Agreement to enforce
any of its terms, the prevailing Party shall be entitled to recover expenses, including reasonable
attorneys' fees and costs.
Section 5. Governing Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. Venue for any action arising out of or
relating to this Agreement shall lie in King County Superior Court.
Section 6. Entire Agreement. This Agreement contains the entire understanding between
the Parties with respect to the subject matter hereof There are no other representations, agreements,
arrangements, or understandings, verbal or written, between and among the Parties relating to the
subject matter of this Agreement. No amendment or modification to this Agreement shall be valid
or effective unless made in writing and executed by all the Parties after the effective date of this
Agreement.
Section 7. Counterpart Originals. This Agreement may be executed in multiple counterpart
originals, each of which shall be deemed to constitute an original agreement, and all of which shall
constitute one agreement. The execution of one counterpart by a Party shall have the same force
and effect as if that Party had signed all other counterparts.
CITY OF TUKWILA
Date: G0,6 -0r)
Steven M. Mullet, Mayor
Attest/Authenticated:
E. Cantu, C',MC, City Clerk Office of the City Attorney
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Approved as to Form:
Exhibit "A"
Legal Description for Tract "X"
COMMENCING AT THE NORTHWEST CORNER OF TRACT 44, PLAT OF SECOND ADDITION
EAST RIVERTON GARDEN TRACTS, RECORDED IN VOLUME 12 OF PLATS, PAGE 79,
RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 56 °20'00" EAST ALONG THE
SOUTHERLY MARGIN OF SAID TRACT 44, 243.64 FEET; THENCE NORTH 33 °44'00" EAST 3.36
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 33 °44'00" EAST 156.72
FEET TO THE SOUTHERLY MARGIN OF SOUTH 133 STREET; THENCE SOUTH 56 °20'00"
EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 133 STREET 20.00 FEET; THENCE
SOUTH 33 0 40'00" WEST 156.72 FEET; THENCE 56 °20'00" WEST 20.00 FEET TO THE POINT OF
BEGINNING.
As depicted in Tukwila Short Plat number L06 -041
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