HomeMy WebLinkAbout95-070 - BBN Trust Imus & Bergan - Exchange and Use of Real Property9505030375
Agreement for Exchange and Use of Real Property !�
This agreement is entered to exchange parcels of real property, to provide easements, to
establish responsibilities for construction and maintenance of a jointly used facility, and for other
related purposes.
Parties
1 The parties to this agreement are: B B.N Trust [Trust], Richard L. Imus and
Louis A. Bergan, Jr as tenants in common [Imus/Bergan], Fairway Center Associates, a
Washington partnership [Fairway], the City of Tukwila [City], and S B D Inc., a Washington
corporation [SBD]
2. Trust represents that it is the owner of certain real property in the City of
Tukwila in the vicinity of the parcels exchanged by this agreement. Trust's property will be called
Trust Property hereinafter Trust also represents that it is authorized to affect Trust Property as is
done by this agreement.
3 Imus/Bergan represents that it is the owner of certain property in the City of
Tukwila m the vicinity of the parcels exchanged by this agreement. The Imus/Bergan property
will be called Imus Property hereinafter Imus/Bergan also represents that it is authorized to
affect Imus Property as is done by this agreement at that all or part of the Imus Property is leased
to ATACS Products Co
4. Fairway represents that it is the owner of certain property in the City of
Tukwila in the vicinity of the parcels exchanged by this agreement. Fairway's property will be
called Fairway Property hereinafter Fairway also represents that it is authorized to affect Fairway
Property as is done by this agreement.
5 SBD represents that is the tenant of Trust Property By the signature of its
authorized representative, it approves this agreement.
6 City is a Washington State Municipal corporation. It represents that it has
obtained or will obtain a shoreline permit for the new construction identified in this agreement.
7 Each person sigrung this agreement represents to all parties that he/she has
authority to do so for his/her principal.
Term
1 All parcels transferred and easements created by this agreement are depicted
in attachments hereto The attachments are adopted by this reference. All references to parcels
are with reference to the attachments.
2 Attachment 6 is a collection of the legal descriptions of parcels exchanged and
rights of way created by this agreement.
Agreement for Exchange and Use of Real Property
Page 2
3 City will vacate parcels B, C, D, F, G, H, I, J, except those portions of parcels
C, F, G and I which are overlapped by parcels A or E. If approved by the City Council, the Mayor
will execute such ordinances as are required for this vacation.
4. The parties agree to the following distribution of the vacated parcels and, for
that purpose, will provide the recipient with such Quit Claim Deed as the recipient reasonably
requires.
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a. Parcels B, C (except to the extent overlapped by parcel A), H (and G,
except to the extent overlapped by Parcel A) are to be transferred to
Trust.
b Parcels D and F (except to the extend overlapped by parcel E) are to be
transferred to Imus/Bergan.
c. Parcels I (except to the extent overlapped by parcel A) and J are to be
transferred to Fairway
d. Signal pole easement in Parcel G.
5 The parties hereby grant City with the following easements.
a. Easement for roadway use at parcels A and E.
b Easement for underground utilities at parcels B and D
c. Easement for storm drainage hne under parcels G, H, I, and J
d. Trail easement on parcels G, I, and J
6 The parties agree to the following parking arrangement, and that the parking
arrangement shall constitute a covenant running with the land for all parcels depicted in the
attachments.
a. As depicted in attachment 1, stalls numbered 1 through 18 shall be
reserved for use by Fairway and its tenants and guests from 6.00 a.m.
to 6.00 p.m. Monday through Friday These stalls shall be counted
towards satisfaction of City's parking requirements for Fairway
property At all other times, and on generally accepted holidays, these
stalls shall be available for use by (1) Trust for parking of its tenants
and guests, and be useful towards satisfaction of City's parking
requirements for Trust property; and (2) members of the public while
using the trail referred to in this agreement. Parties shall cooperate in
resolving conflicts.
Agreement for Exchange and Use of Real Property
Page 3
maintenance:
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b Stalls numbered 19 through 23 and 73 through 77 shall be reserved for
members of the public for use of the trail identified by this agreement.
c. Parties grant one another access to the parking facility as indicated m
the attachments
7 The parties agree to the following arrangements regarding construction and
a. City will modify the a signal at the intersection of South 141st Pl. and
Interurban Avenue South and construct or have constructed the
curbing and trail adjacent to Parcels A and E
b City will revise or have revised the location of the fire hydrant now
located in the vicinity of stalls 91 and 92 so as to facilitate the proper
use of all stalls.
c. Trust will construct or have constructed all other improvements
depicted on Attachment 1, Provided, however, that Fairway will
construct or have constructed landscaping called out by Attachment 1
for Fairway property and/or parcels transferred to Fairway by this
agreement. Fairway's responsibility for payment shall be limited to
$25,000 Reasonable expenses over that amount shall be reimbursed by
Trust. Should Fairway complete such landscaping work for less than
$25,000, the remainder will be paid to Trust to reimburse Trust's
construction expenses.
d All construction under this agreement will be completed on or before
one year after the execution of this agreement. In the event of default
by any party, any other party may start and/or complete the
construction for the account of the party or parties in default provided
that it first gives the defaulting party reasonable notice of its intent to
do so
e. Trust will maintain all parking stalls and landscaping. Maintenance
shall include, but not be limited to, daily picking up of trash, monthly
sweeping of the parking stalls, and restriping and paving the parking
service as necessary
f City will plant and maintain all trees required by the shoreline permit.
If there is a conflict between this subparagraph f and any other
subparagraphs of paragraph 7, this subparagraph f controls
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Agreement for Exchange and Use of Real Property
Page 4
g City will release to Fairway $3,750 00 representing the proceeds of an
econobloc bond.
8 Each party is given by this agreement the nght to use and/or have used
certain property The recipient party shall forever defend and indemnify the others from and
against all costs and claims arising out of or relating to the exercise of such right, except to the
extent that the cost or claim arises out of or relates to the negligence of the indemnified party
9 This document incorporates all terms of this agreement.
Date: CITY OF TUKWILA
Date:
Date:
Date. /0 ^ T / 27`
Date.
Date.
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B \IL Gf)
dTh‘,John W Rants, Mayor
B B.N TRUST
By „4_a e)
Beiu Woyvodich
Title. Trustee
SBD,IN
By
eve Dowen
Title: President
Agreement For Exchange ono Use of Real Property
• Page 5
Date:
- Z - _95-
Approved
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Approved As To Form
Office of The City Attorney
9505030375
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9505030375
CITY OF TUKWILA
6200 SOUTHCENTER BLVD
TUKWILA, WA 9818&
City of Tukwila
Washington
Ordinance No. 17a 2
AN ORDINANCE OF THE CITY COUNCIL OF TUKWILA,
WASHINGTON VACATING CERTAIN PROPERTY LOCATED
WITHIN THE CITY DEDICATED FOR STREET PURPOSES
GENERALLY DESCRIBED AS MAULE AVENUE BETWEEN
SOUTH 141ST STREET AND SOUTH 141ST PLACE AND SOUTH
141ST STREET BETWEEN INTERURBAN AVENUE SOUTH AND
MAULE AVENUE, AMENDING THE OFFICIAL STREET MAP OF
THE CITY; PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila City Council conducted a public hearing on April 25, 1994
for the purpose of considering the vacation of certain property located in the City of Tukwila, as
described above, and
WHEREAS, the owners of the land affected by this vacation have entered into an
agreement for the exchange and use of real property [Agreement], which Agreement is attached
hereto and by this reference incorporated herein, and
WHEREAS, TMC 11.60 identifies street vacation procedure including a public hearing by
resolution, Department of Community Development and Public Works review and comment, and
forwarding all relevant information to City Council, all of which have been done, and,
WHEREAS, after conclusion of the public hearing, the City Council found that the property
should be vacated, subject to the conditions identified in the Agreement, and
WHEREAS, the City Council has determined that the fulfillment of the conditions specified
herein shall constitute consideration in lieu of money, as authorized by the Tukwila Municipal
Code 11.60 050.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Vacation. The following property hereby is vacated.
1 Maule Avenue between South 141st Street and South 141st Place;
2. South 141st Street between Interurban Avenue and Maule Avenue.
This vacation is conditioned upon the satisfaction of conditions described in the
Agreement, including, but not limited to, a dedication of 20 feet of land for highway purposes
adjacent to the existing east right of way line of Interurban Avenue.
The City reserves an easement for underground utilities in vacated Maule Avenue, parcels
B and D of the attached Agreement. This easement shall terminate at such time as the existing
underground utilities are relocated away from that parcel.
Section 2. Duties of City Clerk. The City Clerk is hereby directed to record a certified
copy of this ordinance with King County, upon determination by the City Public Works Director
that the conditions referenced above have been satisfied.
SIM0338 A.LNNfO3 3t
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Section 3. Amendment of Official Street Map. Upon the recording of a certified copy
of the ordinance, the City Public Works Director shall amend the City's official street map to be
consistent with this ordinance and its attachment.
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 5. 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 (5) days after
passage and publication as provided by law
PASSED BY THE CITY COUNIL OF TH ITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 2.. — day of ,-, ,1994.
ATTEST /AUTHENTICATED
. Cantu, City Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY
By
FILED WITH THE CITY CLERK. V-2- P- % V
PASSED BY THE CITY COUNCIL. $ = - 5 y
PUBLISHED- 6-/0 _f
EFFECTIVE DATE. /
ORDINANCE NO / 7
9505030375
SUMMARY OF ORDINANCE NO / 702
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY
LOCATED WITHIN THE CITY DEDICATED FOR STREET
PURPOSES GENERALLY DESCRIBED AS MAULE AVENUE
BETWEEN SOUTH 141ST STREET AND SOUTH 141ST
PLACE AND SOUTH 141ST STREET BETWEEN
INTERURBAN AVENUE SOUTH AND MAULE AVENUE,
AMENDING THE OFFICIAL STREET MAP OF THE CITY,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN
EFFECTIVE DATE.
On C722/5y ,(the City Council of the City of Tukwila passed Ordinance
No. / 70a , vacating Maule Ave. between S 141st St. and S 141st Pl., and S 141st Street
between Interurban Ave. S and Maule Ave. for highway purposes; and City reserves an
easement for underground utilities in vacated Maule Ave., providing for severability, and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times. $--/G —1 V
FiL
E. Cantu, City Clerk