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HomeMy WebLinkAbout92-104 - McLeod Development Company - Development Agreement (Burlington Railroad / Union Pacific)/--0191 ///. `77n GAel° N 0' DEVELOPER'S AGREEMENT THIS AGREEMENT is made and entered into on the City of Tukwila, a Washington municipal corporation referred to as "City"), and McLeod Development Company referred to as "Owner"). between (hereinafter (hereinafter WITNESSETH 0, WHEREAS, Owner owns certain real property which is legally ti described in Exhibit A, and hereinafter referred to as "the Property" and is- located generally between Burlington Northern Railroad and to t Union Pacific Railroad tracks perpendicular to an extension of l)) O Strander Boulevard; and CO !.n CD CV WHEREAS, Owner made application'for a Tukwila Comprehensive Land Use Policy Plan Map change and rezone of the Property; and WHEREAS, the resulting change in potential use of the Property will create associated impacts and will allow for the construction of certain new uses; and WHEREAS, future development of the Property will require additional public storm drainage systems to accommodate development drainage and correct deficiencies in the existing drainage system serving this basin; the basis of which is in the comprehensive -1- surface water management system described in the Nelsen Place/Longacres Way Storm Drainage System Preliminary Design Report (stated as Nelson in the Report) Dated: 6/88) prepared for the City by Kramer, Chin and Mayo, Inc.; and WHEREAS, future development of the Property will create a need for vehicular access from West Valley Highway and Strander Boulevard and additional public right-of-way; and WHEREAS, future development of the Property will necessitate extensions and upgrades of city water and sewer lines which will benefit the Owner's properties; and WHEREAS, future development of the Property will also VI vnecessitate additional studies and other approvals and permits; f" V Q CV NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. RESPONSIBILITIES OF OWNER 1.1 No -Protest Agreement to the Formation of a Nelsen Place/Longacres Storm Drainage L.I.D. Owner acknowledges that Owner's Comprehensive Land Use Plan amendment and rezone and potential future development will have a cumulative impact on the storm drainage facilities identified in the Nelsen/Longacres Way Storm Drainage System Preliminary Design Report -2- 9205130556 basin within which the Owner's property is situated. The Owner's property will be specially benefited by improvements to such storm drainage facilities. Owner agrees not to protest the formation of any local improvement district according to the Nelsen Place/Longacres Preliminary Design Report as modified by the Hydraulic Analysis update as specified in Section 1.2 of this Agreement. Owner agrees that the construction of these storm drainage facilities benefits the Property, but retains the right to contest the method of calculating assessments in such LID and the amount thereof to be levied against the Property. 1.2 Preparation of Hydraulic Analysis of Nelsen Place/ Longacres Drain Basin Study The Owner agrees to carry out a. hydraulic analysis, at his sole expense, by a qualified professional engineer based on the 6/88 Nelsen/Longacres Way Storm Drainage System Preliminary Design Report, and to conduct the analysis using the January, 1990 King County Design Manual Standards. Owner further agrees to submit the analysis to the City Public Works Department for review and approval. This analysis shall identify the following: 1. Existing open space/parks land use runoff. 2. Rezone use with proposed impervious runoff surface. 3. Increase in runoff due to rezone change for open space to impervious surface. 4. Storage (in cubic feet) necessary to result in a no "runoff" increase condition. -3- 9205130554 5. Volume of storage displaced by fill to provide floor elevation within the 16 foot/100 year flood elevation shown on the September, 1989 FEMA maps. 1.3 Drainage Easements This property will need to drain to the 24" and future P-1 interceptor. The storm• drainage easements connecting from South 158th Street to the 24" and future P-1 will need to be identified. The development shall provide an easement dedication or means to guarantee easements for the Longacres/Nelsen Place drainage conveyance from South 158th Street to the 24" pipe and to a future P-1 interceptor located at the northeast property corner that can pass beneath the Burlington Northern Railroad tracks. If pipes are chosen, then a professional engineer's calculation of the pipe sizes, grades and hydraulic grade line will be needed for approval by Public Works. 1.4 No -Protest Agreement to the Formation of Future Sewer and Water LID Owner acknowledges that potential development due to Owner's Comprehensive Plan Map Amendment and Rezone will have an impact on the water and sewer facilities in the area of the Property. Owner acknowledges further that this Property will be benefited by extensions and upgrades to these water and sewer facilities to the extent these improvements provide new service to the Property. Owner agrees not to protest the formation of a local improvement -4- district for City sewer and water service areas which are lying east of the Green River to the easterly City Limits bounded on the north by the Green River and bounded on the south by the most southerly portion of the Renton Utility Service Area, as shown on Exhibits B and C. Sewer and water utility systems shall meet the most current City Utility Standards at the time of formation of the LID. Owner agrees that installation of these new sewer and water facilities, which provide new service, benefits the Property, but retains the right to contest the method of calculating assessments in such LIDs and the amounts thereof to be levied against the Property. 1.5 Sewer The Owner agrees to obtain an agreement from METRO authorizing the U) to discharge into their interceptor line. Owner agrees to meet any C conditions imposed by METRO to discharge into the interceptor if C METRO provides discharge approval. If METRO approval cannot be CV obtained, Owner agrees to enter into the No -Protest Agreement for a future sewer LID as outlined in Section 1.4 of this Agreement. 1.6 Transportation Impacts The rezone creates the probability of SIGNIFICANT increases in vehicle and pedestrian traffic. Mitigations and conditions will be determined for the rezone for any development proposal when submitted through additional environmental review and owner agrees to abide by same. -5- 1.7 Provide Access to Subject Properties Via Access Easement from the Eastern Terminus of Strander Boulevard to Western Property Edge The Owner shall provide a continuation of Strander Boulevard as a private road from the eastern terminus of Strander Boulevard to the western edge of the property as described in Exhibit A. The road will have a 60 foot easement over the Puget Sound Power and Light Property and a 40 foot easement over the Union Pacific Railroad right-of-way. The private street, sidewalk, necessary utilities, railroad crossing and miscellaneous improvements at Strander Boulevard and West Valley Highway will be at Owner's sole expense. The Owner will design the private road, sidewalk and utilities extensions to applicable City standards. The Owner will provide access/utility easements to the subject property at the Otime of application for B.A.R. The above executed Agreements will be C) submitted to City prior to issuance of a building permit. The O C. access/utilities easements or permits shall run for the life of any project resulting from this rezone for access and utility crossings of railroad and powerline right-of-ways. 1.8 No -Protest Agreement to the Formation of a Future Roadway Expansion of Strander Boulevard The Owner acknowledges the intent of the City to create a through street by extending Strander Boulevard to the western boundary of the City of Renton. The Owner agrees not to protest the formation of a local improvement district (LID) for the purpose of the extension of the Strander Boulevard right-of-way and to dedicate -6- the necessary 60 foot right-of-way. Such 60 foot right-of-way will be paid at the rate of $1.82 per square foot [appraised value at the time of rezone] and credited against the Development's final assessment. Any land credit in excess of the property final assessment will be paid back to the Owner.after the final assessment roll has been approved through the City Council. As it cannot be determined at this time as to whether the extension of Strander Boulevard will benefit the subject property, the Owner further agrees to, and hereby does, waive any and all severance damages attributed only to the acquisition of the reserved right-of-way by the City of Tukwila for the Strander Boulevard sidewalk and utility extensions in the reserved location so long as access is provided to property. Road LID assessments on the property .O shall include all administrative cost and shall be proportioned to U7 CD the benefit derived from the improvements. C') LC) C7 N Owner retains the right 'to contest the method of calculating lT assessments in such roadway dedication and extension LID and the amount thereof to be levied against the Property. 1.9 Prior to Application for Building Permit Owner will Consolidate Separate Tax Parcels and/or Provide 60 Foot Dedicated Right -of -Way to all Parcels Within Rezone Site. -7- 2. RESPONSIBILITIES OF CITY 2.1 Benefited Area and Assessments - Facilities The water line extensions and the storm drain lines and regional detention/biofiltration system to be constructed by. Owner, will directly benefit certain property not owned by the Owner and which cannot be legally described until the extent of the improvements has been determined. Pursuant to Chapter 35.91 RCW, or other applicable law the Owner agrees to develop a Latecomers Agreement, to be approved by the City, to reimburse Owner for its costs on a pro rata basis by assessing any owner of real estate located in the benefited area who does not contribute to the original cost of the facilities to be constructed by the Owner under this Agreement and who subsequently taps into and/or discharges to said facilities. The Agreement is to be completed by the Owner.and approved by the City at the time the facilities are turned over to the City for City review and approval. The pro rata share for any one parcel of real estate contained within the benefited area shall be computed by the Owner subject to approval by each parcel shall be Latecomer's Agreement. the City Engineer. shown on exhibits The City agrees The pro rata share for to be attached to the to pay Owner all sums collected, if any, pursuant to the Latecomer's Agreement within sixty (60) days after receipt thereof, less reasonable costs of administering the Agreement, until the total of said payments equal the cost of constructing the facility, less Owner's pro rata share, or when fifteen (15) years from the date of the Agreement has elapsed, whichever occurs first. -8- 9205130556 2.2 Surface Water Management System City will proceed with the design, engineering and construction of a surface water management system generally described as the updated "KCM Study" per Section 1.2. 2.3 Strander Boulevard Extension Prior to the formation of any LID for the purposes of extending Strander Boulevard the City shall give at least 90 days written notice to the Owner of its intended action. Such notice shall include the route and detail as agreed to by City and Union Pacific Railroad for the purposes of crossing the railroad. The City shall ensure that access to the Property is provided by some means from the West Valley Highway. The City shall recognize that the property will have business which must have means for egress and ingress for fire and police protection as well as commerce and shall provide for this access in its construction contracts. The Owner shall be given a notice at least 60 days prior to any alteration of the Owner's private road. The City acknowledges that only the City has the right to pursue a public crossing of the Union Pacific Railroad and the City shall be solely responsible for the filing of such applications. 3. NON -WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. -9- 4. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. Each party warrants that it has authority to enter this Agreement. 5. RECORDING This Agreement shall be recorded with the King County Department of Records and Elections, and the cost of said recording shall be paid by the Owner. .�� 6. ATTORNEY FEES L() U") In the event that either party shall commence litigation O C) against the other in order to enforce any term or condition of this CD Ln Agreement, the prevailing party in such litigation shall be entitled to recover its costs, including reasonable attorney fees. 7. EFFECTIVE DATE The responsibilities of the Owner under this Agreement are contingent upon the issuance of the requested approvals for the project. No obligation will arise until the issuance of such approvals. If Owner elects to proceed with any of the improvements set forth herein before the issuance of such approvals and, after installation of the improvements elects to abandon its development, Owner, its successors and assigns are entitled to the benefits set forth in this Agreement related to Latecomer's Agreements provided such improvements are approved and accepted by the City. -10- 9205130556 CITY OF TUKWILA ATTEST/AUTHENTICATED: OWNER Stuart McLeod, s esident McLeod Development Co. Its . Cantu, City Clerk By APPROVED AS TO FoRmoty OFFICE OF THE CITY ATTORNEY: irn By - STATE OF WASHINGTON ss COUNTY OF KING Its I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. -11- DESCRIPTION: .w.'ai,- 4 ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF BENRY MEADER DONATION CLAIM N0. 46 IN THE WORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION 'OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP :3 NORTE , RANGE 1 EAST LM.. BOUNDED .AS FOLLOWS: ! ON THE WEST THE CHICAGO. MILWAUKEE AND ST. PAUL RAILWAY WAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED, AS CONVEYED BY DEED RECORDED UNDER RECORDING NOS. 453941 AND 453943; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT SO FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERMENT. LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT-OF-WAY, AS CONVEYED TO THE CITY OF SEATTLE. BY DEED '• RECORDED UNDER RECORDING NO. 4131067; EXCEPT TEAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ON THE SOUTE LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO. MILWAUKEE. ST. PAUL & PACIFIC RAILROAD RIGHT-OF-WAY; ifs THENCE EASTERLY -A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAN,; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 8O FEET: LI) THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE. ST. PAUL & PACIFIC RAILROAD RIGHT-OF-WAY; `Q THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -)AY TO TETE POINT OF BEGINNING; lT snn--nnrs EXCEPT ALL COAL AND MINERALS AND THE RIGH' TO EXPLORE FOR AND MINE THE SAME. AS CONVEYED BY DEEDS RECORDED UNDER RING COUNTY RECORDING NOS. 8404050908 AND 8404050909; SITUATE IN THE CITY OF TUKWILA, COUNTY OF RING, STATE OF WASHINGTON, svinn Qld HJT. <- Si)77 TH Y• q -1 STS' 907 Y'-T?:Rit ?;a';'n 9205130556 DATED: STATE OF COUNTY OF ,19 ss • Notary Public in and for the State of Washington, residing at % 7/6) ,,1 My Commission Expires SI I certify that there appeared before me a person that I know or have satisfactory evidence was S77�'ii y / fl /PSG who signed this DEVELOPER'S AGREEMENT, on oath stated he is authorized to execute the instrument and acknowledged it as the ,/e 5/c of -' /Ive,4-/ze;r6 , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED 4Q,'/ % ,19 PF/McLeod Notary ublic in and for the State of Washington, residing at My Commission Expires 0--2c--?e, -12-