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HomeMy WebLinkAboutCAG2001-0444 - Original - HP Properties, LLC - Purchase of Washington Square Building - 05/17/2001 AGREEMENT REGARDING LEGAL NON-CONFORMING BUILDING THIS AGREEMENT is made by and between the CITY OF KENT, a Washington municipal corporation ("City"), and HP PROPERTIES, LLC, a Washington limited liability company ("HP") RECITALS 1 The City is in the process of making improvements to Washington Avenue As a result of these improvements, a portion of the site known as the Washington Square Building, located at 310 Washington Avenue North, Kent, Washington, will be purchased by the City under threat of condemnation Attached as Exhibit A is the legal description for the Washington Square Building's entire parcel of real property, and attached as Exhibit B is the legal description of the real property being purchased by the City The property described in Exhibit A is currently owned by HP Properties, LLC 2 The City's purchase of the real property in Exhibit B will result in the Washington Square Building no longer being in compliance with the Kent City Code requirements for landscaping under Chapter 15 07 of the Kent City Code (K C C ) Specifically, Section 15 07 060(F)(2) requires that a planting strip not less than five (5) feet in depth shall be provided along all property lines abutting public right-of-way The Washington Square Building will be nonconforming in this regard in the area adjacent to the real property being acquired in Exhibit B 3 The City's purchase of the real property in Exhibit B may also result in a Washington Square Building sign no longer being in compliance with K C C sign requirements in Chapter 15 06 K C C Specifically, Section 15 06 040(A) prohibits any sign being located in or projecting into the present or future right-of-way of a public street The Washington Square Building will be nonconforming in tlus regard in the area adjacent to the real property being acquired in Exhibit B AGREEMENT REGARDING LEGAL NON-CONFORMING BUILDING- Page 1 of 3 (between City ofKent and HP Properties, LLC) AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows A In addition to the consideration paid by the City to HP for the real property described in Exhibit B, the City agrees that in regard to the landscaping non- conformities described in Paragraph 2 , the property described in Exhibit A will be considered by the City as a legal non-conforming use under Kent City Code 15 08 100 B City agrees that HP, their heirs, successors, and assigns will be allowed to construct approved tenant improvements within the Washington Square Building without bringing the non-conformities described in Paragraph 2 up to current code standards Such tenant improvements will not include improvements that change the footprint or height of the Washington Square Building C None of the rights given to HP in this Agreement shall affect HP's obligation to obtain all necessary permits in order to complete any proposed tenant improvements in the Washington Square Building D The City also agrees to the following in regard to the potential signage non-conformity described in Paragraph 3 First, if it is determined by the City that any part of the sign located in the nght-of-way needs to be relocated as part of the City's Washington Avenue project, the City will do so at its expense, second, if any part of the signage described in Paragraph 3 remains in, or projects into, the right-of-way it will be considered by the City to be a legal non-conforming use under K C C 15 08 100(F), which allows a sign to remain, but it may not be moved, relocated, altered or added to without receiving approval from the Planning Services Division E The parties acknowledge that as of the date of tlus Agreement, the Washington Square Building has parking spaces that are located within the current right- of-way and are not being affected by the City's purchase of the real property in Exhibit B The City agrees to allow the Washington Square Building to continue its use of those parking spaces until such time as the City determines that the right-of-way should no longer be used for that purpose AGREEMENT REGARDING LEGAL NON-CONFORMING BUILDING - Page 2 of 3 (between City of Kent and HP Properties, LLQ F No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and HP G This Agreement shall be binding on the heirs, successors, and assigns of the parties IN WITNESS WHEREOF, the parties below have executed this Agreement HP PROPERTIES, LLC: THE CITY OF /KENT: 4;1�� — L44 B S� � �i e tro w nK a c o By Don Wickstrom Its H a. a a Its Public Works Director Date Date APPROVED AS TO FORM: ATTEST: a Assistant City Attorney City CiePfif(62rr tiVtN �E7c P VCivjMLP.SV0pcnPdc0556AW PrDp"ies Agreement doc AGREEMENT REGARDING LEGAL NON-CONFORMING BUILDING- Page 3 of 3 (between City of Kent and HP Properties, LLC) The south 133 feet of the west 80 feet of Block 21 (also known as Lot 21) , and the south 133 feet of Block 22, (also known as Lot 22) , Supplemental Plat of Meeker's First Addition to the Town of Kent, according to the plat thereof recorded in Volume 5 of Plats, page 96, in King County, Washington; EXCEPT that portion thereof condemned for highway purposes in King County Superior Court Cause Number 695462 THE WEST 5 00 FEET OF THE SOUTH 133 00 FEET OF BLOCK 22,(ALSO KNOWN AS LOT 22) SUPPLEMENTAL PLAT OF MEEKER'S FIRST ADDITION TO THE TOWN OF KENT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS,PAGE 96,IN KING COUNTY, WASHINGTON, EXCEPT THAT PORTION THEREOF CONDEMNED FOR HIGHWAY PURPOSES IN KING COUNTY SUPERIOR COURT CAUSE No 695462