HomeMy WebLinkAboutCAG1998-0312 - Original - AMB Investments, Inc. - Stipulated Judgment & Decree of Appropriation - 07/23/1998 aE�E�-.JED
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Attn: Gerald McCaughan
City of Kent
220 Fourth Avenue South
Kent Washington 98032
STIPULATED JUDGMENT AND DECREE OF APPROPRIATION
City of Kent v.AMB Investments,Inc., et aL
Q� King County Superior Court Cause No. 94-2-29228-5 SEA
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Grantor(s): City of Kent and AMB Investments, Inc.
Grantee(s): City of Kent and AMB Investments, Inc.
NOTE: This judgment and decree appropriates various property rights to the City and to AMB.
9'
Legal Description: (abbreviated) S '/z of NE '/e of Sec. 1, TWP 22N, R4E, W.M.
Additional Legals are on pages 11-21 of document(s).
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Assessor's Property Tax Parcel/Account Number(s):
012204-9100-09
^' 012204-9099-02
012204-9098-03
€ 012204-9097-04
012204-9081-02
012204-9085-08
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35 THIS DOCUMENT CONTAINS THIS COVERSHEET AND 31 ADDITIONAL PAGES.
1
2
3
4 IN THE SUPERIOR COURT OF WASHINGTON
5 FOR KING COUNTY
6 City of Kent,a municipal corporation,
7 Petitioner,
8 V.
9 AMB INVESTMENTS, INC.,a California NO: 94-2-29228-5
corporation;BANKER'S TRUST COMPANY,
10 as Trustee for THE SOUTHERN COMPANY
SYSTEM MASTER RETIREMENT TRUST,a STIPULATED JUDGMENT AND
11 New York Trust,ESTABLISHED BY DECREE OF APPROPRIATION
MASTER TRUST AGREEMENT ENTERED
12 INTO DECEMBER 28, 1987 AND
EFFECTIVE JANUARY 1, 1988, as amended
13 by that certain First Amendment to Master
Trust Agreement dated December 29, 1992;
14 THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA, a New Jersey
15 Corporation; WASHINGTON NATURAL
GAS COMPANY,a Washington corporation;
16 METRO INVESTMENT CORPORATION,
formerly known as THE MELROSE
17 COMPANY, a ership composed of A.
VICTOR ROSELD,HERBERT M.
18 MELTZER and MELVILLE OSERAN,
partners;US WEST,a Colorado corporation,
in 19 successor in interest to U.S. WEST
INFORMATION DISTRIBUTION GROUP,
co 20 INC.,successor in interest to PACIFIC
94 NORTHWEST BELL TELEPHONE
21 COMPANY,a Washington corporation;
MUNICIPALITY OF METROPOLITAN
22 SEATTLE, a municipal corporation;PUGET
SOUND POWER AND LIGHT COMPANY,a
Washington corporation;KINGSPORT
23 INDUSTRIAL PARK, a California joint
24 venture composed of J. DAVID BILLETER,
JUDITH BILLETER, DOUGLAS BERG,
25 MARCIA LEE BERG,DEAN H.
HAUSRATH,FRANCES JEAN HAUSRATH,
26
27 STIPULATED JUDGMENT AND ROGER A.�usovicH
28 DECREE OF APPROPRIATION- 1 KENT CITY ATTORNEY
220 FOURTH AVENUE
P:LL.AW MESWI STIPNDGYM
SOUTH
KENT,WASHINGTON 98032
(206)859-3340
1 GILBERT W. CLEASBY,MARIE
2 CLEASBY,BENJAMIN ICHINOSE,
MAYON ICHINOSE,GEORGE Q. LEE,
3 ESTHER Y. LEE, STEPHEN J. ROLAND,
DIANNE S. ROLAND,BURTON E.
4 COLEMAN,CAROL COLEMAN,ALBERT
O. J. DANDUCCI,DONALD R. HOLCHER,
5 SCENSATIONS, S&W FINE FOODS,INC.,
a Delaware corporation; and KING
6 COUNTY, a municipal corporation;ALSO
ALL OTHER PERSONS OR PARTIES
7 UNKNOWN claiming or having any right,
title estate, lien,or interest in the real estate
8 described in the Petition in condemnation on
file herein,
9 Respondents.
10
11 I'
12 THIS MATTER came on before the above-entitled court,with parties appearing (or not)
13 as follows: the CITY OF KENT, Petitioner, appearing by Roger A. Lubovich, City Attorney,
IA 14 Thomas C. Brubaker, Assistant City Attorney, Michael L. Charneski, Special City Attorney, and
94 15 Robert A. Wright, Special City Attorney; and the respondents AMB INVESTMENTS, INC., a
16 California corporation, appearing by S. Michael Rodgers of Rodgers & Deutsch; and BANKERS
O
17 TRUST COMPANY, as trustee for the SOUTHERN COMPANY SYSTEM MASTER
18 RETIREMENT TRUST, a New York Trust, established by Master Trust Agreement entered into
19 December 28, 1987 and effective January 1, 1988,as amended by that certain First Amendment to
20 Master Trust Agreement dated December 29, 1992, appearing by S. Michael Rodgers of Rodgers
21 & Deutsch; THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey
22 Corporation, appearing by David E. Cher, Associate Regional Counsel, 2029 Century Park East,
23 Suite 3700, Los Angeles, California 90067-3022, telephone (310)284-2656, fax (310)201-0445;
24 WASHINGTON NATURAL GAS COMPANY, a Washington corporation, appearing by Steven
25 R. Secrist; METRO INVESTMENT CORPORATION, formerly known as THE MELROSE
26 COMPANY,a partnership composed of A.VICTOR ROSENFELD,HERBERT M.MELTZER and
27 STIPULATED JUDGMENT AND
ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION-2 KENT CITY ATTORNEY
P.*%AWT1LESU139\STI%UDC.PLD 220 FOURTH AVENUE
SOUTH
KENT,WASHINGTON 98032
(200)859-3340
1 MELVILLE OSERAN,partners,and Melville Oseran individually,appearing by Robert C. Kelly,
2 of OSERAN,HAHN,VAN VALEN&WATTS,P.S.;US WEST,a Colorado corporation,successor
3 in interest to PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington
4 corporation,not appearing; KINGSPORT INDUSTRIAL PARK,a joint venture,not appearing; J.
5 DAVID BILLETER,not appearing; JUDITH BILLETER,not appearing; DOUGLAS BERG, not
6 appearing; MARCIA LEE BERG, not appearing; DEAN H. HAUSRATH, not appearing;
7 FRANCES JEAN HAUSRATH,not appearing;GILBERT W. CLEASBY,not appearing; MARIE.
8 CLEASBY, not appearing; BENJAMIN ICHINOSE, not appearing; MAYON ICHINOSE, not
9 appearing; GEORGE Q. LEE, not appearing; ESTHER Y. LEE, not appearing; STEPHEN J.
10 ROLAND, not appearing; DIANNE S. ROLAND, not appearing; BURTON E. COLEMAN, not
11 appearing; CAROL COLEMAN, not appearing; ALBERT O. J. DANDUCCI, not appearing;
12 DONALD R.HOLCHER,not appearing;SCENSATIONS,not appearing;ALL OTHER PERSONS
GD 13 OR PARTIES UNKNOWN claiming any right, title, estate, lien, or interest in the real estate
Q� 14 described in the petition herein,appearing not. The following three parties were dismissed,the first
Q� 15 two by Stipulation and Order of Dismissal: S&W FINE FOODS, INC., a Delaware corporation,
16 appearing by Linda McSweyn,Corporate Counsel, 101 California Street,Fifth Floor, San Francisco,
17 CA 94111-5804,telephone(415)837-4014,fax(415)837-3937,and PUGET SOUND POWER AND
18 LIGHT COMPANY, appearing by Howard Strong, Manager-Real Estate; and KING COUNTY
19 DEPARTMENT OF METROPOLITAN SERVICES (METRO),appearing by Desmond L. Brown,
20 Senior Deputy Prosecuting Attorney,was dismissed at its request by Motion and Order of Voluntary
21 Dismissal.
22 II.
23 THE UNDERSIGNED PARTIES HAVE AGREED THAT THE FOLLOWING
24 CONSTITUTES JUST COMPENSATION FOR THE TAKING AND/OR DAMAGING OF THE
25 PROPERTY AND/OR PROPERTY RIGHTS DESCRIBED IN EXHIBIT A:
26 A. One Million Seven Hundred Seventy-Five Thousand and No/100 Dollars
27 STIPULATED JUDGMENT AND ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION - 3 KENT CITY ATTORNEY
220 FOURTH AVENUE
P:U.AW 1FLLESA 17913TIP1UDG.PLD
SOUTH
KENT,WASHINGTON 98032
(200)859-3340
1 ($1,775,000.00) paid by the CITY OF KENT ("City") directly by wire to respondents AMB
2 INVESTMENTS, INC. and BANKER'S TRUST COMPANY as Trustee for THE SOUTHERN
3 COMPANY SYSTEM MASTER RETIREMENT TRUST(collectively, "AMB");plus
4 B. Reasonable attorney fees and reasonable expert witness fees and costs in the amount
5 of$213,554.55, which have been paid by the City directly by wire to respondent AMB;plus
6 C. The City's granting respondent AMB the right to tie the existing Kingsport Industrial
7 Park drainage system into the City's proposed South 196th Street drainage system;plus
8 D. The granting by the City of a Right of First Refusal(as set forth in Exhibit B attached
9 and incorporated by this reference)to purchase the property known as"Pad 8";plus
10 E. A grant from respondent AMB to the City of an 80-foot-wide public right of way(as
11 described in Exhibit C,attached and incorporated by this reference)for 80th Avenue South across
12 the respondent's property between the northerly boundary of the Kingsport Industrial Park and the
13 new South 196th Street,together with a grant from respondent AMB of a permanent easement(as
CA
0 14 described in Exhibit D)for traffic signalization equipment,all in exchange for the installation of a
15 traffic signal to be installed by the City(at the City's sole cost)at the intersection of 80th Avenue
16 South and South 196th Street at the time South 196th Street is constructed;plus
17 F. A grant from respondent AMB to the City of two permanent easements (affecting
18 property described in Exhibits E and F,attached and incorporated by this reference)providing the
19 City access to Pad 8;a grant from the City to respondent AMB of a permanent easement(affecting
20 property described in Exhibit G,attached and incorporated by this reference)providing respondent
21 AMB access around Pad 8; and various temporary construction easements (affecting properties
22 generally described in Exhibits H—K, attached and incorporated by this reference)to be used by
23 the City during construction of the 196th Street project;plus
24 G. The exemption ofthe subject remainder(i.e.,the Kingsport Industrial Park remainder)
25 from assessments under the Local Improvement District that will be formed to partially finance the
26 South 196th Street Project improvement;plus
27 STIPULATED JUDGMENT AND
ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION-4 KENT CITY ATTORNEY
P:ILAWILESWIMSTINUDG.PLD 220 FOURTH AVENUE
SOUTH
KENT,WASHINGTON 98032
(206)$59-3340
I H. Agreement from the City(as described in Exhibit L, attached and incorporated by
2 this reference)that certain zoning elements will be legally nonconforming after respondent AMB's
3 construction of improvements to Terminals 3 and 4 at Kingsport Industrial Park.
4 THE PARTIES AGREE THAT THE FOREGOING CONSTITUTES JUST
5 COMPENSATION FOR THE TAKING AND/OR DAMAGING OF THE PROPERTY AND/OR
6 PROPERTY RIGHTS AS DESCRIBED IN EXHIBIT A NOW, THEREFORE,
7 M.
8 IT IS ORDERED,ADJUDGED,and DECREED:
9 A. Title to 196th Right-of-Way. Title to a public right-of-way described in Exhibit A,
10 which is currently vested in respondent AMB,shall be transferred to and shall vest in the City. The
11 purposes for which this right-of-way shall be used shall include,without limitation,all acts necessary
V4
Q 12 to complete the construction, extension, improvement, alteration, widening and maintenance of
13 South 196th Street,including improvements for drainage, curbs and gutters, sidewalks and bicycle
14 paths, landscaping, illumination, signal improvements, electrical facilities, utilities, utility
15 adjustments and relocations,and any other street or municipal purposes that may become necessary
16 from time to time on the property.
17 B. Payment. The City has paid to respondent AMB, and Respondent AMB
18 acknowledges receipt of, the sum of One Million Seven Hundred Seventy-Five Thousand and
19 No/100 Dollars($1,775,000.00),plus Two Hundred Thirteen Thousand Five Hundred Fifty-four and
20 55/100 Dollars($213,554.55)for reasonable attorney fees,expert witness fees and costs,which sums
21 have been wired directly to respondent AMB by the City pursuant to wiring instructions provided
22 to the City by AMB.
23 C. Right of First Refusal. Respondent AMB hereby obtains a right of first refusal,the
24 terms and conditions of which are set forth in Exhibit B,to purchase the property known as "Pad 8".
25 D. Title to 80th Avenue South. Title to a public right-of-way as described in Exhibit
26 C,which is currently vested in respondent AMB, shall be transferred to and shall vest in the City.
27 STIPULATED JUDGMENT AND
ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION- 5 KENT CITY ATTORNEY
e:LAVARLES013MTINUMeLn 220 FOURTH AVENUE
SOUTH
KENT,WASHINGTON 98032
(206)659-3340
I The purposes for which this right-of-way shall be used shall include, without limitation, all acts
2 necessary to complete the construction, extension, improvement, alteration, widening and
3 maintenance of 80th Avenue South, including improvements for drainage, curbs and gutters,
4 sidewalks and bicycle paths, landscaping, illumination, signal improvements, electrical facilities,
5 utilities, utility adjustments and relocations, and any other street or municipal purposes that may
6 become necessary from time to time on the property.
7 E. Permanent Easement for Signalization. A permanent easement for traffic
8 signalization purposes, together with necessary appurtenances, including use of immediately
9 adjacent incidental areas, for the installation, operation, maintenance, extension, construction,
10 alteration, reconstruction, modification and repair over, through, across and upon the property
11 described in Exhibit D, which burdens property currently owned by respondent AMB, is hereby
In 12 granted to the City.
13 F. Installation of Signal. The City shall install a traffic signal at the intersection of 80th
C 14 Avenue South and South 196th Street as part of the South 196th Street Project.
M
M 1511 G. Permanent Ingress/Egress Easement for Cars,Vans, and Light Trucks-To
16 Pad 8. A permanent easement,not to exceed twenty feet in width at any one time, for ingress and
17 egress for cars,vans and light trucks lying generally over,through, across, and upon the property
g 8 Y g g Y g1i, P P 1�
18 described in Exhibit E, which burdens property currently owned by respondent AMB, is hereby
19 granted to the City to provide access to Pad 8;pMy3dcJ however,that this easement shall be subject
20 to respondent AMB's prior right to temporarily block the City's access for truck maneuvering
21 purposes. Petitioner, respondent and the court further intend that this easement shall be flexibly
22 applied in order to accommodate respondent AMB's heavy truck parking movement within the area
23 burdened by this easement.
24 H. Permanent Ingress/Egress Easement - To Pad S. A permanent easement for
25 ingress and egress over,through,across and upon the property described in Exhibit F,which burdens
26 property currently owned by respondent AMB,is hereby granted to the City to provide access to Pad
27 STIPULATED JUDGMENT AND ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION - 6 KENT CITY ATTORNEY
220 FOURTH AVENUE
PALAW ILESW130STIPAWYLD
SOUTH
KENT,WASHINGTON 98032
(200)869-3340
1 8;=y1d.4 however,that this easement shall be subject to temporary obstruction from the passage
2 of rail freight on the existing rail spur serving respondent AMB's property.
3 I. Permanent Ingress/Egress Easement-Across Pad 8. A permanent easement for
4 ingress and egress over, through, across and upon the property described in Exhibit G, which
5 burdens property currently owned by petitioner City of Kent,is hereby granted to respondent AMB;
6 provided,however,that this easement shall be subject to temporary obstruction from the passage of
7 rail freight on the existing rail spur serving respondent AMB's property.
8 J. Temporary Construction Easement for Street and Sidewalk. A temporary
9 construction easement for the purpose of constructing a street and sidewalks,together with necessary
10 appurtenances,over,under,through and across the property described in Exhibit H, which burdens
11 property owned by respondent AMB,is hereby granted to the City for use during construction of the
12 196th Street Project;pnvided,however,that the City's use of this temporary construction easement
rf 13 shall be exercised only for approximately five consecutive months during the construction of the
O
M 14 City's 196th Street project.
15 K. Temporary Construction Easement for Street and Driveway. A temporary
„ 16 construction easement for the purpose of constructing and regrading a street and driveway,together
17 with necessary appurtenances,over,under,through, and across the property described in Exhibit I,
18 which burdens property owned by respondent AMB, is hereby granted to the City for use during
19 construction of the 196th Street project; provided, however, that the City's use of this temporary
20 construction easement shall be exercised only for approximately one month during the construction
21 of the City's 196th Street project.
22 L. Temporary Construction Easement for Street and Bridge Retaining Wall. A
23 temporary construction easement for the purpose of constructing and regrading a street and bridge
24 retaining wall,together with necessary appurtenances,over,under,through,and across the property
25 described in Exhibit J,which burdens property owned by respondent AMB,is hereby granted to the
26 City for use during construction of the 196th Street project;provided.however, that the City's use
27 STIPULATED JUDGMENT AND
ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION- 7 KENT CITY ATTORNEY
P:LLAW7E.ESV13MT1PJUDC.PLD 220 FOURTH AVENUE
SOUTH
KENT,WASHINGTON 98032
(200)859.3340
1 of this temporary construction easement shall be exercised only for approximately six consecutive
2 months during the construction of the City's 196th Street project, and pwyidcd,further,that the City
3 shall use its best efforts to assure that the City's use of this temporary construction easement will not
4 adversely impact Respondent AMB's or its tenants'ability to use Terminal 5 by denying access and
5 maneuverability to the parking lot immediately South of Terminal 5.
6 M. Temporary Construction Easement for Regrading Street and Curbs. A
7 temporary construction easement for the purpose of constructing and regrading a street and curb
8 returns,including necessary appurtenances,over,under,through, and across the property described
9 in Exhibit K,which burdens property owned by respondent AMB, is hereby granted to the City for
10 use during construction of the 196th Street project; provided, however, that the City's use of this
11 temporary construction easement shall be exercised only for approximately five consecutive months
�.D
'"1 12 during the construction of the City's 196th Street project.
O
13 N. Covenants. All easements created under this Stipulated Judgment and Order of
14 Appropriation,whether permanent or temporary, shall be covenants that run with the land and shall
j� 15 bind the burdened property forever. Further,the owner of the burdened property shall retain the right
16 to use each easement so long as that use does not interfere with the uses described in that easement.
17 Finally, the party receiving and benefited by each easement shall have the right, without prior
18 institution of suit or proceeding at law,whenever necessary,to enter upon the property described in
19 each particular easement for the purposes stated in that easement without incurring any legal
20 obligation or liability.
21 O. Connection to City Drainage System. Respondent AMB is granted the right to tie
22 the existing Kingsport Industrial Park drainage system into the city's proposed South 196th Street
23 Project drainage system.
24 P. Exemption from L.I.D. Assessment. The remainder of the subject property (i.e.,
25 the Kingsport Industrial Park remainder) shall be exempt from assessments under the Local
26 Improvement District that will be formed to partially finance the South 196th Street Project
27 CH
STIPULATED JUDGMENT AND ROGERNT CITY
ATTORNLUBOVEY
28 DECREE OF APPROPRIATION - 8 220 F UR ATTORNEY
220 FOURTH AVENUE
MLAWTILES 0139WINUDGPLD
SOUTH
KENT,WASHINGTON 98032
(206)859.3340
I improvements.
2 Q. Legal Non-Conforming Zoning Elements. Certain zoning elements pertaining to
3 Terminals 3 and 4 in Kingsport Industrial Park shall be deemed legally nonconforming after
4 construction of respondent AMB's proposed improvements to Terminals 3 and 4,but only under the
5 terms and conditions more completely described in Exhibit L.
6 R. Temporary Use of Pad 8 for Parking and Maneuvering. Until such time as the
7 City uses Pad 8 for construction of the South 196th Street Project,Respondent AMB shall have the
8 right to use Pad 8 for parking and maneuvering purposes.
9 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the foregoing
10 constitutes JUST COMPENSATION for the taking and/or damaging of the property and/or .
0 11 property rights described in Exhibit A.
74 12 DONE IN OPEN COURT this ZJ day of�, U9 96
O
13 JW BATES
Q 14 JUDGE
Wig! 15
16 Presented by:
17 THE CITY OF KENT,Petitioner
ROGER A.LUBOVICH, City Attorney
18 C. l.C. l "t�
19
3 c. BRUBAKER, WSBA#18849
20 Assistant City Attorney
21
22 '
CHAEL C , W BA 15735
23 Special City Attorney
24
25
26 wt's �A+Nu ,� GdvuSEL
27 STIPULATED JUDGMENT AND ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION- 9 KENT CITY ATTORNEY
ru ww��s o13s srirJv0c rw 220 FOURTH AVENUE
SOUTH
KENT,WASHINGTON 98032
(206)859-3340
I Approved As To Form and
Notice esentation Waived:
2
3
4 S. MICHAEL 0 GE71 WSBA#3508
Rodgers&Deutsch
5 Three Lake Bellevue Drive, Suite 100
Bellevue, WA 98005
6 (206)455-1110 Fax(206)455-1626
Attorney for Respondents AMB Investments,
7 Inc. and Banker's Trust Company as Trustee
for The Southern Company System Master
8 Retirement Trust
9
10
Awl N• Mlxorl
pivt$1oa t�ovKs�11 -�ry-Par1r F leeµ &M&AWA �'o C ''Ia+2 2�`T{} L-
12 S p4,t .0,"C4" CA q`I 1l1
13 Attorney for The Prudenti nsurance 415� ( tZ,a 4o�uq�
Company of Ame 'ca
14
15
16 NICK GELLERT, WSBA #18041
PERKINS COIE, LLP
17 W11W
¢t (206) 583-8888
18 nkta°0 or o in�Yognergy Gas Company
19
20
O ERT C. KELLY, A 1 38
21 Oseran, Hahn, Van Valen& Watts, P.S.
10900 N.E. Fourth Street, #850
22 jBellevue, WA 9800
55-3900 Fax 0 55-9201
23 Attorney for Melrose Investment Corporation,
formerly known as The Melrose Company,
24 a partnership composed of. Victor Rosenfeld,
Herbert M. Meltzer and Melville Oseran,
25 partners, and Melville Oseran, individually
26
27 STIPULATED JUDGMENT AND
ROGER A.LUBOVICH
28 DECREE OF APPROPRIATION- 10 KENT CITY ATTORNEY
PALAW\F1LE51013MT1PJUDG.PLD 220 FOURTH AVENUE
SOUTH
KENT,WASHINGTON 98032
(206)859-3340
EXHIBIT A
TITLE TO 196TH STREET RIGHT-OF-WAY
That part of the following-described Tract "X" described as that portion of the South half of
the Northeast Quarter of Section 1, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
BEGINNING at the intersection of the West line of 81st Avenue South and the North line of
South 196th Street as established by deed recorded under Recording No. 5345763;
Thence North 88022'45" West along the extension of the North line of South 196th Street a
distance of 442.23 feet to the West line of the East 1274.64 feet of the Northeast Quarter of
said Section 1;
Thence North 01008'30" East along said West line a distance of 22.27 feet;
Thence North 88008'39" West a distance of 735.06 feet to the West line of the East 2009.64
feet of the Northeast Quarter of said Section 1;
Thence North 01°08'30" East along said West line a distance of 1.51 feet;
Thence North 88008'39" West a distance of 47.17 feet;
Thence North 89049'44" West a distance of 102.50 feet;
Thence North 88008'39" West a distance of 252.31 feet to a tangent curve to the right having
a radius of 1165.50 feet;
Thence along said curve through a central angle of 09036'29" an arc distance of 195.44 feet to
the Easterly margin of the Northern Pacific Railroad Right-of-Way as conveyed by deed
recorded under Recording No. 6239441, in King County, Washington;
Thence South 06003'07" East along said margin a distance of 42.96 feet to the North line of
that parcel of land conveyed to the City of Kent recorded under Recording No. 9209111120,
in King County, Washington;
Thence South 88°22'45" East along said North line a distance of 532.56 feet;
Thence South 02°57'20" West a distance of 60,02 feet;
Thence South 88022'45" East a distance of 56.73 feet to a non-tangent curve concave to the
Southeast having a radius of 53.00 feet the center of which bears South 39037'15" East;
Thence along said curve through a central angle of 41028'36" an arc distance of 38.37 feet.
Thence South 88008'39" East a distance of 596.31 feet to a tangent curve to the right having a
radius of 3993.00 feet;
Thence along said curve through a central angle of 02004'04" an arc distance of 144.11 feet;
Thence South 86004'35" East a distance of 356.66 feet to a tangent curve to the right having a
radius of 50.00 feet;
Thence along said curve through a central angle 87052'20" an arc distance of 76.68 feet to a
point of cusp on the West line of 81st Avenue South;
Thence North 01 047'45" East along said West line a distance of 116.93 feet to the POINT OF
BEGINNING.
EXHIBIT B
RIGHT OF FIRST REFUSAL
In the event the City desires to sell the property commonly known as Pad 8, it shall first
offer the property for sale to AMB. The parties shall then have thirty(30)calendar days to
negotiate the terms and conditions of a mutually acceptable sales agreement. In the event the
parties are unable to negotiate a sale within the thirty(30)day period,then the City may for a
period of six months (the "six-month period")offer the property for sale to third parties at a
purchase price no less than that last offered in writing to AMB and with payment terms no less
favorable than those last offered in writing to AMB.
If the City subsequently receives from a third party a signed written offer to purchase the
property for an amount less than that for which the City previously offered to sell to AMB, or for
an equal or greater amount in the event the offer is received after the above-referenced six-month
period, then before the City may accept such offer,the City shall first provide AMB a copy of the
offer, and AMB shall then have a fifteen(15)calendar day period in which to agree to purchase
Pad 8 on the same terms and conditions as contained in the written third party offer. In the event
AMB does not then exercise its right of first refusal to purchase,the City may proceed with the
sale to the third party,but only for the same purchase price and on the same payment terms as
stated in the written offer previously provided to AMB.
In the event the purchase price or payment terms are changed,the offer must again be
presented to AMB in order to give AMB an additional five(5)calendar day period to exercise its
right of first refusal to purchase Pad 8. If AMB does not exercise its right of first refusal and a
sales agreement is executed between the City and a third party,AMB's right of first refusal shall
expire as to that offer.
If a sale is actually closed between the City and a third party and the terms of this right of
first refusal have been satisfied,the right of first refusal shall expire and AMB shall sign,and the
parties shall record, a release of all of AMB's rights to this right of first refusal. The terms and
conditions of this paragraph shall run with the land and be deemed an encumbrance on Pad 8,
and shall inure to the benefit of and be binding upon the City, AMB and their respective
successors or assigns.
The City may not sell Pad 8 or any portion thereof without first complying with the terms
of this paragraph. Written notice as contemplated herein shall be given to AMB with copies to
its property manager,Ron Hallissey, and its attorney,Michael Rodgers. The parties agree that a
memorandum describing this paragraph may be placed of record in King County.
� 2
EXHIBIT C
TITLE TO 80TH AVENUE SOUTH
That part of the following-described Tract "X" described as that portion of the South half of
the Northeast Quarter of Section 1, Township 22 North, Range 4 East, W.M., in King
County, Washington, described as follows:
Commencing at the intersection of the West line of 81st Avenue South and the North line of
South 196th Street as established by deed recorded under Recording No. 5345763;
Thence North 88022'45" West along the extension of the North line of South 196th Street a
distance of 442.23 feet to the West line of the East 1274.64 feet of the Northeast Quarter of
said Section 1;
Thence North 01*08'30" East along said West line a distance of 22.27 feet to the POINT OF
BEGINNING.
Thence continuing North 01°08'30" East along said West line a distance of 317.75 feet to its
intersection with the North line of the South 220.94 feet of the North half of the Northeast
Quarter of said Section 1;
Thence North 88022145" West along said North line a distance of 80.06 feet;
Thence South 01°17'06" West a distance of 266.91 feet to a tangent curve to the right having a
radius of 50.00 feet;
Thence along said curve through a central angle of 90034'15" an arc distance of 79.04 feet to
a point of cusp;
Thence South 88008'39" East a distance of 131.36 feet to the POINT OF BEGINNING.
13
EXMBIT D
PERMANENT EASEMENT FOR SIGNALIZATION
The North 10 feet of the West 10 feet of the East 30 feet of that portion of Parcel No. 20(King
County Tax Lot No. 98)as described in Stewart Title Company's A.L.T.A. Commitment under
Title Order No. 161715, lying Southerly of the New(Southerly)Right of Way line for South
196th Street as delineated on that certain City of Kent right of way drawing S. 196TH ST.
CORRIDOR MIDDLE LEG W.VALLEY HWY. TO E.VALLEY HWY, sheet 8 of 10 sheets,
bearing a revision date of January 19, 1996; and lying Westerly of the East line of the Southwest
1/4 of the Northeast 1/4 of Section 1,Township 22 North,Range 4 East, W.M.
14
EDIT E
PERMANENT INGRESS/EGRESS EASEMENT FOR CARS,
VANS, AND LIGHT TRUCKS - PAD 8
A strip of land 20.00 feet in width lying within the following 45.00 foot wide stip of land.
That portion of Parcel No. 10 (King County Tax Lot No. 100) as described in Stewart Title
Company's A.L.T.A. Commitment under Title Order No. 161705 included within the limits
of a strip of land 45.00 feet in width the Southerly margin of which is described as being the
New (Northerly) Right of Way line for South 196th Street as delineated on that certain City of
Kent right of way drawing S. 196TH ST. CORRIDOR MIDDLE LEG W. VALLEY HWY.
TO E. VALLEY HWY, sheets 6 and 7 of 10 sheets, bearing a revision date of June 6, 1996
{ S
EXHMIT F
PERMANENT INGRESS/EGRESS EASEMENT - PAD 8
That portion of Lot 1 of City of Kent Short Plat No. SP-78-39 as recorded under Recording
No. 8104140726, records of King County, Washington, being a revision of City of Kent Short
Plat No. SPC 78-35, as recorded under Recording No. 7901020705, records of said County,
said portion of Lot 1 being more particularly described as follows:
Commencing at the Northeast comer of said Lot 1.,
Thence North 88022'45" West along the North line of said Lot 1 a distance of 5.58 feet;
Thence South 2057'20" West 202.22 feet to the POINT OF BEGINNING;
Thence North 88009'51" West 107.29 feet to the beginning of an arc of a curve to the right
having a radius of 436.61 feet;
Thence Westerly along said curve through a central angle of 32°51'45" an arc distance of
250.42 feet;
Thence South 86036'52" West 46.32 feet to a point on a curve from which the radial center
bears North 39010'48" East 466.61 feet;
Thence easterly along said curve through a central angle of 37020'39" an arc distance of
304.13 feet;
Thence South 88009'51" East 106.70 feet;
Thence North 2057'20" East 30.01 feet to the POINT OF BEGINNING.
lb
EI�iIBIT G
PERMANENT INGRESS/EGRESS EASEMENT -PAD 8
That portion of the N.E. 1/4 of Section 1, Township 22 North, Range 4 East W.M., described
as follows:
BEGINNING at the intersection of the Easterly margin of the Norther Pacific Railroad Right
of Way as conveyed by deed recorded under King County recording No. 6239441, with the
North line of that Parcel of land conveyed to the City of Kent by deed recorded under King
County recording No. 9209111120;
Thence South 88022'45" East along said North line 64.99 feet;
Thence South 1037'15" West 37.95 feet;
Thence South 88022'45" East 22.00 feet;
Thence North 1°37'15" East 37.95 feet;
Thence South 88022'45" East 46.51 feet;
Thence South 1°37'15" West 60.98 feet;
Thence South34°07'37" East 86.28 feet;
Thence South 86036'52" West 46.32 feet;
Thence North 49024'11" West 172.62 feet to an intersection with the said Easterly margin of
the Northern Pacific Railroad Right of Way;
Thence North 6003'07" West along said Easterly margin 26.71 feet to the POINT OF
BEGINNING.
1-
EXHIBIT H
TEMPORARY CONSTRUCTION EASEMENT FOR STREET AND SIDEWALK
That portion of Parcel No. 11 (King County Tax Lot No. 99) as described in Stewart Title
Company's A.L.T.A. Commitment under Title Order No. 161706, included within the limits
of a strip of land 10.00 feet in width the Southerly and Easterly margin of which is described
as being the New (Northerly and Westerly) Right of Way line for South 196th Street and 80th
Avenue South as delineated on that certain City of Kent right of way drawing S. 196TH ST.
CORRIDOR MIDDLE LEG W. VALLEY HWY. TO E. VALLEY HWY, sheets 7, 8, and 9
of 10 sheets, bearing a revision date of June 6, 1996.
CD TOGETHER WITH:
That portion of Parcel No. 20A (King County Tax Lot No. 85) as described in Stewart Title
Company's A.L.T.A. Commitment under Title Order No. , included within the limits
of a strip of land 10.00 feet in width the Northerly margin of which is described as being the
New (Southerly) Right of Way line for South 196th Street as delineated on that certain City of
Kent right of way drawing S. 196TH ST. CORRIDOR MIDDLE LEG W. VALLEY HWY.
TO E. VALLEY HWY, sheets 7 of 10 sheets, bearing a revision date of June 6, 1996
TOGETHER WITH:
That portion of Parcel No. 20 (King County Tax Lot No. 98)as described in Stewart Title
Company's A.L.T.A. Commitment,under Title Order No. 161715, included within the limits
of a strip of land 10.00 feet in width the Northerly margin of which is described as being the
New (Southerly) Right of Way line for South 196th Street as delineated on that certain City of
Kent right of way drawing S. 196TH ST. CORRIDOR MIDDLE LEG W. VALLEY HWY.
TO E. VALLEY HWY, sheets 7, 8, and 9 of 10 sheets, bearing a revision date of June 6,
1996.
1 $
EXHIBIT I
TEMPORARY CONSTRUCTION EASEMENT FOR STREET AND DRIVEWAY
The South 40 feet of the West 36 feet of that portion of Parcel No. 11.(King County Tax Lot
No. 99) as described in Stewart Title Company's A.L.T.A. Commitment under Title Order
No. 161706, lying Northerly of the New (Northerly) Right of Way line for South 196th Street
as delineated on that certain.City of Kent right of way drawing S. 196TH ST. CORRIDOR
MIDDLE LEG W. VALLEY HWY. TO E. VALLEY HWY, sheet 7 of 10 sheets, bearing a
revision date of June 6, 1996.
4� TOGETHER WITH:
The South 40 feet of the East 44 feet of that portion of Parcel No. 10 (King County Tax Lot
No. 100) as described in Stewart Title Company's A.L.T.A. Commitment under Title Order
No. 161705, lying Northerly of the New (Northerly) Right of Way line for South 196th Street
as delineated on that certain City of Kent right of way drawing S. 196TH ST. CORRIDOR
0� MIDDLE LEG W. VALLEY HWY. TO E. VALLEY HWY, sheet 7 of 10 sheets, bearing a
revision date of June 6, 1996.
EXHIBIT J
TEMPORARY CONSTRUCTION EASEMENT
FOR STREET AND BRIDGE RETAINING WALL
That portion of Parcel No. 10 (King County Tax Lot No. l00) as described in Stewart Title
Company's A.L.T.A. Commitment under Title Order No. 161705 lying Westerly of the East
44.00 feet thereof, included within the limits of a strip of land 30.00 feet in width the
Southerly margin of which is described as being the New (Northerly) Right of Way line for
South 196th Street as delineated on that certain City of Kent right of way drawing S. 196TH
ST. CORRIDOR MIDDLE LEG W. VALLEY HWY. TO E. VALLEY HWY, sheets 6 and 7
of 10 sheets, bearing a revision date of June 6, 1996.
Z0
EXHIBIT K
TEMPORARY CONSTRUCTION EASEMENT
FOR REGRADING STREET CURBS
That portion of the SW 1/4 of the NE 1/4 of Section 1, Township 22 North, Range 4 East,
W.M., described as follows:
Commencing at the Northeast corner of Lot 1 of City of Kent Short Plat No. SP-78-39 as
recorded under Recording No. 8104140726, records of King County, Washington, being a
revision of City of Kent Short Plat No. SPC 78-35, as recorded under Recording No.
7901020705, records of said County;
Thence North 88022'45" West along the North line of said Lot 1 a distance of 5.58 feet;
Thence South 2057'20" West 60.02 feet to the POINT OF BEGINNING;
Thence continuing South 2057'20" West 172.21 feet;
115 Thence South 88009'51" East 60.22 feet;
Thence North 1047'45" East 172.39 feet;
Thence North 88022'45" West 56.73 feet to the POINT OF BEGINNING.
0�
Z�
EXHIBIT L
LEGAL NON-CONFORMING ZONING ELEMENTS
1. Improvements to be Constructed at Terminals 3 and 4. As a result of the City's
construction of the 196th Street Corridor Project(the "Project"), Owner plans to undertake certain
improvements, modifications, and renovations ("Improvements") to Terminals 3 and 4. Owner's
current preferred version of the Improvements is generally set forth in the attached Appendix A to
this exhibit (the "Plans"). Owner may, however, modify the Plans by doing one or more of the
following: reconfiguring the proposed loading docks, creating loading wells instead of angled
loading docks,creating loading docks at the easterly or westerly ends of Terminal 3,or eliminating
s� the circular access road on the south side of Terminal 3. Moreover,the Improvements will not be
done immediately and may in fact be done in phases under separate permits.
2. Certain Zonin¢ Elements to be Legally Nonconforming After Construction of
Irovements. Ordinarily, the City would require Owner to bring legally nonconforming zoning
elements at the site into conformity with the City's current zoning code as a condition of permitting
construction of the Improvements. However,because the Owner is constructing these Improvements
in order to mitigate the impact of the City's construction of the Project, the construction of the
Improvements as described above and shown on Appendix A to this exhibit,if completed by January
1, 2005, or within two years after 196th Street is constructed through Kingsport Industrial Park,
whichever date last occurs, will be allowed to remain legally nonconforming as to the following
zoning elements: (1) setbacks from 196th Street, (2) landscaping, (3)truck maneuvering area, and
(4)number of parking stalls (collectively,the "Zoning Elements").
3. No Mitigation for Impacts• from Construction of Improvements. Additionally,
because the Owner is constructing these Improvements in order to mitigate the impact of the City's
construction of the Project, the City shall not impose any other mitigation measures (e.g., impact
fees, storm drainage fees, or traffic mitigation fees) that arise from Owner's construction of the
Improvements.
4. Modification to Planned Improvements. If Owner proposes modifications to the
Improvements as described above and shown on Appendix A to this exhibit,the City will undertake
an independent review to determine whether the revised Plans are consistent with the spirit and intent
of this Agreement Regarding Legal Nonconforming Buildings -Terminals 3 and 4("Agreement")
in order to determine whether the Zoning Elements under the revised Plan should remain legally
nonconforming, which determination shall not be unreasonably withheld.
5. Permits Reguired. None of the rights given to Owner in this Agreement shall affect
Owner's obligations to obtain all necessary permits in order to complete the Improvements.
6. Other Changes in Use or Structures in King1port Industrial Park. If AMB applies for
a permit for any change in use or structure at Kingsport Industrial Park involving terminals other
than Terminals 3 and 4, the City shall not penalize AMB because overall nonconformity of the
Zoning Elements has increased, or will increase, as a result of construction of the Project and/or the
Improvements. Further,this subsection 6 shall only apply under the following conditions:
(a) The planned change does not require any structural expansion beyond the
existing "Footprint" of the outside walls of each building;
ZZ
(b) The planned use constitutes a "principally permitted use," "special permit
use," or "accessory use" allowed under the current Kent Zoning Code Section 15.04.180, (A)-(C),
a copy of%yhich is attached as Appendix B;and
(c) The Owner files a complete permit application no later than January 1,2015.
7. Authorijy. The court finds that the commitments established in this Agreement
represent a valid exercise of the City's powers and that they are fully enforceable by Owner and
Owner's successors against the City.
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ZONING § 15.04.180
11. Multitenant buildings. Multitenant However, development standards are aimed at
buildings shall be permitted. maintaining an efficient and desirable industrial
12. Improvement and maintenance ofyards area.
and open space. All required yards, A. Principally permitted uses. The following
parking areas, storage areas, opera- list is illustrative of the types of permitted
tions yards and other open uses on the uses and is not intended to be exclusive:
site shall be maintained in a neat and 1. Manufacturing,processing,assembling
orderly manner appropriate for the dis-
trict at all times.The planning director and packaging of articles, products or
merchandise from previously prepared
shall be authorized to reasonably pur-
sue the enforcement of this subsection natural or synthetic materials,s, bris-
where ause is in violation, and to ing but not limited to asbestos, bris-
notify the owner or operator of the use ilea,bone,canvas,cellophane and ized
in writing of such noncompliance.The filar synthetics, chalk, clay(pulverized
property owner or operator of the use only, with gas electric kilns), cloth,
felt,
W be given a reasonable length of cork,feathers,felt,fiber,fur,glass(in-
shall
time to correct the condition. cluding glass finishing),graphite,hair,
rl horn, leather, paints (except boiling
tQ' G. Signs.The sign regulations of chapter 15.06 processes),paper,paraffin,plastic and
` shall apply. Signage on commercial uses in resins, precious or semiprecious met-
the Ml-C zone shall be as specified in als or stones, putty, pumice, rubber,
subsection 15.06.050 B. shell,textiles,tobacco,wire,wood,wool
H. Offstreet parking. and yam.
1. The offstreet parking requirements of 2. Manufacturing,processing,treating,as-
chapter 15.05 shall apply. sembling and packaging of articles,
2. Those areas not required to be land- products or merchandise from previ-
ously prepared ferrous, nonferrous or
scaped may be used for offstreet park- alloyed metals(such as bar stock sheets,
'ng' tubes, and wire and other extrusions),
I. Performance standards. The performance including light foundry casting and
standards as provided in section 15.08.050 forging operations and other forming
shall apply. operations.
J. Development plan review.Development plan 3. Printing, publishing and allied indus-
approval is required as provided in section tries, including such processes as li-
15.09.010. thography, etching, engraving, bind-
(Ord. No. 2524, § 1, 1-7-85; Ord. No. 2695, § 9, ing, blueprinting, photocopying, film
1-20-87; Ord. No. 2711, 3-10-87; Ord. No. 2801, § processing and similar operations or
13, 9-6-88; Ord. No. 2803, § 1, 9-20-88; Ord. No. activities.
3129,§ 1,9-7-93;Ord.No.3175,§2,7-19-94;Ord. 4. Manufacturing, processing, blending
No. 3254, § 1, 11-21-95) and packaging of the following:
Sec. 15.04.180. Limited industrial district, a. Drugs, pharmaceuticals, toiletries
and cosmetics..
b. Food and kindred products, such
The purpose of the M2 district is to.provide as confectionery products, choco-
areas suitable for a broad range of industrial late, cereal breakfast foods, bak-
activities whose characteristics are of a light ery products,paste products,fruits
industrial nature.The permitted uses are similar and vegetables,beer,beverages(ex-
to those of the industrial park district, but the cept fermenting and distilling),pre-
development standards are not as restrictive. pared food specialties(such as cof-
Z-57
Supp.No. 12 1198.1
¢ 15.04.180 KENT CITY CODE
fee, dehydrated and instant foods,
extracts,spices and dressings),pre-
viously butchered meat or seafood
packaging, freezing and process-
ing (excluding rendering, curing,
canning or slaughtering) and sim-
ilar products.
c. Dairy products and byproducts such
as milk,cream,cheese and butter,
including the processing and bot-
tling of fluid milk and cream and
N wholesale distribution.
(0 5. Warehousing and distribution facili-
V1 ties and the storage of goods or prod-
ucts,including rail-truck transfer facil-
ities.
6. Crop and tree farming.
7. Administrative or executive offices
which are part of a predominant indus-
trial operation.
8. Scientific research, testing and exper-
imental development laboratories.
9. Establishments engaged in electronic,
automotive,aerospace,missile,airframe
or related manufacturing and assem-
bly activities, including precision ma-
chine shops producing parts, acces-
Supp.No. 12 1198.2
ZONING 4 16.04.180
sories, assemblies, systems, engines, b. Seruice uses.
major components and whole electronic (1) Finance,insurance and real es-
or electrical devices, automobiles, air- tate seruices.
craft,missiles,aerospace or underwater
vehicles or similar products,but specif- (a) Banking and related ser-
ically excluding explosive fuels and pro- vices.
pellants. (b) Security brokers and
10. Manufacturing,processing,assembling dealers and related services.
and packaging of precision components
and products, including precision ma- (c) Commodity brokers and
chine shops for products such as radio dealers and related services.
and television equipment,business ma- (d) Insurance carriers.
chine equipment,home appliances,sci- (a) Insurance brokers and
entific, optical, medical, dental and agents and related services.
drafting instruments,photographic and
optical goods,phonograph records and (f) Real estate operators, les-
prerecorded audiovisual tape,measure- sors and management ser-
ment and control devices,sound equip- vices.
ment and supplies, personal accesso- (P) Real estate agents and bro-
ries,and products of similar character. kers and related services.
11. Headquarters offices of industrial op-
erations. (h) Real estate subdividing
Q� 12. Alcoholic beverage processes, such as and developing services.
distilling and fermenting. (i) Housing and investment
13. Retail and service uses as listed in this services.
subsection.These uses are intended pri-
marily to serve the needs of the indus- (2) Personal services.
trial area,are compatible with the per- (a) Linen supply and indus-
mitted types of industrial uses,and will trial laundry services.
not interfere with the orderly develop-
ment of the industrial area. Such uses (b) Diaper services.
shall be limited to twenty-five(25)per- (c) Rug cleaning and repair
cent of the gross floor area of any single- services.
or multi-building development. Retail
and service uses which exceed the (d) Photographic services.
twenty-five(25)percent limit on an in- (e) Beauty and barber ser-
dividual'or cumulative basis shall be vices.
subject to review individually through
the conditional use permit process.(See (f) Fur repair and storage ser-
subsection 15.04.180 D.3.) vices.
a. Retail trade uses. (3) Business services.
(1) Merchandise vending machine (a) Advertising services (gen-
operators. eral).
(2) Tires, batteries and accesso- (b) Outdoor advertising ser-
ries (industrial sales). vices.
(3) Eating places,except drive-ins
or those with drive-through fa- (c) Consumer and mercantile
cilities. Z credit reporting services, and
Supp.No. 3 1199
4 15.04.190 KENT CITY CODE
adjustment and collection ser- (c) Engineering and architec-
vices. tural services.
(d) Direct mail advertising (d) Educational and scientific
services. research services.
(e) Stenographic services and (e) Accounting, auditing and
other duplicating and mailing bookkeeping services.
services. (f) Urban planning services.
(f) Window cleaning services. (g) Counseling services.
(g) Disinfecting and extermi- (6) Contract construction services.
LMnating services. (a) Building construction,gen-
�. (h) News syndicate services. eral contractor services.
(i) Employment services. (b) Plumbing,heating and air
Q) Food lockers, with or conditioning services.
without food preparation facil- (c) Painting, paperhanging
ities. and decorating services.
(k) Business and management (d) Electrical services.
consulting services. (e) Masonry, stonework, tile
(1) Detective and protective setting and plastering ser-
services. vices.
(m) Equipment rental and (f) Carpentering and wood
leasing services. flooring.
(n) Automobile and truck (g) Roofing and sheetmetal
rental services.
services.
(o) Motion picture distribution (h) Concrete services.
services. (i) Water well drilling ser-
(p) Travel agencies. vices.
(4) Repair services. (7) Educational services.
air services. (a) Vocational or trade
(a) Electrical repair� schools.
(b) Radio and television repair (b) Business and stenographic
services. schools.
(c) Reupholstery and furniture (c) Driving schools, truck.
repair services. (g) Miscellaneous services.
(d) Armature rewinding ser-
vices. (a) Business associations and
organizations.
(5) Professional services.
(b) Labor unions and similar
(a) Medical and dental labora- labor organizations.
tory services.
Other retail trade and service uses are
(b) Legal services. permitted which may be deemed by the
28
Supp.No.3 1200
ZONING 4 15.04.180
planning director to be of the same gen- 4. Restaurant, cafe or cafeteria operated
eral character as and compatible with in conjunction with a principally per-
those uses listed in this subsection. milted use for the convenience of per-
14. Gymnastic schools and similar uses. sons employed on the premises.
15. Health and fitness clubs and facilities. 5. Nursery schools and day care facilities
16. Indoor paintball. operated in conjunction with a per.mined Other similar uses which the planning mined use.
cus-
director finds compatible with the prin- 6. Other accessory uses and buildings ally
cipally permitted uses described in this permtomaute appurtenant to a principally
subsection,consistent with the purpose permitted use.
and intent of the M2 district and not of 7. For permitted uses, hazardous sub-
a type to adversely affect the use of stance land uses,including onsite haz-
ope d roes. ardous waste treatment or storage fa-
g p cilities,which are not subject to cleanup
18. Existing dwellings may be rebuilt, re- permit requirements of chapter 11.02
paired and otherwise changed for and which do not accumulate more than
human occupancy. Accessory uses for twenty thousand(20,000)pounds of haz-
existing dwellings may be constructed. ardous substances or wastes or any
Such uses are garages,carports,storage combination thereof at any one(1)time
sheds and fences. on the site, subject to the provisions of
19. Municipal uses and buildings, except section 15.08.050. Offsite hazardous
for such uses and buildings subject to treatment or storage facilities are
section 15.04.200. not permitted in this district, except
B. Special permit uses.The following uses are through a special use combining dis-
permitted provided they conform to the de- trict.
velopment standards listed in section D. Conditional uses. The following are the
15.08.020: types of conditional uses permitted in the
1. Gasoline service stations, with or M2 district, subject to approval by the
without retail convenience grocery hearing examiner.The list of conditionally
sales. permitted uses is illustrative of the types of
2. Nursery schools and day care centers. uses which shall be permitted and is not
C. Accessory uses.The following are the acces- intended to be exclusive:
sory uses permitted in the M2 district: 1. Any principally permitted use whose
1. Repair operations for products de- operations are predominantly con-
scribed as principally permitted uses ducted out-of-doors rather than com-
and sales and service incidental to a pletely enclosed within a building.
principally permitted use, provided 2• Any type of principally permitted use
such operations are housed as a part of whose operations are predominantly for
the buildings comprising the basic op- the repair of products described rather
erations. than the manufacturing or processing
2. Dwelling units, limited to not more of such products.
than one (1) per establishment, for se- 3. Retail and service uses as listed in sub-
curity. or maintenance personnel and section 16,04.180 A.13. which individ-
their families,when located on the pre• ually or on a cumulative basis exceed
mises where they are employed in such twenty-five (25) percent of the gross
capacity.No other residential use shall floor area of any single- or multi-
be permitted. building development.
3. Employee recreation facilities and play Conditional use permits shall be re-
meas• quired on an individual tenant or busi-
Zq
Supp.No.3 1201
4 15.04.180 KENT CITY CODE
ness basis and shall be granted only imum setback of thirty (30)
when it is demonstrated that the oper- feet.
ational characteristics of the use will
not adversely impact onsite or off b. Side yard on flanking streetof
conditions on either an individual or corner lot.The minimum side yard
cumulative basis. on the flanking street of a corner
lot shall be related to the classifi-
4. General conditional uses as listed in cation of the adjacent street. This
section 15.08.030. classification shall be determined
5. Principally permitted uses in the M3 by the city transportation engi-
districts. neer.The setbacks are as follows:
6. Manufacturing of paint.
':!•} 7. Automobile service centers, with or (1) Properties fronting on ante-
co without gasoline sales.
rials and collector streets shall
94 8. Source separation and recovery of re- have a minimum setback of
���7777 cyclable materials for solid wastes. forty (40) feet.
9. For permitted uses, accessory haz• (2) Properties fronting on local ac•
ardous substance land uses which are cess streets shall have a min-
not subject to cleanup permit require- imum setback of thirty (30)
ments of chapter 11.02 and which ac- feet.
cumulate more than twenty thousand c. Side yard. The side yards shall
(20,000) pounds of hazardous sub- have an aggregate width often(10)
stances or wastes or any combination percent of the lot width, but the
thereof at any one(1)time on the site, aggregate width need not be more .
subject to the provisions of section than thirty (30) feet. There shall
15.08:050. Offaite hazardous waste be a minimum of ten (10) feet on
treatment or storage facilities are not each side.
permitted in this district, except d. Rear yard. No rear yard is re-
through a special use combining dis- quired, except as may be required
trict. by transitional conditions.
E. Development standards. 4. Yards, transitional conditions. Transi-
1. Minimum lot. Minimum lot area is tional conditions shall exist when an
twenty thousand(20,000) square feet. M2 district adjoins a residential dis-
2. Maximum site coverage.Maximum site trict containing a density of two (2)
coverage is sixty-five (65) percent. dwelling units or more per acre or a
3. Yards,generally. proposed residential area indicated on
a. Front yard. The minimum front the city comprehensive plan.Such tran-
sitional conditions shall not exist where
classification the adjacent street. the separation includes an intervening
use such as a river, freeway, railway
This classification shall adjacent
deter-
mined by the city transportation main line, r similar
topographic ions, or
engineer. The setbacks are as fol• tial or other similar conditions, or
lows: where the industrial properties face on
a limited access surface street on which
(1) Properties fronting on arte- the housing does not face.When tran-
rials and collector streets shall sitional conditions exist as defined in
have a minimum setback or this subsection, a yard of not less than
forty(40) feet. fifty(50) feet shall be provided.
(2) Properties fronting on local ac- 5. Height limitation. The height limita-
cess streets shall have a min- tion is two(2)stories or thirty-five(35)
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Supp.No.3 1202
z '
ZONING 4 15.04.190
feet. Beyond this height, to a height this title and shall be maintained in a
not greater than either four (4) stories neat and orderly manner appropriate
or sixty (60) feet, there shall be added for the district at all times. The plan.
one (1) additional foot of yard for each ning director shall be authorized to rea-
one (1) foot of additional building sonably pursue the enforcement of this
height. The planning director shall be subsection where a use is in violation,
authorized to approve one(1)additional and to notify the owner or operator of
story,provided such height does not de- the use in writing of such noncompli•
tract from the continuity of the indus- ance. The property owner or operator
trial area, and may propose such con- of the use shall be given a reasonable
ditions as may be necessary to reduce length of time to correct the condition.
any incompatibility with surrounding F. Signs.The sign regulations of chapter 15.06
uses. Any additional height increases shall apply.
may be granted by the planning com• G. Offstreet parking.
mission.
6. Landscaping.The landscaping require- 1. The offstreet parking requirements of
ments of chapter 15.07 shall apply. chapter 15.06 shall apply.
,n 7. Outside storage. Outside storage or op- 2. Those areas not required to be land
p erations yards shall be confined to the scaped may be used for offstreet
twi area to the rear of a line which is an parking.
extension of the front wall of the prin• H. Performance standards. The performance
cipal building,and shall be reasonably standards as provided in section 15.08.050
screened from view from any street by shall apply.
appropriate walls, fencing, earth
mounds or landscaping. I. Development plan review.Development plan
8. Loading areas. approval is required as provided in section
a. Loading areas must be located in 15.09.010.
such a manner that no loading,un- (Ord. No. 2524, § 2, 1-7.85; Ord. No. 2676, § 2,
loading or maneuvering of trucks 11.3-86; Ord. No. 2695, § 10, 1.20-87; Ord. No.
associated therewith takes place on 2742, § 1,9.1-87;Ord.No. 2786, §2,6-21.88;Ord.
public rights-of-way. No. 2801, § 14,9.6.88;Ord.No.2803, §2,9.20.88;
b. Earth berms and landscaping shall Ord. No. 2843, § 1, 4-18.89; Ord. No. 3129, § 2,
be provided along street frontages 9.7.93)
as necessary to screen dock-high
loading areas from public rights- Sec. 15.04.190. General industrial district,
of-way.Berms shall be a minimum M3.
of thirty (30) inches in height.
Landscaping located on the berm The purpose of the M3 district is to provide areas
shall conform to type III land- suitable for the broadest range of industrial ac-
scaping described in subsection tivities, and to specify those industrial activities
15.07.050 C. pertaining to visual having unusual or potentially deleterious opera-
buffers. tional characteristics, where special attention
buildings. Multitenant must be paid to location and site development.
9. Multitenant shall permitted. Light industrial uses which require restrictive
buildingsall
10. Improvement sht and maintenance of yards standards on the part of adjoining uses are dis-
couraged from locating in this district.
and open areas. All required yards,
parking areas, storage areas, opera- A. Principally permitted uses. The description
tions yards and other open uses on the of principally permitted uses is illustrative
site shall be improved as required by of the types of uses which shall be per-
3t
Supp.No.3 1203