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Home My WebLink AboutPW1988-0192 - Original - Transcanada Enterprises, LTD. - Rezone Agreement for 64th Avenue South and SR 516 - 04/07/1988 EATTLE 20t) a= �_4 F 1 , REGEiV'� RECORDING MAIL TO: , y of Rent 0 4th Avenue South rent, Wa 98032 rtttn: carol. Storm co CITY OF KENT/TRANSCANADA ENTERPRISES ty REZONE AGREEMENT 0 N q4 `, 'his Agreement , made and entered into this clay by and between the CITY of Kent, a OO � in ton munic l corporation, hereinafter referred to as t " , under and by virtue of being duly organized and existing " aw.3 of the State of Washington, and TRANSCANADA ENTERPRISE` , Canadian Corporation, authorized to do business "I Washing", and hereinafter referred to as the "DEVEIh7I"ur'' . THAT: C\ :i t__?EAS, the DEVELOPER has submitt.p d, for approval by an application known as TRA 4S(,Ar4ADA ENTERPRISE Q3 ezorle from RA, Resident a • ° Agricultural., to ti► 1t1 "am c ly Residential, {gaper Described an "__h is generally located in `;+ vici r i y of 54th Aven wR 516 ; AND CJIJ WHEREAS , some of the specific ::m.nclitian _ lie CI`T'' , i,f-ary approval were as follows: � e m 1 . Deed to ,.e City of Kent the easterly 30' of the property "�r public right-of-way for 54th Avenue South . Phis right-of-way shall include sufficient area to construct e turn around with a moot minimum radius at the southern t:errrtioous. 64th Avenue South from Meeker Street to the SR-516 right-of-way shall be constructed to City standards. PAGE 1 OF 5 DHTT'L_ `G=ir 4 _+ 3 . Participate in the construction of a traffic signal at the intersection of 64th Avenue south and Meeker Street at such time as traffic warrants indicate such is required. The dollar amount required from this property will be based on the volume of traff4ic generated from the site. if the site is not fully developed at the time traffic warrants are met , no further (� buildinc_ permits shah ._b _is'"ued "r,ti1 the O signal is installed and road im rovements note below are made. Olt 4 . Construct an east bound right-turn lane on West O Meeker. Street at 64th Avenue South at the time of signal installation as required in Condition Construct a 12 foot Left turn lane on ~Jest Meeker Street at 64th Avenue South in accordance with the City's Meeker Street Improvements Plan. 6. Enter into a L. I .D. covenant with the City for the North/South Drainage Channel and Detention Basin project (L. I.D. 306, West Valley Drainage system) ; and for the SCS P--1 and P-2 Drainage Channel projects. WHEREAS , Condition 5 has already been constructed and, "ti(-:jrefore, its requirement has been met, AND; WHEREAS, an L.I.D. covenant has been executed as required in Condition 6, AND; WHEREAS, the CITY has determined that the deed for the easterly 301 of the property is no longer necessary, AND; WHEREAS, the requirements for a turn around in Condition 1 have been met, AND; WHEREAS, the City Council ntrmally sloes not approve a rezone until all the conditions for the rezone have been fulfilled, AND; NIHEREAS , the DEVELOPER desires the above described rezone conditions be tied to the issuance of a development permit an the property instead of the passage of the rezoning ordinance, AND; PAGE 2 OF 5 �:;EHTTLE 20t WHEREAS, the CITY is agreeable to deferring the fulfillment of the--n specific rezone conditions to the issuance of a development permit on the property, AND; WHEREAS, the conditions of this rezone are conditions that the Q� CITY normally requires as conditions on the issuance of development permits, O NOW, THEREFORE, in consideration of the fallowing, it is hereby N agreed by and among the parties that: A. The CITY will not require the fulfillment of the following conditions prior to submission of the or) rezone ordinance to City Council for approval: 1 . Construct 64th Avenue South to CITY standards from Meeker Street to the SR-516 right of way. 2 . participate in the construction of a traffic signal at the intersection of 64th Avenue South and Meeker Street at such time as traffic warrants indicate such is required . The dollar amount required from this property will be based on the volume of traffic generated from the site. If the site is not fully developed at the time traffic warrants are met, no further building permits shall be i -* sued until the sic�na._1 s pstalled and road improvements noted below are made, 3 . Construct an east bound right--turn lane on West Meeker Street at 64th Avenue South at the time of the signal installation. B. Upon Council approval of the rezone and a complete development permit application, the above conditions wial be conditions attached to the issuance of the development permit. Other conditions not applicable to this rezone may also be attached to the development permit. No occupancy permit shall be issued, until the conditions described in section A above have been fulfilled as well as any others not fulfilled at the issuance of the development permit. PAGE 3 OF 5 ' EHTTLE `06 E = 4- F. _ '1 C. If, by any reason of any default or breach on the part of either party in the performance of any of the provisions of this Agreement, a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees in C connection therewith. It is agreed that the venue (� of any legal action brought under the terms of (� this Agreement shall be in King County , t}� Washington. D. This Agreement shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. E. Should any term, provision , condition or other portion of the Agreement be held to be inoperative, invalid, or void, the same shall riot affect any other term, provision, condition or other portion of this Agreement; and the remainder of the- Agreement shalt be e ftecti._e as if S"t',�� term, provision, condition or portion had not been contained herein. TRANSCANADA ENTERPRTSES, LTD. CITY OF KENT Director of Public works Title _ -- k148-88 PAGE 4 OF 5 _ - _. EHTTLE 2C1E 24:31 73-4 P.4 13 EXHIBIT "A" ,hat portion of Sections 23 and 26, Township 22 North, Range 4 Fast, W.M. , in King County, Washington, described as follows: (� pegi.zining at a point of intersection of the west boundary line of O ::. C. Thompson Donation Claim in said Section 23 and the south line f meeker Avenue, marked by a round concrete monument 6 inches in giver two feet long set two feet in the ground, THENCE west O ! c:,ny t;h�-, south marginal line of said Meeker Avenue, 30 feet to a a. ; ; ctaument;; THE14CE south on a line parallel with and 30 feet ye t f Lo.x, weir boundary line of .said Thompson Donation Claim, a :Iistan ce of 756 . 55 feet to a point marked by a i ke monument; "HENCE west 996. 8 feet to a like monument; THENCE south 35. 3 feet to the point marred by a like monument; THENCE continuing on same course south 50 Feet, more or less, to the waterline of the right bank of White River; THENCE in a southerly, southeasterly, ea terly and northeasterly direction along said water line of Whit: River, 4900 feet, more or less, to the west boundary line of said Thompson Donation Claim in said Section 23 ; THENCE north along said west .tn! ary Line of said Tonation Claim, 40 Feet, more or less , to a 7c fa on the said right bank marked by alike monument; THENCE can the west boundary line of Thompson Donation Claim, 174 .11$ e s t t c, the paint of beginning , EXCEPT that portion thereof .d by the State of Washington in King County Superior Court. ilumbet 7475i2 ; EXCEPT that portion conveyed by Goadnews a „ `'i ii.ng Company to the City of Kent by deed recorded under Recording Number 6221635 . PAGE 5 or 5 C1 CIDTTLE % Ss COIINTY OF K1-1116' on this _day of �t--4--11 19e be ine, the undersigned* a ' OtarY vdr., Commissioned and sworn, pei-500,1 Public in and for the of W*S+rf 'V du t MAY�4 KV"J, to me known to b 4v WC-9 C>A R-4 appeared—zj9L of rpuration, the the trile Said foregoing instrument, and acknowledged executed the �on, and a to te the free and voluntary act and deed of said corpoYal L)Ut-poses therein mentioned, and on oath stated that they were d executc., the said instrument and that the seal affixed is the cur,c)4,'Tate seal of said corporation. ejITNESS my hand and official seal hereto affixed the day and VeAr firs' ften, ...... 0 ary Pubs i C an' f(J << residin My appointment exp I kes- �A�� / RT D.WAT Solycito & 1030 505 Burrard str -C v7 'M .couver,B WX IM jisphone: STATE OF WASHINGTON�SS COUNTY OF KING ) On this-{kday of C� L• ,19 61, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally un I to me known to be T4 appeared ? and Gthe t�;�.(, ��:1L'eti �u gat and of (b c "e � Corporation, the Corporation that executed the foregoing instrument, n acknowledged the said lid' instrument to be the free and voluntary act and deed of said corporation, a`nd for the uses and purposes therein mentioned, and on oath stated that they w-e" �? authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in an , i or? g' e� of Washington, residi at c ,a =, t i My appo intment expires 4 r