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HomeMy WebLinkAboutPL09-271 - Original - Bertram J. McNae - McNae & Okimoto Rezone - 03/29/1978 V • AGr,I a,MENT APR 10 1 29 PH RECORDED KC RECORDS AGhELMLNT made on the da.Les of execution hereafter shown between the City of Kent , Washington , -IL municipal corporation, and L'ERTRANI J . McNAL, as agent for himself and oLher persons owning an inLerest in Lhe real property described in Lhe exhibits attached to this agreemenL (hereafter known as "Owners" ) . RE'C1TALS A. McNae and those he represents are owners of certain LO real estate located ill the C1 L; of Ken L , Washing Lon , comprising of roughly 30 acres and bounded on the north side by Pest O e-- Meeker Street , on the east by G4tli Avenue SouLh, and on the rf west by Russell Road, and legally described in the attached 00 Exhibit A hereto. B. The real estate referred to is currently zoned "RA" ( Residential Agricultural) , and McNae has applied to the City_ , of liens: to have the northeastern corner of the property rezoned to Community Commercial and the balance of the property to Multi-Residential Nledl.um Density (N1R-M) . C. The governing body of the City of Kent , namely , thest i City Codicil of the City of Kent , has granted McNao ' s application to rezone subject to McNae enLering on behalf of hlmrsc:lf 'U'd, the oLher owners into a written McNae- and. si p1,is Lo cart' y ouL c•crLa.11l -couClltlon:> any Sl1CC.t_SSOrS , h(.115 or as s 4. and improvements to the properLy at the owners ' expc;nsc, such condiLions being Set forth oil page 7 of the Kent Planning Agency ' s Staff Report oC October 25, 1077. 0P7 THEREFORE , IN CONSlDERAT )N FOR TILE' ENACTMENT OF AN , ORDINANCI� GRANTING THE REZONE APPLICATION OF McNAE AND TEE SUBSEQUENT ISSUANCE OF A BUILDING PERMIT IN ACCORDANCE WITH SUCH ZONING, IT IS AGREED: 11 . This Agreement shall be considered as a covenant running with the land and he recordablo so as to give con- structive notice tb all persons of this agreement ' s existence. 2 . The Owners, their heirs, successors and assigns shall on or before the granting of any inlLial building , In grading or other development permLt of the Subject property , 00 � convey by quitclaim deed in a .Corm approved by the City of J Kent the following parcels which are now a portion of the �— 6 parcels 1 nzi- p perimeter of the Owners ' property : co 1� a. For right of way purposes a 10-ft . wide strip running the length of the Owners ' property along the boundary of West Meeker Street . b. Sufficient property to construct a radius turn of 25-ft . at the corner of 64th Avenue South and West Meeker Street . C. A strip 5-ft deep along the west boundary of the property which boundary borders Russell Road for the purposes of additional righL of way, and in addition shall deed suff ie-Lent. property do 1 hal. :1 2')-- 1 L . r:icl iu-: Lurn cnn b(1 consLrucLed at Lhe corner of Russell Road and West Meeker SLreeL . -2- r 3. At the time that an,, initial building permit, grading or development permit is applied for whether such permit be at the city or county level, Owners shall submit to the City, their plans for and subsequently construct the following improvements at no cost to the city: a. Improve to a total street width of 36 feet by adding a concrete curb and gutter to that portion of 64th �7 C\! Avenue South which borders on the subject property, linealy 00 © from the intersection of f]eeker SLroeL Lo the southernmost CD access point to the property. b. Improve to a total street width of 32 feet by 00 means of constructing a concrete curb and gutter on the western boundary of the subject property along Russell Road and running linealy from the intersection of Meeker Street to the southernmost access to the property. C. Comply with the drainage requirements then in effect by King County or the City of Kent (whichever is applicable) for drainage. If Fonds are required, provide a 7-day storage by means of ponds on the property. It is understood these ponds may be removed at such time ar, later enactments of King County and the Green River Flood Control District may perrni.L•. 4 . WItliLn 30 days alter Lho exvcuLion o1. this ,igrcomellL, the City of Kent shell enact its ordinance granL-ing to L•hc Owners the rezone classifications applied for. 5 . Both parties agree that if this agreement is breached, damages would be inadequate; and if this agreement -3- is breached by the Owners or illy succr.ssor Lo the Owners, the''City shaLl have all or an; comb in;il Lon of the follol�,jng;,,', remedies in addition to any remerly provided by law: a. Enjoin the further development of the subject property and have a degree of specific performance entered requiring; the Owners or their successors to conlpl ,y with the provisions of this Agreement . b. Cancel , suspend or revoke any building; permit LO previously issued; CV 00 C. have title and possession I;rauLed to the City CD C] of those portions required to be deodcd to 1t by paragraph 2 , T— d' Lhe same as if condemnation had occurred and compensation paid. 00 d. Complete the improvements required and charge j` the Owners with the reasonable costs of such improvements, and have a lien upon all of the subject property equtvalent and enforceable in the same manner as a lien for unpaid taxes. 6. This Agreement is binding; on the land in question and the parties hereto , their heirs, successors and assigns. 7 . If this Agreement is breached and legal action is subsequently commenced, Lhe court in iddit.-Loii to any other damages which may be awardable by law, shall be authorized to award a reasonable sum as attorneys ' ices to the prevailing; Marty . 'I'HN C ' , mo h 1'NT lay P11O111RTY 0WNE11: Mayoj, BE'llrMABi J . hIcN`A1: on'beha I I o f 111 [11SC'l l' and a:; 1110 1111L110rLzed agent. of all other title owners in inLerest ' -'1- IN STA1L'• OF 0.A,,�IIINGTON, 1 I ss. TITLE 0 counts of K I N G I) 1,,,,.. On this day personally appeared before me BERT J. McNAE CIO I� to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as hi S free and voluntary act and deed for the purposes therein mentioned. Gwen corder ray baud and,,/fire/rV, t rl y of l�(b�'I,8 ,✓ Notary Public in and for the State of Waebragiou, residing al Seattle _ TL.34 1/66 Security Title Insurance Company of Washington - ACKNOWLEDGMENT - ORDINARY ��`'� �.' That portion of Section 23, Township 22 N. , R. 4 E. , W.M. in King County, Washington, described as follows : Commencing at the corner common to Sections 13, 14, 23 and 24, said township and range; thence west along the section line between Sections 14 and'23, 1,102 feet; thence south along the prolongation of the west line of Thompson Donation Claim along said west line 2,029 feet to the north line of Meeker Ave. ; thence west along the south line of Meeker Ave. , 30 feet to the TRUE POINT OF BEGINNING: thence west NJ along said south line of Meeker Ave. , 1659.3 feet, more or less to the C^A easterly line of the road, 40 feet in width, conveyed to King County by deed dated March 7, 1905; thence Southeasterly along said easterly line of the road, 873 feet to a point on the right bank of the White River; thence continuing on the same course 50 feet, more or less, to the intersection of the easterly line of said road with the water line of the right bank of the White River, thence easterly along said water line 504 feet; thence north 50 feet, more or less, to said right bank of the White River; thence continuing on the same course " north 35. 3 feet to the northwest corner of the tract of land conveyed to Elizabeth Steward Robb by deed recorded under Auditor's File No. 629615; thence east 996. 8 feet, more or less, to a point 30 feet west ,of the west line of the Thompson Donation Claim; thence north parallel with said west line 758.55 feet to the True Point of Beginning: EXCEPT any portion thereof lying below the line of ordinary high water of the White River, ALSO EXCEPT land condemned in King County Superior Court Cause No. 115085 on the south side of Meeker Avenue. i Simmons, Mary From: Anderson, Charlene Sent: Wednesday, June 24, 2009 3 11 PM To: Simmons, Mary Subject: RE Agreement Looks like the rezone was conditioned (rare because of the difficulty in keeping track of it). I would think we would want the agreement with the ordinance, however. From: Simmons, Mary Sent: Tuesday, June 16, 2009 9:41 AM To: Anderson, Charlene Subject: Agreement Hi Charlene I found the original agreement in our council files. I'm not keeping the copy with the ordinance but I will keep the original agreement in our files. Thank you. Mary Simmons Deputy City Clerk City Clerk's Office 220 Fourth Avenue South Kent, WA 98032 253-856-5725 www.choosekent com Please consider the environment before printing this e-mail 1