HomeMy WebLinkAbout2243
6378283
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5116
473
ORO I MANe;'; NO.
2245
~tt ~INAMC[ OF THE: CITY OF AU8U1'Ql_ WASHI.TQN, PRtWtOINGFOt TM! REZ<lU" OF CtRTAIH
F'ROPatTY IN TM( CITY OF AtJ8tNC, CH4H8IMG TlfE Z.,NG ClASSIFICAT.ON TMEAECF FRQM
R-2 TO C.I, C-3, AND P-t.
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WHfRtAS, . ,.t. t'Oft h.. b.. ..., tteel to the Coune" of the CI ty of Au_w" by
Rotuwt C. lChMtz, ,...... tftt the r..OI\''', of the ,.... "..op..ty her.I"eft.,. facrfMcl 'ft
Sect 10ft I ., thi. erd',..Ke, whfdl ,eUtI_ ... .ate. No"","r 20, tM71 .-4,
wtft:'REA$, ... . r.....t above r.f.,...... to .... ref..r_ by tbe CI ty e.ftC Jf to t".
P...,.... ee..l..IOft fOf'" ,tUely aM ",... Ie he..lft' t..,.... ....,
WHFREAS, the P.....tAl eo.',,'cm M.d. pubflc he...... tOcorta'''' .... petitIon 1ft
the City Hal t of tne Cfty of A".urn at 7;10 ,.M. ono.c....r I., I..., eM ....t'fMt4 ....
pub I Ie: ...ri". to Janu....y J, IHI, at .'ch fI... t" City Platm'", e..'....n r-=__411
tt\e rePft. of the "'Jectpr.,.,.'"" tt.er.tnenar 11IM, fla., aM,
WHER~AS, the Cfty c.., I of ,"- efty of AUIt",." 1M.. a ,ubI I......'.... t_ City
...... of ta. Cfty of A"-vr"at '100 ,.M. Oft ,............y I, 'HI,at tM ceM..t. of WhtC~
the City Counct I cetICW..... wUh ta.. rec_ft44tf'oM of tfte P'IIftftI.., eo....,.. _ "",.'n-
~ .teteet,
- .
.., THEAfFORE, ntE' CITY COUNCIL &F THE CfTY OF A...., WASM......, DO _AUI AS
FOllOWS:
"t ,- t, That..... 'ollowt., ......Md pr.....t'..oqtect In the City 01 ....urft,
c...t, of Kin" State .f -....",ton, ... aft. the ... I. her.y reZ'0fM4 fl". R4 to t-I,
C-) end P-':
R-~ t~C-'
Th.t pOI" of the .. 'JOt of hvJt lot I., 'ft. 11-21-' lId tM E "7.50' It
... t...t ,.. of ""'t lot to a. SH. II "'ft. It., of t.l. Hrwy R4f.,
sltuat. In eouaty of te..... Itat. .f ."'a,tOft tESS tbtt '.1' t.... at
fit. pt of l.t......U.. of t... S lit Of 8th St. 11..1. a. ta. I I, 1ft of
F.t. War~y R4J th ~ ." t&. $ In ., It. St. N.E. 2OO'J th I .t rlfht
-914.. 110' # th $W'y f. . .tra'th' .. to a ,t ... tM r ty 'ft of .....y~
~4f 200' Slly frOM the p' of ..., th _., to tlte pt of .....
!!-2 t, C-I
Tnat ,.,. ef ~'t Lot. '0" "~, $_. .....2.-. _. .. fOllt '''. .t .
pt of '''t....... of t.1 'ft of 'ttt St. ME' _. t.. FlY ht of E.'.
Her.., R', ttt Ea., tlte I 'ft of 8th St. ., ... J ta. S .t rlpt ......
..', '" awly In. at""pt ft, to . ,. Oft the E I, In 0' 1.1'. M.,..,
Rtf lOOt SF. I, frOM ttMt ,-, th .'y tG the poa.
1It~ t~ p...,
T.... S 50' of ttwa f 447' Of the'Gll 4Mc. prop.,-tYI N )JO' of Gov't
lot ". $H. '....21-. lESS tn. E "7." 8ftCf LESS that,.,. of ....t
lot .0 ."". lly of E..C. .....vey ltd. lESS roeu.
Stet tOIl ,~ 'tI.t the ........t to the C..,.......v. Zon'". Map .f the CI t, of A.v..."
...._t". t",. ......"8 ~,...If'catl_ ~,whlc" ..."...., 'a .........t_ Exht..u
Hit." hareof, ... Met the.... t. .....y-..rovN.
I,..,. ,. That tha City Ch..... 'a .......y authorIzed aM _Ireet.. to 'lIe. c....tl-
fleet c.,y 0' th', Orell "sace with the '(1 ft. COUftty AueU tor '. Off J e..
Pat_ Ofte
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5116
474'
lect'.. .. Tbat tbl. Or-"'A4tftC* -.,. teac. *ffMt 11ft (" .Y. fr___ ..t.... u.
P_a,." eppnwa' Mil pub' le.t Jon .. prov'Hc1 ., low.
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PAISIO:
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tlty AttorNy
PUal f$MQtt
Auburn Globe New$
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PAGE Two
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5116 ,475
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THI S AGREEMENT made and executed In tr I p II cate th i s \ \ \k day of ,,')l.tA'\.Q , 1968
by and between the CITY OF AUBURN, a municipal corporation of the third class, hereinafter
called "PARTY OF THE FIRST PART", and ROBERT C. KLONTZ and LOU BELLE KLONTZ, his wi fe; and
LAND MAR K
CONSifRliJ.'Cf{}R;&, lrLN.~.a corporation duly qualified to do business within the Stete of Wash-
ingtoni hereinafter called If PARTIES OF THE SECOND PART-"
WIT N E SSE T H: Thet
WHEREAS, It Is proposed to request the Mayor and CHy Coul'lcll of City to change
from R-2 Single Family DIstrict to P-I Public Use District, C-I Light Commerch" District, f
end C-3 Heavy COI'I'I'fterclel District the property herelnaHer descrIbed In Section I of this
Agreement; and,
WHEREAS, It Is belIeved that the rezoning of said area as above deacribed will be In
the public Interest, welfare and convenience of the City of Auburn; and,
WHEREAS, the Parties of the Second Part agree as a pert of seld consideratIon to
layout, develop and maintain saId property to be rezoned l!lS hereinafter set forth;
HOW, THEREFORE, THIS AGREEMENT WITNESSETH THAT FOR AND IN CONSIDERATION OF THE
MAYOR AND CITY COUNCIL OF CITY PASSING AN ORDINANCE CHANGING THE ZONING USE CtASSIFICA=
TION OF SAID PROPERTY HEREINAFTER DESCRIBED FROM R-2 SINGLE FAMILY DISTRICT TO P_I PUBLIC
USE DISTRICT, C-I LIGHT COMMERCIAL DISTRICT, AND C-3 HEAVY COAWERCIAL DISTRICT, AND OF
THE MUTUAL BENEFITS TO EACH OF THE PARTIES HERETO, THE PARTIES, THEle RESPECTIVE SUCCESSORS
AND ASSIGNS 00 HEREBY COVENANT AND AGREE AS FOLLOWS:
Section I. Parties of the Second Pert agree to layout, develop end melnteln the
hereinafter described property, to wit:
I . R-2 to P_I
The S 50' of the E 447' of the foil desc. property; N 330'
of Gov't Lot 15, Sec. 18-21-5 LESS the E ~17.5' AND lESS
that por of Gov't Lot 10 lying Ely of f.E. Harvey Rd. LESS roads.
2. R-2 to C-I
That portion of the N 330' of GOY't Lot 15, Sec. IB- 21-5
LESS the E 617.50', also that portion of Gov't Lot 10 sd
Sec. 18 lying Ely of E.E. Harvey Rd., situated In County of
King, State of Washington LESS the foil: Beg. at thept
of Intersection of the S In of 8th St. NE and the Ely In of
f.E. Harvey Rd; th E alg the S In of 8th St. NE 200'; th S
at right angles ISO', th SWly in e straight In to a pt on
the Ely In of Harvey Rd 200' SEly from the pt of beg; th
NWly to the pt of beg.
3. R-2 to C-3
That portion of Gov't Lots 10 & 15, Sec. 18-21-5 desc es foil:
Beg. at a pt of Intersection of the S In of 9th St. HE and the
Ely In of E.E. Harvey Rd; th E 819 the S In of 8th St. NE 200';
th S at right angle. 180'i th SWly In a straight In to apt on
the .Iy In of E.E. Haryey Rd 200' SEly from the pob; th NWly
to the pob.
Page One
'5116
476
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In accordance with site development plans prepared by Parties of the Second Part and
approved by the Public Works Department of the Party of the FIrst Pari. prior to the
time any building permits for construction 1n the above described property ere to be
Issued by the Parry of the First Pert.
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Section 2. The Parties of the Second Part further agree thet the foltowlng special
condlt10ns shall apply and as such shel I constitute material conslderation-es end for
this Agreement:
a. Parties of the Second Part agree to pay their pro-rated share
of a traffic control device at the Intersection of Hervey Road
and 8th Street N.E., Auburn, Washington, when it is determined
by the Street Committee of the Auburn City Council that the
traffic at this intersection warrants said signal. The pro-
rated share of the coat of said traffic control device Shall
be 25. of the total Installation cost but In no event shal I
It exceed the sum of $5,000.00.
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b. Parties of the Second Part agree to dedicate to the Party of the
First Part the necessary right-of-way to provide for a 25 foot
turning radius on the NW corner of the property proposed for
rezoning as described hereinabove.
c. The Parties of the Second Pert agree to establish a 50 foot
buffer strip, otherwise known as a green bett, on thet portion
of the C-l prcperty that Is adjacent to Massey'. First Addition
end further, the Parties of the Second P.rt, their successors
and esslgns, are hereby required to maintain said green belt
in perpetuity end shall plant and cause to grow screening type
shrubs and/or trees In conformance with the re,ulrements.~f t~~
Perk Board of the City of Auburn. It is fu'rth.r' agreed by end.
between the Perties hereto, that the Parties of the Second 'Part
shall construct a suitable screening type fence to the said
Park Boards requirements If said Park Board determines that the
exIsting fences ar. not adequate to provide a screening type
effect.
d. Pertles of the Second Part further agree thet the portion of
land to be zoned C-3 shal I be located, end be of the same stze,
as shown on the plans fl led with the Party of the First Part
w~th the petition for rezoning. It Is furth.r agreed by the
Parties of the Second Part that the property perposed to be
zoned C-3 Shall be restricted for use as III service station
hc I ~ I t Y on I y .
Section 3. Parties of the Second Part further agree to comply with ell applicable
rules, regulations, ordinances end laws of the City of AUburn, relative to development
of the property described above.
Section 4. It Is understood and agreed by and between the parties hereto that the
provisions of this Agreement shall be binding upon and enforceable against the Parties
of the Second Part, their successors and assigns, and ell subsequent owners, their
respective hetrs, successors, and assigns of the property herein described.
Section 5. An executed copy of this Agreement shal I be recorded among the land
records of the County Auditor In and for the County of King, Stete of ~Yashlngton.
Pege Two
, 5116'
477
IN WITNESS WHEREOF the Parties to this Agreement heve caused these presents 8S
executed the day and year aforesaid.
PARTY OF THE FIRST PART:
CITY OF AUBURN
BY
t'<. ~ :!: A ~__~ ~
MAYOR
ATTEST:
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PARTIES OF THE SECOND PART:
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LAANO'M'AR~;. C()~,;S?f;RUQ)rOm; I I NC .
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BY ./ ~/e~ 7~ ~ ~~~: /
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
On this ~t~day Of~, 1968, before, the undersigned, e Notary Public In
and for the State of Wa.hl on, duly commissioned and sworn, personally appeared
ROBERT E. GAINES and GENE ILL lAMS, to me known to be the Mayor and City Clerk, respec-
tIvely of the City of Auburn, a municipal corporatIon, and the corporation that executed
the foregoing Instru....nt, and acknowledged the said Instrument to be the free and voluntary
act and de4d of said corporation, for the uses and purposes therein mentioned, end on
oath stated that they are authorized to execute the saId Instrument and that the seal
affixed's the corporate seal of s.ld corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
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NO A PUBLIC, in and for t
Washington, residing at Aub
Page Three
5116
478
STATE OF WASH I NGTON )
) ss.
COUNTY OF KING J
On this ~day of ~ , 1968, before me, the undersigned, a Notary Public
In and for the State of Washington, duly cotmllssloned and sworn, personally appeared
ROBERT C. KLONTZ and LOU BElLE KLONTZ, hIs wife, to me known to be the Individuals
described In and who ekecuted the within and foregoing instrument, and acknowledged thet
they signed the same as their free and voluntary act end deed for thl~ uses and purposes
therein mentioned.
WITN.ESS...fflyhand and officIal seal hereto afflked the day and year first above written.
STATE OF WASHINGTON
S5.
COUNTY OF KING
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On this If v day of ' , 1968, before me, the undersigned, 8 Notary Public
in and for the State df W hlngton, duly commissioned and sworn, personally appeared
Va I er i e Ba in, to me known to be the Pres i dent
LANDM..\RKt (lQM~J,*~ r~~J;'cL,~",(:, and the corporat Ion that executed the foregoing Instrument,
and acknowledged the said Instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath shted that he
Is authorized to execute the said instrument and that the seal affixed is the corporate
seal of said corporation.
and offici.' seal hereto affixed the day and year first above written.
Page Four
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5116
479
STATE OF WASHINGTON
SSe
COUNTY OF KING
I, Gene Williams, the duly appointed, qualified, and acting City Clerk
of Auburn, a Municipal corporation of the third class, situate in the County
of King, State of Washington, do hereby certify that the foregoing is a ful I,
true and correct copy of Ordinance No. ~1~ ' of the ordinances of the ~ajd
The City of Auburn, entitled '~N ORDINANCE OF THE CITY OF AUBURN, WASHINGTON,
PROVIDING FOR THE REZONOO OF' CERTAIN PROPERTY IN THE CITY OF AUBURN, CHANGING
THE ZONING CLASSI1"ICATION '1'HEJ?EOF FRON R-2 TO C-l, C-3, AND P-l.
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I further certify that said Ordinance No. ??J.'l was duly passed by the
Counci I and approved by the Mayor of the said The City of AUburn, and published
as provided by law In the Auburn Globe-News, a weekly newspaper plJblished In
the City of general circulation therein, on the --.4~ day of
, A.O., 19 68
official seal of the City of Auburn, this /~~
day of
, A.D.,' 19 6e
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filed f. R~eco /7 wfJ ~,.,1Vt. ~
Request of . o-;r ~ . ~.... .,. ..
~OBER A. ~IUS, County Audl....
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APPLICATION NO: 58-67
ACT TUN : ORD NO.: ~:J ;>'i'
SC:\1.E:
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XA"F (II' (,\\'1\ EH: I\: lont z. I\:n i("\,;~rhock~r. lIanFlcn
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R - 2. t; 0 H - 4. C - 1 f- ~~.::.J
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of Rth t. lIar'vey Rd. NE.
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