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HomeMy WebLinkAbout2243 6378283 . 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. ~ ~ ~ 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 ". $H. '....21-. lESS tn. E "7." 8ftCf LESS that,.,. of ....t lot .0 ."". lly of E..C. .....vey ltd. lESS roeu. Stet tOIl ,~ 'tI.t the ........t to the C..,.......v. Zon'". Map .f the CI t, of A.v..." ...._t". t",. ......"8 ~,...If'catl_ ~,whlc" ..."...., 'a .........t_ Exht..u Hit." hareof, ... Met the.... t. .....y-..rovN. I,..,. ,. That tha City Ch..... 'a .......y authorIzed aM _Ireet.. to 'lIe. c....tl- fleet c.,y 0' th', Orell "sace with the '(1 ft. COUftty AueU tor '. Off J e.. Pat_ Ofte ~........~ .f ", 5116 474' lect'.. .. Tbat tbl. Or-"'A4tftC* -.,. teac. *ffMt 11ft (" .Y. fr___ ..t.... u. P_a,." eppnwa' Mil pub' le.t Jon .. prov'Hc1 ., low. 1..1RCOUCtD, ~y , .. .'" JVLY I,. ,.. ~t..Y f. I. PAISIO: A""""h __Ii," I. ..., *AVO. i''l p'r j tlty AttorNy PUal f$MQtt Auburn Globe New$ ._ ',- l~l.__ PAGE Two ...lU::_,...~:~ 5116 ,475 . . ~5i!llif!f!:!I 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 .?' 1'.. ,~.,..... " 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. .. ." 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. ~" 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: .- ,.~ ....-- ......- PARTIES OF THE SECOND PART: ,f'j /' ,'/ ~ ,"/ ~~ ~ / / ~ .' ----/ " ~=e'. ~~ .-.._~---~ ? / ~ // / ~~" .' laJBE~cmZ ~ LAANO'M'AR~;. C()~,;S?f;RUQ)rOm; I I NC . ~//// " 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. :\. J> .~ ~ 0'V ~,~ e0 ~"f, o>V~ ~ ~0'<F'. J>-- \ ~/ 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 ul ~ 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 ... . -' .. 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. ".~~~Ii.If, .~ 4/';::; "., "" ,', "',',!. l 'If", e,,'. 'I." . ! .x;".- , . ... ~ E.., """ x,'G,'~ ,e, f". , ho.o I ,'~" \~~:"l, ; -.., :.~ q.() ",~ . ~ ~S ~'rA ~~1IoJ t, t.c-" :A.".;"~,,, . ,~', ;".' ',l,'~,'" Ij' ..,. _. ~ ...0 " r'..... ~. ,'.' ,I ~ ( ~ . '. ' '! C) " . II> ...-..... 0 '" j ", . (A, e.'-,*' \ . ..... ~.."", """'-. .,.' ..~,'.. <$ ~J"..;lJ .' Ii "'.... .... ."\" J!~' ~t. ' . . . . . . . '. .\ \' ".. \. W ~J' " '"'~ . "t- ~i--- .:::~ HI' ''1 "iSt"0 Q.\,~...J., '?"''1'''''''' :L , ... , R>-.'i<.~ .c',"" ~'K" ~u.~l..~ " 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 . filed f. R~eco /7 wfJ ~,.,1Vt. ~ Request of . o-;r ~ . ~.... .,. .. ~OBER A. ~IUS, County Audl.... ,C SI gned) t. . ~ ~ ~ 1 .p.~:o 1'...J!. q!.~ ~ 1ft 6 ~ o in j : I , . u. r - .. .\....... ..... ... .. .. .. .._..-~'." "- " /' [ E ~ z: ~ . L ~ >' p /.>J: ., "5-r: N. E.. 6'T r ~ ....- z. (Q~ . rT1 6} ~ . "{. (t1 ...'-.;).'\.: '1lr.~"" ~ -po ... 1<.... ~T.~. E. APPLICATION NO: 58-67 ACT TUN : ORD NO.: ~:J ;>'i' SC:\1.E: j' XA"F (II' (,\\'1\ EH: I\: lont z. I\:n i("\,;~rhock~r. lIanFlcn IHc'..WEST:. R - 2. t; 0 H - 4. C - 1 f- ~~.::.J .c. k Jf]~ .::1: .1If.l\R INr.S: .;(,,: ~L)~. The 4 cornerFl 1 -":':1 ~~,. I ':.(" of Rth t. lIar'vey Rd. NE. "'A ,,.'~\ ", ..." it' "-. -- .~. .,.....:-",Ji;,. o1I'i. -~ "'4~q' ~:,'W'? .' ~..~ -. < ~ ...