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HomeMy WebLinkAbout3517, + a_ ~ S .. ~- .-t "~1 .~ ~~ n J _~ , _, ORDINANCE N0. 3 5 1 7 AN ORDINANCE Of THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF A PARCEL OF LAND 2.05 ACRES IN SIZE LOCATED AT THE SOUTHEAST CORNER OF 52ND AND "G" STREET N.E. (.ALSO KNOWN AS S. 277TH ST.) WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM UNCLASSIFIED TO C-4. WHEREAS, a petition has been submitted to the Council of the City of Auburn, Washington, by ROBISON COPlSTRUCTION COMPANY, INC., requesting the ' rezoning of the real property hereinafter described in Section 1 of this Ordinance, which petition was dated March 24, 1980; and WHEREAS, said request above referred to, was referred to the Planning Commission 6y the Auburn City Council for study and public hearing thereon; and WHEREAS, the Planning Commission held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on May 6, 1980, at 7:30 P.M., at the conclusion of which. the Planning Commission recommended the approval of the rezoning of the said property; and WHEREAS, the City Council of the City of Auburn, held a public hearing in the Council Chambers of the Auburn City Hall, at 8:00 P.M. on June 2, 1980, at which time the City Council concurred with the recommendations of the Planning '"" Commission as hereinabove stated; NOW, THEREFORE, THE CITY COUNCIL Of THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following described property located on a parcel of land 2.05 acres in size located at the southeast corner of 52nd and "G" Street N.E. (also known as South 277th Street), situate in the City of Auburn, County of King, State of Washington, 6e and the same is hereby rezoned from Unclassified ` to C-4 (ldholesale Commercial), to-wit: i The N 425.18 ft of W 210 ft of Tract 41 White River Valley Tracts Unrecorded No. 2 situated in Sec 31, Twp 22 N, R 5 EWM, City of Auburn, County of King, State of W;4. ---------------------- Ordinance No. 3517 Page One 6-6-80 try ~ .. .. .. CV S f7 ~U a Section 2. That the amendment to the Comprehensive Zoning Map of the City of Auburn, Washington, encompassing this zoning use classification change, which. amendment is designated as Exhibit "A" hereof, be and the same is hereby approved. Section 3. That the City Clerk of the City of Auburn, Washington, is hereby authorized and directed to file a certified copy of this Ordinance. with. the King County Auditor. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: JUNE 16, 1980 PASSED: JULY 7, 1980 APPROVED: JULY 7, 1980 M YOR ATTEST: G ~v~ City erk • 1 ---------------------- Ordinance No. 3517 Page Two and Last 6-6-80 r PUBLISHED: JULY 11, 1980 ~: s' ~ , AGREEMENT THIS AGREEMENT, made and executed this 8th day of duly, 1980, by and between the CITY OF AUBURN, a municipal corporation, hereinafter called "CITY" and BERT ROBISON CONSTRUCTION COMPANY, INC., a Washington corporation, hereinafter called "OWNER", WITNESSETH: That WHEREAS, it is proposed to request the Mayor and City Council of City to rezone from Unclassified to C-4 the real property hereinafter legally described N O in Section 1 of this Agreement; and O ~ WHEREAS, it is believed that the rezoning of said area as above described O ~ will be in the public interest, welfare and convenience of the. City of Auburn, provided that the covenants and agreements as hereinafter specified are complied with; NOW, THEREFORE, THIS AGREEMEPIT ~AITNESSETH THAT FOR AND IN CONSIDERATION OF THE MAYOR AND CITY COUNCIL OF THE CITY PASSING AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF SAID PROPERTY HEREINAFTER DESCRIBED FROM UNCLASSIFIED TO C-4, AND THE MUTUAL BEPJEFITS TO EACH OF THE PARTIES HERETO, THE PARTIES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS DO HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. City agrees to rezone from Unclassified to C-4, at the request of Owner, the following legally described property, to-wit: The N 425.18 ft of W 210 ft of Tract 41 White River Valley Home Tracts Unrecorded No. 2 situated in Sec 31, Twp 22 N, R 5 EW~4, City of Auburn, County of King, State of Washington. Section 2. Owner agrees that the above described property shall be limited to contractors storage yard. Section 3. Owner agrees that no permanent structures could be constructed without City Council approval. Section 4. The above described property will revert back to its original zoning if no longer used for storage yard purposes. Section 5. The above mentioned zoning will be void upon transfer of ownership. ~ Agreement . Page One ~~ 6-9-80 r" ~ •y. .' r Section 6., After five (.5) years the above mentioned zoning will be subject to review by the City Planning Commission. Section 7. Owner agrees to construct a 6-foot high screen fence around the site with proper set backs to provide site distance. Section 8. Owner agrees to install public improvements as required by the Public Works Department and the Fire Department. Section 9. It is further understood and agreed that the provisions of this cV Agreement shall be binding upon and enforceable against Owner, his successors, or p assigns of the property herein described. O ~ Section 10. Owner, his successors and assigns further agree to comply r+ O with all applicable rules, regulations, ordinances and laws of the City relative to development of the above described property. Section 11. It is further agreed by Owner, his successors and assigns, that should it be necessary for City to enforce any of the hereinabove designated provisions as outlined in Sections 2 through 8, the Owner, his successors and assigns hereby covenant and agree to pay City all reasonable attorney fees and costs, as well as any other costs incurred by the City to enforce said conditions of this Agreement. Section 12. That an executed copy of this Agreement shall be recorded among. the land records of the King. County Auditor. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents as executed the day and year aforesaid. CITY OF AUBURN ~ l M A Y O R ATTEST: ~. C Cit Clerk ----------------- Agreement Page Two 6-9-80 OWNER: F~ ROBISOP! CONSTRUCTION CO., INC. t BY: ~>~r<r «~ ~ /\ 4.~- ~.'r~: STATE OF WASHINGTON) )ss COUNTY OF KING ) On this 8th. day of duly 1980, before me, the undersigned, a Notary'Public in and for the State of tashington, duly .commissioned and sworn, ~y personally appeared STANLEY P. KERSEY and CORALEE A. McCONNEHEY, to me known to O O be the Mayor and City Clerk, respectively, of the City of Auburn, a municipal ~ corporation, and the corporation that executed the foregoing instrument, and O m a p acknowledged that the said instrument to be the free and voluntary act and deed ,~of said corporation, for the uses and purposes the rein mentioned, and on oath stated that they are authorized and directed to execute the said instrument .. ar'id`t#Y t~;tfje'~seal affixed is the corporate seal of said corporation. `•Qta tl~f~tij`IiT~€'S~~Hy hand and official seal hereto affixed the day and year first :... ; p ~ R : ~ _ ~ s : [s ~'•,~boue; 4~J:~'i Ctelr~= p~. ;,1~5f~``t1 1~~,~c~~~6,x O , •,,,,,,,.,• ~ No ary Public in and far the State of Washington, residing at ~j~u~,-wc -~ STATE OF WASHINGTON) )ss COUNTY OF KING ) On this 9day of 1980, before me, the undersigned, a Notary Public in and for the tote of Washington, duly commissioned and sworn, personally appeared MARK W. ROBISON, to me known to be the President of BERT ROBISON CONSTRUCTION, INC., a Washington corporation, and the corporation that executed the foregoing instrument, and acknowledged that 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 stated that he is authorized and directed 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. P . Agreement Page Three & Last 6-9-80 :.a s ., r ' r ( ' wo~ary ruonc in aAa ror e, sage or-~; Washington, residing dt``?' ~ "°~~', - '~, a ~',~~ ^ . a~ . ~~ .`~ C~` / r ~ •,~i • ~, ~ • r....,,,~~` _ ~z ~.y.VICINITY MAP KING Co'uN7Y~_- ST. w z 18 ~ ---45-- Z U.N.C.L ~TO C-y Cu P. Cu P• 43 ~,~ ~ o~ N D ~~ OR D~ U ~I . ~° o~ ~~~~ uric t. j ----38-= a 37 0~ D ~ Q}~ D o~~~ ~~ 9~ ti - ~ ___. ~~- APPLICATION NO.: APPLICANT: LOCATION: REQUEST: 8-80 Robison Construction Co., Inc. Southeast corner of 52nd & "G" St. N.E. Unclassified to C-4 UfJCL ~~~ _40_ uwc ~ uNcL UuC ~ 39 AREA CODE: 39 DATE RECD: 3-24-80 STATE OF WASHINGTON) ss COUNTY OF KING ) I, Coralee A. McConnehey, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the fore- going is a full, true and correct copy of Ordinance No. 3517 of the ordinances of the City of Auburn, entitled "AN ORDINANCE of the City of Auburn, Washington, providing for the rezoning of a parcel of land 2.05 acres in size located at the Southeast corner of 52nd and G St. N.E. (a/k/a S 277th) within the City of Auburn, Washington, chafing the zoning classification therof from unclassified to C-4,' I certify that said Ordinance No. 3517 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 16th day of June A, D., 19 80 , - I further certify that said Ordinance No. 3517 was published as provided by law in the Daily Globe News, a daily newspaper published in the ity of Auburn, and f general circulation therein, on the~_~day of A. D., 19 ~D , WIT ESS rqy hand dhd the official seal of the City of Auburn, this a a day of A. D., 19~. -- G CITY CLERK OF THE CITY OF AUBURN ' - -- ~ '.