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Home My WebLink About3192 . . • • . • ~ ORDINANCE N0. 3 1 9 2 AiV ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF A PARCEL OF LAND FIVE ACRES IN SIZE LOCATED EAST OF "A" STREET S.E. BETWEEN THE STUCK RIVER AND ORAVETZ ROAD 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 N C-0 Auburn, Washington, by MOORE CLEAR COMPANY, requesting the rezoning of the real property hereinafter described in Section 1 of this Ordinance, which petition was dated June 23, 1977; and WHEREAS, said request referred to, was referred to the Planning Commission by the Auburn City Council for study and public hearing thereon; and WHEREAS, the Planning Commission held a public hearing to consider said petition at the Les Gove Park Building, in the City of Auburn, Washington, on July 6, 1977, at 7:30 P.M., at the conclusion of which the 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 temporary Council Chambers at the Auburn School District Administration Building, at 8:00 P.M. on August 1, 1977, 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 five acres in size located east of "A" Street S.E. between the Stuck River and Oravetz Road, situate within the City of Auburn, County of King, State of Washington, be and the same is hereby rezoned from Unclassified to C-4 (Wholesale Commercial), to-wit: The W 500 ft of Tract 14, the Parker Homestead, according to plat recorded in Vol 8 of Plats, pg 51, in K.C., Wa., EXCEPT that por lyg N of the S bank of Stuck River; and EXCEPT that portion conveyed to K.C. for So. 376th St. by deed rec under file #4926236 lyg within Sec 31, Twp 21 IV, R 5 EWM, City of Auburn, Co. of King, State of Wash. Ordinance No. 3192 ...Page One 8-3-77 . ~ • • . • . ~ Section 2. That the amendment to the Comprehensive Zoning Map of the City of Auburn, encompassing this zoning use classification change, which : amendment is designated as Exhibit "A" hereof, be and the same is hereby , approved. Section 3. That MOORE CLEAR COMPANY will enter into an agreement with ~ the City of Auburn, setting forth the provisions recommended by the Planning Commission, which agreement is attached hereto and designated as Exhibit "B" ~1 . ~ hereof. r" Section 4. That the City Clerk of the City of Auburn, is hereby authorized and directed to file a certified copy of this Ordinance with the King County Auditor`s Office. Section 5. That 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: AUGUST 15, 1977 PASSED: AUGUST 15, 1977 APPROVED: AUGUST 15, 1977 .l M YOR AT7EST: oL Cit Clerk APPROVED AS TO FORM: Q,-,(i L, I a- - City ttorney PUBLISHED: AUGUST 19, 1977 Ordinance No. 3192 Page Two and Last 8-3-77 . . • . . . ~ 1 / 'd- . , y ' . ~ . . . . . , . . , . . . . . . . , fCb ~ . ~ . . , . ' . . . ~ . • - ~ . . ~ . . . . ~ . . V I C I N I T Y M A P . , ~ ~ . y . ~ . . . . ' . . . ~ ~ , . 6., F,'sM 1 * Y 7. I 'A . 1 ~ . ~ • ~ / • . ~ ~ r~ t / L`~` . '•r.f 'i t ~ 'y 2. ~ q~ ~ . . . - ~ • . ~ 7ti. ' . ! a~', • ' ~ / . ~ ~ . ~ / ~ . p 3 C-:5 1~17-6 C=5~~~~ k ~ ' . ' . ' / - ~ . . . .1~ . . . ~ / . . , . / . . . ~~,i. y ~ ~ ` ~ . . . . . . ' _ ~ . • . ;k.~ 15 . , Q y , 5 . ~ - . , 13 6!5 19 ~ a. ~ ~.7. . . . . ~ ' + . ~ . . . ~ ~ ~ . . ~ . ' 17 S , 16 , ' . ~ 3 . ~ . ~ ~ ' . . . . A JI ~ I ; ' . , , . ' . . , ; ' . . . ~ ~ . APPLiCxT701d NO.: 23-77 AREA CODE: 32 ' APPLICANT: Moore clear comPany DATE .RECD: 6-23-77 't< ~ LOCATION' East sd °A" S.E. btwn Stuck River & Oravetz Rd. ~ REQUEST' Unclassified' to C-4 ~ 1~^2~2 . . ' 'C_, . ~ ~.n * . A G R E E M E N T o~ THIS AGREEMENT,..made and executed this ,,3074 day of f T~~ j41977, by and between the CITY OF AUBURIV, a municipal corporation,.hereinafter ca3led "CITY" and Haoke LLear eo, , hereinafter ~ _ CD called "OWNER", J --i WI TNESSETH: That . s~ ~ WFIEREAS, it is proposed to request the Mayor and City Council of City to ~ ro rezone from UNC. to C-4 the r"ea1 property hereinafter legally described in Section ~ ~ 1 of this Agreement and located East of "A" Street S.E. and North of Oravetz Road; 0 AKA 117 Oravetz Road; and, WHEREAS, it is believed that the rezoning of said area, as above described, ~ will be in the public interest, welfare and convenience of the City, provided that the covenants and agreements, as hereina fter specified,: are corriplied ..wi th; NOW, THEREFORE,,'THIS AGREEMENT WITNESSETH THAT FOR AND IN CONSIDERATION OF THE MAYOR AND CITY COUNCIL OF CITY PASSING AN ORDINANCE CHANGING THE ZONING CLASSIFICA- C' I TION OF SAID PROPERTY HEREINAFTER DESCRIBED FROM UNC. TO C-4, AND OF THE MUTUAL BENEFITS OF EACH OF THE PARTIES HERETD, THE PARTIES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS DO HEREBY COVENANT AND AGREE AS FOLLOWS: Seetion 1. City agrees to rezone from UNC. to C-4, at the request of Owner, the. followinq 1egally described property Zocated East of "A" Street S.E. and North of Oravetz Road, to-wit: The W 500 ft of Tract 14, the Parker Hoznestead, accordin g to plat recorded in Vo1 8 of P3ats, pg 51, in K.C., Wa.; EXCEPT that por lyg N of the S bank of Stuck River; and EXCEPT that portion conveyed to K.C. for So. 376th St. by deed rec under'fiZe #4926236 lyg within Sec 31, Twp 21 N, R 5 EWM, City . of Auburn, Co. of King, State of Washington. Section.2. That the owner agrees to participate in a Loca1 Improvement or. other means to extend ci ty water mains and fire hydrants to the si te. Section 3. That the owners agree that when water mains are available to the site, that a fire hydrant be ins:talled within 150 feet of the buildings. • Section 4. That occupancy be restricted to those uses aZlowed under the F-2 : Occupancy as outlined under the Uniform BuiZding Code. This restriction shaZl be in force untiZ a fire hydrant which will provide proper fire flow is installed within , I50 feet of the bui.Zdings. Section 5. It is further understood and aqreed that the provisions of this Aqieement sha11 be binding upori and enforceable against, Owner, his successor, assign and a1l.subsequent Owners, their respective heirs, successors or assiqns.of the;_ . . . . r;~.~ property herein described. ~ Page One ~ .j . Section 6. Owner, his successors and assigns further agrees to comply with a11 appZicabZe rules, requlations, ordinances and laws of the City relative to deve3opment of the above described property. Section 7. It is further agreed by Owner, his successors and assigns, and a11 other subsequent owners; their respective heirs, successors or assigns that sliouZd it be necessary for City to enforce any of the.hereinabove designated N ~ provisions.and special conditions., as outlined in Sections 2 through 8, the Owner, ~ O O hi's successors and assigns herehy covenant and agree to pay City a11 reasonable attorney fees and costs, as we33 as any other costs incurred by the City to enforce N ~ the said special conditions of this Agreement. Section 8. That an executed copy of this Agreement sha11 be recorded among the . land records of the'King County Auditor. IN WITNESS WHEREOF, the parties of this Agreement have caused these presents as executed the day,and year aforesaid. CITY OF AUBURN BY M_ YOR - ATTEST: ' CITY CLERK OWNER : STATE OF WASHINGTON) ) ss. COUNTY;OF KING ) On this ,~OG~1 day of ; 1977, before me, the undersigned, a Notary Publie in and for the Stat(b of Washington, duly commissioned and sworn, personal3y appeared STANLEY P. KERSEY:and TERRY MOLLER, to me known to be the Mayor and City C1erk respectively of the City of Auburn; a municipal corporation, and the corpora- . tion that executed the foregoing instrument, and acknowledged that the said instru- ment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and ori oath stated that they are authorized and directed to execute the said insfrumerit and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seaZ hereto affixed the day and year first above wri tten . : NJTAR PUBLIC, in and`for.the State of ' L - Washington, residing at . _ . . . c:, . . v ' - - • :2.'" , . i~ - , ' ~ • t • . _ . . ',i Page Two . ' , • ' r OFe9oH STATE OF ) 0.6rA;.~jTosJ ss. COUNTY OF 4ffhJiG ) On this J07Aday of Sp~pT,~~, 1977, before me, the. undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally Pey o;, appeared xQ,,,, e f~ T~u , to me known to be the individual(s) described in and who executed the within and fore- ~ going instrument, and acknowledged that he signed the same as his free and voluntary ~ act and deed for the uses and purposes therein mentioned. ~ WITNESS my hand and official sea.Z affixed hereto the day and year first above - written. NOTARY PUB C, in and for the State of Waski-mg-ton, residing at , ; ~ , fV;r+ '~,r-• • . ; f^•.~~`~ ; ~a~. . • ^ P Page Three ~ , . . . ~ STATE OF WASHINGTON) ) s s . COUKTY OF KING ) I, Terry L. Mo11er; the dily appointed, qualified City C1erk of the City of Auburn, A Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that tlie foregoing is a full, true and correct copy of Ordinance No. 3192 of the ordinances of the City of Aul2urn, entitZcd "AN ORDINANCE OF THE CITY OF AUBURN, WASHIN6TOW, PROVIDIN6 FOR,THE REZONING OF A PARCEL OF LAND FIV6 ACRES IN SIZE LOCATED EAST OF."A" STREET S.E. BETWEEW THE STUCK RIVER AND ORAVETZ ROAD WITHIN THE CITY OF AUBURN,,WASHINGTOAl, CHAN61N6 THE Z0NIN6 CLASSIFICATION THEREOF FROM UNCCASSIFIED TO C-4. I further certify tliat said Ordinance. No. 3192 was duly passed by the Council and approved by the Mayor of the said City of Auburn and pvblished as provided.by.Iaw in the Auburn Globe News, a weekly newspaper published in the City of Auburn, arid of general circulation therein, on the 19th day of August , A.D., 19 77 . l~ CITY CLER F THG CITY A(1I3URN