Ord 91-099�
ORDINANCE NO. 91-99
�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, REZONING AN
APPROXIMATE 14 ACRE SITE LOCATED AT THE
NORTHWEST CORNER OF SOUTHWEST 348TH STREET AND
1ST AVENUE SOUTH WITHIN THE CITY OF FEDERAL
WAY FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO
COMMUNITY BUSINESS (BC) WITH CONDITIONS, (RZ -
90-0001).
WHEREAS, the City has applied for a non-project rezone of
the property located at the northwest corner of Southwest 348th
Street and lst Avenue South within the city limits of Federal Way,
and legally described in Exhibit A attached hereto; and
WHEREAS, prior to incorporation of the City of Federal
Way, the site had been zoned by King County as Commercial (B-C-P
District); and
WHEREAS, the Single-Family Residential Zone (RS 9.6) was
placed on the site in September of 1989 as an interim zone
throughout the entire Federal Way community pending incorporation
of the City of Federal Way; and
WHEREAS, RS 9.6 Zone imposed by the King County Council
was continued for this site by the Federal Way City Council
following adoption of the City's Zoning Map and incorporation of
the City on February 27, 1990; and
WHEREAS, a lawsuit was commenced in King County Superior
Court, Cause �90-2-05209-5, captioned Western Securities (WA) et al
v. City of Federal Way, which action includes claims,
counterclaims, cross-claims and controversies arising out of the
zoning action taken by the City on the property described in
4RIGINAL
Exhibit A, the subject of this non-project rezone; and
WHEREAS,
on July 24,
1990,
the City of Federal Way,
Quadrant Corporation and Western Securities, Ltd., entered into a
Settlement Agreement and Concomitant Zoning Agreement for this site
which is intended to settle all claims, counterclaims, cross-claims
and controversies asserted in Cause #90-2-05209-5; and
WHEREAS, pursuant to the Settlement Agreement, the City
agreed to
initiate the non-project rezone process
based upon
adopted environmental and procedural requirements of the City; and
WHEREAS,
this non-project rezone application has been
processed according to that procedure set out in the Settlement
Agreement and Concomitant Zoning Agreement and the City Land Use
Code; and
WHEREAS, a public hearing on the non-project rezone was
held before the Federal Way City Council on February 19, 1991; and
WHEREAS,
the
public
hearing
was
closed
and
Council
deliberation was continued until May 14, 1991; and
WHEREAS, on May 14, 1991, the City Council recommended
that the non-project rezone be approved with three conditions; and
WHEREAS,
the
Federal
Way
City
Council
adopted
by
reference the Findings of the City of Federal Way Department of
Community Development's staff report dated January 30,1991, and as
set out fully herein; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
-2-
Section 1.
The
City
Council
makes
the
following
Findings of Specific criteria pursuant to Federal Way Zoning Code
130.45 and 155.75.4:
1.
The non-nroiect rezone is in the best interests of
the residents of the citv.
The proposed rezone would permit development of the
site consistent with the current Business Land Use
Classification of the City's Comprehensive Plan.
Pursuant to a Settlement Agreement entered into
between
the
City
of
Federal
Way,
Quadrant
Corporation,
and
Western
Securities,
Ltd. ,
the
owners
have
agreed
to
upgrade
existing
surface
water deficiencies in the vicinity of the site, and
to
contribute
to
the
development
of
public
parklands
for
Panther
Lake
Park
and
Recreation
area.
This
rezone
allows
the
site
to
be
subject
to
specific conditions and limitations set forth in
the Concomitant Zoning Agreement attached as an
Exhibit to the Settlement Agreement, and attached
to this ordinance as Exhibit B.
The Concomitant
Zoning
Agreement
limi ts
allowable
uses
on
the
property
to
those
uses
permitted
in
the
BN
-3-
(Neighborhood Business)
District and establishes
specific
development
standards
and
concomitants
for:
maximum building size;
facade modulation;
location
of
parking;
buffers;
space;
park
open
development fees; and surface water improvements.
2.
The proposed rezone
is
appropriate
because
the
rezone will correct its own classification or its
own
boundary
when
that
inappropriate
was
established.
The present RS 9.6 Zone was originally placed
on the site in September, 1989, by the King
County Council, as an interim zone throughout
the
entire
Federal
community
Way
pending
incorporation
of
City
the
of
Federal
Way.
Prior to that time, the site had been zoned by
King County as Commercial (B-C-P) District.
The RS 9. 6 Zone imposed by the King County
Council was continued by the Federal Way City
Council
following
adoption
of
the
City's
Zoning Map and incorporation of the City on
February 27, 1990.
On July 24, 1990, the City
of
Federal
Way,
Quadrant
Corporation,
and
Western
Securities,
Ltd. ,
entered
into
a
-4-
Settlement Agreement and Concomitant Zoning
Agreement for this
site.
Pursuant to the
Settlement Agreement, the City agreed to
initiate the rezone process based upon
adopted environmental and procedural
requirements of the city.
3.
The
non-proiect
is
consistent
with
rezone
the
Comprehensive Plan.
The site is currently designated as a Business Land
Use
Classification
Plan.
by
the
Comprehensive
Business
Classification
is
intended
to
provide
centralized
for
retail,
service,
areas
and
professional office uses that are convenient to
residential areas and the transportation network.
These areas are the focus for community activities
and the public facilities within neighborhoods and
within the community as a whole (page 21, Federal
Way
Comprehensive
Plan
(FWCP)).
Both
the
BC
(Community Business) and BN (Neighborhood Business)
Districts
allowable
zoning
classifications
are
under the Business Land Use Classifications (page
23, FWCP).
-5-
5.
4.
The
non-proiect
is
consistent
rezone
with
all
applicable provisions of the Zoninq Code. includinq
those adopted bv reference from the Comprehensive
Plan.
Future development of the site will be required to
comply with provisions of the Zoning Code and other
codes adopted by reference from the Comprehensive
Plan.
In addition, any future development of the
site will be subject to terms of the Settlement
Agreement and Concomitant Zoning Agreement between
the City of Federal Way, Quadrant Corporation, and
Western Securities, Ltd.
The
non-proiect
is
consistent
with
rezone
the
public health. safety and welfare.
The proposed rezone is consistent with the city of
Federal
Way
Comprehensive
Plan,
terms
of
the
Settlement
Agreement
and
Concomitant
Zoning
Agreement and establishes procedures,
conditions
and commitments for the city and the owners for the
proposed
in
the
rezone
event
the
property
is
rezoned and developed.
In part, this Agreement was
established
for
the
protection
of
the
public
health, safety and welfare.
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Section 2.
The City council of the city of Federal
Way further makes the following Findings of Fact:
1.
The
site
is
designated
as
a
Business
Land Use
Classification
by
the
City
of
Federal
Way
Comprehensive Plan.
2.
The
non-project rezone
action was
processed
in
accordance with the Settlement Agreement between
the City of Federal Way, Quadrant Corporation and
Western
Securities,
Ltd.
This
Agreement
established procedures, conditions and commitments
on the City and the owners for this proposed rezone
and ultimate development.
3.
Approval of the rezone commits future development
of this site to be subject to specific conditions
and limitations set forth in the Concomitant Zoning
Agreement prepared as an Exhibit to the Settlement
Agreement, incorporated herein as Exhibit B.
The
Concomitant Zoning Agreement limits allowable uses
on the property to those uses permitted in the BN
(Neighborhood Business)
District and establishes
specific development standards and commitments for:
maximum building size; facade modulation; location
of parking; buffers; open space; park development
-7-
8.
fees; and surface water improvements.
4.
The BC Zone,
limited to uses allowed in the BN
District, pursuant to the Settlement Agreement and
concomi tant Zoning Agreement,
is consistent with
locational criteria of the Business Classification
of the Comprehensive Plan.
5.
Access, utility and surface water facilities are
available to the site.
with on-site and off-site
improvements,
this
infrastructure
is
capable of
serving future commercial developments on the site.
6.
Future
require
site
development
of
the
will
specific project action and environmental review
prior to the issuance of construction permits.
7.
implementing the
land Use
The
Business
rezone,
Classification
of
the
Comprehensive
Plan
and
provisions
of
the
Settlement
Agreement,
is
consistent
with
public
the
health,
safety
and
welfare.
The rezone is consistent with decisional criteria
required under sections 130.45 and 155.75.4 of the
Federal Way Zoning Code and as found in section 1
-8-
above.
section 3.
The property legally described in Exhibit
A attached hereto located at the northwest corner of Southwest
348th street and 1st Avenue South within the City of Federal Way is
rezoned
from
Single-Family
Residential
(RS
9.6)
to
Community
Business
Zone
(BC) ,
conditioned
upon
any
future
development
providing:
1.
On-site
mitigations
sufficient
to
mitigate
all
impacts of the development, and
2.
Off-site
drainage
mitigation
measures
at
the
maximum level anticipated within the terms of the
Concomitant Agreement, and
3.
All
other
development
conditions,
and/or
obligations,
and/or
terms
as
contained
in
the
Concomitant Agreement between Western Securities,
Ltd., Quadrant Corporation, and the city of Federal
Way dated July 24, 1990, attached hereto as Exhibit
B.
section 4.
Severability.
If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
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invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
section 5.
Effective Date.
This
ordinance
shall
be
effective
five
(5)
days
after passage
and publication
of
an
approved summary consisting of the title hereto.
PASSED by the City council of the City of Federal Way
this
4th
day of
June
, 1991.
CITY OF FEDERAL WAY
n oL1<f ' ~
MAYOR, DEBRA ERTE
ATTEST:
I
I
, CMC
~
I ny, ,- --:~~
FILED WITH THE CITY CLERK: May 30, 1991
PASSED BY THE CITY COUNCIL: June 4, 1991
PUBLISHED: June 7, 1991
EFFECTIVE DATE: June 12, 1991
ORDINANCE NO. 91-99
9lL590
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07/24/1990 15:00 FROM FOSTER PEFf'ER&SHEFEU1AN
TO
6237789 P. 02/03
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THE LAND REFERRED TO IS SITUATED IN THE
STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 21
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE
PARTICULARLY DESCR1:8ED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER OF SAID SECTION 19;
THENCE NORTH 87'58'05" WEST 1166.05 FEET TO A POINT ON THE
NORTHERLY MARGIN OF THE LANDS DESêRIBED IN DEED RECORDED
UNDER RECORDING NUMBER 8501170665, RECORDS OF SAID COUNTY,
AND THE TRUE POINT OF BEGINNING;
THENCE SOUTH 81'45'00" EAST 1052.64 FEET TO THE BEGINNING OF
A CURv:E CONCAVE TO THE NORTID¡'EST HAVING A RADIUS OF 30.00
FEET;
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY 44.67 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85.18 f 25" TO A
POINT OF CUSP WITH THE WESTERLY MARGIN OF FIRST WAY SOUTH
(FIRST AVENUE SOUTH) AS DESCRIBED IN DEED RECORDED UNDER
RECORDING NO. 7306070524, RECORDS OF SAID COUNTY, SAID POINT
OF CUSP BEING THE BEGINNING OF A NON-TANGENT Cú~VE CONCAVE
TO THE EAST HAVING A RADIUS OF 850.00 FEET (A RADIAL LINE
THROUGH SAID BEGINNING BEARS NORTH 77'03'25" WEST);
THENCE SOUTHERLY 110.67 FEET ALONG SAID CURVE AND SAID
WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF 07.27'35" TO A
RADJ:AL LINE OF SAID CURVE WHICH BEARS NORTH 84'31'00" WEST;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN ALONG SAID
RADIAL LINE SOUTH 84'31'00" EAST 8.00 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS
OF 842.00 FEET; .:
THENCE SOUTHERLY AND SOUTHEASTERLY 227.54 FEET ALONG SAID
CURVE AND SAID WESTERLY MARGIN THROUGH A CENTRAL ANGLE OF
15.29'00";
THENCE CONTINUING SOUTH 10' 00 f 00" EAST 115.00 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
958.00 FEET;
THENCE SOUTHERLY 186.42 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 11.08'58";
THENCE CONTINUING SOUTH 01'08'58" WEST 528.03 FEET TO SAID
NORTHERLY MARGIN AND THE BEGINNING OF A CURVE CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 39.26 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89.58'37";
EXHIBIT it...
07/24/1990 15: 01 FROM FOSTER PEPf'ER&SHEFELMHN
TO
6237789 P. 03/1113
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THENCE CONTINUING ALONG SAID NORTHERLY MARGIN NORTH
88.52'25" WEST 83.03 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADrus OF 358.00 FEET;
THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY 513.92 FEET
ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL
ANGLE OF 82'15'00"; .
THENCE NORTH 6'37'25" WEST 386.46 FEET. TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 702.00
FEET:
THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 920.47 FEET
ALONG SAID CURVE AND SAID NORTHERLY MARGIN THROUGH A CENTRAL
ANGLE OF 75'07'35" TO THE TRUE POINT OF BEGINNING;
BEING KNOWN AS THAT PORTION OF LOTS 3, 4 AND 5, BLOCK 5,
LAKEWOOD, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
16 OF PLATS, PAGE 35, RECORDS OF KING COUNTY, WASHINGTON,
LYING NORTHEASTERLY OF THE NORTHWESTERLY MARGIN OF S.W.
CAMPUS DRIVE:
AND THAT PORTION OF BLOCKS 6, 12, 18 AND 24 OF SAID PLAT OF
LAKEWOOD AND STREETS BETWEEN SAID BLOCK VACATED BY KING
COUNTy ORDINANCE NO. 3465, RECORDED UNDER RECORDING NO.
7711070558 AND AS VACATED BY KING COUNTY ORDINANCE NO. 7692"
APPROVED JULY 18, 1986, LYING NORTHERLY, NORTHEASTERLY AND
EASTERLY OF THE WEST MARGIN OF SOUTHWEST CAMPUS DRIVE, AND
WESTERLY OF THE WEST MARGIN OF 1ST AVENUE S.W.
~,
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
TOTAL P. 03
RECEIVED /l&- 9/- r; y:
~ Oft 'If 4I'In4 Re: King County Superior Court
~ ~ , APR 2 6 ~I Cause 90-2-05209-5
~~~:~fi¡,e~~r.'!.Æ:;:!Jî'1f:1;;com~T 'ON,"G AGmME"":,',~.'.:!':~,';.,:.-,~.,ic,~," .~; ;~~:, ,,"'..'.,O.E,'::-:':'+
CITY~ t£~---- < ï~ ~.:~:::;;:. 1," ",.2LOO
THIS AGREEMENT is entered into by and between Quadrant
~,
Corporation, a Washington corporation (the "owner"), and the City
of Federal Way, Washington, a non-charter optional municipal code
city incorporated under the laws of the state of Washington (the
"City") .
WHEREAS, the City has authority to enact laws and enter into
agreements to promote the public health,
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safety and welfare of
its citizens, including laws and agreements which control the use
and development of the property within its jurisdiction, and
WHEREAS,
the
Owner
has
an
interest
in
certain
property
within the jurisdiction of the city described in Exhibit A,
a
copy of which is attached hereto and hereby incorporated in full
by this reference, and
WHEREAS,
the City and the Owner have agreed that the City
shall initiate a rezone for a change of classification of the
property
to
BC
(Community
Business)
subject
to
the
specific
':limitations set forth in this Agreement, and
WHEREAS, the Owner recognizes and acknowledges the need for
conformance
with
the
Comprehensive
Plan
and
other
applicable
C)
t.J
,"rlans~and
regulations
of
the
City
relating
to
the
use
and
c.:
-aeveTopment of the property, and
WHEREAS,
the
Owner
has
indicated
its
willingness
to
cooperate
with
the
City
and
its
Department
of
Community
Development to ensure compliance with all City ordinances and all
other
local,
state
and
federal
laws
related
to
the
use
and
development of the property,
JDWO0924AjO072.050.003
EXHIBIT .il.:
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NOW, THEREFORE,
in the event the property is classified by
the City in accordance with the zoning classification contained
in the Federal Way zoning Code of BC (community Business) with
limitations as set forth in this Agreement and in consideration
if such classification should be placed upon the property, the
Owner does hereby covenant and agree as follows:
1.
The
behalf
of
itself,
its
in
Owner
on
successors
interest and assigns, hereby covenants to comply with all of the
terms and conditions of this Agreement in the event the City
grants a rezoning classification to the property of BC (community
Business)
wi th limitations as set forth in this Agreement.
If
such
classification
is
not granted by the City,
then this
a
Agreement shall be of no force and effect.
2.
The Owner hereby agrees to be bound and to comply with
the following conditions:
A.
All
development
of
property,
except
with
the
respect to the use and area of use provisions as set forth in
section 2B below, and the rear facade modulation provisions set
forth in section 2C below, shall in all respects comply with the
provisions
limitations
Federal
Zoning
Code,
and
of
the
Way
Chapter 45, Community Business District Regulations, as the same
now
exists
hereafter
be
amended,
and
specifically
or
may
including
provisions
limitations
relating
height,
to
all
and
setback, lot coverage and other developmental regulations except
to the extent as provided in section 2B and 2C below.
B.
Allowable uses on the property shall be limited to
those set
forth in Chapter 40,
Neighborhood Business District
JDWO0924AjO072.050.003
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Regulations,
of the Federal Way zoning Code,
as the same now
exists
including
provisions
hereafter
be
amended,
or
may
regulating maximum square footage limitations on such uses, with
the exceptions that
(i)
permi tted to
shall
be
develop
on the
Owner
property one grocery store of a size not to exceed 45,000 square
feet gross leasable area, and
(ii)
Owner shall be permitted to develop on the
property one drug store of a size not to exceed 22,000 square
feet of gross leasable area, and
(iii)
vehicle
service
station
use
shall
be
no
permitted on the property.
C.
Facade modulation requirements for the rear facade
of any proposed commercial development upon the property shall be
governed by the facade modulation requirements of Chapter 55,
Professional
Office
District
Regulations,
Way
Federal
of
the
Zoning Code, as the same now exists or may hereafter be amended,
as set forth on page 55-2, note 4 (Office uses).
D.
sections
the
Federal
Way
of
and
105.50
105.40
Zoning Code, as the same now exists or may hereafter be amended,
calls for parking areas to be located as far as possible from
adjacent low density zoned property.
Because of the topography
of the property and the visibility of the property and those
sites adjacent to it,
the staff may consider site designs that
show parking
on the property to be located generally
in the
western portion of the property,
oriented towards S. W.
Campus
Drive.
JDWO0924AjO072.050.003
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E.
Chapter 90 of the Federal Way Zoning Code, as the
same now exists or may hereafter be amended, may require a 50
foot wide landscaped strip to be provided as a buffer on the
property along the portion of its frontage on S. W. Campus Drive
that is adjacent to low density zoned property.
section 90.25.9
of
Zoning
such
the
Federal
permits
modification
Way
Code
of
requirements in certain circumstances. The exist, i, n5L t, opography
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of the adj oining property may). decrease thè need for buffering.
In the event that the Owner of the adjoining property agrees to a
modification
buffering
requirement
this
the
of
for
property,
staff may consider alteration to buffering requirements for the
property.
F.
Owner agrees to grant to the City a recreational
easement,
in form and content as shall be approved by the city
Attorney,
over a portion of the property (the "Easement).
The
Easement shall include an area of approximately two acres, the
boundaries of which shall be determined mutually by Owner and the
City, located generally in the northwest portion of the property
in the area indicated on the map attached as Exhibit B.
The
Easement shall be developed and maintained by the City at the
City's sole cost, subject to the conditions that
(i)
The City's development plan for the Easement
shall be in accordance with the Master Plan for the Panther Lake
Park and Recreation Area which plan is being developed by the
City.
(ii) While no parking spaces shall be required for
the use of the Easement, the Owner shall make no fewer than 20
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parking stalls available for joint use by users of the Easement
and of Owner's property.
(iii) The Easement area shall be regarded as open
space
and/or
the
buffer
pervious
and/ or
surface
toward
satisfaction of such requirements for development of the property
under the Federal Way Zoning Code.
Provided,
however,
to the
extent the property is planned to be developed under the Master
Plan for the Panther Lake Park and Recreation Area, only the area
remaining as pervious surface may be counted for such purposes.
Attached
identified
as
Exhibit
is
a
drawing
hereto,
B
illustrative
improvements
of
that
be
placed
upon
the
may
Easement.
Both parties hereto recognize that this Exhibit is for
illustrative purposes and that the improvements may be greater or
less
depicted
depending
upon
what
is
in
Exhibit
than
the
established in the final Master Plan,
adopted by the City,
for
the
and Recreation Area.
property
If the
Panther
Lake Park
undergoes
site
review
being
prior
park
plan
to
the
plan
completed, Exhibit B shall be used to calculate pervious surface
area in the Easement.
(iv) The City shall be responsible for maintenance
of the Easement after construction of the improvements by the
City and the City shall
indemnify,
defend and hold the Owner
harm1~ss from any costs or claims for bodily injury or property
damage arising out of or in connection with the use or enjoyment
of
City
third
party.
This
the
Easement
by
the
or
any
indemnification shall not require the City to indemnify the Owner
from Owner's concurrent and/or sole negligence.
JDWOO924A/O072.050.003
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úD conditions set forth in section 2J below, and in addition to the
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t3 sums required to be paid as set forth in paragraph 2G above, the
en
G.
Upon satisfaction of the conditions set forth in
Section
city
below,
shall
to
the
the
sum
of
2J
Owner
pay
$20,000.00 to be used by the city for the purpose of completing
the preparation of the Master Plan for the Panther Lake Park and
Recreation Area which plan shall benefit Owner's property.
In
the
this
is
not
paid prior to
the completion and
event
sum
adoption
the
Panther
Lake
Park
and
of
the
Master
Plan
for
Recreation Area then the $20,000.00 set forth in this paragraph
shall
be
applied
in
set
forth
added
to
and
to
the purposes
paragraph 2H below.
H.
Upon satisfaction or the waiver by Owner of the
Owner shall pay to the City the sum of $50,000.00 to be used by
the
city
construction
of
recreational
cost
of
for
the
improvements which Owner acknowledges will benefit their property
and which may include the acquisition of capital assets for the
purpose of maintaining said improvements.
The priori ties
for
expenditure
either
this
or
paragraph
under
funds
payable
of
paragraph 2G above, shall be as follows:
(i)
The money shall be first expended to install
the
improvements
in accordance with the
in the Easement area
Master Plan for the Panther Lake Park and Recreation Area.
(ii)
remain
over
and
above
funds
the
event
In
completion of the improvements in the recreation easement area,
then any
remaining
shall be
applied to construction of
funds
improvements in accordance with the Master Plan for the remainder
JDWOO924AjOO72.050.003
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of
the
Panther Lake
Park and Recreation Area
outside of the
Easement.
I.
Upon satisfaction of or waiver by the Owner of the
conditions set forth in section 2J below, Owner shall undertake
to construct,
at Owner's sole expense,
a storm water detention
area on property identified and tepi~lifd on the map attached U ~
hereto and identified as Exhibit jI. 1said storm water detention f
and related drainage improvements must in all
respects comply
with the then existing requirements of the City of Federal Way
for
facilities.
necessary
such
permitting,
Weather
and
all
permits having been obtained, such work shall commence within 90
days of the date of the satisfaction or waiver of the conditions
set forth in section 2J below.
The Owner shall,
at its sole
expense, obtain such permits as are required to perform the work,
including submitting such plans to the City for surface water and
engineering review.
Owner's obligation to conduct such work is
expressly conditioned on Owner's ability to obtain such approvals
as are necessary or incident to the performance of the work.
If
such approvals have not been obtained wi thin two years of the
date of satisfaction or waiver by Owner of the conditions set
forth
in
any
appeal,
section
exclusive
below,
2J
of
administrative
judicial,
City's
of
the
approval
of
the
or
necessary permits,
then,
in that event, Owner shall be excused
from providing this additional storm water detention and related
drainage
improvement
it
is
except
to
the
extent
that
area
necessary
for
improvements
on
Owner's
to
be
constructed
any
property.
Owner shall be responsible for ongoing maintenance of
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the drainage improvements.
In the event Owner fails to properly
maintain
City
have
the
improvements,
drainage
the
shall
the
right, and is hereby granted a license for said purposes, to come
upon the premises after notice and failure of Owner to respond,
and
maintenance.
City
be
shall
perform
necessary
The
the
entitled to recover all of its costs incurred in connection with
performing
necessary maintenance
including
and
consultant
the
legal fees times a multiplier of two.
In the event that Owner
shall fail to remit the funds thus due to the city within 30 days
of receipt of a statement for the same, the City shall have the
right to place a lien upon the property and enforce the same as
provided in state law for the foreclosure of a mortgage lien.
J.
The
obligations
set
forth
in
of
the
Owner
as
sections
above
expressly
conditioned
on
through
2I
2G
are
approval by the city of a site plan permitting development of the
property.
In the event of approval by the city of a site plan
permitting
is
the
the
acceptable
to
Owner,
development
that
monies provided for in sections 2G and H above shall be due and
owing and the obligation of Owner under paragraph 21 shall be
deemed to exist immediately upon the expiration of all appeal
periods relating in any way to the site plan approval or, in the
event
such
appeal
is
filed,
satisfactory
completion
of
any
litigation or other resolution of the appeal and entry of a final
unappealable
order
upholding
site
development
the
plan
and
proposal.
Acceptance of the
site plan by the Owner will be
deemed to have occurred unless within ten days of the date of
approval of the site plan by the City,
the Owner notifies the
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City in writing that the site plan approved is not accepted by
the Owner.
Notwithstanding the foregoing,
in the event that the Owner
notifies
City
its
the
site
of
nonacceptance
of
the
plan
as
approved,
the obligations contained in paragraphs 2G,
H and I
shall continue in full force and effect and shall be conditions
precedent to any development permit being issued to Owner or any
subsequent developer of the property.
In
the
reject
as
site
event
the
shall
the
plan
Owner
approved, Owner shall have the option to reapply for a new site
plan in accordance with then applicable regulations of the city
or Owner may submit an application for reclassification of the
property in accordance with then existing regulations of the city
or Owner may apply to amend this Agreement subject to the time
limitations contained herein.
K.
Owner agrees that the property must be developed
pursuant to a master site plan which shall fully and completely
comply with all of the then existing regulations of the city and
the conditions contained in this Agreement.
The master plan must
show the ultimate development of the entire site (not including
the recreation easement),
anticipated
incl uding all buildings,
uses,
parking and circulation areas,
other maj or improvements,
buffers
surface water
drainage
and
retention
plan.
The
and
foregoing list is illustrative only and not exclusive.
3.
At any time following one year after the date hereof (or
sooner if by mutual agreement of the parties), this Agreement may
be amended by the city or the Owner by filing an application
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therefore, which shall be considered and heard in the same manner
as a city-initiated quasi judicial rezone of the property.
Such
action
shall
not
release
the
Owner
City
the
from
or
any
obligations assumed under this Agreement, unless and until such
amendment has been approved by the city.
4.
This
the
is
Agreement
specifically
enforceable
by
parties in equity, and either party may instituted and prosecute
any proceedings at law or in equity to enforce the provisions of
this Agreement.
Each party further agrees to pay all of the
other party's costs, including reasonable attorneys fees expended
by
the
if
it
other
party,
prevails
in
such
enforcement
any
proceedings.
5.
Nothing
as
in
this
Agreement
shall
be
construed
preventing the
ci ty of
Federal Way
from enforcing its police
powers.
6.
This Agreement shall be binding upon all of the owners
of the real property herein described and their heirs, successors
in interest and assigns,
and this Agreement shall run with the
land described herein.
7.
At Owner's
this
be recorded
Agreement shall
expense,
with the King County Department of Records and Elections, and the
terms and conditions hereof shall constitute a covenant running
with the land.
All building, occupancy and use permits hereafter
applied for or issued shall be subject to the terms, conditions
and limitations of this Agreement and the applicable ordinances
and codes of Federal Way.
Nothing herein shall be construed as
requiring or obligating the city to issue any building, occupancy
or conditional use or other permit.
JDWO0924AjOO72.050.003
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8.
The Quadrant Corporation, a Washington corporation, and
the Owner of the property which is the subj ect matter of this
Concomitant Zoning Agreement hereby covenants and warrants that
it has title to the property which is the subject matter of this
Agreement and can and does hereby bind itself, the property and
subsequent owners thereof to the terms, covenants and conditions
contained in this Agreement.
9.
The parties each acknowledge, represent and agree that
they have read this Agreement and the Exhibits attached;
that
they
fully understand the
terms thereof;
that they have been
fully
advised
their
counsel,
accountants
and
other
by
legal
advisors with respect thereto; and that they are executed by them
upon
the
advice
recommendation
independent
legal
and
of
the
counsel.
¡"-
DATED this ~ day of July, 1990.
OWNER:
THE QUADRANT CORPORATION
By:
t/>L¿ ~ {? ¿ ~;5, iL--
Walter P. Costello
Senior vice President
CITY OF FEDERAL WAY
By:
i?I!~~
Br nt McFall
City Manager
JDWO0924AjO072.050.003
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ATTEST/AUTHENTICATED:
M. Swaney
STATE OF WASHI TON)
COUNTY OF ,{¿//Lð' ¡ ss:
I certify that I know
or have satisfactory evidence that
Walter P. Costello signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as
the Senior vice President of THE QUADRANT CORPORATION to be the
free and voluntary act of such party for the uses and purposes
of ~J ' 1990.
(/
C~fJl ft) t~_i!~/
NOT PUBLI
My commission expires:
,<,//ç' ?
STATE OF WASHINGTON)
COUNTY OF ¡(I -<J G' ¡ ss:
I certify that I know or have satisfactory evidence that
Brent McFall signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the
ci ty Manager of THE CITY OF FEDERAL WAY to be the free and
voluntary act of such party for the uses and purposes mentioned
in this instrument.
DATED this c:t&, ~y
o~;;~~
My commission expires: H/((9~
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