HomeMy WebLinkAboutAG 90-009 - QUADRANT POLYGON CAMPUS HIGHLAND DAY
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kLC ao coMITANT AGREEMENT
RELATING TO THEtONNG OF THAT CERTAIN.PARCEL OF PROPERTY
COMMONLY KNOWN AS
THE CAMPUS HIGHLAND TOWNHOME PROPERTY (PARCEL 7)
WHEREAS, the City of Federal -Way, Washington, a
noncharter optional municipal code city incorporated under the
laws of the State of Washington, has authority to enact laws and
enter into agreements to promote the public health, safety and
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-- general welfare of its citizens and thereby control the use and
CD development of property within its jurisdiction; and
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O WHEREAS, the City Council of the newly incorporated City
of Federal Way is in the process of adopting initial zoning for
property located within the city limits of the City, and
WHEREAS, the undersigned, the Owners of the above
referred-to property initiated discussions with the City Council
with respect to entering into this Agreement for the purpose of
attempting to amicably resolve any potential disagreements with
respect to issues of vested rights and applicability of King
County or City of Federal Way regulations as a result' of the
incorporation of the City of Federal Way during the pendency of
owners permit applications before King County, and
WHEREAS, the Owners warrant to the City of Federal Way
that they are the owners of the real property hereinafter
described and have the full power to enter into this Agreement,
NOW, THEREFORE, upon the property hereinafter described being
zoned RM 3600 as provided in the new Official Zoning Map and the
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C: (2) Tin(
Zoning Code for the City of Federal Way, both of which shall be
effective February 28, 1990, Owners do hereby covenant and agree
as follows:
1. In the event the zoning of the subject property,
commonly known as the Campus Highland Townhome property and more
particularly described in Exhibit A attached hereto and
incorporated in full by this reference, is zoned in accordance
with the Official Zoning Map and the Zoning Code for the City of
OD Federal Way under a classification as identified on said Zoning
Map and in said Zoning Code as RM 3600, to be effective as of
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C February 28, 1990, then this Agreement shall be in full force and
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CD effect.
ON
2. Upon such zoning designation being placed on the
subject property, the following conditions shall apply:
A. The building permit currently pending under
King County File C8902294 shall comply with and be reviewed in
accordance with the City of Federal Way codes adopted as of
February 28, 1990.
B. A 100 foot Type I landscape buffer shall be
provided, adjoining the single family zoning.
C. A minimum 60 foot building setback shall be
provided along the frontage of both parcel 5 and parcel 7, as
depicted in Exhibit B attached hereto and incorporated in full by
this reference, of the property along Campus Drive.
D. Campus Drive, along the entire length of the
subject property and parcel 5, shall be widened, in accordance
with then applicable City standards, to allow for a center turn
JDW00757X - 2 - ORIGINAL
lane. This improvement shall be constructed and completed prior
to the issuance of occupancy permits for the first phase of the
project. Provided, however, in the event that the roadway
widening cannot be completed prior to the time of occupancy on
phase one of the project, and such delays have not been caused or
contributed to by owners and are beyond owners' control, then,
owners may apply to the City for authorization to post a bond in
accordance with the applicable provisions of the Federal Way
oO Zoning Code to assure the construction of the required
improvements and, upon the approval and the posting of a bond in
CD compliance with the City codes, occupancy permits may be issued
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O provided all other terms and conditions of this Agreement and all
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of the applicable provisions of the Federal Way codes have
otherwise been fully complied with.
E. Building height shall not exceed 30 feet above
average building elevations calculated from finished grade for
the subject property in compliance with the provisions of the
Federal Way Zoning Code.
F. The maximum density that might otherwise
mathematically be calculated for the subject property shall be
reduced from 273 units to 233 units. Owners acknowledge that
fewer than 233 units may, in fact, be allowed on the subject
property as a result of meeting the requirements of the new
Federal Way Zoning Code and related ordinances of the City that
are and shall be applicable to this development.
G. The project shall be phased so that no more
than 100 units are developed and occupied in the first phase,
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which is the first year (1990) , and an additional 100 units in
the second phase being the second year (1991) , and the balance of
the units to be developed in the third phase anticipated to be
the third year (1992) . Owners may develop 200 units for each of
the first and second years in any combination on parcels 5 and 7
(i.e. , in the first year Owners may develop 150 units on parcel 5
and 50 on parcel 7) .
H. Owners have represented and hereby commit that
00 all units shall be townhouse/condominium type of units which
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shall be sold in a condominium format.
OM 3. The Owners shall agree to set aside and dedicate to
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(T the City the necessary right-of-way corridor as established by
the Federal Way City Council, subsequent to the date of
incorporation, for the extension of 10th Avenue S. W./344th
right-of-way corridor. The City Council shall agree to use its
best efforts to complete the corridor route designation on or
before April 3, 1990, but not later than May 1, 1990. The right-
of-way for the route thus established shall be dedicated by
Owners to the City prior to the issuance of building permits on
either parcel 5 or 7.
4. This Concomitant Agreement shall be operative upon
the incorporation of the City of Federal Way, to wit: 12:01 a.m. ,
February 28, 1990. In the event the City of Federal Way adopts a
Comprehensive Plan and/or Zoning Map or Land Use Code, as it
affects the subject property, which is substantially different
from the Code upon which the City Council will be conducting a
hearing on February 27, 1990, then the Owners shall have the
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right to request termination of this Agreement. This election to
request termination must be made by Owners within thirty (30)
days from the date of the adoption of the Code, which is
contemplated to be the night of February 27, 1990. In the event
that the request to terminate this Agreement is made and
termination occurs, the City of Federal Way shall have the right
to amend the zoning of the subject property which may include the
placing of a single family residential classification thereon.
5. The City of Federal Way agrees to cooperate with
ap
— the Owners in the processing of the necessary permits and
to
O applications required as a condition precedent to approval of
O construction of the project.
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ON
6. Owners state that it is their intent to provide
sufficient information to enable the City of Federal Way to issue
a mitigated DNS for the project for the subject property which
shall incorporate the conditions of this Agreement. Owners
understand that the SEPA determinations are a matter of a
separate proceeding and are not a part of this Concomitant
Agreement.
7. The Owners hereby acknowledge that the City of
Federal Way has not coerced the Owners, and in fact, the Owners
have offered to have the terms of this Agreement imposed upon
them and the subject property, and the Owners are willing to
abide by the terms of said Agreement, and the Owners further
agree that the terms herein are drafted for the benefit of the
public health, safety and welfare of the community.
8. This Agreement may be amended by the Owners by
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filing an application therefore, which shall be considered and
heard in the same manner as a rezone of property. Such action
shall not release the Owners from any obligations assumed under
this Agreement, unless and until, such amendment has been
approved by the City.
9. This Agreement is specifically enforceable by the
City in equity, and the City may institute and prosecute any
proceedings at law or in equity to enforce the provisions of this
Agreement. The Owners further agree to pay all of the City's
op
costs, including reasonable attorneys fees expended by the City
V) in obtaining enforcement proceedings.
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CD10. Nothing in this Agreement shall be construed as
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ON preventing the City of Federal Way from enforcing or exercising
its police powers.
11. 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. Provided, however, if Owners
have not proceeded with the project within three years of
February 28, 1990, or otherwise allow any building or other
permits or approvals to expire within said three years, then the
City of Federal Way may proceed to rezone the property not
withstanding any other terms of this Agreement to the contrary.
12. At Owners' expense, this Agreement shall be
recorded 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
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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.
DATED this P") day of f-e-6/(4"1 , 1990.
POLYGON 2000, Inc. (Owner) QUADRANT CO RPORATION (Owner)
By: �---' By 6vemel::
Title pn�� (/rc /0,1,411- Title:��°ht //'1e•e �i+�s'aaG•. --
OD
CITY OF FEDERAL WAY
CD ALLEN LOCKE,
ON
ON INTERIM CIT MANAGER
ATTEST/AUTHENTICATED:
40- ._./6t_ I IAA/
CITY CLERK, DELO. S MEAD
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
I certify AA that I know or have satisfactory evidence
that C°'`i ,A• s A) signed this instrument, on oath
Stated that a was authorized to execute the instrument and
acknowledged it as the JPeiwe 14« i4°j". of POLYGON 2000, Inc. to
he the free and voluntary act of such party for the uses and
Purposes mentioned in this instrument.
DATED this )?day of 1990.
(L,
WIAJL-12-
NO PUBLIC
My ' - •mmission expires: '/:2-- 9h.
,'DW00757X - 7 -
STATE OF WASHINGTON )
ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence/
that �'✓w(fv 09- Lv i t�° signed this instrument, on oath
stated that Ac was authorized to execute the instrument
and acknowledged it as the SQrtr()( aac, /%"e/e664.- of QUADRANT
CORPORATION to be the free and voluntary act of such party for
00 the uses and purposes mentioned in this instrument.
DATED this 97 day ofvu0'1 , 1990.
CD
CD
CD NOOY PUBLIC
Q f
` M commission expires: v Q2-Ad.
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• EXHIBIT A • •
PARCEL 7 ' ' •
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• • • .
. , •
. THOSE PORTIONS OF.' TILE NOR'rIIEAST ONE—QUARTER OF THE NORTHWEST
• ONE—QUARTER AND THE SOUTHEAST ONE—QUARTER OF THE NORTHWEST
• ONE—QUARTER ALL IN SECTION 19, TOWNSIIJP 21 NORTH, RANGE • 4
'EAST, N.M. ,' IN KING COUNTY, WASHINGTON, SAID PORTIONS BEING
MORE PARTICULARLY DESCRIBED AS' FOLLOWS:
•
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CD COMMENCING AT THE WEST. ONE—QUARTER CORNER OF SAID SECTION 19;
CD THENCE ALONG THE EAST/WEST CENTERLINE OF? SAID SECTION 19 •
CD 888.58 '22"E 1282.94 FEET TO THE SOUTHWEST CORNER ' OF THE
0 SOUTHEAST ONE—QUARTER•OF SAID NORTHWEST ONE—QUARTER!'
THENCE ALONG THE WEST .LINE THEREOF N01'13 '12"E 202.55 FEET TO
THE NORTHWESTERLYi LINE OF THAT CERTAIN EASEMENT GRANTED TO
TIIEi' UNITED STATES • OE AMERICA FOR ELECTRICAL TRANSMISSION
. LINES BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS 5034341,
5029580 AND 5027474; • RECORDS OF SAID COUNTY AND THE TRUE '
. POINT OF .BEGINNING; . • •
THENCE CONTINUING ALONG SAID WEST LINE AND THE WEST LINE OF
• SAID NORTHEAST . ONE—QUARTER —OF SAID NORTHWEST ONE—QUARTER
• N01.13 '12"E 1502.83 FEET TO 'A POINT 'ON .THE SOUTHERLY MARGIN
OF THE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING
•
NUMBER 8501170665, RECORDS OF SAID COUNTY, SAID POINT' BEING
ON A CURVE CONCAVE TO THE NORTHEAST HAVING A. RADIUS OF 842.00
FEET AND TO WHICH POINT A RADIAL LINE. BEARS S47'11S42"W;
. . THENCE ALONG SAID MARGIN SOUTHEASTERLY AND EASTERLY 801.22
. FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54.31'16" TO •
TIIE BEGINNING OF REVERSE CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 618.00 FEET (A RADIAL LINE THROUGH SAID
BEGINNING BEARS N07.19 '34"W) ;
'THENCE CONTINUING ALONG SAID MARGIN EASTERLY AND
SOUTHEASTERLY 647.38 .FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 60.01111"TO SAID NORTHWESTERLY LINE OF THAT CERTAIN .
EASEMENT GRANTED TO THE UNITED STATES OF AMERICA FOR .
ELECTRICAL TRANSMISSION LINES, BY DOCUMENTS RECORDED UNDER
RECORDING NUMBERS 5034341, 5029580, AND 5027474, RECORDS OF
• SAID COUNTY;
THENCE ALONG SAID NORTHWESTERLY LINE S52•58 '44"W 1662.66 FEET
• TO TIIE TRUE POINT OF BEGINNING
•
•
EXHIBIT 11B"
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WEST CAMPUS ' A
i •mss; �:; >>; _.■ `i u'�,3' •• El... ,L•he
/ Sehe•1 e, r r O OZ. Elam.S•heel•A Planned Communit / 01.1,1,1 �'• cO""`•"Ity He••N•
.4.,I'• fheppinf I
A DEVELOPMENT OP III ♦ '• Cam.u_ HI Iand„`\•. -'• c•nler e•/ •�� , '�Imo` ` ` ►4 ,lip ia,I4i . i
2.�� ill i f 345TH STREET
•
TINE►LAN If CONCEPTUAL IN NATURE,AND WNILE IT f. •.�•== �•_ II•��y� �I
SNOWS INTENDED USES.IT DOES NOT SHOW THE EXACT : In �sis4 :IN w,ii
SCOPE Or CONSTRUCTION TO-TAKE PLACE ON ANY ,•
PORTION Or THE PROPERTY.THE BUILDINGS.PARKING, f•-� ',lr + �■/
AND SITE PLANS MAY SE AMENDED AT ANY TIME SY THE rr' , m mo%
DEVELOPER. %`4�� *awl ri••um 1' `!
torn •:ti.� � I
J
Tarr
tkcidlitaiRk41 1/4.14
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8
FILED for Record at Request ot
Nam u - �
aaa 3 3 ql Da 3
two 2 31990
otrt OF FEDERAL
BUILDING DEPT.
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