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AG 90-009 DAY DO/03. #111.; P 0072 . 15012 RE'-FEE 2. 0n JDW/naa MAR 7 t' 0P , RECD F 14.00 02/26/90 CNSHSL *4:4,16.00 R: 02/27/90 : ; t "; 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 oD -- general welfare of its citizens and thereby control the use and CD development of property within its jurisdiction; and O O 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 JDW00757X - 1 - 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 CD C February 28, 1990, then this Agreement shall be in full force and CD 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 M O provided all other terms and conditions of this Agreement and all CD 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, JDW00757X - 3 - 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 LCD shall be sold in a condominium format. OM 3. The Owners shall agree to set aside and dedicate to O O (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 JDW00757X - 4 - 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. O 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 JDW00757X - 5 - 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. CD CD10. Nothing in this Agreement shall be construed as CD 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 JDW00757X - 6 - 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. JDW00757X - 8 - r,• r. ,• • • • • • EXHIBIT A • • PARCEL 7 ' ' • • • • • . . , • . 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: • c 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" 1 • ,r 't! • • SW 32OTH -ET s '' fly . , •a q .!;'' ,1NC 4, rip im nn 1, t. ,.Vic• ww �. I:uuI. At ' S 1.-.4- ;111 • r 1; -i'•'a �1r .' <j, �11101_41g1 ��c! 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',f•, r,�t E•••{f,`l r�i�•r r ,•J'••/` ,•r / —.'Q.o- 4._31 :l.t r!""iIr FIJ r:4 F.•nl-•- :4 E • 0 „':° , 4� � r-.f,c 1rrt'i's �s�y-,„ Jr� i;•err•'w 'er aram" • '') .r ; (j''+ ` Y'..,: .• t Qi� I C ._� ., :y. t�e S�T �c t� -L 0141,14 r 41114_' m .a° 1�.b `0. �r.•e•:ue'•._ �..t -1/t n4 . tteeee, 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 i 8 FILED for Record at Request ot Nam u - � aaa 3 3 ql Da 3 two 2 31990 otrt OF FEDERAL BUILDING DEPT. 10 O O O•