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Home My WebLink AboutA 8406010540.�-'f , . • . ' ' .. • ,•' , . . .« , , • �`- • . � ' . . .:�.. , tl • • �-'�f��i�'�� 5�� RE�G� F i. C3�� A..'�',H1L �t:�►:�:�:i.4� AGREENiENT �� AGREEMENT, made this �---aay of May, 1984, by and between BROADACRES, INC., a Washington corporation ("Broadacres"), and the CITY OF . RENTON, Washington ("City"). RECITALS 1. Broadacres is the owner of part of the real property depicted in E�ibit "A" attached hereto (the "Property"). 2. The Washington Horse Breeders Association desires to rezone and to construct barns and other improvements on part of the Property. 3. The Environmental Review Committee of the City of Renton has required as an environmental condition that Broadacres reserve for twenty-five (25) years that portion of the property described in Exhibit "B" attached hereto (the "Restricted Property"), which constitutes the proposed site of the westerly extension of S.W. 27th Street. 0 4. Broadacres will accomplish this reservation by agreeing not to construct for t!� twenty-five (25) years any permanent structures on that portion of the property 0 described in Exhibit "B" or within the setbacks established by the adjacent zoning � designations. O � 5. Broadacres has agreed to enter into such restrictive covenants on the condition ,� that the City agree, during the term of this agreement, that such covenants do not � in any way preclude Broadacre's right to receive full value for any of the Restricted Property taken in any condemnation proceedings. 6. Broadacres does not dispute the need of the major east-west arterial, S.W. 27th Street, nor its intended location, provided that Broadacres reserves all rights in any " subsequent condemnation action. NOW, THEREFORE, Broadacres and the City agree as follows: 1. The City of Renton cannot deny access to or between either of the parking lots. Access shall be designed and controlled by City standards in effect at the time of street construction. 2. If either of the two parcels abutting the right-of-way depicted in Exhibit "A"is rezoned and developed in any use incompatible with recreational horse racing, Broadacres will dedicate and construct upon some portion or all of the property ' described in Exhibit "B", a local access road (not a major arterial) according to City of Renton street standards for local access roads. F�LED FOR RECORD AT REQUESZ OF ��F!�E OF THE Cin CLERK � R�i�T�N MUNICIPAL BLDG. 2�P�iIL AVE S0. REFi�0�1,WA 9�055 � .� , , . , � � ` � . ' .�. '. �, . . . . ._ , + • . ' ' .• ; ��,�:��='• -�. � 'If and when the City of Renton constructs any westerly extension of S.W. 27th Street beyond its current terminus, any assessments or other charges allocated to Broadacres to pay for some portion of the cost thereof shall be reduced by no less than the full cost expended by Broadacres in designing and constructing the local access road pursuant to paragraph 2 hereof. Further, as to that portion of the westerly extension of S.W. 27th Street which is constructed by the City of Renton within the boundaries of L.I.D. 314, i.e. between the current terminus of S.W. 27th Street at Broadacres' eastern property line and a point 200 feet east of the Burlington Northern East right-of-way, Broadacres allocated share of the cost of such portion of the extension, including water and sewer improvements, if any, shall not exceed 30 percent. 4. Broadacres covenants that it will not construct any permanent structures on the Restricted Property nor construct any buildings within the then applicable street setbacks for the zoning ad�acent to the Restricted Property for twenty-five (25) years from the date hereof. 5. The City agrees that in any action to condemn the Restricted Property, or any parcel including any portion of the Restricted Property, the unimproved value of such property should be determined without reference to the covenants contained � in paragraph 4 hereof, and such property shall be valued as if unencumbered or benefited by such covenants. 6. Prior to the commencement of any construction of the proposed extension of S.W. � 27th Street upon the Restricted Property during the next twenty-five (25) years, � the City shall present Broadacres with engineering, architectural and other plans , � necessary for the construction of the extension and other improvements including � plans concerning access turn-offs, sidewalks, walls, fencing, lighting, signing, and � other amenities to be put in place along the e�ension. Broadacres shall have t„p thirty (30) days to review these improvement plans and comment to the City. 4 � 7. The City of Renton agrees in designing S.W. 27th Street, that it cannot physically � den access to the Lon acres arkin lot 1 in south of S.W. 27th Street extension Y 8 P 8 Y g from the racetrack or northern parking lot. If the City determines that a traffic signal, underpass, or overpass is necessary to functionally connect the two parking lots, then the City shall include one or more of such physical improvements in the design of the street extension. 8. These covenants and agreements shall run with the land and shall be binding on all parties having or acquiring any rights, title, or interest in the land described herein or any part thereof unless both parties agree to release said covenants as a condition of a future rezone or unless Broadacres or their successors actually dedicate or construct said public street. BY: ACCEPTED BY: ! �a�lcau�o� 56�, . � 4 OAD R S, IN . CITY OF RE� 4N��j s t�� Attest. fC� � � a � � � � � � s ; �ity►��1�akt' ; N� : �l_ ' �' - �� ''• *�1 �'�;i _ _t,'•, ^f' �� ' r �.� ` . �� , � � � �r � � � �•.. , . � , . � . . , ,.. . . . . . , � � . � . � . � �� •� STATE OF WASHINGTON ) I ) ss: COUNTY OF KING ) On this / /� date of �rY�� , 198$�personally appeared before r�e, N ublic f the State of Washington, , known to me to be the ` of BROADACRES, INC., the co poration that executed the foregoing instrument, and acknowledged 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 to execute the said ,iti'�'nt�nat�nt`'and that the seal affixed is the corporate seal of said corporation. `, ��or�� '.�'r'*� Wl`� �.5:my hand and official seal hereto affixed the day and year first above ��;��r��f� - � .� P�l��-��'�:� ; �-,� '� ' �,p. 1�' `' N ARY PU IC in and r the State of �r��,;St�� ashington, residing at � C,: ,.• '��-„�....,,,��°`' STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) � On this / '7� date of , 198�, personally � appeared before me, a Notary Public for t e State of Washington, � �a�.,�n_, �P ��,e,.�rQ" c� ' . � ��YLo�� , knovun to me to be � the . ' of the CITY OF RENTON, a cipality in the St te of Washington, the municipality that executed the � foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the seal of said municipality. WITHNESS my hand and official seal hereto affixed the day and year first above written. ,,,,,� � ' .. ` . `'F _,� •'�Aq� ��' � _ ,��,��, �� : � �.� ��.� _ ,� . ' -�•"' : � ` NOTARY PUBLIC in and for the State of � _ �,�•d '��'�` �;.," Washington, residing at�,.�..,��,r-� '•.� �.,: � •,�- � � .� �_, ', �._••'.;�� '� �f . �� ,P,,, �� ;. ��'''.+r rs��a�"�'''` ' � I , , • • . � ', , ' j , ',"� , � . . , � �• �. • ' - • � • . S.W. 27th STREET EXTENSION AGREEMENT BROADACRES, INC. & THE CITY OF RENTON WASHTNGTON NORSEBREEDERS REZONE R-066-83 EXHIBIT "A" LEGAL DESCRIPTION FOR WASHINGTON HORSE BREEDERS' ASSOCIATION REZONE � That p�rtion of the NE 1/4 of Sec. 25, T. 23 N. , R. 4 E., W.M., King County, Washington, described as follows: Beginning at the intersection of the east margin of the Northern Pacific Railway Company right-of-way and the southerly margin of Pacific Highway No. 26 (So. 153rd Rd.) (S.W. 16th St.) ; thence N 80°49'30" E., along said southerly margin, a dist. of 43.03 ft. O to a pt. of curve; thence cont. along said southerly margin � easterly along the arc of curve to the left, said curve having � a rad. of 603.14 ft. through a central angle of 19°04'30", a 0 dist. of 200.80 ft. ; thence cont. along said southerly margin, 0 N 61°45'00" E., a dist. of 90.32 ft. to a pt. of curve; thence Ocont. along said southerly margin easterly along the arc of � curve to the right, said curve having a rad. of 543.14 ft. � through a central angle of 26°45'00" a dist. of 253.58 ft.; thence cont,. along said southerly margin, N 88°30'00" E. a dist. of 295.42 ft. ; thence S 0°35'38" E. , a dist. of 300.81 ft. to a pt. on the arc of a curve, the center of which bears S 4�51'31" W; thence southerly alonq the arc of a curve to the right, said curve having a rad. of 486.70 ft. through a central angle of 85�00'17" • a dist. of 722.07 ft. ; thence S 0°08'12" E a distance of 2280.37 feet; thence S 87�55'40" E, a distance of 181.65 feet; thence S 0°29'31" W, a dist. of 30.96 ft. to the True Point of Beqinning, �. also to be lcnown as Point "A;" thence S 0°29'31" W, a dist. of ' 259.24 feet; thence S 89°30'29" E, a dist. of 300.00 feet; thence .�I S 0°29'31" W, a dist. of 266.45 feet to an intersection with the westerly extension of the north margin of S.W. 27th Street; thence N 88°23'06" west along said westerly extension a distance of 170 feet; thence north 81°02'43" west, 436.81 feet; thence north �. 88°20'06" i�est, 2S feet to a point which lies north 88°30'29" west; 330.05 feet and south 0°29'31" west, 463.26 feet from point A; thence north 0°29'31" east a distance of 208.26 feet; thence south 89°30'29" east a distance of 281.18 feet; thence north 2°35'll" east a distance of 250.10 feet; thence south 88°30'29" east a distance of 39.70 feet to the True Point of Beginning. i , � • �� , � .�, . � .�.., , - � � � E X!i I B I T ',g' � _ ' j �EGAL DESCRIPTI4N FOR pROPOS�D R/W FOR S.W. 27TH $T. EX7ENSION A STRIP OF LAND 90 FEET IN WIDTN. �EING 45 FEET ON EACH SI�E I ' OF THE FOLt�OWING DESCF2iBED CEhITERLIPtE; BEING IN TFiE NORTH HALF l OF SECTICit� 25. TOWNSHZP 23 NOFtTN� RaN�E 4 EAST . W.1"1. � KING COUNTY, WASHINGTON� OESCRI6E� AS POL�.OWSs IBEGINN21�lG AT TNE NOR7HEAST CORNER OF SAIQ SECTION 25� 7HENCE � � N 87°21 ' 38�� W ALONG TME NORTH LINE 7NEFtEOF 20. 01 FEE7 TO THE WEST l.I NE OF THE EA5T 2q FEET O►- aOVERt�1MENT I.OT 9 1 N SA I D SECTION 25i THENCE S 0°49� 43 " W AL.ONG SAID WEST LINE 1 , 254. 20 � FEE7 TO 7HE NORTH LINE QF A TRACT OF LAiVD GONVEYED TO TNE CITY � OF REtdTON 8Y DEEt� RECCtRC►E[3 UNC}ER KING �OUNTY AUDITOR°S FILE NCt. � 760 3250650� THENCE ALONG THE f�{ORTH L I NE OF SA I D 7RAC'� OF I.AND � N 88°24� 2'T" W A DISTANCE pF 1 , 322. 33 �EE�` TO TNE WEST �INE C3F � SAIQ GOVERNM�NT �QT 9 AND TNE Tf2UE POIk�lT OF BEGiNNING O� SAID � � CENTEF2l.INE; 1HENCE C()NTINUING N88°24 ' 17" W A DISTANCE OF 1 , 2k0 � FEET TO THE BEGINNING OF A T6INGENT CURVE TQ l"HE f2IGHT, HAVIN� A RADIUS OF 1 , 000 FEE1'; THENCE NORTHEA57ERLY AI..ONG SAID CURVE ' � TO THE EAST RIGHT—OF—WAY LINE OF THE NORTHERh PACIFIC RAII.ROAD i � R2GhiT—QF—WAY, BEIIVG 100 ' $IDE AND THE TERMINUS O� SAID CEN7ER— , i � LINE. ` f � , , '� � � � � � � > � � � � � � I � 4 ' - .. 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