HomeMy WebLinkAboutD 5809845 5809845 VOL 4591 PAGE 7
CERTIFICATION
November 3, 1964
STATE OF WASHINGTON)
at ss.
COUNTY OF K1NG )
12 HELMIE W. NELSON, the duly elected, qualified and acting City Clerk
of and for the City of Rentb n, Washington do hereby Certify that the attached
is a true and correct original of Stipulation between the City of Renton and
Malones, Inc. as authorized and accepted by the Renton City Council at its
regular meeting of 10-5-64 and as same appears on file in the records of the
Office of the City Clerk in said City.
IN WITNESS WHEREOF, I hereunto set my hand ang the Official Seal of the
City. of Renton, King County, Washington this 3i day of -;t¢- Li„4
1964.
• 'p ( Seal)
7� ' Helmie W. Nelson, City Clerk
'�'tEO.s�Q ° `
vi: ' E :71;
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
FOR KING COUNTY
MALONE'S, INC. , )
)
Plaintiff, ) No .
)
vs . )
)
CITY OF RENTON, a municipal ) STIPULATION
corporation, )
)
Defendant . )
THIS STIPULATION, made and entered into this 1' day
of SEPTEMBER, 1964, by and between the City of Renton, hereinafter
termed "CITY", and MALONE'S, INC., hereinafter termed "CORPORATION",
WITNESSET H:
WHEREAS, the CORPORATION has served a complaint upon the
CITY, in which complaint in paragraph II thereof is a description of
real property located within the confines of the CITY, and which real
property is alleged to be owned by the CORPORATION; and,
WHEREAS, the CORPORATION has an improvement on said real
property consisting of a building, and has heretofore made due and
regular application to the CITY for permission to erect an addition,
having furnished plans and specifications to the CITY covering said
proposed addition to said building; and,
WHEREAS, the CITY has advised the CORPORATION that the
addition does not provide sufficient loading facilities in order to
meet the requirements of the ordinance ; and,
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VtAyiad I PA .y
WHEREAS, the CORPORATION was of the opinion that the
ordinance was unreasonable in its scope, and consequently not a
proper exercise of police power on the part of the CITY, and the
CITY having expressed its concern in reference to deviating from
the requirements of the ordinance as to loading zone in the event
at some future time the addition may be leased or utilized for
purposes which would reasonably require loading facilities, as
provided by the ordinance ; and,
WHEREAS, counsel for the respective parties who are pre-
paring this stipulation are fully cognizant that at this point in
the proceedings counsel for the CITY cannot bind the CITY until such
time as the regular procedures for variances have been accomplished;
now, therefore,
IT IS STIPULATED by and between CITY and CORPORATION, as
follows :
1 . That this stipulation shall be considered as an effort
to compromise the differences between the parties, and in no way shall
be construed as signifying or implying admissions or variance from
the positions previously taken by the CITY or CORPORJION in reference
to the subject matter .
2 . In the event CITY grants CORPORATION a permit to build
the proposed addition, CORPORATION shall not be permitted, nor shall
any tenants, successors or assigns be permitted, to conduct any type
of business in said addition which is embraced within the category
now requiring more than one parking space for every five hundred (500)
square feet of space of building, unless CORPORATION shall obtain
2 -
sufficient additional parking space within 300 feet of the subject
addition so as to meet the present parking requirements for the said
c<,
1: addition. It is the intention of the parties hereto that if a portion
of the proposed addition is utilized by an occupier of a portion of said
building, whose business requires under the present ordinance more than
one parking space for every five hundred square feet of building occu-
pancy, then CORPORATION shall be obliged to acquire additional parking
space within 300 feet of the proposed addition, so as to meet the park-
ing requirements of the present ordinance, on a ratio or proportional
basis . Should the entire addition be utilized by an occupier or occupiers,
whose business, or businesses, under the present ordinance of the CITY
requires more than one parking space for every five hundred square feet
of occupancy, then the CORPORATION shall obtain such additional parking
space so as to comply with the requirements as to parking under the
present ordinance . Notwithstanding any of the foregoing provisions,
in the event the use be changed after original use, then the CORPORATION
shall be in the same position as others who change use, and subject to
the same rules and regulations as such others .
3. Nothing herein shall be construed as eliminating the load-
ing zone, as provided for in the original plans and specifications sub-
mitted prior to granting of permit for the erection of the present
structure on said premises, which plan is attached hereto and marked
"Exhibit A". The legal description of the property involved is attached
hereto, marked "Exhibit B", and by reference made a part hereof.
4. It is the intention of the parties hereto that in the
event of the passage of future ordinances which would have affected
the subject real property as to parking facilities, were it not for
- 3 -
Pn
loACE
prior construction of buildings thereon, that said property be
. , accorded the same treatment as other properties under the same or
similar circumstances, and nothing herein shall be construed as
affording the owners of said subject property, its successors or
assigns, any preferential treatment over owners of other properties
which have structures thereon, which were conformable at the time of
erection but by reason of the post-passage of an ordinance, or ordi-
nances, did not conform to the new ordinance, or ordinances .
5. In the event the permit is granted to build the addition,
as proposed, the above-entitled cause shall be dismissed immediately,
without costs to either party, which dismissal shall be accomplished
by plaintiff herein so providing on the original complaint herein
and surrendering the same to the defendant CITY.
6. Time is of the essence, and CITY shall promptly engage
the necessary procedures and advise the CORPORATION as to results .
The covenants herein made by the CORPORATION shall run with the land .
DATED this day and year first above written .
KOENIGSBERG, BROWN & SINSHEIMER,
Attorneys for Plaintiff
By
///// L. M Koen sberg
GERARD M. SHELLAN,
Attorney for Defendant.
ATTEST: ACCErED: CITY OP '
l///j D. W. Custer, Mayor
He rel.kNe�s�` Cit � er
y
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* * *
1028 - 10th North, Renton, Washington,
legally described as follows : (Situated in King County,
L;. Washington) :
"That portion of Block 38, replat of Blocks 12,
13, 14, 36, 37 and 38,corrected Plat of Renton
Highlands No . 2, according to plat recorded in
Volume 59 of Plats, page 52, in King County,
Washington, described as follows :
Beginning at the southwesterly corner of
said Block, thence north 35°42'00" east along
the northwesterly line of said Block, 150 feet;
thence south 54°18' east 110 feet, to the true
point of beginning; thence south 35°42' west,
parallel with said northwesterly line, 149 .43
feet, to the southwesterly line of said Block;
thence south 54°35'42" east along said line,
88.95 feet, to the most southerly corner of
said Block; thence northeasterly along the
southeasterly line of said Block 150 feet, more
or less, to a point which bears south 54°18'
east, from the true point of beginning."
* * *
27
Filed for Record, /G 19 611 °Z p ;M.
Request of ��2-�r / n`L•� �, " EXHIBIT B "
RODE A.. MORRIS, County Auditor