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LUA82-024
I bad_-- ----8Z. I ( TEROFF ICE M E M(. _ CITY OF R 6:[TON OC i 2 4, 1990 CA Cd_ o. DATE: lO 2`E-' 7b i'iY CLERK'S OFFICE i FROM: h c-Y--- ihl-j- c----1 7/ Q/p(,j- a)e 2-7- - U E-Uyc t SUBJECT: Citi ii / 6- ---- tea d a- -1 S o--,„ -a_.e, 1 4-(,-d. J V a - A t- j E-D -fzw 19 82 el S,c„e" ri--ra„,___k 41.. .- Ltit_, c,,,_),-Ii_d 1„.-c—J.. q_ c.„.1.=_.„_ cl,,G432.0_,0 q--LA---7—k. 0_,,v___„„_k_ FL/p..1_4 790 , ia ue ,_ fr 6/° J k , CI- 6 R 6 a—cLac ice- -L.. I) I( - T- E R O: F F ICE M E }J CITY OF RE TON n_ OCT 2 4 1990. TO: 6:247--A__- C _ec_. DATE: I O - ZLt- 5-0 2, RECEIVE c:ITY CLERKS OFFICE FROM: i ` 72 y• P--(,t-----.HPA31 Pl,() I i SUBJECT,: f. z L-4, s a C4 fie. 0--,Lo.71._./ d.( 6--e-- 98 2, -=1S 990 GZ a v 1S a A 19 ---tit • n'' 4-13a- r‘ r?I 1 4,0 c:.,, 0— 1 Vie- —r2' -4',• s / ..--c,1 Cr _ CS 1 I bBEGINNIN II OF FILE FILE TITLE i(jinW -- -• 1.1 40000M111 I 4180,dIMINEEMMIll I c ,;(„,e‘ . F : LpIED 0 OS 1 I .: ° .4if . li z.--, 1 (--- L. if, L-49- 1 V,e-. :,) XL 11 42-6, / j 19 x2i)j 6- ea_44 I I i I I 355.1 iiE3 __ ._'Z/ O Q GS] o 325.n 3/ rc 14 0.67, v '` CI OFLE aFH itI. ,2.... Earl Smit w School Distrlc 3 a et 2.67 Ac. 0.6I Ac. Wl> 7.36 Art MARIii61aNY912 Is.) 1 0 11 M t7.32Ac. GUILDINnor. s6 O Q oll V tvivl i DEPT.0.41 _ I R ENT tN 6i• • - I- ( L0-o ES 4r 6© CORPORATE L 1 M1 ,. 1 0---- —C W'Il,oms 1s'4.,3 2.37 C c • o 4 0lIz ;; T 1 webernosad le". 1 J d9 ac. 1 FII1 I•o I.g ' ' _' Acl ! ® O Ruth Vents I 309.4.11 C. Wiiliamg II '-'1 I 10 535 ` 1 Donald E. 30 Ac. . f 0i94 y McW,lliams 0. 193Ac. A 19as1 ' 309.44 e$a 14.di i 6oE ir iiChgrlr;s I.by,Rucker Carue 1C e J. David Jensenm I. C T • 1 rnl o 2L 121 Ac I•?:Q I' C- r_:: 3 IrII2. 394c. M r 1 mnI ' .. 175 lJ Ib8 U6pj JqDa NIO1101. 1 a Jnsen 2s' rrc ci4.90 a,. soI l a b7.96. q175a susaJf+ I'y t^ Q V cc% 11,W Iw I J r1/ I 5 N O r. iii T^ ti H 1 0.3a' :` 1 01/4, T IN. 1!"INrii) I I Q • Q I I ® I111 L rev tr 1• Q r / 1 a el 0 1 , 0.3a AC. 0.25 AC. sl 7, I' o ZI 3 • sJ 1 • 0 az Bo Iso f[9r. v. Q X WIIP" ....... uI Ij 0CCCVI 21d,4] 31 rr g l I `'Z o 0 1,r I 0.71.4 o Ioo 4 $ S is s tt fg I"T 1 r7-1..-s Psi_ 91.!2- BOLL MAP CO PA NY0WINCrNc•ATT L E OR REPRODUCTION INWHOLE200FT. • COP RIGHT KROIL Mqp COMP PERSON USE OR P4VIN ANY, I N C. RESALE/S Pfi'OH/8/TED BY LAW. Cou TT TAX LOT N j4 :t t . .. ,. .. s ue 1 1pl w `) Y { 1 1. J ' i w o-} ! r t r 4 ' A Y i.-:41• y . 4'. r r _._ R .T r I;' wr 9 w ems. 1 G J`]i _ai I rIn I a 1. I. 1 ' .G J i:.. t - c' I 1 r -, I:\ ''. i el, 1 I 1 E r L . ' 1:; . 1II' i Y 79.i .i ( ' -JY. 7 I r.-„--,-),:n : • At - H, 11 I k 1 i i ink t i j • I , I I 1 1 1 x 4_. ysM.:jf a...,._ pnh 7.. . ... I1 I y a.I 1 i i 1 9 r-L),__it..), Ni_w_E_, ii_ MAR 19 1982 BUILDING/ZONING DEPT. I v.'s.'w.r. l • a.' rWQQ1121 z..r.raar 1:: -• ' .. " . . . .. • ' . ' ''' ..'. * .ANNVAm SVionoa Mar' CU464: 4r1,11Ai II40 L4 ice.t•s 4111. a 4. w..P .y l+d pr o fog I1,o Plus CI1w'a i .11117ry .S! '' i 3•*u hQi via•lit h- 'N (r.,7ru.l• m, Wm nn va.lo}Para If' <++r.t.*. aJ. ./w'+ra OtsCO HZ.r}v 46 e.. $cim r++r ay., 10i4 a9 5 74.1: 2jr. TUT.- ril* Y I q. •••tr; = 2".7!:: 1 .. $,. . ... • li-'. t. . 1 i CO t= 1 i tt i Illfff!l1111• k 1 ._ ,, /.. , t! r Ill . "17:',.... o xS t 14:[ i-., . I. F , 1, - T Z .. i .,,,,_ _.. i.. y 1\\ e Ali° . l ti' -',. . 1*.t, . 3 Ali; • • i• ' . k-: -,i t\\\, \Ns I , rz.: 14:: 6, -1, .• A O E. TT f 11 L e wi-?^r. 1k-- i 4, I 1 lri, iM1C, I• 7 c. 7.:. VII • :/ k.„___________ A 4, 1. 1._ . , ... 31,_,..........,...—..--,-- 7 I -- 47— L. TC"" 4--2- 11'' 7 -- r-1 . ily. tj ... Nit •. 6 O t. EV- T.---- 1 . 3:-• t . ifiii: Ar44 • Ft lk N\\ \ ' ILL..% 7-) t . 1 te. timm.- 01111111L72- 011= 11b. - M0- 11MI: 111117.. mom • . -", CZNirlit. . . alia- 011• 011M ellE1, 1111M1b .. 110. t,__ __._ I \ \\•‘ \\\\ t" . i - t\ icc:\\\\-\--\\,`'— I 4.: it ' 1 .: 111 1: It l' 11.. I .. t.t., i Iilliv I 4 1 . ...: 61. .. :::•::: , . T va. a. f„ r rV I l iL' •' 3 f itI fl yno rI II 1 , - 14 :: t,, H k________________- 17 - k_ c__________._ _________ I s 1 o cj t. a L r i' 7. nr 1 Miv. ism+ r r 9ty... w a rsl a?". N f. r o. lIgMn + f . r an. av, ly + rwt'. rs lr..) u. +'" b • w 111 se; e Ys rwF+ y too." Ree . 4tI On * M • tbt olgth.. Atom tr+ il 111/PP.- QaSTIONNAIRE ON PROPOSED ;,C...:TION Your assistance with the following questions will be appreciated. Please ;Idvise', as to t:hi:appropriate items below, where seParace (discretionaryill or Ininisteria-1J21permits,licen-ses, certificaites, agreements or Other entitlements for use regarding any of the items under Jf, grou 3 arc •cqui-r d 6a a f rc equibite Lu OULa Llllli a 'uuituiclb allu/UL UL L: upallcypermit. Your identification of 1) the item required, 2) the issuing c::nartment or agency,1) the department or agency's address .and 4) whether item's issuance is discretionary or min-isterial would be greatly appreciated. The department or agency may be district, municipal, county, regional, state or federal.. I. Zoning. A. What is the zoning classification of the property? B,1, Business, Section 4-711 B. Is a slpe'market permitted under this zoning? Yes C. What othe types of uses are permitted under this zoning? Banks, drug stores, hardware, furniture, t; other retail Uses. D. If there .re setback requirements, what are they? Front: , e : RRear: No e Side: No' *Except i n side line is adjacent o residential district, then 1O' ,10' ,5 ftrespectivelyckw11areuirdasroEnvroE. tt erne •re ol1F s feet Spar Cing aRa ioaging PaTIUTHA itVhe 0iiissree`tig? See below and attached.Yes. See 'hapter 22 of Zoning Code for details. I. Discretionary eviews. Are there revi ws far any of the following, if so, by what agency?A. Architectu e: No. (structuial per UBC) B. Design: ;No. Except sign design by Building & Public Works Departments. C. Landscapin : yes. Renton Building Dept. ; Building Permit Review 10 ft. min landscape strip along public`rights of way. p 1. Subdivision ;Pl. ns/Plats. A. May a s.ibd vision plan or lat be required, and if so, under what circumstances? No. Provid-d no additional lots are created from what presently exist. Utility AvatJa. il.i.ty. (All utilities must be underground) From whorl arse the following, available and are any special permits required?A. Electric'it} . Puget Sound Power & Light Co. B. Gas. Wash ngton Natural Gas C. I•'ater./Sewel . City of Renton Public Works Dept. Design & Construction approval by public'Works Dept. (Ministerial) ' Environmental C.ntrols. A. Control Typ s. 1. Air Qua ity. * i a. Sta ionary sou-Fee."Puget Sound Air Pollution Control Agency (Ministerial) b. Air quality maintenance/management plans. Same c. Ind'rect source controls. Same d. Traisportation control. plans. Same e. Par ing management plans . Same ;• f. Par ing permits. Same • NOTE: Air Quality isreviewedbyvariouscitydepts. as part of environmental checklist review required w/building permit.2. Coastli, e or shoreline. • Not applicable 3. Noise. No permit. , Just part of environmental checklist review 1 1:.:tll::.r'_'s tact L•: er::ise of judem.iant, deli.h-r.r Lion. or decision. l:ehc,i.ries a deL, rninar. ionoF whether there it; a conformity to applicable statutes , ordi- nanc'_s or rl_s;•l alions. 4. Solid w st:e disposal: amity of Renton requires approv_ private disposal service to commerc'al uses. 5, Water. a. 'I:Ef uent quality. NSA b. Sew r -hookup permit, Renton. Public Works Dept. Ministerial. Sewer system design and construe ion must be approved by Renton. Public Works Dept. 6. Other - please list: a. Storm drainage & retention/detention facilities design & construction must be approve b. by Public Works Dept. per city code. Part of building permit. B. To your know edge are any of the above required, but not prerequisites to the issu- ance of buil• ing and/or occupancy permits? Environmental checklist review and determina- tion of nega ive. impacts by ]environmental Review Committee is only environmental control prerequisite to building permit, C. May an envir•nmerctal .assessment be required for this project? If yes, plea e attach an information sheet or set of guidelines on the procedure to be followed. An' environmental checklist review is required as part of building p',ermit re- view, upon eview of completed Env. checklist a determination is made whether oril not to require an vironmental impact statement. I Resource Conser ation .Controls. A. Energy. 1. lnsula ion. City of Renton Building Dept. Ministerial Review per Uniform Building Codes and W-shington State Energy Code. 2. He,-tt;in• .•Same 3. Lig'4i g. Same 4. Coo'_ n'. . Same 5. Strvct re orientation. Same 6. Gas: Same 7. Eleccr'city. Same B. Water. Des.gn and construction to be approved by Renton Public Works •Dept. C. Ocher -.'p i-ase list:. I. Fire De•t. review & approval of fire flow adequacy and water system design 2. I. hazard Control A. Flood. 1 . Is the proposdAocation within a "Special Flood Hazard Area as de::i.griar d by the United States Department of Housing and Urban Development? No 2. If the answer to "1" is "Yes.," please answer the following: a. ha. the. community adopted the Federal Flood Insurance Program SG./ teat Federal Fl•od insurance is required for construction. or resale financing? I b•. . 11 the community had adopted the Federal. Flood Insurance Program, which pr•gram did it adopt - the "Emergency" or "Regular?" c. W i t, if any, restrictions and/or requirements are there concerning (construct it. nt th iI location? B. Geologic. 1. Are there special procedures or permits because of land subsidence, landslides or earthquakes? Yes. T uniform building code standards for Seismic Zone .III the allow: t'i'!• Ions. Please rC:iurn this nu,;:.,: ;:,,,,...lireinIh3nkyoufor .Ldi g us I nticaertug _h. . I o .c: q ,.t the enclosed Se1t- ddressad stamped envelope to ;;e. Sincerely yours, ibis que3LLonnaive :gas answered- by For £..i,.iier iniorm'aLLion contact :re at ('fri Adp.,nr Na.). JrL,l7vdc Di rtora,. Applicant BENNETT-MULTIVEST, ET AL R-024-82FileNo. Project NaTie SAME Property Location North side of N. E. 4th Street approximately 950 feet east of Union Ave. N.E. HEARING EXAMINER: Date 7-21-82 I Recommendation Approval with restrictive covenants 6q I ALLY I I I I i II 1` j _ Req./Rec. Date Received Date Response 4 Appeal 8-4-82ADateReceived Council Approval. - Date IjI! Ordinance/ 7 `T 3 Date Mylar to County for Recording 1 Mylar Recording I# 1.;':.7P,. __r)L.- flW [p 1 i I Remarks: . OCT 19R2 I f3„ • 1 t jr,vc ..... 4....• _......1 I H Y; IFY L pi1:9r( 8)3 GGby 2 j I I 1 full;:ii'•:; J' Y. Ail.f'4Sa a.a y 1 :r U. Ey i SIl1: 7 ' - ,, 1±•,*.._.,•t%S'+ t.'ir't$ wJ v''';iv'..:.+y` .,y" OF '4, 16 0 THE CITY OFRENTONt%z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 98055 kiLL MEM B A RBARA Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER O I co• FRED J. KAUFMAN. 2351y/ 2593 94, SEPI N_"- February 9, 1483 Members of enton City Council Renton, Was 'ngton Dear Council Members: May I sugge that the reclassification of both the Bennett-Multivest property and the G.M. propert, has possibly created the need to review the Comprehensive Plea, for the Northea "u:drant. The Comprehensive Plan still leaves open two additional intersection quadrant&fo potential community shopping centers If that is not your intended policy, then re-revie may be appropriate. The multiple shopping center provision already has led to a complicated review of the above pr;ope ies and an unIfortunately combative attitude among those parties. Clarification of the Comprehensive Plan in this area would avoid such complexities in the future. i; If this office an be of further assistance in this matter, do not hesitate to call. Sincerely;i t1 1s Fred J. Ka an Land Use 1;He:ring Examiner FJK:wr 0018E cc: Mayor City Cler Policy'IDe elopment II it OF R r OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON O U `$ 0 Z POST OFFICE BOX 626 100 S 2nd STREET • RENTON. WASHINGTON 98057 255-8678 n — LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9A O' DAVID M. DEAN, ASSISTANT CITY ATTORNEY 0 Q` MARK E. BARBER, ASSISTANT1 CITYATTORNEYgTFoSEP1' August 1 , 1983 ZANETTA L.FONTES, ASSISTAN I CITY ATTORNEY 6 n 11 ,cq C:f,'.-tcl ^' I pa'i{ TO : Roger Blaylock.,' Zoning Administrator i FROM: Lawrence J. Warren, City Attorney AUG 2 1983 RE: Multivest Rezone. - De.r Roger : En• losed please 'find the Policy of Title Insurance issued by First American Title Insurance Company re the above-captioned master. 6211- 451s-eltit ' Lawrence . Warren LJ' :nd En 1. I Jacket - :orm No. 1402 170) ._ SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $238.75• Policy No. 71499 Am•int of Insurance: $43,000.00 Cover No. D-372865 Dat- of Policy: December 29, 1982 at 8:00 a.m. 1. Name of Insured: MJLTIVEST, LTD. , a Washington corporation, as to an undivided 50% interest, DELBERT C. BENNETT and BETTE A. BENNETT, as to an undivided 25% interest, JAMES L. MA^STADT and LINDA MAUSTADT, as to an undivided 12.5% interest and CHARLES E. (MEN, as to an undivided 12.5% interest; as nominees for a partnership to be formed 2. The estate or interest referred to herein is at Date of Policy vested in: MULTIVEST, LTD: , a Washington corporation, as to an undivided 50% interest, DELBERT C. BENN1 rr and BETTE A. BENNETT, husband and wife, as to an undivided 25% interest, DAMES L. MPZSTADT and LINDA MPST.ADT, husband and wife, as to an undivided 12.5% interest and CHARLES E. C1EN, as his separate estate, as to an undivided 12.5% • interest, as nominees for a partnership to be formed 3. The estate or interest in the land described in Schedule C and which is covered by this policy is: FEE SIMPLE ESTATE AS TO PARCEL A AND AN EASEMENT INTEREST ONLY AS TO PARCEL B 1 Form No. 1402(1/70)g ?as I'; i + ItClALTAOwnersPoicy j Et 0/ 4 L7,.YFormB— 1970 Amended 10i 17-70) S AMER - C El; POLICY OF TITLE INSURANCE ISSUED BY fi st American Title Insurance Company SUBJECT TS THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE P 'OVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE OMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule , against loss or dams'.- exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fee and expenses which t • . pany'may become obligated to pay hereunder, sustained or incurred rby the insured b reason of: 1. title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. any defect in or lien or encumbrance on such title; 3. lack of a right of access to and from the land; or 4. unmarketability of such title. IN WITNESS WHEREOF, First American Title Insurance Company s caused this policy to be signed and sealed by its duly a thorized officers as of Date of Policy shown in Schedule A. e` i c, N r s ' First American Title Insuranc Company o.T 0• I , 13 BY PRESIDENT g WIPi§PEii 24, I i/£3 ATTEST 11 SECRETARY KI?.+.F. ..... D i' SCHEDULE OF EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY: 1. ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING ORDINANCES) RESTRICTING OR REGULATING OR PROHIBITING THE OCCUPANCY, USE OR ENJOYMENT OF THE LAND,OR REGULA ]NG THE CHAR- ACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND, OR .•OHIBITING A SEPARATION IN OWNERSHIP OR A REDUCTION IN THE DIMENSIONS OR AREA OF THE LAND,OR THE EFFECT OF A Y VIOLATION OF ANY SUCH LAW, ORDINANCE OR GOVERNMENTAL REGULATION. . 2. RIGHTS OF EMINENT DOMAIN OR GOVERNMENTAL RIGHTS OF POLICE POWER UNLESS NOTICE OF THE EXERCISE 0' SUCH RIGHTS APPEARS IN THE PUBLIC RECORDS AT DATE OF POLICY. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS, OR OTHER MATTERS (a) CREATED,SUFFERED, ASSUMED OR GREED TO BY THE INSURED CLAIMANT; (b) NOT KNOWN TO THE COMPANY AND NOT SHOWN BY THE PUBLIC RECORDS BUT 4 OWN TO THE INSURED CLAIMANT EITHER AT DATE OF POLICY OR AT THE DATE SUCH CLAIMANT ACQUIRED AN ESTATE OR INTEREST INSURED BY THIS POLICY AND NOT DISCLOSED IN WRITING BY THE INSURED CLAIMANT TO THE COMPANY PRIO' TO THE DATE SUCH INSURED CLAIMANT BECAME AN INSURED HEREUNDER; (c) RESULTING IN NO LOSS OR DAMAGE TO THE INSU-, D CLAIMANT; d) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (e) RESULTING IN LOSS OR DAMAGE WHICH WO LD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE ESTATE OR INTEREST INSURED B I THIS POLICY. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS insured in all litigation consisting of actions or 4. NOTICE OF LOSS — LI ITATION OF The following terms when used in this Proceedings commenced against such insured, or a ACTION policy mean: defense interposed against an insured in an action In addition to the notices) required under to enforce a contract for a sale of the estate or paragraph 3(b)of these Conditions. d Stipulations, a) "insured": the insured named in interest in said land, to the extent that such liti- a statement in writing of any los or damageforScheduleA, and, subject to any rights or defenses gation is founded upon an alleged defect, lien, which it is claimed the Compan is liableundertheCompanymayhavehadagainstthenamedin- encumbrance, or other matter insured against this policy shall be furnished t., theCompanysured, those who succeed to the interest of such by this policy. within 90 days after such loss or d. age shallhaveinsuredbyoperationoflawasdistinguishedfrom b)The insured shall notify the Company been determined and no right of ac ons hallaccruepurchaseincluding, but not limited to, heirs, distributees,devisees,survivors,personal represents- promptly in writing (i) in case any action or pro- to an insured claimant until 30 lays after such tives, next of kin, or corporate or fiduciary ceeding is begun or defense is interposed as set statement shall have been furnis ed. Failure to successors. forth in (a) above, (ii) in case knowledge shall furnish such statement of loss .0 damage shall come to an insured hereunder of any claim of title terminate any liability of the Corn.any under this b) "insured claimant": an insured or interest which is adverse to the title to the policy as to such loss or damage. claiming loss or damage hereunder. estate or interest, as insured, and which might c) "knowledge": actual knowledge, cause loss or damage for which the Company may not constructive knowledge or notice which may be be liable by virtue of this policy, or (iii) if title to 5. OPTIONS TO PAY OR OT IERWISE SET- imputed to an insured by reason of any public the estate or interest, as insured, is rejected as un TLE CLAIMS records. marketable. If such prompt notice shall not be given to the Company, then as to such insured all The Company shall have the option to pay or d) "land": the land described, speci- liability of the Company shall cease and terminate otherwise settle for or in the name of an insured fically or by reference in Schedule C,and improve- in regard to the matter or matters for which such claimant any claim insured against 'r to terminate ments affixed thereto which by law constitute real • prompt notice is required;provided,however,that all liability and obligations of the +Dompany here- property; provided,however,the term"land"does failure to notify shall in no case prejudice the under by paying or tendering p. ment of the not include any property beyond the lines of the rights of any such insured under this policy unless amount of insurance under this ..licy together area specifically described or referred to in Schedule the Company shall be prejudiced by such failure with any costs, attorneys' fees an. expenses in- C, nor any right, title, interest, estate or easement and then only to the extent of such prejudice. curred up to the time of such payme1 t or tender of in abutting streets, roads, avenues, alleys, lanes, payment, by the insured claimant . d authorized ways or waterways, but nothing herein shall modi- c)The Company shall have the right at its by the Company. fy or limit the extent to which a right of access to own cost to institute and without undue delay and from the land is insured by this policy. prosecute any action or proceeding or to do any other act which in its opinion may be necessary or e) "mortgage": mortgage, deed of desirable to establish the title to the estate or in- 6. DETERMINATION AND P YMENTOFtrust, trust deed, or other security instrument. terest as insured, and the Company may take any LOSS f) "public records": those records appropriate action under the terms of this policy, which bylaw impart constructive notice of matters whether or not it shall be liable thereunder, and a) The liabilityof the Comp. ypshallnottherebyconcedeliabilityorwaiveanylet under this relating to said land. policy shall in no case exceed the le: t of: provision of this policy. d)Whenever the Company shall have i) the actual loss o' the insured 2. CONTINUATION OF INSURANCE AFTER brought any action or interposed a defense as re claimant; or CONVEYANCE OF TITLE quired or permitted by the provisions of this policy, ii) the amount of insu :nce stated in The coverage of this policy shall continue in the Company may pursue any such litigation to Schedule A, force as of Date of Policy in favor of an insured so final determination by a court of competent juris- long as such insured retains an estate or interest in diction and expressly reserves the right, in its sole b)The Company will pay, i addition to the land,or holds an indebtedness secured by a pur- discretion, to appeal from any adverse judgment or any loss insured against by this polic all costs im- chase money mortgage given by a purchaser from order. posed upon an insured in litigation .arried on by such insured, or so long as such insured shall have the Company for such insured, al d all costs, e) In all cases where this policypermitsliabilitybyreasonofcovenantsofwarrantymade attorneys' fees and expenses in liti :tioncarriedorrequirestheCompanytoprosecuteorprovidebysuchinsuredinanytransferorconveyanceofonbysuchinsuredwiththewritten -uthorization such estate or interest; for the defense of any action or proceeding,the in- provided, however, this sured hereunder shall secure to the Company the of the Company. policy shall not continue in force in favor of any right to so prosecute or provide defense in such ac- c)When liability has been definitelyfixedpurchaserfromsuchinsuredofeithersaidestateor tion or proceeding,and all appeals therein,and per- in accordance with the conditions o this policy,interest or the indebtedness secured by a purchase mit the Company to use,at its option,the name of the loss or damage shall be payable w hin 30daysmoneymortgagegiventosuchinsured. such insured for such purpose.Whenever requested thereafter. by the Company, such insured shall give the 3. DEFENSE AND PROSECUTION OF AC- TIONS — NOTICE OF CLAIM TO BE Proceeding, in effecting settlement, securing evi- Continued on inside back ever) GIVEN BY AN INSURED CLAIMANT Bence, obtaining witnesses, or prosecuting or de fending such action or proceeding,and the Company a)The Company,at its own cost and with- shall reimburse such insured for any expense so out undue delay,shall provide for the defense of an incurred. I. CONDITIONS AND STIPULATIONS I Continued from inside front cover) 7. LIMITATION OF (ABILITY 10. APPORTIONMENT 12. LIABILITY LIMITED TO THIS POLICY No claim shall arise •r be maintainable under 1 If the land described in Schedule C con- This instrument together with all endorse- this policy(a)if the CQmpa y,after having received sists of two or more parcels which are not used as ments and other instruments, if any, attached notice of an alleged defect lien or encumbrance in- a single site, and a loss is established affecting one hereto by the Company is the eptire policy and sured against hereunder, b litigation or otherwise, or more of said parcels but not all, the loss shall contract between the insured and the Company. removes such defect) lien or encumbrance or es- be computed and settled on a pro rata basis as if Any claim of loss or damage whether ornottablishesthetitle, as,insu ed, within a reasonable the amount of insurance under this policy was di- based on negligence, and which arises out ofthetimeafterreceiptofsuchnotice; (b) in the event vided pro rata as to the value on Date of Policy of status of the title to the estate or interestcoveredoflitigationuntiltherehabeenafinaldetermina- each separate parcel to the whole,exclusive of any hereby or any action asserting such claim, shallbetionbyacourtofcopet-nt jurisdiction,and dis- improvements made subsequent to Date of Policy, position of all appeals th:refrom, adverse to the unless a liability or value has otherwise been agreed restricted to the provisions and conditions and title,as insured, as provid•d in paragraph 3 hereof; upon as to each such parcel by the Company and stipulations of this policy. or (c) for liability voluntarily assumed by an in- the insured at the time of the issuance of this No amendment of or endorsement to this sured in settling any clai or suit without prior policy and shown by an express statement herein policy can be made except by writing endorsed written consent of the C.mpany. or by an endorsement attached hereto. hereon or attached hereto signed by either the Presi- dent, a Vice President, the Secretary, an Assistant 8. REDUCTION OF (ABILITY I Secretary, or validating officer or authorized signa-11. SUBROGATION UPON PAYMENT OR All payments under this policy,except pay- SETTLEMENT tory of the Company. ments made for costs, .ttorneys' fees and ex- penses, shall reduce the a ount of the insurance Whenever the Company shall have settled a 13. NOTICES,WHERE SENT pro tanto. No payment .hall be made without claim under this policy, all right of subrogation All notices required to be given the Company producing this policy fo endorsement of such shall vest in the Company unaffected by any act of and any statement in writing required to be fur- payment unless the policy be lost or destroyed,in the insured claimant. The Company shall be subro- nished the Company shall be addressed to it at its which case proof of such loss or destruction shall bated to and be entitled to all rights and remedies main office at 421 North Main Street,Santa Ana, be furnished to the Satisf-ction of the Company. which such insured claimant would have had against California,or to the office which issued this policy. any person or property in respect to such claim 9. LIABILITY NONC MULATIVE had this policy not been issued,and if requested by the Company, such insured claimant shall transfer It is expressly under- ood that the amount of to the Company all rights and remedies against any insurance under this polic shall be reduced by any person or property necessary in order to perfect amount the Company ma pay under any policy such right of subrogation and shall permit the insuring either (a) a ortg:ge shown or referred to Company to use the name of such insured claimant in Schedule B hereofjwhi•h is a lien on the estate in any transaction or litigation involving such rights or interest covered bylthis •olicy,or(b)a mortgage or remedies. If the payment does not cover the hereafter executed by an i sured which is a charge loss of such insured claimant,the Company shall be or lien on the estate or interest described or re- subrogated to such rights and remedies in the pro- ferred to in Schedule A, and the amount so paid portion which said payment bears to the amount of shall be deemed a paymen under this policy. The said loss. If loss should result from any act of such Company shall have the op ion to apply to the pay- insured claimant,such act shall not void this policy, ment of any such mort•ages any amount that but the Company, in that event,shall be required otherwise would be paya.le hereunder to the in- to pay only that part of any losses insured against sured owner of the estat= or interest covered by hereunder which shall exceed the amount, if any, this policy and the amoun so paid shall be deemed lost to the Company by reason of the impairment a payment under this policy to said insured owner. of the right of subrogation. I 1 POLICY OF TITLE INSURANCE AMER t N•7". 4y First American Title Insurance Company HOME OFFICE: SANTA ANA CALIFORNIA Schedule C Policy No. 71499 e land referred to in this policy is situated in the State of W.•shington, County of King and is described as follows: Pn •CEL A: e East 98 feet of the West 273 feet of the North 60 feet of the South 4 '0 feet of the West half of the East half of the Southwest quarter of }+,.,n ,$W''41 oR. Section 10, Township 23 North, Range 5 East W.M., in King County, W. shington. P°RCEL B: easement for ingress and egress, 15 feet in width, the centerline described as follows: B:•ginning at the Southwest corner of said Section 10; ence South 88°02'43" East 821.38 feet; t ence North 0°17',32" West 30 feet to the point of beginning; t ence North 0°17'32" West 626.76 feet to the North line of said s ivision; a_CEPT any portion thereof lying within the above described main tract. B th situate in the City of Renton, County of King, State of W. shington. I I v-RDER NO. 7/ çqq 1 ESCROW NO. MORTGAGOR• 5,A1P4SSECTION/P—PrOWIsSlina RANGE 5. 1 0e. Z. e9 A6• 04 1 324. 0/ 324. 02 t 4- 34.1Gs 75 — 0 p I ANI1ii3rnr CO3 tr) 98 A 6Aa. I 1 0,i2 AG't I Iti'",s 4- ., dry I K QV 1 14 is a IL N\ CO i N p itl 43. ( IL Z 2 tat At. 1.: i''''' el},, 7 I /. IL 2PG' c 6'" i-is i4Es.z2 . 309.2/ W/,6 1II itS80/'362 ir 4536/2 4 ra6/27 / Si s.1 s ENflw' o W 7_a9 F /?O i fO/d /Pd• /V /74, L_ I f29? 6 r==— N:88 O. I This map does not purport to show all highways, roads or easements affecting said property; no liability is assumed for variations in dimensions and location. a i,„ oF ggf} dt THE RENTON CITY COUNCIL ANk; MUNICIPAL BUILDING • 200 MILL AVENUE SOUTH • RENTON, WASHINGTON 98055. 235-25860amt. 09, o W 0' TEa SEP1 I July 4, 1983 Mr. M, ke Smith i Benne t-Mul t ivest 1234 •outh 3rd Rent. , WA 98055 RE: Sennett-Multivest Rezone, R-024-82 Dear r. Smith: The C ty of Renton, in checking the legal description of the signatures on' th- restrictive covenants of the subject rezone, has determined that not o ly Water District #90 did not sign the restrictive covenants, but anoth- r small parcel likewise did not sign. Since the City Council has waive. the signature of Water District #90 only and not this other parcel , no' fu ther action will be taken on the rezone until correctly signed and filed restrictive covenants have been presented to the city. The Ways and Means Committee of the Council has set a deadline of July 29, 1983 or presentation! of this material to the city. If it is not presented, the c ty will consider the rezone application as lapsed. Very ruly yours, i is_ iv 640) Lawre ce J. Warren j City •ttorney LJW:b. cc: ity Clerk/ earing Examiner! olicy Development ul Iding and Zoning ays and Means Committee11:1) ECIEDWIE7-1% yor JUL 14, iyu3Ull L_, CITY CLERK bey-F , - A fidavit of Publicationtt; 1 ti `R E( ITY OF RENTON,• . :.'panarniaRnraII Wieadei STATE 0' WASHINGTON WASHINGTON "},;.. i COUN Y OF KING ss. 2AF''INANCE NO.374 :q 1~. ry' ORDINANCE OFRENOT0 Rio; i _ for U.S. troop pul,lb t, THEIN ZONING, G, C PANAMA CITY Panama—PresidentRicarZONMGCO, •C ndy S' rupp ATION OF CERTAit Central American peace efforts,called on Presjc back American forces sent to the area for mili' p she chi Clerk The Panamanian leader, in an interview wit!: oath,de oses a d says that is the of--- protested the United THE DAILY RE ORD CHRONICLE,a newspaper published six(6)times a l' • D former U.S. Canal Zt week.Thatsaid newspaper is a legal newspaper and it is now and has been planes over CentralAformorethan .ix months prior to theldate of publication referred to, printed and pub'ished in the English language continually as a newspaper We want the canal t published four(•)times a week in Kent,King County,Washington,and it is the best interest of PG now and during all of said time was printed in an office maintained at the i the whole world.” aforesaid place of publication of said newspaper.That the Daily Record i In the hour-long interview,the 48-year-old de Chronicle has b•en approved as a legal newspaper by order of the Superior i economist,sounded frustrated and wearied bytiCourtoftheComyinwhichitispublished,to-wit,King County, tcq,ease international tension in Central.Americi topple the U.S.-backed government of El Salk Washington.Th:t the annexed is a Ord...#.37.4.3 leftist-led Nicaragua and U.S.-allied Honduras Time is running out,"the Panamanian said." I the fate of Central America. . :it could ignite Aire-plagued residents vote on t ; as it was published in regular issues(and not in supplem;nt form of said newspaper) once each issue for a period CENTRALIA, Pa.—Residents of this'central Thursday on whether they want to go on endurin , mine fire that has burned for 21 years,or accept. ' the town. of a consecutive issues,commencing on the Leaders of the community of 1,000 were relucti : i the non-binding referendum,which state official 12thday of August 19 83 , and ending the atg idea of how many people would want to stay d fire.But many of those who went to the lone voti said they preferred abandonment. I would like to stay in my home,but I do not w . day,of 19 both dates 1 gases,"said Mary Tyson,a 70-year-old Centralia ,inclusive, and chat such newspaper was regularly distributed to its sub- scribers durin_ all of said period. That the full amount of the'fee J 1 Administration plans nuclear wet charged for th- foregoing publication is the sum of $1,11...6 dvhich , 7ASHINGTON—The Reagan administration ' has been paid i, full at the rate of per folio of one hundred words for the ; ! to"proceed with a new$3 billion to$6 billion n first insertion .nd per folio of one hundred words for each subsequent ,manufacturing more explosives for atomic bom insertion.Energy Secretary Donald Hodel ordered envir on the suitability of building the so-called"New government's Idaho Falls National Engineering The announcement immediately drew anangri1.- Thurmond,R-S.C.,chairman of the Senate Armes 1 . Chief-Clerk Meat prices expected to climb Subscribed,and'.worn to before me this 12th day of 1 WASHINGTON — This fall's corn harves . withered by summer heat and last winter's deci Augus.t 19.83... Sion by the Reagan administration to reduc production,is expected to be down 38 percent t • 5.24.billion•bushels,,the'government said Thurs day:That ortends=hi'"her`meat rites in suet 1,1 Notary Public ' nd for the State of Washington, g .,, ' . ...-p ng atXXIX;King County. aklarkets. - -- F de al - rY t*F' Passed by th-Legislature,1955,known as Senate Bill 281,effective June tr 9th, 1955. Western Un'on Telegraph Co. rules for counting words and figures, adopted by t e newspapers of the State. I lVN#87 Revi ed 5/8 Schedule B art Two:Policy No. '71499 1. EASEMENT AND CONDITIONS CONTAINED THEREIN AS GRANTED IN INSTRt1ENT: Recorded: December 22, 1944 Recording No. : 3436380 In favor of: . Puget Sound Pcwer and Light Conpany, a Massachusetts corporation For: Electric transmission and distribution line and appurtenances thereto Affects: Along the West side of an existing private road or said road produced North Said instrument contains the following: Rights of access for purposes of maintenance or repair. Right to cut ;or trim all brush or timber which constitute a danger to said line. EASEMENT AND CONDITIONS CONTAINED THEREIN AS GRANTED IN INSTRU'4ENT: ' Recorded: June 5, 1946 Recording No. : 3575605 In favor of: The Pacific Telephone and Telegraph Company, a California corporation For: Lines of telephone and telegraph or other communication circuits and appurtenances thereto Affects: The East 148.1.9 feet of the West half of the Southeast quarter of the Southwest quarter of the Southwest quarter EASEMENT AND CONDITIONS. CONTAINED THEREIN AS CREATED OR DISCLOSED IN INSTRUMENT: Recorded: December 7, 1955 Recording No.: 4643925 For: The right, privilege and authority to construct, ,improve, repair and maintain an easement for ingress' and egress 15 feet in width Affects: Over the West half of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East W.M. , the center line of which is described as follows: Coiurencing at r Continued . ,. :- . . . Schedule B - Part Two)Policy,;No. 71499 the Southwest corner of said Section 10; thence South 88°02'43" East 821.38 feet; thence North 0°17'32" West 30 feet to point of beginning; thence North 0°17'32" West 626.76 feet to the North line of said subdivision 1 4. DEED OF TRUST AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS THEREOF: Grantor: Lloyd P. La Plante, an unmarried man Trustee: Pioneer National Title Insurance Company Beneficiary: United Savings and Loan Association, a Washington , Corporation ti Original Amount: $19,800.00, plus interest Dated: September 11, 1978 Recorded.: September 15, 1978 Recording No. : 7809150633 1 5. DEED OF TRUST AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS THEREOF: 1 Grantor: Edward J. Porter and Mary E. Porter, his wife Trustee: Commonwealth Land Title Insurance Conpany, a corporation Beneficiary: Lloyd P. La Plante and Jodie La Plante 1 Original Amqunt: $35,000.00, plus interest Dated: February 22, 1980 Recorded: February 28, 1980 1 Recording NO. : 8002280063 By reason of resignation of the previous trustee, John S. Astle was appointed new trustee in instrument recorded under No. 8102060789. f I. Renton City Council August 8, 1983 Page Four Planning and provision of the draft proposal requiring approval of themobileDevelopmenthomeparkplanunderthecriteriaofconditionaluse (Sectiion Committee 4-748) should be deleted. MOVED BY ROCKHILL,, SECONDED BY REED, continued COUNCIL CONCUR IN THE RECOMMENDATIONS OF THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. ORDINANCES AND RESOLUTIONS Ways and M ans Ways and Means Committee Chairman Clymer presented a report Committee recommending the following ordinances for second 6 final reiadings: Ordinance #3742 An ordinance was read annexing certain property, Lot 5 in Block 2 Ashley Annexation of Hilltop Heights Addition, to the City of Renton; Ashley petition. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #3743 An ordinance was read changing the zoning classification of Bennett-Mu"ti- property located on the north side of NE 4th Street approximately vest Rezon ._1950 feet east of Union Avenue NE from General Classification District (G-1) and Residence District (R-3) to Business District B-I ) for Bennett-Multivest, et al , File No. R-024-82 (first reading 6/20/83) . MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. Upon inquiry, it was noted that discrepancies in legal description of the subject site will require resolution between current owner and prior owner, but will not affect restrictive covenants executed on behalf of the city. ROLL CALL: 5 AYES: TRIMM, MATHEWS, ROCKHILL, I HUGHES, CLYMER. 2 NAYS: REED, STREDICKE. CARRIED. Ways and Means Committee Chairman Clymer presented the following ordinance for first reading: LID 328 (Garden An ordinance was read ordering construction and installation of Avenue North) curbs and gutters, sidewalks, street lighting, utility adjustments; storm drains and all necessary appurtenances on Garden Avenue -N. from N. 4th to N. 8th Street in accordance with Resolution No. 2511 establishing LID 328 (includes summary ordinance) . MOVED BY CLYMER, SECONDED BY HUGHES, THIS MATTER BE REFERRED BACK TO COMMITTEE FOR ONE WEEK. Administrative Assistant Parness advised that funds will not be expended on the project until expiration of the period during which protests may be filed. MOTION CARRIED. Ways and Means Committee Chairman Clymer presented the following resolution for reading and adoption: Resolution #2523 A resolution was read authorizing request for allocation of Requestlfor certain Federal funds for project to rehabilitate and mark Allocation of taxiways and project to install airport fencing (ADAP Grant) FederalfFunds at Renton Municipal Airport. MOVED BY CLYMER, SECONDED BY Airport Projects) HUGHESJ COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIEDI. Voucher Approval Ways and Means Committee Chairman Clymer presented a report recommending approval of Vouchers 52365 through 52567 in the amount of $963,997.03, having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 52355 through 52364 machine voided. Warrants included LID 314: $362,958.27. MOVED BY ' CLYMER, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. NEW BUSINESS Councilman Stredicke requested the Administration supply him ParkinglAlong with copies of preliminary drawings of the area surrounding! Lake Washingtcn Gene Coulon Park to aid in determining whether parallel parkins Boulevard can bedaccommodated along Lake Washington Eoulevard for park patrons, since he felt.an extreme amount of property is posted no parjking." Mayor Shinpoch reported receipt of a letter from State Department of Transportation indicating plans to construct a bicycle trail from Factoria to Renton along the edge of Lake Washington Boulevard. Captain Don Persson advised major concern of Police Department that safety of pedestrian traffic will be greatly, hampered if parking is allowed on that dangerous roadway. Considering these facts, Councilman Stredicke felt that offL pavement pedestrian and bicycle facilities ought to be investigated. j I j WAYS AND MEANS COMMITTEE I COMMITTEE REPORT AUGUST 8, 1983 I ORDINANCES AND RESOLUTIONS I The W ys and Means Committee recommends the following ordinances for second and f nal reading: Ashley Annexation 1 Bennett-Multivest Rezone i The W lys and Means Committee recommends the following ordinance and summary ordin nce for first reading: 1 Construction of LID 328 (Garden Ave. N.) .3x--''''"- '"3''` f i I r The W ys and Means Committee recommends the following resolution for reading and adoption: Allocation of !Federal Funds for Renton Airport Projects i APPROVAL OF VOUCHERS 1 The W ys and Means Committee recommends approval of Vouchers No. 52365 throu h No. 52567 in the amount of $963,997.03. r— C;),-__QENC)---A--)",.. Earl lymer, Chairman 1 1 Ri cha d red i cke Robe Hughes i OF R,E I h lb , I ,,. 0 THE CITY OF RENTON r MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o o BARBARA Y. SHINPOCH. MAYOR MAXINE E.MOTOR 9, 0 O' CITY CLERK • (206) 235-2500 04)41. SEPS4e 1 Augu.t 10, 1983 Paci is Land Research 1140 - 140th Avenue NE Bell -vue, WA 98005 1 Atte tion: Mr. Michael L. Smith, President. Subj:ct: City of Renton - Ordinance No. 3743 l Bennett Multivest Rezone 024-82 Dear Mr. Smith: . The Benton City Council at its regular meeting of August 8, 1983, has adopted Ordinance No. 3743 rezoning your property from General Class- ific.tion District (G-1) and Residence District (R-3) to Business District B-1 ) file number R-024-82 Bennett-Multivest, et al . A ,co lili of the above-referenced ordinance is enclosed. Si,nc rely yours, CITY OF RENTON Maxin E. Motor City ' l erk. MEM:de enclo.ure cc: earing Examiner I I CITY OF RENTON,. WASHINGTON I ORDINANCE NO. 3743 I AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ' ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM GENERAL CLASSIFICATION DISTRICT (G-1) AND RESIDENCE DISTRICT (R-3) TO BUSINESS DISTRICT (B-1) R-024-82 -Bennett-Multivest , et al) WHEREAS under Chapter 7 , Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton"„ .s amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as General Classificatlion• District (G-1) and Residence District (R-3) ; and WHEREAS a proper petition for change of zone classification of I said prop rty has been 'filed with the Building & Zoning Department on or about March. 19, 1982., which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having be n held thereon on or about June 29, 1982 , and said matterhavingi been duly considered byl the Hearing Examiner and the Hearing Examiner having fo nd that with certain conditions said zoning request is in conformity with the City` s Comprehensive Plan, as amended, and the applicant having appealed certain of those conditions to the City Council and the' C' ty Council having modified the conditions imposed by the Hearing; E aminer, and all parties having been heard appearing in support or in opposition thereto , NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : 1- i SECTION I : The following described property in the City of Renton is hereby rezoned to Business District (B-1) as hereinbelow speciif ed; subject to the findings , conclusions and decision of the Hearin: Examiner datled July 21 , 1982, as modified by the City Council ; the Bu lding and Zoning Director is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said . rezoi ,g, to-wit : See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. Said property being located on North side of N.E. 4th Street approximately 950 feet east of Union Avenue N.E. ) AND SUBJECT to that certain Declaration of Restrictive Covena is executed by Petitioner-Owners on or about July 27, 1983 re- and recorded in the office of the Director of Records and Elections I I Receiv.ng No. 8307271099 and which said Covenants are hereby incorp•rated and made a part hereof as if fully set forth. SECTION II : This Ordinance shall be effective upon its passag= , approval and five days after its publication. PASSED BY THE CITY COUNCIL this 8th day of August , :1983 . I Maxine E. Motor , City Clerk APPROVED BY THE MAYOR this 8th day of August 1983. JAM') S4u.n, o4v Barbara Y. Shinpoch, Mayor Approved as to form: r 4 Lai• ence J. Wa ? e Citty..,:ttorney Date 'of Publication: August 12, 1983 r j ORDINANCE NO. 3743 EXHIBIT "A" 1. ! L° ,, LEGAL DESCRIPTION FEB - 11983 Rezone R-024-82 Bennett-Multivest, et al B LL;W:3.ZOfr;JN'I3 DEPT. Revised 8/1/83• PARCEL A. k The Wet 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township,23North, Range 5 East, W.M. :1 EXCEPT the North 629 feet thereof; AND EXCEPT the West 305 feet of-the South ,5 feet of the North 694Jf'eet of said sub- division; AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet of said subdivision; AND EXCEPT that portion thereof described as follows: Beginning _.t 'a point 30 feet North of the Southeast corner of said West 1/2 of the Southwest /4 of the Southwest 1/4 of said Section 10; thence West ,250 feet; thence North 436 eet; thence East 25Q feet; thence South 436, feet to the point of beginning;,AND EXCEPT th'e Southerly. 42 feet of said subdivision for S.E. 128th Street as conveyed to King;Co my by deeds recorded under Recording Nos. 5741040 and 5741044; AND EXCEPT the Westerly Westerly 40 feet of said subdivision for Union Avenue N.E. ; PARCEL B , That poittion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Sect ion 10, Township 2 North, Range 51East, W.M. , described as follows: Beginning 42 feet North and 75 feet West of the Southeast corner of said West 1/2; Thence Wes ' 175 feet; thence North 424 feet; thence East 175; thence South 424 feet to the poi t of beginning; PARCEL C The East 7m feet of the following: Beginning 42 feet North of the Southeast corner of the West 1/2 of the Southwest 1/4oftheSouhwest1/4 of Section 10, Township 23 North, Range 5 East, W.M. in King County, Washington; thence West 250 feet; thence North 424 feet; 1/thence East 250 feet; thence Slut 424 feet to the point of beginning; PARCEL D The West; 175 feet of the South 622- feet of the East half of the Southwest quarteroftheSouthwestquarterofSection10, Township 23 North, Range 5 East W.M. , in King County Washington;f EXCEPT the outh 42 feet thereof conveyed to King County for road'by deed recorded under Relcor'ing No. 57905051. Situated in the City of Renton, County of King, State of Washington PARCEL Ej The South 1 2 of the West 1/2 of the East 1/2 of the Southwest quarter oftheSouthwestqarterofSection10, Township 23 North, _Range 5, East, W.M. , in King Co. , WA. , EXCEPT the outh 622 feet :of. the West 175 feet, AND EXCEPT the South 470 feet thereof. PARCEL F1 1 The South 2 0 feet of the West half of the East half of the Southwest quarter of the Southwe t quarter, Section 10, Township 23 North, Range 5 East,. W.M. , in King County, Washington; EXCEPT the West 175 feet; EXCEPT the outh 42 feet conveyed to King County for. roa.d..under King County ' • Recording N . 5738286. PARCEL GI The North 1 0 feet of the South 360 feet of the West half of the East half of theSouth- west quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , g County, Washington; . EXCEPT the est 175 feet thereof. I'I 7,11l! 5) I ILegalDesriptionforSubjectRezoneArea6Page2 Ordinance No. 3743 FEB - 1983 PARCEL11-1 The South 470 feet of theSouth 1/2 of the West 1/2 of the East. 1/2 of the Southwest quarter Of the Southwest quarter of Section 10., Township 23 North, Range 5 East, W.M. , in ing County, Washington; EXCEPT, th- West 175 feet thereof; AND EXCEP the South 360. feet thereof, 3 CITY OF REN '''! • 333.1 4: 1. • t:-.E322, •. iir - LT? Earl 5 rri' i t 4 2.67 AC O.6' ii:: 31 I 3o 1 0 L: ii I I , to 14 et School DiStrIC107.36 A c. 8. . ri @ 111 . R1MAR1912e0.614c. 1.ft a " 41 ii en i3 q Z 10 -04,. a gra, i••• EUILDIN61.ZVNIN DEPT. 13. G _ RO4 0 4:7-54.fr I 7, 041 la I.... 10 . le ti 1 , Ili ' i jj, ... RENTaN 6i. • C - R°.4-°-----(-5Afr- - ORPORATE LIM! 4' . i I0P: • ").iollia: 5warn: 3,9: 7 . 2 Llovp., V. 3 Hazel C ° 8 __-.. ." Z- Z.7. 1 .:-.::'x:::zz..7.7_7.r. r IZ t% OM 09.44 0 F , @ 4., 1 vyeber LI 0 81 a'.. EjAc• , .....„ 154.1 • i.• CP r" 3 (394c no . OD (9 5 5i" Rutri Ven mcDwoiniarla E. I 0 (--, , 0.534c 314.4i 134 41 -' I is 0.94 ilc. 309.4 4 0 lams ci.93Ac. f4 1 6, 1 i., ,arue4. Charley Ruc",ke i a, 14 El .J. Davi la,atJdJesen13 i 1„ Or 1 ;fryI. G, 1i 59ACV..) I; 1122 Ac. I 1 • P13,_ • 6.--'' 50 3'iti• el si5851i 2.89r4cIl0.40..-1c. CD • i a u 12:. 6 0 I I 4- gt-Ts- rft 6 a • if 1 r• u Ja Davic Jansen 71 iir,"., u it 114. g 36 4 6 13 4.50 Ac. so d i' . . • r,4 0 I 4 2 as 75 0.9 i-:lilVIJcser,:i ., I 1. 11(1, Z . A1,I Z.: I.• r ," 1 4.) 0 Efil% A.3et wq A 1 4 i72,__i 1,3 fini 479.._.....r•., t.. *. *".. . r 0 ..: n ---r j. 3; 9 I? I I ° Q. 1 ". 1 fl 0-2 5 A C. I I__c Jo;, . q 3110azSo cii- z- It a o ual • ii • L. k a 41 0IF .: x .) 4. 1 • < < Slihr. V. I 11 r. .4.1,..-) i W 1 i Z 4 0 si is W I. ci Cc- 1- 36 e--0,• 0;71A Ul 4 • 2 i,i.43 .K.. i/ -) c: 1 .... ii-.4 •A J 1 I 83 131 IS . . P' 06411 w, xi •- .t------- 4774T .L.„--...77,-,........„ s 1 91111--- H....„:.„.„-,....siTEL.------,...._______,1_,,____ 1 , ,, 6 :( i .- •: ''' : t:•:: L',. . I.t., . ...... REPRODUCTION IN WHOLE ------------- pAviNG 1ROLLMAPCOMPANY, I NC.,,SgATTLEmowP. = 200 FT. • x0PyRIGHT KROU.. !mAp COMPANY, INc. OR PART FOR PERSONAL USEORRESALEISPROHIBITEDBYLAW COUNTY TAXLOT1 7-r•-• --,: e.i.v,•-tf-'1--_-1''.. ite . -'- ':. .14.1.. ---: ••- ., • , ... ,. 4:,-,-,r_,:r-'.•-:.)'-'4..M.0:.!:,'.4:4-'1;:z.i..:?2,(!.',:..T. it4:.;.1;."..!?t:‘,..;..,t,,,'741.1,41,--•-•!-- • .; ,,,-7,..-:;____,,,,-,,.. .34-1- 4-7 I: 1,,.....,;;:-.:../-' 4,y,itz.„,,. .:.i.•••,:.•,_,.., R......?,.... . . 4'• ':. ....,.;,.. y.;',.:".. t";:it.1 ;•2)...4. 1111L 77,;;.......z. 47,';.i .'•:!., ,...-. ....,.....t•i.:-.77.... 9 -4-%... .1.:?.i:.-•...,-*.' ''''-,..- .'..4,:••; •:-..-ic• .1,'-•,..o.,-•• .• .--: ::-.0:..`,.:.,;-"..--''' '-"f`'-•;,.-.':'-.: 1:." •...-,:: '.:-:--.....,..., .....-. •, _ .-,, i 1 A 0OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON V . - 1:. 4 POST OFFICE BOX 626 100 S 2nd STREET • REN70N,WASHINGTON 98057 255-8678 o p GIMP LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9' 0 1 DAVID M. DEAN, ASSISTANT CITY ATTORNEY 09 i qTQ! `e MARK E. BARBER, ASSISTANT CITY ATTORNEY SE August 3, 1983 • ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY, 1 TO : Ways and. Means Committee F OM: LawrenceHJ. Warren, City Attorney Bennett-Multivest Rezone G tlemen: Engineering! Department called me recently and disclosed a further problem with the legal descriptions in the Bennett- M ltive.st Rezone. The deed to Bennett-Multivest dealt with t e Southwest Quarter of Section 10 while the Restrictive C venants dealt! with the Southwest Quarter of the Southwest 1Qu arter of Section 10 . The two legal descriptions. do not cover the same piece of property. The error is apparently a transcription error in the legal descriptions of the property and I have contacted Jim Magstadtwho is representing B nnet-Multivest locally, and asked him to clarify the problem, a d hopefully resolve it . If the problem is as it appears , m rely a transcription__problem, then Bennett-Multivest has m t the Council ! coriditions for the rezone: As . soon as I have a definite word; on what has occurred, I will so advise you. C,c PvL f. Lawrence Warren LJW:nd i cc : Mayor 1 OF R( 1? ti0OFFICE OF THE CITY ATTORNEY. RENTON,WASHINGTON POST OFFICE BOX 626 100 S 2nd STREET • RENTON. WASHINGTON 98057 255-8678 NAL p2' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY DAVID M. DEAN, ASSISTANT CITY ATTORNEY 00ggT MO P July 29, 1983 MARK E. BARBER, ASSISTANT CITY ATTORNEY FO SEP1 ZANETTA L.FONTES,.ASSISTANT CITY ATTORNEY 10: WAYS AND MEANS COMMITTEE ROM: Lawrence 'J. Warren, City Attorney Bennett - Multivest Rezone gentlemen: 1 have been presented with a Deed, policy of title ' nsurance and are-recorded Declaration of—Restrictive dovenants from Bennett----- -Multivest. It- would appear to Me, from a brief review Of- the legal descriptions ontained in `•those_documents _that-Bennett - Multivest . . as title to the -second .parcel of property that was of included in the restrictive covenants . As you ay recall, the Council decided that the first parcel, he Water District parcel, was not necessary asaninclusionintherestrictivecovenants, but the second arcel was necessary. Subject to conformation by the ngineering Department, as ,to the legal description, it ould appear to me that the problems with the second parcel would. ble, removed and this ordinance may be placed n second and if inal-reading.__--- -- a rence J. arren LJW:•bjm f=•;', FI""T AMERIl AN TITLE I .. 1lidis ., r. '1 I 'III P., I,I.Ati..11rA.,D I!LDG 1. ''!.(. DECIARATI( V OF RESI'RLCrrVE'COVENANTS 1 Iv +', , ' ViT EREAS, Deib y C. Bennett and his wife Bette Corporation;, •+ sseyDevelopment Co Multivest L P1'pi Corporation, LTD, and Ring County',,',; :,. : J• N' , F Water District No. 90 are the owners of the following real property in the ' ' `' •'f 1 ' t ,:..C.. ' 1 CiIic c t), of Renton County of King,, State of Washington, described as.follow,s; p ii 'mil e 1.,AS:1 a.• r 1.' . lit j LEGAL DESCRIPTION k .a '. ` D Y y G: ID„ PAJCEL AA: C) odsp1'; :i Ji OfReCTheWest1OfteSouthwest ? •of theSouthwesta of Section 10, Tcxnmsi'23ectior,yNorth, Range S,East, W.M. ;1 E C er the North629 feet thereof; AND EXCEPT the West 3C5 feet of. the South 65 teet of the North 694 feet thereof; AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet thereof; AND EXCEPT tha portion thereof .described as follows: Beginning at a point 30 feet North of the Southeast bonier of said West 1 Of the Southwest 4 of the Southwest 4 of said Section 10; thence West 250 feet; ', ' , r1eTlOe,North 4 6 feet; theme.East 250 teet; thence South; 4316 feet to the point of beginning; AND EXCEPT the post Southerly 42 feet thereof for S.E. 128th St. as coveyed to King County by deeds recorded under Recording Nos. 5741040 and 5741044; AND. WEPT,the st' Westerly 40, teot thereof for, >anion Avenue N.E. ; • . ' I'{•:4'I' I ) I f I P BBf ; 1, That'portion'of the West 1/2'of the Southwest 4 of the Southwest' 4 of i Section , 0, hip _23 .North, Range 5 East, W.M. described as follows: l Beginning 42 feet North and Z5 feet;West of the' Southeast cornea of 'Said West , thence West 175 Feet.; I thence North 42. feet; thence East 175 feet; 1 thence South 142 feet to tt e. point: •of tegirnzing;,. PARCEL C: '. I,. . ' The East 75 fee of the following: f • 19 , I Beginning 42'f t North of the Southeast corner Of the West. t of the Southwest , Vof the Southwest ; of Section 10, Township 23 North, l arge: .5.East; W.M. in King County, TashingtLn;•I • thence West 250 Meet; i thence North 424 feet; thence East 250 eet; • thence South 424 feet to the point of beginning; I . H PARCEL D: i The West 175 fee of the South 622 feet of the East half of the Southwest 1 of the uthwestquarter of Section 1 , PNorth, RangequarterQ .a4unsYii 23 east W.M, , In; Kiang County, Wash ngton; I I A !. I I'II I. 111 111;11. • 'L1 1 EXCEPT the South 42 feet thereof conveyed to King County for road by deed • recorded under Recording No. 579 505. ' Situate in the C'ty of Renton, County of King, State of Washington I' I" PAIL E5 1 The South t of the West 1 of the East 1 of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5, East W.M. , in King County, Washington, except the South 622, feet of the West 175 feet, and except the South 470 feet thereof. . Tf ti i a-g ;getter withan'easement f, ingress and egress -15 feet is, ze width across, aver,,,and upo the West 1 of the Southeast quarter of the Southwest quarter bf the South st quarter of said Section 10, the centerline of which is described as 'follows!: inning at the Southwest corner of said Section 10; thence South 881% ;02' 3" East 821.38•feet; thence North 0' 17'32" West 42 fee to the point 0ofbeginning; thence North 17 32 West 580 feet to the terminus of said line; except that rtion thereof 'included in the hereinabove described main tract. PARCEL F: j T a South 250 feet of .the West half of the East half of the Southwest quarter --. of.the South st quarter, Section '10, Township 23 North, Range 5 East, W.M. in-King Cairn , Washington; EXCEPT the We 175 feet; E?VEPT the1 S th 42 feet conveyed to King County under King County.Recording . • No. 5738286. PARCGG: 1 The.North 110 feet of the South 36U feet of the•West half of the East half ofthe Southwest quarter of the Southwest quarter of Section 10, Township 0 23 North,e 5 East, W.M. , in King County, Washington; EXCEPT the West q 175 feet then f., TOGETHER with an easement for ingress and egress of 15 • test in width over, across and upon the following described real estate in- King County, shington: Over the South 220 feet of the West half oftheCo East half of the Southwest quarter of the Southwest quarter of Section 10, 9 Township 23 N rth, Range 5 East W.M. , in King County, Washington, the centerline of which is defined as follows: Ccnmencing at the Southwest corner of said Q Section 10 - - South 88' 02'43" East 821.38 feet;. thence North 0'17'32" West 30 feet the point of beginning; thence North 0' 17'32" West 220 feet. I • PARCEL H: -, The South 470 feet of the South 3.4 of the West 31 of the East 11 Of the Southwest quarter of.. - Southwest qua .er of Section 10, Township 23 North, Range 5 East, W.M, e, ' King County, Washington; EXCEPT the West 175 feet thereof and k 'T the• • th 360,feet thereof zt 90 fcct of the North 1,,,a- tate-h Together ,with an easement 15 feet in width for roadway and utlities across,. over and 'upon the West 3 of the Southeast quarter.Of the southwest quarter of the Sou -st quarter of Section 10, the centerline of which is described as follows. 1 Beginning at •, .- Southwest corner of said Section 10; thence South 88'02' 43" East U211.38 feet; thence North 0'17'32" West 42 feet to the point of beginning; 'i - North 0'17'32" West 580 feet to the terminus of said line; EXCEPT that •• thereof included in hereinabove described main tract. Tax lot 33i3, . • • section 10, Township 23 North, Range 5 East W.M.) 1 . r: 1 Building Setbacks for Primary Shopping Center Structure Future expansi•n of a primary ishopping center structure eastward from the Safeway store - provide a setback line that is compatible with a unified shopping cen - development approach, while providing architectural and design flexibility. Landscape Buffer ' A minimum ten (10) foot wide landscape buffer together with a site cdbsouring fence shall be provided along the North property line, and a minimum ten (10) foot wide 1- •- -pe buffer shall be provided along the East property line. ... Such buffers - be -installed as part of site development consistent with the extent of ite development phasing. If adaitional property to the East is incorpora =• in the shopping center concept the Easterly buffer may be moved Eastward consistent with such potential future expansion. I I r{s,f DURATION 1/ These . i is shall run with the land and expire on December 31, 2025. If at any t rovements are installed pursuant to these covenants, the portion of the is pertaining to the, specific installed improven nts as required by the Or; s of the City of Renton shall terminate without necessity of further •ft . - tertian. MI y amendments or modifications of this agreement Hohal.l be oval • only if mutually agreed upon by the City of Renton and the Owners (iJK l • g heirs, successors, and assigns to the owners) in writing and recorded with the King County Department of Records and Elections. Proper regal prgoedures in the Superior Court of King County may be instigated • by either: - Citt of Renton'or any property owners adjoining subject property • t- Who are'ad - sely affected by any violation or breach of these restrictive''' ` ` D- its `-.sonable attorney's fees incurred during an enforcement proceeding 0 will be •• - by the parties whin the court determines are in error and shall ' 43 r be entered a- a judgment in such action. s .. pti„,, / ,,' .4 i rf' • -tt s L. Magstadt,t - Landon DeveltIi0 ; •'-' - 4. Aette /Charles Owen, President l i Odyssey Development Corp. a ut - hest LTD• •' a ._... • . State of Wa 1 gton) • t STATE OF WASHINGTON,) ss. County of King l On this 30th day of March 19 83 , before me personally appeared Cheryl A. Henry to me known to be the individual who executed the foregoing instr ment as Attorney in Fact for• Del beet C. Bennett and Bette A. Bennett and acknowledged that She signed the same as her free and voluntary act and deed as Attorney in Fact for said princip• •forthe•uses and purposes therein mentioned, and on oath stated that the Power of Attorney authorizing the execution tihirs-4nuln:,tretjt has n t been revoked and that said principal is now living and is not insane . L" lJGI U tdq r hand,•and official seal the day and year 1 ab e 'teen. i;j.• %C.•r;" Notary Publi n and for the State of Was ington, ACKNOWLfD ENT_:---AORNEY IN FACT r siding at FIRST AME,R N.TITLE CMOMPANY WA-47 • !ie<i,,.. . . K..: j Notary Public in and for the State I of Washington, residing in--- rrogy-..-1 c A I) 1 "4--"'.' '1'7 24e.,1„), L r.,3 JA.IiiS r 1---; day of 19 , before me pen lly appeared a„.,.... grek.trporate epresentative of Landon Development Corp. , the person who executed the within 1-1a foregoing instrument, and acknowledged said instrument to be 1--.-. the free and uluntary act and deed ot said person for the uses and purposes therein mentio; =• . k,..,)H.!:. NW-MESS , IN-Diwo I have her unto set my hand and affixed my offical sRal 1 r., the da.,. andly.= for the above written. if 1 t .. 1r,',,'•,;.,,ii.;?:• :.•••• ,'"n• , A .._, ,.:y -; :r., C ot.l.. 4..!.! oil,,,if, 1•• '•.'....'••-4 '.;• Altivemin‘wii„10:4„,v..e4i,;•,.....,..,)„...„ , .:,:. . i.o -.....,, k-v. de.,-. . , s .,W1.ljc in'arid for the State Ak, , 1; t...;.. : - •gton, residing in ' 4•1'-'s.?..1., to ,';'•••°. :.°.::-., i •-,' e 'I,/.2.- its'..,,,.... -• 1 ,,..,:.,...- .... y,,-•.,.:•• r)f: ,1 I 1,,,,,' i, 5t44..} 24-111 4 On this , day of(—, 1 , 19 /3 , before me personally appeared the 1 gprpqrate rep esentative of Odyssey Development corp. , the person who executed. , 11 instrumnt to be t4eudthin foregoing instilument, and acknowledged said e I the free and luntary act and deed of said persons for the uses and purposes there men . i:-_-: •'• ' - ' IN WIN.= WI4EXF,. I have hereunto set my hand and affixed my offical seal the Oay, and yar for the above written. k.,. ....14-•,•4•:'' '' • 1: .," . I. 4 '- ., ., ' 0.,•.),_,..01-,..j ,? 9,, - .- • 7.... .`"/ % • - -. ; . 4.-**. vIco't i;t:!•.. ,- er ' •I 64... . 0, 4. „,k..o, ti. ., .,, • 4 4.1: 47 • i•9°,7.1 i'l` t • S ';,:•' y 6_, • 4i19 '. .r\ s,.. S',.. 1 i1 •',of Washingtortbsirling ' 0. ',,:. n;4 . lZ,/:0. i .,,. 1 , Z. . 6 j: 'A lP1 4 6.. i. toi, ...oil . ;".:: . • day ot:7IkeLeii- 19 6 1 before me personally appeared . I the Corporate representative of Multivest Development Corp., the person who 1 I executed the 'thin and foregoing instrunent, and acknowleged said instrument to be the t .. and voluntary act and deed of said person tor the uses and purposes , - - . gent:boned. 1 I IN WITNF.S.Si. IN." / I have hereunto set my hand and affixed ny offical seal Vbe .4ay. and' ear,for 'kale ahPve W4tten. iig'? ', 0...... taidi.... . • Iji ',i • 1'0 -• 4 / r, •.; 6 ......vl... 1 -', ,!'. ' e --s. .--, cA 4, • -••• • I! "l`,.... V c Z.,S';* ,,,, ..I ,e'.t. ,:•:.;. ;,.r • 1 ' 11:,ig:•\'o•f.'''' 1'. •':;.---...,« ' • . • , • ::.: :::..'.•... 1 ..!c) -••-•*9 • • • --: • Notary lic in and for State -- 1 ::-. ?.i.2,..r. I---• -",„'z' ::.of Wa ' gton, residing in 1 • —:: • ••. 1...-. •• . I• .' . •• • 1 , I 1 yfterOFR THE CITY OF RENTON POLICY DEVELOPMENT DEPARTMENT • 235-2552 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 P 4o• 094TFOSEP1 •O BARBARA Y. SHINPOCH_ RECEIVEDMAYOR J UN 2 31983 June 23, 19 3 CITY OF RENTON CITY COUNCIL The Honora le Barbara Y. Shin'poch, Mayor Members o Renton City Council Renton,l Wa hington RE: Be ett-Multivest Rezone, R-024-82 - Discrepancies in Application Information and ovenants Dear Mayo and Council Members: City staff, reviewing the restrictive covenants submitted by the applicant, have found a number of discrepancies of which you should be aware before passage of an ordinance reclassify the applicant's property. You are! a eady aware of the fact that, while the applicant submitted an affidavit (see attachment 1) attesting to ownership of the entire acreage portions, the property proved, in fact, to e owned by Water District 90. Therefore, the applicant could not execute covenants conditioning uses of that property; and the pro erty's owner, the Water District, chose not to join in execution. The covenants which the applicant has submitted remain unclear as to whether they do or, in fact,] car restrict the Water District property. Further, after review of the legal boundaries of the applicant's proposed shopping center, it is apparent that the applicant submitted both plot plans and boundary maps which included additional property which is not owned by the applicant. While the li gal description s Ibmitted by the applicant did not include this property, the maps relied on by staff in reviewing the request were inaccurate. As a result, the review failed to take account of Parcel 373, 4316 N.E.'4th Street, (see map) which would remain an island of unprotected and isolated single family residential zoning in the midst of a B-1 District shipping center. The a pplice t, through inadvertence, failed to note this in any presentation and permitted the staff to overlook this important aspect of the request. D The Honor ble Barbara Y. Shinpoch, Mayor Members o Renton City Council June 23 1983 Page 2 The applic nt, therefore, cannot speak for either the Water District property or this additional roperty. Any covenants which -run-with the land cannot be used to protect either the ity's interest in well planned development, or without modification can the applicant's covenants protect the island of single family zoning. The ordina ce and covenants as written did not consider the excluded property, and any further;act on by you should consider this fact. Very. ru y ousdifetere avid I. Clemens Policy Dev I lopment Director DRC:FJIR: 0183G , Attachm en s 123IIQ- usist I t van ISUILCANG/ZoNING DEPT. 10, K.0",;;I! .- • , t;;,.,=i,-c'.';' • ' , 1 7, Inv/ !former t being duly sworn, declare thatIoperty am Ermeroteprolswoveinthis application and thattheforegoingstatementsandanswershereincontainedandtheinformationherew.iith submitted are in all respects. true and correct to the bestofmyknoWldgeandbelief.. • i,:, .... . ._ •....-_,-. -. 1....., i • 1 Subscribe and 'sworn before me this IIn, day ocLI.IL.,221 19e2. , Notary Pu lic in and for the State of Washingto , residing .at, 12_______. y• Yc 1 Name-0 , ary Pu c Sign ture o er 1 711/0 in ess) I 47122 108 th Ave. SE Suite 200 Addr Renton, Washington 98055 City State 255-9448 - WiliFFEE61------------------- FOR OFFICE USE ONLY) CERTIFICATION This is tic) , ertify that the foregoingpplication has been inspected by me and has b10el found to be thorough and complete in every particular andtoIconformtOtherulesandregulationsotheRentonPlanningDepartmentgoverningtiefilingofsuchapplication. Date Rece v -d 19._ By: Renton Planning Dept. 2-73 1 30 31 l_ . —1B J& ,-. _ _ 1wYCC-1 .rl•r 1,U TJ?0 1--_ I.jl..w. 41.\ . irr-ru.4 E4 n.c u u t3 1 a 1 Cxz 11 w t:aa .11i:t-n1 z:_b' r'" 1 1 t lit rim c I k G.*8 r. 1 i k ! ; i r-,,.-,_;.? I III i j i. CI'.\ ., r 5s-aJ_.. 1', Y, I1 y k 4 bt•r E jLer) : ifit8 ,, ..,.. . .,! N i i• 1 1 1-5 __ 1 I r. j 81I ,jtl • j ivy I tr— Pt '1 1 2 ` 19 e i ! Vts 1 a1 a... eli'L y- I 1 I 1 I I I ram 4' I. L--:-k. 1 1 g ! w. 11 1 1 I- 11 ate 1 t, k-1 s 4 MAR 19 1982 EUILDING/ZONING DEPT. L .. -13- -6W.- 1 d . jprcc -b Ls c' L3IA1d"'• 1 I aIImo,• r, p r _1J1 't 1^ r TI:4 .s .. . Y am'. 0n a I 7 - .! i i 8 S i7 ®f . I S iI j / 11 p y y i/ I . Y I. ir R• M 1 w.. T s.+tl ry f jy iy x I', ii..... p- I10 ti r ter, - c i i 1 ate,+ I i? r ! PII j H tcr coat;' uws...s r. i: A' J G NN_ f.,.., 4 ":---I - --- ' - --- -- . - 1. '- ---- ----------- - - i.- - t 7 ''':i'',. .• ,,..._,___. , i ____ __ ___ _____ _____ __ I. _:,___ t iTs. 1 01 f_______. 11-.fit cam,•. a 44'g ' i--i D 1- li9 1,?, b vi F.. M3_2 ,.IAR I D 1982 t JEPT. V ,1 t'' OF RF 0 PUBLIC WORKS DEPARTMENT r; DESIGN/UTILITY ENGINEERING • 235-2631 Z i MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 co- oq 1TEO SEPSE O BARBARA Y. SHINPOCH MAYOR January 26, 1983 1 TO: Roger Blaylock, Zoning Administrator T R(-` I, l*:.*; r—•-. FROM: Abdoul Gafour j: } . f. s{ Ir Rezone R-024-82 Bennett/Mul ti vest 'et al I 12838,j r SUBJECT: We have reviewed the legal description of the subject rezone as sub- mitted y the applicant; and have made the following revisions: The description of the easements within the subject rezone areas are deleted, since they are within the boundary of the total area. The revised legal description is presented under. the attached Exhibit "A". 1 We also noted that Tax Lot 373 is not included in the submitted legal description, but all the maps in the subject file include that tax lot. 1 According to King County tax roll , the owner's name and address is Ed Porter, 4316 N.E. 4th Street, Renton. Please verify with the applicant on this matter and notify us ofanychanges. 1:- AG:dar Attachment Copy to: I r. City Clerk 15P Qi=1e i sep Ze PTIv AT Sal 01.4 J a l- cliEs EIcNIAiT i1' a b aye g -1-83: EXHIBIT "A" ti LEGAL DESCRIPTION FED - 1 i983 Rezone R-024-82 Bennett-Multivest, et al BIIILC;3,Zvi;'Si:; DEi'i, Revised 8/1/83 PARCEL P The West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, kange 5 East, W.M. : EXCEPT the North 629 feet thereof; AND EXCEPT the West 305 feet of the South 65 feet of the North 694 feet of said sub- division1; AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet of said subdivision; AND EXCEPT that portion thereof described as follows: Beginning at a point 30 feet North of the Southeast corner of said West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 10; thence West 250 feet; thence North 430 f et; thence East 250 feet; thence South 436 feet to the point of beginning; AND EXCEPT he Southerly 42 feet of said subdivision for S.E. 128th Street as conveyed to King Coil ty by deeds recorded under Recording Nos. 5741040 and 5741044; AND EXCEPT he Westerly Westerly 40 feet of said subdivision for Union Avenue N.E, ; PARCEL B That portio of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, Range 5 East, W.M. , described as follows: Beginning 4, feet North and 75 feet West of the Southeast corner of said West 1/2; Thence West 175 feet; thence North 424 feet; thence East 175; thence South 424 feet to the point of beginning; PARCEL 6 0 The East 75 feet of the following: Beginning 42 feet North of the Southeast corner of the West 1/2 of the Southwest 1/4 of the Sout west 1/4 of Section 10, Township 23 North, Range 5 East, W.M. in Kina County, Was ington; thence West 250 feet; thence North 424 feet; thence East 250 feet; thence Sout 424 feet to the point of beginning; PARCEL D The Westt17 feet of the South 622 feet of the East half of the Southwest quarter of the Southwe t quarter of Section 10, Township 23 North, Range 5 East W.M. , in King County Wash'naton; EXCEPT the outh 42 feet thereof conveyed to King County for road by deed recorded under Recor'ing No. 5790505j Situated 1in the City of Renton, County of King, State of Washington PARCEL E i The South 1 2 of the West 1/2 of the East 1/2 of the Southwest quarter of the Southwest q arter of Section 10, Township 23 North, Range 5, East, W.M. , in King Co. , WA. , EXCEPT the outh 622 feet of the West 175 feet, AND EXCEPT the South 470 feet thereof. PARCEL F The South 250 feet of the West half of the East half of the Southwest quarter of the Southwest quarter, Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the lest 175 feet; EXCEPT the outh 42 feet conveyed to King County for road under King County Recording No. 5738286. 1 PARCEL GI The North 110 feet of the South 360 feet of the West half of the East half of the South- west quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , iniKiog County, Washington; EXCEPT the (Jest 175 feet thereof. Legal, Description for Subject Rezone Area s Paget for FEB - 1 1°o3 . y 6U1LIJIiv;; PARCEL H The Sout 470 feet of the South 1/2 of the West 1/2 of the East 1/2 of the Southwest quarter if the Southwest quarter of Section 10, Township 23 North, Range 5 East, in King County, Washington; EXCEPT tie West 175 feet thereof; AND EXCEPT the South 360 feet, thereof, 7 1 ti . iii Irdit! 30 rillEor12.6541i th as EI f School Oistr,c 3 si O.Islq. W 0 7.36 Ac. MARo o 4 i s 2 IS.) I p --- _3. _ R04D 547. AC- 3 1Q — G T. RFN T•N CO — I' -— tea°'—° fsMr_ 61 RPORA L/MI 0 of Lloyd V.z --= y 8 HQzel G. o p 4 Weber m; i° I.s i N1. 41131RuthVentsetC.I C. Williams a1 11 i'niJ09.:.> Donold E. lyo r' 0.53gc I • 0.94A Mc'NI/looms 5` 9asl0.93Ac. 3t4.J1J09.44 ! 606 Charles Rucker I•W. CaruerUe en J. David Jensen I 8 m T 19 9 I_ J;t)i 114 I I.: i AC. LI m om` Or: I T I 2_ — ' 1' O1' q 37X m NiA175CDI15Jo avl I 1.02af.36o: y c Ansents. r. IId24.90i r IjQI• so 1 I Q.36.a. N IC* I175 75 I:sa1 i Q U 13 J f 1 r- Q IIIJr*, IIW P; J,++ c 1, 3 o I, ill n• f n I JL--JrJ T^ ` I fil 414 CI o f 0:3at 13 I 3 [] V K 4. N: ti:) I Q T ® 1, O LNet 11 as o LI z- r . a ) 1 o Q 0.3 stiu c v C 4 Is0 h Y j I u i 14 I I W I cif 1 a i fi Q. 21/.43 1 t' I 0.7i A o o_} o r E- T s M t8 P ey OLL MAP j COMPANY, INC. S ATTLE Blow OR REPRODUCTION /N WHOLE P 200 FT. ' C®PYRIGHT KROLL MAP FOR PERSONAL USEO 4vl" GCOMPqNYINCRESALE/S PROHIBITED BYLAWI I COUNTY TAX LOT N P t h f._I . ti• ; y_ r "cif_.,.• i s `: L' r i a 4 ,i 4' f. Y .. ";_... ;_. .:.,i.IK -A,' fi!', l.41 dp.t, t" '-, r- ... Y C ° , i a :' a '' _ < OF R4, 4? f A OFFICEUOFFICE OF THE CITY ATTORNEY. RENTON,WASHINGTON o 4), z POST OFFICE BOX 626 100 S 2nd STREET • RENTON,WASHINGTON 98057 255-8678 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9, 0 Oe DAVID M. DEAN, ASSISTANT CITY ATTORNEY OigT g Q July 29, 1983 MARK E. BARBER, ASSISTANT CITY ATTORNEY FD SEP1 ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY 0: WAYS AND MEANS COMMITTEE ROM: Lawrence J. Warren, City Attorney Bennett - Multivest Rezone Gentlemen: have been presented with a Deed, policy of title insurance and a re-recorded Declaration of Restrictive Covenants from! Bennett - Multivest. It would appear to Vie, from a brief review of the legal descriptions ontained in those documents that Bennett - Multivest as title to the second parcel of property that was rot included in the restrictive covenants. As you may recall, the Council decided that the first parcel, he Water District parcel, was not necessary as an inclusion in the restrictive covenants, but the second arcel was necessary. Subject to conformation by the ngineering Department, as to the legal description, it ould appear to me that the problems with the second arcel would be removed and this ordinance may be placed n second and final reading. awrence J. arren JW:bjm Ned for HOCOrn at nuyua l our t• ` ' Fit -- AMERI AN TITLE 4:-ClF .Fa t I hi I.LRr1..i IA. r., VI 1 L M.1 f a. WA. Y81 I o- t '• 1 DECIARATION OF RESTRICTIVE COVJ NAt7 S I •' 11 y 11 r . 1 yI I3 I 8 7' 1, . r. v 11 , 1' , u J' WHEREAS, De be C. Bennett and his wife Bette Bennett, I•' ;, ;' ' Corporation, Odyssey Development Corporation, Multivest LTD, and King County','.',,- : :' r•/_,1`M'?r Water District . 90 are the owners of the following real property in the • ' ``'• ; i ' 1 `i;,1 I CiiiC ei y of Renton, County of King, State of Washington, described as follows; ' t) cipr i LEGAL DESCRIPTION i'W, `` r' Reed D PARCEL A: li 3 D 7R 0 or R,corTheWesthoftraSouthwest4 •of the Southwest h of Section 10, Town 2ctiaasNorth, Range 5East, W:M. ; Exusn the Nora.,' 629 feet the:eof; AND EXCEPT the West 3C5 feet of the South 65 teet of the North 694 feet thereof; AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet thereof; AND EXCEPT that Portion thereof 'described as tollows: Beginning at a pLint 30 feet North of the Southeast bonier of said West 15 of the Southwest 14 of the Southwest 14 of said Section 10; thence West 250 feet; . thence North 436 feet; thence.East 250 eet; thennce South 436 feet to the point of beginning; AND EXCEPT the most Southerly 42 feet thereof for S.E. 128th St. as coveyed to King County deeds recorded under Recording Nos. 5741040 and 5741044; AND I' the , st• Westerly 40 teet thereof for, Union Avenue N.E. ; u PARCEL .B;,' 1, That portion Of the West 1 of the Southwest 14 of the Southwest h of Section 4.0, Township 33 North, Range 5 East, W.M. described as follows:1 Beginning 42 feet North and 75 feet,West, of the' Southeast come. of 'paid West; , thenceWest 175 Peet; thence North 4241feet;- thence East 175 feet; i theta South 424 feet to the point of beginnin I . • PARCEL C: The Bast 75 feet of the following: ? Beginning 42'feet North of the Southeast corner Of the West 15 of the Southwest . Vof the Southwe t i of Se tion 10, Township 23 North, Range. 5•E?st, W.M. in King County, ashington;• thence West 250 eet; thence North 424 feet; thence East 250 eet; thence South 424 feet to the point of beginning; • PARCEL D: The West 175 feet of the South 622 feet of the East half of the Southwest quarter of the uthwest quarter of Section 10, Township 23 North, Range 5 i • ''4,I,..1,?•, ' ' FastW.M, , in g County, Wash.nli I11,,•• ` EXCEPT the South. 42 feet thereof conveyed to King County for road by deed reoe_xded under R" rding No. 579i505. Situate in the City of Renton, County of King, State of Washington PARCEL E:1 Ti,e South 'S of the West 1 of the East k of the Southwest quarter of the Southwest quarter of Sect' 10, TMTownship23North, Range 5, East W. . , in King County, Washington, except the South 622 feet of the West 175 teet, and except the South 470 feet f. • gefi3•ier with an'eascn;nt i,,,- ingress arxi egress "15 feet Li- . .ne width across, aver,and '•• the West t of the Southeast quarter of the Southwest quarter of the Southwest quarter of said Section 10, the centerline.ot which is described as follows: Beginning at the Southwest corner or said Section 10; thence oath 881 02' 3" East 821.38 feet; thence North 0' 17'32" West 42 fee to the point of beginning; thence North 0 17 32 West 580 feet to the terminus of said line; except that iron thereof included in the nereinabove described main tract. PARCII, F: ; TY@ South 250 feet of the West half of the East half of the Southwest quarter of the Sout st quarter, Section 10, Township 23 North, Range 5 1ast, W.M. in-King Coon , Washington; EXCEPT the i Weat 175 feet; EXCEW theSaith 42 feet conveyed to King County. under King County Recording No: 5738286. 1 PARCEL G: The North 110 feet of the South 36u feet of the-West half of the East half of- the Sou ! st quarter of the Southwest quarter of Section 10, Township n 23 North, Range 5 Eadt, W.M. , in King County, Washingtran; FAT the West p 175 feet thereof; TOGETHER with an easement for ingress and egress of 15 teet in width over, across and upon the following described real estate in 43 King County, Washington: Over the South 220 teet of the West half of the East half of he Southwest quarter of the Southwest quarter of Section 10, n hTownship23N W., C,acm Range 5 East M. , in King County, Washington, the centerline 0 of which is tined as follows: encing at the Southwest corner of said 4p Section 10; South 88' 02'43" East 821.38 feet; thence North 0'17'32" West 30 feet the point of beginning; thence North 0'17'32" West 220 feet. I PARCEL EL:: i The South 470 eet of the South t of the West t of the East h of the Southwest quarter of Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.," King County, Washington; EXCEPT' the West 175 feet thereof and EXCEPT the•Sout 360.feet thereof err,d-!XCE T U c East 50 fect of the North G Together with easement 15 feet in width tor roadway and utlities across,. over and upon West h of th Southeast quarter of the southwest quarter of the Southwe quarter of said Section 10, the centerline of which is described as follows:] Beginning at Southwest corner of said Section 10; thence South 88'02' 43" East 821.3: feet; thence North 0'17'32" West 42 feet to the point of beginning; ; - - North 0'17'32" West 580 feet to the terminus of said line; EXCEPT that, .. ••, thereof included in hereinabove described main tract. Max lot 333, . • . section 10, Township 23 North, Range 5 East W.M.) Building Setbacks for Primary Shopping Center Structure Puture expansi on of a primary shopping center structure eastward from the Safeway store Shall provide a Setback line that is ca patible with a unified shopping cell development approach, whole providing architectural and design flexibility Landscape Buffer A minimum ten (10) foot wide landscape buffer together with a site dbscuring fence shall'.be provided along the North property line, and a minimum ten (10) foot wide ' pe buffer shall be provided along the East property line. Such buffers shall be installed as part of site development consistent with the extent of site development' phasing. If adaitional property to the East is inoorpora =• in the shopping center concept the Easterly bufter may be moved Eastward consistent with such potential future expansion. fi`!•':^ Nr_ ti" DUIZATI 1 These ooverian s shall run with the land and expire on December 31, 2025. If at any time irprovements are installed pursuant to these covenants, the portion of the is pertaining to the specific installed improvements as required 1 by the Or' s of the City of Renton shall terminate without necessity of per tation. Any amendments or modifications of this agreement 1 z1a, be vali4 only.if mutually:agreed upon by the City of Renton and the Owners (including heirs, successors, and assigns to the owners) in writing and recorded with the King County Department of Records and Elections. educes the Superior Court of King County may beinstigatedPxer1Pam, in by either •the Chit or Renton or any property owners adjoining subject property • Who are adversely atfected by any violation or breach of these restrictive ' ' ID-covenants.:sonable attorney's fees incurred during an enforcement proceeding will be borne by the parties wham the court determines are in error andshall43 n be enteredlas a judgment in such action. 7y` -` e ( y r '•sc}, -rtc!e frity - ---t--:: Am. 7 a- .- liF t. i s L. Magstadt Land t on Devel t dr, , 41111#L p 1 s OwenPresidentBetteCharles Odyssey Develognent Corp. r 0.0,411 ivest LTD. 1 State of i r STATE OF WASHINGTON, I. ss. County of King On this 30th day of March 19 83 , before me personally'appeared Cheryl A. Henry to me known to be the individual who executed the , foregoing instrument as Attorney in Fact for Delbert C. Bennett and Bette A. Bennett and acknowledged that She signd the same as her free and voluntary act and deed as Attorney in Fact for said principal!for'the•usrs and purposes therein mentioned,and on oath stated that the Power of Attorney authorizing the execut4ori)f,th siitrujnetjt has, of been revoked and that said principal is now living and is not insane . GIYEN 4i0d4. y hand and official seal the day and year l, tten. C. 1''• Notary Publi n and for Me State of Was ington, rsrding at ACKNOWLFD fNENT---ATTORNEY IN FACT J FIRST AMER AN.TITLE COMPANY WA—47 'hh,., Notary Public in and for the State of Washington, residing in' • 1'11 1? ; i '^ j•_ I f Z t/,• day of J19 (3, before me per illy appeared r"1'12S n j • the personwhoexecutedCorp., Ile Corporate representative of• Landon Development t and acknowledged said instrnumnt to be the within and foregoing instrumen , the free and voluntary act and deed of said person for the uses and purposes therein mentioned. N vairmsS W u3+•+DSF, I have hereunto set my hand and affixed my offical seal the da and yea for the above written. M Nl1IINiq,,,; p,' 4'4.1.. .Allialiiiri` l is in'and for the State zoi:IT, ,fit vl I• . gton, residing in " tiJ—"it j,,•. , ..• i q.,1-' 6L4A,/ pp03 before me personally appearedtheOnthis . I Y of 19 Pam' 004porate representative of Odyssey Development Corp. , the person who executed the within and.foregoing instrument, and acknowledged said instrument to be the free and Voluntary act and deed of said persons for the uses and purposes I t therein mentioned. j IN WITNESS WHEREOF,. I have hereunto set my hand and affixed ny offical seal. the pay and year for the above written. f 7------ i• `.' i I• Y •';'';; ° eta L_Public in and forkor... 4.A to 4 t ... tit; of Washington esitling 1... -..Ze.0 i••• 0.* ,...(iii._• r n A Q 1 19 , before mepersonallyappearedOnthis1dayot, the Corporate representativeiof Multivest Development Corp., the person who executed the within and foregoing instrument, and adknowleged said instrument to be the fr€e and voluntary act and deed of said person tor the uses and purposes - -mentioned. IN WIZ S 'N•"• , I have hereunto set my hand and affixed my offical s' , the Clay and fear for the above written. 1..} .f ,' e'. .6":----!....: fr t:' w Notary aic in and for - State 7 of Wa ' •gton, residing in ter 1 o THE RENTON CITYCOUNCILV \/ 1 .; Z NAL k'',;\ o MUNICIPAL BUILDING • 200 MILL AVENUE SOUTH • RENTON, WASHINGTON 98055 . 235-2586 90 co- 09qtED SEP1c_ July 14, 1983 Mr. Mike Smith Bennett-Multivest 1234 South 3rd Rento , WA 98055 f; RE: ennett-Multives,t Rezone, R-024-82 Dear r. Smith: The City of Renton, in checking the legal description of the signatures on; thr restrictive covenants of the subject rezone, has determined that not only Water District #90 did not sign the restrictive covenants, but anothller small parcel likewise did not sign. Since the City Council has waived the signature of Water District #90 only and not this other parcel , no further action will be taken on the rezone until correctly signed and filed restrictive covenants have been presented to the city. The Ways and Means Committee of the Council has set a deadline of July 29, 1983 for presentation of this material to the city. If it is not presented, the city will consider the rezone application as lapsed. Very truly yours , QCGGI I-yteG G-a') Lawrence J. Warren City Attorney LJW:bd cc:. City Cler earing Examiner Policy Development Building and Zoning WEEWays- and Means CommitteeoWMayor a 1 JUL I 4, 1983i CITY CLERK II II OF , 16 0 THE CITY OF RENTON POLICY DEVELOPMENT DEPARTMENT • 235-2552 o rn MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055. 0- 9 GD. 11 0947.E0 SEP1 ‘ 4%.e'. BARBARA Y. SHINPOCH j r- MAYOR j June 23, 1 83 The Honorable Barbara Y. Shinpoch, Mayor Members of Renton City Council Renton,, Washington RE: Be ett-Multivest Rezone, R-024-82 - Discrepancies in Application Information and Covenants j q Dear Mayo- and Council Members: City staff, in reviewing the restrictive covenants submitted by the applicant, have found a number, of discrepancies of which you should be aware before passage of an ordinance reclassifying the applicant's property. I1' You are already aware of th'e fact that,' while the applicant submitted an affidavit (see attachment 1) attesting to ownership of the entire acreage portions, the property proved, in fact, to be owned by Water!District 90.11 Therefore, the applicant could not execute covenants conditioning uses of that property; and the property's owner, the!Water District, chose not to join in execution. it The covenants which the applicant has submitted remain unclear as to whether they do or, in fact, can restrict the Water District property. Further, after review of the legal boundaries of the applicant's! proposed shopping center, it is apparent that the applicant submitted both plot plans and boundary maps which included additional property which is not owned by the applicant. 1 While the legal description submitted by the applicant did not include this property, the maps relie on by staff in reviewing the request were inaccurate. As a result, the review failed to t ke account of Parcel 373, 431'li6 N.E. 4th Street, (see map) which would remain an island of unprotected and isolated single family residential zoning in the midst of a B-1 District: shopping center. The applic nt, through inadvertence, failed to note this in any presentation and permitted the staff to overlook this important aspect of the request. j I l II I; I 1 I The Honor ble Barbara Y. Shinpoch, Mayor Members of Renton City Council June 23, 1983 Page 2 1 I 11 The applic nt, therefore, cannot speak ifor either the Water District property or this additional roperty. Any covenants which run with the land cannot be used to protect either the City's interest in well planned development, or without modification can the applicant's covenants protect the island of single family zoning. The ordinance and covenants as written did not consider the excluded property, and any further'action by you should consider this fact. I Very y yours, II II 1 avid . Clemens Policy Devi lopment Director 1 DRC:FT;K:vn 0183G Attachments I' ri i II l I j I I II I 1' I Ns7Y3R. W fk': P t4 "0r 1 BU1L ivG/2UN1NG DEPT. j, :I01 B(Mil rc t , am t e owner o t e prioperty involve In thbeing duly sworn, declare thatIforegoinigstatementsandanswershereincontainedlandttheandionthattheherewithsubmittedare' in all respects true and correct to theinformationmyknowledgeandbelief. best of Subscribe and Sworn before me this day of_ Notary Public in and for the State of Washington, residing at C Name--o ary Pu c , Signature o er Address) 7 17422 - 108th Ave. SE Suite200Address Renton, Washington98055Ca.ty) State 255-9448 -. Telep one FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected bymeandhasb,eeg found to beIthorough and complete in every particular andtoconformtotherulesandregulationsoftheRentonPlanningoverning. the filing of ' s;uch application. 9 Department Date Received 19_ B y: Renton Planning Dept. 2-73 30 i 31 4.Li, —1»av& , 1 vi'- 7}1111 w m f h. ia cr i .. ___.._._._---- —A is ,W'eLP: —- t `-. —_—._—.__ •. - — l— --- — _- 5,n n- —, I . i t• r 1 -', I 1. a v @ R rim r ' r4 1 1 -• i:ti. 0 C\•. ' I! 0,1 L,.... rN L. 1 t II I ram i i •lr tf\,S P i Y.`. I\\\\ i‘•<\ .klikii . : ers— j . . i I i a. 1 ; I (.." s 4 i 10\ 1•ii , ; s..., ....,., I • .. . • • • i•Ii— 1\k' fo: 11...,,, H . • • . L--.4\ ---\-.. I. i 19 • G4,.\\*\f. k • 11 i - A '',,,,. ,, , 9- e t 1 t l f 1 t Z I t... s e bl..s It t• S t1 t'•' t t w•—r tt I i 1 I O M. ' 1HBVIIIE. 13 •• •E '' MAR 19 1982 BUIL®!!VG/ZONING DEPT. c. i —13)-tVd \ 7/ 41: I.-........._..... -T..... . .._.....„„„,,,,,... , _ ties L s. —' - r.:.^ i•,_.•- j, s.:f• 7 1 t p.1si i f' 4:1 t I. i J- Wit'7 a I I . 1 41 i 4-- IT tfr ..., ..., 7 3 I og a . 07 t 11; 1. 4 N 4 „e I 7417,..• it:=-// i; ,-;,."-- r. --2-.---._ . 1- i, . Y,-:-,--7r kill* 7.."."'-' r - r ter— iirtiil. 1 it .. • t-rt dI g J 4:: I Ri sfi 1.1 4 1 11 IN L1.1_:-__.1. ''.- ow i ir 0 serid izi41 t.i. ....i:,..; 7 1 , cif 4, 3. 1 .,21-,-;:_iA7p ' L a .14tA,,zi i i=irr.f.r--,' _ It..--,_r'r.-,--74k''''- 7.:.- 7-* 11. . .:,...,..: e_.-`.:4. 4,44.a.›,..4seet..,.:16.:"-set* .,_ -. It : D 1-,' tiD, 1;:- [ I qi. IAR 11) 1982 i QEPT. Z I NTEROFF I CE ME-w. 0 TO: Maxine Mo:or - City Clerk DATE: 6-20-83 FROM: Abdoul Gafour - Engineering Dept. SUBJECT: Rezone R-024-82 Bennett-Multivest, Et Al . Per your request attached please find the legal description presented under Exhibit "A" for the ordinance of the subject rezone along with a vicinity map for your usage. Please also note that there is a tax lot 373 which is not included in the rezone area. Please refer to my memo dated January 26, 1983 concerning this omission (copy attached) and verify it with Roger Blaylock before recording the ordinance. 0 I 7 7FF Very Truly Yours , CITY CLERK I IofR4 PUBLIC WORKS DEPARTMENT U `$ © Z DESIGN/UTILITY ENGINEERING 235-2631 WL MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 Q0, 94reo sE1,1°° BARBARA Y. SHINPICH MAYOR January 26, 1983 TO: Roger Blaylock, Zoning Administrator FROM: AbdoullGafour SUBJECT: Rezone'R-024-82 Bennett/Multivest et al We have reviewed the legal description of the subject rezone as sub- mitted by, the applicant and have made the following revisions: The description of the easements within the subject rezone areas are deleted, since they are within the boundary of the total area. The revised legal description is presented under the attached Exhibit "A". We also noted "that Tax Lot 373 is not included in the submitted legal description, but all the maps in the subject file include that. tag lot.. According to King County' tax roll , the owner's name and address is Ed Porter, 4316 N.E. 4th Street, Renton. Please verify with the applicant on this matter and notify us of any changes. AG:dar Attachment Copy to: City Clerk I 1 EXHIBIT "A" j LEGAL DESCRIPTION Rezone R-024-82 Bennett-Multivest, et al PARCEL A. The West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, Rage 5 East, W.M. : EXCEPT the North 629 feet thereof; AND EXCEPT the West 305 feet of the South 65 feet of the North 694 feet of said sub- division; AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet of said subdivision; AND EXCEPT that portion thereof described as follows: Beginning at a point 30 feet North of the Southeast corner of said West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 10; thence West 250 feet; thence North 436 feet; thence East 250 feet; thence South 436 feet to the point of beginning; AND EXCEPT the Southerly 42 feet of said subdivision for S.E. 128th Street as conveyed to King County by deeds recorded under Recording Nos. 5741040 and 5741044; AND EXCEPT the Westerly Westerly 40 feet of said subdivision for Union Avenue N.E.; PARCEL B That portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, Range 5 East, W.M. , described as follows: Beginning 42 feet North and 75 feet West of the Southeast corner of said West 1/2; Thence West 175 feet; thence North 424 feet; thence East 175; thence South 424 feet to the point of beginning; PARCEL C The East r 5 feet of the followirfg: Beginning42 feet North of the Southeast corner of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, Range 5 East, W.M. in King County, Washington; thence West 250 feet; thence North 424 feet; thence. East 250 feet; thence South 424 feet to the point of beginning; PARCEL D The West 175 feet of the South 622 feet of the East half of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East W.M., in King County Washinaton; EXCEPT the South 42 feet thereof conveyed to King County for road by deed recorded under. Recording No. 5790505. Situated in the City of Renton, County of King, State of Washington PARCEL E The South 1/2 of the West 1/2 of the East 1/2 of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5, East, W.M., in King Co., WA EXCEPT the South 622 feet of the West 175 feet, AND EXCEPT the South 470 feet thereof. PARCEL F The S®utti 250 feet of the West half of the East half of the Southwest quarter of the Southwest quarter, Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the West 175 feet; EXCEPT the South 42 feet conveyed to King County for. road under King County Recording No. 5738286. 1 PARCEL G The North 110 feet of the South 360 feet of the West half of the East half of the South- west quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , i King County, Washington; EXCEPT the West 175 feet thereof. Jr Legal Description for Subject Rezone Area Page 2 I ' PARCEL EN The South 470 feet of the South 1/2 of the West 1/2 of the East 1/2 of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT :thy West 175 feet thereof; AND EXCEPT the South 360 feet thereof; AND EXCEPT the East 98 feet of the North 60 feet thereof. I I 17 l ' Tim a s. I • • x•. A mi CITY OF RENTON v r DtPARTM[NT OR PUBLIC WORKS REZONE R. 024-82 1. 0 At; g_Zoo' 0 i _ '' 13ENNE1T- -MULTIVE5T ,E1 AL. to »..., .. ry w0. •Mr44 aw...--•--„• "', s'i't IONta DAn 6-83 PIL[NOi DRAWNhk CN[CKtD 1CM• IN = 2b0` pI ••o PMc w APPROV[O NttT ^- iit li M C a ; ld 1 _ rl S 1 ; t 1 C I• •i ,... _ L_..,_:___ _„„...„.,, Mier iLO, 1 r• 1'1 J t M ill a 1ttier«. tad 11 flllrs Q y p/ 11 1 Y u. AP.I r y',•,.: ._,.. - M __ L.4ws ar a• won.. Ps.w ii•r a J. kgS4.: cc .. i i.- ti - x.70,4,„ , la seLI1 - j ;. jai la 11.!_DIif /" 4:1•F I 01. • 4: I.r P- F y 1 S ' 1OL 1 r 'r'. 001.®, aaa.-- n 1 1 hl.c, P I I i 67,,,,.it : ' i •• 1. am/ CIr'• E /Pant ST F: 1.a. r rn...14,Aw 41.e.v 'P.P. -4•ab 5 i _ JP. b - , IC.,.... Au. •f:.•04 a PARA..... GS.. Ps... IV•..... NW 13.... —S T' • JfIL1P i+w•i Mi . I . -- I I WAYS AND MEANS COMMITTEE COMMITTEE REPORT JUNE 20, 1983 ORDINANCES AND RESOLUTIONS The Ways and Means Committee recommends the following ordinance for second and Ifinal reading: Minietta Rezone (R-013-83) I The Ways and Means Committee recommends the following ordinances for first reading: Amending Portion of Section 4-2204 Relating to Fire Lanes Bennett Multivest Rezone (R-024-83) The Ways and Means Committee recommends the following resolutions for reading and adotion : FuL Transfer for Police Arbitration Award Earl ', Clymer, Chairman oci2cc3) -- A,WI Ri and Stredicke ri;4P/22a.- Rob Hug es I I I I ft Renton City Council June 20, 198 Page Three ORDINANCES A D RESOLUTIONS continued Minietta Rez•ne R-013-83. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL ADOPT continued THE ORDINANCE AS' PRESENTED. Councilman Stredicke objectedto rezone to B-1 category due to inconsistency with other zoning classifications in the general vicinity and in view of imposition of restrictive covenants prohibiting commercial developmlent. ROLL CALL: 6 AYES: TRIMM, MATHEWS, REED, ROCKHILL, HUGHES, CLYMER. 1 NAY: STREDICKE. CARRIED. Ways and Means Committee Chairman Clymer presented a report recommending the following ordinances for first reading: Fire Lane An ordinance was read amending a portion of Section 4-2204 of Revision Title IV _(Building Regulations) relating to fire lanes. MOVED BY CLYMER, SECONDED BY HUGHES, REFER THIS MATTER BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Bennett-M An ordinancewas, read changing the zoning classification of Vest Rezone property located on the north side of .N.E. 4th Street R-'3;' approximately 950 feet east of Union Avenue N.E. from General Classification District (G-1) and Residence District (R-3) to Business District (B-1 ) for Bennett-Multivest, et al . , File No. R-024-83) . MOVED BY CLYMER, SECONDED BY HUGHES, REFER THIS MATTER BACK TO COMMITTEE FOR ONE' WEEK TO ALLOW REVIEW OF THE LEGAL DESCRIPTION OF THE SUBJECT REZONE SITE. CARRIED. Ways and Means Committee Chairman Clymer presented a report recommending the following resolution for reading and adoption: Resolution #2515 A resolution was read authorizing fund transfer from Contingency Fund Transfer Fund to the Current Fund/Police Department budgets to provide for Police for certain pay adjustments and benefit increases received from Arbitration Police arbitration award -($171 ,9b5.00) . MOVED BY CLYMER, SECONDED Award BY HUGHES, COUNCIL ADOPT THE RESOLUTION AS PRESENTED: - CARRIED. NEW BUSINESS Council President Trimm announced an Executive Session regarding Executive! Session labor negotiations as last item on the agenda. Park and Ride Councilman Stredicke advised the State Department of Transportation Lot - Highlands is no longer pursuing plans to locate a Park and Ride lot at the Highlands Community Church site; but will report back to Council following review of other alternative locations in the Highlands. Open Space Citing recent newspaper article regarding reclassification by King Classification County Assessor Harley Hoppe of Longacres Race Track to open space Longacres1Race category Councilman Stredicke requested investigation of the Track matter. Mayor Shinpoch agreed to research whether or not the designation has been changed, and, if so, whether or not the King County Assessor has authority for approval of the revision. ADMINISTRATIVE Mayor Shinpoch announced annual challenge from the Senior Citizen REPORT Sluggers to Mayor, City Council , and Administrative staff at Softball Game 4th of July softball game and celebration at Liberty Park. Executive Session MOVED BY TRIMM, SECONDED BY REED, COUNCIL GO INTO EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS. CARRIED. Time: 9: 10 p.m. ADJOURNMENT Council reconvened into regular session; roll was called; all Time: 10:05 '.m. Council members present. MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL ADJOURN. CARRIED. 114"4-°('€),>221 MAXINE E. MOTOR, City Clerk 1 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1984 - 1989'• AS AMENDED AT PUBLIC HEARING 6/20/83 CITY PRI6ITY # ANNUAL ELEMENT PROJECTS 1 Grady Way Bridge Replacement 2 Renton Area Transportation Study 3 , Wells Avenue Bridge Replacement 4 Garden Ave. N, N 4th St. to N 8th St. 15 SWGrady Way, Lind Ave. SW to Longacres Dr. 6 NE 3rd St./NE 4th St. , Sunset Blvd. N to Union Ave. NE 17 Talbot Road S, S 16th St. to S 41st St. 8 N 1st St. , Park Ave. N to Eurnett Ave. N 9 S 2nd St. & Burnett Ave. S Intersection 3011 Rainier Ave. S, S Grady Way to Airport Way ILY/Z SW Sunset Blvd., Rainier Ave. S to Stevens Ave. SW 3z/3 Miscellaneous Street Improvements la 14- Lind Ave. SW, SW 16th St. to SW Grady Way SECOND YEAR PROJECTS Y4 16 Rainier Ave. S & S Grady Way Intersection tm J ) Monroe Ave. NE, NE 6th St. to NE 12th St. 16 SW 16th St., Lind Ave. SW to Monster Road SW THIRD YEAR PROJECTS 17 S 7th St. , Rainier Ave. S to Smithers Ave. S 18 Oaksdale Ave. SW, SW Grady Way to I-405 19 Oaksdale Ave. SW, SW 16th St. to SW 34th St. FOURTH - SIXTH YEAR PROJECTS 20 Oaksdale Ave. SW, SW 16th St. to SW Grady Way 21 Lake Washington Blvd. N, N Park Dr. to City Limits 22 SW 27th St., Oaksdale Ave. SW to West Valley Road 23 SE Puget Dr. , Jones P1. SE to Edmonds Ave. SE 24 Monster Road SW - Alternate Access 25 Sunset Blvd. NE, I-405 to NE Park Dr. I26 Taylor Ave. NW, Renton Ave. Ext. to Stevens Ave. NW 27 NE 12th St., Lynnwood Ave. NE to Union Ave. NE 28 Union Ave. NE, NE Sunset Blvd. to NE 24th St. 29 Edmonds Ave. Extension 30 N/NE 3rd St. - I-405 Undercrossing 31 Union Ave. SE, NE 4th St. to SE 4th St. 32 Miscellaneous Railroad Xing Improvement 6/16/83 i i 1 I 1 Th I f i o 1 t E i ° t 1 I i1_ C:-'i L; r lui2`.. i. C,,11 1T C E01 : r, i._ t: 1: i G S 1: , t t I g •_ k i r, , ' 1 ., 1 7J1r A`.El SE 1. 1 i s C" '; '.". 1.:4 rii, 960 j c, ifi:° F! 1:- FT % Q.,i C ki ' i sxl'N, sc.', ; -`. 2- "* 9` 633 ct i i i t' 165rniii 1 11! C Fi s i s 11iiL i42aD AVE SE F SW Y/L Of F: /4 LFLJ N P #:. i3 E 0 1 r N y' 9 I , , LL . y rs M' MOOR td r fy^. fb -tee... - L tl...t 1 F.,G ` _ A CIRN 6E,;.tY..o- s t. t3'e" RENTON WA 055 110 FT LEA "5 1 F'o L::'. 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TF N i i3 c iI 1 1 •1, L2`. 13 W G E Mg /58 FT TN S " d8-0 -55 E 142 FT T;; S 0-25-13 Ig 3 • E 15ii FT TO SD N MCI Of NE 4TN S I it TH N 83-02— 8 W ALG SD Ft MGM i , 11142FTTOIP(' i r F I 102305-9375-041 10-23- 0 9 75 09 633 •2 T 434 FLFTCHER WENDELL Z1177 12 O.FT OF N SO 'T OF E 1/Z Of r, E• , '-.; 6 16 SE 147TM S W 1/4 OF SE °'• Of SW 1/4 LESS 1 T Y F RENTON WA 1 96055E 50 iFT T 43 - x7; I TrFA. r " 4 a. N z i4. 102305-9376-0 10723-05 9376 09.633 T '.g- 1 ` 1 TCHER WE EL.W N 50IFT OF E 1/2 Of SW 1/4 Of 1 7 '.3" ' . E' 1°r'. P. 1 `' 16 SE 1471M SE 1/,4 Of SW 1/4 LESS E 250 FT RENTCf WA 96055 1 I/ i ,_ 102305-9377-02 10-z 5 9377 09.633 T 434... " • I FICOFE SCOTT 77,50 FT OF W 155 FT N Sr' 5f,, 13208 RENTON,AVE S 124 FT Of S 154 FT OF 1 1/2 Of r 1/2I K RENTON VA 9i035 S OF SW OF NW /4 Of EKE !! k3h 1, E 4 i 102305-'9!78-01` 10- 5 97, RENT : CONG tU J-:11ONANS WITNESS 2 FT OF N 23P Y CF E 1/2 OF C/0 P: ::CK .J CA_LANAN Of NE 1/: G kJ 1/4 LESS 3706 O. 1OTNi 12 FT Of W 14':.P. FT LESS CO RENT? R 96055 :1) ESF4i Ti,>.':" LN R/W i 10250S-.9 79-0ID 10-23-05 7 07.4515 :' T 415:: ,"k i L +if1.1 ROT' C 100760 '• §.1 FT OF FCC"r.-^:.5 31) FT F• fr 3a . 11636 1321e SE 1 .79 F T S '`' F. ".: " L" S+:C i RENTCK W 96056 ' + TE,'c. 6Z5.j Fi Ta C 151.31 FT i TH 1 625.C6 FT T:: F; 131.36 F i ''G LESS E 167 FT IE_f3W35.'56FT 0-23.•)S c: 07,.633 2,7 .3J1 1,•.,-. 1MCD 1EI. T 1/2 Of SE 1.'`Rc t- 1/<4 I 1 t -:. T PO 60AE Z 375 Fr ; N L;;. S.., .•. ..S, 1 REN ON WA i 9A055 '•;' . 2 r, , .,. t LL ¢f 13-apt ".i: 0 t 1 76 f T T'' i 1....f 71'1 FT TH 1 D-i'- f•: W, th N i Fi t 7O.7S F T TO N LN E.' i; ! ak _ - r E t : C 1 ' ' V f: • a _ - , ' I 1 PMRY P ` ff - , A ,1=_ -'f 2 I w M i, 1 J IC 1 OFFICE OF THE CITY ATTORNEY.. RENTON,WASHINGTON U ,• 4 I POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 Z o ma LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITYATTORNEYO9AODAVIDM. DEAN, ASSISTANT CITYATTORNEY0' 9qT 0P 1 MARK E. BARBER, ASSISTANT CITY ATTORNEY SEPt May 26, 1983 ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY TO: Maxine E. Motor, City Clerk FROM: Lawrence J. Warren, City Attorney RE: Rezone Ordinance - Bennett-Multivest R-024-82 Dear Maxine : Enclosed please find the original of a proposed Ordinance as above captioned. Upon receipt of a copy of the Restrictive Covenants , please forward copies of this Ordinance to 'the Ways and Mea Committee. awrence J. ' ren LJW:nd Encl. cc : Mayor City Council I Q_ I I I , 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM GENERAL CLASSIFICATION DISTRICT (G-1) AND RESIDENCE DISTRICT (R-3) TO BUSINESS DISTRICT (B-1) R-024-82 -Bennett-Multivest, et al) WHEREAS under Chapter 7 , Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code. of General Ordinances of the City of Renton" , .s amended, and the maps and reports adopted in conjunction therewith the property hereinbelow described has heretofore been zoned as Generai Classification District (G-1) and Residence District (R-3) ; and WHEREAS a proper petition for change of zone classification of said prop rty has been filed with the Building & Zoning Department on or about March 19, 1982, which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having been held thereon on or about June 29, 1982, and said matter having been duly considered by the Hearing Examiner and the Hearing Examiner having found that with certain conditions said zoning request is in conformity with the City' s Comprehensive Plan, as amended, and the applicants having appealed certain of those conditions to the City Council and the City Council having modified the conditions imposed by the Hearing Examiner, and all parties having been heard appearing in support or in opp sition thereto , NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : 1- t SECTION I : The following described property in the City of Renton is hereby rezon d to Business District (B-1) as hereinbelow ff specified; .subject. to the findings , conclusions and decision of .:the Hearing xaminer dated July 21 , 1982, as modified by the City Council ; the Bul ing and Zoning Director is hereby authorized and directed to change ale maps. of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit : See. Exhibit i'A" attached hereto and made a part hereof as if fully set forth herein. Said proper y being located on North side of N.E. 4th Street approximately 950 feet east of Union Avenue N.E. ) AND SUBJECT to that certain Declaration of Restrictive Covenants executed by Petitioner-Owners on or about and reco ded in the office of the Director of Records. and Elections Receivin No.. 8305160165 and which said Covenants are hereby incorporited and made a part hereof as if fully set forth. SECTION II : This Ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this day of 1983 . Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this day of 1983. Barbara Y.' Shinpoch, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of ublication: OF RSA OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON O U 43V POST OFFICE BOX 626 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8678 0 LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY A CO' DAVID M. DEAN, ASSISTANT CITY ATTORNEY 09gT D SEP E O MARK E. BARBER, ASSISTANT CITY ATTORNEY June 16, 1983 ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY TO: Maxine E. Motor, City Clerk FROM: Lawrence J. Warren, City Attorney Re: Restrictive Covenants - Multivest LTD Dear Maxine: Enclosed please 'find a copy of the Restrictive Covenants as above captioned. You will note this document has been re orded with the King County Recorder, Receiving No . 8305160165 . 072gZ0-- Lawrence J. arren LJW:nd Encl. r f + il ` TITLE 1 . fi231LDGA{TLC, ViA t ,{ DDCLARATION OF RESTRICTIVE COVENANTS 17,46,q1/1, . .' r' i t 1 WHEREAS, C. Bennett and his wife Bette Bennett, I ti;; ' J ,,', , ,v Corpo tioni " l',-,: ,,,1,.,+;t,'r,,} ' I'', sey velopment CoFrarationMul.tivest LTD. din Coun r 's Corporation, and g i,,.,,, c, Water Distr ' No. 90 are the fawners of the following real pro r r :rr . city of Ren Pity ll the.n r IryCountyofKing, State of Washington, described ,as,follaws:. ' I fin/ LEGAL.DESCRIPTION D 0PAICEL A• CO • The West 4 of the Southwest 4 of the Southwest 4 of Section 10, Township23North, Range 5 East, W.M.; EXCEPT the N 1629 feet thereof; AND EXCEPT the West 3C5 feet ,of the South 65 feet of the North 694 feet thereof; AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet thereof; AND EXCEPT tha portion' thereof described ,as follows:.. Beginning at a point 30 feet North of the Southeast borner of said West4OftheSautiiwe4oftheSouthwest4ofsaidSection10; thence West250feet; thence North 4 6 feet; . I '; thence.East ',25'. feet; _ ' I thencethence South 4 '6 feet to the point Of beginning; AND EXCEPT.the I •st Southerly 42 feet thereof for S.E. 128th St. ascoveyedtoKingCounty • deeds .recorded under Recording Nos, 5741040 and 5741044; AND EXCEPT the • st Westerly 40 feet thereof, for, union Avenue N:E. ; •• •. PARCEL B: That portionjof the West a'of the Southwest 4 of the Southwest' 4 of; Section10, Township 23 North, Range. 5 East, W.M. described as follows: Q Beginning 421 f-- t North and 75 feet West of the' Southeast corner.of 'said West ,' . ' thence West 175 Feet; I• v thence North 42, feet; 9 thence East 175 feet; . , 5 thence South 42' feet to the: point of beginning;,. PARCEL C: I . E The East 75 fee. of the following: Beginning 42 if--t North of the Southeast .corner, Of the West 4 of theSouthwest4oftheSou ,=st 4 of Section 10,. Township 23 North, Range: 5 East, W.M. . Cl)in King County, Washington fthence West 250 feet; thence North 42' feet; thence East 250 eet; thence South 42, feet to the point of beginning; I r--1 PARCEL D: j The 'West 175 fee of the South 622 feet of the East half of the Southwest quarter of the • thwest quarter of Section 10, 23 North East W.M. , In ' g County, Washington; Township Range 5 EXCEPT the South I I I I ,' d .I ' Smith 42 feet thereof conveyed to King County for road bydeedreccorded. under 'eaording No. 5790505. Situate in the C ty of Renton, County of King, State of Washington i PARCEL E: The South 'l of '•: e West 4 of the East 1 of the Southwest quarter of theSouthwestquarterofSectin10, Township 23 North, Range 5, East W.M. , in King County,Washington, exce the South 622 feet of the West 175 feet, and excepttheSouth470feetereof. p V R- er with an easement f . ingress and egress -15 feet ix. .ie width across, er and upon . he West t of the Southeast quarter of the Southwest quarter of the. Southwest. quarter of said Section 10, the centerline of which is described as follows: Beginning at the Southwest corner of said. Section 10; thence South 88' 02'43!' East 821.38 feet; thence North 0' 17'32" West 42 fee to.the point of beginning;_trhence North 0'171'32" West 580 feet to the terminus of said line; except that portion thereof included in the hereinabove described main tract. PARCEL F: The South 250 feet of the West half of the East half of the Southwest quarter of the Soutftwe,t quarter, Section 10, Township 23 North, Range 5 East, W.M. in-King County, Washington; EXCEPT the West 175 feet; . EXCEPT the South 42 feet conveyed to King County. under King County Recording No. 5738286. PARCEL, G: The North 110 f t of the South 360 feet of the"West half of the East half of the South . quarter of the Southwest quarter of Section 10, Township ul 23 North, Range 5 EaS't, W.M. , in King County, Washington; EXCEPT the West a 175 feet thereof;. TOGETHER with an easement for ingress and egress of 15 feet in width over, across and upon the following described real estate in CD King County, Washington: Over the South 220 feet of the West half of the East half of - Southwest quarter of the Southwest quarter of Section 10, CD Township 23 N• , Range .5 East W.M: , in King County, Washington, the centerline 01 of which is def i ed as follows: Commencing at the Southwest corner of said o0 Section 10; " - - South 88' 02'13" East 821.'38 feet; thence North 0'17'32" West 30 feetI to the point of beginning; thence North 0' 17'32" West 220 feet. PARCEL H: The South 470 feet of.the South ; of the West t of the East 1 of the Southwest curter of the Southwest quarter of Section 10, Township 23 North, Range 5 East, W.M., in king County, Washingt ; EXCEPT the West 175 feet thereof and EXCEPT the Sou 360 feet thereof and EXCEPT the East 98 feet of the North 60 feet thereof Together with.' easement 15 feet in width for roadway and utlities across, over and upon the West. 1 of tim Southeast quarter of the southwest quarter of the Southwest quarter of said Section 10, the centerline of which is described as follows: Beginning at the Southwest corner of said Section 10; thence SouthH88'02' 43". East 821.38 feet; thence North O'17'32" West 42 feet to the point of beginning; thence North 0'17'327 West 580 feet to.the terminus of said line; EXCEPT that po on thereof included in hereinabove described main tract. Tax lot 333; . section 10, Township 23 North, •Range 5 East W.M.) Building Setbacks for Primary Shopping Center Structure Future expansion of a primary stropping center structure eastwa±d fran the Safeway store 1 provide a setback line that is ccirpatible with a unified shopping center development approach, while providing architectural and design flexibility. Landscape Buffer A minimum ten '( 0) foot wide landscape buffer together with a siteobscuringfenceshallbeprovidedalongtheNorthpropertyline, .and a miniraun ten (10) foot wide landscape buffer shall be provided along the East property line. Such buffers shall be installedias part of site development consistent with the extent of sate development phasing. If additional property to the East is incorporated in the shopping center concept the Easterly buffer may be roved Eastwarid ..nsistent with sudh potential future expansion. r DURATION These covenants shall run with the land and expire on December 31, 2025. If at any t Me inlprovements are installed pursuant to these covenants, the portion oonofthe is pertaining to the specificinstalledl it rovements as required by the Oridninces of the City of Renton shall terminate without necessity of further d tation. Ai}y amendments or modifications of thisagreementdicurmn shall be val only if mut nall l ly agreed upon by- the City of Renton and the Owners (including heirs, successors, and assigns to the owners) in writing and recorded with the King County Department of Records and Elections.1 Proper legal , t edures in the Superior Court of King County may be instigated by either ,th city ot Renton or any property owners adjoining subject 'property who are actver ly affected by any violation or breach ot these restrictive D covenants. _ sonable attorney'sey's fees incurred during an enforcement proceeding will be borne by the parties whom the court determines are in error and shall Obe enteredias a judgment in such action. 1 1 Lee LL r 1 I J s L. Magstadt, tlLandonDevel • corp. Bette / I_, ! 1,? frxg, - . a eizr%, orCharles Owen; President Odyssey Development Corp. 01, ,,1 1 _ hest LTD. State of Washington) STATE OF W SHINGTON, County of Ki ss. ng On this 30th day of March 19 83 , before me ersonallaCherylA. Henry y ppearedYtomeknowntobetheindividualwhoexecutedtheforegoinginstrun}ent as Attorney in Fact for Delbert C. Bennett and Bette A. Bennettandacknowledgedthat .She signed the same as' her free-and voluntary act and deed as Attorney in Factforsaidprincipalortheusesandupurposesthereinmentioned, and on oath stated that the Power of Attorneyauthorizingtheexecutionof, ys=n:strument has not been revoked and that said principal is now living and is not insane . GIVEN under, m `hand.-and official seal the dayandyear 1. F- Y abo e tten. f= 4, ' L4-7, Notary Publi "n and for the State of Was ington, ACKNOWLEDGMENT--'ATTORNEY IN FACT r.siding at FIRST AMERI,CAN.TITLE COMPANY . Notary Public in and for the State of Washington, residing in : I 74' , 1 .-E s . , •lt .:., " .__ "- yv - day o ", C-u."1.( 19 ( before me personally appeared re Corporate presentative of .Landon Development Corp., . the person who executed t the within and oregoing instnment, and acknowledged said instrument to be the free and vo untary act and deed of said person for the uses and purposes therein mention'. , IN WITNESS ,mr sF, I have hereunto set my hand and affixed my offical seal the day and year for the above written. japtir olio in'and for the State s .,. gton, residing in 0 1 R7 pOnthis3O -" day of, 19 03, before ne personallyY appeared the corporate repres- tative of Odyssey Development Corp.,, the .person who .executed the within and.fe egoing instrument, and acknowledged said instrument tobel the free and Voluntary act and deed of said persons for the uses and purposes therein mentioned. IN WIINESS I have hereunto set my hand and affixed my off ical Pal the day and year for the above written. J St! a 3iL ia,: •'1 I Public in and for Washington; residing • i 1 On this day of, ` 19 before ne personally appeared the Corporate rep sentative of MuIltivest Development Corp., the person who executed the within and foregoing instr„rrent, and acknowleged said instrunent to be the free and voluntary act and deed of said person for the uses and purposes therein • tioned. IN WITNESS WHER1OF I have hereunto set my hand and affixed my offical seal the day and year for the above written. 1 Notary Milo in and for .- State of Wa • gton, residing in Renton; City Council May 2,, 1983 Page Two Plannijng and intent of the Majority Report to allow completion of review by Develo'pment the Hearing Examiner, the person best qualified to discharge Committee; that responsibility. Bennett-Multi- Vest Rezone Mr. Anderson felt the 11 conditional use criteria had been Restrictive properly addressed in the Building & Zoning Departmental staff Covenants report, and advised the applicant had pursued compliance in all continu d) requirements as directed by staff through the review process. Mayor Shinpoch clarified that the Hearing Examiner had not erred, but raher erroneous information had been provided to him. City Attorney .Warren discussed duties of the Examiner, indicating that because the Building & Zoning Department report had addressed the criteria, no assumption should be made that the Hearing Examiner had accomplished similar review. Council discussion was then held regarding scope of the Examiner's review, estimate of time for reconsideration should the matter be remanded, and whether the matter had been properly addressed in the Examiner's report. Continue. Stanley Piha, 300 Elliot Avenue W. , Seattle, representative of the applicant at the prior land use hearing, recalled testimony at the hearing had addressed the issue of the arterial access. Councillman Stredicke requested the record reflect his opinion that he' is simply asking for an administrative review of the facts by the Hearing Examiner with a report back to Council since 'the Hearing Examiner in his report had not given an opinion on whether or not all conditions of the conditional use permit had been met; this request would not interfere with the filed appeal , and time of the appeal should be allowed to run until that report is submitted to Council ; the shortage in the setback is not the issue; and Stredicke is not opposed to the development as proposed, but if an argument were to be made, approvlal of the conditional use permit circumvents zoning and building codes of the City of Renton, and is expanding a conditional use which is not permissible by law. Motion to concur in the Majority Report of the Planning and Development Committee was restated. ROLL CALL: 2 AYES: REED, MATHEWS. 5 NAYS: TRIMM, CLYMER, HUGHES, ROCKHILL, STREDICKE. -MOTION FAILED'. MOVED BY CLYMER, SECONDED BY ROCKHILL, COUNCIL FIND THE HEARING EXAMINER WAS IN ERROR AND THE CONDITIONAL USE BE GRANTED AS REQUESTED. CARRIED. AUDIENCE COMMENT Michael Smith, 1234 •S. 3rd, requested discussion of Planning and Development Committee report regarding Bennett-Multi -Vest Rezone. MOVED BY ROCKHILL, SECONDED BY MATHEWS, SUSPEND THE RULES AND ADVANCE TO PLANNING AND DEVELOPMENT COMMITTEE REPORT UNDER OLD BUSINESS. CARRIED. Planning and Planning and Development Committee Chairman Rockhill presented Development a report reviewing prior action of the Council on appeal of the Committee Bennetlt-Multi-Vest Rezone in which restrictive covenants were Bennett-Multi-requiried imposing certain setbacks and screening as a condition Test Rezone of applroval . Water District 90, owner of Parcel C in the interior RmR2 +L824, of the subject site and not affected by the conditions of the 1-8 ) covenants, refuses at this time to sign the document in spite of the fact that a binding property exchange agreement exists between the district and the applicant; however, the transaction is not anticipated to be consummated for some time. The Committee still feels the rezone is warranted, particularly since the new Safeway store on the corner of Union Avenue N.E. and N.E. 4th Street is developed on the subject site, which has been designated for shopping center development. Report continued Therefore, the Committee recommends that the Council permit the developer to file restrictive covenants without the signature of Water District 90, and approve the rezone ordinance. However, Council should go on record requiring the developer to insure inclusion of Parcel C in covenants concerning traffic circulation once that parcel becomes part of the shopping center. Council should further require the developer to limit access to Parcel C from Ilarcels A, B and D, if Parcel C is not ultimately included in the shopping center complex but acquired by a third party. I 1 y , N Y`- d I RENTON CITY COUNCIL Regular Meeting May ' 1983 Municipal Building Mond-y, 8:00 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of -the Renton City Council to order. ROLL CALL OF THOMAS W. TRIMM, Council President; EARL H. CLYMER, ROBERT J . COUNCIL MEMB,ERS HUGHES, RANDALL ROCKHILL, RICHARD M. STREDICKE, JOHN W. REED, NANCY L. MATHEWS. CITY STAFF IN BARBARA Y. SHINPOCH, Mayor; LAWRENCE J. WARREN, City Attorney; ATTE'iIDANCE MAXINE E. MOTOR, City Clerk; RICHARD C. HOUGHTON, Public Works Director; MICHAEL W. PARNESS, Administrative Assistant; CAPTAIN DON PERSSON, Police Department; MICHAEL MULCAHY, Finance Director. PRESS Jan Hinman, Renton Record-Chronicle. MINUTE APPROVAL MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL APPROVE THE MINUTES OF APRIL 25, 1983 AS PRESENTED. CARRIED. PROCLAMATIONS A proclamation by Mayor Shinpoch declared the week of May 22-28, National Public 1983, as National Public Works .Week, to recognize and honor the Works Week qualified and dedicated personnel who staff public works departments responsible for efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings and snow removal . Municipal A proclamation by Mayor Shinpoch declared the week of May- 8-14, Clerks Week 1983, as Municipal Clerks Week, in recognition of the outstanding and vital services performed by Municipal Clerks. AUDIENCE COMMENT Robert Anderson, 111 Williams Avenue S. , requested discussion of Planning and Development Committee report regarding Renton Family Practice Center Appeal . MOVED BY ROCKHILL, SECONDED BY REED, SUSPEND THE RULES AND ADVANCE TO PLANNING & DEVELOPMENT COMMITTEE REPORT UNDER OLD BUSINESS. CARRIED. Planning & Planning and Development Committee Chairman Rockhill presented a DevOopment majority and minority report regarding this matter. The majority Committee report, signed by Councilmen Reed and Stredicke, stated that the Ren't;on Family because the Building and Zoning Department had provided erroneous Practice Center information to the Hearing Examiner concerning the status of, App al Williams Avenue S. as an arterial 'road, the Examiner had CU- D11-83 incorrectly found and concluded that direct access to an arterial Majority Report street was not available from the subject site. Therefore, the Examiner had not proceeded with his review of the 11 criteria listed in Section 4-748 necessary to approve a conditional use permit. The majority report recommended reversal of the Hearing . Examiner due to this error in fact, and remand of the application back to the Hearing Examiner for consideration of the factors listed in Section 4-748. Min rity Report The minority report, signed by Chairman Rockhill , recommended the Hearing Examiner be reversed and the permit be granted outright, since information contained in the staff recommendation and the Hearing Examiner reports indicate the 11 criteria in Section 4-748 have been adequately discussed and show an overwhelming preponderance of evidence to justify this permit. MOVED BY STREDICKE, SECONDED BY REED, COUNCIL CONCUR IN THE MAJORITY REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE.* Con inued An addition to the Minority Report was provided by Councilman Rockhill to reflect an error in fact in the Examiner's report in the statement the subject site does not have appropriate . access to an arterial street. In support of his report, he cited Section 4-3016(G) of the Hearing Examiner Ordinance, which gives authority to Council on appeal to enter its own decision. He also noted a minor seven-inch shortage in the required 20-foot front yard setback of the site, which he felt should not be a violation. Councilman Stredicke discussed the Renton City Council May 2, 19 '3 Page Thre Planning and Councilman Stredicke requested his name be stricken from the Development committee report since he felt the Committee had not voted on Committee a course of action, but rather to request discussion and Bennett-Multi- recommendation on the matter on the Council floor. City Attorney Vest Rezone Warren drew the site's configuration on the blackboard, and continued explained the committee recommendation to include Parcel C in traffic circulation patterns once acquired by the developer, but limit traffic to Parcel C from Parcels A, B and D if not obtained by the developer, but by a third party who may not include the parcellin the shopping center complex. Discussion was held regarding impacts resulting from withdrawal from the rezone by one of the participants. City Attorney Warren discussed. available alternatives including filing a new rezone application or following the procedure proposed by the committee. Councilman Stredicke discussed potential problems if the proposal is , approved caused by close proximity of Parcel C to the new Safeway structure. Also discussed were proposed left turn lanes, modified circulation patterns, and need for rezone to business/ commercial classification by the owner of Parcel C if shopping center use desired at a later date unless covenants are signed and the property exchanged to the developer. Continued Mr. Smith indicated the requirements contained in covenants, sight- bscuring fence along the northern and eastern property lines and unified frontage required along the main building, would not be impacted ibydeletion of Parcel C from the covenant requirement. MOVED BY ROCKHILL, SECONDED BY TRIMM, COUNCIL ADOPT THE PLANNING AND DEVELOPMENT COMMITTEE REPORT. CARRIED. AUDIENCE COMMENT Finance Director Michael Mulcahy requested advancement to continued the correspondence portion of the agenda to accommodate certain members of the audience in attendance to discuss bond issues. MOVED BY CLYMER, SECONDED BY HUGHES, SUSPEND THE RULES AND ADVANCE TO CORRESPONDENCE. CARRIED. CORRESPONDENCE Correspondence was read from Mr. Mulcahy reporting bid results Bid Openilg - this date for issuance of $1 .5 million in Water/Sewer Revenue Water/Sewer Bonds authorized by Council in early April , 1983. Three bids Revenue B.nds were received from Foster & Marshall/American Express, Inc. ; Seattle Northwest Securities Corporation; . and Piper, Jaffray Hopwood; with net interest rates of 8.6956%, 8.7139%, and 8.7157%, respectively. The letter recommended acceptance of the low bid of 8.69% by Foster & Marshall/American Express to purchase the:bonds. Mr. Mulcahy reported that following approval by Council of issuance.of the bonds, an official statement of bid was prepared and referred to Moody's Investors Services, which gave the issue an A-1 rating due to low water rates in Renton compared to other districts in, King County and because of very good financial coverage shown in the past. Approximately 400,000 in savings will be generated during the life of the bonds from lower interest rates or approximately $20,000 per year; 12% interest rates initially estimated. MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE RECOMMENDATION OF THE FINANCE DIRECTbR TO ACCEPT THE: LOW BID OF 8.69% NET INTEREST RATE. CARRIED. It was noted the last General Obligation Bonds were sold at 12.20% interest rate approximately one year ago. CONSENT GENDA The following items are adopted by one motion which follows the listing: Revision to Planning Commission proposed adoption of a proposed revision B-1 Zo,ning to the B-1 , Business Use, Zoning District. Refer to Planning District and Development Committee for recommendation. Liberty ark Parks (Department requested approval of final pay estimate in Swimmiing Pool the amount of $25,061 .72, acceptance of project (Liberty Park Sanitary Sewer Swimming Pool sanitary sewer) , commencement of 30-day lien CAG-06-83 periodl for release of retained' percentage to contractor, Kohl Excavating, in the amount of $1 ,159.19 if no liens or claims1 are filed. Council concur. N1 i. . . , A. 4 Ren u;.n City Council May "! , 1983 Pag= Four CON" NT AGENDA Public Works Director presented supplement to Boeing Lease Apr. "C" for sublease of tie-down area on Apron "C" to be turned over Subl`-ase and to city by Boeing for temporary three year revocable period, Tem• l. rary Lease and sublet to Cedar River Hangar Partnership. Refer leases to Aviation Committee, Council concur in approval of interim sublease use of portion of Apron "C" for the month of May, 1983. Con I ruction Public Works Director presented Utility Division April Sta ' s Report & Construction and Program Status Report and 1983 Comprehensive Sew. Revisions Plan Sewer 'Revisions. Refer to Utilities Committee for review. Ani ' 1 Control Police Chief requested-review of staffing level for animal Sta ' ing control services. Refer to Public Safety Committee. Tho `Ias Property City Clerk requested ordinance for annexation of Thomas Ann; ation Property, 52.28 acres lying contiguous to southeast boundary of city limits and across the river from Maplewood Addition; Boundary Review Board Report received 4/19/83 citing no request for review and no jurisdiction invoked. Refer to Ways and Means Committee. KalI Court, Summons and Complaint filed by Richard Kalk v Jane Vanderlinden Cas and City of Renton in Superior Court for injuries alleged in pedestrian .accident 12/20/82 on Park Avenue N. Refer to City Attorney and Insurance Carrier. Cot0e Court Court case and claim filed by Nancy Jean Cottle v Kimberly Cash+ & Claim Hatch and City of Renton in Superior Court for injuries alleged in accident 2/9/83 on 76th Ave. NE. Refer to City I Attorney and, Insurance Carrier. I MOVED BY REED, SECONDED BY MATHEWS, ITEM 6.d. BE REMOVED FROM CONSENT AGENDA FOR SEPARATE CONSIDERATION. CARRIED. MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL ADOPT CONSENT AGENDA AS AMENDED. CARRIED. Ite1 6.d. Municipal, Arts Commission presented 1% for Art Procedural Rem• ed. from Guidelines for Council review and approval . Councilman Reed Con•'ent Agenda: requested the matter be referred to Community Services 1% I.r Art Committee for discussion instead of Ways and Means Committee Procedural as listed. MOVED BY MATHEWS, SECONDED BY REED, THIS MATTER Gui •elines BE REFERRED TO COMMUNITY SERVICES COMMITTEE. Upon inquiry, Administrative Assistant Parness indicated that the procedure is acceptable to all parties and the matter could have been referred to either committee. Councilman Reed assured Council there is no intent to eliminate .1% for Arts funding. ROLL CALL: 4 AYES: TRIMM, HUGHES, REED, MATHEWS. 3 NAYS: CLYMER, ROCKHILL, STREDICKE. MOTION CARRIED. OLD BUSINESS Councilman Stredicke clarified intent of consent agenda item Sub ease of regarding sublease of Apron "C" to approve only the interim Apron "C" at agreement for the month of May, with permanent leases referred Rentn Airport to Aviation Committee. Community Community Services Committee Chairman Reed presented areportSereicesrecommendingacceptanceofthelowbidof $359,688.79 plus tax Comittee in the amount of $29, 134.79 for a total of $388,823.58 by Citfl Shops Kohl Excavating, Inc. for the Municipal Shops Project scheduled Pro ect to commence on May 25, 1983. The report also recommended authorization for the Mayor and City Clerk to sign the contract. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMUNITY SERVICES REPORT AND AUTHORIZE THE MAYOR AND CITY CLERK TO. SIGN THE CONTRACT. CARRIED. r Hum.'n Rights CommunityServices Committee Chairman Reed presented a status andiAffairs report regarding proposed changes to the ordinance governing Co fission the Human Rights and Affairs Commission. The Commission feels Ordinance that a cooperative agreement could be pursued between the city and state Human Rights Commissions in matters of enforcement 1 action and subpoena powers; and the City Attorney was directed to contact the state commission to determine necessary changes I j' b, 4 Ce-1^-1C_ PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT 1 MAY 2 , 1983 BENNETT MULTI-VEST REZONE ; Sometime ego, Bennett Multi-Vest appealed the Hearing Examiner's decision concerning its rezone. The Council amended the Hearing Examiner's decision modifying the setback and screening requirements and requested the City Attorney' s office to revise the Restrictive Covenants that existed on the property. The Council later required that Covenants concerning the setbacks and screening be reduced to writing signed by the applicant and filed before the rezone ordinance would be passed. It has1su sequently been determined that the owner of Parcel C, which is in the interior of the project and is not affected by the required Covenants, will not sign the Covenants. This' parcel of property is owned by Water District No. 90. The Council has been informed that there is a binding property exchange agreement between the developer and Water District No. 90 but that the transaction =wi•ll not be consurrmated for some tjime. The Committee still feels that this rezone is warranted, particularly as the first portion of the shopping center, the Safeway property, is in the midst of development. This is one of the two areas on the East Hill of Renton that have been designated for shopping center development. Therefor , the Committee ;recommends that the Council permit the developer to file the Restrictive Covenants without the signature of Water District No. 90 and, once those 'ReSitrictive Covenants have been filed, to pass the rezone ordinance. However, the Council should go on record requiring the developer of the center to insure that Parcel C is included in the Covenants dealing with traffic circulation , once Parcel C becomes part of the shopping center. The Council should further require the developer to limit access to Parcel C from Parcels A, B and D, should Parcel C not be obtained by the shopping center developer but be acquired by a third party who does not include Parcel C in the shopping center complex. 1 1 Randy; Ro' kh i 1 1 , Chairman John Reed Richard Stredicke 1 r \ PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT MAY 2, 1983 BENNETT MULTI-VEST REZONE 1 Sometime ago, Bennett Multi-Vest appealed the Hearing Examiner's decision concerning its rezone. The Council amended the Hearing Examiner's decision modifying the setback and screening requirements and requested the City Attorney' s office to revise the Restrictlive Covenants that existed on the property. The Council later required that Covenants concerning the' setbacks and screening be reduced to writing signed by the applicant and filed before the rezone ordinance would be passed. It has subsequently been determined that the owner of Parcel C, which is in the interior of the project and is not affected by the required Covenants, will not sign ;the Covenants. This parcel of property is owned by Water District No. 90. The Council has been informed that there is a binding property exchange agreement between the developer and Water District No. 90 but that the transaction will not be consummated for some time. The Committee still feels that this rezone is warranted, particularly as the first portion of the shopping center, the Safeway propert , is in the midst of development. This is one of the two areas on the East Hill of Renton that have been designated for shopping center development. Therefole, the Committee recommends that the Council permit the developer to file the Restrictive Covenant's without the signature of Water District No. 90 and, once those Restrictive Covenants have been filed, to pass the rezone ordinance. However, the Council should go onl record requiring the developer of the center to insure that Parcel C is included in the Covenants dealing with traffic circulation., once Parcel C becomes part of the shopping center, The Council should further require the developer to limit access to Parcel C from Parcels A, B and D, should Parcel C not be Obtained by the shopping center developer but be acquired by a third party who does not include Parcel C in the shopping center complex. G-10 ' Randy khill , Chairman 1 1 j-/,--H w John Reed 7) Richard Stredicke 2. je" y„ c .z.,L-ie_ &. Q2--2'?-n--, "---e ur.s ` _/ f 1 o OF ike OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON a 0 V 4$ E G POST OFFICE BOX 626 100 S 2nd STREET • RENTON.WASHINGTON 98057 255-8678 np LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 9. 00 Qom. DAVID M. DEAN, ASSISTANT CITY ATTORNEY 9gTF0 SEP O' MARK E. BARBER, ASSISTANT CITY ATTORNEY April 27 , 1983 ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY TO: Planning and Development Committee FROM: Lawrence J. Warren, City Attorney RE: Restrictive Covenants for Bennett-Multivest Property Gentlemen: Some time ago you had an appeal before you from Bennett- Multivest. You modified the Hearing Examiner' s conditions , partly at my suggestion, to include a site-obscuring fence on the northern boundary of the properties and a ten foot landscape barrier on the east side of the property. The restrictive covenants requiring these items were then drawn and submitted to the property owners . You will find attached he eto a letter from Mike Smith on behalf of Bennett-Multivest an a letter from George Fiori , attorney for Water District No . 90 , one of the property owners . Water District No . 90 re uses to sign the restrictive covenants . Th' s leaves us with an unusual problem. Apparently Bennett- Mu tivest requested the City of Renton to rezone property, , and at least one parcel of the property is not in their o ership . Apparently they have no claim against the property ex ept they intend to bid on the property after the property is declared surplus by the Water District . Bennett-Multivest now requests that we delete parcel C, the Water District Parcel , from the required restrictive covenants , take the restrictive covenants file them and then pass the necessary rezone ordinance. am not sure that the Council Committee wishes to do this , nor that the Committee feels like it was fully advised when this appeal was before it. I thought it best to bring this en ire topic back to the Committee for direction. Lawrence . Warren L :nd cc Roger Blaylock Dave Clemens Fred Kaufman Mayor PACIFIC LAND RESEARCH 1140 140th Ave. N.E. • Bellevue,Washington 98005 206) 454-4421 (206) 226-2099 fie"i. e,..., E.2E0wE 1.,4:;;It. v.ow 4r. :irk0_,,,,,.,,,, At.lr. o.,,.:,. . ...,,,,,,... ,, 1 ,, :..„... :,,;.:.-,,,.,. ,-,.,....:-.., D 4 PR 221983 April 21 , 1983 W _N&K{ELLOG 1',;:R, Mr. Larry Warren. C i ty Attorney CITY OF RENTON City Hall a Renton, Washington 98055 RE: Declaration of Restrictive Covenants for Union Square Shopping Center Dear Mr. Warren: 0 Fur uant to the city council 's recommendation we have drafted a Declaration of Restrictive Covenants that have been reviewed by your office and by the Renton Planning Department and have been approved as to form and content. We have proceeded withobtainingthesignaturesofallpropertyownersinvolvedintherezonethat are identified on the attached map showing parcels A through G. All the signatures have been obtained with the exception of Parcel C, which is owned by Water District 90. We have received a legal opinion from Water. District 90's attorney, Geo'ge Fiori , Jr. , which is attached, indicating their inability from a lagal standpoint to obligate the Water District's property to re- str-ctive covenants. However, they have indicated to us that they are in the process of surplusing a portion of the property behind the existing pump station. Therefore, it is relevant. for their property be included in the total rezone. As you can see from the attached map the property is not constrained nor effected by the 10 toot landscape strip and the site obscuring fence. To expedite this process, the owners are requesting that Parcel C be eliminated from the restrictive covenants. 1 As ou can see by touring the property that Safeway is rapidly underway and anticipates to be open by mid-July. 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''' .' ' ;....,.....i.F:1:';4, r-4;....:-:..',f;•-.'•" ';:,t--:''--......4.',.)'`.. ..,. ,/..:, i,; / ,4 ,•i%•,,,*;•::,?...,: •.. • of the Safeway site The.owners:.:lare'r.iegoti.ating. with a number of other users t,'••,..:,...... user's •that will* be occupying the. remaining••developable .area'..in..the -.---...•-:....-•••.•; :',.:.•.:r.r.-',;,•• shopping center development.' Your cooperation will be appreciated. • •, : .. ..,. .. „ • •, . Sincerely PACIFIC LAND RESEARC • ••••'...'. •,i......'....... 1..,:„.,•••••.,- ......,,..........:•, •?•••••::-.••i.••••..i. ..-...., .....:.,„.,..• V 2,,,,3,,.-i.1••••i::.,..•-•'0.'....,'•••":,.!•''...-. -•••••••.••, •••-• . 1-•..•••••:.•-•••:••• „- . i-;,:••.' :•'•,:r•-•.--.-,..•••••,-.,.•••••••:,. ....,:.•;......,....,,. y.,...,.,...„:..,.,...:......:7........!,1...,::'..:•'. '• :/'. 5'7.'''•.,?:.',',..< •.. 1 '''••••••':': 1;11!.•'-"•. 1: 1;'•',..., ', .•..:•„:.....' 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F :-. • •.: ' :.:`' '''' '.•'iV.t;'-r.if.'3 4. 4.6..:......",,,:•:v:i'••••,;'-‘'..'ri. ••••••• •••,•,."' •:,• i.‘,,'.••:,'.', 7.:.:,- .:, . .•::•:-• !1:•:::,••••'•'.!i,f,:;•*•• I • ' : •.::.,•:-,•,,P,,'• .f..,.••••::1:•'::.::-11,:::—••:!.::::;,:',-.-,•;•:::•••;%.c,,:..1:r:,•?,:•:::•',.1,:',-..,.• :';':,:,-- F,:,:::,,::.',.:.:.::‘....:,..*/ r,?/,,',,,:....•••:.•: j;':•::;1*;••:;..;?::?::-.1.:2.:••:e....,:;;,.. .?t"••••••:.. ' 2. '..-•••,. •:..• : •, .:•:-. 1::- ' :. .••....';':. %?..:-"-...'•'. .. Pres I dent ."-,--,--3,,:.:..!,,...:.h... ,:,••• .,.... .; •,... ..-... j.:..,- -••••..•...H. .•!-.-.., ....:.• .:.:•••••......,...„...•:.-...:,....-•,••,...:;......,...,. .„,.,..,,,,::-....-:;•....Y. ...;.;..••••• ....... . .• -• - ,. • 1 1 • • Ip I oc. rn so f SITE OBSCURING FENCE - ( E3 Z9• 32a, of 10 FOOTLANDSCAPE0. IXk,X AX E BUFFER f. I•O.• 75' "- ` u 4 Y', •. W i. NCI:f i E \.<,.. r i I t 33 L.reki 4 . H )i.:...., . ..• • . I 6_5' 2.2"•I.. 3-4. 111Qfil l• I G \ t C4Dz . .... . . :, :, ..- h i 'IN F .4 LI:. .. .. 1' • 44 Aof-r _ A,.a: :a'r , S T 1 fa r- f /f EivT'oiY C •iMiTs.o io 2308 1`f29 6 fN7Li1/ '.,A:0 a.iy., r/. /`%'on,/i_s%/ '.! No t.•.;. No G S, /ir c o/ cfip Tom-- L'_ - d LAW OFFICES OF HARPOLD& FIORI OEO GE FIORI.JR. Reply to: 3204 AUBURN WAY NORTH DAVID L.HARPOLD AUBURN.WASHINGTON 98002 TELEPHONE 1206)833-5001 838-0510 JOHN R.RIZZARDI KENNETH W.FORNABAI 924-0124 April 6, 1983 1 Mr o obert W. Butt l Multivest Ltd. 206 Southwest 43rdStreet Renton, Washington 98055 e : Shopping center Site Northeast '4th Street and Union Avenue N.E. Renton, Washington Dear Mr. Butt: I return herewith the City of Renton' s Declaration of Restrictive Covenant which •= presented, together with your l.ette to the Commissioners at the regular meeting held April 5 , 1983. The Commissioners and I , and perhaps even the State Auditor, ',express great concern and disagree with the 4cessity of King County Water District No. 90 'executing a restrictive covenant on their land that will expose them to ;thle risk provided in the last paragraph of said restrictive r covenant. 1 • Also, the District has no control , nor does it desire" control , over your '1"future expansion of a primary shopping center structure eastward" and. the set; back lines that may or maY not be compaltibl.e with a unified shopping center development approac,h. You and the city of Renton may very we:Lll. ?ecome involved in an argument over this very general and ambiguous language and the District suddenly find itself a party to the law s;ui t; or in the alternative some adjoining property owner may attempt to enforce this language and again we would be party to a lawsuit and could incur substantial legal expenses. The landscape buffer of ten feet as written! in the restrictive covenant could very well be interpreted to apply to the Water District since we are a party to it and our property is legally described therein. We have no intention of having a ten foot tuffer along our east property line ; nor do we desire to construct "a site obscuring fence" along our northerly I I i l I Mr. . Robert W. Butt Apri 6, 1983 Page 2 I prop rty line together with a ten foot set back. I understand and appreciate that in allprobabilitytheCityofRentondoesnotexpectand/or intend torequiretheDistricttocomplywith .the covenants; but myresponseisthenwhymakeusapartytosame. 2 did not call and 'discuss this with you in thattheDistrict' s position is clear and absolute - it doesnotintendtobeplacedinapositionofcontingentliability. Sincerely, HARPOLD & FIORI George F •ori , Jr GFJ/mml cc:. ! ing County Water District No. 90 I I a- C• OF I? ? OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON 0 C) 4$ L 1- Z POST OFFICE EO><626 100 S 2nd STREET • RENTON, wA5+INGTON 98057 255-e678 ea I' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY DAVID M. DEAN. ASSISTANT CITY ATTORNEY ARBER, ASSISTANT CITYATTORNEYAOA, Tet SEPt April 1 , 1983 O Q MARK E. ZAN TTAB FONTES, ASSISTANT CITY ATTORNEY li- Michael L. Smith, President Pacific Land Research. 1140 140th Avenue NLE. Bellevue, WA 98005 Re : Bennett-Multivest Rezone, R-024-82 Dear Mike : I have reviewed the draft of restrictive covenants and find that they meet the requirements established by the City Council . Therefore, they are approved as to legal form. I am f rwarding a copy of the proposed legal covenants to Roger Blaylock. with. the City so that he can also review them. You sh.uld contact Roger and determine whether or not he has any ob 'ections . Very truly yours , Lawrence J . Warren LJW:nd cc : Roger Blaylock M=yor D D a ' ICN OF RESTRICTIVE COVENANT'S W1 EAS, ';Delbert C. Bennett and his wife Bette Bennett, Corporation~Odyssey Develoi - t Corporation, Multivest LTD, and ringCountyWaterDistrictNo. 90 are the owners of thefollowingrealcityofRenton, County of King, State of Washington, bedpro as f in the described as follows: LEGAL DESCRIPTION PARCEL A: The West " of the Southwest 4 of the Southwest 4 of Section 10, Township23North, Range East, W.M. ; EXCEPT the N 5629 feet thereof; AND EN2EPTt7ie West 305 feet of the South 65 feet of the North 694 feet thereof; AND t. Southerly 629 feet of the Westerly 396.4 feet thereof; portion thereof described as follows: Beginning fat a 'point 30 feet North of the Southeast borner of said West35oftheSouthwest4oftheSouthwest ; of said Section 10; thence West250feet; thence North 436 feet; thence East 250 feet; thence South 436 feet to the point of beginning;AND EXCEPTIthe most Southerlyi 42 feet thereof for S.E. 128th St. ascoveyedtoKingCoinbydeedsrecordedunderRecordingNos. 5741040andANDEXCEPthemostWesterly40feetthereofforUnionAvenueN.EE. 5741044; PARCEL B: 1 . That portion f the West 15 of the Southwest 4 of the Southwest 4 ofSection10, TbunShip 3 North, Range 5 East, W.M. described as follows: Beginning 42 eet North and 75 feet West of the Southeast corner 1of saidWest1; thence West 1 5 Feet; thence North 24 feet; thence East; 1/5 feet; thence South 424 feet to the point of beginning; PARCEL C: The East 75feet or the following: Beginning 42 feet North of the Southeast corner Of the West 1 of theSouthwestoftheSouthest ; of Section 10, Township 23 North,in King Cotrity IIf Washington; Range 5 East, W.M. thence West 25(? feet; thence North 424 feet; thence East l2 feet; thence South 4 4 feet to the point of beginning; PARCEL D: The West 175: feet of the South 622 feet of the East, half of theSouthwestquarteroftieSouthwestquarterofSection10, East W.M. , in g County, Washington; dip 23 North, Range 5 EXCEPT the Sou 42 feet thereoof conveyed to King County for road bydeedrecordedunderR6cordingNo. 5790505. 1 Situate in the City of Renton, County of King, State of Washington PARCEL E: The South Of West ;5of the East 1 of the Southwest quarter of theSouthwestquarterofeion10, Township 23 North, Range 5, East W.M. , in King County,Washin 9 except the South 622 feet of the West 175 feet, and excepttheSouth470feetthereof. 1 I Together with an casanent T ingress and egress 15 feet the width across,ovut andupOn the West 1 the Southeast quarter of the SouthwestquarteroftheSouthwestquarterofsaidSection10, the centerline of which isdescribedasfollows: Beginning at the Southwest corner or said Section 10; thenceSouth88902'43" East 821.38 feet; thence North O' 17'32" West 4.2 fee to thepointofbeginnin ; thence North 0'17'32" West 580 feet to the terminus of said line; except that portion thereof included in the hereinabove described main tract. PARCEL, F The South 250 feet of the West half of the East half of the SouthwestquarteroftheSauteestquarter, S ction 10, Township 23 North, Range 5 East, W.M.in King C ty, Washington; EXCEPT tie est 175 feet; EST the South 42 feet conveyed to King County under King CountyRecordingNo. 5738286. PARCEL G: The North 110 feet of the South 360 feet of the West half of the EasthalfoftheSouthwestquarteroftheSouthwestquarterofSection10, Township23North,! Range 5 East, W.M. , in King County, Washington; EXCEPT theWest175feetthereof, TOGETHER With an easement for ingress and egress of15feetinwidthover, across and upon the following described real estateinKingCounty, Washington: Over the South 220 feet of the West half oftheEasthalfoftheSouthwestquarteroftheSouthwestquarterofSection10,Township 23 North, Range 5 East W.M. , in King County, Washington, thecenterlineatwhichisdefinedasfollows: Commencing at the Southwest corner ofsaidSection10; thence South 88' 02'43" East 821.38 feet; thence North O'17'32"West 30 feet to the point of beginning; thence North 0417'32" West 220 feet. PARCEL H: The South147 feet of the South 1 of the West J5 of the East 1 of theSouthwestquarteroftheSouthwestquarterofSection10, Township 23 North, Range5East, W.M. 1, in King County, Washington; EXCEPT the West 175 feet thereofandEXCEPTtheSouth360feetthereofandEXCEPTtheEast98feetoftheNorth60feetthereof. Together with an easement 15 feet in width for roadway and utlities across, aver and upor# the West 35 of the Southeast quarter of the southwestquarteroftheSouthwestquarterofsaidSection10, the centerline of which isdescribedasfollowsl: Beginning at Southwest corner of said Section 10; thence South 88'02'43" East 821. 8 feet; thence North 0'17'32" West 42 feet to the pointofbeginning;,' thence North 0'17'32" West 580 feet to the terminus of said line;C3EX PT that rtion thereof included in hereinabove described main tract.Tax lot 333, in section 10, ibwnship 23 North, Range 5 East W.M.) Building Setbacks for Primary Shopping Center Structure Future expans n of a primary shopping center structure eastward from the Safeway store shall provide a setback line that is compatible with a unified fShoppingice.• tn r development approach, while providingng architectural and design Landscape Buffer A minimum ten '(10) foot wide scape buffer together with a site dbsctlringfenceshallbeprovidedalongtheNorthpropertyline, and a minimum ten (10) foot wide 1anclscz pe buffer shall be provided along the East property line.Such buffers 1 be installed as development consistentwithpartofsitetheextent ', I site development phasing. If additional property to theEastisincorporaintheShappn-g center concept the Easterly buffer maybemovedEasconsistentwithsuchpotentialfutureexpansion. DURATION These 1, is shall run with the land and expire on December 31, 2025. If at any tine improvements are installed pursuant to these covenants, the portion of the colVehants pertainingto the s improvements asrequiredspecificinstalled by the Or' i es• of the City of Renton shall terminate without necessity of furtherd ntation. AnyamendmentsiI or modifications of this agreement shall be vapid only if mutually agreed upon by the City of Renton and the Owners (iicludin heirs, successors, and assignsg to the owners) in writing and recorded with the King county'Department of Records and Elections. Proper legal procedures in the Superior Court of King County may be instigated by either the City ot Renton or any property owners adjoining subject property who are ad sely affected by any violation or breach ot these restrictive covenants, sonable attorney's fees incurred during an enforcement proceeding will be bo by the parties wham the court determines are in error and shall be entered as a ujfigment in such action. Delbert C. Bennett James L. Magstadt, President Landon Development Corp. Bette Bennett Charles Owen, President Odyssey Development Corp. 1 Robert Butt, tivest LTD. King County Water District No. 90 State of Wa County of IICLIV I On this i day of, 19 , before me personallyappearedI Delbert C. Bennett and Bette Bennett, the persons who executed the within and - foregoing instrument, and ackinstrumentledged said instrument to be the free and voluntary act and deed of said persons for the nos and purposes therein mentioned. IN WIGS IF, I have hereunto set my hand and affixed my offical seal the day and year for the above written. I Notary Public in and for the State of Washington, residing in I On this day Yappeared19 , before me pc, mall the Corporate representative of Landon Development Corp., the person who executed the within and foregoingeg'o g instrument, and acknowledged said instrument to be the free and voluntary act and deed ot said person for the uses and purposes therein mentioned., IN WrINESS ITEOF, I have hereunto set my hand and affixed my offical seal the day and year for the above written. - Notary Public in-and for the State of Washington, residing in On this day of, 19 , before me personally appeared the cozporate representative of Odyssey Development Corp., the person who executed the within foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. IN WIGS I have hereunto set my hand and affixed•my offical seal the day and;; y.. for the above written. N Notary Public in and for the State of Washington, residing in On this 1 day ot, 19 before me personally appeared the Corporate4epresentative of Multivest Development Corp., the person who executed th 'thin and foregoing instrument, and acknowleged said instrument to be the free and voluntary act and deed of said person tor the uses and purposes there mentioned. IN WITNESS I have hereunto set 'my hand and affixed my offical seal the day and y.. 'for the above written. J Notary Public in and for the State of Washington, residing in Qn• this of,19 before me personally appeared the corporate representative of King County Water District No. 90, the per'son,who executed the within and foregoing instrument, and acknowledged said instrument to be the tree and voluntary act and deed of said person for the uses and purpoges therein mentioned. IN WTIWESS WHE EOF, I have hereunto set my hand and affixed my offical qral the the day and -. for the above written. Notary Public in and for the State of Washington, residing in I I 1 I 1 OF Re THE CITY OF RENTON 1 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o BARBARA Y. SHINPOCH, MAYOR I LAND USE HEARING EXAMINER 9, 0 co• FRED J. KAUFMAN. 235-2593 94r P E0 SEP re.01/9-ert February 9', 1 83 Members of Renton City Council Renton, Washington Dear Council Members: May I suggest that the reclassification of both the Bennett-Multivest property and the G.M. property( has possibly created the need to review the Comprehensive Plan for the Northea t_Quadrant. The Comprehensive Plan still leaves open two additional intersection quadrants for potential community shopping centers. If that is not your intended policy, then re- revie7 may be appropriate. The multiple shopping center provision already has led to a complicated review of the above pro'peries and an unfortunately combative attitude among those parties. Clarification of the Comprehensive Plan in this area would avoid such complexities in the future. If this office can be of further assistance in this matter, do not hesitate to calL Sincerely, Fred J. Ka mean Land Use Hearing Examiner FJK:wr 0018E cc: Mayor City Clerk Policy Development 0 I V R e, o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 BARBARA Y. SHINPOCH, MAYOR MAXINE E.MOTOR, cam 0 co- CITY CLERK • (206) 235-2500 O, fl p D,SEPle° January 21 , 1983 Mr. Michael L. Smith Pacific- Land. Research 11 0 1.40th Avenue N.E. Bellevue, WA 98005 RE File No. R-024-82; Bennett-Multivest Rezone Request. Dear Mr. Smith: A letter was transmitted to you on October 1 , 1982 notifying you of the action of the City Council in modifying the recommendation of the Hearing Examiner in the referenced matter. As a condition of approval , the Council required execution of restrictive covenants assuring :that a consistent building setback line exists which would tend to make future development that of a shopping center (see attached Planning and Development Committee report) . Un=il receipt of required restrictive covenants, the rezone file will be held and approval of appropriate legislation delayed. Your early attention to this matter is appreciated. Vel- y truly yours, CITY OF RENTON Maxine E. Motor CiFy Clerk MEM:mp Enc. I I 12 1 0 Renton City Council October 1;8, 1982 Page 2 AUDIENCE CO MENT continued Dr. Mack Richey, 17930 Talbot Road South, requested the matter Proposed ;I LID near of the proposed Local Improvement District on South 43rd Street Valley be brought before Council . MOVED BY STREDICKE, SECONDED BY General MATHEWS, COUNCIL SUSPEND THE RULES AND ADVANCE TO THE ITEM OF Hospital THE COMMITTEE OF THE WHOLE REPORT. CARRIED. Committee of the Committee of Whole Chairman Clymer presented a report recommending the staff The Whole proceed with formation of preliminary LID boundaries and guide- lines for the area near Valley General Hospital . The Committee further recommended this matter be referred to the Ways and Means Committeelfor proper resolution. Dr. Richey reported he is a partner in a plastic surgery clinic at the northeast cornerofTalbotRoadandSouth43rdStreetwhichwouldbeseverelyimpacted by the proposed widening of South 43rd Street, bringing road noise and vibration within feet of an area of the clinic where surgery is performed. Dr. Richey requested Council consideration of his objections. Councilman Stredicke noted that Council action would only authorize formation of the LID; that proposals within the LID were not definite and there would be opportunity for discussion. Mayor Shinpoch stated the matter would be forwarded to thePublicWorksDepartmentanddiscussedatthestaffmeetingof10/19/82. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE REPORT. CARRIED. CONSENT AGENDA The following items are adopted by one motion which follows the items included. FederallSh red Administration requested Public Hearing be set for 10/25/82 to Revenue, Pu lic consider the City's proposed use of Federal Revenue Sharing Money Hearing for 1983. Information. 1 Police Mutual Police Department submitted an Inter-Departmental Mutual Aid Aid Agree ent Agreement for police services in potential civil disturbances or riots between Auburn, Des Moines, Kent, Normandy Park, Tukwila, the Port of Seattle and Renton. Refer to Public Safety Committee. J. Amon R,.-zone Land Use Hearing Examiner submitted report and recommendation of R-047-82 approval with restrictive covenants for Jerry Amon request for rezone of the north side of NE Fourth Street approximately 200 1 feet west of Duvall Avenue NE from G-1 to B-1 to permit construction of a one-story building to house a hair styling salon and rental jspace. 1Refer to Ways and Means Committee. Christoph-rson , City Clerk submitted application by R. L. Christopherson for vacation StreetVa ation of a portion of Hardie Avenue NW south of NW Fifth Street. Refer to V-06-82 Board of Public Works for appraisal and retention of easements and to the Ways and Means Committee for resolution setting Public Hearing for 11/22/82. Consent Agenda MOVED BY CLYMER, SECONDED BY ROCKHILL, COUNCIL ADOPT THE CONSENT Approved AGENDA AS PRESENTED. CARRIED. OLD BU;SI ESS Planning and Development Committee Chairman Rockhill. presented a report recommending the City Council require restrictive covenants Planning and to be recorded in form satisfactory to the City Attorney prior to Development final approval of the rezone for Bennett-Multivest (#R-24-82) . Committee Rezonelwas requested for the north side of NE Fourth Street approxi- Bennett-#ultivest mately 950 feet east of Union Avenue NE from G-1 and R-3 to B-1 _for Rezone Appeal development of a proposed community shopping center. Appeal filed R-24-b2 8/05/82. MOVED BY ROCKHILL, SECONDED BY HUGHES, COUNCIL CONCUR IN THE PLANNING AND DEVELOPMENT COMMITTEE REPORT. CARRIED. it w 411)0 I PLANNING AND DEVELOPMENT COMMITTEE I COMMITTEE REPORT OCTOBER 18, 1982 BENNETT-iMULTIVEST REZONE APPEAL R-24-82 (Referred 10/11/82) The Plar1ning and Development Committee has considered the letter of the City ;Attorney relating to the requirement for recording of Restrictive Covenants by the Hearing Examiner in reference to the above appeal . I The Committee finds andlrecommends that the City Council require that such Restrictive Covenants be recorded in form satisfactory to the City Attorney prior to final approval of the rezone. I i it/ Rand;yI Ri k i l l , Chai an j/%°— ‘-.1/- 1/1---4.1 -- John; Reed eztAiksziArAti/ 44."-.. ee it" 0144 7,4.:131-1.4.,...2 4,, , et' MIA(' 04444) Rober ughes if el'4, 4„,( 4: 444- 4. 6' . 0 4.0_____ itif II Renton City Council October 11 , 1982 Page 6 Finance MOVED BY STREDICKE, SECONDED BY CLYMER, AMEND THE RECOMMENDATION Department TO CHANGE THE IMPOSITION DATE FROM 1/01/83 TO 11/01/82. CARRIED. Reorganization Original motion as amended: Council concur in the recommendation continued of the Ways and Means Committee with a reorganization date of 11/01/8 . ROLL CALL: 3 AYES: CLYMER, STREDICKE, MATHEWS; 4 NOS: HUGHES, ROCKHILL, REED, TRIMM. Motion failed. MOVED BY STREDICKE, SECONDED BY MATHEWS, SUBJECT OF THE FINANCE DEPARTMENT REORGANIZATI( BE REFERRED TO THE COMMITTEE OF THE WHOLE. CARRIED. Voucher Ways and Means Committee recommended approval of Vouchers 42005 Approval through 42268 in the amount of $1 ,994,316.49 having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 42000-42004 machine voided. MOVED 0 STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. NEW BUSINESS Councilman Rockhill inquired if all Council Members had received J nn ttacopyofaletterfromCityAttorneyWarrenregardingtheBennett- Multivest Multivest Rezone (R-024-82) Appeal . MOVED BY ROCKHILL, SECONDED RezonelAp eal BY HUGHES, CORRESPONDENCE FROM THE CITY ATTORNEY REGARDING BENNETT- Correspondence MULTIVEST BE REFERRED TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. ADMINISTRATIVE Mayor Shinpoch announced that Talbot Road will be blocked between REPORT 15th aniJ 19th Streets through 11/01/82 beginning 10/11/82 for the Street state to install curbs, gutters and sidewalks. A detour will be Closure posted io Shattuck. Court Cas Mayor Shinpoch announced that a court suit brought against the Dismissal city by a former city police officer had been dismissed. LID Bond Mayor Shinpoch reported that Finance Director Mulcahy had pro- Information vided a response to questions regarding LID bonds and that infor- mation would be distributed to Council Members. North End Mayor Shinpoch reported the North End Bus Base was defeated at Bus Base Metro Coouncil on 10/07/82 by a vote of 13-20. Executive MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL GO INTO EXECUTIVE Session SESSION, FOR THE PURPOSE OF DISCUSSION OF THE POLICE GUILD CONTRACT CARRIED. 10:05 P.M. ADJOURNMENT Council Members reconvened in regular session. Roll was called; 10:40 P.M. all Council Members were present. MOVED BY CLYMER, SECONDED BY STREDICKE, MEETING ADJOURN. CARRIED. MAXINE E. MOTOR, Acting City Clerk 40) 41) Re ion City Council Oc ober 11 , 1982 Pa i- 5 OL BUSINESS continued Tr sportation MOVED BY TRIMM, SECONDED BY CLYMER, COUNCIL CONCUR IN THE Co ittee RECOMMENDATION OF THE TRANSPORTATION COMMITTEE. Councilman co 'tinued Stredicke spoke against the recommendation urging further study for east-west corridors, additional access onto SR 167 and pro- viding sufficient access from Talbot Hill to freeways without entering Renton. ROLL CALL: 6 AYES: CLYMER, HUGHES, ROCKHILL, REED, MATHEWS, TRIMM; 1 NO: STREDICKE. MOTION CARRIED. ORONANCES AND RESOLUTIONS Was and Means The Ways and Means Committee recommended the following ordinances Committee for first reading: J. Clifford Gray An ordinance was read changing the zoning classification of certain Rezone property located on the north side of SW 12th Street between R- 51-82 Maple Avenue SW and Lind Avenue SW from Residence District (R-1 ) to Light Industry District (L-1 ) , J. Clifford Gray Rezone, File R-051-82. MOVED BY STREDICKE, SECONDED BY REED, THIS ORDINANCE BE REFERRED BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Repeal of An ordinance was read repealing Ordinance 3383 regarding non- Orliinance #3383 payment to FICA for illness or disability wages. MOVED BY STREDICKE SECONDED BY HUGHES, THIS MATTER BE REFERRED BACK TO COMMITTEE FOR ONE WEEK. CARRIED. The Ways and Means Committee recommended the following resolutions for reading and adoption: R;solution #2477 A resolution was read authorizing the Finance Director to borrow LID 320 22,825.01 from the Waterworks Utility Fund for interim financing I terim for LID 320. Interest rate to be established at the prevailing F nancing rate at time of borrowing; to be repaid in full , with interest, upon receipt of funds from sale of LID 320 bonds. MOVED BY STREDICI SECONDED BY HUGHES, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CART R ,,solution #2478 A resolution was read authorizingthe Mayor and CityClerktoiY Interlocal execute an Interlocal Cooperative Agreement with Water District Cooperative 14 for extension of Renton' s water service into a portion of the Agreement - district normally served by Water District 14. MOVED BY STREDICKE, WLLter SECONDED BY ROCKHILL, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. D; strict 14 CARRIED. P anning Ways and Means Committee Chairman Stredicke submitted a report Commission recommending concurrence in the Mayor's reappointment of Virginia R lappointment Houser to the Planning Commission for a three-year term effective to June 30, 1985. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN THE REAPPOINTMENT OF VIRGINIA HOUSER TO THE PLANNING COMMISSION. CARRIED. finance Ways and Means Committee Chairman Stredicke submitted a report hhepartment recommending approval of the proposed Finance Department reorgani - i'e organization zation which will result in a savings of $48,000 between the 1982 budget and proposed 1983 budget. Committee further recommended the request for reclassification of three positions be approved effective 1/01/83. MOVED BY HUGHES, SECONDED BY ROCKHILL, Council concur in the recommendation of the Ways and Means Committee. Finance Director Mulcahyoutlined the proposed savings, notingPP salary dollars as the main source. Following discussion regarding possible savings by year-end, a SUBSTITUTE MOTION was MOVED BY CLYMER, SECONDED BY STREDICKE, COUNCIL ACCEPT THE WAYS AND MEANS COMMITTEE REPORT AS IS BUT SUBSTITUTE THE DATE OF 11/01/82. Councilman Rockhill questioned the need for immediate imposition of the reorganization. ROLL CALL: 4 AYES: CLYMER, STREDICKE, REED, MATHEWS; 3 NOS: HUGHES, ROCKHILL, TRIMM. MOTION CARRIED. MOVED BY REED, SECONDED BY ROCKHILL, COUNCIL RECONSIDER THE PREVIOUS MOTION. CARRIED. I PLANNING AND DEVELOPMENT COMMITTEE I COMMITTEE REPORT OCTOBER 18, 1982 BENNETT-MULTIVEST REZONE APPEAL R-24-82 (Referred 10/11/82) The Planning and Development Committee has considered the letter of the City Attorney relating to the requirement for recording of Restrictive Covenants by the Hearing Examiner in reference to the above appeal . The Committee finds and recommends that the City Council require that such: Rel.trictive Covenants be recorded in form satisfactory to the City Attorne, prior to final approval of the rezone. Randy Rockhill , Chairman John Reed Robert Hughes I I 111M LqYgTF:Eli/i .I Ana. vc N. : . il OP fp itt.; fr tili ri fl----, 3-7 f!. 1 vi El 0OPtz ,I f ' 1 B U I L OCT Z8 ;:C).1\i, 1 ,,,• INTER-OFFICE ' MEMORANDUM 1 DepT, TO : Roger Blaylock-Zoning Administrator DATE : 10/8/82 . . . 1 FROM: . Maxine E. MotOr, Acting City Clerk RE : Ordinances allialliallas 1 • B nnett7Multiveat Rezone 1 We attach Ordinances which have been prepared by the City ttorney . Please verify, • 1 content , lega!ls , description and general location of. the improvements and return to this office for further processing and prtpentation to the Legislation Committee, w. , Dee 01 -, ,r . . 1, . . 4110 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTONCHANGINGTHEZONINGCLASSIFICATIONOFCERTAINPROPERTIESWITHINTHECITYOFRENTO.NFROMGENERALCLASSIFICATIONDISTRICTG)1 AND—RE SIDEtCE --,DISTRICT R-3)_ TO BUSINESS DISTRICT 1B-1)./(R-024-82J_ Bennett-Multivestetal WHEREAS under Chapter 7 , Title IV (Building Regulations) of 0 dinance No . 1628 known as the "Code of General Ordinances of' the ( ity of Renton", as amended , and the maps andreportsPpis adopted inc.njunction therewith, the property hereinbelow described has he're .ofore been zoned as General Cl assification District EPG)J and Resi.ence District (R-3_5 • and WHEREAS a proper petition for change of zone classification ofljsaid property has been filed with the Building and Zoning Depar ment on or about BMarch_ 19,_1982A which petition wasdulyIII refer ed to the Hearing Examiner for 'nvestigation, study and, 'public heari g, and a public hearing havi : been held thereon on or about 9 ,.__1982J and said matter h. ing been duly considered by the Hear q- Examiner and said zonin• request havingbeen approved with coni;diiion and the matter hav'ng been appealed to the City Council of I' Ith: City o Renton and said City Council having amended the ' condiuions of the Baring xaminer' s Decision and said zoning request being in conformity w' th the City ' s Comprehensive Plan, as amended, and' t e City Council h.vi• •, duly considered all matters relevant thereto , and all par es hay g been heard appearing in support thereof or in opposition thereto , NOW THEREFORE, THE CIT, COUNCIL OF THE C '.Y OF RENTON, WASHINGTON, DO ORDAIN AS FOLLO S : SECT. ON I : The following describe•\ roperty in the City of Ren on is ereby rezoned to Business Distri ct (.B-1) as hereinbelow 1- Ir 4110 specified; subject to the findings , conclusions and decision of the Hearin• Examiner dated. July 21 , 1982 , as amended; the Building Director is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit : See Exhibit "A" attached hereto and made a part j hereof as if fully set forth herein. Said property being located on the North side of N. E. 4th Street approximately 950 feet east of Union Avenue N.E. ) AND SUBJECT FURTHER to that certain Declaration of Restrictive Covenants executed by 'Petitioner-Owners on or about and reco ded in the office of the Director of Records and Elections , Receivin No . and which said Covenants are hereby incorporated and made ;a part hereof as if fully set forth. SECTION II : This Ordinance shall be effective upon its passage , approval andlfive days after its publication . PASSED BY 'THE CITY COUNCIL this day of October , 1982 . Maxine Motor , Acting City Clerk APPROVED BY THE MAYOR this day of October , 1982 . 1 I Barbara Y. Shinpoch, Mayor Approyed as to form: , Lawrence J. Warren, City Attorney J Date of Publication : i 11 1 e- vzc/— £ l' OF , R 4'A O OFFICE OF THE CITY ATTORNEY •• RENTON,WASHINGTON c) .i z POST OFFICE BOR 626 100 S 2nd STREET • RENTON.WASHINGTON 98057 255-8678 E, O I c'Z' LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT; CITYATTORNEY0 9. 0 I PCO. DAVID M. DEAN, ASSISTANT CITY ATTORNEY 0I-re 0 i MARK E. BARBER, ASSISTANT, CITY ATTORNEY ltFD SE October 5, 1982 ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY T : Earl Clymer, President 1. Renton City Council F OM: Lawrence J. Warren, City Attorney Bennett ;- Multivest Property r)/ D ar Mr . Clymer : A one of the cionditions to the Bennett-Multivest Rezone, I; t ere was a requirement that the present restrictive covenants o the land provide for a building setback such that any development°on the property would be such as to give the appearance of a neighborhood shopping center. Del Bennett provided me with copies of the private covenants that had p eviously been adopted and I find those covenants to b satisfactory to serve the purpose of the City. Not only a e building setbacks defined, there are also requirements f r common areas , parking lots , and the type of uses permitted. I should be remembered that these are private covenants ja d are not necessarily recorded. It is possible for Safeway a d, the property owners to waive these covenants without d ay notice to the citizens or to the City. However, since t e Council appeared to wish only some additional assurances t , at the property was going to be developed as a neighborhood s pping center, I am not sure that we wish to go to the a ditional time or expense to make sure that the parties n tify the City' should there be any attempts to modify the c venants . If the Council feels that that additional step . 1 i necessary, please so indicate so that I can do the In cessary work. II , _might be advisable for you to refer this letter to the , P anning_and _Development Committee for recommendation to the City Council as a whole. Lawrence J Warren L :nd c : Council Members Dave Clemens Mayor I 1 i- 1 v l OF RA, o :,:"•- 0 .THE CITY OF RENTON CJ 0s Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 z ern, 4+ 1' t BARBARA Y. SHINPOCH, MAYOR • CITY CLERK • (206) 235-2500 per 1 co- 09g7D SEP-C& C3 October 1, 1982 Mr, Michael L. Smith, President Pacific Land Research' 1140 - 140th Avenue NE Bellevue, WA 98005 Re: ,Appeal of Bennett-Multivest Rezone R-24-82 Dear Mr. Smith: The Renton City Council , at its regular meeting of September 27, 1982, concurred in the report of the Planning and Development Committee up- holding the July 21, 1982 decision of the Hearing Examiner with the following exceptions: 1. Conclusion 10 is modified by eliminating the two-year restriction upon the applicant obtaining a valid building permit. There are no findings of fact that support this requirement and it is there- Tore unsupported as a conclusion. The Committee recommended that t is Conclusion be modified to read that the building permit is t be granted subject to there being a building permit issued for t e Safeway Company for the adjoining parcel of property and pro- v'ding that restrictive covenants have been filed showing that t ere is a consistent building setback line that would tend to m ke future development that of a shopping center. Such a require- . m nt would further development of a community shopping center as d tailed in Finding of Fact No. 9 and No. 12. 2. T e Committee recommended modification of the recommendation for a 20-foot landscape buffer on the north and east property lines to require a ten-foot landscape buffer and a sight-obscuring fence on tie north property line and a ten-foot landscape barrier on the east property line. The Committee further found no finding of fact t¢ support a 20-foot requirement, but did find that Finding No. 10 afld No. 11 indicated residential uses to the north for which a barrier should be provided. The Committee found that the sight- obscuring fence and ten-foot landscape buffer would accomplish this purpose while a 20-foot landscape buffer of unspecified landscaping might not accomplish that purpose. , 1 Mr.' Michael L. Smi l October 1, 1982 Pag If you have any questions or require additional information, please do noE hesitate to contact this office. YoArs very truly, CITY F RENTON Maine E. Motor AWn14 City Clerk MEM:j m I I Renton ,!City Council September 27, 1982 Page 3 ' OLD BUSINESS continued Group W Cable MOVED BY REED, SECONDED BY MATHEWS, COUNCIL SUSPEND THE RULES Rate Increase AND ADVANCE TO THE COMMUNITY SERVICES COMMITTEE REPORT WHICH continued PERTAINS TO CABLE TELEVISION. CARRIED. Community Services Community Committee Chairman Reed submitted a report recommending the Services establishment of a policy guide when dealing with television Committee cable repairs replacement. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMUNITY SERVICES COMMITTEE REPORT.** Councilman Rockhill questioned whether this would allow utilities to choose over- head wiring rather than installing the preferred undergrounding. Policy Development Director Clemens explained that theCommunityServicesCommitteewasprovidingarecommendationtobeconsidered by the Board of Public Works at the time of a variance request. Undergrounding MOVED BY REED, SECONDED BY MATHEWS, AMEND THE COMMITTEE REPORT Policy . AND SUBSTITUTE THE WORD "MAY" FOR THE WORD "WILL" IN THE LAST SENTENCE OF THE COMMUNITY SERVICES REPORT. CARRIED. To read as follow : "In areas where any other utility, telephone or power, is underground, then the television cable must be installed under- ground. If the existing system, telephone or power, is overhead, then we may allow the television cable to be installed, replaced or maintained overhead". **MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE AMENDED COMMUNITY SERVICES REPORT. CARRIED. Committee of Committee of the Whole Chairman Clymer submitted a report recommen- the Whole ding the various utility rate options be referred to the Utilities Utility Rates Committee for review and recommendation with direction that the Full funding Capital Program" not be given further consideration. MOVED BY CLYMER, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE REPOR- OF THE COMMITTEE OF THE WHOLE. CARRIED. Finance Committee of the Whole Chairman Clymer submitted a report lecommen- Departmen` ding the subject of the reorganization of the Finance Department be Reorganization referred to the Ways and Means Committee for further study and recommendation. MOVED BY CLYMER, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Valley, General Committee of the Whole Chairman Clymer submitted a report lecommen- Hospital Traffic ding a Public Meeting be scheduled for the 10/14/82 Committee of Situation the Whole meeting and that all property owners affected by the traffic situation near Valley General Hospital be notified. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE REPORT. CARRIED. Undergrounding Councilman Reed noted that during consideration of cable television• Ordinances undergounding, it was found that there are a number of ordinance,, pertaining to undergrounding and requested that the Administration invest gate the possibility of consolidating these ordinances. Coulon, Park Councilman Stredicke commended the Park Board and Park Department Dedication for a job well done in the completion of Gene Coulon Memor'al Beal` Park. Government Councilman Stredicke announced that the first in a series of pro- Speaks" grams entitled "Gove`rnment Speaks" will be aired 9/28/82at 7:30 p.m. on Channel E or\18 on cable featuring the Auburn Mayor, the assistant to the County Executive, a representative from the Kirk- land Planning Department and Mr. Stredicke. Planning and Planning and Development Committee Chairman Rockhill submitted a Development report recommending the Council uphold the decision of the Hearing Committee Examiner regarding the Bennett-Multi Vest Rezone (File #R-024-82) Bennett-Multi for approval with restrictive covenants of a rezone of the north Vest Rezone side of NE Fourth Street approximately 950 feet east of Union Appeal R-024-82 Renton City Council September 27, 1982 Page 4; OLD BUSINESS continued Planning and Avenue NE from G-1 and R-3 to B-1 for development of a proposed Development community shopping center with modifications. The Committee Committee recommended Conclusion 10 be modified to eliminate the twolyear continued restriction upon the applicant obtaining a valid building permit; 1' that the Conclusion be modified to read that the building permit Bennet-Multi is to be granted subject to there being a building permit issued Vest Rezoie for the Safeway Company for the adjoining parcel of property and App; providing that restrictive covenants have been filed showing that R-024-82 there is a consistent building setback line that would tend to make future development that of a shopping center. The Committee also recommended modification of the recommendation for a 20-foot landscape buffer on the north and east property lines to require a ten-foot landscape buffer and sight-obscuring fence on thenorthpropertylineandaten-foot landscape barrier on the east property line. MOVED BY ROCKHILL, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE REPORT. CARRIED. (See motion, page 6) Public' Safety Public Safety Committee Chairman Hughes submitted a report recom- Committee mending the Fire Department be designated as Hazardous Materials Hazardous Incident Command Agency for the City of Renton and that the Mayor Materials and Ciiy Clerk be authorized to file such designation with the Incident Agency Director of the State Department of Emergency Services. MOVED BY HUGHES, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE. CARRIED. Punchboards Public Safety Committee Chairman Hughes submitted a report recom- mending no change to the present ordinance which prohibits the operation of punchboards in the City of Renton. The report noted 1 no formal requests have been received from local merchants to operate punchboards. Lottery Public Safety Committee report announced that the Washington State Lottery will begin November, 1982. Fireworks Public Safety Committee Chairman Hughes submitted a report recom- Control mending that the Renton City Council adopt a resolution and so Legislation notify state legislators of their concern for stricter fireworks control legislation: The Renton City Council recommends the State of Washington return to the former safe and sane fireworks code and/or more restrictive measures which regulate the sale of fireworks and that the sale of fireworks on Indian reservations and elsewhere be limited to these types permitted by our state code. MOVED BY HUGHES, SECONDED BY MATHEWS, COUNCIL CONCUR IN I. THE RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE AND REFER THIS MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Coulon Park Councilman Hughes added his praise to that of other councilmen regarding Gene Coulon Memorial Beach Park noting that speakers at the dedication had thanked the citizens of the City of Renton for making this park possible through the bond issue. ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee recommended the following ordinances Committee and summary ordinances for second and final reading: Ordinance #3659 An ordinance was read amending Section 3-241 of Title III (Depart- Special Utility ments) and portions of Section 8-717 of Title VIII (Health and " Connection Sanitation) and portion of Chapter 34 of Title V (Business Regu- Charges lation s) of Ordinance 1628 relating to imposing fees for special utility connection charges for water and sewer facilities and directing payment of funds received into designated funds, and related matters. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Rent'n City Council Sept-tuber 27, 1982 Page 3 OLD ;;USINESS continued Group W Cable MOVED BY REED, SECONDED BY MATHEWS, COUNCIL SUSPEND THE RULES Rate Increase AND ADVANCE TO THE COMMUNITY SERVICES COMMITTEE REPORT WHICH cont nued PERTAINS TO CABLE TELEVISION. CARRIED. Community Services Comm nity Committee Chairman Reed submitted a report recommending the ServoI ces establishment of a policy guide when dealing with television Committee cable repairs replacement. I MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMUNITY SERVICES COMMITTEE REPORT.** Councilman Rockhill questioned whether this would allow utilities to choose over- head wiring rather than installing the preferred undergrounding. Policy Development Director Clemens explained that the Community Services Committee was providing a recommendation to be considered by the Board of Public Works at the time of a variance request. Undergrounding MOVED BY REED, SECONDED BY MATHEWS, AMEND THE COMMITTEE REPORT Policy AND SUBSTITUTE THE WORD "MAY" FOR THE WORD "WILL" IN THE LAST SENTENCE OF THE COMMUNITY SERVICES REPORT. CARRIED. To read as follows: "In areas where any other utility, telephone or power, is underground, then the television cable must be installed under- I ground. If the existing system, telephone or power, is overhead, then we may allow the television cable to be installed, replaced or maintained overhead". **MOVED BY REED, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE AMENDED COMMUNITY SERVICES REPORT. CARRIED. Co ittee of Committee of the Whole Chairman Clymer submitted a report recommen- th: Whole ding the various utility rate options be referred to the Utilities Utility Rates Committee for review and recommendation with direction that the Full Funding Capital Program" not be given further consideration. MOVED BY CLYMER, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE REPOR OF THE COMMITTEE OF THE WHOLE. CARRIED. Fiance Committee of the Whole Chairman Clymer submitted a report recommen- Deiiartment ding the subject of the reorganization of the Finance Department be Reorganization referred to the Ways and Means Committee for further study and recommendation. MOVED BY CLYMER, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Valey General Committee of the Whole Chairman Clymer submitted a report recommen- Ho pital Traffic ding a Public Meeting be scheduled for the 10/14/82 Committee of Si uation the Whole meeting and that all property owners affected by the traffic situation near Valley General Hospital be notified. MOVED BY CLYMER, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE REPORT. CARRIED. U dergrounding Councilman Reed noted that during consideration of cable television O inances undergrounding, it was found that there are a number of ordinances pertaining to undergrounding and requested that the Administration investigate the possibility of consolidating these ordinances. Coulon Park Councilman Stredicke commended the Park Board and Park Department Dedication for a job well done in the completion of Gene Coulon Memorial Beach Park. overnment Councilman Stredicke announced that the first in a series of pro- S eaks" grams entitled "Government Speaks" will be aired 9/28/82 at 7:30 p.m. on Channel E or 18 on cable featuring the Auburn Mayor, the assistant to the County Executive, a representative from the Kirk- land Planning Department and Mr. Stredicke. gManning and Planning and Development Committee Chairman Rockhill submitted a bvelopment report recommending the Council uphold the decision of the Hearirc. pmmittee Examiner regarding the Bennett-Multi Vest Rezone (File #R-024-82) ennett-Multi for approval with restrictive covenants of a rezone of the north lest Rezone side of NE Fourth Street approximately 950 feet east of Union ppeal R-024-82 I r. Renton 'Ci 'y Council September 27, 1982 Page 6 ORDINANCE' AND RESOLUTIONS continued Resolutio #2475 A resolution was read designating Bob Bergstrom, Engineering Metropolitan Supervisor, as representative or Don Monaghan, Office Engineer, Water Pollution as alternate to serve on the Metropolitan Water Pollution Abate- Abatement ment Advisory Committee. MOVED BY STREDICKE, SECONDED BY ROCKHILL, Advisory 'eps COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Voucher Ways andl Means Committee recommended approval of Vouchers 41810 Approval through 41999 in the amount of $836,770.73 having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 41805 through 41809 machine) voided. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN APPROVAL OF THE VOUCHERS. CARRIED. NEW BUSIN:SS Cable Councilman Stredicke announced that the cable office has indicated Programmi g Randy favelle is scheduled for the next program and should have the County budget available. If any Council Members are interested in partlicipating in this program, they should notify Mr. Hurd or Mr. Stredicke. Buffer ,St ips, Councilman Stredicke noted various ordinance deficiencies; there- Sight-obs'uring fore, it was MOVED BY STREDICKE, SECONDED BY REED, THE SUBJECT Fences ;an'MATTER OF BUFFER STRIPS, SIGHT-OBSCURING FENCES AND LANDSCAPING Landscapi g BE REFERRED TO THE PLANNING COMMISSION FOR RECOMMENDATION. CARRIED. LID Bondi g Council President Clymer inquired regarding the responsibility of the Council in the event of default on LID bonds. Mayor Shinpoch responded that the Finance Director will be available to give a comprehensive presentation on various bonding options. ADMINISTR'TIVE Mayor Shinpoch stated her pride at being a part of the City at REPORT' the Colon Park Dedication on Saturday; that it is going to be Coulon ;Pa k the most special park in King County. ADJOURIVME T MOVED BY STREDICKE, SECONDED BY REED, COUNCIL ADJOURN. CARRIED. 9:40 P.M. MAXINE E. MOTOR, Acting City Clerk Ren Cin City Council Sep ember 27, 1982 Pag 15 ORD ,NANCES AND RESOLUTIONS continued Ordnance #3660 An ordinance was read granting unto the Board of Public Works Revocable the duty of managing and granting Revocable Permits for the Per its use of public right-of-way. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT THE. ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #3661 An ordinance was read creating a special fund known as "Cumula- Rea! Estate Tax tive Reserve Fund No. 3661" and providing for the appropriation Cumjlative and transfer of funds. MOVED BY STREDICKE, SECONDED BY ROCKHILL, Resrve Fund COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #3662 An ordinance was read amending the telephone utility tax rate, Telephone reducing from 7.75% to 6% over a five-year period. MOVED BY Ut'I1ity Tax STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. Fist Reading The Ways and Means Committee recommended the following ordinances for first reading: Bo[Jd Sale An ordinance was read amending Ordinances Nos. 3394 and 3532 LID's 315, 317 pertaining to Local Improvement District 315; establishing con- and 321 solidated Local Improvement District 315 et al and consolidated Local Improvement Fund, District No. 315 et al ; fixing the amount, form, date, interest rate, maturity and denominations of the consolidated Local Improvement District No. 315 et al bonds; rati- fying and confirming the sale and providing for the delivery thereof to Seattle-Northwest Securities Corporation, Seattle, and fixing the interest rate on Local Improvement District assessment install- ments in Local Improvement Districts 317 and 321 . MOVED BY STREDICKE, SECONDED BY HUGHES, SUSPEND THE RULES AND MOVE THIS ITEM TO SECOND AND FINAL READING. CARRIED. 0 dinance #3663 An ordinance was read amending Ordinances Nos. 3394 and 3532 B nd Sale pertaining to Local Improvement District 315; establishing con- L D's 315, 317 solidated Local Improvement District 315 et al and consolidated Local Improvement Fund, District No. 315 et al ; fixing the amount, form, date, interest rate, maturity and denominations of the consolidated Local Improvement District No. 315 et al bonds; ratifying and confirming the sale and providing for the delivery thereof to Seattle-Northwest Securties Corporation, Seattle, and fixing the interest rate on Local Improvement District assessment installments in Local Improvement Districts 317 and 321 . MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: 5 AYES: MATHEWS, REED, STREDICKE, ROCKHILL, HUGHES. 1 NO: CLYMER. CARRIED. (See page 6, item 5) rirst Reading An ordinance was read amending Section 5-112 and 5-209 of Title usiness V (Business Regulations) of Ordinance 1628 relating to applica- icenses -tions and returns. MOVED BY STREDICKE, SECONDED BY HUGHES, THIS ublic Disclosure MATTER BE REFERRED BACK TO COMMITTEE FOR ONE WEEK. CARRIED. The Ways and Means Committee recommended the following resolutions for reading and adoption: esolution '#2474 A resolution was read amending Section I of Resolution 2457 to street Forward read: The Director of Finance is hereby authorized and directed hrust Fund to borrow the sum, not to exceed $700,000 from the Street Forward sorrowing Thrust Fund, bearing the prevailing rate of interest received by other City investments at the time of such borrowing and such sum to be allocated unto the Current Fund, Park Fund and Street Fund as required. Said loan from the afore-mentioned fund shall be repaid in any event not later than December 31 , 1982. MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. PLANNING AND DEVELOPEMENT COMMITTEE REPORT TO: , R; nton City Council FROM: Planning and Development Committee September 27 , 1982 RE : B;NNETT - MULTI VEST REZONE F le R-024-82 The P1-nning and Development Committee met on Thursday, September 23 , 19: 2 to consider the appeal of Bennett-Multi Vest . The Committee recomm:nds the Council uphold the decision of the Hearing Examiner with t e following modifications : 1 . Conclusion No . 10 is modified by eliminating the two year restriction upon the applicant obtaining a valid building permit . There are no findings of fact that support this requirement and it is therefore unsupported as a conclusion. The Committee recommends that that Conclusion be modified to read that the building permit is to be granted subject to there being a building' permit issued for the Safeway Company for the adjoining parcel of property and providing that restrictive ' covenants have been filed showing that there is a consistent building setback line that would tend ' to make future development that of a shopping center . Such a requirement would further development of a ' community shopping center as detailed in Finding of Fact No . 9 and No . 12 . 2. The Committee recommends that the recommendation of a 20 foot landscape buffer on the north and east property lines be modified to require a ten foot landscape buffer and a sight-obscuring fence on the north property line and a ten foot landscape ' barrier on the east property line . The Committee further found no finding of fact to support a 20 i foot requirement , but did find that Finding No . 10 and No . 11 indicated residential uses to the north' for which a barrier should be provided. The Committee finds that the sight-obscuring fence and ten foot landscape buffer would accomplish this purpose while a 20 foot landscape buffer of un- specified landscaping might not accomplish that purpose. 1 4,, A • THE CITY OF RENTON POLICY DEVELOPMENT DEPARTMENT • 235-2552 • n S' MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 cce 45 0eD SEP1c- 0 Q BARBARA Y.'i SH NPOCH MAYOR EMOE,ANDUM DATE:' September 23, 1982 TO: Planning & Development Committee FROM:' David R. Clemens, Policy Development Department SUBJECT: BENNETT-MU TIVEST APPEAL R-024-82 The appli.ant has appealed he conditions of approval of the above referenced rezone. First, the applicant has appealed the requirement for a. two year duration for the rezone, unless a shopping center is implemented. 1. The applicant argues that Safeway has received a building permit on aportionofheareaintendedtobeusedfortheproposedshoppingcenteruse. They arg e that the issuance of this building permit should meet the requirements of the Examiner's condition. However, if not, the applicant argues that it has met the timing requirements of the Comprehensive Plan. 2. The applicant further argues that the project will take five (5) to seven (7) yea,s to implement and that in "planning terms" this. duration should be con..idered short term. 3. The applicant further argues that the public will be better served by not restricting the development process to the time limits recommended by the Exa iner. 4. The applicant concludes by arguing that covenants requiring the reversionofzonngwillbedifficulttoadministerandthusshouldnotbeutilized. The applicant has also appealed the requirement for a landscaping buffer alongthenorthand -ast property lines. 1. The applicant argues that the proposed twenty (20) foot landscape buffer exc,--ds normal ordinance provisions, which would call for as little as a five (5) foo' buffer. 2. Fur her, the appellant argues that there ist no precedent for such an extensivelandscapebufferrequirement. Planning & Development ^-mmittee September. 3, 1982 Page Two 3. Fin ly, the applicant argues that a lesser buffer would be sufficient: without req iring landscape buffer areas which would not be consistent across the north pro rty line. It should be noted that the portion of the site to be utilized by Saf way was rezoned in the 1960's and contained no buffer requirement. Thus, a ore restrictive buffer requirement on the second portion of the shopping cen ier would not matdh the currently proposed area. DISCUSSI•N The Exam' er, in his decision, makes clear the basis of his arguments .in Conclusions No. 8 thro gh No. 11 as it relates to Condition No. 2. In the Council's adoption of the Northeast Quadrant Comprehensive Plan, it concluded that one shopping center was appropriat- along the N.E.j4th corridor during the life of the Comprehensive Plan. Four ldcatr ons were determined to be potentially acceptable. As a result, the Council adopted t e following language: "Only one of these corners should be developed as a. retail shopping center." In this c-se, the Examiner was faced with two very similar requests within the parameter- of the locations established in the Northeast Quadrant Comprehensive-Plan. After deliperations, the Examiner concluded that the "market place" should resolve these competing interests. However, to insure the City that it would not be faced with scatt-red, uncoordinated, or unrelated development,- the Examiner recommends a time limit for these property owners to "perform" upon their proposals for a retail shopping 'enter. We believ that the requirement, to obtain a building permit within two years and commence construction within one additional year should be considered more than adequate. With rega ds to Condition No. 1 requiring a twenty (20) foot landscape buffer, we believe that the City Council's recent adoption of the McWilliams multi-family rezone north of this site) clearly established a policy on the part of the City Council to proceed ith additional residential rezones surrounding the shopping center site. As this po'lic is implemented, the public will not be served unless- these conflicted land uses are s:parated by appropriate buffering transitions. The City I ouncil has agreed with setbacks of twenty (20) feet for separations between commercia and residential areas in a number of cases, the most analogous to this particular site is the shopping center located at the northeast corner of Union and Sunset. his site required a twenty (20) foot landscaping setback between the commercia areas and residential uses to the north and east. RECOMM;NDATION Based upo the discussion above, the Policy Development Department believes that the Examiner's decision is fully within the scope of the policies established by the City Council i the Northeast Quadrant Comprehensive Plan, and the most recent rezone activity by the Council surrounding the subject site. The Examiner's decision shouldbeaffirmed. Renton City Council 4 August 16, 1982 Page 2 Consent Agenda c•ntinued Appeal - Appeal has been (filed by Michael Smith, President of Pacific Land Research, Bennett/ 1140 - 140th Avenue NE, Bellevue, of the Hearing Examiner's Decision of Multivest 7/21/82 for approval with restrictive covenants of a rezone of the north Rezone side of NE Fourth Street approximately 950 feet east of Union Avenue NE R-024-82 from G-1 and R-3 to B-1 for development of a proposed community shopping center, Bennett/Multivest, et al , Rezone #R-024-82. Refer to Planning and Development Committee. Bid Opening City Clerk reported bid opening 8/11/82 for 84th Avenue Co-op Water System; Water System 11 bids received. Refer to Utilities Committee. (See attached tabulation.) Consent Agenda MOVED BY STREDICKE, SECONDED BY HUGHES, CONSENT AGENDA BE ADOPTED AS PRE- Approved SENTED. CARRIED. CORRESPONDENCE A D CURRENT BUSINESS Metro Transit/ Letter from Mayor Shinpoch reported the possible consolidation of the Commuter Pool Metro Transit Program and Commuter Pool Program with Metro assuming the Program administrative responsibility for the Commuter Pool Program. The Admin- Merger istration recommended Council go on record as endorsing this proposal provided that: (a) Federal Aid Urban System funds be phased out within three years to be made available to other projects, and (b) a transportation committee be formed to oversee the commuter pool operation under Metro. This merger is to be considered by the King Subregional Council at the Puget Sound Council of Governments on 8/27/82. Mayor Shinpoch is on the Metro Council acid Councilman Stredicke is on the King Subregional Council Committee as well as being employed as a consultant for Metro. MOVED BY HUGHES, SECONDED BY ROCKHILL, COUNCIL GO ON RECORD AS SUPPORTING THE ADMIN- ISTRATION' S RECOMMENDATION. CARRIED. Lions Park Letter from the Renton Lions Club, Lyle A. Dull , Park Manager, and Hal Kloes, Shared President, P. 0. Box 554, Renton, requested discussion regarding a possible Management shared management agreement for Lions Park between the Renton Parks Depart- Proposal ment and Renton Lions Club. MOVED BY REED, SECONDED BY MATHEWS, THIS CORRESPONDENCE BE FORWARDED TO THE PARK BOARD. CARRIED. OLD BUSINESS Utilities Utilities Committee Chairwoman Mathews presented a committee report recom- Comm— iittee mending the following regarding professional and public liability insurance: Professional/ 1 . As a requirement before any consultant contract will be let on any Public public works ploject including architecture, engineering, construction Liability management or other consulting work not directly covered by the public bid Insurance laws for which there is already an insurance requirement and bonding require- ments, the city will require the following levels of insurance: a. Public Liability - $190,000 per person and $250,000 per occurrence. b. professional Liability - $250,000 if the contract is less than $100,000 and $1 ,000,000 if the contract is over $100,000. 2. It shall be city policy not to agree to any limitation of liability as part of any city consulting contracts, either public liability or professional liability. Committee report was signed by Committee Members Mathews and Trimm. It was MOVED BY MATHEWS. SECONDED BY TRIMM, COUNCIL CONCUR IN UTILITIES COMMITTEE REPORT AND REFER MATTER TO WAYS AND MEANS COMMITTEE. CARRIED. Aviation Aviation Committee Chairman Trimm presented a committee report recommending Committee the Mayor and Acting City Clerk be authorized to sign Supplement 4 to Lease Supplement 4 Agreement LAG 08-79, a sublease of ground under the new Renton Aviation Hangar to Airport to support the financing arrangements for the newly constructed hangar. The Lease LAG 08-7• terms of the original Lease LAG 08-79 remain unchanged. MOVED BY TRIMM, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE RECOMMENDATION OF THE AVIATION COMMITTEE. CARRIED. Renton Cimy Council August 16 1982 Page 3 Old Busin:;ss continued Committee of Committee of the Whole Chairman Clymer presented a committee report The Whole recommending the proposed ordinance clarifying the Hearing Examiner Hearing appeal process be referred to the Ways and Means Committee and that Examiner ` •peal the Hearing Examiner specifically identify the authority of the Council Process when all reports are issued. MOVED BY ROCKHILL, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE COMMITTEE OF THE WHOLE AND REFER THIS MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED: Boards an•,; Committee of the Whole Chairman Clymer presented a committee report Commissio recommending the following for each Board or Commission: Board of Board of Adjustment: No change; Library Board: No change; Planning Adjustmen •,; Commission: Membership shall remain at nine. Council will extend an Library B•'=rd; invitation to Planning Commission to meet with Planning and Development Planning Committee. Committee of the Whole will meet with the Planning Commission Commissio annually or semi-annually. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE RECOMMENDATIONS. CARRIED. Park Board' Park Board: Concur with the Mayor' s recommendation: 1 . The Mayor will have appointment authority when a Park Director is selected. 2. Council confirmation is required when the Director is appointed. 3. The new ordinance should be reviewed by the Park Board prior to Council consid- eration. MOVED BY HUGHES, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE REPORT REGARDING THE PARK BOARD. CARRIED. Board of Board of Ethics: Refer to the Administration with direction to draft a Ethics formal proposal showing how the current ordinance and code should be revised to reflect needs specified by the Mayor. MOVED BY ROCKHILL, SECONDED BY HUGHES, CONCUR IN THE RECOMMENDATION OF THE COMMITTEE OF THE WHOLE RECOMMENDATION. CARRIED. Municipal ; Municipal Arts Commission: An ordinance should be drafted and presented Arts to the Municipal Arts Commission which would: 1 . Leave 12 members on Commission , the Commission; no less than six shall reside in the city. 2. Delete consulting role regarding private property owners. 3. Delete Commission authority for contract negotiations and arrangements. 4. Transfer respon- sibility for maintenance and rotation of art to Facilities Supervisor. Committee of the Whole Chairman Clymer noted that another point had been discussed but not voted on and asked Council 's direction regarding one percent for art. Councilman Reed explained the ordinance would be drafted and presented to the Commission prior to Council consideration. MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL ACCEPT THE RECOMMENDATION OF THE COMMITTEE OF THE WHOLE REPORT, AS IS LEAVING THE ONE PERCENT FOR ART ORDINANCE, AS IS, AND REFER TO WAYS AND MEANS COMMITTEE. Councilwoman Mathews spoke against the motion, objecting to use of utility construction funds for art. MOTION CARRIED. Fire Civil Fire/Police Civil Service Commission: Concur in recommendation to combine Service/ the Commissions into a single unit. The Administration should submit a Police Civi , plan for accomplishing the reduction from six members to five. MOVED BY Service HUGHES, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE Commissions COMMITTEE OF THE WHOLE. Councilwoman Mathews encouraged the Administration 1 to coordinate the efforts to reduce membership with respective departments and labor unions and to include the five members in the initial consolidation of the commissions. Councilwoman Mathews suggested an orientation or pre- sentation for commission members to better inform them of the problems within each department. MOTION CARRIED. 1 Human Right Human Rights and Affairs Commission: Refer to the Administration for prepa- and Affairs ration of an ordinance and further discussion with the Commission. 1 . All Commission authority for investigative and/or quasi-judicial activities should be deleted from enabling ordinance. 2. A Commission with seven members will be retained in an advisory capacity to hold hearings and report on issues referred to the Commission by the City Council . MOVED BY ROCKHILL, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE REPORT. CARRIED. 11 1 AGENDAITEMRENTONI 1 For. Use By City Clerk's Office Only CITY COUNCIL MEETING I 1 SUBMITTING omm. CityClerk For Agenda Of August 16, 1982'Dept./Div./Bd./g 9 Meeting Date) Staff Contact Maxine Motor' Name iAgenda Status: SUBJECT: App al of Hearing Ex!aminer's Consent X Decision of 7/21/82 - Bennett!Multivest, Public Hearing I Correspondence et al , Rezone 024-82 I Ordinance/Resolution I Old Business Exhibits: (Legal Descr. , Maps,/ Etc.)Attach New Business Study Session A. Appe•1 Other I B. Hea ing Examiner's Decision C. Cit Clerk's letter /of 8/05/82 Approval : i Legal Dept. Yes_ No_ N/A_ COUNCIL ACTION RECOMMENDED: Refer to Finance Dept. Yes_ No. / N/A Other Clearance Planning a d Development Committee i I I FISCAL IMP CT: Expenditur Required $i Amount I Budgeted Transfer Required SUMMARY (B ckground information, prior action and effect of implementation) A tach additional pages if necessary. ) A•peal filed 8/05/82 by Michael Smith, President, Pacific Land Research. I I I I I I it PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: 1 I I SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. 1III OF R A. 4 0 0 OFFICE of the CITY CLERK IliTzri.5;i-7N200MillAvenueSouth • Renton,Washington 98055 MI f 1 Auci 6 's 2 i ',-:.::i.:::;; i...: a 7 a 1 ; 11% 94 1 1 3.I \i ,,,,;'•-••:.1 • - : ,tec. sErle° s•-- i-jA ..-'r;::::::' ' c,i-,f'i:".. .'?-i2'i ,-:.--;' E c LE f VAIE-IirgAUG12, 1982 10 Mr. Robert Terry I Up.9 1-bw••*--SE.. 24th aft max Bellevue, WA 98008 1/4 7 ( 3° r7-77.7.7.- -... r---r_-:-..--. .) Vs:›,-M A111, !?1 i A 5 I July 21 , 1982 y OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND 'ECOMMENDATIOi TO THE RENTON CITY COUNCIL. APPLICANT: Bennett-Multivest, et al FILE NO. R-024-82 LOCATION: I North side of N.E. 4th Street approximately 950 feet east of Union Avenue N.E. SUMMARY OF ,RESUEST: The applicant seeks a rezone of the subject site from G-'1 and R-3 to B-1 for development of a proposed community shopping center. SUMMARY OFF Building & Zoning Department: Approval with restrictive RECOMMENDATIO : covenants. I Hearing Examiner: Approval with restrictive covenants. BUILDING & ZO ING The Building & Zoning Department staff report was received by DEPARTMENT 'RE'ORT: the Examiner on June 22, 1982. PUBLIC HEARINe: After reviewing the Building & Zoning Department report, examining available information on file with the applicaion, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows : The hearing w.s opened on June 29, 1982 at 11 : 12 a.m. in the Council Chambers of the Renton Munici .al Building. Parties wishing to testify were affirmed by the Examiner. Roger Blayloc , Zoning Administrator, presented the Building & Zoning Department report, and entered t e following exhibits into the record: Exhilbit #1 : Application File containing Building & Zoning i Department report, letter from Triad Associates , dated June 14, 1982 regarding half-street improvements east of the site, and other pertinent documents Exhilit #2: King County Assessor's Map Exhibit #3: Zoning Map in vicinity of subject site Exhibit #4: Comprehensive Land Use Designations overlaid on Aerial Map Exhibit #5: Conceptual Site Plan Map (not binding on city `;:, or applicant) The Examiner r-quested testimony by the applicant. Responding was : Michael Smith 17422 108th Avenue S.E. 1 Renton, WA 98055 I Responding to the Examiner's inquiry regarding ownership of the property, Mr. Smith advised control by 'pen ett-Multivest Partnership with the property to the west, not part of the rezone, owned y the Safeway Corporation. Responding to the Examiner's inquiry regarding whether the, applicant would be' willing to stipulate by covenant that the subject site would be developed as a unified whole, Mr. Smith was uncertain if he had the authority to respond; however, it is the intent of the applicant to provide a planned shopping center on the site along the lines of the conceptual site plan. Mr. Smith revi wed his educational and professional background as an urban planner, and indicated conc rrence with the staff report as presented. He noted the possibility of future rezonin of seven additional acres owned by the applicant to the east of the subject site following establishment of the Safeway facility to the west which could increase the size of the sh pping center to1, 21 acres in size. Reviewing various documents submitted with the appli ation, Mr. Smith noted that written reports for the environmental checklist and the rezone request outlined in detail various requirements for the rezone, environmental impacts of the proposal , and also include a traffic report. He described the purpose of the rezone of the ight-acre site to provide for expansion of the six-acre business-zoned Safeway site t the west allowing creation of a commercial hub. Uses surrounding the i I R-024-82 Page Two subject 'site were discussed, and it was noted that existing single family homes on the subject 'site will be removed as phasing occurs. Mr. Smith advised that the only conflicting land us surrounding the site is a single family residence quite a distance to the north, and rez 1ne of that property in conformance with the comprehensive plan is intended by the owner i the near future. He indicated that a small amount of business zoning exists on other q ladrants of the intersection of Union and N.E. 4th, but none approach a sufficient propert ' size to develop a viable commercial node, and, consequently, a hodgepodge of strip develop ent has occurred. Additionally, many of the larger business zoned sites in the area ha been' developed for multifamily use. ReviewiI conformance of the proposal to the Comprehensive Plan, Mr. Smith referenced general land use objective No. 1 , which states that land use decisions should be consistent with ay.ilable community facilities , utilities and transportation in the area, and the third policy which states that land development should progress logically from west to east in ,the Renton plateau. He advised that development of the site is shown as a major commercial node on the comprehensive plan land use map element and is the next logical step fo growth in the area. Prior t• review of existing and proposed residential developments in the area to illustrate the nee for a commercial shopping center, Mr. Smith submitted a petition into the record which h:d been circulated among the residents of Leisure Estates Mobile Home Park in support of the .'roposal , which was entered as follows: ii 11 Exhibit #6: Petition from Leisure Estates (89 signatures) The following developments were described: Leisure Estates Mobile Home Park on Union south of the subject site, 250 existing and 200 proposed units; Ventura Partnership condominiums on the Forth side of N.E. 4th on the west side of Union, 240 units ; U. S. Homes/Terrace Projection N.E. 3rd Street and Edmonds Avenue N.E. , 280 units ; ERADCO project on N.E. 3rd Street, 400 units ; Cascadia (Northward) PUD to the north of the subject site, approximately 700 uni s; Fernwood Subdivision south of the site, 75 homes with a parcel north of that site wh ch could be developed to a density of 60-80 units ; Vantage Point Condominiums to the wesi , 96 units ; Clark-Rich Condominiums north of the site, 12 units. These eleven project: create a total of 2,850 units in the general vicinity of-the subject site. Reviewil'',g other policies of the Comprehensive Plan , Mr. Smith advised conformance of the proposa to Policy No. 8 of the Land Use Objective; Policy No. 1 and No. 6 of the Commercial Development Objective; and Policy No. 1 of the Utilities Objective which requires availability of sanitary sewers as a prerequisite for new land development. The Examiner noted t at testimony by a representative of the Public Works Department would be requested later ii the hearing regarding the capacity of lines in the area. Mr. Smith noted that a commercial development does not create a high demand upon sanitary sewer facilities compareb to residential development, and in some instances , septic tank facilities have successfully served certain Safeway store facilities. Regarding the land use element of the plan, felt that although an office park designation alone in the area of the subject site w.''' ld probably not support itself or be economically desirable, a substantial commer•ial area could be compatible with proposed office use and stimulate that type of develo• I, ient. The market area would extend out in a funnel-shaped pattern from 1-405, wideni ". as it goes east along N. E. 4th Street, and the subject site is of sufficient size and re. ired amenities to support that market area. Responding to the Examiner 's inquiry regarding timing of removal of single family homes on the rite and access to those homes by an easement from N. E. 4th through portions of the sud''ect site, Mr. Smith stated that the homes are owned by the applicant and would remainiin that ownership or rented during the phasing process which is proposed from west to easIL He noted that phasing could occur within a year or within three to four years . The acdess could remain or be shifted to the east since control of the seven acres adjoining that p.grcel remains with the applicant. The Ex. iner requested testimony by a representative of the Public Works Department to responu' to the issue of availability of sewer service to serve the subject site. Responding was : Bob Bergstrom Engineering Supervisor Mr. Bergstrom stated that the project site lies east of Union Avenue N.E. in the Heather Downs drainage basin which drains south to the Cedar River complex. The existing sanitary sewer`' a1in Union flows approximately 200 feet south to N.E. 4th Street, then west into the old Cloy of Renton collection sewer system. The 8-10 ,inch sewer system is presently at capacity at 7th and Sunset, and property owners do occasionally experience flooding. The subjec!, site could be served two ways, either by pump system which flows westerly into the existing sanitary sewer system and provide small improvements downstream where sewage shifts the King County-City of Renton shop interceptor which then flows out to the Cedar jiver Metro trunk, or by gravity sewers flowing south into the Heather Downs community south .f N.E. 4th Street. Both of those options will require capital improvements to i 5 H. R-024-82 Page Three accommodate ervice to the site. _ F Responding for the applicant was: I Robert Terry 15804 S.E. 24th Bellevue, WA 98008 Mr. Terr4 District Manager for Safeway Stores in Bellevue and Renton, reviewed his background a d experience in selecting proposed sites for the grocery chain. He indicated that the mar et research development division in Oakland, California had done an extensive survey ofth= area and had determined that the timing of establishing an additionl store was econorii ic- lly feasible at this time. The other two Safeway stores in the city have expansion co straints , and the subject site was determined to be a logical location to serve the growing market in the northeast quadrant of the city. The property has been purchased, a d funding for construction and the design concept have both been approved for the new store scheduled to open in July, 1983. Responding to the Examiner's inquiry regarding th= impact on the existing Safeway store in the Renton Highlands, Mr. Terry stated that 'he majority of population growth from the east and southeast wouldjbstify11 an additional store, and the proposal will contain approximately 43,500 square feet and a variety of departments to accommodate customers who prefer one-stop shopping co venience. He encourages approval of the requested rezone to allow expansion of the proposed shopping center in th, future. Mr. Terry confirmed Mr. Smith's testimony regarding operation of other stories on a septic tank system since the use generates very little sewage, nd advised the eason the Duvall and N.E. 4th Street site was not selected for the S feway facility 4'as due to existence of a major intersection which creates traffic and a cess problems into the site. The Examiner requested further testimony in support of the application. There wa. no response. H- then invited testimony in opposition. Responding was : George A. Kresovich Hillis , Phillips , Cairncross , Clark & Martin 403 Columbia Street Seattle, WA 98104 1 Mr. Kresovich, representing G. M. Associates, indicated that testimony would be p ovided by consultants for his client. The Examiner then affirmed all parties wishing to testify. Responding was: William E. Popp William E. Popp Associates 10615 N.E. 4th Street Seattle Trust Building, Suite 400 Bellevue, WA 98004 Responding to Mr. Terry 's comments regarding the desirability of a shopping cente at the intersection of Duvall and N.E. 4th Street , Mr. Popp stated that the site had beep analyzed for projected conditions in 1, 86 considering substantial growth in traffi.c from tie east and northil and that intersection has been planned accordingly with left turn chan elization and pavement widening. In hits opinion, the traffic in that location will operate efficiently. He noted an error in the traffic report prepared for the subject re one, which mistak-nly identifies Union Avenue as a four-lane arterial and Duvall Avenu as a twr. lane roadway when the reverse is true. Also, the report suggests the need for a two-way left turn la e on N.E. 4th Street, and considering the traffic volume, Mr. Popp f1- lt that a two-way le t turn lane is a mandatory improvement. Responding w-s: Jerry Buck, Director of Planning Triad Associates 11415 N.E. 128th Street i Kirkland, WA 98033 Mr. Buck dlis•ussed his opinion that Duvall Avenue now and in the future is the only street capable o h-ndling full improvements to accommodate traffic for a shopping cente , noting that near N. :. 4th Street/ Duvall is a 100-foot wide right-of-way which narrows to 86 feet to the north. Union Avenue N.E. is a 60-foot wide right-of-way which, because of existing development, will not be able to be widened in the future. Furthermore, the sever' now owned by the applicant to the east of the proposed rezone site is in a configuration where only a portion could serve as an extension of the shopping center, topograp is constraints .f the property would require substantial filling to allow developmen , and the site hbuis established single family residential uses. Mr. Buck felt that th existin, B-1 zoned ;pr.perty lying west of the subject site would be more appropriately dev loped for office' u es than retail/commercial use given the surrounding residential uses since office use c-n more easily be made appropriate neighbors than a large scale retail .shoppin center. 1 1 Ili II Il R-024 82 Page Four Respondling was: II David Halinen 11 Triad Associates 11415 N.E. 128th 11 Kirkland, WA 98033 Address ' l' Ing the sanitary sewer capacity, Mr. Halinen objected to Mr. Blaylock's assertion that if the applicant is served by the sewer main north from Heather Downs Subdivision, the Ben ett-Multivest development would be served first. The Examiner clarified that Mr. BlayloclI's testimony will be weighed. Mr. Halinen stated that given problems with the exiting facility to the west down N.E. 4th Street and that the site under consideration is in all. ifferent sewage drainage basin, he requested that should approval of the rezone be gran;-d, the Hearing Examiner require that a sewer system be provided by gravity to the south. °upport of that proposal is given in the draft EIS for the Northeast Quadrant Compreh: sive Plan. II Mr. Smil' stated his belief that each proposed rezone should stand on its own merits in accorda Icewith rezone procedures. He indicated that the Safeway facility provides an anchor in the proposed shopping center which will draw a large number of other developments in the gllanned center approach, further supporting approval of the rezone. Responding to comment•° regarding traffic improvements , he noted that plans for channelization and left turn lall'I along N.E. 4th Street would be reviewed with staff to provide a logical develop ent of that facility. Additionally, the intersection has recently been upgraded and is .apable of accommodating the proposal , and there is no need or intention of widening Union Avenue N.E. in the future. Responding to comments regarding development constraints of the additional seven-acre site to the east, Mr. Smith indicated that the site is of under review at the hearing, and the subject site is of sufficient size to accommo.ate the proposed shopping center and provide for parking, circulation, landscaping and setacks. Options for provision of sanitary sewer to either the west or south will be reviewed) with staff as the project proceeds. Mr. Kreovich objected to testimony regarding provision of an anchor by development of a Safeway torewhich he felt was neither relevant nor germaine to the land use issue. He support:d inclusion of the condition regarding gravity sewer to the south if approval of the reztne is granted because unless it is imposed, the policy of the Northeast Quadrant Compreh:hsive Plan will not be fulfilled to ensure that sewers should be logically provided to servzI planned development. The Exa liner entered the record of the previous public hearing, File No. R-019-82, G. M. Associa -s rezone, into the record as Exhibit #7. He then requested an additional 14-day period III which to publish a recommendation regarding the matter. Since there was no objectilln, the hearing regarding File No. R-024-82 was closed by the Examiner at 12:35 p.m. II FINDINGS ° CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS11, Il 1 . The •-pplicant, Bennett-Multivest, et al , filed a request for a reclassification of apprll>ximately 8.5 acres from G-1 (General ; Single Family Residential ; Minimum lot size)- 35,000 square feet) and R-3 (Medium Density Multifamily) to B-1 (Business/ Comm. rcial) . II 2. The jpplication file containing the application, SEPA documentation, the Building and toning Department report, and other pertinent documents was entered into the record as Exhibit #1 . 3. Purs llent to the City of Renton 's Environmental Ordinance and the State Environmental Policy Act of 1971 , RCW 43.21C, as amended, a Declaration of Non-Significance has beeiissued for the subject proposal by the Environmental Review Committee (ERC) , resp. nsible official . Iv 4. Plan: for the proposal have been reviewed by all city departments affected by the impa€lt of this development. 5. The C:I' Ilubject site is located on the north side of N.E. 4th Street and east of Union Avenue N.E. by approximately 950 feet. 6. Tlie '!ubject site was annexed into the city by Ordinance No. 2290 in November of 19661 It was automatically classified G-1 at that time. The westernmost dogleg was declassified to R-3 by Ordinance No. 2307 in February of 1967. A portion of the subject site was considered for a reclassification- to R-3 in 1977. That request was denil'd. I R-024-82 Page Five 7. The site i - generally level although it slopes downward toward the northeast. I 8. The Compre ensive Plan 's map element indicates that the subject site is suitable for the, de elopment of commercial uses. The commerical policies and objectives of the Northe-st Comprehensive Plan indicate that only one community shopping center should be -stablished in the general area. The areas generally designated are the northwest, northeast and southeast corners of the intersection of N.E. 4th Street and Union avenue N.E. and the northeast corner of the intersection of N.E. 4th Street and Duvall Avenue N.E. The subject site is east of the northeast corner of 4th and Union. !Th. policy indicates that after implementation of a shopping center at one of these locations , the other location should be reanalyzed for appropriate uses . The Commercial Development Policy No. 6 reads as follows: The La d Use Mtn neeogn,izeo that one eommun ty-.cafe netai,e 4hopping cen.en 20+ I a e. ) .c.is ju/sti.b.ied by the anticipated ma'Fze t bon the akea along N.E. 4th w,i t'in e cityty Viitls duting the £.i.be o b .the p.ea.n. Subb-Le Lent area 4.4 de6ign, ed at N.E. 4th Stkeet and Union Avenue N.E. to ptov.ide bon community ohopp.n, baci.e.%tia cut the nofcthwe4-t, nontheaot, and 4outhea4. co/me/us and ava'Jab'e at the noh theau,t conned. o b N.E. 4th and Duva.i. OnI y one o b .heo e conneu 4houed be deveeoped ass a netai.e 4hopping cen-en. Upon -tmp.eementatian ob one hopping comp.eex, 1 the Comptehenzive Plan 3hou ld be eva.eua ed bon appno p ate uA e o b the nema-.n.ing eonneAo. " i 9. The appliic.:nt proposes developing a community shopping center in conjunction with adjacent p operty to the west already appropriately zoned B- 1 . The property to the west i •, owned by Safeway stores which plans to develop a supermarket on the site. I A gasoline station is located on the immediate northeast corner of N.E. 4th and Union Aven e N. E. 10. Four singl : family homes are located on the subject site. These homes would be removed; as the developmentiproceeds from west to east. An easement roadway crosses the subjec site to provide access to homes on landlocked property to the north of the site. Owners of these latter parcels have suggested a roadway be constructed on the eas perimeter of the subject site to these properties. 11 . There are : variety of uses in the vicinity of the subject site. Aside from the gasoline s- rvice station to the southwest of the site, another service station is locatedwe.t of the intersection. A convenience store and bank are located south of the sit- . A twelve-unit condominium is located immediately west of the subject site' s wes erly dogleg. Vacant proserty is located east of the subject site and was suggested for possible easterly e pansion of the proposed shopping center. Single family homes are located east of that parcel and also north of the site along Union Avenue N.E. I 12. The applic:nt has not indicated the specific uses which would be incorporated into the center, but with the Safeway store, the uses would include at least a supermarket , and probab y convenience hardware and drug stores. The traffic generation/attraction of the ,sit- depends on the specific uses , but it is estimated at approximately 8,400 trips per say. The current vehicle trips per day on roadways in the area are approxi'mat- ly 19,000. I 13. Sewer service is available at Union Avenue N.E. and could be extended to the subject site but t e line has downstream capacity problems . Capacity is available in the Heather Do ns trunk to the: south and an extension would also be required to tie into that lime. The Union Avenue hookup would require a pump station while the Heather Downs hook p would be gravity fed. 14. There i''s a ailable capacity in the water mains in the vicinity of the subject site. 15. The inters-ction of Union Avenue N.E. and N.E. 4th Street is controlled by a traffic signal . Both streets are city arterials and Union Avenue N.E. has a 60-foot right-of- way. 16. The applicant proposes developing approximately 139, 117 square feet of leasable area on the subject site and adliacent westerly site. 17. A proposal to develop a community shopping center for the northeast corner of N.E. 4th and Duvall AvenueiN.E. (File No. R-019-82, G. M. Associates) has also been submitted to the city and both public hearings were held the same day. While each location ust be able to meet the criteria enumerated in Section 4-3014, because Policy ,6 .f the Northeast Renton Comprehensive Plan indicates only one shopping center R-024-82 Page Six J lal'•ng the N.E. 4th corridor, the two proposals were presented as clearly in c. lpetition for approval . 18. T I city utilized a market analysis prepared for the G. M. Associates rezone request to conclude that a community shopping center was appropriate for the area, although th- specific site was not reviewed (See Finding No. 15 of File No. R-019-82) . 19. Other zoning in the area consists of a relatively large B- 1 district straddling the 4t and Union intersection and running west as far as Monroe Avenue N.E. R-3 zoning isi locatednorthwest of the site and T (Mobile Home Park) zoning is south on the we t side of Union. CONCLU IONS: 1 . Th11, proponent of a rezone must demonstrate that the request is in the public interest III will not impair the public health, safety and welfare. In addition, the rezone mu it comply with at least one of the three criteria listed in Section 4-3014 which provides in part that: all. The subject site has not been considered in a previous area rezone or land use analysis; or b. 'i The subject site is potentially designated for the new classification per the Comprehensive Plan; or c. i There has been material and substantial change in the circumstances in the area in which the subject site is located since the last rezoning of the property or area. As " indicated below, the applicant has demonstrated that the subject site has the chracteristics necessary for the development of a community shopping center, but th- re is "still the proviso of the Comprehensive Plan which indicates that only one community shopping center should be located within the N.E. 4th Street corridor in th:; vicinity of Union Avenue N.E. and Duvall Avenue N.E. Since two proposals for ths type of development in that corridor were presented for review simultaneously, itIwould be appropriate to impose certain conditions so that effective implementation wi 1 occur and the general welfare enhanced. 2. Th:; subject site, while not located immediately at the intersection of two major arterials , fronts on N.E. 4th Street and abuts a parcel to the west which fronts on Unl'on Avenue N.E. The subject site will be developed in conjunction with that parcel . Joint development of the two sites will permit access to the proposed shopping center from either N.E. 4th or Union N.E. The subject site is therefore in a highly desirable location for a community shopping center (Policy 5.D. 1 ) . 3. Whlle the area is currently surrounded by scattered single family uses , these uses , esmecially to the north are in transition. While multifamily development is located im ediately west of the subject site and north of the allied parcel on which Safeway plflns to develop a supermarket , it provides a buffer (Northeast Comprehensive Plan, Co'munity Policy 5) and will be able to easily utilize the shopping center. The proposed use is compatible with the Comprehensive Plan map designation for the site an' with the designations for the surrounding area which is for office park development an, multifamily housing. InNorder to protect neighboring uses and comply with the landscape objectives of the Co prehensive Plan, a twenty foot landscape buffer should be established along the noth and east property line. Such a condition should be reviewed if the center incorporates additional property east of the subject site in which case the buffer co Id be moved eastward. 4. Th-1 intersection near which the site is located has recently been signalized and thl intersection can accommodate the traffic which will be generated by the subject s i e. 5. Whi'ile the ability of the sewer located at Union to handle additional waste is in do bt without downstream improvements , gravity disposal to the Heather Downs system is possible with a developer extension. 6. Si ce the subject site is well located at the intersection of two arterials , is gelerally well buffered or may be buffered from surrounding lesser intensive uses , isliprobably large enough when developed in association with the Safeway proposal im ediately west, and could provide development compatible with the Comprehensive Plan, the City Council should approve the reclassification of the subject site to B-', subject to the condition indicated below. j.R-024-82 Page Seven 7. There was no analysis of the impact of a north/south roadway on the property' s easterp boundary and it would be premature at the rezone stage to require suchadedicaItio , especially si ce an easement for such a purpose already exists. 8. The folio ing conclusions have been incorporated into the Examiner's Report for File N . '-019-82 and thi application, R-024-82 because the language of Policy No. 6 of the No theast Comprehersive Plan. 9. Consideri g the two proposals separately without reference to the Comprehensive Plan's "o e shopping center" proviso indicates that there is nothing to militate for one propo•al and against the other. Both sites are capable of sustaining the traffic, both coulp reasonably sere the same growing service area, both would concentrate community services in one location, both will need to either improve the existing capacity of the Union Avenue sewer or extend a line to the Heather Downs trunk, both irate d to or can be buffered from adjoining uses , and both are compatible with many of the goals anc policies of the various elements of the Comprehensive Plan. Bu , taken together, they could conceivably encroach on each other's service area (('ol cy 5.1).3) , especially during their initial period of operation awaiting the growt of the service area; they are fairly close together, approximately a mile agar ; and the "second" center would usurp land which the Comprehensive Pllan indicates would serve other useful purposes such as office park. Therefore, whileII the condi ion below will not necessarily assure one viable shopping center, it attempts ,o require adherence to a reasonable implementation schedule. 10. The Copr:hensive Plan in icates that upon implementation of one shopping center, the other three designated potential sites be reevaluated for other possible uses , possibly :ven another shopping center if the need is apparent. The key word is "implementation." The Comprehensive Plan does not provide a methodFof determining which one of two or more locations would be more appropriate given iha the locations and properties appear to be equally suited forcommunityii shopping ienter development or at least business/commercial uses . The problem is compoundep because two similar proposals were submitted for evaluation at the same time. Ne ther development could be "implemented" without first approving a reclassif cation to B-1 which is an underlying requirement for commercial development on either site. Therefore, the Comprehensive Plan provides only limited guidance, but at le. st establishmen of a shopping center within a reasonable period of time should be required. That is, either a community shopping center is developed on one or bo h of the respec ive sites within two years or the zoning on, one or both sites sho Id revert to its former status. If implementation at either site did not occur alit in the time limit., the city could reanalyze what use would be in the l best interest of the public for the site or sites. This stipulation, in the nature of a contrac reclassification of the properties has been recognized by the Washington courts 'as a valid use of the zoning powers. (State ex rel . Myhre v Spokane, 70W 2d207 ( i In order o also eliminate some of the potential ambiguities in determining w ether implement.tion has occurred , the applicant will have to have been issued within the two ye6r period a valid building permit. If the building permit granted in t e two year period expires without being utilized as provided in the Renton Building Code, then tie .oning shall revert to its earlier classification. 11 . RatheOh.:n encourage speculative and potentially premature reclassification if either site whil : foreclosing the development potential of its competitor, the City Clouncil should approve the requested reclassification subject to the filing of restrictive covenants embodying the time frame of implementation. Policy 5.A. 1 requires that II commercia zoning only be allowed to the extent of short term needs to avoid speculati e rezones which do not benefit the public. Reasonably timely implementation under the condition would help effectuate this policy. r RECOMMENDATIO : 4un1i1TheCityshouldapprovetherequestedreclassificationtoB-1 subject to: 1 . Provision of a 20-foot landscape buffer on the north and east property lines. i1 2. Execution of restrictive covenants implementing the condition enumerated in Conclusio No. 10. ORDERED T IS 21st day of July, 1982. I 7K:2, .1614ft iw.—.....ww.;— Fred J. Kauf I Land Use Hearing Examiner 1 I R-024-82 Page Eight I TRNSMITTED THIS 21st day of July, 1982 by Affidavit of Mailing to the parties ofrecord: Michael Smith, 17422 108th Avenue S .E. , Renton, WA 98055 Robert Terry, 15804 S.E. 24th, Bellevue, WA 98008 11 George A. Kresovich, Hillis , Phil lips , Cair11 ncross , Clark & Martin, 403 Columbia Street, Seattle, WA 98104 ll William E. Popp, 10655 N.E. 4th Street, Seattle Trust Bldg. , Suite 400, Bellevue, WA 93004 Jerry Buck, Triad Associates , 11415 N.E. 128th Street, Kirkland, WA 98033 David Halinen , Triad Associates , 11415 N.E. 128th Street, Kirkland, WA 98033 Henry Balko, P.O. Box 68562, Seattle, WA 98168 Mary and Ed Porter, 29422 18th Avenue S. , Federal Way, WA I 98003 TR4NSMITTED THIS 21st day of July, 1982 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Richard Houghton , Public Works Director David Clemens , Policy Development Director Members , Renton Planning Commission Ron Nelson, Building & Zoning Director II Roger Blaylock, Zoning Administrator Bob Bergstrom, Engineering Supervisor Lawrence J. Warren, City Attorney Renton Record-Chronicle ill 11 Pursualt to Title IV, Section 3015 of the City's Code, request for reconsideration must be fi `{ed in writing on or before August 4, 1982. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgmel'it , or the discovery of new evidence which could not be reasonably available at the pr1!lor hearing may make a written request for review by the Examiner within fourteen 14) d:ys from the date of the Examiner's decision. This request shall set forth the specifc errors relied upon by such appellant, and the Examiner may, after review of the record take further action as he deems proper. An appal to the City Council is governed by Title IV, Section 3016, which requires that such as,peal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other •specified requirements. Copies of this ordinance are available for inspection or purcha:'e in the Finance Department, first floor of City Hall . 11 II 11 11 II 11 J 1 1 t•' •' ••1 I 1 - if i r.i'-ci- Ash.• •.7., el. ..- 4,1, ; t Mil rt ttiLyi _..k. (.1. ,))---, N:n r t/i 6"r1 Er'IsmJ7.:'= ix wE Gv Pl. N 1C. i II•Al. 1 .11.-1.L.. .• E , • ••, ,_ i--. • L., p p_N LW T i I el -- — -. - I - r p i1 t R- I 1 L 1 1 i i 1"-- Ib- j [--i_. _. ..,_ 1.1 _., . _ . i I 1-. ,ala poop T I 3 1 T iIH i r, , ,. .-- ___I it il: f 1 12 I 1, I EXHIBIT. NO. 3 VE 7R NNW OD r 1 Cr?Eo aXEM NO. .o2 -S. T I I wu,rrtn 1 AM JUN 2 )1982 C /1 E Y RY 4 I ! I Pr N w WI 1el R 3 II 1` 14.1 L 1 . 1 fT R-, ; 1 o v' 1 i 4, 0 > ..' o THE CITY OF RENTON V 0 t, % a r`' o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o i 'rap BARBARA Y. SHINPOCH, MAYOR 0 LAND USE HEARING EXAMINER 9 Go 0 Q Au(tus t. 5, 1987_ FRED J. KAUFMAN, 235-2593 1Tg. EO SEPt e 1 Members , Re ton City Council Renton, Was ington RE: Filo No. R-024-82, Bennett-Multivest , et al Rezone; and File No. R-019-82 , d, . Associates Rezone. 1 Dear Council Members : As you will notice, the last four conclusions and the recommendation in each of the above entiitled matters are identical . Although the applicant in the G. M. Associates rezone has of yet executed the restrictive covenants , this office has forwardedto you that 'file since the two items are closely associated and you may want to review both items oncurrently. Generally, reports are not forwarded for your review until covenants h ve been executed, but under the circumstances , confusion may occur as the Bennett-Mul ivest application has been appealed and discussion of the G. M. Associates decision ,oc.urs in the Bennett-Multivest report. 1 Regarding t I e appeal , the same conditions were imposed upon both applicants ; however, G. M. Associates has not appealed the imposition of those conditions . While Safeway has applied for a building permit, it is not for property involved with the rezonle equest . Construction on that separate parcel would not effectuate the condition's imposed, as covenants must run with a particular parcel of property. In addition, a single supermarket does not constitute a shopping center, and the record reflects itha fact that Safeway was going to construct the store with or without the approval M' a rezone for the subject site. I If the applicant actually intended to construct a shopping center rather than p1reparing a specula!ti e venture, the time frame would not be onerous , as one can observe how quickly act al development plans are implemented once official approval is granted. If the rezo e is not needed 'for five to seven years, ' approval of same at this point is premature a d in violation of Policy 5.A. 1 : "Commercial zoning should only be allowed to the extent of short term needs." I hope thlis letter will provide assistance' to you in your deliberation of the above referenced matters . Sincerely, V11"44P'La Fred J . Kaufman Hearing Examiner- I OF i ° 4, 00 THECITY OF RENTON yI z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 rn BARBARA Y..SHINPOCH, MAYOR • CITY CLERK • (206) 235-2500 o, 9A j co, 0, 9/ L) 5EP1 Auguvt 6, 1982 CERTIFICATE OF MAILING STAT. OF WASHINGTON) ss. 1 COUN Y OF KING MAXINE E. IMOTOR, Acting City Clerk of the City of Renton, beinl first'duly sworn on oath„ deposes and says that she is a citizen of t e United States and a resident of the State of Washington, over the .ge of 21 and not a party to nor interested in this .matter. That on the 6th day of August, 1982, at the hour of 5:00 p.m. , your affiant duly mailed and placed in the United States Post.Office in Renton, King County, 'Washington;, by first class mail , to all parties of reco d, a true and correct NOTICE OF APPEAL OF THE HEARING EXAMINER'S DECI ION FILED BY MICHAEL L. SMITH, PRESIDENT, PACIFIC LAND RESEARCH, ' FOR HE BENNETT-MULTIVEST, ET AL, REZONE, FILE R 024-82. i7;ld,,,,cd,of.;:, e. 7 '; k),CF.40Z.?;E4:_} Maxi a E. Motor, Acting .City Clerk 1 SUB CRIBED AND SWORN TO BEFORE ,me this 5th day of August, 1982. It1 J' _,gyp.&/ G ip, C Not. y Pu61 i c in .and, or the State Of ' ashington, residing in King County jkm 1 1 1i p"-tl — +bcnneel'-nllulfiveet,etal NEEED COPIES TO: ENT Y CITY ATTORNEY' S OFFICE 8/0(o 1 RECORD CHRONICLE (PRESS) OX7 V MAYOR' S OFFICE 0(0. 11 _ CITY COUNCIL I{4 'fife' S/O5 kINANCE . DEPARTMENT HEARING EXAMINER Y 4;44DEPARTMENT ghy® PUBLIC WORKS DIRECTOR 1X4P L 1 ENGINEERING 8/(x, Pell PETITIONER/APPLICANT E3/0( CCbo, ti DOI( DeVel Ken*. 87:DG STREE DEPARTMENT BUILDING DEPARTMENT i VIn. iit.c.0noninn;cIr-v) 8/(1 , OF •,• 17 y THE CITY OF RENTONjU00ZMUNICIPALBUILDING200MILLAVE. SO. RENTON, WASH. 98055 IA 1 , rn BARBARA Y. SHINPOCH, MAYOR • CITY CLERK • (206) 235-2500n 09. 0 co, 0, 9gT D SEP tA P August 5, 1982 APP:AL FILED BY MICHAEL L. SMITH, PRESIDENT, PACIFIC LAND RESEARCH Re: Appeal and Reconsideration of Hearing Examiner's Decision Dated July 21, 1982, Bennett-Multivest, et al , Rezone. File No. R-024-82 To artier of Record: Pur uant to Title 4, Chapter 30, City Code, written appeal of Land Use Hearing Examiner's decision has been filed with the City Clerk along with the proper fee of $25. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent docments will be reviewed by the Council 's Planning and Development Committee and will be considered by the City Council when the matter is reported out of Committee. Ple se contact the Council Secretary at 235-2586 for date and time of the committee and council meetings should you desire to attend. Yours very truly, CITY OF RENTON 77472-6r--'-'-'f-c er;2P-Lot..., Maxine E. Motor Acting City Clerk MEM:j km loPACIFIC LAND RESEARCH• 1140 140th Ave. N.E. • Bellevue, Washington 98005 206) 454-4421 (206) 226-2099 August 4, 19 2 i Mayor and Ci Council Renton, Wash' gton Municipal Bu. ding Renton, WA 8055 Re: Appeal f Condition142 of Hearing Examiner Recarrndation, File No. R-024-82 Dear City Co cil Members, Please acce t this letter as our formal request for appeal of the Hearing Examiner Recommendat n regarding the Bennett-Multivest Rezone, File No. R-024-82. As planning consultant or the applicant, we submit to you the following explanation and justification for such appeal. We do not d'sagree with the total recommendation and, in fact, concur in recommendation for approva of the rezone. The applicants appeal concerns only Condition #1 & 42 of the Hearing aminer's Recommendation. Condition # , Condition # states that the applicant shall execute restrictive covenants implementing the condition enumerated in Conclusion No. 10. Conclusion No. 10 states that implementation of the shopping center has occurred when the applicant has been issued, within a two-year period from rezone approval, a valid Building Permit. If the Building Pe . it granted in the two year period expires without being utilized as provided in'the Renton Building Code, then the zoning shall revert to its earlier classificat on. We feel errors in fact and law exist with respect to this condition which the Examiner was not aware of at the time. I' 1. Since e Hearing Examiner issued his decision, Safeway Store, Inc. has applied for a B ilding Permit on land within the shopping center proposal. This is on land that had already been zoned B-1 and was not in the rezoned portion. However Safeway is an integral part of the total shopping center proposal, and cre?tes the anchor or stimulus for its further development. Although Safeway testified at the hearing that they had purchsed the property and were going to build a new store, they hadn't actually applied for a Building Permit. Because of this new or amended fact we feel that we have complied with . the implementation requirement by initiating development of the shopping center with this major tenant. We ask that the council concur in this fact and eliminate i the nec ssity for Condition #2. 1 Land Use Planning & Feasability • Government Interface • Development Page Two 2. If the c. cil still feels that we haven't met the"Building Permit requirement, we ask .t you base elimination of this condition on additional errors of fact and law: Error in fact and law: . The timing issue was fully addressed in our written just''lication and at the hearing. The subject proposal complies with all of th- "timing" criteria established in Section 4-3014 of the Zoning Code and e Comprehensive Plan. This includes adequate transportation facilities, utili ies, substantial growth and development in the area, etc. (See Hearing Ex. ' er Conclusion #1) . The subject site is the commercial shopping center that actually designated as such on the Comprehensive Land use Element, and slies with the policy ofddevelopment in a logical west-to-east pattern. NowheFe in the comprehensive plan does it state that a two-year reversion clau should be applied or is reasonable. It is doubtful that given the ove elming compliance to all the Comprehensive Plan elements and Policies that [it would be in the general welfare to hinder progress of developing a c lete center by having to go back through the rezone process in the midst of its development. Error in fact: It takes longer than two years to build a shopping center such s the one proposed even if it was started today. Therefore, the term reas nable" used by the Examiner in Conclusion 10 is in error. The truth is t once zoning is assured then plans must be further refined. These two steps are absolutely necessary to attain even a "first glance" by a potential user-t. Then there is a tremendous amount of work in attracting and negotiating with a variety of retail users. This occurs on a progressive phase basis; in this case generally in a west-to-east pattern. Safeway is an the f' st and major user for the subject center. Building activity will, therefore, occur over time in a progressive manner; not as one large Building Pe It for the entire shopping center. Therefore, it can be seen that an actual fact of development by a logical progressive approach would take approximately 5 - 7 years depending on general economic conditions. The Examiner does not anywhere is his recommendation, explain how he arrived at the two-year time period. We know for a fact that at least one center is assumed over the approximate 10 year span of the Comprehensive Plan. Erroiin fact: There is no explanation in the Examiner s recommendation of term "short term need". It is a fact, however, that the need exists for further planned commercial nodes. The market studies mentioned at the hearing conducted by Safeway and the G.M. associates representatives, indicate this fact. In a planning sense, short-term would be considered a 5 - 10 year span; where long-term would be a 10 - 20 year span. Proper planning must 'ponsider both. Sufficient supply of suitable land must be made available to at least fulfill those short-term nccds, and permit a comprehensive planning and marketing strategy for the center. The evelopment span (5 - 7 years) of a commercial shopping center of the magn' ude proposed would, therefore, fall within such "short-term" need criteria. Suitably zoned land cannot be restricted to the point where it strangles the planning and marketing efforts of a total community shopping center development effort. This type of approach should be encouraged and not hamstrung with unre istic conditions. L Page Three Rezoning a portion of the shopping center mid-stream it its development process would be totaTly unreasonable, counter-productive and not in the public interest. Error in fact: The public welfare would actually be better served to permit the.unobstructed zoning and planning for a desireable commercial center which is very important to the public welfare. These aspects compared to the Examiner's two y: stipulation are much greater determinents of the public welfare. Error in law: Although restrictive covenants and reversion clauses have been tilized in the past and to some detree accepted by the courts, they are s ill an awkward unnecessary, approach to zoning. They create many a ' istrative and legal problems for the City and the property owner (i.e. who interprets them?, who monitors and enforces them?, how and when are they enfor ed?, who keeps track of the 2-year period?, what if the center has made substantial development progress?, and many more) . Condition #k1 We feel t the Examiner errored in fact and law in establishing a 20 foot landscape buffer along the north and east property lines for the following reason. 1. The requirement for a 20 foot buffer substantially exceeds the present ordinance requir ' nts of a 5 foot landscape buffer. Development requirements should be key dd to adopted ordinance standards which are the implementing tools of the c prehensive plan. 2. The 20 foot landscape buffer far exceeds other similar requirements within the Ci y for the same type of development and therefore has little established preced, t or law. However, precedent has been established with the Safeway Store development being built under existing zoning code requirements for a 5 foot landscaped buffer along the north property line. The Safeway Store is an integral part of the shopping center design. Future shopping center buildings will most likely abut the Safeway Store on the east. Therefore, a title building line should;be established. A 20 foot landscaped buffer abutt' g a 5 foot buffer will create a mismatch at the line between the expanded center buildings and the Safeway Store. This does not provide for a continuity with e development. 3. An ex tion of existing and proposed land uses north and east of the subject site indicates undeveloped area, commercial or potentially commercial/multiple family deveopment. Therefore, the true fact is that the 20 foot buffer is unnecessary. No substantial existing or proposed single family residential area i adjacent on either side of the site, substantiating the need for such a buff r. A 5 - 10 foot landscaped buffer is normally acceptable for such instan es. i i We hope ' t this information will be helpful to you in understanding our appeal and our co cerns for a logical and reasonable rezone approval. This will assure a more r-.;iistic and uninterrupted community shopping center development. 7GVVo `! 4 ' , - czdf chael L. Smith, President CITY OF RENTON N.?23849 FINANCE DEPARTMENT RENT N, WASHINGTON 9 805 5 1 19 RECEIVED OF p7 6-0 0 TOTAL C5v 0 GWEN E. MARSHA FAN DIRECTOR B 1 July 21 , 1982 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF . RENTON REPORT AND 'ECOMMENDATIONITO THE RENTON CITY. COUNCIL, APPLICANT: Bennett-Multivest, et al ; FILE NO. R-024-82 LOCATION: North side of N.E. 4th Street, approximately 950 feet east of Union Avenue N.E. SUMMARY OF REQ EST: The applicant seeks a rezone of the subject site from G-1 and R-3 to B-1 for development of a' proposed community shopping center. SUMMARY OF Building & Zoning Department: Approval with restrictive' RECOMMENDATION: covenants. Hearing Examiner: Approval with restrictive covenants. 1 BUILDING & ZONING The Building & Zoning Department staff report was received by DEPARTMENT RE'ORT: the Examiner on June 22, 1982. I PUBLIC HEARING : ' After reviewing the Building & Zoning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing w-s opened on June 29, 1982 at 11 : 12 a.m. in the Council Chambers of the Renton Municioal Building. Parties wishing to testify were affirmed by the Examiner. Roger Blayloc , Zoning Administrator, presented the Building & Zoning Department report, and entered t e following exhilbits into the record: Exhibit #1 : Application File containing Building & Zoning D'epar,tment report, letter from Triad Associates , dated June 14, 1982 regarding half-street improvements east of the site, and other pertinent documents Exhibit #2: King County Assessor's Map Exhibit #3: Zoning Map in vicinity of subject site Exhibit #4: Comprehensive Land Use Designations overlaid on Aerial Map Exhibit #5: Conceptual Site Plan Map (not binding on city or applicant) The Examiner requested testimony by the applicant. Responding was : Michael Smith 17422 108th Avenue S.E. Renton, WA 98055 Responding'_ to the Examiner's inquiry regarding ownership of the property, Mr. Smith advised control by B-nnett-Multivest Partnership with the property to the west, not part of the rezone, owned by the Safeway Corporation. Responding to the Examiner's inquiry regarding whether th'e applicant would be willing to stipulate by covenant that the subject site would be developed as a unified whol,le, Mr. Smith was uncertain if he had the authority to respond; however, iit is the intent of the applicant to provide a planned shopping center on the site along t e lines of the conceptual site plan. Mr. Smith Ire iewed his educational and professional background as an urban planner, and indicatedjco currence with the staff report as presented. He noted the possibility of future rezoning of seven additional acres owned by the applicant to the east of the subject site followi g establishment of the Safeway facility to the west which could increase the size of the -hopping center t,o 21 acres in size. Reviewing various documents submitted with the pplication, Mr. Smilth noted that written reports for the environmental checklist and the rezo a request outlined in detail various requirements for the rezone, environmental impacts of t e proposal , and Olso include a traffic report. He described the purpose of the rezone ofIth eight-acre site to provide for expansion of the six-acre business-zoned Safeway site to the west allowing creation of a commercial hub. Uses surrounding, the R-024-82 Page Two subjec site were discussed, and it was noted that existing single family homes on the subjecr site will be removed as phasing occurs. Mr. Smith advised that the only conflicting ' land u:e surrounding the site is a single family residence quite a distance to the north, and re?one of that property in conformance with the comprehensive plan is intended by the owner n the near future. He indicated that a small amount of business zoning exists on other quadrants of the intersection of Union and N.E. 4th, but none approach a sufficient property size to develop a viable commercial node, and, consequently, a hodgepodge of strip develolment has occurred. Additionally, many of the larger business zoned sites in the area have been developed for multifamily use. Review ng conformance of the proposal to the Comprehensive Plan, Mr. Smith referenced genera land use objective No. 1 , which states that land use decisions should be consistent with alailable community facilities , utilities and transportation in the area, and the third •olicy which states that land development should progress logically from west to east i i the Renton plateau. He advised that development of. the site is shown as a major commercial node on the comprehensive plan land use map element and is the next logical step f.Ir growth in the area. Prior ie review of existing and proposed residential developments in the area to illustrate the need for a commercial shopping center, Mr. Smith submitted a petition into the record which ilpd been circulated among the residents of Leisure Estates Mobile Home Park in support of the iroposal , which was entered as follows: Exhibit #6: Petition from Leisure Estates (89 signatures) _ , The following developments were described: Leisure Estates Mobile Home Park on Union south of the .ubject site, 250 existing and 200 proposed units; Ventura Partnership condominiums on the north side of N.E. 4th on the west side of Union, 240 units ; U. S. Homes/Terrace Project on N.E. 3rd Street and Edmonds Avenue N.E. , 280 units ; ERADCO project on N.E. 3rd Street, 400 units; Cascadia (Northward) PUD to the north of the subject site, approximately 700 units; Fernwood Subdivision south of the site, 75 homes with a parcel north of that site wh ch could be developed to a density of 60-80 units ; Vantage Point Condominiums to the west , 96 units ; Clark-Rich Condominiums north of the site, 12 units. These eleven project create a total of 2,850 units in the general vicinity of the subject site. Reviewil, g other policies of the Comprehensive Plan, Mr. Smith advised conformance of the proposal to Policy No. 8 of the Land Use Objective; Policy No. 1 and No. 6 of the Commercial Development Objective; and Policy No. 1 of the Utilities Objective which requires availab^ lity of sanitary sewers as a prerequisite for new land development. The Examiner noted tat testimony by a representative of the Public Works Department would be requested later ii the hearing regarding the capacity of lines in the area. Mr. Smith noted that a commercial development does not create a high demand upon sanitary sewer facilities compare to residential development, and in some instances , septic tank facilities have successlolly served certain Safeway store facilities. Regarding the land use element of the plan, h felt that although an office park designation alone in the area of the subject site would probably not support itself or be economically desirable, a substantial commercial area could be compatible with proposed office use and stimulate that type of develop ent. The market area would extend out in a funnel-shaped pattern from 1-405, widening as it goes east along N.E. 4th Street, and the subject site is of sufficient size and regiired amenities to support that market area. Respond ng to the Examiner's inquiry regarding timing of removal of single family homes on the ite and access to those homes by an easement from N.E. 4th through portions of the sub ect site, Mr. Smith stated that the homes are owned by the applicant and would remain 1n that 'ownership or rented during the phasing process which is proposed from west to east ) He noted that phasing could occur within a year or within three to four years. The accss could remain or be shifted to the east since control of the seven acres adjoining that parcel remains with the applicant. 1. The Exa finer requested testimony by a representative of the Public Works Department to respond Ito the issue of availability of sewer service to serve the subject site. Responding was : I Bob Bergstrom Engineering Supervisor I Mr. Ber.strom stated that the project site lies east of Union Avenue N.E. in the Heather Downs drainage basin which drains south to the Cedar River complex. The existing sanitary sewer o Union flows approximately 200 feet south to N.E. 4th Street, then west into the old Citl of Renton collection sewer system. The 8-10 inch sewer system is presently at. capacit at 7th and Sunset, and property owners do occasionally experience flooding. The subject Isite could be served two ways, either by pump system which flows westerly into the existin. sanitary sewer system and provide small improvements downstream where sewage shifts nto the King County-City of Renton shop interceptor which then flows out to the Cedar R ver Metro trunk, or by gravity sewers flowing south into the Heather Downs community south o" N.E. 4th Street. Both of those options will require capital improvements to I Y R-024-82 Page Three accommodate! service to the site. Responding for the applicant was: Robert Terry 15804 S.E. 24th Bellevue, WA 98008 Mr. Terry, District Manager for Safeway Stores in Bellevue and Renton, reviewed his background an experience in selecting proposed sites for the grocery chain. He indicated that the mark t research development division in Oakland, California had done an extensive survey of the area and had determined that the timing of establishing an additional store was economically feasible at this time. The other two Safeway stores in the city have expansion con traints , and the subject site was determined to be a logical location to serve the gro ing market in the northeast quadrant of the city. The property has been purchased, an funding for construction and the design concept have both been approved for the new s ore scheduled to open in July, 1983. Responding to the Examiner's inquiry regarding the impact on the existing Safeway store in the Renton Highlands , Mr. Terry stated that t e majority of population growth from the east and southeast would justify an additional store,-and the proposal will contain approximately 43,500 square feet and a variety of epartments to accommodate customers who prefer one-stop shopping convenience. He encouraged approval of the requested rezone to allow expansion of the proposed shopping center in the future. Mr. Terry confirmed Mr. Smith's testimony regarding operation of other stores n a septic tank system since the use generates very little sewage, and advised the r-ason the Duvall and N.E. 4th Street site was not, selected for the Safeway facility was •ue to existence of a major intersection which creates traffic and access , problems into the site. The Examiner equested further testimony in support of the application. There was no response. He then invited testimony in opposition. Responding was : George A. Kresovich I Hillis , Phillips , Cairncross , Clark & Martin 403'Columbia Street Seattle, WA 98104 Mr. Kresovich, representing G. M. Associates, indicated that testimony would be provided by consultant. for his client: The Examiner then affirmed all parties wishing to testify. Responding wa Wi l 'l iam E. -Popp 1 William E. Popp Associates 10655 N.E. 4th Street i Seattle Trust Building, Suite 400 Bellevue, WA 98004 Responding; to Mr. Terry's comments regarding the desirability of a shopping center at the intersectilon of Duvall and N.E. 4th Street , Mr. Popp stated that the site had been analyzed for projecte. conditions in 1986 considering substantial growth in traffic from the east and north, a d that intersection has been planned accordingly with left turn channelization and pavement widening. In his opinion, the traffic in that location will operate efficiently. He noted an error in the traffic report prepared for the subject rezone, which mistak:nly identifies Union Avenue as a four-lane arterial and Duvall Avenue as a two- lane roadway when the reverse is true. Also, the report suggests the need for a two-way left turn la e on N.E. 4th Street, and considering the traffic volume, Mr. Popp felt that a two-way le't turn lane is a mandatory improvement. Responding was: Jerry Buck, Director of Planning Triad Associates 11415 N.E. 128th Street Kirkland, WA 98033 Mr. Buck discussed his opinion that Duvall Avenue now and in the future is the only street capable of h ndling full improvements to accommodate traffic for a shopping center, noting that near. N.E. 4th Street) Duvall is a 100-foot wide right-of-way which narrows to 86 feet to the north Union Avenue N.E. is a 60-foot wide right-of-way which, because of existing development, will not be able to be widened in the future. Furthermore, the .seven acres now owned by the applicant to the east of the proposed rezone site is in a configuration where only a portion could serve as an extension of the shopping center, topographic constraints of the property would require substantial filling to allow development, and the site abu s established single family residential uses. Mr. Buck felt that the existing B-1 zoned property lying west of the subject site would be more appropriately developed for office u-es than retail/commercial use given the surrounding residential uses since office use c-n more easily be made appropriate neighbors than a large scale retail shopping center. 1 R-024-82 Page Four Responding was: David Halinen Triad Associates 11415 N.E. 128th Kirkland, WA 98033 Addres•,ing the sanitary sewer capacity, Mr. Halinen ,objected to Mr. Blaylock's assertion that i " I the applicant is served by the sewer main north from Heather Downs Subdivision, the Be . ett-Multivest development would be served first. The Examiner clarified that Mr. Blaylo•I 's testimony will be weighed. Mr. Halinen stated that given_ problems with the exit- ting facility to the west down N.E. 4th Street and that the site under consideration is in -' different sewage drainage basin, he requested that should approval of the rezone be grad ed, the Hearing Examiner require that a sewer system be provided by gravity to the south. ( Support of that proposal is given in the draft EIS for the Northeast Quadrant Compre -nsive Plan. Mr. Smith stated his belief that each proposed rezone should stand on its own merits in accord- ce with rezone procedures. He indicated that the Safeway facility provides an anchor in the proposed shopping center which will draw a large number of other developments in the alarmed center approach, further supporting approval of the rezone. Responding to comment. regarding traffic improvements, he noted that plans for channelization and left turn 1 -' e along N.E. 4th Street would be reviewed with staff to provide a logical development of that facility. Additionally, the intersection has recently been upgraded and is apable of accommodating the proposal , and there is no need or intention of wideninu Union Avenue N.E. in the future. Responding to comments regarding development constraints of the additional seven-acre site to the east, Mr. Smith indicated that the site is not under review at the hearing, and the subject site is of sufficient size to accomm.Qate the proposed shopping center and provide for parking, circulation, landscaping and setacks. Options for provision of sanitary sewer to either the west or south will be reviewe1 with staff as the project proceeds. Mr. Kre1ovich objected to testimony regarding provision of an anchor by development of a Safeway store which he felt was neither relevant nor germaine to the land use issue. He support-d inclusion of the condition regarding gravity sewer to the south if approval of the rezi ne is granted because unless it is imposed, the policy of the Northeast Quadrant ComprehlInsive Plan will not be fulfilled to ensure that sewers should be logically provided to serum planned development. i The ExaEinerentered the record of the previous public hearing, File No. R-019-82, G. M. Associees rezone, into the record as Exhibit #7. He then requested an additional 14-day period in which to publish a recommendation regarding the matter. Since there was no objection, the hearing regarding File No. R-024-82 was closed by the Examiner at 12:35 p.m. FINDING'', CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examine now makes and enters the following: FINDING': 1 . The pplicant, Bennett-Multivest, et al , filed a request for a reclassification of app .ximately 8.5 acres from G-1 (General ; Single Family Residential ; Minimum lot siz 35,000 square feet) and R-3 (Medium Density Multifamily) to B-1 (Business/ Com 1-rcial ) . 2. The application file containing the application, SEPA documentation, the Building and Ironing Department report, and other pertinent documents was entered into the rec. d as Exhibit #1 . I 3. Purs , ant to the. City of Renton 's Environmental Ordinance and the State Environmental Poli 'ly Act of 1971 , RCW 43.21C , as amended, a Declaration of Non-Significance has been issued for the subject proposal by the Environmental Review Committee (ERC) , resp )nsible official . 4. Plan for the proposal have been reviewed by all city departments affected by the impact of this development. 5. The .ubject site is located on the north side of N.E. 4th Street and east of Union Aven e N.E. by approximately 950 feet. 6. The ubject site was annexed into the city by Ordinance No. 2290 in November of 19661 . It was automatically classified G-1 at that time. .The westernmost dogleg was eclassified to R-3 by Ordinance No. 2307 in February of 1967. A portion of the subject site was considered for a reclassification to R-3 in 1977. That request was den i V,d. 1 t ti R-024-82 Page Five 7. The site is generally level although it slopes downward toward the northeast. 8. The Comprehensive Plan's map element indicates that the subject site is suitable for the ,de)elopment of commercial uses. The commerical. policies and objectives of the Northe st Comprehensive Plan indicate that only one community shopping center should be stablished in the general area. The areas generally designated are the northwest, northeast and southeast corners of the intersection of N.E. 4th Street and Union venue. N.E. and the northeast corner of the intersection of N.E. 4th Street and Duvall Avenue N.E. The subject site is east of the northeast corner of 4th and Union. Th policy indicates that after implementation of a shopping center at one of these 1 cations , the other location should be reanalyzed for appropriate uses. The Commer ial Development Policy No. 6 reads as follows: The,Land Uz e Mtn neeogwizez that one community-4 caYe retail 4hopp-,ng eenten 20+ ae .e4) L6 jurti4 ed by the anticipated manfzet lion the area c iong N.E. 4th witan he cityty £ mLto dwvu,ng the lie ob the plan. Sui4icient area .us dm,ignated at N.E. 4th Stneet and Union Avenue N.E. to pnov.ide lion community shopping 4aciZitLez at the nonthwe,t, nonthea t, and .southeast eonneu and avaLea.b e at the nonthea6t cornet. oU N.E. 4th and Duvall. Only one 04 these eonnefc4 . hou1d be developed ass a netaie ihopp.ing eentete. Upon imp!ementati.on o6 one hopping eomp.2ex, the Compnehen4-Lve P.ean should be evacuated ,6on appna pAiate u6 e o 4 the nema in.Lng conneni. " 9. The applicant proposes developing a community shopping center in conjunction with adjacent p operty to the west already appropriately zoned B-1 . The property to the west i owned by Safeway stores which plans to develop a supermarket on the site. A gasoline station is located on the immediate northeast corner of N.E. 4th and Union Aven e N.E. 10. Four singl - family homes are located on the subject site. These homes would be removed as the development proceeds from west to east. An easement roadway crosses the subject site to provide access to homes on landlocked property to the north of the site. Owners of these latter parcels have suggested a roadway be constructed on the east perimeter of the subject site to these properties. - 11 . There are a variety of uses in the vicinity of the subject site. Aside from the gasoline service station to the southwest of the site, another service station is located w=st of the intersection. A convenience store and bank are located south of the si e. A twelve-unit condominium is located immediately west of the subject site' s westerly dogleg. Vacant pr perty is located east of the subject site and was suggested for possible easterly xpansion of the proposed shopping center. Single family homes are located east of t at parcel and also north of the site along Union Avenue N.E. 12. The applicant has not indicated the specific uses which would be incorporated into the cente , but with the Safeway store, the uses -would include at least a supermarket, and probably convenience hardware and drugstores. The .traffic generation/attraction of the site depends on the specific uses , but it is estimated at approximately 8,400 trips per day. The current vehicle trips per day on roadways in the area are approximately 19,000. 13. Sewer service is available at Union Avenue N.E. and could be extended to the subject site but the line has downstream capacity problems . Capacity is available in the Heather Downs trunk to the south and an extension would also be required to tie into that line. The Union Avenue hookup would require a pump station while the Heather Downs hookup would be gravity fed. 14. There is vailable capacity in the water mains inIthe vicinity of the subject site. 15. The inter ection of Union Avenue N.E-. and N.E. 4th Street is controlled by a traffic signal '. oth streets are city arterials and Union Avenue N.E. has a 60-foot right-of- way. 16. ,The applicant proposes developing approximately 139, 117 square feet of leasable area o- on the su.ject site and adjacent westerly site. 17. A proposal to develop a community shopping center for the northeast corner of N.E. 4th and Duvall Avenue N.E. (File No. R-019-82, G. M. Associates) has also been submitted to the city and both public hearings were held the same day. While each location must be able to meet the criteria enumerated in Section 4-3014, because Policy 6 of the Northeast. Renton Comprehensive Plan indicates only one shopping center I r J R-024-82 Page Six alng the N.E. 4th corridor, the two proposals were presented as clearly in co petition for approval . 18. Th- city utilized a market analysis prepared for the G. M. Associates rezone request t•Iconclude that a community shopping center was appropriate for the area, although thi- specific site was not reviewed (See Finding No. 15 of File No. R-019-82) . 19. Ot' er zoning in the area consists of a relatively large B-1 district straddling the 4t , and Union intersection and running west as far as Monroe Avenue N.E. R-3 zoning is located northwest of the site and-T (Mobile Home Park) zoning is south on the wet side of Union. CONCLUwIONS: 1 . Th- proponent of a rezone must demonstrate that the request is in the public interest an!i will not impair the public health , safety and weTfare. In addition, the rezone mu-t comply with at least one of the three criteria listed in Section 4-3014 which provides in part that: a. The subject site has not been considered in a previous area rezone or land use analysis; or b. The subject site is potentially designated for the new classification per the Comprehensive Plan; or c. There has been material and substantial change in the circumstances in the area in which the subject site is located since the last rezoning of the property or area. As indicated below, the applicant has demonstrated that the subject site has the ch .racteristics. necessary for the development of a community shopping center, but thrre is 'still the proviso of the Comprehensive Plan which indicates that only one coimunity shopping center should be located within the N.E. 4th Street corridor in the vicinity of Union Avenue N.E. and Duvall Avenue N.E. Since two proposals for th is type of development in that corridor were presented for review simultaneously, it ould be appropriate to impose certain conditions so that effective implementation wi Il occur and the general welfare enhanced. 2. Th: subject site, while not located immediately at the intersection of two major ar .erials , •fronts on N.E. 4th Street and abuts a parcel to the west which fronts on Unili.n Avenue N.E. The subject site will be developed in 'conjunction with that pal el . Joint development of the two sites will permit access to theproposedshl•ping center from either N.E. 4th or Union N.E. The subject site is therefore in a highly desirable location for a community shopping center (Policy 5.D. 1 ) . 3. While the area is currently surrounded by scattered single family uses , these uses , essecially to the north are in transition. While multifamily development is located im diately west of the subject site and north of the allied parcel on which Safeway pl - s to develop a supermarket, it provides a buffer (Northeast Comprehensive Plan, Co unity Policy 5) and will be able to easily utilize the shopping center. The pr•I osed use is compatible with the Comprehensive Plan map designation for the site an. with the desi giations for the surrounding area which is for office park development an. multifamily housing. In rder to protect neighboring uses and comply with the landscape objectives of the Co rehensive Plan, a twenty foot landscape buffer should be established along the no th and east property line. Such a condition should be reviewed if the center in•'•rporates additional property east of the subject site in which case the buffer co 1d be moved eastward. 4. Th. intersection near which the site is located has recently been signalized and th= intersection can accommodate the traffic which will be generated by the subject sit- . 5. While the ability of the sewer located at Union to handle additional waste is in douut without downstream improvements , gravity disposal to the Heather Downs system is ossible with a developer extension. 6. Sin e the subject site is well located at the intersection of two arterials , is gen rally well buffered or may be buffered from surrounding lesser intensive uses, is robably large enough when developed in association with the Safeway proposal imrr diately west, and could provide development compatible with the Comprehensive Pla , the City Council should approve the reclassification of the subject site to B-1 subject to the condition indicated below. R-024-82 Page Seven 7. There was no analysis of the impact of a north/south roadway on the property' s eastern boundary and it would be premature at the rezone stage to require such a dedication, especially since an easement for such a purpose already exists. 8. The followw1ing conclusions have been incorporated into the Examiner's Report for File No. 1i-019-82 and this application, R-024-82 because the language of Policy No. 6 of the No-theast Comprehensive Plan. 9. Considering the two proposals separately without reference to the Comprehensive Plan's "oche shopping center" proviso indicates that there is nothing to militate for one propo al and against the other. Both sites are capable of sustaining the traffic, both coul reasonably serve the same growing service area, both would concentrate community services in one location, both will need to either improve the existing capacity f the Union Avenue sewer or extend a line to the Heather Downs trunk, both intend to or can be buffered from adjoining uses , and both are compatible with many of the goals and policies of the various elements of the Comprehensive Plan. But taken together, they could conceivably encroach on each other's service area (Policy 5.D.3) , especially during their initial period of operation awaiting the growth of the service area; they are fairly close together, approximately a mile apart; and the "second" center would usurp land which the Comprehensive Plan indicates would serve other useful purposes such as office park. Therefore, while the condition below will not necessarily assure one viable shopping center, it attempts to require adherence to a reasonable implementation schedule. 10. The Comprehensive Plan indicates that upon implementation of one shopping center, the other three designated potential sites be reevaluated for other possible uses , possibly even another shopping center if the need is apparent. The key word is "implementation." The Comprehensive Plan does not provide a method of determining which one of two or more locations would be more appropriate given :that the locations and properties appear to be equally suited for community shopping center development or at least business/commercial uses. The problem is compound.d because two similar proposals were submitted for evaluation at the same time. ; Nzither development could be "implemented" without first approving a reclassi 'ication to B-1 which is an underlying requirement for commercial development on eithe site. • Therefore, 'the Comprehensive Plan provides only limited guidance, but at 1 -ast establishment of a shopping center within a reasonable period of, time should bz required. That, is , either a community shopping center is developed on one or b.th of the respective sites within two yea'rs •or the zoning on one or both sites ,sh.uld revert to its former status . If implementation at either site did not occur .wilhin the time limit, the city could reanalyze what use would be in the best interest of the public for the site or sites . This stipulation, in the nature of a contra t reclassification of the properties has been recognized by the Washington courts a a valid use of the zoning powers. (State ex rel . Myhre v Spokane, 70Wn2d207 (1967) In order to also eliminate some of the potential ambiguities in determining whether implemen ation has occurred , the applicant will have to have been issued within the two year period a valid building permit. If the building permit granted in the two year per od expires without being utilized as provided in the Renton Building Code, then the zoning shall revert to its earlier classification. 11 . Rather t an encourage speculative and potentially premature reclassification of either site whi e foreclosing the development potential of its competitor, the City Council should approve the requested reclassification subject to the filing of restri'1ctive covenant embodying the time frame of implementation. Policy 5.A. 1 requires that commerci - 1 zoning only be allowed to the extent of short term needs to avoid ' speculat ve. rezones which do not benefit the public. Reasonably timely implementation underith condition would help effectuate this policy. RECOMMENDATI N: The City Council should approve the requested reclassification to B-1 subject to: 1 . Provisio, of a 20-foot landscape buffer on the north and east property lines. 2. Execution of restrictive covenants implementing the condition enumerated in Conclusibn -No. 10. ORDERED THIS 21st day of July, 1982. i Fred J. Kauf Land Use Hearing Examiner R-024-82 Page Eight T''NSMITTED THIS 21st day of July, 1982 by Affidavit of Mailing to the parties of record: Michael Smith, 17422 108th Avenue S.E. , Renton, WA 98055 Robert Terry, 15804 S.E. 24th, Bellevue, WA 98008 George A. Kresovich,' Hillis , Phillips , Cairncross, Clark & Martin, 403 Columbia Street, Seattle, WA 9810k William E. Popp, 10655 N.E. 4th Street, Seattle Trust Bldg. , Suite 400, Bellevue, WA 93004 Jerry Buck, Triad Associates , 11415 N.E. 128th Street, Kirkland, WA 98033 David Halinen, Triad Assocites , 11415 N.E. 128th Street, Kirkland, WA 98033 Henry Balko, P.O. Box 68562, Seattle, WA 98168 Mary and Ed Porter, 29422 18th Avenue S. , Federal Way, WA 98003 TRANSMITTED THIS 21st day of July, 1982 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Richard Houghton , Public Works Director David Clemens , Policy Development Director Members , Renton Planning Commission Ron Nelson , Building & Zoning Director Roger Blaylock, Zoning Administrator Bob Bergstrom, Engineering Supervisor Lawrence J. Warren, City Attorney Renton Record-Chronicle Pursua It to Title IV, Section 3015 of the City's Code, request for reconsideration must be fi -d in writing on or before August 4, 1982. Any aggrieved Person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgmet, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen 14) d. s from the date of the Examiner's decision. This requestt shall set forth the specifi errors relied upon by such appellant, and the Examiner may, after review of the record take further action as. he deems proper. An app_': 1 to the City Council is governed' by Title IV, Section 3016, which requires that such a• l'• eal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other - •ecified requirements. Copies of this ordinance are available for inspection or purcha-- in the Finance Department, first floor of City Hall . 1' 4.1 9..I•,... j. t 8 I 1 i 01;1 s t 111114 AO • ve• l' Or giala • too L ,...,,,,, . 1ii • %. -. : . • E! . 1,1! c .,..,),-. N. A al l li fi e R-1 f 4 t2 *-_1o... r N If. tr. I10.!, c, 11,,,...t. O a Irv• r' f E=i= — I G+ f . 1 11 L I . t-R--7 J —. . I i , E}._ 1.I ' T Li. r yiss3..1 41 i - 113....1 — I 7 00 4.1, -—-- ti r 1 I 1 1 2ml-41:LH EXHIBIT. NO. 3 th F G Jj ' 1 1 RECA Da EM NO. 1Q-oz 4-8z. T nerN,NG tI AM,NEN7Rt=Nw OD CITY OF FENT j i 1 I iL ] JUN 2 1982 f IC MET RY 1 —_,_ —O-1 c. t8t9,Md1,R,1,2,3r,5,6 P 11 I-- a W I rj111111 IP i ROM 3 G 1 if 10 I . W tom= 1 t • I 4 d OF RA, A. A C) 4$ lb- 0 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 n I o BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 0' 9. 0 co. FRED J. KAUFMAN. 235-25930, 9greo SEPISI° 4 July 2, , 1982 Members, Renton City Council Renton, Washington RE: File No. R-019-82, G. M. Associates ; and File No. R-024-82, Bennett-Multivest, et al . Dear C uncil Members: This 1 tter is offered to clarify the decisions in the above entitled matters as there seems to be some confusion as to the implications of those decisions. Simply put, if both applicants comply with the time limitations , both properties could be developed with shopping centers. The decisions did not c eate a first come, first serve situation, although market conditions _ may dissuade the creation of a second center. The r asoni.ng behind the dual provision was that it did not appear appro riate to make the zoning of one of the parcels dependent upon the a tions of the other applicant. Rather, the decision makes it incum ent upon each applicant to diligently pursue implementation upon his o n property. The o her issue which was presented was that under the current zoning code, neither site could be developed as an office park without first also eing reclassified to B-1 . That is, the B-1 zoning would be required to permit either a shopping center or an office park. With those criteria in mind, the recommendation was made to grant both reclassification requests. Sincerely, 0.0~VO,.. .....,==Fred J . K fman Heariiig Examiner cc:: arties of Record AFFIDAVIT OF SERVICE BY MAILING State of Washington) Codnty of King M. rilyn J . Petersen being first duly sworn, upon oath disposes and states: That on the 21st day of July 19 82 , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. 5k- Subscribed and sworn this day of J,.j 19 c2..., IM)4 LiY\ • \aai, . • -•. ... Notary Public in and for the State of Washington, residing at 2.R4p Applic Lion, Petition or Case: Bennett-Multivest, et al ; R-024-82 The. nitinute.6 contain CC e 4,t oQ the. pan tLL5 oi) J(.P.coJt,d. I 1 I 7 RECENED:---A HEARiNa 'XAMt k o d ' ' JUL 6 19a2 pF . 1 r 1 . .— _J ,4 lf..5--- 18,9l r1u a:2k A4 o64 I I c - ea_ k? 44- LI I 1' 1 / I I Or I D l" I / _ , / I. D Cl. I 1 f11 I I L1.1(_g, (•) (-/ 3.zi.,..- ._ j__Wa-z-ti. Ix . ' y• a_. '',4 c1- 4:1 ri/n..eLle., , 1 i 1 N. `• . e e 1 1 . Nk, I 1 \• ,,,; II N i . I\: 1 I . i . N) ' t,i NI ' ' I ‘ Li • , 1I ,,' 1 . , s 1. I I NN\ ' i , iflr :: 3 Illi / I II. L. 1 e. 1N. I 1 1 If1/41 . \ 1 . bn II,- r • i* i ,... J i • 11 1 . A II--. 74-7....•- 12-e.).A.1 I, p v 7 ,. i A 0 , ,, - ! '-: !•,) ......••••••... m... I-;L_ul i'-• ,..2. t„.;-._ 1 :.. — I 16z° • aY'/ ‘ g: 7 0',;`>,..„„ ijA-, _ SA 111,,,•....,,,,,--- A - --- C)1" 7 7 77( fe ,5- 6 RECEIVED EXHIBIT PT®. 6 CITY H AROF E ENTON TE O. .l- 0 `i- 0- TNGJUN291982 PETITION AM 7,8,9,10i11-,12ii,2 3141516 To: Renton Planning Commission and City Council We, the undersigned, support the amendment of the NE Renton Comprehensive Plan to include commerical land use along the north side of NE 4th Street between Union Avenue NE and Duvall Avenue NE. Such a conveniently located commercial area of substantial size to accommodate a variety of stores and services is greatly ' needed for existing and future residents of this area. 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Gee j 57 f G b I NAME A D D R E S S I CL(3--P-4 ,4,4„ ,,,,, ac a j --7-4,,,:„,, C24-e_...7 6r 3042.. i .7 4 r° 2 0/ • U ,/ Aire.-S 1 // / r 4., 0 . 4, 10/ 7 t,'..-o-e.-r._.o-a1/4.- e--b-e. ty r.-. a 7 i t 40/ r r.0 s d Se 77 9. ,,,i. ,,. ..: „ z„., a.„. eke y7 11 All fit 01:0 le,..., 2di PA', 4%2 7 raiva dZ.-;)-(4 r Baia ff./-C R /y' c•/ ems 024z- I. 07, /47O VV.2o if 2 L.- S•e'. 7/2 0/ U. Sz. _- 2_3 r moo/ s 3. a 4 ai 7 4- I) I , 2 27FCL 1 41- Yo/ Qe5' . - /d 3— Cli.L4zt,,e,c,J ril---ez-e7a-c- --, c,2 0 ( 'A c , -/ b 5-7 20 ,1 I . 1 m / 7 2(2 6 I i, r /I 2 3"0 it te- v/A:.,?1 DA/ IFO 4 de_lc c( i( /( d s9 1 O J 5,VV / I aP44.Arf-aevi .- ,-. . 5 --./ We'') fl off`'Pfg 1114 c -s ,6' #' 9g L / u. 01 kim,t,14... co74. .3. a . # 9 g r. r5./3 1 297 sf i' g ' T 20 v (/ 42. •44. 1/ az 0/ 1 , D2,26. cao( i L3<g, V l t(C&A'‘'' ' r` w N E l ADDRESS C>2 ./ P-i'Le-e1X. E 2 0 / 5.C: #.Z., 1 0........ . , 1 4I.YJ• i0 /-Z- f/e49(riki•--- . st -,144 7' I l - • 2 c (K 0-. t. . _ 4-- Y, X',f,. .' 1, 1 1 14 7 s"- 4 1IM .L __._ t 4/ t/ i/ C '',. '''- ':' 1,-) (--"`- / k 1 l i it zfp') r A____414)4)2',4.0 I 61/ le 11 I- : 1 1 . ia_fe_ 46......„zZai 2-)7,7-i!:Certo-yr ...or 7. ilig."" 1 1 • 11 :';; 7-64/7/ c 1 ( t l L \ # i ,1 q,. s i 4/' i c r l c ( el l3.2 4..),,e0, .,,,T. 0 / / 14) E-- 0,40-h 6 ! ' C . a y AMMI T i y. ,CIATES ENGINEER NG SURVEYING PLANNING RECEIVED CITY OF RENTON HEARING EXAMINER JUN1 '8198 June i14 1982 AM PM 718/9110,1111211021314v5v6 1 Hearing Examiner City 1of Renton 200 Mill Avenue South Renton, WA 98055 1 1 Subjec : Proposed Bennett-Multivest Rezone R-024-82) Dear S ' r: As rep esentatives of our client, Mr. Don Maletta, 1509 N. 24th Street, Renton, ' WA 98056, we wish to request that if the Be nett-Multivest rezone (R-024-82) is approved, such approv-1 be subject to the following pre-effective condition: 1 l. That the proponents of the Bennett-Multivest rezone be I required to provide half-street improvements along the eastern boundary of the rezone property. Our Cl ent, Mr. Don Maletta, owns property (Tax Lot 148) lo- cated northeast of the rezone property, in the interior of the bl ck generally bounded by Union Avenue N.E. , N.E . 4th Street Duvall Avenue N.E. and N.E. 6th Street (if ext. ) . At pIlre ent, there is no access to this interior lot. Access to this lot and other interior lots along the eastern bourda y of the Bennett property would be consistent with logical planning practice. It would provide access at mid- block etween Union Avenue N.E. and Duvall Avenue N.E. and would efine an effective edge to the proposed shopping center to be ocated on the rezone property and to potential office or mul i-family residential development to the east as well . City o Renton Building and Zoning Department staff has re- cently discussed the importance of providing mid-block access and' thru-connections to interior lots of this large block refer to Staff Report to the Hearing Examiner, Application No. ,IPP-031-82) . Access at this requested location could conne.t to a similar mid-block connection from the west off of Union Avenue N.E. at some point north of the rezone pro- perty. Half-streetlimprovements provided as a condition of 1 11415 N.E.148th Street•Kirkland, Washington 98033•(206) 821-8448 i i I Page Tw+ June 14, 1982 Hearing Examiner City lof Renton I rezone approval would insure adequate access to our clients ' interior lot and other such parcels and would allow efficient circula ion in the immediate vicinity. i I In the interest of our client, we request that you carefully consider our arguments prior to the scheduled June 29th hear- ing on the proposed rezone, and condition approval of the Bennet -Multivest Rezone to the provision of half-street im- provem nts along theleastern boundary. We believe that the interests of the City and all property owners in the immediate area w' ll be best served by the imposition of this condition should this rezone by approved. Sincer ly, TRIAD ASSOCIATES Michae J. Blumen MJB/na cc: Rlger Blaylock, Zoning Administrator R chard Houghton, Director of Public Works J_m Matthew, Fire Marshal i I I i I I I I l I I I i:,UILIIDIlG AND ZONINGG DEPARTMENT PRELIMINARY REPORT TO THE mEARING EXAMINER PUBLIC HEARING JUNE 29 , 1982 APPLICANT: BENNETT-MULTIVEST, ET AL. FILE NUMBER: R-024-82 A. SUMMARY PURPOSE OF ,•*UEST: The applicant seeks to rezone the subject site from G-1 & R-3 to B-1 for a proposed community. shopping center. B. GENERAL INFO r,,.\TIOO: 1 . Owner of Record: Richard Grant, Del Bennett, James da Silva, Henry Balko, James I R. Beattie, Layne P. Bryant. 2. Applicant: Bennett-Multivest, et al. 3. Location: Vicinity Map Attached) North side of N.E. 4th Street approximately 950 feet east of Union Avenue N. E. Legal Description: A detailed legal description is available on file in the Renton Building & Zoning Department. Size of Property: 8. 5 acres . 6. Access :Via N.E. 4th Street. 7. Existing Zoning: G-1 , General Classification District; R-3 , Residence Multiple Family Existing Zoning in the Area: G-1 ; R-3 ; B-1 , Business Use. Comprehensive Land Use Plan: Commercial 0. Notification: The applicant was notified in writing of the hearing date. Notice was properly published in the Daily ' Record Chronicle on June 18 , 1982, and posted in three places on or near the site as required by City Ordinance on June 18 , 1982 . PRDtIMINARY REPORT T( IE HEARING EXAMINER BE I ETT-MULTIVEST, ET AL. JU 29, 1982 PAe. TWO C. HIS O1IE/ rmi ;,GrOUND: The subject site was annexed into the City by Ordinance No. 2290 of November 23, 1966 at which time the G-1 zoning was established. The R-3 portion was rezoned from G-1 by Ordinance No. 2302 of February 22 , 1967 . D. Pro!SICAL zAC G A;. : 1 . Topography: The subject site is relatively level with a slight downward slope to the northeast. 2. Soils: Alderwood Gravelly Sandy Loam (AgC) . Permeability is moderately rapid in the surface layer and subsoil and very slow in the substratum. Runoff is slow and the erosion hazard is slight. This soil is used for timber, pasture, berries, row crops and for urban development. 3. Vegetation: The site has been cleared and regenerated with deciduous trees of alder, maple and cottonwood with some scattered evergreens remaining. Some shrubs are apparent near the existing residence and additional ground cover consisting of scrub brush and grasses. 4. Wildlife: The existing vegetation provides some habitat for birds and small mammals. 5. Water: Nb surface water was observed on the subject site (June 18, 1982) although seasonal drainage ditches are to the west of the property and near N.E. 4th Steet on the south side of the site. 6. Land Use: The subject site has four existing single family dwellings on the property. To the northeast, the land is generally undeveloped with a floor coveringand carpet business and real estateofficep situated east. A convenience store and bank are on the south with service stations to the southwest and west. A small unit condominium complex is adjacent on the northwest. E. NEI,eim,s m:,OO® CHARACTERISTICS: The surrounding properties are a combination of low density single and multiple family structures and light office and service commercial. F. SERVICES: 1 . Water and Sewer: An eight-inch water main extends east-west on N. E. 4th Street adjacent to the subject site while the nearest sewer is an eight-inch sanitary pipe running north-south on Union Avenue N.E. approximately 400 feet to the west. 2. Fire Protection: Provided by the City of Renton as per ordinance requirements. 3. Transit: METRO Transit Route #107 operates along Union Avenue N.E. within 400 feet to the west. 4. Schools : Not applicable. PRELIMINARY REPO], PO THE HEARING EXAMINER , BENNETT-MULTIVES'1' ET AL. JUNE '29 1982 PAGE 1TH EE 15. Recreation: Not applicable. G. 'AP LIC I:1f„R SECTIONS OF THE ZONING CODE: 1 . Section 4-71 ,B-1 ; Business District. 2. Section 4-729, G-1 ; General Classificatin District. H. INETLIDP4LE SECTIONS OF I m co :COMPIxTANSIVE PLAN OR OTHER ppgicIAL CITY DOCUMENT: 1 . Policies Element, Comprehensive Plan (1981 ) , Commercial, 5.A-4, 5.B-4 , 5.B-5 and 5.D I. v ArC'T ON THE NATURALTURAL, OR :; Ii'i; IN ENVIRONMENT: 1 . Natural Systems : Development of the subject site will remove the vegetation, disturb the soils, increase storm water runoff and have an affect on traffic and noise levels in the vicinity. Through propert; development controls and procedures , however, 1 many of these impacts can be mitigated. 2. Population/Employment: The proposal will not directly affect population levels in the area, although it may stimulate a certain amount of growth and will provide come increased opportunities for employment. 3. Schools : Not applicable. 4. Social: Construction of a shopping center could provide increased opportunities for social interaction among the area residents. 5. Traffic : The proposed shopping center would increase traffic in the vicinity by approximately 8 ,400 average daily trips. This would represent approximately a 44% increase in traffic over the present level • of 18, 988' average daily trips . I J. E1 Vi, I.u.NmV N' 'AL ASSESSMENT/ IISI.OLD DETERMINATION: 1 . Pursuant to the City of Renton' s Environmental Ordinance and the State Environmental Policy Act of 1971, as amended, RCW 43-21C, a final declaration of non-significance Was issued for the subject proposal by the ERC on April 122 , 1982. K. A LIES/DEPARTMENTS CONTACTED: 11. City of Renton Building & Zoning Department. 2Z. City of Renton Design Engineering Division. 3,. City of Renton Traffic Engineering Division. 4j. City of Renton Utilities Engineering Division. 51. City of Renton Fire Prevention Bureau. 61. City of Renton Parks & Recreation Department. 7. City of Renton Policy Development Department. L. DE' RTiET ANALYSIS: ' 1 '. The applicant seeks a rezone from G-1 , General Use, and R-3 Multiple Family Residential, to B-1 , Business Use, of 8. 5 acres for the development of a community shopping center. The 8. 5 acre rezone would be developed in conjunction with a +5. 7 acre parcel which is currently zoned B-1 . The shopping center is proposed in two phases which will ultimately total 1 39 , 11 7 square feet of leasable commercial area. iRELIMINARY REPORT Tn THE HEARING EXAMINER ENNETT-MULTIVEST,AL UNE 29, 1982 AGE FOUR 2. The property was annexed into the City in 1966 , at which time the G-1 zoning was established. An R-3 Multiple Family Residential Classification was applied in 1967 to approximately 1 . 4 acres of the subject site. That property has remained undeveloped since that time. An adjacent parcel rezoned to R-3 at the same time was just constructed upon during the last year. Most of the nearby B-1 Business Use zoning was implemented in the late 1960 ' s .and early 1970 ' s. Development of those areas occured primarily during the last ten years with the City processing several major building permits to remodel and update those original commercial facilities built in the 1970 ' s within the last two years. The property immediately adjacent to the site was originally zoned in 1967, with a subsequent addition in 1968 . Only a single service station has been constructed on that original 6+ acre rezone. This would suggest that the rezoning in the 60 ' s was premature. During the last several years, major utility improve- ments including sanitary sewer and storm water sewers have been brought to adjacent parcels with enough capacity to handle a community shopping center at this location. Major intersection improve- ments have been completed at N.E. 4th Street and Union Avenue N.E. These private and public improve- ments would suggest that the site complies with rezone criteria under Section 4-3014 (C) (1 ) (c) of the Land Use Hearing Examiner Ordinance. 3. Since the rezone approval from G, General Use Classifi- cation, to R-3, Residential Multiple Family, in 1967 , the property has not been specifically considered by a rezone request. The Comprehensive Plan amendment in 1981 , specifically enlarged the commercial designation on the northeast corner of Union Avenue N.E. and N.E. 4th Street. Therefore, this appears to be comply with the first rezone justification criteria Section 3014 (C) (1 ) (a) ] . 4. The third criteria requires compliance with the Comprehensive Land Use Plan and the Goals and Policies of the Northeast Quadrant. The proposal specifically complies with the Commercial designation on the Land Use Map and generally complies with the Goals and Policies. The implementing policies of the Northeast Compre- hensive Plan are specifically broken down into 1 ) land use, (2) commercial development, (3) community facilities, (4) transportation, (5) arterial street improvements, and (6) utilities. A. LAND USE: Out of the five applicable policies of the Land Use Objective, the proposed rezone specifi- cally complies with policies No. 1 and No. 3. The subject site has available transportation, community facilities and utilities. All of these services are at present level to provide immediate service to the subject site. Develop- ment of the site would correspond with the policy of logically developing land in a west to east progression on the East Renton Plateau. Policies No. 2 , No. 7 and No. 8 are design review policies with specific consideration at the time of building permit review. In general, in the schematic development plans provided at this time, the proposal does not PRELIMINARY REPO-- TO THE HEARING EXAMINER BENNETT-f'1ULTIVES ET AL JUNE 29, 1982 PAGE FIVE call for mixing residential with business uses . The proposal appears to be strictly commercial development. Evaluation of adjoining land uses upon approval of any community shopping center would have to be done to consider appropri-. ateness, however, the Land Use Hearing Examiner has in several cases considered specialized setbacks to buffer existing or potential use in a rezone request for a business classi- fication (Beal Resone) . B. COMMERCIAL DEVELOPMENT: Only six of the eight policies are applicable to this specific case. The proposal as presented would appear to meet the intent of five of those criteria. Emphasis should be placed upon the ultimate design of any community center rto minimize access points and traffic congestion both onsite and offsite. The sixth criteria still remain the primary issue in the review of any B-1 , Business Use, rezone request in this area. The market analysis provided by G. M. Associates clearly shows the viability of markets in this trade area. In fact, it suggests that one center may not be enough. Policy No. 6 clearly states that there is the potential for development on five locations in the general area along the N.E. 4th Street corridor. Evaluation for rezone request must be based solely upon the merits of that specific location and its ability to meet the rezone justification upon its own merits. 5. The issue of timeliness remains the overriding factor when evaluating a rezone request.. timely is defined by the Oxford American Dictionary, 1980 Edition, as an adjective meaning "occuring at just the right time. " Therefore, to make something timely all of the evaluation criteria should neatly fall into place. In this specific case, the records supports the rezone to B-1 , Business Use. The most logical argument for the rezone is the natural extension of the established B-1 Business Use zone lying west of the subject site. The fact that the +5. 5 acres has not been developed in the last 14 years suggests one of two things. First, that the rezone was untimely to begin with, or, secondly, that the area involved was insufficient to allow the development of a viable commercial center. Based upon the characteristics of shopping centers, page 427 of the Urban Planning and Design Criteria by Joseph D. Chirara and Lee Koppelman, it would appear that the original 5 . 5 acre site was insufficient to be considered as a community center. Most community centers are at least ten acres and will vary upto thirty acres in size. In fact, the proposed development of approximately 14 acres may; be insufficient to meet the real goal of a community center. It is probable that the adjacent seven acres controlled by the applicant should be developed into the community shopping center at some time in the future. Evaluation of whether another center should be allowed or whether one 'subregional center would be appropriate is a determination which must be made by the Planning Commission and City Council in the re-evaluation of the general area for commercial centers under policy No. 6 . P'i 'LIMINARY REPORT TO ---E HEARING EXAMINER B NETT-MULTIVEST, ET J j 29, 1982 PA E SIX 6. The development of a community shopping center is predicated upon certain market design standards and specific site plan approval is not generally necessary. However, the intent of the Goals and Policies suggests two major areas of concern in the development of any community shopping center. The first is access and the second is integrity and buffering of adjacent land uses . Both are easily designed into a shopping center, but to assure compliance they should be specifically be limited in restrictive covenants on the rezone. The center itself to limit traffic impacts should be designed with as few access points as possible. In the proposed design two major access would be provided onto N.E. 4th.. Street and one major access onto Union Avenue N.E. The design of these accesses should specifically allow the queuing of vehicles entering and exiting the site without disrupting the function of either the streets or the parking lot. This would result in specific left turn pockets created on the arterials and separate access lanes onsite. The second concern of integrity and buffering of adjacent land uses can be accompplished by providing definite landscape buffers along all property boundaries. It is suggested that a twenty foot landscaped area should be provided along all ,property boundaries to establish a landscape theme and focal point for the center. Specific landscaping around another neighborhood center has been accomplished in the past in the development of Sunset Square by restrictive covenants upon the rezone. (See Beal rezone, File R-002-80. ) M. DEPARTMEMT RECO iPIAi\i;)ATIO I: Based upon the above analysis, it is recommended that the Hearing Examiner recommend to the City Council approval of the rezone request from G-1 , General Use and R-3 , Residential Multiple Family to B-1 , Business Use, file R-024-82, with the following conditions : 1 . Filing of restrictive covenants to provide for a twenty foot landscape buffer along the north, east and south property lines. 2. Site plan approval by staff to include separation of major access lanes from parking areas in the site plan. L. ti-- 1 1 I 4.) i 0.56 Ac. 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' • • 1 Revision 3/1981 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) Location!: Located on the north side of NE 4th Street between Union Avenue and a point 945 feet east of Union Avenue NE, Applicant: Bennett - Multivest, et al I1:Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 IjTraffic Eng. Division SCHEDULED HEARING DATE: Utilities Eng. Division Fire Department Darks Department Building.Department Police Department Others: Policy, Development COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDEDINWRITING. ! P EASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00' P.M. ON REVIEWING; DEPARTMENT/DIVISION:77 fJ L 1z-) Cf ar',12_, i I: 32 i Appr ved Approved with Conditions Not Approved x, ii. 1-9 (, , r• // /2e'ci;'.S,S c /`c> i-f i/.'el/ -,,,, L)l F`^'f',f. i , /!'' ` o. / / o Ve/4,/, ) ue‘ /G!//c/ iCf.•rr1 z^ .rR f r^ ac Qa/c r?crY 14:-c'e: ,s:c. - rA - .,L, I.- 1 '. 1 \o/ J/ cf (- I /`, 14i.',3 7-1 e A i c__c,s/. -4,-2,- CL-12-71-- ' ' ' 60N4 DATE: y`, Signature Of Director or Authorized Representative REVIEWING DEPARTMENT/DIVISION: v l Approved ErApproved with Condition Not Approved DATE: V/z 7/FSignatureof; DiN ctor or Authorized Representat' e I 1 Revision 3/1981 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) Location: Located on the north side of NE 4th Street between Union Avenue and a point 945 feet east of Union Avenue NE. Applicant: Bennett - Multivest, et al JQ ;Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division SCHEDULED HEARING DATE: Utilities Eng. Division Fire Department Parks Department m1 Building Department Police Department Others: Policy Development COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN. WRIT_NG. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 P .M. ON REVI.LWING DEPARTMENT/DIVISION: t C 0 Approved ® Approved with Conditions ® Not Approved tl e_ DATE:J-)Z Signe of Director or uthorized Representative I REVI4NG DEPARTMENT/DIVISION: Approved ®Approved with Conditions ® Not Approved DATE: Signa'iure of Director or Authorized Representative I Revision 3/1981 RENTON PLANNINGDEPARTMENTI DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) 1 Location: Located on the north side of NE 4th Street between Union Avenue and a, point 945 feet ea t of Union Avenue NE. Applicant: lennett - Multivest, et al 1 ID: Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division SCHEDULED HEARING DATE: n Utilities Eng. Division Fire Department Parks Department Building Department qJPoiice Department Others: Policy Development COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. P EASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 ', P.M. ON REVIEWING PARTMENT/DIVISION: if i Appr ved ('pproved with Conditions Not Approved A.-7/ r1 i`4-(-: (?-6-A i G/` .5- : D/G ' : . tomVV /-c-S4 A-/ -ff..-C' . . 7.--.). ... , . i.. .. .. f. . . . , ' ''..: . ':..... s.:.....••. ... ": ..': f..i f I DATE: LTl-•2,51 Signature of Di rector....or_.Au.thhOri zed epre ntative • . ..__ REVIEWING DEPARTMENT./DIVISION: , C)T/,Liry . 11/ " Q JAAE,A'.//V(- Approved - [' pproved with Conditions ,' NotAPP roved; 5,.,. FZ . /. 1 DATE: -3A3v S Z Signature of Dr for or Authorized Representative I UTILITY APPROVAL 9UBIEGI lU ( 3/00/82 A LATE COMERS AGREEMENT - WATER Y&S uJ-;ado .' F.F LATE COMERS AGREEMENT • SEWER 0 I SYSTEM DEKI6PAIENT CHARGE • WATER I GOMM• , 4C-• SYSTEM DEVELOPMENT CHARGE • SEWER Go,AA&CT PN GWG SPECIAL ASSESSMENT AREA CHARGE - WATER NO SPECIAL ASSESSMENT Af EA CHANGE • SEWER Ivp APPROVED WATER PLAN Y$5 peo8AE3.Zf• kl evAi CT. ati APPROVED SEV R PLAN YES APPROVED•FIRE HYDRANT LOCATIONS. BY FIRE DEPT. y 'S FIRE FLOW ANALYSIS 465 I i RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) I Location: Ilocated on the north side of NE 4th Street between Union Avenue and a point 945 feet ,ea t of Union Avenue NE. Applicant: ennett - Multivest, et al Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division . SCHEDULED HEARING DATE: Utilities Eng. Division Fire Department Parks Department I Building Department Police Department Others: Policy Development COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. ; PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 P.M. ON REVIEWING D PARTMENT/DIVISION: POLICE Fl Appr ved Approved with Conditions A Not Approved Two way le turn' lane b nstalled by developer on N. th & o'n Union Ave. N.E. lutside lighting be placed in such a way that it shines inward on the parking lots & bldgs. o the light does not spill out on 'the surrounding roadways and does not blind people as they irive into the lot at night. onstructon hours be limited to between 7:00AM & 7:00 PM Monday thru Friday with no work allowed n Saturdays orISundays due to the noise complaints a large development such as this will generat if allowed to work on weekends. All buildings be equiped with security doors, locks and burglar alarms. Lt. D. I, R./,,% re'' DATE:3/31/82 Signature of Jirector or Authorized Representative REVIEWING DEPARTMENT/DIVISION: Appr ved ['Approved with Conditions Not Approved DATE: Signature of Director or Authorized Representative w •a I vI I J/ 1 7U I 1 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application ; REZONE (R-024-82) Location:, ocated on the north side of NE 4th Street between Union Avenue and a point 945 feet ieast of Union Avenue NE. Applicant: Bennett - Multivest, et al TO.: Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division I SCHEDULED HEARING DATE: Utilities Eng. Division Uj Fire Department 1 Parks Department I Building Department 1 QPolice Department v1;!,',Others: Policy Development COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. , P EASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 P .M. ON REVIEWING' DPARTMENT/DIVISION: / FOWLf ! Approved Approved with Conditions Not Approved "WA /j 06eAl/ iti#57/hoe ittleij , 44-,04,1e ea,/,4,0tive_e_2%/ 42 /1/. • . /1 e— :&oiwfreter/24"," 4 , 7. DATE: e*e o ire r or Autnorized Representative REVIEWING DEPARTMENT/DIVISION: Approved Q Approved with Conditions Not Approved DATE: Signature of Director or Authorized Representative 11t•I Date circulated : 14: :::1 25, 1982 Comments uue : March 30, 1982 ENVIRONMENTAL CHEICKLIST REVIEW SHEET ECF - 023 - 82 APPLICATION No (s ) . REZONE (R-024-82) PROPONENT : Bennett - Multivest, et al PROJECT TITLE : Brief Description of Project : Application for rezoning property currently 1 1 G-1 & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA: 8.5 acres BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO I1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3 ) Water & water courses : 4) Plant life : 5 ) Animal life : 6) Noise : 1/ 17 ) Light & glare : 8 ) Land Use ; north: east : south : west : Land use conflicts : View obstruction : 19) Natural resources : r/ 10 ) Risk of upset : t/ 11 ) Population/Employment : t/ 12 ) Number of Dwellings : 13) Trip ends CITE ) : traffic impacts : 14 ) Public services :i/ 15 ) Energy : L.,"/ 16) Utilities : 1 17 ) Human health : t/ 8) Aesthetics : c/ 19 ) Recreation : 20) Archeology/history : COMMENTS : . ,' s O --lie -e- --.(, c p J 3) s r/.. 1` t-tom-), .e_t: J- S'" 4 '0 Sy -1 d'..1`.,--6-e-- Recommendation : DNSI,)( DOS 1J re In ormation Reviewed by : < Title : Date : rz ?/ z--Y FORM: ERC-06 Poet..__. De.v. i Date Ici culated : March 25, 1982 Comments due : March 30, 1982 ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 0 3 - 82 i APPLI;CA ION No (s) . REZONE (R-024-82) PROPONE T : Bennett - Multivest, et al PROJECT TITLE : Brief D scription of Project : Application for rezoning property currently G-1,&1R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE ,AREA : 8.5 acres BUILDING AREA (gross) DEVELIOP ENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE 7 INFO ' 1 ) To ographic changes : 2 ) Di ect/Indirect air quality : 3 ) Wa er & water courses : 4 ) P1 nt life : V , 5 ) An- mal life : 6) No se : V 7 ) Liyht & glare : 8 ) La d Use ; north :) 01 /ff:* east : 4 etVe4 G74W' ,fr south : 14#0efellt f, west . 1 / W4411, La d use conflicts : OltVIwobstruction : ite / 0, /f; Y9 ) Na ural resources : 10 ) 'Ri k of upset : f 11 ) Poiulation/Employment : 12 ) Nu bor. of Dwellings : v 13 ) Tr p ends ( ITC ) : Aft tr . ffic impacts : 4w is o/10.444 ,i—e ede....G2 14 ) Puolic services : r 15 ) En rgy : V.' 16) Ut lities : 17) Hu an health : 18) Ae thetics :1, 19.) Re reation : 20 ) Ariheology/histolry : COMMENT . : 9,4'i 0 G lG 1ptpee S id' 4 '4 p 6/ Q'd s 0( 1/ 1- `(# 6, 9° 6:/4 Ily 404* RecoMme dation : DNSt DOS Mor Information Reviews• by Title : y"zoo, I Date : e j . FORM: ER9- 06 I Date circulated : 25, 1982 Comments uue : March 30, 1982 ENIVIR0NMENITAL CHECKLIST REVIEW SHEET ECF - 023 - 82 APPLICATION No (s) . REZONE (R-024-82) PROPONENT : Bennett - Multivest, et al PROJECT TITLE : Brief Description of Project : Application for rezoning property currently G-1 & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA : 8.5 acres BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 12 ) Direct/Indirect air quality : 3 ) Water & water courses : 4) Plant life : 5 ) Animal life : 6 ) Noise : 7 ) Light & glare : 8 ) Land Use ; north : east : t south : west : Land use conflicts : View obstruction : Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : 12 ) Number of Dwellings : 3 ) Trip ends ( ITE ) : traffic impacts : xx r 14) Public services : xxx 5 ) Energy : 6 ) Utilities : 17 ) Human health : 8) Aesthetics : 1i9 ) Recreation : 0) Archeology/history : II OMMENTS : Large shopping centers such as this have become a gathering place for youn, people duling the late night & early morning hours. The gatherings result in litter, loud & obscene iangauge, fights and the harassment of inncocent bypassers. I believe that the develol ment should be made aware of the problem & required to development programs into there building program to; discourage the gatherings before they start(i .e. lighting, signing of the area, possil security guards, chain entrances(some) at night) . Traffic they should have to install a 2-way left turn lane on both N.E. 4th & Union N.E. & have a sidewalk on the No. side of N.E. 4th from ecommendation : DNSI DOS More Information xxxx Union N.E ; to the East edge 2. he,'r"pr prty. Reviewed by : G i' t ^"` Title : 2 Date : IORM: ERC-06 TRAFFIC. Date . ci culated : -`March 25, 1982 Comments due : March 30, 1982 ENVIRW,411HENTAL CHECKLIST REVIEW SHEET ECF -i 0 3 - 82 APPLICA' ION No (s) . REZONE (R-024-82) I PROPO1NE T : Bennett - Multivest, et al I PROJECT TITLE : Brief D scription of Project : Application for rezoning property currently j i G-1 & R- to B-1 for proposed community shopping center. LOCATION : On the north; side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA : 8.5 acres ! BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) :, IMPACT REVIEW NONE MINOR MAJOR MORE INFO! 1 ) Topographic changes : 2 ) Di ect/Indirect 'air quality : 3 ) Wa er & water courses : G " 4) P1 nt life : 5 ) An ' mal life : 6) Nose : 7 ) Li•ht & glare : 1 r 8 ) La d Use ; north : east : south :) west : La d use conflicts : Vi -w obstruction : 9 ) Na ural resourceis : 10 ) Ri . k of upset : 11 ) Population/Emplolyment : 12 ) Nu ber of Dwellings : 13 ) Trip ends ( ITE ) tr ffic impacts :, d r I c- 14 ) Pu lic services :, 1 `-- 15) En r g y : 16 ) Ut lities : 17) Hu an health : i 118 ) Ae thetics : 19 ) Re reation: G'" 20 ) Ar heology/history : COMMENT . : 0 72r ./ ' i y = ..• r`.• Recomme dation : DNSIi_ (/ DOS More Information Revi we by : / ' Z' Title : Ly`c zlz J%s Date i/22..._./ FORM: ER -06 ritidth Date circulated ; M=_-:,1 25, 1982 Comments 'uue March 30, 1982 ENVIRONMENOTAL CHECKCLIST REVIEW SHEET ECF - 023 - 82 APPLICATION No(s) . REZONE (R-024-82) PROPONENT : Bennett - Multivest, et al PROJECT TITLE : Brief Description of Project : Application for rezoning property currently G-1 & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA : 8.5 acres BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3 ) Water & water courses : 4 ) Plant life : 5 ) Animal life : 6) Noise : 7 ) ( Light & glare : 8 ) Land Use ; north : east : t south : west : Land use conflicts : View obstruction : 9) Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : 12 ) Number of Dwellings : 13 ) Trip ends ( ITE ) : traffic impacts : 4 ) Public services : 5 ) Energy : 6) Utilities : 17 ) Human health : 18 ) Aesthetics : 19) Recreation :2/ 1' 0 ) Archeology/history : 1OMMENTS : T/ti.vl (IL/1.J1-1_c_. .n.<..-62.( /2 ct ,,, ".-/ N.( . :i --:.o Irlilt' cc i !.e, .Zt `" ecommendation : DNSI DOS More Information_ J eviewed by : / 2:2 , -, / ->•.. 2,.f .4'-a..-.T it1e : .A .)r i?." i y r'`- I' G ate : . r , ;` ORM: ERC-06 1 utiu-N ENcA. Date ci culateth -==.ircl 25, 1982 Comment-5- due : March 30, 1982 ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF _ 0 3 - 82 1 APPLICA I ION No (s ) . REZONE (R-024-82) 1 PROPONE T : Bennett - Multivest, et al i PROJECT TITLE : Brief D scription of Project : Application for rezoning property currently G-1 & R-3 to B-1 for proposed community shopping center. LOCATION : On the northiside of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AR A: 8.5 acres 'BUILDING AREA (gross) I DEVELOP ENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE ; INFOI 1 ) Toiographic chanlges :, 1 2 ) Diect/Indirect air quality :V 3 ) ya er & water courses : f 4 ) P1 nt life : V 5 ) 'An mal life : 6) Noise : I x.,/ 7) Liht &. glare : 1 l/ 8) La d Use ; north: east : south:5 west : Land use conflicts : Vi w obstruction : 9) Na ural resources : r 10 ) Ri k of upset : 11 ) Po ulation/Employment : V' 12 ) Nu ber of Dwellings : 13 ) . Tr p ends ( ITE ) : i. traffic impacts :! T. 14 ) Pau lic services : 15 ) tn rgy : 16 ) Ut lities : i/ 17 ) Hu an health : l 18 ) Ae thetics : V 19 ) Re reation : 1 20 ) Ariheology/history : COMMENT : Recomme dation : DN' ii DOS More Information Reviewe• by : i/Title : UT71-r-y n(G/ 'Rt, ; Date of 3/)/ FORM: ERC-06 Date circulated : N-._ "h 25, 1982 Comments .6a : March 30, 1982 ENUVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 023 - 82 APPLICATION No (s) . REZONE (R-024-82) PROPONENT : Bennett - Multivest, et al PROJECT TITLE : Brief Description of Project : Application for rezoning property currently G-1 & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA : 8.5 acres BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality :l 3 ) Water & water courses : 4) Plant life : 15 ) Animal life : 6) Noise : 7) Light & glare : B) Land Use ; north : east : south : west : Land use conflicts : View obstruction : 9) Natural resources : 1/ 10 ) Risk of upset : 11 ) Population/Employment : 12 ) Number of Dwellings : 3 ) Trip ends ( ITE ) : traffic impacts : 14 ) Public services : v// 5 ) Energy : V/: 6) Utilities : II7 ) Human health : o B) Aesthetics : 17/0 ) Recreation : l' 0 ) Archeology/history : I OMMENTS : ecommendation : Sr ,7 DOS More Information eviewed by : . Iitle : -2 RS/ lc bate : 3/2 7,)3 ORM: ERC-06 1 P..utL:4 ZoN ikc1.: Date ci culated arcli 25, 1982 Comments due : March 30, 1982 I ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 0' 3 - 82 APPLICA ION No (s) . REZONE (R-024-82) PROPONE T : Bennett - Multivest, et al 1 PROJECT TITLE : Brief D-scription of Project : Application for rezoning property currently G-1 & R-' to B-1 for .ro•osed communit sho. .in: center. LOCATIIO : On the north j side of NE 4th Street between Union Avenue NE and a ,point 1i 945 feet east of Union Avenue NE. SITE ARIA: 8.5 acres 1 BUILDING AREA (gross) DEVELOP ENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO , 1 ) To ographic changes : 2 ) ,Direct/Indirect air quality : V. 3) Water & water coiurses : K 4 ) Plnt life : r X1' 5 ) An mal life : i'Y' 6) 'No se : t.„, 1 7) Li ht & glare : 8 ) La d Use ; north:; east : south :1 I west : La d use confli its : Vi w obstruction;: 9) Na ural resource's : c ' 10 ) Ri k of upset :X 11 ) Po ulation/Employment : 1( ' 12 ) Nu ber of Dwelli1ngs :X 13 ) Trip ends ( ITE ) traffic impacts :Q_,e:=Id'ei CB'- 14) Pudic services : 15 ) En rgy : 1 x 16) Ut ' lities : 1 x 17) Hu' an health : 18) Ae. thetics : 1 19) Re' reation : 1 20 ) 'Ar heology/histlry : COMMENT : 1 1 1I Recomme lotion : DNSI_ DOS More forma, -on Reviewed by : ,0fi/ s/ .Title : .. tPL i J1 Date a 7r . FORM: ER -06 II,....... \7-`X.:17.-9-.H ..•T f..1.'g..-A 8 ir":67V 1 fr-'",.^."4 446. 1-) e."•••. 7.4.,1 ' 1....:3 0. f. 7.0.e... 141..4 WI.''If. C.,•.'`Z P. 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I nIPPEIVEA • I 1 , _B el —--- MAR 1 9 1982 ' BUILDING/ZONING DEPT.• r„,:ltii.,7 314, 7. h ____--- --11-----7-1- 1 1 i top,.1 i . 1 . 1,• ,_ ;` Z4 .--.-. 1 --___----- I IV, - a =js 1 a a r O `_ 11. 3o1. IieivT ] J t i 134 44;4 • a TT— I...+- -_— 1_ kr k r' 1 t• .1 1.:'`.‘ ' . 111\ lb I VI 1 ' R- 4 1 a"V . Aiel "1 1 k ',%. 11,2. 1 1 I 1 k!, I J . 1 1 I N I GI-1 j ' i • h4 1 I 1 BENNETT-MULTIVEST , ET AL . 1 I R-024-82 I I I 1 APPLICANT Bennett-Multivest , et al . TOTAL AREA 8 . 5 acres 1 1 PRINCIPAL ACCESS Via; N . E . 4th Street EXISTING ZONING G- 1 , R-3 EXISTING USE Vacant and Single Family PROPOSED USE Community Shopping Center 1 COMPREHENSIVE LAND USE ; PLAN Commercial I COMMENTS 1 1 1 1 I r 7^a I Dateicirculated :March 25, 1982 Comments due :March 30, 1982 ENVIROINMENTAL CHECKLIST REVIEW SHEET ECF -1I 023- 82 APPLI ATION No (s ) . Rezone (R-024-82) PROPOIENT : BENNETT-MULTIVEST, et al PROJE' T TITLE : Brief Description of Project : Application for rezoning property currenlllly G-1 & R-.3 to B-1 for proposed community shopping center. LOCATIION : On the north side of N. E. 4th Street between Union Avenue N. E. and a point 945 feet east of Union Avenue N. E.SITE REA : R_ S avrPs BUILDING AREA (gross ) DEVEL oPMENTAL COVERAGE (o) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes :X 2 ) D'' rect/Indirect air quality : X 3 ) Water & water courses : X 4 ) Piant life : X 5 ) Alimal life :X 6 ) Nloise : X 7) Lllght & glare : X ' 8 ) Llind Use ; north : Multi-family east : Undeveloped and single family , south : Undeveloped and single family west : Commercial and undeveloped L nd use conflicts : Multi-Family to north V ' ew obstruction : Probable but minor. 9 ) N . tural resources : X 10 ) Ri _ k of upset :. X 11 ) Po'oulation/Employment : X 12 ) Nulber of Dwellings : X 13 ) Trip ends ( ITE ) : 8, 000+ tr1ffic impacts : More analysis of demand needs to be made. 14) P4lic services : 1 X 4 r15) Engy : X 16) Ut lities: X 17 ) Hu 'an health : X 18) Ae:lthetica : X 19) Re • reation: X ' 20) Ar•heolo gy/history . X COMMENT ' : Signatur- 1 r7, 6„,,,,,L .4,,,,.,,_____ Donald G. INelson David R. ClemensBuilding4)fficial Policy Development Director iC R' ' and Ci' Hcmc fn„ FINAL DECLARATION OF SIG IFIE1 Application No (s) : , R-024-82 Environmental Checklist No. : ECF-023-82 Description of Proposal: Application for rezoning property currently G-1 and R-3 to B-1 for proposed community shopping center. Proponent: BENNETT-MULTIVEST, ET AL Locatipn of Proposal:On the north side of N. E. 4th Street between Union Avenue N.E. and a point 945 feet east of Union Avenue N.E. Lead Agency: City of Renton Building Zoning Department This proposal was reviewed by the ERC on March 31 , 1982, and April 7, 1982, following a presentation by JerryLindoftheBuilding & Zoning Department. Oral comments were accept id from: Gary Norris, Robert Bergstrom, Roger Blaylock, Richard Houghton, James Gray, Donald Persson, David Clemens, Ronc.ld Nelson and Jerry Lind. Incorporated by reference in the record of the proceedings of the ERC on application ECF-023-82 are the following: 1 ) Environmental Checklist Review Sheet, prepared, by: Michael L. Smith DATED: March 19, 1982 2) Applications : R-024-82 3) Recommendations for a declaration of non-significance: Building & Zoning D epartment, Fire Department, Parks Recreation Department, Utility Engineering Division, T affic Engineering Division. More information: Policy Development Department and P lice Department. Acting as the Responsible Official, the ERC has determined this, d velopment has a non-significant adverse impact on the en ironment. An EIS is not required under RCW 43. 21C. 030 (2) (c) . This d cision was made after review by the lead agency of a complete environmental checklist and other information on fil with the lead agency. Reason for declaration of environmental non-significance: Will' n t adversely affect the environment and adjacent properties . Signatures : 7 7, ./:-'/b-/-*/,--)-7, (---------- Ofle onald G. Nelson avid R. Clemens Building & Zoning Director Policy Development Director n Ri and C. Houghton Public orks Director DATE OF PUBLICATION: April 12, 1982 Revision 3/1981 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application_: REZONE (R-024-82) Location: Located on the north side of NE 4th Street between Union Avenue and a point 945 feet, east of Union Avenue NE. Applicant: Bennett - Multivest, et al TQ: Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division SCHEDULED HEARING DATE: 2 Utilities Eng. Division Fire Department Parks Department WBuilding Department Et] Police Department 1 Others: Policy Development COMMENTSIOR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. ; PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 P.M. ON REVIEWING DEPARTMENT/DIVI,SION: 78C, Approved ® Approved with Conditions ® Not Approved r., e— DATE: 97—A- i)e_ Signa e of lirector or uthorized Representative REVIEWING DEPARTMENT/DIVISION: Approved ®Approved with Conditions ® Not Approved I 1 I DATE: Signature of D rector or Authorized Representative Revision :i/ I981 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) Location: Located on the north side of NE 4th Street between Union Avenue and a point 945 feet east of Union Avenue NE. Applicant: Bennett - Multivest, et al TQ :i Public Works Department jEngineering Division SCHEDULED ERC DATE: 3-31-82 l_jTraffic Eng. Division SCHEDULED HEARING DATE: Utilities Eng. Division Fire Department Parks Department Building Department D Police Department Others: Policy Development COMMENTS • R SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDEDINWRITING. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 P .M. ON REVIEWING DEPARTMENT/DIVISION: Approved / 'Approved with Conditions ® Not Approved l.ID / rrn // F/L C-es'isw /-(f 1 r' j.f/(F P r'` e, t, l , C/% t /' ls s'F_ G7 Aci jlstJl D q// l 7 L} r/ l ti',/ L'`1w r ".'C G c' ' '( c l .' 9 ' ' r a':ICJ:.,t= A =5.`3 J!/ J( e / 4 !7 / c c?`l, e, I C.p S c r Y V Q lL 1C n. L f _ 1,.\'E. l / DATE: dwSignature; of Director or Authorized Representative ' REVIEWING: DEPARTMENT/DIVISION: App oved E> rApproved with Conditions El Not Approved rt.- r e IF- DATE: VA 7/ Signature of Director or Authorized Representae r'Cv ra rurr 3/ i' o RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) Location: Located on the north side of NE 4th Street between Union Avenue and a point 945 feet east of Union Avenue NE. Applicant 1 Bennett - Multivest, et al IQ:Public Works' Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division SCHEDULED HEARING DATE: Utilities Eng. Division Fire Department Parks Department Building Department Police Department 0 Others: Policy Development COMMENTS 0' SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. LEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 P .M. ON REVIEWING DEPARTMENT/DIVISION: POLICE fl1Approved ( Approved with Conditions Not Approved 1) Two way le turn lane be—Installed by developer on N.E Vth & o Union Ave. N.E. Outside lighting be placed in such a way that it shines inward on the parking lots & bldgs. so the light does not spill out on the surrounding roadways and does not blind people as they drive into the 1 t at night. 3) Constructon hour be limited to 'between 7:00AM & 7:00 PM Monday thru Friday with no work allowed on Saturdays or undays due to the noise complaints a large development such as this will generat if allowed to wok on weekends. 0 All building be eguiped with security doors, locks and burglar alarms. Lt. Dt 1j e, DATE:3/31/82 Signature. of Director or Authorized Representative REVIEWING' DEPARTMENT/DIVISION: DAppoved ['Approved with Conditions ® Not Approved DATE: Signature of Director or Authorized Representative nev ,blUn J/ IyoI RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Applica,ti n: REZONE (R-024-82) Location: Located on the 'north side of NE 4th Street between Union Avenue and a point 945 feet east of Union Avenue NE. Applicant Bennett - Multivest, et al JQ ;Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division SCHEDULED HEARING DATE: 1 Utilities Eng. Division gj Fire Department El Parks Department Building Department Police Department Others: Policy Development COMMENTS OP' SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. 'LEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 P .M. ON REVIEWING EPARTMENT/DIVISION: q-7 7 DAp roved approved with Conditions 0 Not Approved i2Sl f i O r f" v z DATE: Signature' of Director...or_.Au.thor..i zed. Repre .:ntati ve REVIEWING D PARTENT/DIVISION:M tr',L ry App oved approved=with Conditions E`Not Approved 5„tS,a DATE: 3/30181 Signature of Qir for or Authorized Representative II UTILITY APPROVAL SUMO ID 0 3/3Of$;Z A LATE COMERS AGREEMENT - WATER NeyEs u-'-Ado 3 .F LATE COMERS AGREEMENT • SEWER NO SYSTEM DtVcL PMENT CHARGE • WATER I Gomm. 14c SYSTEM DEVELOPMENT CHARGE • SEVIER Gon/A/ GrlON GA/Fr. SPECIAL ASSESSMENT AREA CHARGE • WATER No SPECIAL ASSESSMENT AREA GUaRGE • SE ''ER A fp APPROVED WATER PLAN y,E5 ,p,ealAs,Lo mA/xJ% -rams/6v4/ APPROVED SEWER PLAN Y .s APPROVED-FIRE -HYDRANT LOCATIONS • BY FIRE DEPT. yE5 FIRE FLOW ANALYSIS y,ES Revision .s/ Iyt3I RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-024-82) Location: Located on the north side of NE 4th Street between Union Avenue and a point 945 feet east of Union Avenue NE. Applicant Bennett - Multivest, et al IG:Public Works Department Engineering Division SCHEDULED ERC DATE: 3-31-82 Traffic Eng. Division SCHEDULED HEARING DATE: Utilities, Eng. Division Fire Department Darks Department Building Department Police Department Others: Policy Development COMMENTS O' SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING.; PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 P .M. ON J / AmelREVIEWINGDEPARTMENT/DIVISION: /l / E! Pp roved ® Approved with Conditions Lp= 'yot Approved ,9W 4/44wc `./ 15/hie 56 /6 4,67,4ft C140./Aeldc, ue• l 4P- 411/11'4/le • 7 DATE: e / ®G, Si a e o iea„,,, , 4„ Authorized Representative REVIEWING DEPARTMENT/DIVISION: Approved El Approved with Conditions ® Not Approved DATE: Signature of Director or Authorized Representative 1 Zul t D4 V. 1 ZoMI6461, Date irculatea : elajrch 25, 1982 Comments due : March 30, 1982 ENVIROINIMENTAL CHECKLIST REVVIEW SHEET ECFI - 023 - 82 APPILI ATION No (s) . I REZONE (R-024-82) PROPO ENT : Bennett Multivest, et al PROJE T TITLE : Brief Description of Project : Application for rezoning property currently G-1 & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA : 8.5 acres BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : I 1 1 ii IMPACT REVIEW NONE MINOR MAJOR MORE j a INFIO 1 ) Topographic changes :1 2 ) Direct/Indirect air quality : X 3 ) Water & water courses : 4 ) Plant life : 5 ) A-iimal life : 1 X 6) Noise : 1', c: 7) Light & glare : 8 ) Land Use ; north: east :I south': west :I L nd use conflicts : V ew obstruction : 9) N tural resourcies : c 10 ) R sk of upset : 1 11 ) P pulation/Emplpyment : 12 ) N mber of Dwellings :X 13 ) Trip ends ( ITE ) :' traffic impacts': 14 ) Public services: 15 ) Energy : 16) Utilities : I X 17) Human health: I 18) Aesthetics : 19 ) Recreation : 20 ) Archeology/history : COMMENTS : I I I Recomme dation : DNSI_ DOS More nforma on Reviewed by : `// ,•/ Title : Date 1Z I FORM: ERG-06 eNci, Date circulateu . Kal,rch 25, 1982 Comments due : March 30, 1982 I ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 023 - 82 APPILI ATION No (s ) . ' REZONE (R-024-82) I PROPONENT : Bennett -jMultivest, et al PROJECT TITLE : Brief Description or Project : Application for rezoning property currently G-1I & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and la point 945 feet east of Union Avenue NE. SITE AREA: 8.5 acres BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : I IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) D ' rect/Indirect air quality :V 3) W. ter & water courses : 4) Plant life : 5 ) A imal life : 6) Noise : 7) L ' ght & glare : l/ 8 ) L .nd Use ; northl: east : south': west :, L - nd use conflilcts : V ew obstFuctiol : 9) N- tural resources : 10 ) R ' sk of upset : 11 ) ' Population/Employment : V 12 ) N mber of 'Dwellings : 13 ) T ip ends ( ITE ) traffic impacts : 14 ) Public services : 1 1/ 15 ) Energy : j , 16) Utilities : l/ 17 ) Hu an health : F L/ 18) Aesthetics : 1/ 19 ) Re reation : 20 ) Ar heology/history : COMMENT. : I I J i Recomlme dation : DN • DOS More Information Reviewe by : I Title : UT7Ln-y 1JG84, Date 34) FORM: ERC-06 I f 11k/ 1 r 1 r Date irculated:- Aarch 25, 1982 Comments due : March 30, 1982 ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF! - 023 - 82 APPLI ATION No (s) . i REZONE (R-024-82) I I PROPO ENT : Bennett Multivest, et al PROJE T TITLE : Brief Description of Project : Application for rezoning property currently G-1 & •-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and ,a point 945 feet east of Union Avenue NE. SITE ' REA : 8.5 acre BUILDING AREA (gross ) I DEVELIPMENTAL COVERAGE (90) : 1 IMPACT REVIEW NONE MINOR MAJOR MORE INFO_ 1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3) ater & water courses : 4:) Plant life : 5 ) Animal life : 6) Noise : 7); , Light & glare : 1 8 ) Land Use ; north : I east ; south : west : Land use 'conflicts : View obstruction : 1/ 9) N- tural resources : h/ 10 ) R ' sk of upset : , 9/ 11 ) Population/Employment : 12 ) N mber of Dwellings : 13) T ip ends ( ITE )' : At affic impacts : 14) P blic services : 1 15 ) E ergy : 7 16 16 ) U ilities : 17 ) H man health : I .i/- 1 18) A- sthetics : 19 ) R creation : 20 ) A cheology/history : COMMEN S : r 1 1 I Recomm ndation : SII DOS More Information Revilew d by : Title ::j Zr2sTh-f4 Dat®I: 3/25- e I FORM:; E C-06 1 1 1 TRAFFIC. EMGI, , Date irculatea : March 25, 1982 Comments due : March 30, 1982 i ENVIRONMENTAL CHECKLIST REVIEW SWEET ECF'! - 023 - 82 1 1 APPLIIATION No (s ) . !REZONE (R-024-82) PROPO ENT : Bennett - IMultivest, et al I PROJEST TITLE : I 1 1 Brief Description of Project : Application for rezoning property currently G-1 & °-3 to B-1 for .ro.osed communit sho. .in: center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. 1 SITE AREA : 8.5 acres' BUILDING AREA (gross) DEVELO•MENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE a INFO 1 ) T .pographic changes : 2 ) D: rect/Indirect air quality : v 3)_ ! W. ter & water courses : 4) P ant life : 5 ) A imal life : I 6) 1 Noise : I 7 ) L ' ght & glare : I 8) L . nd Use ; north[: east :; south : west :, L . nd use conflilcts : V ew obstruction : 9) N- tural resources : 4.---- 10 ) 1 R ' sk of upset : 1 11 ) P.pulation/Employment : i..---- 12 ) N mber of Dwellings : 13) T ip ends ( ITE ) : o) q " traffic impacts [: 1'110 d ev-a-tF_ 1 -PG'' 'r 14 ) Public services 1 15 ) Energy : r 16 ) Utilities : I G - 17 ) Human[ health : 18) Aesthetics : 19 ) Recreation : 1 20 ) IArI heology/history : COMMENTS : 1j 0 ??..`v!y'/.,/'P c,/,.?S/i i-? c'.s--,_ ter. /;„,_, / 1e.1a G_Je 1/ j4-44 / Z-,- e a ei N`E"e4 -6 s 0! .....„ 1,-, it/ A-, i "-- ( i_'_-`1 '' %'7 , .;Pe-,N.f.+` 6%' C. ti.., _- 7 ,r > I/ Recomme,/ IIidation : DNSI1_ / DOS More Information Reviewed by : r Z' Title : /y` Xr c . L57,'' Date i 1/ i/eZ_,1 I . FORM: ERC-06 1 l i i pp u Date irculated i 'March 25, 1982 Comments due : March 30, 1982 ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 023 - 82 APPLI ATION No (s ) . REZONE (R-024-82) PROPO ENT : Bennett - iMultivest, et al PROJEIT TITLE : 1 Brief Description of Project : Application for rezoning property currently G-1 & °-3 to B-1 for •ro.osed communit sho. .in. center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. • SITE AREA : 8.5 acres BUILDING AREA (gross) DEVELO•MENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) D; rect/Indirect air quality : 3) W. ter & water e,ourses : 4 ) Plant life : 5 ) i A imal life : 6) Noise : 7) Light & glare : I 8) 1I L . nd Use ; north: east : south': west : L - nd use conflicts : V ew obstruction : 9) N. tural resources : 10 ) Risk of upset : 11 ) P pulation/Empliyment : 12 ) N mber of Dwellings : 13 ) T ip ends ( ITE ) ': t affic impacts;: 14 ) P blic serviced: 15 ) E ergy : 16) Utilities : j 17 ) Human health : • 18 ) Aesthetics : 19 ) 1 Recreation : 20 ) lArcheology/history : COMMENTS : I JYr ..c.c-C' /Lcs,c,4 c_ z apt c r r4 c G v - ` , cr.s.<<=- A - -Q. ' Recomme dation : DNSI DOS More Information Revi wed by : / D>,,br Ur c .,T it1e : ,, X 19-c -1-e) ec Date z.r -l 6, • t2 f FORM: ER '-06 P Date irculated : March 25, 1982 Comments due : March 30, 1982 ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 023 - 82 APP'LIIATION No (s) . REZONE (R-024-82) PROPO ENT : Bennett - Multivest, et al PROJEIT TITLE : I Brief Description of Project : Application for rezoning property currently h G-11& •-3 to B-1 for Proposed communit sho. .in_ center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA : 8.5 acre BUILDING AREA (gross) t DEVELOPMENTAL COVERAGE (o) : 1 1 IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes :17 , 2 ) Direct/Indirect air quality :V 3 ) W: ter & water courses : 4 ) P ant life :1 V - 5 ) A imal life : 1et 6) Noise : I lls 7 7) L ght & glare : ; 4174e/8 ) L :nd Use ; northl,: east : 4 dele alli '5 south : 1 e tp /,, west :I 14#0e/e/A1 G.,ifl lL a/ L - nd use confliicts : , 2 d View obstructioh :4i40!f 4 9) Natural resources : 10 ) R • sk of upset : I 1,- , 11 ) P pulation/Employment : V 12 ) N mber of Dwellings : 13 ) T ip ends ( ITE ) : MO 414 . t affic impacts: I7" C tQ % s 9 11jz(ce406 14 ) P blic servicesI Iiv 1 15 ) Energy : 16 ) Utilities : 17 ) Human health : r y 18) Aesthetics : I 19 ) , Recreation : V v 20) Archeology/histdry : COMMENTS : A0( 4‘ba 4g0 01 ,1401,X2PW45 ,0f" S 4,e, y6 Avai 4 yke-,cle g,Pai,o?.( e) ems 6 i triRecolilmedation ://DNSI Ai, DOS Mor Information I Reviewed by f/1f i ' Apr ,, _.../ Title : iy, 1 Date : e 1 FORM: IER -06 I I i Date irculated : March 25, 1982 Comments due : March 30, 1982 1 EINVIROING1EP TAL CHECKLIST REVIEW SHEET I ECF - 023 - 82 1 APPLISATION No (s) . ,REZONE (R-024-82) 1 PROPO ENT : Bennett - Multivest, et al PROJEST TITLE : I 1 I Brief Description of Project : Application for rezoning property currently G-1 & -3 to B-1 for proposed community shopping center. LOCAI TION : On the north side of NE 4th Street between Union Avenue NE and a point 945 feet east of Union Avenue NE. SITE AREA: 8.5 acre BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : 1 IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) T • pographic changes : 2 ) DYrect/Indirect air quality : 3 ) I W. ter & water courses : 4) P ant life : 1 5 ) A imal life : 1 6 ) N ise : 7) L ght & glare : Il 1 8 ) IL nd Use ; north : east :' 1 southi: west :1 L nd use conflicts : itural iew obstructio' : 9) resources : 10 ) R ' sk of upset : 11 ) Population/Employment : 12 ) N mber of Dwellings : 13 ) ii T ip ends ( ITE ) I t affic impacts xx 14 ) Public services : I. xxx 15 ) Energy : 16) iUtilities: 1 17 ) Human health : 18) 1Aesthetics : 19 ) 1Recreation : 20 ) "Archeology/history : COMMENTS : Large shopping centers such as this have become a gathering place`for young people during the late night & early morning hours. The gatherings result in litter, loud & obscene langaulge, fights and the harassment of inncocent bypassers. I believe that the develop- ment should be 'mad aware of the problem & required to development programs into there building program to discbur ge the gatherings before they start(i .e. lighting, signing of the area, possibl security guards, hain entrances(some) .at night) . Traffic they should have to install a 2-way left turn lane on both N.E. 4th & Union N.E. & have a sidewalk on the No. side of N.E. 4th from Recomme1dation : DNSIL : DOS More Information xxxx Union N.E. to the ast edge o he' ` p rty. Reviewed b y : t.-j----- tst l e : Dated 3- 3/- 8 I I FORM: ER -06 1 y lzDe.sicim Date circulates March 25, 1982 Comments due : March 30, 1982 ENVIR0NMENITAL' CHECKLIST REVIECI SHEET ECF' - 023 - 82 APPILIt ATION No (s ) . REZONE (R-024-82) PROr0 ENT : Bennett - Muitivest, et al I PROJE T TITLE : Brief Description of Project : Application for rezoning property currently G-1', & R-3 to B-1 for proposed community shopping center. LOCATION : On the north side of NE 4th Street between Union Avenue NE and ,a point 945 feet east of Union Avenue NE. SITE REA : 8.5 acres BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3 ) Water & water courses : 4) P ant life : L 5 ) A imal life : 6) N ise : 7) L ' ght & glare : c/ 8 ) Land Use ; north : east : south : west : L. nd use conflicts : V ew obstructio1n : 9 ) N tural resources : T r/ 10 ) R sk of upset : e/ 11 ) P pulation/Employment : 12 ) iN mber of Dwellings : 13 ) T ip ends ( ITE ) : t affic impacts : 14 ) Plblic services: 15 ) ,, E e r g y : c/ 7 16 ) I U ilities : V 17 ) H man health : 18) A=sthetics : 19) 1R.creation : j 20 ) ; A cheology/history : COMMEN S : '2 7-17,3 6re - -- ( r'- 3) s ,-,-->7 s ,-22,.,-2- y, sf}TARY u.1 EOn' G ice" Recommendation : DNSI DOS re In ormation Review=d by : 0-,-..- Title : 1 Date : q'/2 /<F-j i I FORM: ER -06 I NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC, HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINE AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HAIJL, RENTON, WASHINGTON, ON June 29, 1982, AT 9: 00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: G. M. ASSOCIATES Application to rezone 17 . 3 acres of property' from G-1 to B-1 for a community shopping center, file R-019-82; property located on the east side of Duvall Avenue N.E. between N.E. 4th Street and S.E. 121st Street. bNNerTIA MIRLAMMEZA, ET AL 1457- =ic TUI5 neo 'ng property currently G-1 and R-3 to B-1 for proposed community shopping center, file R-024-82; located on the north side of N.E. 4th Street be ween Union Avenue N.E. and a point 945 feet east of Union Avenue N.E. Legal; d-scriptions ofthe files noted above are on file in the Ren on Building and Zoning Department. ALL INTDRESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON JUNE 29, 1982, AT 9 : 00 A.M. TO• EXPRDSS THEIR OPINIONS. PUBLISHDD: June 18, 1982 RONALD G. NELSON BUILDING AND ZONING DIRECTOR CERTIFICATION I, STEV MUNSON, HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENTS WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE 1:ROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn to before e, a Notary Public, in and for the State of Washington residin in King County, on the I da171 of June, 1982. 7 Cs.1t, SIGNED: . _j 3 i jf Y Gii1'.W1S^klibxS:a+km+.+3;RS'xiPJ'acM• aa....>.Rn.,.:,..,L:wi..'.w.::..-...» > U1.4`. NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON 1 The Environmental Review Committee (ERC) has issued a final declaration of non-significance for the following projects : McDONALD' S 'CORPORATION (ECF-029-82) Application to rebuild an existing McDonald' s Restaurant with a new building similar in style to other McDonald' s Restaurants in the community, file B-274 ; located at 73 Rainier Avenue South. BENNETT-MULITIVEST, ET AL (ECF-022-82) Application for rezoning property currently G-1 and R-3 to B-1 for proposed community shopping center, file R-024-82; located on the north side of N.E. 4th Street between Union Avenue N.E. and a point 945 feet east of Union Avenue N.E. I The Environmental Review Committee (ERC) has issued a final declaration of non-significance subject to conditions for the following projects : VENTURA PARTNERSHIPS (ECF-034-82) Application for construction of apartment complex of 240 multi-family units; located north of N.E. 4th Street between Union Avenue N. E. and Monroe Avenue N.E.' DENNIS K. SMART (ECF-019-82) Application for one steel frame building to house multiple automotive maintenance businesses, file B-273 ; located at 3100 block of N.E. 4th Street. The Environmental Review Committee (ERC) has issued a final declaration of significance for the following project : LAKE TERRACE PARK ASSOCIATES (STEVE HARER) (ECF-095-81 ) Application for rezone from T to R-3, maximum of 15 units per acre, to allow future development of condominiums or adult apartments, file R-090-81 ; property located in the vicinity of 21 Lake Washington Blvd. N. Further information regarding this action is available in the Bui ding and Zoning Department, Municipal Building, Renton, Washing on, 235-2550. Any appeal of ERC action must be filed with the Hearing Examiner by April 26, 1982. Publish d: April 12 , 1982 1 I A b FINAL D ?'CLA RATIOM OF NON-SIGNIFICANCE Application No (s) :; R-024-82 Environmental Checklist No. : ECF-023-82 Desci-iption of Proposal : Application for rezoning property currently G-1 and R-3 to B-1 for proposed community shopping center. Prop ,nent: BENNETT-MULTIVEST, ET AL Location of Proposal : On the north side of N.E. 4th Street between Union Avenue N.E. and a point 945 feet east of Union Avenue N.E. Lead Agency: City of Renton Building Zoning Department This proposal was reviewed by the ERC on March 31 , 1982, and April 7, 1982, !following a presentation by Jerry Lind of ;th Building & Zoning Department. Oral comments were accepted from: Gary Norris , Robert Bergstrom, Roger Blaylock, Richard Houghton, James Gray, Donald Persson, David Clemens, Ronald Nelson and Jerry Lind, Incorporated by reference in the record of the proceedings of th ERC on application ECF-023-82 are the following: 1 nvironmentalionmental Checklist Review Sheet, prepared by: Michael L. Smith DATED: March 19, 1982 2) Applications : R-024-82 3) Recommendation's for a declaration of non-significance: Building & Zoning D epartment, Fire Department, Parks Recreation Department, Utility Engineering Division, raffic Engineering Division. ore information: Policy Development Department and Police Department. Actin as the Responsible Official, the ERC has determined this evelopment has a non-significant adverse impact on these vironment. An! EIS is not required under RCW 43. 21C. 030 (2) (c) . This decision was made after review by the lead agency of a complete environmental checklist and other information on fi e with the lead agency. Reasons for declaration of environmental non-significance: Will not adversely affect the environment and adjacent properties. Signatures : 7 47-1) 07(0-&-- a/ Ronald G. Nelson ! avid R. Clemens Building & Zoning Director Policy Development Director v Riefiara C. Houghton . Public Works Director DATE; OF PUBLICATION: 1 April 12 , 1982 EXPIRRATION OF APPEAL PERIOD: April 26 , 1982 I j Date circulated : - - c;h 25, 1982 Comments due :March 30, 1982 ENVIRONi1ENTAL CHECKLIST REVIIEV SHEET ECF 023- 82 I APPLICATION No (s ) . Rezone (R-024-82) I PROPONENT : BENNETT-MULTIVEST, et al PROJECT TITLE : 1 Brief" Description ofProject : Application for rezoning property currently G-1 & R-3 to B-1 for ,•proposed community shopping center.1 I LOCATION : On the north side of N. E. 4th Street between Union Avenue N. E. and a point 945feetSITEARA . east of Union Avenue N. E.R_ s avrPs i BUILDING AREA (gross ) DEVELOP ENTAL COVERAGE (%) : f IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes :X 402 ) Direct/Indirect air quality : X 3 ) feat r 6 water courses :X 4 ) Pla t life : X a 4` 5 ) Ani al life :X 6) Noi e : X 7 ) Light & glare : X of8 ) Lan Use ; north: Multi-family east : Undeveloped and single family south: Undeveloped and single family 1 west : Commercial and undeveloped 15Lanuseconflicts : Multi-Family to north View obstruction : Probable but minor. 9 ) Natural resources X 10 ) Risk of upset : X X 11 ) Popu ation/Employment : 12 ) Numb - r of Dwellings :I X I 13 ) Trip ends ( ITE ) : I- 8,000+ traf ic impacts : More analysis of demand needs to be made. 14 ) Publ . c services : 1 X i15) Enl rgy : X 16) Utilities: X ' 17) Human health : X 18 ) Ae3thetica : X4 19) Rere .tion: X 20) Arlhe• logy/history : X COMMENTS : Signatures : P///I./. I - . '-<4!2?7L-- 1 4,;/// ie.e(donaldG. N lson 1 David R. ClemensBuilding 11 Of icial Policy Development Director 4,f-eL,C ./7-1.4.,,,t2A.5- R' ,'hard C 1 Hloug ton, nhP1 i.. r,.-...t- . ---- • r.. Ill I, 1i; 1;1 I AF EWAY STORES, INCORPORATED I i P.O.Box 947,Bellevue,Washington 98009(1121 124th Avenue N.E.98005) pi OF RENTON M Y 2 61982 1 POLICY 1I May 11, 1982 DEV LOPMENT DEPT. 1 .._ g 1E d iii[-EIMr. Michael Smith , Bel erra Development Corporation MAY 1 3 1982 174J2 108th Avenue S.E. , Suite 200 Renton, Washington 98055 BELTERRASubect: Proposed tore 553 I N.E. Fourth Street and Union Avenue Northeast I Renton, Washington 1 De Mr. Smith: 1 1 You equested a resplonse from Safeway regarding our market research for he shopping cneter site at N.E. Fourth Street and Union Avenue Nort east in Renton.' We have studied a number of statistical elements whic , combined withithe physical characteristics of the property, s`gg st it is an appropriate shopping center site for one of our stores. I We h ve studied population, households, and future growth potential of the area through data prepared by Puget Sound Council of Governments, King County, and theiCity of Renton. The market area of the proposed site extends in a funnel shaped manner, increasing in width (north-south) as it progresses eastward from FAI-405 along N.E. Fourth Street. The maximum northward extension of the market area is Sunset Boulevard N.E. and the maximum southward extension is the north bluff above the Cedar Rive and Maple Valleliy Highway. The market area extends eastward to appr ximately the Lake McDonald vicinity due to the lack of any significant exis ing or planned shopping facilities in this area of the county. The cens s tracts involved in this area are the southerly portions of 254 and 251,5, 256, 251 and 3191. The corresponding population statistics are readily avai able at the Cityllof Renton Planning Department and the Puget Sound Coun it of Governments. ItlIIis clear when reviewing the existing population and future growth proje tions, combinedjwith the general lack of suitable or planned coinme cial areas further east in the county, that the subject site and area Molds tremendous 'iopportunity for a successful Safeway store in combination with other retail and service oriented commercial uses. It is,particularly important to be located at a site that has potential for commercial expansion to provide a healthy, viable, full service community commercial center that will adequately attract the consumers and, lore importantly,'I satisfy their needs. I lig you want from a store (S) and a little bit more Mr. Michael Smith Page Two May 11, 1982 I We have reviewed various sites in and around the City of Renton and fee quite strongly that the subject site is most strategically located in dynamic and growing,market area. We have reviewed approximately Ole en, recently coestructed, or planned residential developments in the wic nity of the site, which will. consist of a possible maximum of 2844 uni s. These do not include any planned county projects, and is, further evi ence of the desirability of the area for close in convenient living., Se way and other commercial uses, being service oriented, must anticipate suc growth trends to provide locational convenience and a broad range ,of hoice and service. We like to consider ourselves one of the leaders: in stablishing such community commercial areas. I We lso have a store in the ,Renton Highlands area. We feel that this new sotre will not have1a detrimental affect on the existing store and the Sunset Boulevard commercial. corridor. This is because that market areal is oriented primarily west, north and east along the Sunset Boulevard corridor, which in itself Comprises a separate and independent market area. We ;lope we have answered your questions regarding our research and interpretation of the market area. We would not be investing such time and money in the site if we didn't believe it to be an excellent location and market. Sincerely, Greg Bever Realty Representative I GB:11 Cc: File C I.TY OF RENTON s RF7O'IE APPLICATION CITY OF RENTON-: 40R OFFICE USE ONLY DEC 11 U LAND USE REARINGD PPLI CATION 'lINO fI EXAMINER 'S ACTIO, MAR 191982 PPLICATION IFEE $ 42,,7 APPEAL FILED ECEIPT. NO. ry- 1 c 1?— CITY COUNCIL ACTIDNbILDING/ZONING DEPT. ILING DATE ORDINANCE NO. AND DATE SEARING DATE APPLICANT TO COMPLETE ITEMS 1 THROUGH 10 : I Name Bennett -. Mul.tivest, et al Phone 255-9448 Address 17422 108th Ave. , TE, Suite 200, Renton, WA. 98055 3. Property petitioned for rezoning is located on the north side of NE 4th 'St. between_ Union Avenue NE and A point approx. 945 feet east of Union Ave.NE 1 . Square footage or acreage of property 8.5± acres 3 . Legal description of property (if more space is required, attach a separate sheet) See attached 1 i 3 .: FxistingZo inq G, general; R-3 residentiMninq Requested B-1, business 4OTE TO APPLICA T: The following factors are considered in reclassifying • . property.; Evidence or additional information to substantiate your request may be attached to this sheet. (See Application Procedure Sheet for specific requirements . ) Submit this form in duplicate. 7 . Proposed us of Site Community shopping center (see attached for additional information) The subject rezone site (8.5t- acres) is a portion of a larger site (12.8 acres) which together will be developed in a planned shopping center use. 4.29 acres of the total development isite is already zoned B-1. 3. List the me sures to be taken to reduce impact on the surrounding area. The proposed 4onin is compatible with existingzoning, land uses, and thecomprehensivegP plan for to area. Resultingplanned commerical development has positive benefits and ' 1 will comply with city standards designed to help mitigate impacts (see attachments for 1 3 . How soon after the rezone isgranted do further the site? n) . you intend to develop site see attached, 1 0 . Two copies of plot plan and affidavit of ownership are required. Planning Dept: 1-77 N r// - , t..- ,-) CITYof1 ! S NTTiv t h 11 "7 IF gATTACHMENTMA , i9 /982 REZONE G & R-3 TO B-1 viVING urPT. BENNETT - MULTIVEST, ET AL ADDITIONAL JUSTIFICATION A. Additional Responses to Rezone Application Form 7, 71he subject site will be transformed from its present relatively under-- developed state (only a few scattered older homes now exist on the site) to a planned commercial center. The initial phase will consist of a supermarket - hardware - drug Store as the major anchor uses combined with a variety of retail shops and services. Subsequent phase or phases will contain additional retail shops and service oriented uses as additions to the planned center. A conceptual site plan has been submitted with this application to help visualize in, a general sense the proposed uses and progression of- dlevelopment. As indicated the planned center will also consist of integrated and compatible architectural building treatment, planned 4cess points to pity standards, suitable parking, signing, and landscaping. 8. The proposed rezone and development is consistent with the compre- hnsive land use plan and policies element which designates the site fQr commercial use. The proposal is also consistent with adjacent and surrounding land uses and zoning. Such uses include commercial, mlltiple family and undeveloped area. The subject rezone represents ai expansion of an existing B-1 zone (approx 4.8 acres) to provide sifficient area to accommodate a planned shopping center use. Suitable roadways and utilities exist at the site to provide for the proposed use. Suitable additional on-site and adjacent improvements, utilities, and storm drainage facilities will be constructed to city standards to further mitigate potential impacts. The concept of a planned commercial center with compatible building architecture planned build- ing locations, comprehensive landscaping, storm drainage control, and planned access points will greatly mitigate potential impacts. (see below for further justification. ) 9. F.rst phase of construction will begin as soon as possible given suit- a]?le time for the site planning and architectural design process, financing arrangements, and further government review and approvals. l' TYe major tenant first phase will have a significant attractive effect on demand for development of the second phase. B. Compatibility with,Comprehensive Plan 1. Land Use Map Element They subject site is designated for commercial use on the recently adopted Northeast Renton Comprehensive plan (adopted in December, 1981) . The site was specifically considered for a commercial shopping center land use at that Time. The map element was amended and expanded from the existing 4.8- acres of B-1 zoning adjacent to the subject site and the intersection to a larger area that would be capable of supporting a planned commercial center. No zoning beyond that which already exists at Ithe intersection. was specifically considered at that time, given the city's policy not to reclassify on an areawide basis in conjunction with its comprehensive planning efforts. The initiation of reclassifications are left to the property owners and reviewed on an individual basis subse- quent to the comprehensive plan adoption. However, the inclusion of the subject site is the commercial designation of the comprehensive plan indicated that the potential zone and use is commercial. G. Additional Justification Page 2 The zoning which now exists on the site was established prior to the latiest comprehensive plan amendment. The 'G, general classification is a " holding zone" established at the time the area was annexed to the city on The G zone is a large lot residential zone and is not generally utilized for development purposes. The exising R-3 classification occurred in and is not compatible with the recent NE Renton Comprehensive Plan document which now designates tha: portion of the site commercial as well. The proposed rezone to B-1 and subsequent planned commercial center- is compatible with the ,size and location of the commercial land use map j element designation. A commercial center needs a site with sufficient relatively level area free of encumbrances. It is also necessary that it front on at least one and possibly two arterial streets. The map element represents such locational strategy emphasizing the primary east-west transportation corridor of NE 4th St. (see sec. II NE Renton C.P. ) The proposed zoning and use is also compatible with the proposed , office park land use designation for the surrounding area north and east Of the site. (see' section II, second paragraph) A sizeable planned commercial center will provide consistent architecture,land use, landiscaping, and access, as well as providing a critical commercial hub which could stimulate the potential for such office park use. Without a sufficient commercial node it is quite doubtful that office uses is this! area could be successfully developed. I 2. Policies Elements (NE Renton Comp. plan) a. Commercial Development Policies. The 1roposed rezone and development of a commercial shopping center is consistent with policy 1, 2, 4, and 6. The proposed center will be located at a strategic intersection along a primary east-west trans- port tion corridor. (NE 4th St. ) Concentration of commercial uses into planned centers easily accessable from the surrounding residential areas is an important planning tool. It provides a node of intensive actil I__ity which can be better developed and controlled, than a scattered strip" commercial pattern. Providing adequate size to accommodate a wide variety of retail services to attract more local users, thus re- ducing trip travel time and conjestion elsewhere in the city is also important. A strong positive justification for a community sized shopping facility is' the effect it will have on reducing many of the longer trips that residents of the area must now take to the Highlands, to Sunset Blvd. , or even downtown Renton. This helps to reduce energy conslmption and reduces the load on other streets in the city. (see section II (13),ECF) The proposed rezone and development accomplishes this and establishes;a suitable basis for a planned shopping center. Such planning would include building design and location, parking, landscaping, and adjacent roadway improvements. Such development is more acceptable and creates much less impact than scattered unrelated commercial development. b: General Land Use ,Policies The iroposed rezone and development is consistent with the general land use policies of the NE Renton Comprehensive plan. Besides the advantage of providing employment and needed additional retail services to the growing population of the area, it will also be consistent with existing and planned transportation, community facilities and utili- ties for the area. The present traffic counts (see section II (13) of the ECF for more detailed information) indicate sufficient volume along the NE 4th St. corridor to justify the proposed development. A signi- ficant market area now exists along the NE 4th St. corridor extending further north and south in a "funnel shape" the farther east it gets from FAI 405. Recent multiple family and single family development in the area together with planned population increases to the area in the near future could benefit greatly from such retail service use. The proposal will not have a significant effect on community facilities because it has a relatively low demand for such services. Less demand is' also placed on utilities for commercial development, as opposed to Additional Justification Page 3 the residential load for such services. However, the proposal is con- sistent with comprehensive plan policies with respect to planned growth where utilities are readily available. Water, sewer, and storm drainage 1fa cilities to city standards can all be provided to the entire site, and development of these will extend them in a progressive fashion in conjunction with the city's utility plans to other properties in the area. This helps to realize the NE Renton Comprehensive plan policy to encourage the progression of land development logically from west to ea t, thereby reducing the costs of extension and maintenance of utility expansions too far ahead of the growth pattern (Land Use Policy #3, NE Renton Comp. Plan) : 3. Po icies Element of General Comprehensive Plan. The subject proposal is also consistent with the general city-wide ipoiicies element of the Comprehensive plan. a. The proposal is consistent with sections 1 and 2 of this document gi IIen the planned approach utilized in such development. The site is conducive to such development. It is relatively level, has good soils, no significant natural elements, is compatible with other adjacent and surrounding commercial uses, and zoning, and will upgrade the site an area. b. Section 2, Economic Goals and Policies, are assisted by the proposal through the increase 'in jobs and tax base with a minor load on the public services and utilities. c. Section 3 the Urban Design Goals are enhanced by the proposal through the creation of a coordinated development scheme for the site. The site is adjacent to and near other commercial uses, and represents a logical and progressive step in the pattern of development for the area. All city services are now available to the site. The district within which the site is located will be well served by the additional commercial services of the proposal. Because of the transitional nature of the area being in the logical path of development) the few existing single family uses on the site and in the surrounding area have shown some signs of decline. This is aitypical situation which will be improved greatly by the proposed development. The District Image, landscaping and sign objectives and policies will also be realized through comprehensive plan- ning, design, and landscape plans associated with such shopping center devkpment. d. Section 5 of the policies element relates to commercial development. The proposal is compatible with the goals, objectives and policies of this section. Its planned character and excellent location at a strategic intersection promotes an attractive, functional and convenient cluster of commercial uses. Such a center will serve the existing resi- dents and future planned population for the NE 4th St. corridor eastward into the county where very few services exist now or are planned in the future. Such a location will also serve the recent apartment, condominium, mobille home park and single family residents who have moved into the area within the past several years, and will reduce existing and future trips to retail areas further away or more difficult to reach (ie. in- sufficient street network or indirect travel through a residential area) . Existing commercial zoning within the corridor has been utilized for some of the multiple family growth or in an inharmonius, scattered strip effect, thus eliminating the possibilities except at the subject loca- tion for a sufficiently scaled planned shopping center. Even without such usurping of commercial zoned land the subject site is more cent ally located to the market area it will serve. 1 The hole concept of, the planned shopping center will be compatible with the concepts and policies for variety of uses, compatibility of design, and minimizing of impacts to the area. li Additional Justification Page L . C. Timeliness of Rezone 1. No commercial zoning of sufficient size, character, and suitable ideation to the market area presently exists in this area. Much of ttie existing B-1 zoning in the area has been converted to other uses oil fragmentized by scattered development so that a planned shopping center cannot be constructed on existing zoned land in this important corridor. Sufficient area of business zoning is requested in the proposal to accommodate the short term needs for phased development o a community shopping center. It is important to provide suffi- c'ent area to accommodate major uses such as supermarket, drug, ha,rdward stores as' well as a variety of other retail services, banks, eating, recreation; establishments, or other campatible commercial and service uses. ! The initial phase of development will utilize a majority of the subject site (approx+9.5 acres) . Once this occurs it is likely the additional phase (4- acres) will follow shortly, given tle``magnet effect of the principal uses (ie. Safeway and Payless) . The total area is considered a short term utilization and should be planned to functionally and aesthetically relate as a total shopping center. 2. Suitable utilities with sufficient capacity and other city services are presently available to the site. Development of the site will he!lp to provide such utilities for the surrounding area in a. logical prlogressive manner in conjunction with the city's utility plans for the area. 3. The intersection of NE 4th St. , and Union Avenue NE has recently been improved and is capable of additional traffic from the proposal. The roadway itself together with the improvements along the frontage of the property associated with the development can handle the resulting traffic patterns. Much of the increases will be positive in terms of relieving traffic pressures elsewhere from existing longer and more indirect travel patterns. (see traffic study section II (13) of Environmental Checklist for additional information) 14. Private residential and commercial development has progressed in the area to the point where the proposed shopping center is a viable us?. Representatives of Safeway have reviewed the market and indicate a strong potential for the proposed shopping center. The recent growth in4the immediate area has been substantial. Nearby apartments, condo- minium, mobile home parks, and single family subdivisions have provided a potential user in close proximity to the site. Several large resi- dential developments are planned in the near future for the area in- cluding, additions to the mobile home . park (Leisure Estates) , the Northward Homes P.U.D (Cascadia Annexation) , U.S. Homes P.U.D. near NE 3rd Street extension, Belterra Development single family project Union Avenue NE near Fernwood) . These large projects combined with scattered smaller projects, and the existing extensive residential area to the east in King County provide a substantial near term market for the proposed center. The center will also be compatible with and supplement the existing smaller node of retail services at or near the intersection of NE '4th and Union Avenue NE. The subject proposal re- presents a logical step in the development pattern of the area, and fulfills the need to accommodate a variety of land uses to create Ian identifiable and functional sub area of the city. CITY OF RENTON, WASHINGTON CITY OF RENTON ENVIRONMENTAL CHECKLIST FORM MA D BUILpINGR/CONING191982 DEPT.FOR OFFICE USE ONLY p Application No. Environmental Checklist No. EC/ PROPOSED, date: FINAL , date: Declaration of Significance Declaration of Significance Declaration of Non-Significance El Declaration of Non-Significance COMMENTS: 1 Introduction The State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions 'and when licensing private proposals. The Act also requires that an EIS be prepared for all major action's significantly affecting the quality of the environment. The purpose of this checklistlis to help the agencies involved determine whether or not a proposal is such a major actipn. Please answer the following qestions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers , include your explanation lin the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should Intl de the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be, involved to complete their environmental review now, with- out duplicating paperwork in Ithe future. NOTE: This a standard form being used by all state and local agencies in the State of Washington for various types of proposals . Many of the questions may not apply to your proposal . If a questionidoes not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I . BACKGOUND 1. Name of Proponent I Bennett r ult•ives L, et:.al L 2. Address and phone number of Proponent: 17422 - 108th Avenue SE Renton, Wash. A2f155 255 - 9448 3. Date Checklist submitted 4. Agency requiring Checklist City of Renton Building Department 5. game of p,roposal , if applicable: Rezone from C and R-3 to B-1, Business 6. Nature and brief description of the proposal (including but not limited to its size, general design elements , and other factors that will give an accurate understanding of its scope and nature) : see attached 2_ 7. Location of proposal (describe the physical setting of the proposal , as well as the extent 'of the land area affected by any environmental impacts , including any' other information needed to give an accurate understanding of the environ- mental, setting of the proposal ) : see attached 8. Estimated date for completion of the proposal : Summer - Fall 1983 9. List of all permits , licenses or government approvals required for the proposal federal , state and local--including rezones) : see attached 10. Do you have any plans for future additions , expansion, or further activity related to or connected with this proposal? If yes , explain: see attached', 11. Do you know of any plans by others which may affect the property covered by your proposal ? If yes , explain: see attached 112. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: II. ENVIRONMENTAL IMPACTS Explanations of all "yes" and "maybe" answers are required) II 1) Earth. Will the proposal result in : a) Unstable earth conditions or in changes in geologic substructures?X YES M YBE NO b) Disruptions, displacements , compaction or over- covering of the soil? X YEr- MAYBE NO c) Change in topography or ground surface relief features? YEs- MAYBE AU- d) The destruction, covering or modification of any unique geologic or physical features? x Yam- MAYBE NO e) Any increase in wind or water erosion of soils , either on or off the site?X YES MAYBE NO f) Changes in deposition or erosion of beach sands , or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X Explanation: see attached YES M Nb o- 3_ 2) Air. Will the proposal result in: a) Air emissions or deterioration,.of ambient air quality? Yt MAYBE NO b) The creation olf objectionable odors? X YES MAYBE 3 r) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? I X YES MAYBE NO Explanation: see attached 3) Water. Will the proposal result in: a) Changes in currents , or the course of direction of water movements, in either marine or fresh waters? X YES MAYBE NO 1 b) Changes in absorption rates , drainage patterns , or Xtherateandamountofsurfacewaterrunoff? YES MAYBE NO c) Alterations toe the course or flow of flood waters? X YES MAYBE NO d) Change in the ',amount of surface water in any water body? X YES MAYBE NO e) Discharge into surface waters , or in any alteration surface wateriquality, including but not limited to temperature, dissolved oxygen or turbidity?X YES MITE au— f) Alteration of the direction or rate of flow of ground waters X YES MAYBE NO g) Change in the quantity of ground waters , either through direct additions or withdrawals.,. or through interception of an aquifer by cuts or excavations? X I YES MAYBE NO h) Deterioration in ground water quality, either through direct injection , or through the seepage of leachate, phosphates, detergents , waterborne virus or bacteria, X or other substances into the ground waters? YES M YBE NO 0 Reduction in the amount of water otherwise available X for public water supplies? YB RUBE Explanation: I see attached I I 4) Flora. Will the proposal result in: la) Change in theldiversity of species, or numbers of any species of flora (including trees, shrubs, grass., crops ,xx microflora and aquatic plants)? YES MAYBE— NO b) Reduction of the numbers of any unique, rare or endangered species of flora? X YET— RAYNE NO lc) Introduction of new species of flora into an area, or 1 in. a barrier to the normal replenishment of existing species? yrs— MAYBE NB d) Reduction in acreage of any agricultural crop? YES MAYBE NO I I Explanation: see attached - 4- 5) Fauna. Will the proposal result in: a) Changes in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles, fish and shellfish, benthic organisms , insects or microfauna)? X YES MAYBE NO b) Reduction of the numbers of any unique, rare or X endangered species of fauna? YES MAYBE NO c) Introduction of new species of fauna into an area , or result in a barrier to the migration or movement Xoffauna? YES MAYBE NO d) Deterioration to existing fish or wildlife habitat? X YES MAYBE NO Explanation: _ see attached 6) Noise. Will the proposal increase existing noise levels? X YES MAYBE NO Explanation: see attached 7) Light and Glare. Will the proposal produce new light or glare? X Y E S MBE fa-- Explanation:see attached 8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? X—Present X—Planned YES MAYBE NO Explanation: see attached 9) Natural Resources. Will the proposal result in: a) Increase in the rate of use of any natural resources? X YES MAYBE NO b) Depletion of any nonrenewable natural resource? X YES MAYBE NO Explanation: see attached 0) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides , chemicals or radiation) in the event of an accident or upset conditions? X TES-- TOTE NO Explanation: 1) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population X of an area? Y Explanation: see attached Illillirr4 r A 5- 12) Housing. Will the propolsal affect existing housing, or X create a demand for additional housing? I YES MAYBE NO Explanation: see attached 1 I 1 1 13) Transportation/Circulation. Will the proposal result in: a) Generation of additional vehicular movement? I YES- I- MAYBE NO b) Elffects on existing parking facilities , or demand X for new parking? l YES MAYBE NO 1 1 c) Ilmpact upon existiing transportation systems? X I YES MAYBE WU- 1 d) llterations to present patterns of circulation or X novement of people, and/or goods? YES FUR' NO e) Alterations to waterborne, rail or air traffic? X IYam- MAYBE 0 I f) Increase in traffic hazards to motor vehicles , bicyclists or pedestrians? YES MAYBE NO Explanation: gee attached I 1 I 1 I I 1 14) Public Services. Will' the proposal have an effect upon, or result in a need for new or altered governmental services in ar}y of the following areas : a) Fire protection? ! X YES MAYBE NO I b) Police protection? 1 YES— MAYBE NO 1 X c) Schools? YES MAYBE NO I d) Parks or other recreational facilities? X I YES MAYBE NO e) Maintenance of public facilities , including roads? X YES MAYBE NO I f) Other governmental services? X I YES MAYBE NO Explanation: see attached I I 15) Energy. Will the proposal result in: a) Use of substantial amounts of fuel or energy? X YES MAYBE NO b) Demand upon existing sources of energy, or require X the development' of new sources of energy? YES MAYBE R— I Explanation: see attached 1 1 16) Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities : a) Power or natural gas? X YES MAYBE NO b1e Communications systems? X YES MAYBE NO X c) Water? YES MAYBE NO e I 1J,. 6- d) Sewer or septic tanks? X YES MAYBE NO e) Storm water drainage? X YES TOTE T l f) Solid waste and disposal? X YES MAYBE NO Explanation: see attached 17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding mental health)? X YES RPM" TU— Explanation: 18) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive X site open to public view? YES MAYBE NO Explanation: see attached Recreation. Will the proposal result in an impact upon the Xqualityorquantityofexistingrecreationalopportunities? YES MAYBE NO Explanation: 20 ) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical X site, structure, object or building? YES MAYBE NO Explanation: III. SIGNATURE I , the undersigned, state that to the best of my knowledge the above information 1 -1 true and complete. It is understood that the lead agency may withdraw any decla- r!tion of non-significance that it might issue in re - .ance upon this . klist should tlere be any willful misrepresentation or willful 1 . of ful •1s• osur- on my part. Proponent: igned Michael L. Smith name printed) V. P. Planning Belterra Dev. Corp. Environmental Checklist Supplemental Attachment Bennett .- Multivest; et al Rezone From G a R-3 to B-1 I This attachment contains further explanations of the various questions of ll the Environmental Checklist. Additional information is also contained in the recent Environmental Impact. 1. BAC<GROUND 6. Explanation The proposal is a reclassification of approximately 8.5 acres of property from G, General ClassificaTion (7.1- acres) and R-3, Medium Density Multiple Family (1.4- acres) to B-1, Business. The subject reclassification will permit the combining of the sub- ject property with adjacent existing B-1 property (approx 5.7 acres) to develop a planned shopping center complex. The total area of exist- ing and proposed B-1 zoning will be approximately 14 acres, which is an ideal size for a shopping center composed of major uses to- gether with a variety of other retail and business uses. f, The initial phase of the planned development will utilize approximately I, 9. 5- acres of property and will consist of the major uses (ie. Super- market, Drug and Hardward stores) together with a variety of smaller shops, banks, or restaurants. The existing 5.7- acres of B-1 zoning is of insufficient size for a properly planned shopping center complex and the variety of retail services which it should provide. All development will conform to City of Renton standards. 7. The subject 8.5 acre site is located at the NE quadrant of the intersection of NE 4th St. and Union Avenue NE. It is a portion of property owned by the applicant that is presently zoned B-1 but too small for a normal sized community shopping center. An exist- ing Texaco service station presently exists directly at the inter- section. The surrounding area near the intersection of NE 4th St. and Union Avenue NE has experienced scattered commercial growth unrelated in design compatibility and function. The trend for com- mercial support uses has been established in the community, but hasn't been properly planned and developed. The area has been and' will continue to be one of the most significant residential growth areas of the city. The subject site is relatively level and has no significant natural vegetation or other unique natural features. The frontage along NE 4th St. when combined with the westerly 214:4 feet is approximately 803 feet, and extends eastward to a point approximately 945 feet east of Union Ave. NE Although the subject rezone has no frontage along Union Ave. NE it is part of the exist- ing B-1 zoned property which extends from the north line of the Texaco station approximately 418 feet to a point approximately 575 feet north of NE 4th Street. See site and zoning maps included in the application. 8. Summer - Fall 1983 9. Rezone - City of Renton Site Plan and Utility Plan Review - City of Renton Building Permits - City of Renton 10. Not beyond the subject rezone area at this time. The easterly 4.5± acres will be part of the second stage of development occurring j subsequent to the establishment of the major uses and the 1st phase small uses. Supplemental Attachmei Page -2- 11. Yes. Safeway has purchased the first phase area of the subject site, which is the majority of the property and plans to build a supermarket and Vavie+x/Drug Store together with a variety of other uses. 12. See #1.9 above 11 ENVIROMENTAL IMPACTS 1) Earth -- The rezone itself is an administrative and legislative action and will not by itself create any environmental impacts. However, ultimate development of the site as a planned community shopping center will cause some impacts to the site and surrounding properties. Specifically with regard to the soil and ground structure certain disruptions, compaction, and overcovering of soils, as well as some changes in topography are anticipated as part of the above mentioned development. Given the stable soils on the site and its relatively level slope these impacts are not considered significant and will be the minimum necessary to adequately construct the planned struc- tures and improvements. The soils consist of Alderwood Gravelly Sandy Loan (AgC) , according to the King County Soil survey information of the U. S. Soil Conservation Service. This soil is excellent for urban-type devel- opment. The relatively level slope of the site will also minimize the amount of on and off-site erosion that may occur during site development. City requirements for temporary erosion control measures will be achieved during construction to further mitigate associated impacts. The surrounding and adjacent land is relatively undeveloped, but nonetheless will be protected by suitable site planning and con- struction techniques consistent with city requirements. 2) Air -- Ultimate development of the site will cause a certain amount - emissions on a temporary basis during construction, and more perman- tly from additional vehicular traffic. However, certain positive air impacts may occur as a result of the reduction of trips and trip lengths, thereby reducing the amount of air emissions on a areawide basis. The NE Renton Comprehensive Plan also addresses air emissions in its study of the future growth on the plateau in which the subject site is included. The area presently does not exceed ambient air quality standards as noted in Table 1 of the NE Renton EIS. It1phouldalsobenotedthatfuturetechnologiesandcontinuingimprove- ients in vehicle emission control systems and enforcement will also have a mitigating effect on air quality in the area. 3) Water -- No significant streams, lakes or water bodies exist on the subject site. A seasonal drainage ditch that has been chan- nelized is located west of the subject rezone area. This ditch has been culverted extensively by projects both north and south of the site, and is not considered a natural stream bed. Another small seasonal drainage ditch is located on the site near NE 4th Street. During times of heavy precipitation some minor impound- ment of water occurs just east of the Water District pump station, because of inadequate maintenance resulting in reduced capacity, This situation will be resolved when improved drainage facili- ties are constructed as part of future site development. Ulti- ate development of the site will change certain drainage patterns and absorption rates on the site. Storm drainage facilities designed to City Standards will provide storm water retention/ detention facilities which will control rate of runoff from the kite to that which presently exists for a specified design level. This requirement will serve to mitigate impact's of drainage off the subject site. No direct uncontrolled storm drainage discharge will occur from development of the site. Oil/water sep- dration facilities are also required by the City's drainage or- inance. ' Ultimate development of the site will change certain drainage patterns and absorption rates on the site. Storm drainage facilities designed to City Standards will providestormWaterretention/detention facilities which will control rate of runoff from the site to that which presently exists for a specified design level. This requirement will serve to mitigate impacts of drainage off the subject site. No direct uncontrolled storm drainage discharge will occur from development of the site. Oil/water separ- 4tion facilities are also required by the City's drainage ordinance. tlo critical ground water aquifer is apparent on the site, and excava- tion/grading activities are not considered substantial enough to ilntercept such waters. The site is well-grained with no standing Environmental Checklist Supplemental Attachment Page -3- water. Minor indirect effects to absorption rates may occur through the addition of impervious surfaces to the site. 4) Flora -- The site has been previously cleared and revegetated with a mixture of natural deciduous trees primarily Alder, Maple and Cottonwood with some small clusters of evergreen remaining particularly near the existing single family structures. Man-induced shrubs, flowers, grasses and trees are predominent around the existing structures. The remaining groundcover is a mixture of brush and scrub grasses typical of the region and a second growth ,previously cleared site. Ultimate development of the site will remove all of the existing vegetation of the site, with the exception of certain specimens of the few existing evergreens that can be reasonably incorporated into the landscape plan. No unique, rare or endangered species of flora exist on the site. Additional species and numbers of flora will be introduced to the site as part of the comprehensive landscaping plan associated with its development. 5) Fauna -- The proposal will disrupt the existing vegetation of the site which provides habitat for certain fauna. However, such fauna is limited to small mammals such as rodent varieties, birds, reptiles, and insects indigenous to the typical western Washington suburban semi-wooded environment. The subject development will displace certain fauna through forced migration to adjacent and surrounding properties of similar character. The size and character of the habitat is such that it does not represent sufficient quality to provide meaningful wildlife habitat. No unique, rare, or endangered species are apparent on the site. New species of trees and shrubs within the overall landscaping plan will attract some species of fauna. 6) Noise -- Existing noise levels on the site will be altered on a temporary basis by construction activity, and on a permanent basis by the continued operation of a shopping center use. The location of the subject site adjacent to two, arterial streets, one of which is a major arterial, inherently assume a certain ambient noise level due to a fairly constant traffic volume. The operation of a shopping center will not significantly add to such ambient levels given such existing background levels. Increases in noise levels at certain times (deliveries and peak shopping times) can be expected particu- larly near the north and east boundaries of the site. However, these will be mitigated by the proposed location of the buildings near the north and east perimeters of the site with the parking between the buildings and the arterial streets. The City of Renton has a noise ordinance which establishes certain allowable maximum environmental sound levels, thus mitigating impacts due to noise. The proposed use will conform to these es- tablished standards. 7) Light and Glare -- It is anticipated that new forms of light and glare will be introduced to the site and surrounding area upon development. Such additions are typical of a suburban commercial area and do not represent a. substantial hazardous, or nuisance situation. Such impacts are primarily due to automobile parking areas, lighting', and reflective surfaces of the structures. Such impacts can be partially mitigated by suitable landscaping throughout the site, and by appropriate building design and facade treatments. Such impacts will be primarily associated with the front or street sides of the development and therefore are more compatible with that environment. Landscape buffers will be established between Env.iro' mental Checklist Supple ental Attachment Page - - the site uses and the streets,as well an on the site perimeters. Parking area lighting can be designed to minimize off-site impacts. 81 Land Use -- Please refer to the Rezone Application and its attachment information for supplementary explanation of this question. The rezone proposal will permit the design and development of a planned community shopping facility. The present use of the site will, therefore, be changed from its relatively undeveloped state ( 4 older single family residences exist on the subject rezone site) to a planned commercial use. The shopping center is projected to fill a need for a variety of additional retail and business services in the neighborhood and market area extending eastward along NE 4th St. into King County. The proposal will not alter the planned use for the site and area. It represents an expansion of existing B-1 zoning to provide suffi- cient area for the intended -use, which is compatible with the NE Renton Comprehensive Plan. The proposal therefore facilitates the present and planned need for such a facility to balance the growth and liveability of the area. Previous commercial development in the area has been scattered and more of a strip-nature. Commercial uses presently exist at the remaining 3 quadrants of the intersection and also extend in a strip" character westward along NE 4th St. The only existing suit- ably sized parcel of B-1 zoned property has been developed as a large apartment complex rather than planned shopping center (ie. NE 4th and Monroe Avenue NE)) thus reducing appropriate property presently available and serviceable except for the subject site. The north and west portions of the site are relatively undeveloped. A few older single family structures exist but are some distance from the boundaries of the subject site. A recently constructed apartment-condo unit is located northwest of the subject rezone site. Such use does not comply with the existing Comprehensive Plan, but is generally used as ,a buffer use between commercial uses and lower density residential. Proposed Comprehensive Plans indicate a large amount of office and multiple family uses north and east of the site. Such planned uses will compliment the proposed shopping center and vice-versa. 9) Natural Resources -- The proposal will utilize some natural re- sources including fossil fuels, wood products, and gravel as a result of construction and future habitation. However, such utilization is not considered substantial given the relatively small size of the site and scope of the development with respect to the total comsump- tion or rate of depletion of non-renewable natural resources. 11) Population -- The subject proposal will not directly add to the population of the area. - It may, however, stimulate a certain amount of additional population growth. It will have a direct effect of serving the existing and planned population for the area, thereby providing a degree of balance and self-sustaining influence. The area will be more liveable as a re- sult of providing a close convenient and well-planned variety of retail services. Some employment opportunities for existing and future area residents will be created by the development and its stimulation of planned office uses. This proposal is consistent with the projections and planned growth rate of the NE Renton Comprehensive Plan. Environmental Checklist Supple+ntal Attachment Page -5- 12) Housing -- The explanation of (11) closely correlates the explan- ation with regard to housing, given the non-residential nature of the proposal. Such impacts can only be considered as possible secondary and tertiary effects of the proposed use. 13) Transportation/Circulation cc arflbe.Ls4 1r.a is analysis 14) Public Services -- The area is presently within the City of Renton and therefore, receives the various services provided by the City. Other existing developments in the viciniy already utilize such services. There will be certain demands upon such services created by the proposed development. However, the magnitude of this demand as a sole need for new services is not significant. Services may be altered to a minor degree as compared to the total city-wide demand for governmental 'services. Such services are generally provided on an increasing demand basis as the overall population increases, and according to ratios and levels of service acceptable by the citizens and the elected. officials. The additional tax base, consumer spending, construction employment and the City's system development fee will help mitigate such impacts. Generally)•commercial development has less impact on the city's fire police, library, parks, and other similar services than residential uses. Buildings, utilities, and other site improvements will be developed to city fire, building, and zoning code requirements thus reducing potential demand of services. Utility construction will facili- tate the city's plans for provision of such services further east of the site. Roadway improvements along street frontages will improve street and intersection appearance and function. 15) Energy -- The development of the subject site will place minor demands on energy consumption relative to the whole. No new sources of energy will be required as a result of the proposal. Some energy conservation will occur as a result of locating a variety of retail services in one location proximate to a substantial residential growth area. 16) Utilities -- All of the above noted utilities are available to the site and are of adequate capacity to serve the site. Such utilities will be extended into the site and to the site boundaries as re- quired by the plans of the various agencies. No substantial exten- sions of utilities are anticipated. All design and construction will conform to the requirements of the City of Renton and other public and private utility agencies. 18) Aesthetics -- It is a highly subjective opinion as to whether or not the site as it now exists is a scenic vista. The site does not have any unique features that categorize it as a scenic vista, nor I Environmental Checklist Supplemental Attachment Page -6- is there any such vista on the surrounding property. Some people may not think the planned development is aesthetically pleasing. However, the nature of the shopping center use and the planned elements (ie. buildings, landscaping, parking, lighting, signing, etc. ) create an orderly and more aesthetically pleasing atmosphere than scattered unrelated retail development. Such measures help mitigate potential impacts due to aesthetic consider- ations. 1 LEGAL DESCRIPTION FOR SUBJECT REZONE AREA CITY OF RE 'P N IV 1T110PARCELA: MAR 1 198? The West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 23 North, Range 5 East, W.M. ; EXCEPT the North 629 feet' thereof; 17;71 .AND EXCEPT the West 305 feet of the South 65 feet of the North 694 feet AND EXCEPT the Southerly 629 feet of the Westerly 396.4 feet thereof; AND EXCEPT that portion thereof described as follows: Beginning at a point 30 feet North of the Southeast corner of said West 1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 10; thence West 250 feet; thence North 436 feet; thence. East 250 feet; thence South 436 feet to the point of beginning; AND EXCEPT' the most Southerly 42 feet thereof for S. E. 128th Street as conveyed to King County by deeds recorded under Recording Nos. 5741040 and 5741044; AND EXCEPT the most Westerly 40 feet thereof for Union Avenue N.E. ; PARCEL' B That portion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section lb, Township 23 North, Range 5 East, W.M. , descibed as follows: Beginning 42 feet North and 75 feet West of the Southeast corner of said West 1/2; thence;We t 175 feet; thence North 424 feet; thenceiEast 175 feet; thence ,South 424 feet to the point of beginning; PARCEL C The East 75 feet of the following: Beginning 42 feet North of the Southeast corner of the West 1/2 of the Southwest 1/4 of tte Southwest 1/4 of Section 10, Township 23 North, Range 5 East, W. M. in King C unty, Washington; thence We t 250 feet; thence No th 424 feet; thence Ea t 250 feet; thence [South 424 feet to the point of beginning; PARCEL ;D The West 175 feet of the south 622 feet of the East half of the Southwest quarter o the Southwest quarter of Section 10, Township 23 North, Range 5 East W.M. , in King County,1 Washington; 1 EXCEPT the South 42 feet thereof conveyed to King County for road by deed recorded under Recording No. 5790505. Situate. in the City of Renton, County of King, State of Washington PARCEL t The South 1 /2 of the West 1/2 of the East 1/2 of the Southwest quarter of the Southwest suarter of Section 10, Township 23 North, Range 5, East, W.M. , in King County, Washington, except the South 622 feet of the West 175 feet, and except the South 470 feet thereof. Together) w th an easement for ingress and egress 15 feet in width across, over and u on the West 1/2 of the Southeast quarter of the Southwest quarter of the Sou hwest quarter of said section 10, the centerline of which is described as follows Beginning at the Southwest corner of said section 10; thence South 88' 02'43" East 821.38 feet; thence North O'17'02" West '142 feet to the point of beginning; thence North O'17'32" West 580 feet to the terminus of said line;. ex- cept that portion thereof included in the hereinable descibed main tract. 1 j Legal De-cription for Subject Rezone Area Page 2- PARCEL F The Sout 250 feet of thel West half of the East half of the Southwest quarter, of the Southwest quarter, Section 10, Township 23 North, Range 5 east, W.M. in King County, Washington; EXCEPT, the West 175 feet; EXCEPT the South 42 feet conveyed to King County under King County Recordin No. 5738286. PARCEL G The Nort 110 feet of the South 360 feet of the West half of the East half of the sout west quarter of the southwest quarter of Section 10, Township 23 North,' R ge 5 East, W.M. in King County, Washington; EXCEPT the West 175 feet thereof. TOGETHER with an easement for ingrass and egress of 15 feet in width over, across and, upon the following described real estate in King County, ashington: Over the South 220 feet of the West half of the East half of the so thwest quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East W.M. , in King County, Washington, the centerline of which is efined as follows: Commencing at the southwest corner of said Sec- tion 10; thence South South 88. 02' 43" East 821.38 feet; thence North 0. 17' 32" West 30 feet to the point of beginning; thence North 0. 17' 32" West 220 eet. PARCEL H The South 470 feet of the' Sotith 1/2 of the West 1/2 of the East 1/2 of the southwest quarter of the southwest quarter of section 10, Township 23 North,, Ra ge 5 East, W.M. , in King County, Washington; EXCEPT the West 175 feet ther of and EXCEPT the South 360 feet thereof and EXCEPT the East 98 feet of the North 60 feet thereof. Together with an easement 15 feet in width for roadway and utilities across, over and upon the West 1/2 of the southeast quarter of the southwest quarter or the southwest quarter of said section 10, the centerline of which is escribed as follows: i Beginning at the Southwest corner of said section 10; thence South 88' 02' 43" East 821.38 feet; thence North 0. 17' 32" West 42 feet to the point of beginning; thence North 0. 17' 32" West 580 feet to the terminus of said lne; EXCEPT that portion thereof included in hereinabove described main tract. (Tax lot 333. in section 10, Township 23 North, Range 5 East W.M. ) 1 i 1 1 I CITY OF RENTON AFFIDAVIT gER [Ell \WR MAR 19 1982 BUILuiNG/ZUNING DEPT. I r Del Sennett being duly sworn, declare that I am the osner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. lc f} Subscribed and sworn before me this day of /Y1 ,0.„L 19622, , Notary Public in and for the State of Washington, residing atAc rNne zif o ary Pu 1 c) Signature o er 7471/O r. (4/fry ;,Q4T-p.„ IfilA 15 17422 - 108th Ave. SE Suite 200 Address) Address) Renton, Washington 98055 City) State) 255-9448 Telephone) FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the filing of such application. Date Received 19 By: Renton Planning Dept.t. 2-73 AFFIDAVIT CITY OF RENTON MAR 19 1982 BUILDING/ZONING DEPT. I ,James da Silva being duly swbrn, declare that I am the owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are ! in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this ,tb day of rnQ,-j 19 "2 , Notary Pu lic in and for the State of Washington residing .at A Name t r Pu lic)Sign iv st, Ltd Owner l 7y/D YYL, / 1,„?/, e.r. 9f 17422 - 108th Ave. SE, Suite 201 Address) ! TTiw j / 4 Address) Renton, Washington 98055 City) State) 255-6064 Telephone) FOR OFFI E USE ONLY) CERTIFICATION This is t certify that the foregoing application has been inspected by me and has ben found to be thorough and complete in every particular, and to conform to the rules a14d regulations of the Renton Planning Department governing the filing of, such application. Date Received 19 By: Renton Planning Dept. 2-73 AFFIDAVIT caps®} Rnp This affidavit is toIDaccompanyrezoneapplicationMAR191982 on tax lot 89 in 10-23-5 41= 11N, GdeclareuN11VGDEPT.I , Henry Ba1ko being duly that I am the own*r of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith s.ibmitted are in all respects true and correct to the best of my knowledge and belief. i. r•-‘u' '---'"'''0\ C-.' Fr... iter"( 1> Subscribed and sworn before me this 2 7 day of FEBRUARY 19 82 , Notary Public in and for the State of Washington, residing at Renton Of nelP 41(,_ 0 1,4( 4L ame of Notary Public) ignature 0 e 645 Shattuc Ave South Rentnn, Wash 98055, P.O. Box 68562, Seattle 98168 Address) Address) City) State) 763 1564 Telephone) FOR OFFI E USE ONLY) 1 CERTIFICATION This is tI certify that , the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform tdl the rules and regulations of the Renton Planning Department governing the filing of such application . Date Received 19 By : Renton Planning Dept . 2-73 I 1 CITY OF RENTON AFFIDAVIT 1 ildfiREMYRDMAR191982 1 BUILDING/ZONING DEPT. I, 777 r' . 6_ 4'T!E being duly sworn, declare that I am the ow er of the property involved In this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief 1 g E: F&---204,,Ei Aeom c,„..„--,...,_ -,---i geermY-7-:s7.2r. Subscribed and sworn before me 326 ///e 4 707k/ /4` '9 SS this awQ day of Mav c 19 % ` 0 lP_ (•: o,„. G Ili ) Notary Public in and for the State of W1, s . ng ton, residing at Ste e._ A,* . A I Name of Notary. Public) ctket.srtose.toRzert, nr ig .ature of Owner 541.b va+,lnoe '01..E letSe.•. , t ubA dittos' At 0, Address) Address) 1 i niza 7'/33 City) State) li III Q h 1 Telephone) 1 1 I FOR OFFICE USE ONLY) I CERTIFICATION This isl'1to certify that the foregoing application has been inspecteid by me and haslbeen found to be thorough and complete in every particular land to conform,' to the rules and regulations of the Renton Planning Departmient governing the filing of such application . I Date Received 19 By: I i Renton Planning Dept .' 2-73 1 AFFIDAVIT CITY OIa RENTTON fa 1.1MAR191982 BUILDING/ZONING D PT I , L.a- 1 3/,- : a„,being duly sworn , declare that I am the ow eir of the prop rty involved in this application and that the foregoing statements and answers herein contained and the information herewith Isu. mitted are in all respects true and correct to the best of my knowledge and belief . . Af/eAc.'c;.4,nbv- p'cZ`n-ie -Ira,,.. v„'''a.`c"" 'Cd .f'o`e'/J' u_S'e. o+ - f'-e r rvp— a} Y3:_0 - A/. - jF ( 4 S , /e e-, vim. <4/f4-- Subscribed and sworn before me GC2f( p sct:o.„S , I1i this eday of 19g Notary Public in and for the State of Washington, resiOing at )r.S-,. /----- Name of ,peat, Y°r "P_: ic) . ig ature of Ow er) i ic1,„ y y- fie./4 Address) , • Address) . City) State) sY 7 Telephone) FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the filing of such application . Date Received 19 By : Renton Planning Dept . 2-73 s' CITY OF RENTON AFFIDAVIT IT P 1E IJ W . EMAR191982 13UIC.DiNC'4 AJI NG DEPT. I, RICHARD GRANT being duly sworn, declare that I am the ow 'er of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith ubmitted are in all respects true and correct to the best of my knowledge and belief: Subscribed and sworn before me this 16 day of MARCH 19 82 , Notary Public in and for the State of Washington, residing at RENTON, WA. 1 1,.,4:1, _, 7 Name of N' tary ublic) , Signature/of Owner) 19514 S.E. 134 ST. RENTON, WASHINGTON 12901 172 AVENUE S.E. Address) Address) i RENTON,WASHINGTON City) State) 226-0418 Telephone) FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has be n found to be, thorough and complete in every particular and to conform toithe rules and regulations of the Renton Planning Department governing he filing of ;such application . Date Received 19 By : Renton Planning Dept'. 2-73 I 0 11 F. MAR 1 9 ton Li 2 AFFIDAVIT OF KING COUNTY WATER DISTRICT NO . 90 EPT. 3 STATE OF WASHINGTON) ss 4 County of King ' 5 6 RICHARD GRANT being first duly sworn on oath, deposes 7 and says : 8 That I am the Chairman of the Board of Commissioners 9 of King County Water District No. 90 . That King County 10 W ter District 'No. 90 'by and through ,its Commissioners does 11 not object to and does hereby join in a Petition for rezone 12 o certain property owned by King County Water District No. 13 9 and being adjacent to, surrounded by, and within the 14 pi' operty contained in the Bennett-Multivest, et al Petition 15 to which I attached this Affidavit . 16 17 j. Ri hard Grant 18 SUBSCRIBED and SWORN to before me this 1L day of March, 19 1682 . 20 alvtja 21 NOTARY PUBLIC in and for the State of Washington 22 residing at / q,s ,q 1 '/ 23 v7 24 25 26 27 28 29 30 31 32 Harpold &Fiori Attorneys at Law 3204 Auburn Way North Auburn,Washington 98002 206)833-5001 838-0510 1 TX \ A-''' • Cg figtr•.. : 7":). 2%S.' . F161444," • 11' , - 651 - .. . 1 'q::"'M • t 3q j r.•,? SO• $1 •T 6®5, L.'';;3410 '33232 ' ; ' :, 33282', s_..::; 1-'.+`:: i uT N y1'/;j a' 1y' 1' I1, Q_ 1, I - k I .'< _'' t•-'r;:; h7', S:-. 2i IN: I',A tit tit. I. i, 1 i1b1.) i,$ • 1 i1`7 O. #;O's• 24 0'9 'S33 81 T 434 L •259D 1d3 ^ r.l, , ' r,'^-iir::7, . - , I r, g {] F 14 j F I 10110 i 2;106919t:•1"1—.,.,d,..`. i:1. i 'V ' . 13+ 71" M9. (l ` 1 I3'7' SR. t 1 ;* tt,,E.,S N E i FT LESS 1x4 vai 1 ;, ; N t LI 1S CORD r i 'W Z861 dW . 1c-2'-05. 9025 .09.533 51 T 434 1, 1690P s'j L,- N-i;8 B.T. FLAT 0 I'.' 'Ip9C 26504..' t ^'F.;.:D a-' R!''. ,11'• RE R:`'" C Rli°: l 1 SE .I:51.i S1 A T : 11,".• 1101';I`i1 SD' ^\i 1 V.1gr:F t.l W> r-0. r+ ...;;. 1:: 1/(' OF s, l0 Qi i NOild OA117t t, I3SSc, 1 FT O -,ESS CO.RD 3 10-1 -05 I 9026 ' 9 760 Si •T.'685 L •1470 - • ' ' ' ' 02 05-9t726-07 DOVE BUD D , E 2, O FT OF, S 1/2 OF. . 1/ OF 11 '45,00 : . 5826 5e.e.- ; 7 12239 148TH SE ,. NE 1/4 'OF SE 1/4 LESS 1 0 FT, . 80 T '6855L 62 4375 t 3756: RENTON WA 9S055 LES' 'CO RD I 2080 I. 79'T 685 L 500 ' . I ''1680 38 I , I f ,38909 10- 3-05 9027 09,`33 81 T 434 L 5'70 i, 1 BALKO.HENRY 06I .89133 BALKo.HENRY 1.180.14 .1/2 OF. SE 1/4 OF SW- 1/4 OF. I, 3980 8913, PO BOX 68562 SE 1/4. LESS N 252 FT LESS CO IDS " 1 SEATTLE WA 98188' 1 : 1 102305-9028-05 `' 102}05 9028 09.609 ' 1,81VTi 210e'L :1L130 BEAT T IE JAMES''.& MUNRO 'JOHN. R084 N' 1'0 FT OF' S 360 FT. OF' S 1/2 II I' j ' I ' 3970 '480451 I ,, li,N1,45i, . 12803. NE 141ST Cl OF 1/ 'OF E 1/2 OF SW 1/4 OF i pi T _210CL 550, ' d f. ., I I PIA R C E-.L. C 0 Nit I.'N li.E 0 'f.i N. N 1.._ .IL _ _ d LEVY EX RL S ODVALUALIMPLEGALDESCRIPTIONTIONS ,GEN'L.TA7C, SPEC;.S'd? d ' i?t/= t"'AN f;,.%r L N)MBER %,:An?E&ADDRESS - . - RATE EX .in T CODE VALUA( IMPS I_;-.T_ KIRKLAND WA 98033 SW 1/4'•LESS W 175 FT I 17700 . 33494 ' - ' -fi ' 33494 102305-9029-04 10743-05 9029 09.609 81 T 2100 870+ 836 '` 1 . ' 8 LORENSON• H C Z0876 S' 6' FT OF 694 •FT OF W 305 FT. 80 T •2100E a•00.72`1 F , 7Z18, ,.. 10901 SE 168TH OF "•W 1/4:OF SW 1/4 LESS; CO RD, 79 T 2100E '•'SO11'8891'` ' . F 8 1', RENION .WA 98055 1.02305-9030-01" , 10- 3-05 030 09.760 . 81 'T 685sL' .5440i' 2427.'. :. KEHL JOE H S 1 2 OF N .1/2 OF. NE 1/4 OF I .403## . .'. 21.2 . _ 30 MIRAMONTE CT' ,. ' SE /4 LESS N 132 F • LESS S 90 FT - SAN CARLOS CA 94070 OF " 174 FT LESS CO 'D 102305-9031-00 ' 111671 0- 3-05 9031 09.760 81 T 6855E 353 344a r,' 'f 344s3' PRESSLEY DAVID S N 1 2 OF NE ..1/4 OF SE 1 ''. OF 12407 148TH SE' SE /4 LESS`N 168.05•FT: ' 1 f: ,' RENTOtJ,WA 98055 E 3 2.15 FT THOF, LESS CO R 102305-9032-09 ' 10 3-05 9032 •.. 09.:.33 81 T 4342• a 1 4 t# t i14': ''." 141470` RENTON EAST E 2 OF SE. 1/4 OF SSMT1P4SOP '. 80 1 43401. 'c'r I 7265 E MARGINAL WAY S SW /4 LESS CO RD E I •h; 131419 13',:i5 SEATTLE WA 98108 CO RAMS LN 102305-9033-08 10-23.-05 ''9033 1. 09.533 8 . T 4342. 19 eM 375r5,i 143' ' FIFER LAURENCE: R .C0479 LOT 3 REVISED KC SHORT PLAT N 14325 SE '125TH, 77 004 AF #7904120866 SD PLAT 8O 1 4342E Q(., 50E70• 5 ' ' RENION WA 9'8055 OAF S 1/2',OF'.NE 1/4 OF SW-1./4 OF 1 .23,2. : SE 1/4 LESS'W 160 FT OF N 110r F,T TH F;.' LESS W 210 FT OF.S 75 FT TH F'LESS CO Ra I '. . 102305.-9034-07,' .. I 10 23-05 '. 9034 • 09.53.3 81 T 434i1„ 4 9gL 2 • ' . i 43r, 412163$ ' G M ASSOCIATESC0979, S /2 OF NE.'1/4 OF SE 1/4 OF 0 T 434KL- 2 , 115 108THAVE NE SW '1/4-LESS W 42 FT :FOR CO RD 2 5-5'035-06f 10 23-OS 9035 09.533 81 T 454 j'S 54815 . I. 5+815 V..t11C :•MIICRAEL F C0480iE /2 OF SE 1/4 OF SW 1/4 OF 1 4202 SF 12$7H 57 SE 1/4 LESS' E 90 FT OF W 120 FT i,a i - 980551 OF S 160 FT LESS CO RD 1 73'25-4\ 515-D5 10 23-05 9036' 1 09.533 81 1 1.1341. 19800 ' z,•• vc,:P1177 [,I 1/4:OF c, 1/2 f1F NI.1 1 ,7, (7r 1 I r,o.tl r, Pioneer National Ti le Insurance Company REAL ESTATE CONTRACT WASHINOTON TITLC DIVISION THIS CONTRACT,testis and eataad Into ebb 20th day of August, 1973 trim ROBERT H. LONSDALE, a single man CD cep relnafter celled the- "and John D. Nnnro and James A. Beattie, assTenants in Cocoa rdnalter called the"purehasr," rAtivatx_' WITNESSETH:That the seller erne.*sill to the purchaser sad the peke!,pea to por er feet rho ROM Os Wenn I• , real estat,with the appuetoeoo t,to King CMsitr.bless d weer the North 110 feet of t1}e South 360 feet of the Nut half of the last half of the outhweat quarter of thl southwest quarter of Section 10, Township 23 North, die East, W.M. in King County, Washington; EXCIPE the Nest 173 fist thereof. TOOIIlii ith an easement for ingress and egress 15 feet in width over, across and epee the following described real estate in King County, Washington: Over thelonth 220 foot f the West half of the East half of the southwest quarter of the southwest epartar f Section 10, Township 23 North, Range 5 last W.M., in King Cotmty, Washingtom, he centerline of which is defined as follows: Commencing at the southwest commie of said Section 10; thence South 88' 02' 43U East 821.38 feet; thence North 0' 17' 3266 est 30 feat to the poi t of beginning; thence North 0. 176 32"Nest 220 feet. , The terms and conditions of this contract an as follows:1fe pardon pelos Y Sin =VIM 1101 r — TWENTY AND NO/100 ii 16,820.00 )latlmm l.161 ONE THOUSAND,AND N(/L00 1,000.00 )tlslalna been paid,the r•.alpt whereof le heel y acknowrdaed,and the herds at add purchase one dig be old as ham Min HUNDRED FIFTY AND NO/100 -- RI 150.00 lal or more at purchaser's option,on or before the •lido O labs thda of September 73 and ONE HUNDRED FIFTY AND NO/100 IS 150.00 bbrsm or mere at purchaser's option,on orl before the 1'81141 20th day of east aeceaaaa coked*meal ma tY Adana al call purchase price shall have been fully paid.The purchaser further apes to Wine ee the duke dies babas at sail Saran 7p at the rate or B per event per aauum from the }SeIQ dal of ALgnat which Interest dal be deducted train each installment payment and the hOh n e of each wane applied Is redatdes of pladol• All payments to be made hereunder sl au be made at Pacific Coast Investment Co. 315 Norton Building, or at such other place as the seller mjjy direct in writing. Seattle, Washington 98104 BUUR ACENONLiDOU/ Till PACT THAT ai i&iNO ON SAID LOT INCROAC81S NORTHERLY for LIIM. ES T4 r Ate pi, ``` 0 5i:l' ,--..? As referred to in this contract,"date of dosiat"than be— E j I)The purchaser mem and agrees to pay before delrrquency d rase y, bet sbegrantorandgra hereafter become a lien on mid reel estate;and if by the terms of this at of any mortgage, contract or other encumbrance,or has mo ==mend of or agreed to purchase le lot' wp• M!) ,to now a lien on add col estate,the pneelnett agree attopaythese before dellaVoary. 21 The Parches?apes,raf0 the Mahan pee it fully paid,to keep , I .,.•ter placed on said real estate actualtotheaaal ask aka Motet Spiel lea ear&mama by both Are and windstorm In a company acceptable to the seller and for . the mikes bent,as kin Went any appar,aid to pay ed punkin therefor and to deliver all polities and renewals thereof to the seller. l)The perclear nen that AO=pee =of said red Mate km been wade and that neither the seller nor his assigns shall be held to any cs evaectie the easdden el any improsemenb berme nor Mal the purchaser or seller or the assigns of either be heldtoanycemeaaMSieareaeratfeeahav5ena,`psremob or repay madam the covenant or agreement relied on Is contained herein or is b.whim awl attacked r madede a pat el this antmri 4)the pare a ammo as at image to et detraction el any improvements now on said real estate or hereafter placed theme.and et the Col of acid atah amr pm art timed for panic oil.;and agree that no such damage,destruction or taking shall conic s a teeae el¢wdiaatia sit ease any tagemels•li l elate is tkes dac public see,the portion of the condemnation award MINN after Sepias of eeaem'el.----a de see aid be pre Is the seller and applied as payment on the purchase grin keen mars Ow sir deem te'aaer the weber se apply el en a petiw el inch condemnation award to the rebuilding or restore. inn el ds of such i ee seeweft lelaaa alenmelalilleachWaslaamalamemeweaaaeakta+el pa ea to de.sedb s or rebui Wined wrest,the iding of such ingromemmen=bin a saamk!sr sagas presdaae Ada that add psoede Me he grid to the weer for applcatb theofe winsgemlotthe sae tea Yoder e!apes en edee ibis ts daps ed eta den as Min a,e room paky of Uri inurenre Is wswderd e....en a eaaima' ____le Iwo w.r. me."sir.. Iaarkas tar per,tt the fan sent SiTdprnbmeeatenawi•ae`w b moledensaa! e n sinmse so siY:e1s r n el tee wee of deity ad conakaina no asmeleea era ern the Aitlram a Ileeraeeown iettaaselsl b en)P4fate.. keen•artlike_ Mi r aim tots et Mb mime the Seem!in en Stoma.or a ee Will the...—,sae kar"ade ta tit lsemlenkbett moil ppa eealW eaaairea eeeaM SOPlien nisi te owideere same rib ohms.me am tromp er ein elamen woe! ha*tasreaaeaee>/ed*lap.Sweep wren les ell crease all Mr pi.r a(At MI to fawn Men is n e/e tell! 01 II -. 'a lkll I.said real dens is subject I.ea ailing contract sr centrals under which ether I.purdadag amid red estate, or any sow r other eb11 a11aa,width iglu b to PI,ruin area I.calla ouch payments N accordance.,.r,the term,fanol,sad upon delay ,the parrban:ghat haw the right(silks soy.pymMb Moms'tUt usaw w&kilt,and our poyrrsta we made char he applied I Ills payments neat(aaat der lhb..Wu mar this ewtrM., Mat Islamise Is the punts above a/nlled,to owed,sod wino,s em inch•M fall the percher prise deliver to• relator a Wlntary_wama$y_ dud Is rid nal estate.na$loi say gat thereof hereafter lateen for• .tic use,free of aaabrasas asp say that try attach after de a if doting through ally Ross other thin the udar,sad subject to following: of NW mel stele es km al&Mg and to mu •• a differenta data Is long as purchaservided forate in delay M M and r.The pry seuruU to tap So MIMS/act.Ices lmprria- mints on • real slate In pad repair and to peak waste and sat M ere,or mash the us she(As emf a his Is,try Mild purposes purchaser covenants to pay all service,lastalYlba or coarlrrsdla dar/s for water,way el.Wldly.wimp of*es riMiy services f •• •a aid real state after the datelpurharr Is entitled to peMelaa, 9) ,are:the pnubaaer full to mho any Meals or to.11.1s a tesueac,as Web Mgb ad.IM MNtrotidlert such pa „ or alert ach laintaw,and any as paid by W oh,,together vllb Mesa at Ito rats f0JIr gar mess Saves from dale.1 payment all repaid,shall ho by plechasr on aaim's amod,.1 without pigmies to ma NW staid the oils might ha .by rasoa of such defers% cols are prism or 110)'ling is of tb moo of thb as •teed it le Mad test I.am the massyIhdl W esI. apU condition .r agtsaent banal or to oaks any t required hams&pnep*y at the thee tad to Me seem huh en=e seller may elect to declare all the to hasuoder assisted,and upon IdsIabp ea.v sods fig sea hereunder nd all Iopawmenta played upon real estate shall hs IorfdW to Se Mkt es dames aid rr Ms Y have right to re-enter tad tab passion of the state;and no wait:by the Mier of lay dldt tea IN pest of IN Mesa tie be co. ••as a waiver of any subsequent dataalt. Servi• upon purchase of all demands,notlai or other papas with napsd to fedelture Mid IMn laOa eel ptdssMy Mils ern/YmadebyoiledStaleMall,palsy pre-pall,Moro teats restated.directed to rho paduNr at W addles Me Mo..s.So Moe. II) lien seller's election to bring wit to Inform say commit of We aattad.Sddl.g Mt to affect say ppainlraN1hereunder,the purchaser agrees to pay a amenable sum as Mossy's fees ad all cats sad spas to cometlm sales esc Mr..YS sums shall be included In any Judgment or dccrealentead la such suit. II the seller shall bring cult to procure an adjudication of the tennlisWa al lhs prdua's ddils hanu.d i.mid'Nd/r.i banentered.tie purchaser agrees to pay a reasonable sum as attoaaaayy's fees and all costs sad spew r teasOfas with sods suit.MildesthereasonablecostofssichingrecordstodeterminethecolonofpuleatthedaissuchMtIsaasaaad.ah(A sew doll be included in any Wariest or decree entered In such salt. IN W1TNMSS W HSRItOl';the palls hare o have en cuted this\ -, of the dais flit weYba drew. 1'n D. tit final . gs. Ro.ert caw H. nadala STATE Cf WASHINGTON, se A .„ et r .,. . -..dlsok County o King f' w a=U. On this day personally appeare Or d belees me Robert H. Lonadale a sr 1 to ins b swa to be(hi Individual daalbsd la and who ascuted the within and(ongoing Instrument,and -that he aped the as hiss free and voluntary act and deed,ter therein mentioned. CIY IN under ay bud sod eedal sal this -oan day.( August, 1973 w_...... Notary Public In. ler rill..$WuAlntbn, V' Ras MUM gigtiau Alf - v I W71_Tuts r s. •. h1-SRI)g'ID AVM ltegl wmerpa r, ie 1o! f a ipN l l : 1 J i s c. ,, . e;tg w Jla 1p We RerarwM ere!P P4 wassateasear,waawnwww 11101111 mina ims Pion MIN I ,v •''• 1' aaa est•IaWtab/Yw,Ow. Al I.:, A ; . T.TY V6t 3-3 3 - Zfroie, riete \-1, si .• AsS`'`. , L.1 , N• 1.if , 0 \ 1 ) 1 OA 102 11 1'. In gE . . J 51sop 58711 I,• , I. 1_ _ ._ _ , . • I 58711 77------,\ I--,-----Yr'' ::-A ' N*1\04 0 kVi ... i. - ' i I OAN tio ilt. r,-• f•it:\A, I- WIlIfiffEWI- T • i SPEC AS Mir' rt)Tni, . ' 1/..vIr 0,4 o I,----.- 99 699 1111T 210 4 : 1 . : • ' . . i: ,', ,.\::',:::NIA'ftS ION: M 7A , 1; Of ,,' 140 VT.01 WI:10 FT I . 1 4080.: .6400 . . '7'1 : : 54002 . • I.::+:.\ ;Vt-,':•:" - .• OV. kb1 ; 41.> Of--Al 1.?A Of NW 1 i OF I ; tf.,,SS• t.,) HO I 0• r=". 1. ' : . '• •• INV' ' 912a. r 533 81 .T •43,4 L 1600 ---I __ ,ka-th< AON ,-:„. R077/.N1119 VI Of Nt. 14i4 OF SW t4 OF I .50700 --748 1 lo 57411."41 11S1N ST S'44 1 ' Of Nt 1,41 41SS E 1 ‘) FT a) 3:1 1 ' RENTON WA 9,4tOSS 1ESS. .0 R05 ti • 1,--.. C'• : • ns ' ca' : 1 IgE • : TC‘2305-94-01 wi.)30, 9s2-5-7 09.604 81 T 210 L• 17600 491- •' ....,' -c 1691 DCNNER LES A E 265 Fir OF S 11V ;FT. 9F N'629 FT 80 T. 210. - 1700 . 7-5,A4..C.-.6 "'..-- 0 5342' 12S-;.9 S E 7;140 " I .I OF NW 1/4 Of. SW 1/4 SW 1/4. 79 T 210 3000 .'-'533" co 1' 1•1 - 53351 ; tiENT0N WA ,, 980S5 • 78 T 210 5000 g •77 T. 210 3000 .r4 : tu 76 T 21001 . 1000 . 428" c::t 42851 ; .. 102305-9330-08 . 102;3' S 9330 9.533 81 T 4342L 1-11000 WILSON ANDREW R10711 N 80 FT OF S 160 FT OF W,30 FT . , 1 60900 .685 ,a, - 1 68542 ; 11418 142ND A,N,JE SE OF N 1/2 Or SE 1/4 OF NW 1/ OF RENTON WA 9110551 NE 1 4 LESS CO RD : . 102305-9332-06 ; : . . • ' 11023 5 ' 9332 09.5' 81 T 434A_. 10300 . • ' ". 1 ' 1;2 ONGROLT LLOYD 'C10771S 68 FT OF, N 178 FT OF W 150 U I 64700 ,. 7149 .•. . 71497 . 11414 137TH AVE SE 1)F E 1/2 OF SW 1/4 OF NE 1/4 OF RENTON WA 95955 NW 1 4 LESS W 30 FT,,I. 102305-9333-05 1023g5 9333 . 09.609 8 - T 21004 5900 • 5669 I.. q,,, t1BEHSEDEANPC05801.1 11 FT OF S 470FT OF 'W.1/2 • 1321 177TH,NE OF Ei / 2 OF SW 1/4 OF SW 1/4 BELLEVUE WA 98008 LESS W'175 FT 8•LESS E 98 FT OF 1 . . . 273 T OF N 60 FT THOF 1 - 102305-9334-04 102345 9334 09.609 81 T 21401_ 12500 1 12011 LEVY ROBERT E C03781 S 1/ "OF W 1.2 OF E 1/2 OF 307 LYON BLDG ' I, : : - SW 1 4 OF SW '/4 LESS S 470, FT• 5 607 3RD AVE . . • LESS N 152 FT :IF .S 622 FT' OF W SEATTLE. WA . 98104 175. 1 THOF ,- 102305-9335-03 • '. . I • 10-2 -05 , 3.5 ' 09.533 81 T. 43424 • 399 2861', BRENDEN MARSHALL M C1274 S 30 FT OF W 170..0 'OF N 1/2 80 1' 434iL ' 30q 454f•F " ., , '454, • 18205 SE 128TH OF NE 11/4 OF NW 1/4 OF SE 1/4. 79 T 4342L .300 I 54 546 • . RENTON WA 980551 LESS CO RD 1 102305-9336-02 10- 3-05 9336 09.533 81 T. 4154 _0000, • i 111- DUNCAN CECILIA C1074 N 255 TT OF E 1/2 OF N /2 OF .__ • . I 56800 ' 45377, : 45P7 707 16TH AVE E I: NW 11/4 OF NW 1/4 OF SW 1 .4 LESS I SEAT T LE WA ' 98102 N 115, FT LESS E 176 FT • 102305-9337-01 I 10-23-05 4. . • : , 9337 0 127S 51 I. 4344 11410 SPIRY W H ' • ' - IN 132 FT OF-W 180. FT OF' SE •:".4 OF . 11 59 ,II .:5024 :. 50245 • . 11808 142ND. AVE SE. ISW 1/4 OF NE. 1/4 LESS CO RD RENTON WA 98055 . • •• I. I• ' 1 ' 1 0 2305-9338-00 I 10-23-05 9338 „09.513 81 T; 4344.: -'- 0.#° I. ; '. . • WOOD.MERLE J - 7.• 11751E 7I:5 FT OF' W 107.5 FT OF 1 . ,1... 5 st,i s 56054 '.•• • 5605'4 . 12255 142ND AVE SE ' N 124 FT OF S 154 TT OF E 1/2 I 1 ' I RENTON WA 98055' OF - 1/2.0F SW'1/4.0F NW 1/4 . 1. I OF E 1/4. 11- 102305-9339-09 10- 3-05 9339 09..533 811 T• 3424 • "•* MARLER H E I ' 361276 N 65 FT OF S 115 FT OF E 1/2 OF 1 : . I 5144 7770 -,,.. 12251 142ND SE S 1/2 OF SW 1/4 OF NW 1/4 OF R. C E L -0 0 1:1 Z.; 1 N I..1 E D ON • N,. 1 - GAL DEISCHIP11-0-N 14 AI I ' I X VG 1 IA101 i 1 00E11 lAt •- -- LL Vir !;11.. 111 -S. li VA I vnt um 4 \ ' \„.„ s,. „ • ,.--.., .... LE- i WA 98055 SE ' /4 LESS W 185 FT k, LFSS 1 i 1 . 7rTr i 1 Tit!yq TiaetawseCa,ag y nsasaeElriDso®eoeremooemers 4 1i FRFD NM MONO TIECU MT OF i rlt.tiL K a <.:ro er r. :Jr3r oG Td. g 1.'-i\:S.;?• :ICA TITLE a jQ rrFEN RECORDED• ,• TO SU• •!. ,.(.V\.PHNY we...._..-`( r Dls IALJ r ..!:: t._ :e DIRE.Cr:;c o=,:3R4': r y+-(r ELECT!f?!i:. r,rp0 co.mi. co , ioor.es._a.W. . 906 Ll I S. nePUTY o t 5R (er ems.ztt... ='.1 l_r_I R `'e if 1 u 1 _ I, m Statutory Warranty Died THE t;• ,A LAKELAND INVESTMENT TRUST for and inr+e,eitte .ticmof Ten Dollars & other valuable consideration in hand pail,come and warrants to DEAN P. BEHSE and CAROLYN C. BEHSE, his wife, i; the following.. .. bed real estate,situated in the County of King State of Waahin gton: r The south 65 feet of the North 694 feet of the West 305 feet of the Southwest 1/4 of the Southwest 1/4 in Section 10, Township23North, Range 5 East, W.M. I EXCEPT THE Westerly 40 feet thereof for Union Avenue N.E. Situate in the Countylof King, State of Washington. NO/S ALES TAJC 0 E'491327 AUG 181978 o OF THE COMPTROLLER tea:•causty.amino. Dated .iHee A F /4.. ._J,19...78.. A4/,,,gyp /K .4,.,1- 7Z)— 4 STATE WASHINGTON._._._. STATE OF WASIIINOTON TA Kin •- • • •.... ` COUNTY OF ___._._.._......_.._._....1 ` On this day personally appeared before me On this of..._._..._. K/,,,... .. rbeforeme,the undo a No in a•.__._. sla .J2.ahalf lo. ,T... tart Public and fan the ffw..r W..! Y-ye.. e.._ hytaa,duty commissioned and sworn.Parwraauy apandtomeknowntobetheigaividualdescribdimsad who executed the wt t dS.g instrument, , and and aclpowiedged that.: ` eregoin the President and. .Secretary, • a Fi Iget,aid t j ntary act and deed for thn uric,and tiide t e corpora, of purpoeer., rain mentioned.the rpontian that executed the foregoing intruseanR and eeknov:ledgd y,the old instrument to be the free end voluntary eel and ded of at tation,for the uses and purposes therein mentioned,and WI oath sta ed ZI," r I authorised to execute the said instrument and that thesealaids]at,eel this I affixed fa the corporate seal of said corporation a ! . ia7,t. Witnessmy hand and official seal hereto axed the day and year Am! lilceabovewritten. N Notary Public in and for the Stab of Waetdngkvt, leo.. otary residing Public i rn and for the State of Wig& t residing at oa I r.na wwu a...Me a_ d . t -- a, mealZ `"" r c, ci M0 savewus ars,va PIONEER NATIONAL Y;, TITLE INSURANCE ENTHISSPACERESED REC ORDER'SCORDER'S USE. - - A11Cn5 COMPARV Filed for Record at Request of t.o Ci 7 I AFTER RECORDING MAIL Tr t-, c., , U2. o z as JAMS R. BEATTIE l 1 12803 N.E. 141st Ct.. K rkl nd, W 98033 rig 1 ti 5ii d FORM L58F O Statutory Warr ty Deed as r THE GRANTOR ROBERT E. LEVY And GERIRUD S. LEVY, his wife i o !mend inconsideration of Ten Dollars ($10.00) and other good and sufficient consideration in hand conveys and warrants to I J B. BEATTIE and L y ^wife, the following 1 described real estate situate the County of Rf—,State o as on: I THE SOUTH 470 FEET OF THE SOUTH 1/2 OF THE WEST 1 2 0 EAST 1/2 OF'THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP23Ili! NORTH, RANGES EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE.WEST 175 O FEET THEREOF AND EXCEPT THE SOUTH 360 FEET THEREOF AND EXCEPT THE EAST 98 FEET OF THE NORTH 60 FEET THEREOF. TOGETHER WITH AN EASEMENT 15 FEET IN WIDTH FOR ROADWAY AND UTILITIES - ACROSS, OVER AND UPON THE WEST 1/2 OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, TIlE i CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 88°02°43" EAST 821.38 FEET; THENCE NORTH 0°17'32" WEST 42 FEET TO THE 7 q POINT OF BEGINNING; THENCE MORTH 0°17°32" WEST 580 FEET TO THE TERMINUS OF I, SAID LINE; EXCEPT THAT PORTION THEREOF INCLUDED IN THE HEREINABOVE OESCRIBEO•MAIh T_RACT._ (T IOr 333E IN SECTION 10, S VNSHIP 23 NORM, RANGE 5 EAST W.M.)i This deed is given In fulfillment of that certain real estate contract between the parties hereto. jII dated June 7, 197g , and conditioned for the conveyance of the above described property,and the covenants of warranty herein contained shall not apply to any title, interest or encumbr4nee arising by.through or under the purchaser In said contract, and shall not apply to any taxes, assessments or other charges levied. d or becoming due subsequent to the date of aald contract. Real Estate Excise Tax was paid on this sale or stamped exempt on June 9, 1978 , Rec. No. E-477848 Dated this 51.1 day of November, 1978 STATE OF WI""`"• Seal KING County of Seal) t. On thi, 5th day of Novelther, A.'D. 19._., under- i signed,a Notary Public i and for the State of Washington ed and sworn,personally api eared Robert E. Levy t c', ./ lv to me known to be the individual described in and who executed the foregoing inatrmsot for nd as attorney Ia tact of Gertnld S. Levy. his wife also therein desertted,and ac • • •• I ". that eta aitnad awed witledlthe sane MI. his voluntary act and deed and as the free and 1 ' • US •deed ' of the MildQet- --- Ievy for the uses and ptrposes therein 51 ,dotMJ;'aeon oath stated that j t of trtorneyastbririnstrumenttheexecutionofthistrumeetlamsotbeesrevokedwalks(the said sex uwS. bevy O.ow l.,eg. VITN isealaatLewdmeiatialsbereft nixed the day . . ! ton • ,.. a e - -' a.maws i1'.Fii;S llridttstalf go IL nr ft s at Ifel:erne 1 Ii L 3E 'Staimaelegamaux byffi cc:s J__...c-r.-. -•Fa—. Yw+r.-Fr_.orm:TI3e temarrr_e QLOAAK a 1Ni W .lAM NACHTMAN WAYNE C 7 19 ill 7 — 1114 7 6 1 i ZPT DIV MO B J D123577 w--t173cPT'EZt_T DEDWAR BAKER DONNA MARIE PIELE ROBERT M 713; PT•F'LT2 DEDWAR BAKER DONNA MARIE PIELE'LESSTER LEON7PTLT3 - MTG FI LAURENCE R+ FARMERS &,MERCHAN 1 • .:1 ' M LUCRs BANK . y RC LUCAS BK/W 1 1 $ ` .; -1`, s' 5 ? DT LUCAS BK/W 1'1 1Az . C LUCAS ' DOVE119cQDEDQCLBANKWESTLUCAS,CHARLES F 4 ,,, 0DDREL DICKAWEST •DICKA'CHARLES F rk 2, , ilh5e= 9' DEDWAR DICKASON NOLAN E+ KING—COUNTY GOVT 4 1977: ti; 2 3 5 , ` 7 2t' CON DICKASON NOLAN E ALDER GROVE 7 75879.. .EZ AC PCICOLONSDti59UEZC'• LONSD t t i, z 5 EZ 1.)-. PCICO MUNRO L696D-. I 1 g 1 sz ti 1 1 t3 5 9' DV' MUNRG D5 DIV MUNRO J D 6b77J M 1 7 ` t r - 1 5 9' 21 EZ •EXC SHERIFF i3 z I, EZPT DEDQCL DISHNOW JAY V JR LEVY ROBERT E o2354EZPTDEDWARCEARLEYMAUDELAPLANTELLOYDP 4 • y}.• EZPT TDD LAPLANTE LLOYD P. UNITED SAVINGS LN r'i% 3 5 9!]4' EZPT DEDWAR LEVY ROBERT E+GER BEATTIE JAMES R r1;,, 54•, DEDWAR LORENSON H C LAKELAND INVESTME . DEDWAR•LAKELAND_INVESTME-BEHSE°DENI P-', 1'I i3 5 y? St1 MI6 . KEHL Jut M+Lt1MA WM ir,,iuv Ltrlfrw ...1'`I 3 5 '3' D TINSL TINS TO, II rES L J PT MTr, EC LUVD DARVIN D+.DjRAL,FINANCE CO G; 1L1 C5 . r PT DEDWAR GULF OIL CORP , B/W 1rt. 4 5 90 ' DEDWAR ZIVONOV LUBO.(HEI RENTON EAST 11 I TDD ALKIRE DORYS G M.ASSOCIATES jilt. . 7 PT&EZ DEDWAR WARNES SUELLEN SCHNEIDER JOHN E i 1 7!. • ' ' ',1 AC. DELVA GRPNA ' 1 ' 5073i^ ,l I. / •5 r AC DELVA OVER_ 1 Q [ 5 I a D • GRAHA VALLrEE1.I 23 5 3 DV OVERL SCD41 1 i:;. C4-` H 5 DDVVOOpVER SCCDq4 1 1 7 i4-5 I ..$ DEDWAR.PMB LASEN G. I P4 CON OVERLY CHRISTOPHE G M ASSOCIATES• D LA141 DICKA i 4 f PT&EZ TDD SCHNEIDER,JOHN E+ PACIFIC WEST MTG . EZ C. LESH .HERTE tII9': EZ C LESH HERTE 1 EZ MTG HERTEL h1 J SOUND VENDING RET i, I EZ DEDWAR LESH LILLIAN RUTH HERTEL MICHAEL J 1Z ) ktl I 9'93. PT EZ,'" TDD : SARGENT DON.ALD L+ COMMUNITY BAN: RE , l `.• 1•l s D ROWAN HHEIRST J LL 1 71VDIVREEDHJU795di :J4 5 ii.J21I,9—'Sl,. r C 2- ACREAGE FIRST A+"•tERICAN TITLE COMPANY ,KING COUNTY 0JLf29/8 '. .i 4sE : C(' PZ1 RNG G+}V/PA'CEL OTR PLO TYPE 1ST PARTY 2ND PARTY DATE ' DON)L OANTeP.E 9u 9 . .PF 0 1 . .ST11q( ICJ Via'r 9 9 PF 12 .1 1F+49 1.1 35 L i 9.%0 UDI DEDQCL.COi ASURDG.D J • BRIERE F J • 6 197,,55 pS4'CON 'BRIERE.FRANCIS;J+ BRIERE JAMES F 1 '1977` v , AGRWTR BRIERE F U+P EZ G P BYERSDjRFER G P SARGEANT D & r Lf ti PT C WILSO BE L 1N rf>l d 4' DT BELL FS 19zr4, - .. D- WILSO BELL 1 1 77 ' . EZPT • D'. t1UTSC ROTH .' 1 197‘ ' . • EZPT, DT ROTH PIONS .. r. r74,, J 1 . Z '.-ef p+ SC GULLI IN3148 4 7 (ii u8--, e 4„' DT BELL G F AMYL IN Al INf S , r Y R gg 7TDDRELBELLG7501L4:J)J7 1 i 7i .,),`,. 1„,.;.i rit r ,i, 7At •rr, '`,, ', P, ')77 ;''q v i. 101 , 1 _ 97.127F, 61 T 685 li, 1 '19_1 . 2 . .. , •F.__30 - - 2273, -:,----- , . . N 17 11T V. IA, ' t. A t!ISi' 31 IN ,-..::\ 4t0 WO. 1 X41,91 PIIT1AhkY /I ' •. „ 9022 09.760 81 T 685L 3410 3328 1/:•Of N 1/2 OF S 1/2 OF 2.\:: ,,..:',1'.4 :-11. •N 1/ Or E 1/2 OF SE 1/4 .LESS CO • • il • (:1 \,, '.• VON tA i8i)S":5' .R0 t oaLt POR PAR1IALLY EX k•,.. UNDE.' I‘CW 84.36.381 THRU' .389 • ' NOT INCLUDED I • 1 1 .• I ,• - - 1 . 3-23-05 N ' 9023 07.127S 81 .1 685-L 10.051 N 1/2 OF 1/2 OF N.1/2 OF •1 2 2708 , 1 Z7Vi3. S,E NE.1 4 OF SE-•1/4 LESS CORD , ' Ri.:NWN WA. 9,6055 l'AX POR PAR EX UND CH 288 LAWS(• 1 0F1, 71 05-4023-83 10-2 -05 9023 09.760 81 T 6854L •34100 .332,3 ' ' - '(• 332.84 VI HILL RALPH N 1/2 OF'N 1/2 OF N .1/2 OF • .,. 1.1_1:7:013 148TH AVE SE I NE 1 4 OF SE 1/4 LESS CO RD I • • 1'( . ' '': RENTaN WA 98055i TAX POR PAR EX UND CH 288 LAWS .1" ' 10F 1/71 NOT INCL 1 I '' 102305-9024--09 10-2 -.05 9024 09.533 81 T434241. 25••• ., • , . •-.- 1 . , . , : ( BA'...KO HENRY •1180E 1/2 OF SW 1/4 OF SW 1/4 Of 1 1 101111 .. 12106 . -'.• • • 121069 ." f -P0.60X 68562 . _ SE 144 LESS N 210 FT LESS i 1 ; • SEATTLE WA 98188 S 220 FT LESS.CO RD F ..L. • 162:505-9025-08 10-2 -05 ( ... 9025 • 09.533 61 Ti 4344... 1000 PIELE LEONARD L R0379.101 REVISED KC SHORT PLAT a I. t 1 - 169oo • -26502 ":. . 265021 : 14309'SE 125TH ST 7760 4 AF /7904120866 SD PLAT .1 •{' - - ' .' RENTON WA 98055 OAF . 1/2 OF NE 1/4 OF SW 1/4..OF 1 1 1 '.• ' ' SE 1 4 LESS W 160 rr OF N 110 FT '. :. 1 THOF g LESS W 210 fILOF S 75 FT i THOF LESS CO RD 1 ! 1 1 i 1 ! ( ' • i - 102305-9026-07 • 10-23-05 ' 9026 09.760 1111'166551 14700 . I DOVE BUD D 1 E 230 FT OF S 1/2 Of S 1/2OF : i ,_ '1 4. 4** 1 562471 . 5.82671 12239 148TH SE 1 NE 1'.4.OF SE 114 LESS S 130 FT .( 180,.t 66551 • ..4,4! . 7 . -" . - RENTON WA 98055( LESS CO RD • . 43756i . F : . -4.35il,: Ili 1' 6855l . 1+4+1 • • : ' • • ' ' • I 1. tei . *4°4. - . ; IF :. • 38909,, 34 WM f 102305-9027-06 10-2 -05 9027 69.533 411 I 421 , j . . : : ' . , .,,,',7.7' a ALKO HENRY , 11801W 1/4 OF SE 1/4 OFF SW 1/4 OF i • , 1, ' 59DIPU ' 89131 ' ' ' .. 07Y). . PO BOX 68562 SE. 1 4 LESS,F1-252 FT,LESS CO MS:, SEATTLE,WA ' ' ' ' 9818.a :. 102305-9028-05 ' - 102315 I 9028 09.40, .en iziOni . 14 4* BEATTIE JAMES & MURRO JOHN R084, N 11* FT OF S 360 FT OF S 1/214"' , ( 1 , - 1 i • : 4804 , 48045 ' (. 12803 NE 141ST CT OF 1/2 OF E 1/2 OF .SW 1/4 OF ,80 It 21001: 5 4 i' P'A ft (ft - CO N11..1 N 6 E 0 0 % ,':Pi LEVY 5R at S LEVY VALUATOIS 'GEN"''TAX [.SPEC AS'AT . -'TC“'A:. • .,..;43. NI•V,,.0 \AV &aDn-.;....SS i Ltc,,t,_laEscRri.--not% ' RATE EX ,VS! T , CCOE LON°I IMPS • :., • I in.i. '," . 3349KIRKLANDWA9803VSW1ILESSW175FT to . , 0 , , 102305-9029-04 36010-2 -05 9029 09.609 ••811 T 21s* 67'11 • '§360- .' LORENSON H C ' Z0876!.S 65 FT OF N 694 FT OF 111 305 FT - "f,T 2100jL . Ili . . .721a • ' IF • • 218 .• . : 10901 SE 1681.14 , - I:OF S 1/4 OF SU' 1/4 LESS CO R11 .•, .79,T.2100L ill .' '88911 - •• "F ': 8891! RENTON WA 98055. 1 10-23-05 - • 9030 69.70v 81 T 685 544'' • j- .r, 102305-9030-01 KEHIi. JOE H 1 S 1/2 OF N 1/2 OF Pt 1/4 OF ._ 1 I 40 .1 -9242 1 . . 1 30 M1RhJONTE CT SE 114 LESS N 132 FT LESS S 90 F . 1 1 - • , . 1 , SAN CARLOS CA • . 94070 OF E 174•FT LESS CO RD 1 1 I : ; 1 ' • I 02305-9031--00 10-27-05 9031 09.760 181 T 685L 3531i 34451 PRESSLEY DAVID S - ' Pi 1/2 OF NE 1/4 OF SE 1/4 OF 12407 1.48TH SF SE 1 4, LESS N 168.05 FT OF I •REN1ON %Jik 98055 E 30 .15 FT THOF LESS CO RD 102305-9032-09. . 10-2 5 . .' 9032 09.533 , 811 T 434 ( 12,20 l • 141470eivF.N1ON EA,ST ' ' E -./ OF SE 1/4 OF SE 1/4 OF I '1 254.1 t .14147 77(..,5 E MARGINAL WAY S . . ' SW 1 4 (LESS CO RD. ESMY- P S ,P g,0801 i .434 L 850** , .' . H1.1;1419 •,.-1 r, i mF. .,0„ 98108 CO I ARS IN: . - •1 1800: 13141 1f,, 1 a I M NCO j U. ALTA OWNER'S POLICY NA1).. -, , , FORM B - 1970 AMENDED 10-17-70) 0z861 s I dW4tlL. Ill AI) 3.1 al ill , ; POLICY OF TITLE INSURANCE ivolNaa do ktoa issued by • SA ECO TITLE INSURANCE COMPANY SUBJE T TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHED LE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, SAFEC TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the,Co pany may become obligated to pay hereunder, sustained or incurred by the insured by reason f: 1 Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4 Unmarketability of sucf title. In Witness Whereof, SAFECO Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. liveoiQaonsof .ltiW Secretar President f. TP-58 R1 2/79 PRIINTED IN U.S.A. I z. tronttnuauon or Ins ranee after Con- ' iilsuieu, Is relectea as unmarketable. If such ceeding, in effecting settlement, 'securing evi- veyance of Title ompt notice shall not be given to the obtaining witnessesor ,proceeor pdrosecutinging, andthoreiimpany, then as to such insured all liability nding suchactionThecoverageofthispolicyshallcontinueinoftheCompany_ shall cease and terminate_ r?_ SCHEDULE A Policy No.: 452375 Premium: $ 1 ,284.00 Amou t of Insurance: $550,000.00 Date of Policy: January 29, 1982 at 8:00 a.m. 1 . Name of Insured: DEL:ERT C. BENNETT and BETTE A. .BENNETT, husband and wife 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy ve ted in: IDI .0 PATAS and TOULA PATAS, his wife 4. The land referred to in this policy is in the State of Washington, Co my of King, and is described as follows:- SEE EXHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF Policy No. 452375 EXHIBIT "I" PARC sL A The orth`L2,00 feet of the East half of the East half of the Southwest quar er of the Southwest quarter, Section 10, Township 23 Nortr Range 5I East W. M. , it King County, Washington; e-. EXCE'T the West 1'30, feet thereof. t" PARCEL B ge the Northeast quarter of the,,,Northeast qua- ter of the Southwest quarter of uhe Southwest quarter, Sect'ioon 10,,T"ownship 23 North, Range 5 East, W. . , in King County, Washington; EXC:PT the North 200 feet; r , EXC:PT the West 130 feet.µ ,,, o''' PAR' EL C Vim. T•.The South three fourths of the East half of the East h'al:f, of the Southwest qua ter of the Southwest quarter, Section 10,,_ Township 23 North, Range 51 East, W.,M. , in King County, Washington; EXC PT,the South 42 feet conveyed to King County under King County°',,.,Re •rding Nos. 5738287 and 5738289. 1I PAR EL 0 Cfti....9i3IL.': Aie-Vi L.. r')The South 250 feet of the West half of the East half of the Southwest quarter of the Southwest quarter, Section 10, Township 23 North, Range 5 East, W. M. , in King County, Washington; EXCEPT the West 175 feet;EXCEPT the South 42 feet conveyed to King County under King County Recording No. 5738286. s SCHEDULE B 1 GENERAL EXCEPTIONS This policy:doe- not insure against loss or damage by reason of the following: 1) Encroachm-nts or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat, conveyance or dec iee of a Court of record; rights or claims of persons in possession or claiming to be in possession, not disclosed by the public records; m.terial or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water right or matters relating thereto;any service,installation or construction charges for sewer,water,electricity or garbage co lection and disposal. 2) Reservatio s and exceptions in United States Patents or in Acts authorizing the issuance thereof;right of use,control or regulation ny the United States of America in the exercise of power over navigation;any prohibition or limitationon the use,occup:ncy or improvement of the land resulting from the rights of the public or riparian owners to use any,waters which'may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 3) General to es not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming : lien. FOR SPECIAL EXCEPTIONS SEE ATTACHED Washingto ) ALTA Own is Policy Form B-1970 Standard overage) TP-62 1/79(Wa hington) I Poli y No.452375 SPECIAL EXCEPTIONS: 1 11. Easement including the terms, covenants, and provisions thereof, as granted by instrument Recorded: November 23, 1910 Recirding No.: 717661 Records of:King County, Washington For Telegraph lines Aff:cts: Along the roads, streets and highways adjoining said premises the exact location undescribed 2. Easement including the terms, covenants, and provisions thereof, as oi sclosed and establi shed by instruments Recorded: December 5, 1941 and October 7, 1943, respectively Recsrding Nos. : 3208139 and 3340140, respectively Rec.rds of:King County, Washington For: Roadway Aff-cts: Easterly 7.5 feet of Parcel D and other property 1 3. Easement including the terms, covenants and provisions thereof, Pas reserved by instrument Recorded: November 15, 1943 Re ording No.: 3348472 Re•ords of:King County, Washington In favor of: A. B. GRAYSON AND IRENE GRAYSON, his wife jFo : The right to install county water pipe line and use of the reserved portion for private road Af ects: East 15 feet of Parcel C lying within the South half of the North half of the East half of the East half of Section 10, Township 23 North, Range 5 East, W. M. , in King County, Washington 4. Easement including the terms, covenants and provisions thereof, fo electric transmission and/or distribution line, together with ne essary appurtenances, as granted by instrument Re orded: December 22, 1944 Re ording No.: 3436380 . Re ords of:King County, Washington To: PUGET SOUND POWER AND LIGHT COMPANY 1 Affects: Parallel and adjacent to West line of Parcel D 5. Easement including the terms, covenants and provisions thereof, a - granted by instrument I R:corded: June 5, 1946 R:cording No.: 3575604 R:cords of:King County, Washington Continued) in.,,,, Polly No. 452375 In f.vor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY For: Telephone line with necessary poles and appurtenances Af fe, ts: An undisclosed portion of Parcels A, B and C 6. Easement incl udi ng the terms, covenants and provisions thereof, as g anted by instrument Recorded: June 5, 1946 Recording No.: 3575605 Records of:King County, Washington In favor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY F,or: Telephone line with necessary poles and a ppu rtenances Affects: An undisclosed portion within the East 148.19 feet of Parcel D 71. Easement including the terms, covenants and provisions thereof, for electric transmission and/or distribution line, together with necessary appurtenances, as granted by instrument Recorded: July 8, 1953 Recording No.: 4360935 Records of:King County, Washington To: PUGET SOUND POWER AND LIGHT COMPANY Affects: Within 1 foot of the East line of Parcels A and B 8. Easement including the terms, covenants and provisions thereof, for electric transmission and/or distribution line, together with necessary appurtena ces, as granted by instrument i Recorded: July 8, 1953 Recording No.: 4360936 Records of:King County, Washington To: PUGET SOUND POWER AND LIGHT COMPANY Affects: Within 1 foot of the East line of Parcel C lying within the South half of the North half of the East half of the East half of Section 10, Township 23 i North, Range 5 East, W. M. , in King County, Washington 19. Easement including the terms, covenants, and provisions thereof, la s created by i ns trUme nt Recorded: December 5, 1955 Recording No.: 4643925 Records of:King County, Washington For: Roadway Affects: Westerly 7-1/2 feet of Parcel D and other property Continued) 1 i i Policy No. 452375 10. Easement including the terms, covenants and provisions thereof, as reserved by instrianent Recorded: March 5, 1956 Recording No.: 1669492 Records of:King County, Washington In favor of: ALFRED GRAYSON AND IRENE GRAYSON, husband and wife For: Roadway Affects: he East 15 feet of the South 66 feet of Parcel B 11. Easement including the terms, covenants and provisions thereof, a's reserved by i ns trtane nt Recorded: July 8, 1958 Recording No.: 4919247 Records of:King County, Washington Ian favor of: ALFRED GRAYSON AND IRENE GRAYSON, husband and wife For: roadway Affects: The East 15 feet of the South 135 feet of Parcel C, 12. Easement including the terms, covenants and provisions thereof, , for electric transmission and/or di stribution.line, together with necessary appurtenances, as granted by instrument Reccrded: October 6, 1965 Reccrding No.: 5937351 Records of:King County, Washington To: PUGET SOUND POWER & LIGHT COMPANY AffEcts: rJndisclosed portion of Parcels A and B lying North of the South 66 feet of Parcel B and West of the Last 15 feet of Parcels A and B 13. Easement including the terms, covenants and provisions thereof, a s reserved by i ns tnume nt Recorded: October 29, 1965 Recording No.: 5947062 Records of:King County, Washington In favor of: IRENE GRAYSON For, Ingress, egress and utilities 1 Affects: East 15 feet of Parcel C The following coven•nt is recited on the face of said instrument: i All rights under this easement shall terminate when grantors herein have dedicated, canplet and improved a county or city roadway extending in a Northerly and Sou herly direction connecting Southeast 128th with the East half of the East half of the Southwest quarter of the Southwest quarter of Section 10, Township 23 North, Range 5 East W. M. , in King County, Washington. Continued) ws-ate:- I Policy No. 452375 14. Easement including the terms, covenants, and provisions thereof, as created by instruments Recorded: September 1 , 1965 and October 29, 1965 Recording Nos. : 5922910 and 5947064, respectively Records of:King County, Washington For: Ingress, egress and utilities Affects: North 15 feet of Parcel A 145. Right to make necessary slopes for cuts or fills upon said premises, as granted in instrument Recorded: May 20, 1964 Recording No.: 5738286 Records of:King County, Washington To: KING COUNTY, WASHINGTON Affects: arcel D 1:6. Right to make necessary slopes for cuts or fills upon said p,reni ses, as granted in instrument Recorded: ay 20, 1964 Recording No.: 1738287 Records of:King County, Washington To: KING COUNTY, WASHINGTON Affects: Parcel C 1,7. Right to make necessary slopes for cuts or fills upon said prerri ses, as granted in instrument Recorded: May 20, 1964 Recording No.: 5738289 Records of:King County, Washington To: KING COUNTY, WASHINGTON Affects: Parcel C 18. Deed of Trust to secure performance by DELBERT C. BENNETT AND BETTE ANN BENNETT of the Exercise of Option - Patas Property entered into between FAIRFIELD DEVELOPMENTS, INC. and BENNETTS on or about August 10, 198" , as well as all loans made by FAIRFIELD DEVELOPMENTS, INC. to Bennetts arising out of or relating to Patas property, and any interest, advances, or other obligations secured thereby; Dated:August 10, 1981 Recorded: August 24, 1981 Recording No.: 8108240458 Records of:King County, Washington Grantor: DELBERT C. BENNETT AND BETTE ANN BENNETT Trustee: TRANSAMERICA TITLE INSURANCE COMPANY, a corporation Beneficiary: FAIRFIELD DEVELOPMENTS, INC. Continued) Pol i i y No. 452375 19. General taxes for the year 1982, not payable until February 15, 1982, in an amount not yet available fran the Comptroller's office. Affe ts: Parcels A, B, C, and D Tax `ccount Nos. : 102305-9207-07, 102305-9323-07, 102305-9100-06, and 102305-9322-08, respectively 20. Contract of Sale, including the terms, covenants and provisions ther-of, and the effect of any failure to canply with such terms, covenants and provisions. Dat-i :January 21 , 1982 Recorded: January 28, 1982 Rec.rdi ng No.: 8201280284 Sell- r: DINO PATAS and TOULA PATAS, husband and wife Purc aser: DELBERT C. BENNETT and BETTE A. BENNETT, husband andr wife Excise Tax Receipt No.: E-0665820 epb vmh r -.. 3<7 . ad •" KL. '•-. «}t - , 1, 4;.,. t i...+, u a._ r,n i'''' ,"'V,4r `L,y' 1. i it' W' a ':-. 4•, y Y w AA IIII f„, J OWNER'S INFLATION PROTECTIVE INDORSEMENT NO. 3 The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy,' as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the man- ner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached and on each succeeding January 1. a. An upward adjustment (will be made on each of the Adjustment Dates, as defined above, by it creasing the s maximum of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States De- I artment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 175% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under.said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of x the assertion or possible assertion of such claim, or as of the date of receipt by the Company of th'e first notice of such claim, whichever shall first occur. g Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made 1 part of said Policy and is subject to the schedules, conditions and stipulations there- in, except as modified by the provisions hereof. s° Dated: January 29, 1982 at 8:00 a.m. I Policy No. 452375 i 1 i e t ,°A.4A, 'II. RL 1/ 10 a, f SAFECO TITLE INSURANCE COMPANY e/A. c-- 472)4voit.x.l.tk 1 t\\ Z x ' By Authorized Signature t-..-..., ---..-‘.,-..!.'-‘, ..:•---....... oi- • - '* l•-• '''''''• '' " '1..r '7ei-A-...›„Aii..7.... 0, . 10.,le," '."4,..t.,4. .e,i+ .•.-,""**-;'`-''".41''''• ' ':''-'''''' - ' 3-.7E,,"4"."-"?'",'e,'',:.S.•••2".' ': ' ' WIIn regrence to streets and other parcels.While it is believed tobe4.'.0.8oiowii 1..3 ... .. 1.... 1.... var-rarrer correct, the Company assumes no liability for any loss occurring by reason of reliance thereon. ,_ .. 7 -- 7 SAFECO TITLE INSURANCE COMPANY SW4 SW4 SECrION 10-Twp 23N. —F'5,E. V.M. 1---zoo•-± IZ99 Za '4- 1 i a I tc, k___ I t i W SWA.Sw* : I3o' 5sc-10 3 % 1 NisW N t1 i Qi 1'Z 71 t,i‘, k o l'-••• 1 01_ 4' .Z+- 1 265 ' 44 1 Ca tiof i• i.. _.• _. _._Z75' go 0i.t.5-3,-4 oF 040 FIN-I 17.0• ri E..1/z 52/z. RS H • I 4'' i I.1 /49't ' 250' 1/ 1 1,1.i_n1.9c j f /4 I 5.470'Z' 0 .. -tp 4— / 75 __J..,••,•-• 5.435' 1 s.46o.7 52 i 7 A N 1 I I I49.4_ Ate ceigsido - 47 1-- p-i ,CY 3rif• 30 40 111 1 I o • k I/I zio/1t •°I- N I t__ 5.E. /2.8-th 5-r: 5 -- —• N NI 4- 1292.86'4_' f 4 cio I I m PIONEER NATIONAL. I TITLE INSURANCE ATICOR COMPANY 1 A L. Policy of Title Insurance1 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, PIONEER NATIONAL TITLE INSURANCE COMPANY (a Stock Clo mpany); a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company ;may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1 1 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; il i R /ECE 01 ronl 2. Any defect in or lien or encumbrance on such title; nn 3. Lack of a right of accegs to and from; the land; or nMAR191982 4. Unmarketability of'such title; I DUtL tNG/zUN,NG DEPT. This policy shall lot-be valid or binding until countersigned below by a validating officer of the Company. 1 1i Pione- r National Title Insurance ompany by esident ii Attest: It.. L&2 Countersigned:Secretary 11 By Validating Signatory 1! 08 Nt TO 1690 PNTI(10-79)American Land Title Association Owner's Policy—Form B—1970(amended 10-17-70) CAT.NO.NN00463 Conditions and Stipul.tions Continued and Concluded on Last Page of This Policy) DISKETTE NO: 76 JO , . ALTA - B NUMBER : A-270869 DATE : FEBRUARY 11 , ; 1981 AT 8:30 AM AMOUNT : S35,000.00 PREMIUM: S182.75 SCHEDULE A 1. NAfNE OF INSURED MULTIV', EST LTD. , A WASHINGTON CORPORATION 2. TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED IN: ROBERT E. LEVY AND GERTRUD S. LEVY, HUSBAND AND WIFE 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS SCHEDULE COVERED BY THIS POLICY IS: FEE SIMPLE ESTATE 4. THE LAND REFERRED TO IN THIS POLICY IS LOCATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND DESCRIBED AS FOLLOWS: THE SOUTH 1/2 OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5, EAST, W.M. ,j; IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 622 FEET OF T E WEST 175 FEET, AND EXCEPT THE SOUTH 470- FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS 15 FEET IN WIDTH ACROSS, OVER AND UPON THE WEST 1/2 OF ' THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, THE CENTERLINE OF WHICH IS DESCRIBED AS ,FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 88' 02'43" EAST 821.38 FEET; THENCE NORTH O' 17'32" WEST42 FEET TO THE POINT OF BEGINNING; THENCE NORTH O' 17 ' 32" WEST 580 FEET . YO THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF INCLUDED IN THE HEREINABOVE DESCRIBED MAIN TRACT. A-270869 PAGE 1 SCHEDULE B DEFECTS LIENS, ENCUMBRANCES AND OTHER MATTERS AGAINST WHICH , THE COMPANY DOES NOT INSURE: SPECIAL EXCEPTIONS 1 1. GEN: RAL TAXES FOR YEAR 1481 AMOUNT S120. 11 WHICH C NNOT BE PAID UNTIL: FEBRUARY 15, 1981 BEING' CIUNTY TREASURER' S PARCEL NO. 102305-9334-04 2. TER S, CONDITIONSIAND COVENANTS, AND THE EFFECT OF ANY FAILURE TO COMPLY HEREWITH, CONTAINED IN CONTRACT OF SALE: SELLE1R ROBERT E. LEVY AND GERTRUD 'S. LEVY, HUSBAND AND WIFE PURCHAS: R MULTIVEST ' LTD. , A WASHINGTON CORPORATION DATED! JANUARY 29, 1981 RECORDED FEBRUARY 11, 1981 AUDITOR S FILE NO. : S{102110258 ' RECEIPT NO. E-625824 3. AN : ASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSE ', STATED HEREIN, AND INCIDENTAL PURPOSES. FOR i INGRESiS AND EGRESS RECOR1OED DECEMB'ER 7, 1955 AND DECEMBER 16, 1955 AUDITOR S NO.: 4643925 AND 4646881 AFFECTS THE WEST 7.5 FEET OF SAID PREMISES AND OTHER .LAND 4. AN : ASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR T E PURPOSE . STATED HEREIN, AND INCIDENTAL PURPOSES. FOR POLE1L1INE RIGHT-OF-WAY RECORIDE o NOVEMBER 23, 1910 AUDITOR S ' NO. : 717661 5. AN ASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSE . STATED HEREIN, AND INCIDENTAL PURPOSES. FOR j POLE LiINE RIGHT-OF-WAY RECORDED JUNE Si, 1946 r - AUDITOR S NO.: 357560'15 AND 3575606 . AFFECITS OVER AND ACROSS SAID PREMISES AND OTHER LANDS ' 6. AN : ASEMENT -AFFECTING THE PORTION OF SAID PREMISES AND FOR T E PURPOSE:- STATED HEREIN, AND INCIDENTAL PURPOSES. FOR i ELECTRIC TRANSMISSION LINE . RECOR1DEU DECEMBER 22, 1944 AUDITOR S NO.:' 3436380 AND 3436388 AFFECTS OVER SAID PREMISES AND OTHER LANDS 7. RIG T TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES IN CONFIIRMITY WITH STANDARD PLANS AND SPECIFICATIONS FOR HIGHWAY II A-2708 9 PAGE 2 u _. _ .._ PURPOSES, AND TO THE SAME EXTENT AS IF THE RIGHTS GRANTED HAD BEEN ACQUIRED BY CONDEMNATION PROCEEDINGS UNDER STATUTE OF THE STATE OF WASHINGTON, AS GRANTED BY DEED. AUDITOR ' S NO.: 5738286 GRANTED TO : KING COUNTY AFFECTS EASEMENT PROPERTY STANDARD EXCEPTIONS: A. ENCROACHMENTS OR QUESTIONS OF LOCATION, BOUNDARY AND AREA, WHICH AN ACCURATE SURVEY MAY DISCLOSE. B. PUBLIC OR PRIVATE EASEMENTS, STREETS, ROADS, ALLEYS OR HIGHWAYS, UNLESS DISCLOSED OF RECORD BY RECORDED PLAT OR CONVEYANCE, OR DECREE OF A COURT OF RECORD. C. RIGHTS OR CLAIMS OF PERSONS IN POSSESSION, OR CLAIMING TO BE IN POSSESSION, NOT DISCLOSED BY THE PUBLIC RECORDS. D. MATERIAL OR LABOR LIENS, OR LIENS UNDER THE WORKMEN' S COMPENS TION ACT NOT DISCLOSED BY THE PUBLIC RECORDS. E. WATE' RIGHTS OR MATTERS RELATING THERETO. F. ANY ERVICE, INSTALLATION OR CONSTRUCTION CHARGES FOR SEWER, WATER;, :LECTRICITY OR GARBAGE REMOVAL. G. EXCEPTIONS AND RESERVATIONS IN UNITED STATES PATENTS. H. GENE' AL TAXES NOT $IOW PAYABLE; MATTERS RELATING TO SPECIAL ASSESSM:NTS AND SPECIAL LEVIES, IF ANY, PRECEDING THE SAME BECOMING A LIEN. I. RIGH OF USE, CONTROL OR REGULATION BY THE UNITED STATES OF AMERICA IN THE EXERCISE OF POWERS OVER NAVIGATION. J. ANY ' ROHIBITION OR LIMITATION ON THE USE, OCCUPANCY OR IMPROVE ENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIA OWNERS TO USE ANY WATERS WHICH MAY COVER THE LAND. END OF SCHEDULE B... THE TER OF THIS POLICY ARE MODIFIED BY THE ATTACHED INDORSEMENT. WA: 10 A-2708. 9 PAGE 3 Mum:,• + L:rePQ,g'!ai owNesti INFLATION PROTECTION ENDORSEMENT ATTACKED TO POLICY NO. ISSUED BY Pioneer National Title Insurance Company The Company,recognizing the current effect of inflation on real property valuation and intending top .vide additional monetary protection to the Insured Owner named in said Policy,hereby modifies said'•olicy,as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A"of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adju3tment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds the highest Index number for the month of September in any previous year which is subsequent to Date of Policy; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. I othing herein contained shall be construed as extending or changing the effective date of said Polic, . is Endorsement is made a part of said Policy and is subject to the schedules, conditions and stip ations therein, except as modified by the provisions hereof. Pion- ,r National •itte‘i ranee ompany E../ 1 sir byi'T. r........._..._. c'c • i re t' ti• , PN t gsident 0. iZCi zap Attest: Secretary NOT : In connection with a future application for title insurance covering said land, reissue credit, on p mium charges (if applicable at all) will be allowed only upon the original face amount of insu ce as stated in Schedule A of said Policy. The Compal , os not surveyed the premises describe The sketch belqw is furnished without charge solely for the purpose of assisting in locating said .premises and the Company assumes no liability for inaccuracies therein. It does not purport to show ALL highways, roads and ease - ments adjoinin• or 'affecting said. premises. rr r T 6'i"--t. lwsas ..N1 ll J.Itill1:,I/1 i it l iI IiI 1 I i lT I '1 I; 1l C,. i I. 14 1 i Wi1 Co. 3 Map Dept. Reference. . . .%__`j•--, t C::r, 6/7O i Went Face Page P EXHIB IT " B " COMMITMENT FOR TITLE INSURANCELd30 DNINOZ/DNIa1f11a, col L ' t ISSUED BY Z861 6 T dvW iv..,,,..___. ....-- es-Z..010Z r*".. ff-' go_FT.-. i [fil ht 0 i" @ First American Title Insurance Company FIRS AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commi s to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured name in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in chedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules ' A and B and t the Conditions and Stipulations hereof. This ommitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commi ment or by subsequent indorsement. This ommitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli- gations hereu der shall cease and terminate six IGI months after the effective date hereof or when the policy or policies committed forl shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Comp.ny. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as •f the date shown in Schedule A as"Effective Date.' First American Title Insurance Company BY PRESIDENT ATTEST G ' f , SECRETARY w.-+ C. L BY k' COUNTERSIGNED FIRST AMERICAN TITLE INSURANCE COMPANY I Fourth and Blanchard Building ii • Seattle, Washington 98121 206-382-0400 To: First American Title Insurance Company Commitment No. 67897 14 Fourth and1Blanchard Building Your No. 15223 MR QSeattle, Washington 93121 Balko/Bennett • z Attn: Molly Richards S2HEDULE A 1. Effective Date: November 16, 1981 at 7:30 a.m. Proposed Insured:, Delbert C. Bennett and Betty A. Bennett, husband II and wife 2. Policy or Policies to be issued: Amount Premium Tax OWNER'S STANDARD COVERAGE 210,000.00 $604.00 $32.62 3. The estate or interest in the land described or referred to in this commitment and covered herein is FEE SIMPLE and title thereto is at the effective date hereof vested in: ii TOM KURAMOrO and KIMIE KUR M YIO, his wife 4. The land referred to in this commitment is described as follows:I, The West 175 feet of the South 622 feet of the East half of the 1SouthwestquarteroftheSouthwestquarterofSection10, Township 23 North, Range 5 East W.M. , in King County, Washington; EXCEPT the South 42 feet thereof conveyed to King County for road by deed recorded under Recording No. 5790505. I Situate in the City of Renton,. County of King, State of Washington. i a (6/76) ijm nt.Schecluie 6 ! 1 rr• SCHEDULE B •Section 1 Requirements 0. The f•!lowing are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest o be insured. Item (b Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 11 SCHEDULE B — Section 2 Exceptions The ••licy or policies to be issued will contain exceptions to the following unless the same are disposed •f to the satisfa Lion of the Company. I 1.' axes or assessments which are not shown as existing liens by the records of any taxing authority that levies . axes or assessments on real property or by the public records. 2. •ny facts, rights, interests, or claims which are not shown by the public records but which could be ascertained y an inspection of said land or by making inquiry of persons in possession thereof. 3, asements,claims of easement or encumbrances which are not shown by the public records. • Ij 4. •iscrepancies, conflicts in boundary lines• shortage in area,encroachments,or any other facts which a correct urvey would disclose, and which are not shown by public records. 5. npatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; ater rights, claims or title to water. 6 • ny lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law nd not shown by the public records. 71! Defects, liens, encumbrnces. adverse claims or other matters,-if any, created, first appearing in the public rec- ords or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires I; of record for value the estate or interest or•mortgage thereon covered by this commitment. I II I I 1 B ..,' '.Jf Exhibit u i , m. . G' No. 67;97 Continued •, Schedule 3 - Section 2)Order No. 167: 9 MR F estate excise sales tax upon any sale of said property8. any if unpaid. A$EMEN'T AND CONDITION; CONTAINED 'THEREIN AS GRANTED IN 4 9. INSTRUMENT: Recorded: December 22, 1944 Recording No. : 3436388 n a Massachusetts Puget Sound Power & Light Company, In favor of: croration For: Electric transmission and distributign line and appurtenances thereto the ro rt herein described; the center line of saidlineAffects: The East 7.5 feet of thp p being along the W-sterl side of said 7.5 feet E i Said instrument contains the following: Rights of access for purposes of maintenance or repair. 10. EASEc4EN'T 'D CONDITIONS CONTAINED THEREIN AS GRANTED OR RESERVED IN INSTRUMENT: I Recorded: June 5, 1946 Recording No.: 3575606 and Telegraph Company, a In favor of: The Pacific Telephone California corporation For: A pole line herein described i; Affects: An unspecified portion of the property EASEMENT AND CONDITPONS CONTAINED THEREIN AS CRF?TED OR ISCLOSED ;- 11. E• IN INsTRUME.N'r: li Recorded: December 7, 1955 Recording No. : 4643925 Ingress•andegressFor: over the West half of the Southeast Affects: A 15 e000 strip quarter of the Southwest quarter quarter of the 5ou'``=st3 North, Range 5 Easit W.M. , in j of King County, o lOWaThngton, the center line of which is described as follows: Commencingthe 3Southwest821c38ner of said Section 10, thenc Point of 11 feet, thence North 0°17'32" 4est 30 feet to beginning, thence North 0°17'32" West 626.76 feet to the I North line of said subdivision Continued Schedule 3 - Section 2) Order No. 67B97 Your No. 15223 MR 12. Right to make necessary slopes for cuts or fills upon propertyL herein described as granted by deed recorded under Recording No. 5790505. 13. E•• SEMENT AND CONDITIONS CONr•\I .ED ThEREIN AS GRADITED OR RESERVED IN INSTRUMENT: Recorded: September 20, 1964 Recording No. : 5790531 In favor of: King County, a municipal corporation For: Utilities Affects: The South 3 feet of the property herein described 14. MDRTGNGE AND NDDITION\L ADVANCES,' IF Z1NY, ;ND THE TERMS AND CONDITIONS THEREOF Mortgagor: Torn Kuramoto and Kimie Kuramoto, husband and wiffel Mortgagee: Northwest Mortgage, Inc. , a Washington corporation Original Amount: $13,500.00, plus interest Dated: July 1, 1965 Recorded: . July 13, 1965 Recording No. : 5901557 The Mortgagee's/Beneficial interest has been assigned to Yonkers Savings Bank, a New York corporation, on October 14, 1965 under Recording No. 5939939. 15. CONTRACT OF SMLE AND THE TERMS AND CONDITIONS THEREOF Seller: Tom Kuramoto and Kimie Kuramoto, husband and wife Purchaser: Henry Balko and Nda 3alko, husband and wife Dated: April 17, 1978 Recorded: April 19, 1978 Recording No. : 7304190315 I Excise Tax Receipt No. : 468051 Examination of the records discloses no matters pending against the name(s) of Delbert C. Bennett and 3etty A. Bennett, the proposed insured(s) , according to the application for title insurance. N3r6: General taxes for the year 1931 were paid in the amount of 565.01 for Tax Account No. 102305-9085-05. cc: Mary Ryan Real Estate Stewart Sulman, Attorney at Law w I ORDER NO. (D7 l 7 ESCROW NO. oti 6s MORTGAGOR 7- yp a III SECTION 1 - TO WISHf P R A.NGE w I S 1 CG 0 W 'i NI I Y) I. il v 1 r4 G_ . 3. I d i Lis4) I i I I 1 4 c. p•y 1 (` j 1j I I i I h1I01ii cI N i l i 2ki r •; 1 aI I rt ri l f i` 1 I , h I TI I VI I. I w- I itLa 1 C Q I I i J I GI p l 99 I ). Z 1 i/ BS I J. e S 7.7//y 7_ . I7/ 4 /13 V I . a.iV a 7S _ J ., I y'/; 71i1 0Stl /.144S. . U u[. V.. -tT T r..®n t.. ,fr...,.,.... nr,n.rj.I. rn It t)I:I[i or. fi N!b"/ . Ir•() 11v'' 4 TRAFFIC ANALYSIS f7 egAip4, O 0 474 PROPOSED SHOPPING CENTER e<® ir 1`9 , 98 49 NE 4th ST EAST OF UNION AVE NE G'0 RENTON, WASHINGTON FAT GE, ERAL Th- proposed shopping center will be located on the north side of NE 4th St immediately east of Union Ave. The shopping center will be developed in two phases with the first phase projected for com- pl-tion in 1983-84 and the second phase scheduled for completion in 1985-86. The two phases for the project will have the follow- in.: characteristics: Phase I Phase II Total Site area 7.85 Ac. 4.57 Ac. 12.42 Ac. Building area' 87,242 SF 51,875 SF 139,117 SF Parking required 480 285 765 Parking planned 480 287 767 Th: proposed shopping center will most likely include a major food store, drug store, miscellaneous shops, financial institutions, ano fast-food facilities. Access to the center is proposed to in- clide 2 driveways onto Union Ave NE and 3 driveways onto NE 4th St. EX STING CONDITIONS Th: proposed shopping center site is surrounded by a network of ar erial facilities. Major arterials in the vicinity of the pro- je t include; NE 3rd St/NE 4th St/SE 128th St, an east-west four la e facility with left-turn lanes at major intersections border- in the site on the south and Sunset Blvd NE (SR 900), an east- we t four lane facility with left-turn lanes at major intersect- io s that is located approximately one mile to the north of the si e. Secondary arterials in the vicinity of the site include; Un on Ave NE, a north south-south four lane facility located on th west boundary of the site, Monroe Ave NE, a north-south two la e facility located approximately 3000 feet west of the site, an 138th Ave SE, a, north-south two lane facility that is located ap roximately 1500 feet east of the site. Th intersection of NE 4th St and Union Ave NE is signalized with le t-turn phasing and separate left-turn lanes on NE 4th St. Un on Ave NE transitions to a two lane facility south of the inter- se•tion. 1 a Th- left-turn lanes and separate phasing for traffic on NE 4th St at the inersection of NE 4th St and Union Ave NE were added la_t year. Prior to that improvement, the intersection had the wo st accident experience in the City of Renton. Following the improvement, the accident experience has been very favorable with th- intersection no longer among the top 30 intersections in the Ci y in number of annual accidents. Fiure 1 shows 1981 traffic volumes on the streets in the immediate vi inity of the project. TR P GENERATION Th ITE TRIP GENERATION MANUAL provides data on trip generation ra es for various-sized shopping centers. The average daily trip ge eration rate for a shopping center in the size range of 100,000 to 199,999 gross square footage is 60.4 trips per 1000 gross square fegt. Table I below summarizes trips for the proposed shopping center: TABLE I Phase I Phase II Total Daily trips 5269 3133 8402 PM pk hr trips in 227 135 362 PM pk hr trips out 253 150 403 PM pk hr trips total 480 285 765 TRIP DISTRIBUTION It is estimated that the trips generated by the proposed project . wi 1 be distributed onto the surrounding network of streets. ro ghly in proportion to the relative traffic volumes on the two st eets bordering the site. Figure 2 shows an estimate of the PM pe k hour trips that will be developed by the site following ph ses I and II. TR FFIC IMPACTS Th traffic that will be generated by the project will be a com- bi ation of "new" traffic and '!existing" traffic. The site for th project is along routes leading to similar existing existing fa ilities and it cis reasonable to assume that many trips into an out of the site will be motorists who are now passing the site on their way to existing shopping centers or as part of other trip pu poses. The fact that the area is presently underserved by sub- re:ional shopping facilities strengthens the belief that many trips wi 1 be intercepted rather than added. It is reasonable to assume, 2 L • ' in the absence of available statistics, that roughly half the trips to the center will be "intercepted" trips and will therefore not be adding to background traffic volumes. Fi:ures 3 and 4 show the estimate of trips that will be added by the project onto the streets immediately surrounding the site fo lowing completion of phases I and II respectively. Note th-t the volumes that have been added to the background traffic ha 'e 'been computed at 50 percent of the total trips generated by the project. The primary impacts of the project will be on the streets in the im ediate vicinity of the project (NE 4th St, Union Ave NE) and up n the signalized intersection of NE 4th St and Union Ave NE. Le t-turns into the site from both Union Ave NE and NE 4th St ma cause some congestion and delay during afternoon peak hours. Th s problem would be most noticeable on NE 4th St east of Union Av6 NE where significant volumes now exist and east-bound left- to ns into the site must be made from the inside through lane. It may be necessary to install a two-way left-turn lane at that po nt to prevent an unacceptable traffic condition. Th: intersection of NE 4th St and Union Ave NE is now operating at an acceptable level of service and should continue to do so in the foreseeable future with normal traffic growth and the impacts of the subject project. 3 II FIGURE 1 r 1981 TRAFFIC VOLUMES (ADT) r r , 0 PROI OCT SITE 0 D • E 4- ST 916 1 10,149 Ill 7. 2.11 •18,132!) J1, At. I i li II FIGURE 2 PM PEAK HOUR TRIPS;GENERATED BY PROJECT 11 II 24(3a) I, 4a (11) II 53 (aG. I t 24(38 40-3) 6' III Z II eo 023 1 14) 1D1(I/I)_ 111(190) 1) N 4-4 ST 4 2 1 z 11 I 11 001 PM Peak Hour Trips, Completion Phase I 040) PM Peak Hour Trips, Completion Phase II IAs.umptions: 1. 60% of PM peak hour trips.to site from NE 4th St ii will be from west and 60% of PM peak hour trips li from site to NE 4th St will go east. 2. 50% of PM peak hour trips to/from site from Union Ave NE willIbe from each direction (north/south) I I 111 it I I 4 it I I I . I v - FIGURE BACKGROUND + ADDED VOLUMES 7' PHASE I (1983) PI 1 NI 2 (- 4 7 ST a- 45- • es c4 eSSO ( 44-0) F45( c /5) 1 ci11 I 038) i57 {Vogl-) 157 I 076) r— re% trl r, Annual Growth Factor 0.033 . 000 PM Peak Flour Background Volume 000) PM Peak Hour Background Volume + Project Volume FIGURE 4 BACKGROUND + ADDED VOLUMES - PHASES I & II (1985) en en o r— c0 M U.) 2 0 r 4+" ST TN N 911 (1 D44) 9 5511052) 955( I064) 993 (1164) 1021 (1192) 10Z1 (1211 r N N r,, An ual Growth Factor 0.033 00n PM Peak Hour Background Volume O00) PM Peak Hour Background Volume + Project Volume Transamerica F. Trans • mer ca Title Insurance CompanyyFIlmTitleServies pO Please oddressi'corr spondence to the office checked below: Oil, MAIN I AUBURN BALLARD BELLEVUE BOTHELL FEDERAL W ICTSIKA4Joi I• Palk P:a:a 230 Awbute Way So 6700 15th Me N W 10635 N E eth St 17524 Bothell Way N.E 33427 Pacific t/w t,, aaa S.E.361K.111 D6thAveatUre•r•i St Aubv'.WA 96002 Seattle.WA 96tt7 Boa 1a93 Bothell.WA 96011 Federal Way WA 9'ayl WA 7630e/tvSeattleWA96I7112061639.2566 (2061626-a610 Beuerue.WA 98009 (2061626.4606 636.3a11 J/ 9Miji. 1206i 626.1E76 120616264661 U//•O• e,,n Coldwe 1 Banker REM TON WEDfO00D wESTIOvTTL,Eso ( 1600 P_rk Place Building Rentorn.WA98055 Seattle.WA99115 Seattle. 10 S e a tt l- , Washington ! 98101 • 206)62641625 (206(62E,620 (2061 628-4615 Atte'nt on: Ken Brown ' L i j Your Order No. Our Order No. 647495 Multivest Ltd. /Bennett/Winston/King County Water District No. 90 - Belanich N PRELIMINARY COMMITMENT•FOR TITLE INSURANCE j I Washington Land Title Association Form 1 Amount Premium Sales Tax Total Xpc O l ner s standard coverage 1,066, 596. 30 $2, 284. 50 $150. 78 $2 ,435 . 28 Purch ser's standard coverage II Mortg gee's standard coverage Mortg-gee's ALTA coverage) . Tax R gistration 1 Total Date: , J-nuary 14, 1982 at 8: 00 A.M. 2 ,435. 28 TR- NSAMERICA TITLE INSURANCE COMPANY agrees to issue on request and on recording of any appr•priate documents, its policy'or policies as applied for, with coverage as indicated, based on this pre- liminary commitment that tide;to the property described herein is vested on the date shown above in II as hereto attached - subject o ly to the exceptions shown herein and the terms, conditions and exceptions contained'in the policy forrni. T is report and commitment shall have no force or effect except.as a basis for the coverage spfcified herein. nh By ("'''4:714t 628-5968) Title Officer Deseript on: 1\ 1a (: ,ca 1-- c.,,. • 1 s as hereto attached - ij continued - I No TE:I.Investigation should be made to determine if there are any service,installation, maintenanc or construction charges for sewer,water or electricity. df:, 2.In the event this transaction fails to. close, a cancellation fee will be charged for servic s rendered in accordance with our rate schedule. r....—i. . .v,1.•”.A January 14, 1982 Order No. 647495 ti VESTED N: MULTIVE •T LTD. , a Washington corporation and DELBERT C. BENNETT, presump ively subject' to the community interest of his wife if married on Janu:ry • 27, 1979, date of acquiring title as to Parcels A and B; LEMMIE INSTON and ORA LEE WINSTON, husband and wife, as to Parcel C; and KIN COUNTY WATER DISTRICT NO. 90; a municipal corporation, as to Parc-1 D; (See Notes 1, 2, and 3) ii li I I I I I I I i 4.44 f January 14, 1982 Order No. 647495 DESCRIP 'ION: PARCEL The Wes 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 10, To , ship 23 North, Range 5 East, W.M. ; EXCEPT he North 629 feet thereof; AND EXC PT the West 305 feet of the South 65 feet of the North 694 feet 'th-reof; AND EXC PT the Southerly 435 feet of the Westerly 182 feet thereof; AND EXC PT that portion thereof described as follows : Beginni g at a point , 30 feet North of the Southeast corner ofsaidWest1/2 of the Southwest 1/4 of the Southwest 1/4 of said Section 10 ; thence est 250 feet ; thence North 436 feet; thence East 250 feet; thence South 436 feet to the point of beginning; AND EXCEPT the most Southerly 42 feet thereof for S . E. 128th Street as con eyed to King County by deeds recorded under Recording Nos . 5741040 and 5741044 ; ' ANDIOEPT the most Westerly 40 feet thereof for Union Avenue N. E. ; . PARCEL B: Beginning at the Southwest corner of the West 1/2 of the Southwest 1/4 'of the Southwest 1/4 of. Section 10, Township 23 North, Range 5 East, W.M. ; thence North 435 feet ; thence East 182 feet ; thence South 435 feet; thence West 182 feet to the point of beginning; EXCEP the Westerly40 feet thereof for Union Avenue N. E. ; AND' EICEPT that portion of the remainder thereof lying Southerly of ,th : following described line: Comme cing at the Southwest corner of said Section 10; thenc: North. 0°25 ' 13" West along the West line thereof 42. 04 feet; thane; South 88°02' 58" East parallel with the South line of said subdi ision 40. 03 fleet to the intersection of the East margin of Union Avenue N. E., with the North margin of N. E. 4th Street; thenc - North 0°25' 13" West along said East margin, 158 feet to the true .oint of beginning of the line herein described; .. thenc- South 88°02' 58" East 142 feet to the East line of the main tract herein described and the terminus of said described line continued i j/ 0. Descrip .ion continued - Order No. 647495 PARCEL 1 : I That ,pottion of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Sect on 10, Township 23 North, Range 5 East , W.M. , described s follows Begin'ni g 42 feet. North and 75 feet West of the Southeast corner of said Wert 1/2; thence est 175 feet ;' thence i orth 424 feed; thence ast 175 feet ; thence .outh 424 feet to the point• of beginning; PARCEL P : i The Eas 75 feet of the following: Beginni g 42 feet North of the Southeast corner of the West 1/2 of the southwest 1/4 :of the Southwest 1/4 of Section. 10, Township 23 Nort' , Range 5 East , W. M. , in King County, Washington; thence est 250 feet; thence orth 424 feet ; . thence • ast 250 feet ; - thence South 424. feet to" the point of beginning; ALL si uate in the County of King, State of Washington. f I! II r Page 2 Order No. 647495 EXCEPTIONS : A. 1% Exci e tax if unpaid. Covers Parcels A, B,', and C only) B. General taxes , as follows, together with interest after delinquency : Tax Account No. Year Amount Billed Amount Paid 102305-913 -08 1979 871. 32 00 1980 707. 41 00 1981 1, 224. 19 00 1982 Not Available Payable February 15, 1982 Covers Parcel A) aid 1 5e912 No. Year 1 Not Avaunt ilable Payable illed Amount February15 , 1982 102305 9128-04 Crnvers Parcel B) 1 Tax ,Ac ount No. Year Amount Billed Amount Paid 102305 9089-01 1982 Not Available Payable February 15 , 1982 Covers Parcel C) Tax Account No. Year Amount Billed Amount Paid 102305-9263-09 19E2. Not Available Payable February 15 , 19.82 lovers Parcel D) 1 11 1 . EASE INT , AND THE TERMS AND CONDITIONS THEREOF: Postal Telegraph Cable Co. Pu Grant-e : e : The right to construct and maintain. its p° lines of telegraph, including the necessary poles and fixtures , and with the right to trim all trees necessary to keep the wires cleared at least 18 inches , to set necessary guy and brace poles , and to attach to trees the necessary guy wires Alongthe roads , streets or highways adjoining Area Affected: the said property Reco ding No. : 717661 1 1 continued - I' t Page 3 Order No. 647495 2. EASEMEN , 'AND THE TERMS AND CONDITIONS THEREOF: Grantee The Pacific Telephone and Telegraph Company, a California corporation Purpose 1 Pole line Area Af ected: The North 10 feet of the South 32 feet of the East 250 feet of the South 424 feet of the West 716.38 feet of the Southwest 1/4 of the Southwest 1/4 of said Section 10, lying North of, parallel to and abutting the North margin of the 84 foot wide County Road, S.E. 128th Street , known as CemeteryRoadRecordigNos . : 3575607 and 5828524 ii Covers Parcels C andD) 3. EASEMEN AND THE TERMS AND CONDITIONS THEREOF: Grantee The Pacific Telephone. and Telegraph Company Purpoise Right-of-way Area Af ected: West 466 . 38 feet of the West k of the South- 1 west 4 of the Southwest 4 of said Section 10 Recording No. : 3575608 Amendea by Instrumen',t recorded under Recording No. 5828524) Covers the South 10 feet of Parcels A and C) 4. EASEMEN AND THE TERMS AND CONDITIONS THEREOF: Grantee Puget Sound Power & LightCompanyPurposeIElectrictransmissionanddistribution line Area 'Af ected: That portion of the property herein described lying within the South 50 feet of the West 100 feet of the North 744 feet of the outh- west 1/4 of the Southwest 1/4 of said Section 10 Recordi g • No: 5152211 Covers Parcel A) 5. EASEMEN AND THE TERMS AND CONDITIONS THEREOF: Grantee Puget Sound Power & LightCompanyPurposeVElectricline Area Af ected: Approximately 100 feet South of the North line of Parcel B or as may be relocated by mutual consent Recor1di g No: 5537887 11 continued - 1 ITr> ' I. r r Page 4 1 Order No. 47495 - 6. EASEME `T AND THE TERMS AND CONDITIONS THEREOF: Disclo•.ed By : , Instrument recorded under Recording No. 711021-0021 Purpos - : Ingress and egress Area A fected: The South 42 feet of the West 60 feet of Parcel B 7. EASEME4T AND THE TERMS AND CONDITIONS THEREOF: Disclo-ed By:Instrument recorded under Recording No. ' 711021-0022 Purpos - : Ingress and egress • Area A' fected: The West 48 feet of the most Southerly 60 it feet of Parcel A 8. Restrictions imposed 'by instrument recorded on October 21, 1971, under 'recording No. 1711021-0022, as follows : Limiti g the use ofthe -West 45 feet of the most Southerly 158 feet and of .the Southerly 45 ' feet of the most Westerly 187 feet of Parcel A for parki g and driveway purposes , together with rights for the placement of li:hting standards ,' drainage structures , paving, landscaping and other relat .d site improvements . 9. Right to make necessary slopes for cuts or fills upon the property herei described as granted to King County by deeds recorded under Recording Nos . 5741040 and 5830644. Cove s a portion of Parcel A along S. E. 128th Street) 10. Right to make necessary slopes for cuts or fills upon property erein des'cr bed as granted to King County by deed recorded under Recording No., i 5 46658. Cove ' s Parcel D) _ 11. Right to make necessary slopes for cuts or fills upon property herein des,'cr bed as .granted to King County, by deed recorded under Rec.rding No. 5 '46659. Coive s Parcel C) ' continued - C • I 1 y Page 5 Order No. 647495 12. MORTGAG AND THE TERMS AND CONDITIONS THEREOF: Mortg,agi.r: Lemmie Winston and Ora Lee Winston,, his wife Mortgag-e : Ballard. Mortgage .Company, Inc. , a Washington corporation Amount :15, 600. 00 Dated: September 7, 1965 Recorde• : September 13 , 1965 Recordi g No: 5926880 Covers Parcel C) ASSIGP INT OF SAID MORTGAGE: i Assigne- : Albany Savings Bank; New York Dated: . September 23 , 1965 Recorded: September 28, 1965 Recordi g No: 5933231 Covers Parcel C) ' 13. ASSIG INT OF CONTRACT AND DEED GIVEN AS SECURITY AND THE 'TERMS AND CO DITIONS THEREOF: Granto Jay .David Jensen and Amy H. Jensen, his wife . Grante: : James H. Clawson . Amount: 10, 000. 00 Dated: August 21, 1972 Record:d: August 23, 1972 Recoird ng No: i 720823-0441 Cover- Parcel B) I 14. DEED 0 ' TRUST AND ASSIGNMENT OF RENTS AND THE TERMS AND CONDITI'NS THEREO: : Granto : Delbert C. Bennett and Multivest, Ltd. , a 1 Washington corporation Truster : Safeco Title Insurance Company Benefi iary: . John G. Clawson and Cherie M. Clawson, husband and wife 148 West Lake Sammamish Boulevard S . E. : i Bellevue , Washington) Amount : . 230, 000. 00 Dated: February 14, 1979 Recor.d-d: February' 27, 1979 Record,ng No: 790227-0147 Cover Parcels A and B) continued - 1 1 1 i s ff f Page 6 Order No. 647495 15. DEED{!OF TRUST AND .THE TERNS AND CONDITIONS THEREOF: Grantor: Delbert C. Bennett and Bette Ann Bennett, husband andwifeTrustee : i Pioneer National Title Insurance. Company, a corporationBeneficary: Fairfield Developments , Inc. 11058 Main Street ; Suite 110; Bellevue, Washington) Amount: NotDisclosedDated: April 29, 1981 Recordea : May 26, 1981 Recordi g No: 810526-0482 Covers Parcels A and B) 16. CONTRACT OF SALE, AND, THE TERMS AND CONDITIONS THEREOF: Seller: Lemmie Winston and Ora Lee Winston, husband and wife Purchas _r: Delbert C. Bennett and Bette Ann Bennett, husband and wife and Multivest Ltd. , a WashingtoncorporationDated: November 18, 1980Recorded: December 2, 1980 Recordin_ No: 801202-0247 E# 0617703) Covers i'arcel C) See Not-s 1 and 2) 17. DEED OF RUST AND THE TERMS AND CONDITIONS THEREOF: Grantor : Delbert C. Bennett and Bette Ann Bennett, husband and wife Trustee : Pioneer National Title Insurance Company, a corporation Benefici.:ry: - Fairfield Developments , Inc. 11058 Main Street ; Suite 110; Bellevue, Washington) Amount: Not Disclosed Dated: ,April 29, 1981 Recorded: May 26, 1981 Recordin: No: 810526-0483 Covers 'arcel C) continued - f lr i 0. v I Page 7 Order No. 47495 18. Ques'ti .n of the marital status of Delbert C. Bennett on January 17, 1979, .ate of acquiring title as to an undivided interest in Parcels A and NOTE 1 : A showing should be made of the authority of the officers executing the pr.posed deed, or contract , on behalf of Multivest Ltd. NOTE;; 2 : The pr.posed deed must be authorized by resolution of the directors and st.ckholders of Multivest Ltd. and certified copy submitted. NOTE , 3 : The pro•osed deed from King County Water District No. 90 must be authorized and executed in accordance with the relevant statutes of the State of Washington relating to municipal corporations . NOTE 4: Accordi' g to the application, title is to vest in Roger Belanich , a single an. We find no pertinent matters of record against the name of said party. 1i FSH/df rrm\ g y g C ue byeavtax hiu Checked Date I-15-62 Plat VoL PG. 'Order No. 647495 ScaLe : I " _ /00' SKETCH OF PROPERTY SE OUT IN ATTACHED ORDER To assist in locating the premises. It i not based on a survey, and the company I assumes no liability for variations if any, in dimensions and location. I I I iI5. Luse of AI. 629' SW4,5W4 • 40' xc a pt io n W.3 5 v 5.65'of N.654) I WI 2 e; K1 l:: ?A1C.G I... A If, rn N 1 1IAO 250' eJ iet -- i 175' 75' vi i435N 1 It r COAl U1 1 l3ato gi O C I• . 11iJ ii cs#)w: e: ' Z f2' fir 3 141 N ao 1 a .. E t,P 1 40 re t 75' 75' Iti if wve Eo I LC Y To K.C. tc 0 .574/vse ls74/0 4 S. E. 126Ty--- ST, t5°' 5 W Cord r I JSLCTlA/ WVz,5 w4 sw4 I Note—This p.does not purport to show all higbwaya, roads or easements affecting the property. 1 4 411 ceipt # i CITY OF RENTON PLANNING DEPARTMENT 7 , ir i'•e i 4',.--,,1;. !'" i `,, • NAME ./ •''''''•• ;4 ,'' C i' f 7 PROJECT & LOCATION j':'.' ". ..,.., , ., 4,,),"' ,It ., f.". 1,- ' ( , J11''4 f' -;-- 1 ••"V( e- 1 Application Type Basic Fee Acreage Fee Total 4 , 1.-;, -- 1•, f A ,,:v''',, 1A r) '''"- 1'' ..:' C..'1'1 e I ("C.C." l', 1 1 Environmental Checklist i' Environmental Checklist Construction Valuation Fee 1 TOTAL FEES• Please take ;this receipt andlyour payment to the Finance Department on the first!floor. Thank vou. , 1 I t i,.... tiNDING i OF FILE I FILE TITLE I I 0li .......... 0074 I 1 1, I I0Ir . I I i I I