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Home My WebLink AboutA 20111003000168 Return Address: II II 0 01 illi II City Clerk's Office City of Renton 20111003000168 1055 South Grady Way CITY OF RENTON AG 66.00 Renton, WA 98057 PAGE-001 OF 005 10/03/2011 10:05 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04) Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in) 1. Development Agreement 2. 3. 4. Reference Number(s)of Documents assigned or released: Additional reference#'s on page of document • Grantor(s)(Last name first name,initials) 1. Connor Homes at Barbee Mill, LLC 2. Additional names on page of document. Grantee(s)(Last name first,then first name and initials) 1. City of Renton • 2. Additional names on page of document. Legal description (abbreviated: i.e. lot block,plat or section,township,range) The Plat of Barbee Mill, as recorded in Volume 246 of Plats, Pages 25 through 39, records of King County; all situate in Section 32,Township 24 North, Range 5 East,W.M., in the City of Renton, King County, Washington. Additional legal is on page 1 of document. Assessor's Property Tax Parcel Account Number 0 Assessor Tax#not yet assigned N/A The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. Signature of Requesting Party r ' DEVELOPMENT AGREEMENT CITY OF RENTON and CONNER HOMES AT BARBEE MILL, LLC 44 This DEVELOPMENT AGREEMENT is entered into this f 9 day of , 2011, between the City of Renton ("City"), a noncharter code city under RC 35A., a Washington municipal corporation, and Conner Homes at Barbee Mill, LLC ("CHBM"), a Washington corporation, (hereinafter the"Parties). RECITALS A. This agreement pertains to the following described property(hereinafter"Property"): The Plat of Barbee Mill, (hereinafter "Plat"), as recorded in Volume 246 of Plats, Pages 25 through 39, records of King County; all situate in Section 32, Township 24 North, Range 5 East, W.M., in the City of Renton, King County, Washington; B. The Property is approximately 22.90 acres in size and rests between Lake Washington, which is to the east, and Lake Washington Boulevard, which is to the west; C. The Property is currently zoned as Commercial Office Residential (COR); D. CHBM has requested that the City rezone the site from COR to Residential 10 (R-10) dwelling units per net acre. The R-10 zone permits both single family residential development and attached residential development, and up to 10 dwelling units per acre; E. The City is in the process of changing the land use designation and zoning for the Plat; however, approval of the requested rezone is subject to this Agreement; F. The Parties' intent is for the City to permit the development and construction of detached single family homes on Lots 23 —48 of the Plat and restrict the construction of detached single family development for all other lots included in the Plat; and G. All the original conditions of the Plat will remain in effect and apply to all lots within the development unless specifically modified in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits and duties set forth in this Agreement, the City of Renton and Conner Homes at Barbee Mill, LLC agree as follows: EE MILLS _;EVtr,;r.\ _ TT AGREE2E-NT 1. Purpose. The purpose of this Agreement is to set forth the Parties' respective rights, roles and responsibilities relating to the project. 2. Parties and Authority. The signatories to this Agreement represent that they have the authority to commit to and bind their respective entities to all of the terms of this Agreement,to perform the obligations hereunder and to execute the same. 3. Scope of Work. The scope of work is limited to CHBM development of single family homes on CHBM Lots 23 —48. 4. Zoning of Property. CHBM hereby consents to and agrees to only developing detached single family residential homes on Lots 23 — 48 of the Plat. All other lots included as a part of the Plat shall not be developed, converted or made into detached single family residential homes. 5. Remaining Lots. The maximum density for the remaining lots remains unchanged as originally approved through the Barbee Mill subdivision approval. The conditions provided for in the Statutory Warranty Deed for the Plat, shall continue to apply in full force and effect, unless the Renton City Council expressly chooses to waive, alter, or eliminate any or all of the conditions. 6.. Docks. The original approval for Plat permitted owners of lots which have frontage on Lake Washington to have the right to apply for permits for the construction of joint-use docks. (A "joint-use dock" is a single dock serving two adjoining lots, typically straddling the common property line between the two lots). Owners of lots which are developed as a single family home will maintain the ability to apply for permits for the construction of joint-use docks, sharing the dock with the abutting unrelated and separate land owner. 7. Consideration. When the Barbee Mill plat is rezoned to R-10, CHBM will be permitted to develop single family homes on Lots 23 — 48. In exchange, the parties agree that the City of Renton may and does prohibit the development of single family homes on the remaining lots of the Plat. 8. Duration and Termination. This agreement will terminate as it relates to the restriction on developing single family homes in the Plat with the exception of Lots 23 — 48, if the property is rezoned or if the parties mutually agree. Before any construction is physically initiated, the parties may mutually agree to terminate this Agreement after providing the other party with thirty (30) days written notice. Construction being physically initiated is evaluated from the time the letter to terminate this Agreement has been mailed. This Agreement terminates ten (10) years from the date that it is executed. It will revert to the Renton Municipal Code that exists at that time 10 years from the date that this Agreement was executed. Page 2 of 5 • 9. Liability. The City shall not be liable for any loss due to monetary, damage, property damage or any injury to persons arising out of the activities conducted pursuant to this agreement. Washington State law shall govern the any legal questions that arise. 10. Voluntary Agreement. The Parties intend and acknowledge that this Agreement is a voluntary contract binding upon the Parties hereto, as well as their successors and assigns. 11. Amendment of Agreement. This Agreement shall only be amended in writing, signed by all Parties to this initial Agreement and only after approval by the Renton City Council. 12. Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the successor and assigns of the Parties hereto. . 13. Third-Party Beneficiaries. There are no actual or intended third-party beneficiaries to this Agreement as this Agreement is not intend to, nor does it convey any rights or standing to any persons other than the Parties. 14. Transferability. This Agreement is not transferable without the express approval of the Renton City Council. Dated as of the day and year first above written. CITY OF RENTON CONNER HOMES AT BARBEE MILL, LLC Byi;1B ' `'4� f�1Y1M�Z Printed Name Denis Law Printed Name e H AP-LLS F cN-i Title Mayor Title AA/i1A4NFAI ATTEST / , 4 W GL-dri- Bonnie I. Walton, City Clerk App al to Form f `t of ;; • •C L Lawrence Warren, City Attorney , ' ' a I.1 ager..„„ `5"a4, . , • RTAcE MITTS _L( L• j C EEI[E T STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that�2_r,�S Lam) is the \ csf ' of the City of Renton, a Washington municipal corporation, and is the person who appeared and acknowledged that he/she signed this instrument on behalf of such City, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the free and voluntary act of such City for the uses and purposes mentioned in this instrument. DATED: q ICA- \ ' ;;gt '..�,1 �� jr �'.'�• 1/4 R• 4,1„----._ _ \\,��•• 55 N F �r. V _ • • IARY V. ry\..c - \(\-\. _ runt Name) 1. P•'-'�, •Z ResNotiding ygat 4P,;•...,a 27 4,./.1/4 4\�� Residing at �,� IA, *% `�1 My appointment expires: "Al a-11 f j ----- op WAs-i10 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that C' c-Ve, - C ngp is the of Conner Homes at Barbee Mill, LLC, a Washington corporation, and is person who appeared and acknowledged that he signed this instrument on behalf of such corporation and company, on oath stated that he was authorized to execute the instrument and acknowledged it as the free and voluntary act of the corporation for the uses and purposes mentioned in this instrument. DATED: ��'Ci- Notajyir5931� -- - - \\\\.._‘ _ – :-`�illi&� . R. �1.-- G:oaC).TARYV- �..® H: „�`i ;� ( (Print Name) • Notary Pub �. PUB\� � Residing at \_Lc-.�-.'9F**17.:.•�..•�,�C'110 My appointment expires: ('I�1 I P-ot L OP A i10 Page 4 of 5