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HomeMy WebLinkAboutORD 4094 � +�'" , o�- , . . � �"" . . CITY OF REN'I'ON, WASHINGTON ORDINANCE N0. 4094 AN ORDINANCE OF THE CI'I'Y OF RENTON, WASHIIVGTOAI, CHANGING TI3� ZOIVING CLA�SIFTCA'�IC�N OF CERTAIN PROPERTIFS WITHIN THE CITY OF RENTON FRONI RESI��NCE DISTRICT (R-2 ) TO BUSINESS DISTRICT (S-1 ) (KOHL EXCAVATING, INC . PROFIT SHARING PLAN - R-103-36 ) WHEREAS under Ck�apter 7, Title IV (Building Regul�tions) of Ordinance No. 1628 known as th� "CodQ of General Ordinances of the City of Renton" , as amended, and the mapa �nd reg�rts adopted in conjunctian therewith, the prop2rty hereinbelow d?scrib�d has heretofore been zoned as Resid�nce Distr. ict (R-2 ) ; anr� WHFREAS a proper petit.ion for change of zone classitic�tion of sai�l property has been filed with the Buildin� anc� Zoning De�artment on or about M�rch 3, 1987 , which petitian was duly re�erred to the Hearing Examiner for investigation, study and �ublic hearing, and a public heari.ng having r�een held thereon �n or about August 18, 1987, and said matter having been duly consi3ered by the Hearing Examiner and said zoning request being in c�nformity with the City` s Comprehensive �lan, as amended, and the City Council having duly considered all matters rel�v�nt thereto, and all parties having been heard appParing in support thereof or in opposition thereto, NOW THEREFORE THE CITY COUNCIL OF TE3E CITY OF RENTON, WASHI�iGTON, DO ORDAIN AS FOLLOWS: SECTION I : The fallowing described prnperty in the City of Rentan is her�by rbzoned to Busines� District (B-]_ ) as hereinbelow specified; subject to th� f.indings, conclusions �nd decision of the Hearing Examiner date�3 August 21 , 1987 ; the 1 . . � !' ORDINANCE N0. 4094 , . Building and Zoning Director is hereby authoriz�d and dir�ct�d to change th� maps of the Zoning Ordinance, as amen�ed, to evi�ence said rezoning, to-wit: See Exhibit "A°' att�che� hereta and ma�7e a part her_ eflf as if fully �et forth herein. (Said property being locat�d between 87th Avenue 5outh to the West and Raini�r Avenu� South to thA east, in the 800-850 block. AND STJ�JECT FCJRTHER to tho�e certain Declarati�n of Restrictive Cov�n�nts exPcut?d by Petitioner-Owners on or about October 16 , 1987, and recorded in the office c� the Directar of Recards and Electionc , R�ceiving Nos . 8710220434 , 8710220435 , �nd 8710220436 and which sai� Covenants are h�reby incorpar�te� and m�dP � part h�reof �s a.f fully sPt forth. SECTION II : 'rhis Ordinance sh�ll be effective upon ita passage, �pproval �nd five days aftpr its public�tion. PA6SED BY THE CITY COUN�IL this 9th d�y o�E November, 1987 . ����-'.�-�1 6 �i���2� Maxin;e E. M�tor , City �lerk APPRJVFD BY THE MAYQR this 9th day of November, 1987 . �` �a,�.� �,h � a�n.�C.`6�, Barbara Y �h3npoch, M�your Approved as to Form: > �Q.�nt,�B�e,�,;P G�-a�.r-"� C?��� Lawrenc� J. Warre� City Att�rney D�te of Publication: January 15 , 1988 CITY3: 3E/10/7/87 2 � , v�r✓ .,,,�„� . , � ORDINANCE NO. 4094 ' ' Exhibit "A" LOTS 9 THROUCH �0, INCt�U�iVE, I3LOCK 35; L.OTS 12 TNROUGH 24, It'�lCi_USIVE, vLOCK 40; ALL I!�! �l�YN MAWF., ACCOE�1?ING TO THE PLAT 7NEREGF RCCQRDED IN VOLUME 5 pF PLAT�, Pl�GE Sb, .IN KTNG CuUNTY, WASHINGTON� . 70GETHER WI7H THAT PQRTION OF UA�ATED S7REETS, AP.lD ALLEYS ADJOINING WHICH, UFGh�i VAC�TION, ATT�CHED TG SAiD PREMISES BY OPERATION C1F LAW. . .,_ _ __ ` 4 � y[,1 < <° ti�� Ah� 1�' ry u �.i 1`', -�- .t . . 2� 'L n .�'�e ' � � y�95 . q � 5 1 .. — -- 1 `�5 � j -- - - ` 5 '�� `� ' , 6 � ,,Z��,�,r� Q � . , � , �I , f� � ^ . �' .A� 0,-, � _ . v � �� � � � � 6 7 ,�� q�n'' So° ,� �� ORDINANCE NO. 4094 Z�� 0 5� �� � ' � � 9 ib ii �� �� �a �� �b ti� ��� � � �, � e � . N � /O //� �20 ,a �a to �� • .. „ ., .,is is 1� 8 .7 ',�, 8 Q Zd, .` � : � ; IlI.Q .� -f- � v 1"-S 6 .� '. 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COVEIIAAIT Applicant, ROHL EXCAVATING, INC . , has petitioned the City of Renton to rezone a certain parcel of land contiguous with the subject site, locat�d on the West side of Rainier Avenue North, at the 800 �0 850 block. City of Renton re�erence number RO-103- d, 8 5. � The subject site is legally described as set out on Exhibit c;" {� "A", attached hereto and incorporated by this reference. � As part of that application, KOHL EXCAVATING, INC . , hereby � � covenants : � . . � i . The only ingress and egress from th2 site described on � Exhibit "A" shall be restricted to Rainier Avenue North. 2. To refrain from future development in the greenbelt area, legally described as set out in Exhibit "C" , attached hereto and incorporated by this rzference , insofar as the greenbelt area extends into the subject site. 3 . To refrain from futurp development in that area of the site above the 70 foot contour line, even insofar as that may extend b eyand the greenbelt area described in #2 above. This Covenant is given with the understanding that the term "development" does not include landscaping , catch basins , existing swail, or existing pipes. � These Covenants shall run with the land. DATED: Octob�r !4 , 1987. ROHL EXCAVATING, INC. �• By �. r— _ t � � - � I t S n i Y+—�,i__�_•1 �n -- . = JS.��: 10:10=/16/87 ,:• = �' � .:. T;f•��,I�..�yi �t���.,�• L; w �. .*�'..E+=�t � �� �;��i r,� c�•� _ __ +r ,� _ _ � r�� �. :. t�,�C,�_,i �:Y:�i�»�i+s i]i i ❑C �— _ ` � - O `"= ww�� sn..� �..�a.;s.q +w r.++.-.�s,n..�ir c; •:e�.T �� . „._..._.._ . .. . . . .�...�. �. . __. .� . e. .. . .. . _. . �. . ._.....�.. .-' -.i > ...-, �'��."�:�f i�.._�7'.,.. . ,1 .... . _ a � 4�s:., n... ..... `.1 s�. ('] ^, �{.. • - I". ., y� '.(, l:C`� ;y'J . { .:J. �..:ti/. li.,:°J� ii..::iL'...1.� �s'±fs'�Y �v:s�vv7 � ' ' PARCEL "A" - � ' ' RAINIER AVENUE EXCAVATION SITE That portion of Blocks 36 and 39 , of Bryn Mawr Addition as filed in Volume 5 of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the northeast corner of Lot 9 , Block 36 , of said Plat ; thence S02°00 ' S3"W along the East line of said Lot 9 a distance of 50.00 feet to the Northwest corner of Lot 7 of said Block 36 ; thence S87°07 ' 07"E along the North line of said Lot 7 and along its Westerly extension, a distance of 145 feet , more or less , to the Westerly margin of Rainier Avenue ; thence Southeasterly along said Westerly margin 353 feet , more or less , � to the South line of the NW 1/4 of Section 7 , Township 23 North, � Range 5 East , W.M. , being the centerline of vacated South 120th � Street; thence Westerly along said centerline 405 feet, more or � less , to the centerline of vacated 89th Avenue South; thence � � NO2°00 ' S3"W along said centerline 520 feet, more or less to the '`; centerline of vacated South 118th Street ; thence S87d07 ' 07"E � along said centerline 150 feet , more or less , to the Northerly � extension the East line of Lot 17 , Block 36 , of said Plat ; thence S02°00 ' S3"W along the Northerly extension and along the East line of said Lot 17 a distance of 130 feet , more or less , to the Northwest corner of Lot 9 of said Block; thence S87°07 '07"E along said North line 30 .00 feet to the Northeast corner of said Lot 9 and the point of beginning. , Exk;6� � � A " � PARCEL "B" . . � � RAINIER AVENUE EXCAVATION SITE That gortion of Blocks 35 , 36 , 39 , and 40 , of Bryn Mawr Addition as filed in Volume 5 of plats , page 58 , records of King County, Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the Northwest corner of Lot 12 , Block 40 of said Plat; thence N87°07 ' 07"W along the southerly boundary of Lots 22 , 23 , and 24, of said Block 40 , and along their westerly extension, 98.00 feet to the centerline of the vacated alley adjoining said Lot 24; thence NO2°00 ' S3"E along the centerline of said alley �' 100 . 00 feet to the Southerly margin of vacated South 119th � Street; thence northerly across said Street 60 .00 feet to the O centerline of the vacated alley adjoining Lot 9 , Block 35 of said `� plat ; thence NO2°00 ' S3"E along said centerline 100.00 feet to the .� to the Westerly extension of the North line of Lot 9 , Block 35 of � said plat ; thence S87°07 ' 07"E along said Westerly extension and � along the North line of Lots 9 ,10 , 11 and 12 of said Block 128 .00 � feet to the Southwest corner of Lot 20 , Block 35 , of said plat; Gt� thence NO2°00 ' S3"E along the West line of said Lot 20 and along its Northerly extension 130 .00 feet to the centerline of vacated South 118th Street ; thence S87°07 '07"E along the centerline of vacated South 118th Street 150 . 00 feet to the centerline of vacated 89th Avenue South ; thence S02 °00 ` 53"W along said centerline 520.00 feet, more or less , to the South line of the NW 1/4 of Section 7 , Township 23 North, Range 5 East, W.M. , being the centerline of vacated South 120th Street ; thence Westerly along said centerline 180 feet, more or less , to the Southerly extension of the West line of Lot 12 , Block 40 of said plat ; thence Northerly along the Southerly extension and along the West line of said Lot 12 a distance of 130 feet, more or less , to the point of beginning. . �x�� 6�� �-�B • � LEGAL DESCRIPTION GREENBELT AREA RAINIER AVENUE EXCAVATION SITE � • That portion of Blocks 30 , 35 , 36 , 39 , and 40 , of Bryn Mawr Addition as filed in Volume 5 of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining, described as follows : Beginning at the northwest corner of Lot 12 , Block 40 of said plat ; thence N87°07 `07"W along the southerly boundary of Lots 22 , 23 , and 24, of said Block 40 , and along their westerly extension, 98 .00 feet to the centerline of the vacated alley adjoining said Lot 24; thence NO2°00 ' S3"E along the centerline of said alley 100 . 00 feet to the Southerly margin of vacated South 119th d' Street ; thence northerly across said Street 60 .00 feet to the � centerline of the vacated alley adjoining Lot 9 , Block 35 of said � plat ; thence NO2°00 ' S3"E along said centerline 200.00 feet to the ,� southerly margin of South 118th Street ; thence S87°07 ' 07"E along � said southerly margin 8 .00 feet to the northwest corner of Lot � 24 , Block 35 , of said plat ; thence NO2 °00 ' S3"E along the � Northerly extension of the West line of said Lot 24 a distance of � 30 . 00 feet to the centerline of South 118th Street ; thence GD S87°07 ' 07"E along the centerline of vacated South 118th Street 120.00 feet to the southerly extension of the West line of Lot 13 , Block 30 of said plat ; thence NO2°00 'S3"E along the southerly extension and along the West line of said Lot 13 a distance of 130 . 00 feet to the Northwest corner of said Lot ; thence S87°07 '07"E along the north line of Lots 13 , 14, 15 , and 16 , and along their easterly extension 150.00 feet to the centerline of vacated 89th Ave. South• thence S02°00 'S3"W along said centerline 7 .00 feet ; thence S49d25 '00"W 219.00 feet; thence S30°00 '00"W 150.00 feet; thence S03°SS '00"E 90.00 feet; thence S16°00 '00"E 111 .00 feet ; thence S39°45 '00"E 56 .50 feet; thence N80°30 `00"E 114.50 feet; thence S87°07 '07"E 278.5 feet; thence S58°45 ' 00"E 79.00 feet ; thence N73°OS '00"E 50. 5 feet,. more or less , to the Westerly margin of Rainier Avenue;. thence Southeasterly along said Westerly margin 134 feet, more or less , to the South line of the NW 1/4 of Section 7 , Township 23 North, Range 5 East, W.M. , being the centerline of vacated South 120th Street ; thence Westerly along said centerline 582 feet , more or less , to the Southerly extension of the West line of Lot 12 , block 40 of said plat; thence Northerly along the Southerly extension and along the West line of said Lot I2 a distance of I30 feet to the point of beginning. t r �x�� � �� � �� � � PARCEL "D" . • RAINIER AVENUE EXGAVATION SITE ThaC portion of Blocks 30 , 35 and 36 , of Bryn Mawr Addition as filed in Volume 5 of plats , page 58 , records o� King County , Washington , and of the vacated streets and alleys adjoining , described as...fallows :_. - ;,'. - Beg'znrting at�� th.e -"northeast carner of Lot 9 , Block 36 , of said Plat ; thence S02°00 ' S3"W along the East line of said Lot 9 a di.s�ance of� 54.40 feet �o the Northwest corner of Lot 7 of said Block 36; �hence 587°07rQ7'rE along the Nor�h line af said Lot 7and along its Wes��erly extensian a d" disCance of 145 fest , more or less , to the Westerly margin of C''a Rainier Avenue; thence Northwesterly along said Westerly margin '�` 1$0 feeC, more or less , to the centerline af vacated South ll8th � S�reet; thence Wes�erly along said centerline 23b feet , more or � less , to the Northeriy extension of the East line of Lot I7 , � Black 3b , of said plat ; thence Sautherly along the Northerly ,`� extensian and along the East Iine of sai.d Lat 17 a distance of � 13Q fee�, more or less , to the Northwest corner of Lat 9, af said Q? Block; thence S87°07 'Q7"E along said North line 3Q.00 feet to the Nartheast corner of said Lot 9 and �he point af beginning. TOGETHER WITH LoCs 13 , I4, 15 , and I6, Block 30 , of said Plat, and together with that portion of the West half of Vacated $9th Avenue South adjoining said Lots on Che East, and toge�her with the North ha3£ of vacated South I18th Street adjoin3.ng said vacated $9th Avenue Sauth and Lots on the Sou�h. TClGETHER WZTH Lats 21 , 22, 23, and 24, of Block 35 of said Flat, and together with �he East half af vacated a11ey adjaining Lot 24 on Che West and the South half af vacated South 118th Street adjoining said Lots on the North. . E� �,�b,�- '�r COVENANTS KOHL EXCAVATING, INC . , seeks annexation and rezone of a certain parcel of land on the border o.f City limits. City of Renton reference file ECF086-86 , R-102-85. The subject site is legally described as set out on Exhibit "D", attached hereto an3 � incorporat�d by this reference. �'? r;" � As part of application being made ta the City of Renton, � 1? ROHL EXCAVATING, INC. , h�reby covenants: � - � 1 . To re:Erain from future development in the greenbelt � area, legally described as set out in Exhibit "C" , attached hereto and incorp�rated by this reference , insofar as the greenbelt area extends into the subject site. This Covenant shall run with the land. DATED: October /(p , 1987. ROHL EXCAVATING, INC. B y�� a � � - Its��=-_ ��C � . .. '. •n + 4 . . - _ � . . ._ -- � ... - . > � �.] . _� ci JSc�2�: U:�:l-E7/16/87 :.0 �'`• -'=.z: z � }__ � �"� l 'ri•1?=t Q C� _ . •�j,ii.•'?� ?F_ �•_ i-H R '�E+_L� : �u ���'i t���={;_,� r►:�:ri:�:�:, ��� �� _,.�.,,.� m..� �-;a�°! ?:,;"�,y,.,;r�- t:� ...:� t..�l..1 i�`.a.•.+..� .�� F+�?, "'�,. ,_.,� ... ;'�'�..,1�.?�....., ' ,� .{ t`n �{'�.�t �i 'v.���.'"' 'r� '�'t '•' .��S _ t _",.f .a.. `4' ,�...� ti '� � -...� _, � ......'i;,i `,J;�I`'<� y :.J' . {��. �. .i..�. � � PARCEL "A" . . � � RAINIER AVENUE EXCAVATION SITE That portion of Blocks 36 and 39 , of Bryn Mawr Addition as filed in Volume S of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the northeast corner of Lot 9 , Block 36 , of said Plat ; thence S02°00 ' S3"W along the East line of said Lot 9 a distance of 50.00 feet to the Northwest corner of Lot 7 of said Block 36 ; thence S87°07 ' 07"E along the North line af said Lot � 7 and along its Westerly extension, a distance of 145 feet , more �„� or less , to the Westerly margin of Rainier Avenue ; thence � Southeasterly along said Westerly margin 353 feet , more or less , 0 to the South line of the NW 1/4 of Section 7 , Township 23 North, � Range 5 East, W.M. , being the centerline of vacated South 120th � Street; thence Westerly along said centerline 405 feet , more or � less , to the centerline of vacated 89th Avenue South; thence �"� NO2°00`53"W along said centerline 520 feet,- more or less to the � centerline of vacated South 118th Street ; thence S87a07 ' 07"E along said centerline 150 feet , more or less , to the Northerly extension the East line of Lot 17 , Block 36 , of said Plat; thence S02°00 ' S3"W along the Northerly extension and along the East line of said Lot 17 a distance of 130 feet , more or less , to the Northwest corner of Lot 9 of said Block; thence S87°07 '07"E along said North line 30.00 feet to the Northeast corner of said Lot 9 and the point of beginning. . •. � ��1�� b► + A ' ' ' PARCEL "B" . ' ' RAINIER AVENUE EXCAVATION SITE That portion of Blocks 35 , 36 , 39 , and 40 , of Bryn Mawr Addition as filed in Volume S of plats , page 58 , records of King County, Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the Northwest corner of Lot 12 , Block 40 of said Plat; thence N87°07 '07"W along the southerly boundary of Lots 22 , 23 , and 24, of said Block 40 , and along their westerly extension, 98 .00 feet to the centerline of the vacated alley adjoining said � Lot 24; thence NO2°00 ' S3"E along the centerline of said alley � 100 . 00 feet to the Southerly margin of vacated South 119th � Street; thence northerly across said Street 60 .00 feet to the Q centerline of the vacated alley adjoining Lot 9 , Block 35 of said �2 plat; thence NO2°00 ' S3"E along said centerline 100 .00 feet to the �3 to the Westerly extension of the North line of Lot 9 , Block 35 of � said plat; thence S87°07 '07"E along said Westerly extension and � along the North line of Lots 9 ,10 , 11 and 12 �of said Block 128 . 00 � feet to the Southwest corner of� Lot 20, �Block 35 , of said plat ; � thence NO2°00 ' S3"E along the West line of said Lot 20 and along its Northerly extension 130.00 feet to the centerline of vacated South 118th Street ; thence S87°07 `07"E along the centerline of vacated South 118th Street 150 . 00 feet to the centerline of vacated 89th Avenue South ; thence S02 °00 � 53"W along said centerline 520.00 feet , more ar less , to the South line of the NW 1/4 of Section 7 , Township 23 North, Range 5 East, W.M. , being the centerline of vacated South 120th Street ; thence Westerly along said centerline 180 feet , more or less , to the Southerly extension of the West line of Lot 12 , Block 40 of said plat ; thence Northerly along the Southerly extension and along the West line of said Lot 12 a distance of 130 feet, more or less , to the point of beginning. . , , E� �; b�-� �tS • � LEGAL DESCRIPTION GREENBELT AREA RAINIER AVENUE EXCAVATION SITE . • That portion of Blocks 30 , 35 , 36 , 39 , and 40 , of Bryn Mawr Addition as filed in Volume 5 of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining, described as follows : Beginning at the northwest cor�er of Lot 12 , Block 40 of said plat ; thence N87°07 ' 07"W along the southeriy boundary of Lots 22 , 23 , and 24, of said Block 40 , and along their westerly extension, 98.00 feet to the centerline of the vacated alley adjoining said Lot 24; thence NO2°00 ' S3"E along the centerline of said alley 100 . 00 feet to the Southerly margin of vacated South 119th � Street ; thence northerly across said Street 60 .00 feet to the � centerline of the vacated alley adjoining Lot 9 , Block 35 of said �� plat ; thence NO2°00 ' S3"E along said centerline 200.00 feet to the southerly margin of South 118th Street; thence S87°07 '07"E along ,� said southerly margin 8 .00 feet to the northwest corner of Lot � 24 , Block 35 , of said plat ; thence NO2 °00 ' S3"E along the r� Northerly extension of the West line of said Lot 24 a distance of � 30 . 00 feet to the centerline of South 118th Street ; thence � S87°07 ' 07"E along the centerline of vacated South 118th Street 120.00 feet to the southerly extension of the West line of Lot 13 , Block 30 of said plat ; thence NO2°00 `53"E along the southerly extension and along the West line of said Lot 13 a distance of 130 . 00 feet to the Northwest corner of said Lot ; thence S87°07 `07"E along the north line of Lots 13 , 14, 15 , and 16 , and along their easterly extension 150.00 feet to the centerline of vacated 89th Ave. South• thence S02°00'S3"W along said centerline 7.00 feet; thence S49d25 '00"W 219.00 feet; thence S30°00'00"W 150.00 feet; thence S03°55 '00"E 90.00 feet; thence S16°00`00"E 111 .00 feet; thence S39°45 '00"E 56 .50 feet; thence N80°30 '00"E 114.50 feet; thence S87°07 '07"E 278. 5 feet; thence S58°45 '00"E 79.00 feet ; thence N73°05 '00"E 50.5 feet, more or less , to the Westerly margin of Rainier Avenue; thence Southeasterly along said Westerly margin 134 feet, more or less , to the South line of the NW 1/4 of Section 7 , Township 23 North, Range 5 East, W.M. , being the centerline of vacated South I20th Street ; thence Westerly along said centerline 582 feet , more or Iess , to the Southerly extension of the West line of Lot 12 , block 40 of said plat; thence Northerly along the Southerly extension and along the West line of said Lot I2 a distance of 130 feet to the point of beginning. � � � �i�� �; }- C . . PARCEL "D" . . RAINIER AVENUE E�CAVATION SZTE That portion of Blocks 30, 35 and 36 , of Bryn Mawr Additian as filed in Volume S of plats , page 58 , records of King Coun�y , Washington , and of the vaca�Ced stree�Cs and alleys adjoining , described as falI.ows .- � ; -- --... .__ -.� . ... Beginning at the northeast corner flf LaC 9, BZack 36 , af said P1.at ; thence S02°QO ` S3"W along the East line af said Lat 9 a dis�ance of S0.40 feet �o the Narthwes� corner of Lot 7 of said Block� 36 ; �. �hence � �87°07 '47"E alang �he Nor�h line of said Lot 7and along its Westerly extension a distance of 145 feet , more ar less , to the Westerly margin of Rainier Avenue; thence Northwesterly al.ong said Westerly margin I$0 feeC , more or less , to �he centerline af vacated South ll8th SCree�; thence Wes�erly along said centerline 13b fee� , more or less , to the Norther7.y extension of �he East Iine of LoC 17 , Biock 3b , of said p2at ; thence Sou�herly along the Northerly !t'� extension and along the East line of said Lat 17 a distance of �"� 134 feet, more or less , to the Northwest corner of Lot 9 , of said 'd" Black; �Chence S$7°07 '07"E alang said North line 30.OQ feet to the a Nartheast corner o£ said Lat 9 and the point of beginning. �1 � �'� TOGETHER WITH Lots I3 , I4, I5 , and I6 , Block 30 , of said Plat , and together with that porti.on of the West haif of Vacated 89th �. Avenue South adjoining sazd Lats on tha East, and toge�her with Gt� the Narth half of vacated South 11$th S�reet adjoi.ning said vacated 89th Avenue Sauth and Lots on the South. TOGETHER WITH Lats 21 , 22 , 23 , and 24, of Block 35 of said Plat, and together with the East half o£ vaca�ed alley adjoining Lot 24 on the West and the South half of vacated Sou�h 118th S�reet adjoining said Lots on the North. , , �x��{ b� t �� COVENANTS Applicant, ROHL EXCAVATING, INC . , has petitioned the City of Renton to rezone property located on the West side of Rainier Avenue North at the 800 to 850 block, reference file R-103-86 . Said property is legally described as set out on Exhibit "B" , attached hereto and incorporated by this reference. As part oi that application , KOHL FXCAVATING, INC . , hereby covenants: � (1 ) To refrain from future development in the greenbelt area, ;� legally described as set out in Exhibit "C" , attached hereto and � incorporated by this reference, insofar as the greenbelt area extends . O =�� into the subject site. 1 � (2 ) The only ingress and egress from the site described on � Exhibit "B" , shall be restricted to the site immediately east and t` � described on Exhibit "A" herein. (3 ) The building heights on the sight shall be limited to a maximum rooftop elevation of 100 feet. (4 ) To refrain from future development in that area of the site � above the 70 foot contour line, even insofar as that may extend beyond the greenbelt area described in $1 above. This covenant is given with the understanding that the term development does not include landscaping, catch basins , existing swail , or existing pipes. These Covenants shall run with the land. � DATED: C�c,�r,�G,s,, / L ► 198�• ROHL EXCAVATING, INC . � r-- �_� By l./�/1 Q � � - , p � - - a �/_ � ,n � -- _ I t s� �s�' � ` .. � J S.1:G'1:9�f 1�6�,E�8 7 :u � .- - - � '�, fJ _ - ��. :�t_fi.:��'_ ?�i i��:a:'r. `: �3 t-.. ` =-L .: � � �;" ,�`,`E��L� + +i, (tl„t (L� " - - _ t.3 G1" :�-' ��-E=�h`,L :-F:�}:ti:.y':�-i a 1 1f f O ._._ - S � - Im,� y..e�, r.. ...,>,i we, r^-,r� .tf ,y�.,......� �+�� . . <....Y��+..f . �. _.+ . � -.��..: � . i - �. ,.�� . �.� . _.. . -..':.._..... _.- . ..,. - ' —• 1 . 1 . . �� % .. - .� t. . . .r � � �.. ..,. . � . . , _ . �...e .. .�.� � .�.. _s. .a '.ir..�,� . ,.. e,. _�,� '. .z . .. , . _ , . � ' PARCEL "A" . � � RAINIER AVENUE EXCAVATION SITE That portion of Blocks 36 and 39 , of Bryn Mawr Addition as filed in Volume 5 of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the northeast corner of Lot 9 , Block 36 , of said Plat ; thence S02°00 ' S3"W along the East line of said Lot 9 a - distance of 50 . 00 feet to the Northwest corner of Lot 7 of said t� Block 36 ; thence S87°07 '07"E along the North line of said Lot t'9 7 and along its Westerly extension, a distance of 145 feet, more d" or less , to the Westerly margin of Rainier Avenue ; thence � Southeasterly along said Westerly margin 353 feet , more or less , � to the South line of the NW 1/4 of Section 7 , Township 23 North, `v Range 5 East, W.M. , being the centerline of vacated South 120th ,r.� Street; thence Westerly along said centerline 405 feet , more or �. less , to the centerline of vacated 89th Avenue South; thence (� NO2°00 ' S3"W along said centerline 520 feet, more or less to the centerline of vacated South 118th Street ; thence S87d07 ' 07"E along said centerline 150 feet , more or less , to the Northerly extension the East line of Lot 17 , Block 36 , of said Plat; thence S02°00 ' S3"W along the Northerly extension and along the East line of said Lot 17 a distance of 130 feet , more or less , to the Northwest corner of Lot 9 of. said Block; thence S87°07 ' 07"E along said North line 30.00 feet to the Northeast corner of said Lot 9 and the point of beginning. # . � �.4��6� �- P � PARCEL "B" . , � � RAINIER AVENUE EXCAVATION SITE That portion of Blocks 35 , 36 , 39 , and 40 , of Bryn Mawr Addition as filed in Volume S of plats , page 58 , records of King County, Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the Northwest corner of Lot 12 , Block 40 of said Plat; thence N87°07 ' 07"W along the southerly boundary of Lots 22 , 23 , and 24, of said Block 40 , and along their westerly extension, 98.00 feet to the centerline of the vacated alley adjoining said Lot 24; thence NO2°00 ' S3"E along the centerline of said alley 100 . 00 feet to the Southerly margin of vacated South 119th Street ; thence northerly across said Street 60 .00 feet to the centerline of the vacated alley adjoining Lot 9 , Block 35 of said plat; thence NO2°00 ' S3"E along said centerline 100.00 feet to the to the Westerly extension of the North line of Lot 9 , Block 35 of said plat ; thence S87°07 ' 07"E along said Westerly extension and � along the North line of Lots 9,10 , 11 and 12 of �said Block 128 .00 � feet to the Southwest corner of Lot 20., Block 35 , of said plat ; � thence NO2°00 ' S3"E along the West line of said Lot 20 and along � its Northerly extension 130.00 feet to the centerline of vacated � South 118th Street; thence S87°07 ' 07"E along the centerline of � vacated South 118th Street 150 . 00 feet to the centerline of rl vacated 89th Avenue South ; thence S02°00 ` 53"W along said � centerline 520.00 feet, more or less , to the South line of the NW � 1/4 of Section 7 , Township 23 North, Range 5 East, W.M. , being the centerline of vacated South 120th Street; thence Westerly along said centerline 180 feet , more or less , to the Southerly extension of the West line of Lot 12 , Block 40 of said plat ; thence Northerly along the Southerly extension and along the West line of said Lot 12 a distance of 130 feet, more or less , to the point of beginning. . [�1��b�-� � �� ' ' LEGAL DESCRIPTZON GREENBELT AREA RAINIER AVENUE EXCAVATION SITE • � That portion of Blocks 30 , 35 , 36 , 39 , and 40 , of Bryn Mawr Addition as filed in Volume S of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining, described as follows : Beginning at the northwest corner of Lot 12 , Block 40 of said plat; thence N87°07 ' 07"W aiong the southerly boundary o.f Lots 22 , 23 , and 24, of said Block 40 , and along their westerly extension , 98.00 feet to the centerline of the vacated alley adjoining said Lot 24 ; thence NO2°00 ' S3"E along the centerline of said alley 100 . 00 feet to the Southerly margin of vacated South 119th Street; thence northerly across said Street 60 .00 feet to the � centerline of the vacated alley adjoining Lot 9 , Block 35 of said � plat; thence NO2°00 ' S3"E along said centerline 200. 00 feet to the � southerly margin of South 118th Street ; thence S87°07 ' 07"E along Q said southerly margin 8 .00 feet to the northwest corner of Lot � 24 , Block 35 , of said plat ; thence NO2 °00 ' S3"E along the �� Northerly extension of the West line of said Lot 24 a distance of � 30 . 00 feet to the centerline of South 118th Street ; thence � S87°07 '07"E along the centerline of vacated South 118th Street � 120.00 feet to the southerly extension of the West line of Lot 13 , Block 30 of said plat; thence NO2°00 ` 53"E along the southerly extension and along the West line of said Lot 13 a distance of 130 . 00 feet to the Northwest corner of said Lot ; thence S87°07 ' 07"E along the north line of Lots 13 , 14, 15 , and 16 , and along their easterly extension 150 . 00 feet to the centerline of vacated 89th Ave. South• thence S02°00 ' S3"W along said centerline 7 .00 feet; thence S49d25 '00"W 219 .00 feet; thence S30°00 '00"W 150.00 feet ; thence S03°55 '00"E 90 . 00 feet; thence S16°00 `00"E 111 .00 feet; thence S39°45 '00"E 56 .50 feet; thence N80°30 '00"E 114.50 feet ; thence S87°07 `07"E 278 .5 feet; thence S58°45 ' 00"E � 79.00 feet ; thence N73°OS ' 00"E 50. 5 feet, more or less , to the Westerly margin of Rainier Avenue; thence Southeasterly along said Westerly margin 134 feet, more or less , to the South line of the NW 1/4 of Section 7 , Township 23 North, R�nge 5 East, W.M. , being the centerline of vacated South I20th Street ; thence Westerly along said centerline 582 feet , more or less , to the � Southerly extension of the West line of Lot 12 , block 40 of said plat; thence Northerly along the Southerly extension and along the West line of said Lot I2 a distance of 130 feet to the point af beginning. . ��.��b� }- � Ci - , PARCEL "D" ` RAINIER AVENUE EYCAVATION SITE That portion of Blocks 30 , 35 and 36 , of Bryn Mawr Addition as filed in Volume S of plats , page 58 , records of King County , Washington , and of the vacated streets and alleys adjoining , described as follows : Beginning at the northeast corner of Lot 9 , Block 36 , of said Plat ; thence S02°00 ' Se3"W along the East line of said Lot 9 a distance of 50 . 00 feet to the Northwest corner of Lot 7 of said Block 36 ; thence S87°07 '07"E along the North line of said Lot 7and along its Westerly extension a distance of 145 feet , more or less , to the Westerly margin of Rainier Avenue ; thence Northwesterly along said Westerly margin � 180 feet , more or less , to the centerline of vacated South 118th � Street; thence Westerly along said centerline 136 feet, more or O less , to the Northerly extension of the East line of Lot 17 , ,� Block 36 , of said plat ; thence Southerly along the Northerly � extension and along the East line of said Lot 17 �a distance of � 130 feet, more or less , to the Northwest corner of Lot 9 , of said �.,+ Block; thence S87°07 ' 07"E along said North line 30 .OQ feet to the n. Northeast corner of said Lot 9 and the point of beginning. � TOGETHER WITH Lots 13 , 14, 15 , and 16 , Block 30 , of said Plat, and together with that portion of the West half of Vacated 89th Avenue South adjoining said Lots on the East , and together with the North half of vacated South 118th Street adjoining said vacated 89th Avenue South and Lots on the South. TOGETHER WITH Lots 21 , 22 , 23 , and 24, of Block 35 of said Plat , and together with the East half of vacated alley adjoining Lot 24 on the West and the South half of vacated South 118th Street adjoining said Lots on the North. � , � E��,b�� l�