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Home My WebLink AboutA 8403190497 � '" ' '! ..j. � + � . , . . A EXHIBIT " B" � Ord i nance No. 3795 I CONCOMITANT ZONING AGREEMENT �''�''��-�?'��` #`i`{'�� BETWEEN THE CITY OF RENTOIV ��;=�' F �.{.�.�1�'} AND G.M. ASSOCIATES ��`•�-- '��'��'�`��i=��-� �� i THIS INSTRUMENT dated the /7T� day of Q��-� , III 1983 in favor of the CITY OF RENTON, a municipal corporation organized under the laws of the State of Washington (hereafter the ' "City") , and by G.M. AvSOCIATES, a Washington partnership � � (hereafter the "Applicant") . A RECITALS 0� �-1 � WHEREAS, the Applicant owns or controls certain real property �7' ` �j within the City of Renton which is described in Exhibit A a`ttached hereto and incorporated herein by this reference as if fully set forth (hereafter the "Property") , and �---�r;j , _�, ,. . ' ,.._<<,t.�:'?-)��; ��a�, �)A;' WHEREAS, the applicant has applied for a rezone of the =;, , :� � ; .:�.� i�, i s 24 �� '�' . Property referred to as City of Renton File No . R-�J18-82; and;�•;•--,�w -�;V„_�� F _ . �,,`-;,+�t`' ;.�'- _ � WHERE�,S, that application for a rezone has been granted �� " --� f-` i';�� {�:!'y ` °itA�� subject to certain conditions which must be binding upon not only the Applicant but also any successors in interest; NOW, THEREFORE, IT IS AGREED that any development of the Property pursuant to the zoning classification granted by the above-referenced rezone shall be subject to the conditions set forth herein. Further , the � Applicant covenants , agrees and declares that all of the Property will be held , sold, and conveyed subject to and burdened by the conditions contained herein. All of the provisions of this instrument shall be binding upon all parties now having or FiLED fOR RECO�D AT R�'�10F -1- ', o�a��a�rc�ac s��rar�cru�. 290�I�1 AYE�: �� , y r r I hereafter acquiring any right, title, or interest in or to the Property or any part thereof. These conditions shall remain in effect until the Property is completely developed or until such time as the conditions are amended by the City of Renton through the procedures established for amending the conditions of a rezone. 1. Each phase of residential development proposed under this rezone shall be by Planned Unit Development application. At least � � one Final PUD Plan approval by the Renton City Council shall occur �j prior to any construction of public or private improvements within �i � or serving the rezone area except for offsite sanitary sewer tr � construction necessary to provide service to the basin within which the rezone area is located. 2. Each Final PUD Plan approval shall precisely identify all public or private improvements proposed as a result of that Final PUD Plan. The City Council approval or modification thereof shall constitute the allowable public or private improvements authorized by that Final PUD Plan. 3 . Any public improvements authorized in the above Final PUD Plan shall be assured by the Applicant to the satisfaction of the Environmental Review Committee that a mechanism, whether City initiated LID or otherwise, will provide that roads in the area are improved to accommodate the projected traffic of each Final PUD Plan prior to issuance of a building permit for that phase of that Final PUD Plan. Said improvements shall include but are not necessarily limited to the following. Any required public improvement shall be completed prior to the initial occupancy, of any building or use within the associated Final' PUD Plan area. -2- i � L_ a. The Applicant shall reconstruct the intersection of N.E. 4th Street with Duvall Avenue N.E. to include an east- bound left-turn, westbound right-turn, westbound left-turn, and southbound right-turn lanes along with a fully-actuated signal to City standards. Incremental improvments are appropriate based upon the develoment stage of the Final PUD Plan. These improvements will be recommended by the � � ERC/Hearing Examiner with each subsequent Final PUD Plan '� Q � application or subdivision application. � b. Median left-turn lanes , if deemed appropriate by the � � City, will be provided by the Applicant on Duvall Avenue N.E. at all major driveways. c. The paved shoulder that currently exists on both sides of Duvall Avenue N.E. adjacent to the site will be retained by including it in any widening project. These shoulders shall be maintained at a minimum of four (4) feet in width for bicycle use. Such shoulder construction does not relieve the Developer from normal curb, gutter , sidewalk , and similar ' street appurtenances otherwise required by ordinance, resolution or policy on the westerly one-half of Duvall Avenue N.E. d . The first Final PUD Plan in the vicinity of the north property line of this rezone area shall include dedication of and construction of an east/west street for traffic circu- lation along the northern edge of the subject site meeting all design standards appropriate to a collector public street as provided by the Subdivision Ordinance including but not -3- , necessarily limited to curb, gutter , and sidewalk, improve- ments on one side with two travel and one parking lanes of paving, storm drainage and street lighting. 4. Prior to issuance of a building permit for the first public or private improvement within the rezone area, the Developer shall pay the following fees for public improvements. a. The following schedule represents a proportionate i`� � participation in the necessary traffic corridor improvements I �' � on N. E. 3rd and 4th Streets: � e� �'1� .�;� I ntersect i on Cost �" � N.E. 3rd Street/Sunset Boulevard North 1. 90 $2 329 ► N.E. 4th Street/Monroe Avenue North 3.1% 2,105 N. E. 4th Street/Edmonds Avenue North 3. 10 3 ,096 57,530 , b. The Applicant shall participate in downstream channel improvements in the form of cash deposit into a new Heather- downs Creek reserve fund to be held by the City. Estimated costs for channel stabilization are $95,000. Northward' s five (5) percent proportionate share is $4 , 750 . 5. The Applicant shall extend both water and sanitary service to the subject site per City code. As a minimum, any new facil- ities installed shall be of sufficient size so that existing incorporated lands as of the date of approval of this rezone application can� be serviced at densities consistent with the cur- � rent Com rehensive Plan without re la P p cement of an new facilities Y installed by this development. This provision shall not be interpreted to require the Applicant to bear more than a fair share of the total cost of providing water and sanitary service to the i general area of this rezone site. � -4- I 6. The following mitigating measures are design consider- ations that will have to be taken into consideration at the time of PUD development or subdivision approval . a. Construction equipment shall be operated only between the hours of 7: 00 a.m. and 7: 00 p.m. , Monday through Friday. � b. The residential units shall be prewired for burglar � alarm systems which can be installed at the discretion of the � individual residents. Security locks per City code (i .e. , C'� � dead bolts) and solid core entry doors will be installed in � all buildings. IN WITNESS WHEREOF, the Applicant has caused this Agreement to be executed by its proper and fully-authorized officers and the City of Renton has accepted this Agreement as evidenced by the signature of the Mayor of the City of Renton. G.M. ASSOCIATES By , �..,_,�.,m.�. Richard Gilroy, General Partner ACCEPTED BY: THE CITY OF RENTON, a municipal corporation organized under the laws of the State of Washington B y�c�n�w -�, .S�.�+�f�C=�. Barbara Shinpoch, Mayor -5- I Approved as to form: . �� - � �-�.�-� City Attorney �• STATE OF WASHII1GTOiV ) ' ) ss. _ � COUNTY OF KING ) . � �C'c49.e� Q On this day personally appearecl before me �� Gilroy, to � me known to be the General Partner. of G.M. A5SOCIATES., the � partnership that executed the foregoing instrument, and acknow- �,1 le3ged the said instrument to be the free and voluntary act and � deed of said partnership, for the uses and purposes therein men- tioned, and on oath stated that he was authorized to execute the said instrument. GI/VEN under my hand and official seal this � day of "'"" �cTo ��C . 19 8 3 . `,��'',��a V�.1 �� . , .. - ��1 . ` '�� .,'�t� c- 'r ,�'�_ ~�T\ •�. x' y/ � .�. �• ��,.'' ��1f�i�d < �n �.C.+.aJlt�f��`�` : � A•: Notary Pu ic in ancx. �£,,c�� P �: �;� ; . State of Washington,� �_'e�� '1��"'��`,' rz';' { � a t IC3E`[.�'Vi�B �' 3��ti�`"'. -�`" =`y��.. •3�.��Yi�' : J ,n• ir.i!1ii��,, _ • � :YiY :t-.'-,: :� , _ . � �� I1 ,� • . � � .. ♦ � ' CONCOMIT�IN7 ZONING �GREEMENT BE7WEEN THE CITY OF RENTON AND G.M. A5�OCIATE� AUDENDUM TO AGR��M�N7 � If the developer must oversite the utility extensions required under this agreement. � beyond that necessary to serve its property, then the developer shall have the right to �? r�quest a latecomer's agreement frnm the City of F�enton. tT� � The City �f Ftenton shall nut be required to contribute any money to th� developer for the C� � oversizing of the utility extensions. Furthermore, should any of the City of R�nton � � utilities which would serve the developer's property require enlarginy then the developer will be required to cnnstruct said enlargements at his expense, or the City at its optinn will construct said enlargements and the developer shall pay the City for all costs associated with said enlargements. Particularly (but not limited to) the developer shall pay the City for any necessary expansions of the storm water drainage system and sanitary sewer system in Heather powns area. By: Richard ilroy, rtner ST�TC OF WASHINGTON ) ) ss. COUNTY OF KING ) 1 On this day personally appeared befure me Richard Gilroy, to me known to be the � General Partner of G.M. I�S�OCIATLS, the partnership that executed the �foregoing ! instrument, and acknowlec�ged the said instrument to be the free and voluntary act and deed of said partnership. �for the uses and purposes therein mention�d, and on oath stated that he was authorized to execute the said instrument. GIVEN under my hand and official seal this 9fh day of,,:�',s,��,�, �'�i , ' ��,�H,�'Y , 1984. . `�a't -.��ti `d ��. ,.y,ti. � u , ';�_ �'��Tcr' '". � . / �� Pat� Cl . . ± ,��;-� ,�L l'Q'�l .�'. � ��` v y a Notary Public �n and for��, . e•.:.��d. e'� 'of.�'� Washington� residiny at %�� „= 1 � � � f � ' � • , � ^ . . . � EXHIBIT A to the CONCOMITANT ZONING AGREEMENT BETWEEN THE CITY OF RENTON AND G.M. ASSOCIATES � Parcel A � pThe Northeast quarter of the Northwest quarter of the Southwest � quarter of Section 10 , Township 23 North, Range 5 East, W.M. , � in King County, taashington; � EXCEPT the North 30 feet thereof for road purposes as reserved � in deeds recorded under King County Recording Nos. 340f3392 and 3564211, and as delineated on the King County Assessor' s Map. Parcel B , The Northwest quarter of the Southeast quarter of the Northwest quarter of the Sout�west quarter of Section 10 , Townshi� 23 North, Range 5 East, Ta.M. , in King County, LVashington. Parcel C The Southeast quarter of the Northwest quarter of_ the Southwest quarter of Section 10 , Township 23 North, Range 5 East, �a.i�i. , in King County, Washington; - EXCEPT the Northwest quarter of the Southeast quarter of the Northwest quarter of the Southwest quarter in said Section 10 ; AND EXCEPT the South 15 feet thereof. Parcel D ' The West half of the V�est half of the Northeast quarter of the , Southwest ,quarter of Section 10 , Township 23 North, Range 5 East, W.M. , in King County, ��ashington; EXCEPT the North 30 feet thereof for road purposes as reserved in deed recorded under King County Recording No. 3338158 and as delineated on the King County Assessor' s Map. Parcel E That portion of the East half of the [�Test half of the Northeast quarter of the Southwest quarter of Section 10 , Township 23 North, Range 5 East, t�.P4. , in King County, t�Tashington lying t^7esterly of 138th Avenue Southeast as conveyed to King County by deed recorded under King County Recording No. 6404320; EXCEPT the North 30 feet and the South 20 feet thereof for road purposes as reserved by deed recorded under King County Record- ing No. 3297568 and as delineated on t�-�e King County .Assessor' s - Map. -8-