HomeMy WebLinkAboutA 20031229000202"
A eturn Address':.
Office'of the City Clerk-••`• •...•.
Renton City Hall .
1055 South Gtady` Wad• :..
:'Renton_:WA.:98055 ,
D00202
Document Title(s):,(or trdrisactions oontatned theretii);
1 Development Agreement for D'alpay 2003 Rezorie
Reference Number(s) of Documents assign ed,:or released:
(on page of documents(s))
Grantor(s) (East name first, then first name an&inttials)
1 DalpayTroperhes, L L C , Woodcock, Louts, Goebel, Edwm`and'Marguerifc,A,:
Grantee(s) (Last name first, then first name and mttials) ""•
1 Ctty of Renton
Legal:'desepptwq (abbreviated t e lot, block, plat or section, township, range)•.....,:
LEGAL DESCRIPTION FOR "CN" ZONING AREA
THE NORTH 229.:N.T'EET OF, THE SOUTH 385 00 FEET OF THE WEST:A"51. 09 FEET OF
THE EAST 731:.6,mmkET..OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTIONA .: TOWNWIP 23 NORTH, RANGE 5 EAST, W M , EXCEPT THE SOUTH
36 50 FEET -OF THE. -WEST 5000.,FEET:THEREOF
SITUATE IN THE;CITY OF R"N,. COUNTY OF.KING, STATE OF WASHINGTON
LEG&6ESCRIPtION FOR T"R-10".,20NIN.0 AREA
THE SOUTH 156 00 FEET OF THE WEST 401: 09 FEET ' -OF fHE EAST 68109 FEET OF THE
SOUTHEAST QUARTER OF THtSQUTiIEAST QUARTER OF:'SEGTION, 4, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W M ,
SITUATE IN THE CITY OF RENTON, COUNTY.dF KING,:STA'1`E OF WASHINGTON .
�JX Full legal is on pages Exhibit A through Exhibit C mof:dociunent
Assessor's Property Tax Parcel/Account Number
Portions of the following #0423059100, 0423059067, 0423059101;`.0423059099,.042305040.
DEVELOPMENT AGREEMENT
PARTIES
Tjm§, Devolopment Agreement (this "Agreement") is made and entered into this 8 day of
-becoffibef, 2003 by -and between the CITY OF RENTON ("City"), a municipal corporation of the
State of...Wasliing6n, and-PALPAY,PROPERTIES, L L C, a Washington limited liability company,
LQUIS-."B WOODQQ ' CK,.:.,an jndQua) property owner, GODOFREDO & AVELINA BLANCO,
o id14ual.p�perty iv arid EDWhN GOEBEL, an individual property owner, of parcels of
:i
e'- a covered by this Agre -i�4nt ("Owner'))
property.:Wiihin the ar
RECJTALS
WHEREAS:,"'on ...:, Degembe 6 2.-])�" AY PROPERTIES, LLC, a Washington limited
-pi15,-2, 0 . ,ALP
liability company, on behalf of themselvis and the"three other owners in this area made application to
the City of Renton or' h -nsive PlAn Land Ise Map.;. amendment and Zoning Map
amendment of the property that Ls now 1411y described as follows (the Property")
WHEREAS, the City has assigned.Tile.Nod LUA 42=1 ECF,.R.CPA, and 2003-M-12 to that
application, and
WHgRAS,:*.h.e Owner made application fbr:':T..ezomng ihi property i?ofnk->8 f6 CN;andthrough
the public process:. 4 compromise solution was agreed -to thofti wduld,xezobe th6 "PrQpfrom the NE
ight-of-way to a point 126 feet north 6 .. f said rijht-of-w4yfrom ;r..8 t. R-10, and
12'h Street 0ub.lic r'
the remainder of the-R-8 property north of 126 feet from R-8 to CN
WHEREAS, thd Owner seeks to have the Property rezoned from: C-N and R-10 based upon
the compromise and sdgjesteq division of land stated above,
WHEREAS, tihe PhdiiLing :Commission recommendation includes conditions: to be placed upon
rezofie,qf:the::sub)ect,....Propprtie.�,sI
WHEREAS.,thie- "aidopipa" PjannngDevelopment Committee report also includes
n�
recommendationsJor a dr.�q!o-Prnent agreementibat incorporates the Planning Commission report
conditions,
WHEREAS, this Agreerfient has 6�qen reviewed and appr&qd by the City Council of the City of
Renton, Washington, and
WHEREAS, this Agreement appeaeto be in the best interests 6f,the,,citizens of the City of
Renton, Washington,
NOW, THEREFORE, the parties agree as foll6ws:
SECTION 1. AUTHORITY
Pursuant to RCW 36 70B 170(1), the City and persons with ownership 4 control of ieAj.-.p�-.operty are
authorized to enter into a development agreement setting forth development Staff d ids and any, Other
provisions that shall apply to, govern, and vest the development, use; -...gnd mj4ii1orf:* of the
development of the real property for the duration of such development agreemen -
SECTION 2. SUBJECT PROPERTY
,A .Legal Description and Illustrative Map. The subject property that is proposed for rezone to
Center Neighborhood (CN) is legally described inExhibit A, attached hereto and incorporated by
reference as if fully set forth herein, and graphically represented in the drawing attached as
Exhibit B.:and incorporated herein as fully set forth
B.: Legal IjescriptiQn and Illustrative .Map The subject property that is proposed for rezone to
Residential-1(3' (R=10)is;aegally.rhescnbed in Exhibit C, attached hereto and incorporated by
reference as 'if fully sef forth lterein,," ari8''graphically represented in the drawing attached as
Exhibrt:D and incorporated here. i,;:as'iully„set forth
SECTION 3 4EGAL LOT LINES:ALONb:Z6N'F, BOUNDARY
At the time of development agreement;.execution, the proposed;. zoning boundary between the
proposed Center NeigfibQ#i6od and the proposed,:Residentia1-l0 pFoperties cuts through multiple
properties, splitting zoning on certain:indi:vidual parcels Prior to any,,.new development occurring on
the subject properties, the Owner agrees to ,coiipletion of lot hrie..adjustments and/or platting that
divides all of the properties in question accof.ding tq.ihe map:. ilustratton in Exhibit E
SECTION`+:.. DEVELOPMENT STANDARDS " :...
A. Veliicular Access
l Commercial: uses and their customers on the subjed:propertie$ are prevented frpin accessing
btiildiiigs from NE 12" Street Access to commercial buildings and propeities.:rriust be taken
f'rom.Sunset Boulevard and/or Union Avenue NE, if feasible- •1•1 .'
2"::>,.yehicular ,access for residential development for the Residential-10: portion of the subject
propert es`located-:along the NE 126' Street must be accessed via an alleyVith a maximum of
two.access po nts.bn NE 1�` ,Street
B. Landscape :Buffer Aegoired
The Center Neighborhodi portion of-tlie subject properties is required to provide a 15-foot sight -
obscuring landscape buffer along. the, Center:Neighbo>•haod property lines abutting Residential-8 and
Residential-10 zoned properties
SECTION 5. EFFECT OF DEVELOPMENT AGREENTENT'*
Unless amended or terminated, this Agreement°shall:be enforceable during ifs -.term by a party to this
Agreement, provided, however, only the City iiay.enforcgJhe above -'stated 4evelopment standards
The development standards in this Development' Agreement shall: govern durir►g"tlie:. term of this
Development Agreement Any permit or approval issued by the City after' the execution of this
Development Agreement must be consistent with this Development Agreenent
SECTION 6. AUTHORITY RESERVED ••
Pursuant to RCW 36 70B 170(4) the City reserves its authority to iiiipose n v ;or different
regulations to the extent required by a serious threat to public health and safety'
SECTION 7. RECORDING
P`ursuaht to RCW 36 70B 190, this Agreement shall be recorded with the real property records of
�kli g Coiinty:. During the term of this Agreement, the Agreement shall be binding on the parties and
their respective successors and assigns in interest with respect to the subject property
SECTION R. TERM
This Agreerrrent shall.'run;witn!'fhe supject properties and any successor legal lots contained within
said.:9ubj6cVpropert1gs until,amended or rescinded by the City Council in accordance with Section 9,
below...:-:' With respect to; anyr�portion(�):>bf the properties that are not developed, the parties to this
Agreement agree to eydluate the` Agreement peziod cally, but not less than every ten (10) years
Where apprrippate,.,:penodic review; of the'Agreement shall generally coincide with the City's
evaluation of its entire Comprehensive Plani
SECTION 9. AMENDMENT
The provisions of this Agreement;:-befflre twenty'(20) years from the date of
execution of this Agreement by all of the: :parties,;.`may only be amended with the mutual written
consent of the parties by way of amendment to thy; Development Agreenertt as authorized. by a City
Council Resolution After twenty (20) years; the.." `Ay.,may change.,,; the zoning and development
regulatioi s pertinent to the subject property `as part: of .:its normal `process of altetaq n to its
Comprehensive Plan, Zoning and Development Regitlation5'
SATED this 0 day of December, 2003
CITY OF RENTON
By...
Jesse Tanner, Mayor
_ - Attest
_ -- BQzime I' Waltm:City Clerk
Approyed•.as to Form
Lawrence J Warrten, City Attorney .
STATI�:OF WASHINGTON )
)ss
COUNTY OE KING )
I certify that I know or have had satisfactory evidence that EDWIN GOEBEL is the person who appeared
:before nie and acknowledged that he signed the instrument, on oath stated that he was authorized to
execute'the rnstrumeeht and acknowledged,it,as an individual property owner within the area that is the
subject of this aPiplicatipn�for the u.ses'and purposes mentioned in the instrument.
M.
Dated Naverr�ber 2.903,r
oN E. FirT'��
Print ! r • c,S1011tF' ,S 1t1
c0 NOTARY m i
Signature PUBLIC
•:
r
My Appointment: Expires 1 �A C-05
-23
07-23
WA5 �N�
STATE:'0F,WASHIN'6 04.. )
..)ss:
County of Kind'
I certify that eta:=#he;;25th day of: -November, 2003, before me the undersigned, a
Notary Public irk:.. and fofr ;the ..,Sta#e of Washington, duly commissioned and sworn
personally appeared„Margbente A. Gciebel, to me known to be the individual described
in, and who executed the; within.,.instrument and acknowledged to me that she signed
and ,sealed the same as her free and vblunitary, `act::and:4eed for the uses and purposes
therein mentioned
WITNESS my hand and official seal hereto . I fixed th'e 'd y and year in this
certificate first above written /
s�ON E FiT`�h
to
�� New Y m ', otary Public in and .for the State of Washington
PUBLIC Residing at Kent
'++ cP:A;•.• My appointment expires 07-23-05
N�'� .. ..
r
EXHIBIT A
Dalpay CPA & Rezone (20o3-M-12)
Exhibit B: Proposed CN Zoning
Economic Development, Neighborhoods & Strategic Planning
G NJ Rosano dwnistratw
T 14 Novmba 2003
O Study Area
i8oa,.` °'
EXHIBIT C
ualpay t, 'A & Hezone (20o3-M-12) :..:0 450 : ` 500
Exhibit D: Proposed R-10 ZoningF.
®Economic Development Neighborhoods & Strategic Planning 11 QQQ .
♦♦ ASac AeutA, Adnunisaela Study Area :� :.:y VOA'
G Vol RMW
0
Return Address
Office of the City Clerk
Renton City Hall
1055 South Grady Way
Renton, WA 98055
CITY OF RENTON 420031229000202
Document Title(s) (or transactions contained therein):
1. Development Agreement for Dalpay 2003 Rezone
Reference Number(s) of Documents assigned or released:
(on page _ of documents(s))
Grantor(s) (Last name first, then first name and initials):
1. Dalpay Properties, L.L.C.; Woodcock, Louis; Goebel, Edwin and Marguerite A.
Grantee(s) (Last name first, then first name and initials):
1. City of Renton
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
LEGAL DESCRIPTION FOR "CN" ZONING AREA:
THE NORTH 229.00 FEET OF THE SOUTH 385.00 FEET OF THE WEST 451.09 FEET OF
THE EAST 731.09 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE SOUTH
36.50 FEET.OF THE WEST 50.00 FEET THEREOF.
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
LEGAL DESCRIPTION FOR "R-10" ZONING AREA:
THE SOUTH 156.00 FEET OF THE WEST 401.09 FEET OF THE EAST 681.09 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M.;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
OX Fnll legal is on pages Exhibit A through Exhibit C of document.
Assessor's Property Tax Parcel/Account Number
Portions of the following: #0423059100, 0423059067, 0423059101, 0423059099, 0423059140
C ,j
DEVELOPMENT AGREEMENT
PARTIES
This Development Agreement (this "Agreement") is made and entered into this 8"' day of
December, 2003 by and between the CITY OF RENTON ("City"), a municipal corporation of the
State of Washington, and DALPAY PROPERTIES, L.L.C., a Washington limited liability company,
LOUIS B. WOODCOCK, an individual property owner, GODOFREDO & AVELINA BLANCO,
individual property owners, and EDWIN GOEBEL, an individual property owner, of parcels of
property within the area covered by this Agreement ("Owner").
RECITALS
WHEREAS, on Decemberl5, 2002 DALPAY PROPERTIES, L.L.C., a Washington limited
liability company, on behalf of themselves and the three other owners in this area made application to
the City of Renton for a Comprehensive Plan Land Use Map amendment and Zoning Map
amendment of the property that is now legally described as follows (the "Property"):
WHEREAS, the City has assigned File Nos. LUA 02-139 ECF, R, CPA, and 2003-M-12 to that
application; and
WHERAS, the Owner made application for rezoning the property from R-8 to CN, and through
the public process a compromise solution was agreed to that would rezone the property from the NE
12t" Street public right-of-way to a point 126 feet north of said right-of-way from R-8 to R-10, and
the remainder of the R-8 property north of 126 feet from R-8 to CN; and
WHEREAS, the Owner seeks to have the Property rezoned from R-8 to CN and R-10 based upon
the compromise and suggested division of land stated above;
WHEREAS, the Planning Commission recommendation includes conditions to be placed upon
rezone of the subject properties;
WHEREAS, the adopted Planning & Development Committee report also includes
recommendations for a development agreement that incorporates the Planning Commission report
conditions;
WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of
Renton, Washington; and
WHEREAS, this Agreement appears to be in the best interests of the citizens of the City of
Renton, Washington;
NOW, THEREFORE, the parties agree as follows:
SECTION 1. AUTHORITY
Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real property are
authorized to enter into a development agreement setting forth development standards and any other
provisions that shall apply to, govern, and vest the development, use, and mitigation of the
development of the real property for the duration of such development agreement.
SECTION 2. SUBJECT PROPERTY
A. Legal Description and Illustrative Map: The subject property that is proposed for rezone to
Center Neighborhood (CN) is legally described in Exhibit A, attached hereto and incorporated by
reference as if fully set forth herein, and graphically represented in the drawing attached as
Exhibit B and incorporated herein as fully set forth.
B. Legal Description and Illustrative Map: The subject property that is proposed for rezone to
Residential-10 (R-10) is legally described in Exhibit C, attached hereto and incorporated by
reference as if fully set forth herein, and graphically represented in the drawing attached as
Exhibit D and incorporated herein as fully set forth.
SECTION 3. LEGAL LOT LINES ALONG ZONE BOUNDARY
At the time of development agreement execution, the proposed zoning boundary between the
proposed Center Neighborhood and the proposed Residential-10 properties cuts through multiple
properties, splitting zoning on certain individual parcels. Prior to any new development occurring on
the subject properties, the Owner agrees to completion of lot line adjustments and/or platting that
divides all of the properties in question according to the map illustration in Exhibit E.
SECTION 4. DEVELOPMENT STANDARDS
A. Vehicular Access
1. Commercial uses and their customers on the subject properties are prevented from accessing
buildings from NE 12"' Street. Access to commercial buildings and properties must be taken
from Sunset Boulevard and/or Union Avenue NE, if feasible.
2. Vehicular access for residential development for the Residential-10 portion of the subject
properties located along the NE 12th Street must be accessed via an alley with a maximum of
two access points on NE 121h Street.
B. Landscape Buffer Required
The Center Neighborhood portion of the subject,properties is required to provide a 15-foot sight -
obscuring landscape buffer along the Center Neighborhood property lines abutting Residential-8 and
Residential-10 zoned properties.
SECTION 5. EFFECT OF DEVELOPMENT AGREEMENT
Unless amended or terminated, this Agreement shall be enforceable during its term by a party to this
Agreement; provided, however, only the City may enforce the above -stated development standards.
The development standards in this Development -Agreement shall govern during the term of this
Development Agreement. Any permit or approval issued by the City after the execution of this
Development Agreement must be consistent with this Development Agreement.
SECTION 6. AUTHORITY RESERVED
Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new or different
regulations to the extent required by a serious threat to public health and safety.
SECTION 7. RECORDING
Pursuant to RCW 36.7013.190, this Agreement shall be recorded with the real property records of
King County. During the term of this Agreement, the Agreement shall be binding on the parties and
their respective successors and assigns in interest with respect to the subject property.
SECTION 8. TERM
This Agreement shall run with the subject properties and any successor legal lots contained within
said subject properties until amended or rescinded by the City Council in accordance with Section 9,
below. With respect to any portion(s) of the properties that are not developed, the parties to this
Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years.
Where appropriate, periodic review of the Agreement shall generally coincide with the City's
evaluation of its entire Comprehensive Plan.
SECTION 9. AMENDMENT
The provisions of this Agreement, before the expiration of twenty (20) years from the date of
execution of this Agreement by all of the.parties, may only be amended with the mutual written
consent of the parties by way of amendment to the Development Agreement as authorized by a City
Council Resolution. After twenty (20) years, the City may change the zoning and development
regulations pertinent to the subject property as part of its normal process of alteration to its
Comprehensive Plan, Zoning and Development Regulations.
DATED this 0 ' day of December, 2003
CITY OF RENTON
By:
Jesse Tanner, Mayor
Attest::��".;_��
Bonnie I. Walton, City Clerk
as to Form:
Lawrence J. Warren, City Attorney
o
DALPAY PROPERTIES. I.I.C.
LOUIS WOODCOCK
By-."
L_7 ouis Woodtock I!. '
An individual .property, owner within rezone
area
ll•
GODOFREDO & AVELINA BLANCO
By:
Godofredo & Avelina Blanco
Individual property owners within rezone area
EDWIN GOEBEL
. a .'! By:r
Edwin Goebel
An individual property owner within rezone
area
MARGUERITE A. GOBEL
By.
a gu ite A. Goebel
spouse of'Property Owner
H:\EDNSP�Comp PlanlAmendments120031Dalpay%Dalpay-developagree.doe
STATE OF WASHINGTON )
)Ss
COUNTY OF KING )
I certify that I know or have had satisfactory evidence that JAMES W. DALPAY is the person who
appeared before me and acknowledged that he signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as Manag i_ng Member of DALPAY
PROPERTIES, L.L.C., a Washington limited liability corporation, to be the flee and voluntary act of
such corporation for the uses and purposes mentioned in the instrument-
E. F \\\j
Dated: November 200 �� ®�gs10ks t�+'
i
Don E s i :0 NOT �k
Print j : U --W+ +J!
tp
PUBt_IC " C `"
Signature OF WASOji 'r r
Notary
Title
07-23-05
My Appointment Expires
H:\EDNSP\Comp PlanlAnendnaents�2003\Dalpay\Dalpay-developagree.doc
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
I certify that I know or have had satisfactory evidence that EDWIN GOEBEL is the person who appeared
before me and acknowledged that he signed the instrument, on oath stated that he was authorized to
execute the instrument and acknowledged it as an individual property owner within the area that is the
subject of this application for the uses and purposes mentioned in the instrument.
Dated: November 25, 2003
07-23-05
My Appointment Expires
STATE OF WASHINGTON )
)ss:
County of King )
:
f�
I certify that on the 25th day of November, 2003, before me the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared Marguerite A. Goebel, to me known to be the individual described
in, and who executed the within instrument and acknowledged to me that she signed
and sealed the same as her free and voluntary act and deed for the uses and purposes
therein mentioned.
WITNESS my hand and official seal
certificate first above written.
4N E FAT
"to.•.
l�
Opp
0 NOTARY m�:
0
PU13LIC
,It u'>9•.
the day and year in this
(Votary PublicFin and for the State of Washington
Residing at Kent
My appointment expires 07-23-05
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
I certify that I know or have had satisfactory evidence that LOUIS B. WOODCOCK is the person who
appeared before me and acknowledged that he signed the instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as an individual property owner within the area
that is the subject of this application for the uses and purposes mentioned in the instrument.
Dated: November , 2003
Don Fitts — E.
O
Print
07-23-05
My Appointment Expires
0 NOTAR),
PUBLIC /
d'� • .� 2�ioy .
�4 �OFwgMN-= y
EXHIBIT A
LEGAL DESCRIPTION FOR "CN' ZONING AREA:
THE NORTH 229.00 FEET OF THE SOUTH 385.00 FEET OF THE WEST 451.09 FEET OF THE EAST
731.09 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.;
EXCEPT THE SOUTH 36.50 FEET OF THE WEST 50.00 FEET THEREOF.
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
to
C
Dalpay CPA & Rezone (2003-M-12)
Exhibit B: Proposed CN Zoning
Economic Development, Neighborhoods & Strategic Planning
�.♦ Alen Pietsch, Administrator
G. Dcl Rosario
14 November 2003
0 150 300
1 : 1800
p Study Area
EXHIBIT C
LEGAL DESCRIPTION FOR "R-10" ZONING AREA:
THE SOUTH 156.00 FEET OF THE WEST 401.09 FEET OF THE EAST 681.09 FEET OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M.;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
w
0
ry
R-
MM11
ualpay UVA & Hezone (2003-M-12).
Exhibit E: Proposed Zoning`t
I
i1 00
Development, Neighhxhoods &Strategic Planning .
»
®Economic
♦ at c sch. Adm nis or
Q
Study Are
G.
G. DO Del Rosario-
T 14 November 2003