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Home My WebLink AboutA 20001013000484 , � .. � " � .�., � . , , � . � �� , ;► :li,f�-icf�i RECORDED RETURN TO: �en o��C1e�` �0484 ,��S�,�� W 200010130 � � CITY OF RENTON AG 17.00 =?et1t0�,WA 9$Q55 PAGE 001 OF 010 KING COUNTY10WA1 DEVELOPMENT AGREEMENT Y�RTIES This agreement (this "Development Agreement" or "Agreement") is made and entered into this 14th day of September, 2000, by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and SR 900 L.L.C., a Washington limited ' liability company, the owner of the parcels of property within the area covered by this development agreement ("Owner"). � RECITALS � -� WHEREAS, an application was made to the City of Renton on December l 5, 1999 for a � � Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the Owner's � prope�ty that is legally described as follows (the"Property"): �, The Portion of the Property Currently Prezoned "CA" (the "Existin� CA Area"� �- � That portion of Section 13, Township 23 North, Range 4 East, W.M., in Kin� � County, Washington, described as follows: � BEGINNING at the intersection of the Southwesterly projection of the Easterly line of Oakesdale Avenue SW (81 st Avenue South) with the South line of Primary State Highway No. 2; ` THENCE CONTINUING Southwesterly along said projection to the South line of vacated Beacon Co11 Mine Road; ' THE7�TCE Westerly along the Southerly line of vacated Beacon Coal Mine Road � to the West line of Government Lot 7 in said Section 13; � TH�NCE North along said West line to the South line of said Primary State Highway No. 2; � I THENCE Southeasterly along said South line to the POINT OF BEGINNING. ! � � J DEVELOPMENT AGREEMENT--Page 1 i <�: The Portion of the Property Currentiv Zoned "CO" (the "Existing CO Area"� That portion of Section 13, Township 23 North, Range 4 East, W.M., in the City of Renton, King County, Washington, described as follows: BEGINNING at the intersection of the Southwesterly projection of the Easterly line of Oakesdale ��venue SW (81 st Avenue South) with the South line of Primary State Highway No. 2; THENCE CONTINUING Southwesterly along said projection to the South line of vacated Beacon Coal Mine Road; THENCE Westerly along the Soutl�erly line of vacated Beacon Coal Mine Road to the northerly projection of the West line of adjusted Lot 1 City of Renton Lot Line Adjustment LUA-92-070LLA recorded under Recording No. 9205219005, Records of King County, Washinaton; THENCE Southerly along said projected line to the Northerly line of the Pacific Coast Railroad (Burlington Northern Railroad); � THENCE Easterly and Southeasterly along the Northerly line of the Pacific � Coast Railroad to a line drawn from the Northwesterly corner of Lut 15 of Block r� 13 of said plat of Earlington and running thence Westerly a distance of 1,250 feet � to a point on the Northerly line of said ri�ht-ot=way of the Chicago, Milwaukee �..., and St. Paul Railway Company and of the Pacific Coast Railroad Company, said � point being at right ar��les to the centerline of the main tracts of the Pacific Coast `� Railroad Company at a point therein distance about 2,050 feet Westerly, , � measured along tl�e centerline of the main track of the Pacific Coast Railroad � Company as now located along said right-of-way from the intersection of said centerline with the East line of said Section 13; THENCE Southeasterly along said line to the South line of said Primary State Highway No. 2; THENCE Northeasterly along said South line to the POINT OF BEGINNING. WHEREAS, the City has assi�ned City File Nos. LUA 99-178, ECF,R,CPA and 2000- M-6 to the Owner's rec�uests; and I WHEREAS, the owner seeks to have the Property, which is appruximately 26.1 acres in I, size, given a Residential Multi-Family Infill (RM-I) Land Use Map designation and Residential Multi-Family Infill (RM-I) zuning. � WHEREAS, the Owner is willing to have the City grant the requested comprehensive plan designation and zonin� subject to this llevelopment Agreement that would embody the site-specific restrictions that are set forth in Section 3, below. WHEREAS, staff members of the City's Department of Economic Development and Neighborhood Strategic Pianning and of the City's Department of Planning/Building/Public Works have reviewed the Site-Specific Restrictions and concur that they are appropriate; DEVELOPMENT AGREEMENT--Page 2 WHEREAS, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment on May 3, 2000; and WHEREAS, the City Council adopted a Planning and Development Committee report on August 7, 2000; WHEREAS, this Development Agreement has been presented at a public hearing before the City Council held on the 21 st day of August, 2000; and WHEREAS, the City Council has taken into account the public comment presented at that public hearing; and WI�REAS, tllis Development Agreement is premised on the Existing CA Area being annexed to the City of Renton and will be of no force or effect if that annexation is not realized within 12 months following the date that this Agreement is executed by both parties; and WHEREAS, this Development Agreement has been reviewed and approved by the City �- Council of the City of Renton, Washington; and � �; � WI-�REAS, this Development Agreement appears to be in the best interests of the � citizens of the City of Renton, Washington; �� --- NOW, THEREFORF?, the parties do agree as follows: � �-- � SECTION 1. AUTI�ORITY c:� � � 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 a�ly 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 PROPERTIES A. Illustrative Map: The drawing attached hereto as Exhibit A graphically depicts the Property (and the Existing CA Area and Existing CO Area that comprise it). B. King County Property Identification Nuuibers: The following list indicates the King County Property ldentitication Numbers applicable at the time of this Development Agreement: 132304-9006-09 and 132304-9010-03. SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING I SUBJECT TO SITE-SYECIFIC CONDITIONS: A. Site-Specific Restrictions. The parties hereby agree that the following site-specific II DEVELOPMENT AGREEMENT--Page 3 conditions (the "Site-Specific Restrictions") shall apply to the Property in conjunction with the Comprehensive Plan Land Use Map Designation described in subsection B, below, and in conjunction with the Zoning Classification described in subsection C, ; below: (l) The maximum number of residentia) units that may be permitted on the Property shall be 260 units; (2) In conjunction with residential development of the Property a 6-foot high fence shall be constructed along the south side of the development for the entire length of the development (which fence may lie either north of or south of stormwater facilities constructed along the southerly portion of the site); and (3) No residential or recreation buildings may be constructed on the Property witiiin l00 feet of the Burlington Northern and Santa Fe Railroad right- of-way that lies to the south of the Property. �` B. Comprehensive Plan Land Use Map Designation: The parties agree that, subject to � the Site-Specific Restrictions set forth above, the Property shall have a Residential �' Multi-Family Infill (:EZM-I) Land Use Map designation. CMs r�s � C. Zonii�g Classificatio�i: The parties f'urther agree that, subject to the Site-Specific �. Restrictions set forth above, the Property sha(1 have a Residential Multi-Family Infill � (RM-I) zoning classification. �.: � SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT �� Unless amended or terminated, this Development Agreement is enforceable during its term by a party to this Development Agreement; provided, however, only the City may enforce the Site-Specific Restrictions. Development of the Property shali not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Development Agreement unless (a) otherwise provided in this Development Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended development regulation the regulation is one tt�at the City was required to adopt or amend because of requiren�ents of state or federal law. Any development permit or approval issued by the City for the Property during this Development Agreement's term must be consistent with this Development Agreement. SECTION 5. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4) the City ceserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. DEVELOPMENT AGREEMENT--Page 4 ,�'� . , . SECTION G. RECORDING Pursuant to RC�� 36.70B.190, this Development Agreement shall be recorded with the real property records of King County. During the term of the Development Agreement, the agreement is binding on the parties and their successors. SECTION 7. TERiVI This Development Agreement shall nin with the Property until amended or rescinded by the City Council in accordance with Section 8, below. With respect to any portion(s) of the Property that are not developed, the parties to this Development Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Development A�reement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 8. AMENDMENT � The provisions of this Develupment Agreement, before the expiration of ten (10) 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; provided, however, that the owner(s) of portion(s) of �; the Property shall be errtitled to amend the Development Agreement from time-to-time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) �, years, the City may chan;e the zoning and development regulations pertinent to the Property as �" part of its normal process of alteration to its Comprehensive Plan, Zoning and Development c,-� Regulations. � � � SECTION 9. T�RMINA7'TON lF ANNEXATION NOT REALIZED The Existing CA Area is currently in the process of being annexed into the City of Renton. This Development Agreement will terminate and be of no force or effect if that annexation is not realized within 12 months following the date that this Agi•eement is executed by both parties. DATED this 14th day of September, 200U. CITY OF RENTON By: Jess anner, Mayor � DEVELOPMENT AGREEMENT--Page 5 , j' � Attest: ,.�, Marilyn J. ete . `-�i • ��%, ;- .��'♦ %- . ��'G � � ;� � �r ._ — �� Approved as to For�r�� ;� � � . _, . 1� ::� �i. Au';,� ��. \\�. E ' ��%/1/t)t��fi�lp;'t,�,�,.. Lawrence J. Warren, City Attorney SR 900 L.L.C., a Washington limited liability company By: Gary M. and Donna M. Merlino Family Trust No. 1 u/aJd 8/9/90, its member � � � Q � !� C�l �_ By: P-- Gregg M ino, stee co �--- �� c~� � c.:a By: �v llionne Merlino, T stee By: Donald J. and Joan P. Merlino Family Tnist No. ] U/ald 8/9/90, its member By: " n p . Steven A. lVlerlino, Trustee Y. �1 J' i . .^ B . ' ' Mic ael J. erlino, Trustee DEVELOPMENT AGREEMENT--Page 6 � . , , � . , . STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that on the ��'� day of - , 2000 JESSE TANNER appeared before me and acknowledged that he signe the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. Dated: � ,.. �- a c � +,��.....�� , Lp� �� ,, = B � _ `� ,,..,,,,,,, , � ; Q.`�'.- �oN�, �9� , �`� �p�, � Si na e ; A� ;�" '�� 4 � � -� 4��t Sn; : �L � O S�� F' : tt3 't9 � . � � � s� � C.3 � � Tlt� i ; �6�;�_" 2 : 4 I� : i :, � �� '/ �''� c'•�`�'4•= �p � �J �'„� �'��..��' 1 = � My A pointment Expires �, �ry��..i��,�;r�'� �, ` ``�� c^�^ � ` STATE OF WASHINGTON ) =�.= ) ss. � COUNTY OF KING ) �. I certify that I know or hava satisfactory evidence that GREGG MERL1N0 is the person who appeared before me and acknowled;ed that he signed the instrument, on oath stated that he was authorized to execute the inst��ument and acknowledged it as a trustee of GARY M. AND DONNA M. MERLINO FAMILY TRUST NO. 1 U/A!D 8/9/90 in its capacity as a member of SR 900 L.L.C., a Washington limited liability company, to be the fi-ee and voluntary act of such limited liability company for the uses and purposes mentioned in the instn�ment. ,..��o � Dated: y��v ==p,N1Y tij�`�ey s iss' � °, �� -ti.� ; ��° Np '�yF 9m��oi � ° r'9 v: tn i Sign ture � � ; �'9�-�: , ��"Or�• ��'� �/��t�'.a;�(�+ G��:� i Title �dpg�,(••a,o3 ; 5 f�/D3 ,e� • ......••� �= My Appointment Expires �°`°o�� DEVELOPMENT AGREEMENI'--Page 7 �� a , , � . STATE OF WASHiNGTON ) I ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DIONNE MERLINO is the person who appeared before me and acknowledged that she signed the instrument, on oath stated that he was authorized to execute the instn�ment and acknowledged it as a trustee of GARY M. AND �, DONNA M. MERLI7�T0 rAMIL1' TRUST NO. 1 U/A/D 8/9/90 in its capacity as a member of ' SR 900 L.L.C., a VVashington limited liability company, to be the free and voluntary act of such I�I limited liability company for the uses and purposes mentioned in the instrument. Dated: y 2/�on —��•`�a Y �1. '�� j • �,,,,,,,�.� � Q'��Ss��v��y�`+,� . .:� Signature ; :va NpTq �'��;�'�� e Pwt7 � l`y��,v • ; • , ,�� y�� i Title �i�':, L+� : sl��o3 _ '��9��a-o3 ` = My Appointment Expires ��SHt�� \\\aoa r�.' �: �' �• C.� C� C'+`� �� STATE OF WASHINGTUN ) � ) ss. �:� COUNTY OF K1NG ) ��. � I certify that I know or have satisfactory evidence that STEVEN A. MERLINO 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 a trustee of DONALD J. AND � JOAN P. MERLINO FAMILY TRUST NO. 1 U/A!D 8/9/90 in its capacity as a member of SR ', 900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such ', limited liability company for the uses and purposes mentioned in the instniment. ', Dated: Gt/2��nv __�Y�<��`1 : P ti1. a, 1� ,. ,t A ^� � !�+ 'd �–�' .•��,�s sip�.,��.`: �- > Signatur�� f �' � � '�v� NOT`qq`� va�� . 1�� . �,,�' � �1C c Title � ��5j�3 °�,�'�•�-03� . My Appointment Expires !+ �oh�ir"`, � � ��a�.�. DEVELOPMENT AGREElV1ENT--Page 8 . ,�� , ' . � • I STATE QF WASHTNGTQN } � SS. cou�T� aF xrN� � I certify that I know or have satisfactory evidence that MICHAEL J. MERLINO is the person I who appeared befare n�e �nc1 acknowledged that he signed the instr��ment, on oath stated that he I was authorized ta execute the instn�ment and acknowledged it as a trustee of DQNALD J. AND JOAN P. MERLINO FAMILY TRUST NC}. 1 UTAtD S/9/90 in its capacity as a member of SR ( 900 L.L.C., a Washingtan limited liability company, ta be the free and voluntary act of such , limited liability company for the uses and purposes mentioned in the instrurnent. ' �( Dated: ��r t� ,. �<:�ta � /`��c�b I q b0..�o�,�i j � l�� , 'Q+�Y 1�rr°, ��0,! � ignature �: :o��sse�,�,'��,�o �, _ �� . !`'t�rr. % :a 4��! cnd�` � ` Title r �� n°� , �> � `�" ,� `7 Jc�_j ��t�'' s C �'� � c�'s � 9 �'•.;8„ : My Appoir�tr�lent Expir-es +�$�o a• 0 3 ,. s �__ • ...,.• _ G=? �1\a��.��'"� r Cv"� i;,:r C`:.3 C� U:�CF\2422\0011DEV-AGRMT\AgmL FI DEVELOPMENT AGREEMENT--Page 9 . . ':Y�a�aa,s�'. ,�,„" ��';t.�; .'� `� !� - � f • � 4y ' ..� .['��C�'�,~ �� a .. �k"l,Q-�Y}.• .S . 0 Q V' O , O p � " � n z.V N Y o3 y u7 ' ol M.L. KING JR. p� ��- ~� W � m c.�� wl (PRIIl.ARY S7ATE NAY o o <.=i O � N Wy' li �F/J.p taw 's w L �'?J �RF y� �� `'.. z� ? E�ISTING q y J � > � � . ZOMNG = CA S, c,• � = W z N 3 PROPOSED ZO�ItdG = RN,-I J pOB �.� � � � r a� GOV'T g E q C O N C O�,L M I N E R O A� V A C A 7 E D t` � • b o� a r S. 1 3 7,h S T R E E T UNINPROVED ' L O T 7 � �y � ,�o`` z z � ) �6Y COUt�fTY CON}lISSIONER'S JOUR�hL g w w � VOLUN,E 29, PAGE 3 � x 5� _ � (O,D. � —_� � , —�— � ___�_ � C�Q��I(`.!C��CG`9 �? � �o - � 4642� � ; � i � � i i 1 i`��"' � 1764 IJINF �p��__/'�� C� Qo N� WZ i i ' � � i i 2 � / �ORD EXISl1NG ��w Zt`' � S � 7 i 6 i 5 � 4 � 3 � � /j/ � B.N.R./�, [ONING = CO \ NQ I I �� '� � � i J.:r � � � �� ' � � � � �PAC��,�C PR R�OiED 20�ING\\ �`rG ��N N W Z �__�___ ' � ��f�4��C�L`� �.��IC�C9 � , � � / , � Cp � �P �`rF cv z� >—� ; � 4� ��Q'��L�G � ��' � ; 9s�. �� •, To�, °°Y� �� , , � �� , � � � s4 .� , , � ; r, 13g�h �.R f� ' /1�� 7 ; __� �?J •-� � �� ;. 11 � ��, 16 � ; ��tipC��t��G � , � : `.�� 9 �� o � -., ��i �.. �s '��. � �_ ,"'�� . Y@�u�G;�t��^C�� z \ �1 � `� �� `� 1 _J N O O �` `-� / �2 �� 4 � 1 1 � . � � V � 1 �f`� �� `� 1 1 ` , �/ ` v Z � Q �� `�� `. OJ/ '\�1 ��` `� 19 � 18 � J : O � _ q �;,- � � , �3 • `. � � j N U F_— cn , `�'yG� �20� � 259 / `�� ` ``�` 20 `�` i � �U W � >Q , '� 0"'/ y m 7 " �'�/ �. '�, z2 �' 21 `, , . W ' "PROPERTY" o a = , o X z ` W � �� 23 �� GOV'T c� � ^ O " ��. � `�� a Z � �� 24 `�� , LOT 2 �0 0 250 500 LEGEND: � U. w ` � N \\\ \\\\Q\\\\ V � . 25A .� � _ �� PROPOSED ZONING LI�E � ``� z SCALE 1�� = SOO� (ORD. �) ORDINANCE �'UMBER O - — ----_ _ POB POINT OF BEGINNING � SOUTH LINE SECTION 13 '-" — u" F�le: P:\SDSKPROJ�6759\SURVEY�6759EXH2.DWG Dote/Time: 06/12/2000 08:35 Scole: 1=500 Poul Xreis: -' `� � . _ �s �oao � eoc a�oz . . � ,, .` , r''� ' -- f 3 1 , ' � ` �I ��ti��-+�� RECORDED RETURN TO: � ��H�c�e� 013000484 I' 14�5 South Grad W 20001 y � CITY OF RENTON AG 17,00 '?�'�t#Ci�,WA 98055 PAGE 001 OF 010 KING COUNTY10lJp1 DEVELOPMENT AGIZEEMENT ; P�1�2TTES This agreement (this "Development Agreement" or "Agreement") is made and entered into this 14th day of September, 2000, by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and SR 900 L.L.C., a Washington limited liability company, the owner of the parcels of property within the area covered by this development agreement ("Owner"). � RECiTALS � �°' WHEREAS, an appiication was made to the City of Renton on December l 5, 1999 for a � � Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the Owner's �;, property that is legally described as follows (the "Property"): Q; The Portion of the Property Currently Prezoned "CA" (the "Existing CA Area"� c-- � That portion of Section 13, Township 23 North, Range 4 East, W.M., in King � County, Washington, described as follows: BEGINNING at the intersection of the Southwesterly projection of the Easterly line of Oakesdale Avenue SW (8l st Avenue South) with the South line of � Primary State Highway No. 2; , THENCE CONTINUING Southwesterly along said projection to the South line of vacated Beacon Coa( Mine Road; THEI�TCE Westerly along the Southerly line of vacated Beacon Coal Mine Road to the West ]ine of Government Lot 7 in said Section 13; TH�NCE North along said West line to the South line of said Primary State ;� Higllway No. 2; THENCE Southeasterly along said South line to the PO1NT OF BEGINNING. DEVELOPMENT AGREEMENT--Page 1 � .. � ' ' ti The Portion of the Property CurrentlX Zoned "CO" (the "Existin� CO Area"1 That portion of Section 13, Township 23 North, Range 4 East, W.M., in the City of Renton, King County, Washington, described as follows: BEGINNING at the intersection of the Southwesterly projection of the Easterly line of Oakesdale ��venue SW (81 st Avenue South) with the South line of Primary State Eiighway No. 2; THENCE CONTINUING Southwesterly along said proiection to the South line of vacated Beacon Coal Mine Road; THENCE Westerly along the Southerly line of vacated Beacon Coal Mine Road to the northerly projection of the West line of adjusted Lot 1 City of Renton Lot Line Adjustment LUA-92-070LLA recorded under Recording No. 9205219005, Records of King County, Washington; THENCE Southerly along said projected line to the Northerly line of the Pacific �, Coast Railroad (Buriington Northern Railroad); �a• THENCE Easterly and Southeasterly along the Northerly line of the Pacific � Coast Railroad to a line drawn from the Northwesterly corner of Lut 15 of Block ' �'�� 13 of said plat of Earlington and running thence Westerly a distance of 1,250 feet � to a point on the Northerly line of said ri�ht-ot=way of the Chicago, Milwaukee �., and St. Paul Kailway Company and of the Pacific Coast Railroad Company, said � point being at riglrt an�les to the centerline of the main tracts of the Pacific Coast `� Railroad Company at a point therein distance about 2,050 feet Westerly, �_' measured along tLe centerline of the main track of the Pacific Coast Railroad . � � Company as now located along said right-of-way from the intersection of said centerline with the East line of said Section 13; THENCE Southeasterly along said line to the South line of said Primary State Highway No. 2; THENCE Northeasterly along said South line to the POINT OF BEGINNING. WI-�REAS, the City has assi�ned City File Nos. LUA 99-178, ECF,R,CPA and 2000- M-6 to the Owner's requests; and � WHEREAS, the owner seeks to have the Property, which is appro�imately 26.1 acres in size, given a Residential Multi-Family Infill (RM-I) Land Use Map designation and Residential Multi-Family Infill (RM-I) zuning. WHEREAS, the Owner is willing to have the City grant the requested comprehensive plan designation and zonin� subject to this llevelopment Agreement that would embody the site-specific restrictions that are set forth in Section 3, below. WHEREAS, staff inembers of the City's Department of Economic Development and Neighborhood Strategic Planning and of the City's Department of PlanningBuilding/Public Works have reviewed the Site-Specific Restrictions and concur that they are appropriate; DEVELOPMENT AGREEMENT--Page 2 i I i ., � ' � � 5 WI�REAS, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment on May 3, 2000; and WHEREAS, the City Council adopted a Planning and Development Committee report on August 7, 2000; WHEREAS, this Development Agreement has been presented at a public hearing before the City Council held on the 21 st day of August, 2000; and WHEREAS, the City Council has taken into account the public comment presented at that public hearing; and WHEREAS, this Development Agreement is premised on the Existing CA Area being annexed to the City of Renton and will be of no force or effect if that annexation.is not realized within 12 months following the date that tl�is Agreement is executed by both parties; and WHEREAS, this Development Agreement has been reviewed and approved by the City � Council of the City of Renton, Washington; and � � �' WHEREAS, t.his Development Agreement appears to be in the best interests of the �� citizens of the City of Renton, Washington; M ��' NOW, THEREFORI?, the parties do agree as follows: � r-- � SECTION 1. AUTI�ORITY G� � 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. 5ECTION 2. SUBJECT pROPERTIES A. Illustrative M�p: The drawing attached hereto as Exhibit A graphically depicts the Property (and the Existing CA Area and Existing CO Area that comprise it). B. King County Yroperty Identification Numbers: The following list indicates the King County Property Identitication Numbers applicable at the time of this Development Agreement: 132304-9006-09 and 132304-9010-03. SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING SUBJECT TO SITE-SPECIFIC COND1T10NS: A. Site-Speci�c Restrictions. The parties hereby agree that the following site-specific DEVELOPMENT AGREEMENT--Page 3 . f � ' ' 1 r conditions (the "Site-Specific Restrictions") shall apply to the Property in conjunction with the Comprehensive Plan Land Use Map Designation described in subsection B, below, and in conjunction with the Zoning Classification described in subsection C, below: (1) The maximum number of residential units that may be permitted on the Property shall be 260 units; (2) In conjunction with residential development of the Property a 6-foot high fence shall be constructed along the south side of the development for the entire length of the development (which fence may lie either north of or south of stormwater facilities constructed along the southerly portion of the site); and (3) No residential or recreation buildings may be constructed on the Property within ]00 feet of the Burlington Northern and Santa Fe Railroad right- of-way that lies to the south of the Property. �" B. Comprehensive Plan Land Use Map Designation: The parties agree that, subject to �� < the Site-Specific .Restrictions set forth above, the Property shall have a Residential �'' Multi-Family Infill (RM-I) Land Use Map designation. C,:� �-, �- C. Zoning Classificatiou: The parties further agree that, subject to the Site-Specific �,, Restrictions set forth above, the Property shall have a Residential Multi-Family Infill � (RM-I) zoning classification. �; � SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT �� Unless amended or terminated, this Development Agreement is enforceable during its term by a party to this Development Agreement; provided, however, only the City may enforce the Site-Specific Restrictions. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the effective date of this Development Agreement unless (a) otherwise provided in this Development Agreement or (b) abreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or development regulation or standard shall applyo ur (c) in the case of a new or amended development regulation the regulation is one tt�at the City was required to adopt or amend because of requirements of state or federal law. Alry development permit or approval , issued by the City for the Property during this Development Agreement's term must be , consistent with this Development Agreement. SECTION 5. AUTHURI'I'Y RESERVED Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new oi� different regulations to the extent required by a serious threat to public health and safety. DEVELOPMENT AGREEMENT--Page 4 . • • , ' , SECTION 6. RECORDING Pursuant to RCW 3G.70B.190, this Development Agreement shall be recorded with the real property records of King County. During the term of the Development Agreement, the agreement is binding on the parties and their successors. SECTION 7. TERM This Development Agreement shall run with the Property until amended or rescinded by the City Council in accordnnce with Section 8, below. With respect to any portion(s) of the Property that are not developed, the parties to this Development Agreement agree to evaluate the Agreement periodically, but not less than every ten (l0) years. Where appropriate, periodic review of the Development A�reement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 8. AMENDMENT �; The provisions of this Development Agreetnent, before the expiration of ten (10) years � from the date of execution of this Agreement by al( of the parties, may only be amended with � the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of �;. the Property shall be etititled to amend the Development Agreement from time-to-time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) �, � years, the City may change the zoning and developmeilt regulations pertinent to the Property as �'"' part of its normal process of alteration to its Comprehensive Plan, Zoning and Development �� Regulations. � � � SECTION 9. T�RMINA7'ION I.F ANNEXATION NOT REALIZED The Existing CA Area is currently in the process of being annexed into the City of Renton. This Development Agreement will terminate and be of no force or effect if that annexation is not realized within 12 months following the date that this Agreement is executed by both parties. DATED this 14th day of September, 2000. CITY OF RENTON By: � Jess anner, Mayor DEVELOPMENT AGREEMENT--Page 5 . ' , . • � Attest: �;, Marilyn J. ete . �� r��f��,,. �\\�, ��.`/�% �ak � _ � �_ � �� _ Approved as to Fori�� :� ,�� \\\: � /(/iltlllftti!(�I4!!1 C,�� . Lawrence J. Warren, City Attorney SR 900 L.L.C., a Washington limited liability company By: Gary M. and Donna M. Merlino � Family Trust No. 1 u/a/d 8/9/90, its member � �, c� G=1 �. BY: r-- Gregg M ino, r�stee 0 �-- � � '� r_� • v By� llionne Merlino, T stee By: Donald J. and Joan P. Merlino Family Trtist No. 1 U/a/d 8/9/90, its member By: ` r� p • Steven A. Merlino, Trustee � � B : , ,�,• Mic�ael J. erlino, Trustee DEVELOPMENT AGREEMENT--Page 6 • , � � 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that on the �--�� day of , 2000 JESSE TANNER appeared before me and acknowledged that he signe the instrument, on oath stated that he was authorized to execute ihe instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal af�ixed, if any, is the corporate seal of said City. Dated: ��? �: � 0 a � ,�.....�� , _. O, ��, _ �1 , `•�"N��' ��•9'I��i � , �,�-g�p ' Si na e : �V ^��t��',�4 ; e� � ��-�' - � , , r , v� ,� � • j : Titl : % �R�� ' Z % U!, % '�, �.�.ti-= � � � � � �f _d'nl,l� ��J.4� �/`,O_ � My A pointment Expires F �f,� F•A��_ ��; � �� J � �. ' ' ��•.��1 � � �, � � STATE OF WASHINGTON ) �- ) ss. � COUNTY OF KING ) �_ I certify that I know or hava satisfactory evidence that GREGG MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the insti-ument and acknowledged it as a trustee of GARY M. AND DONNA M. MERLINO FAMILY TRUST NO. l U/A/D 8/9/90 in its capacity as a member of SR 900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instniment. �..�� Dated: ��.� r'� _=p,MY tij�`��e �. �� o` �c��Np S'�tic�;��,�� r , Sign ture 6 � ; �9��: �; ��'oi�• N f�'� �6 �'��•.s�, i �m� i I Title �`��,�.�,p3 � 6 ��'••.....••'� � ✓'��qID3 1��a..��_o My Appointment Expires DEVELOPMENT AGREEMENT--Page 7 - . . • , STATE OF WASHINGTON ) ) ss. COUNTY OF KING � ) I certify that I know or have satisfactory evidence that DIONNE MERLINO is the person who appeared before me and acknowledged that she signed the instrument, on oath stated that he was authorized to execute the instniment and acknowledged it as a trustee of GARY M. AND DONNA M. MERLI7�T0 FAMiLY TRUST NO. I U/A/D 8/9/90 in its capacity as a member of SR 900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated: y 2/�vo _:�•••�� _�y � ✓��e 'P `/'J • �,.."�� `�ssi°N��S�'� . : ' ; ,�' c°�' � Signature � :v0 NOTq '��:�' � `',�RY m s i 5 � Title P�a �� :,.�Lt� �'� ; sl��o3 a�,��:s-o3 ; My Appointment Expires �h��iSHti�� -�- ��e�.�..- � � � �� c�,-.. c� � �_, � STATE OF WASHINGTUN ) � �:. ) ss. � COUNTY OF K1NG ) �-�:: �. I certify that I know or have satisfactory evidence that STEVEN A. MERLINO 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 a trustee of DONALD J. AND ' JOAN P. MERLINO FAIVIILY TRUST NO. 1 U/A/D 8/9/90 in its capacity as a member of SR 900 L.L.C., a Washin�ton limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instniment. Dated: G1/2��av `,...��\ _ +P�Y �• �� A � `_� �X l,�+ .��"" .��ssioA�•��% , . �� Ft I � � Signatur� � ✓. i N _'v� N`9`,� l � i —+• Title f �i�' s� ` s ��5'( �'?a /o��o,�•�•o a �" •.....•�• My Appointment Expires ��,��SHtt��{�^�;e.,,. _ DEVELOPMENT AGREEMENT--Page 8 , . • . STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that MICHAEL J. MERLINO is the person who appeared before me and acknowledged that l�e signed the instrument, on oath stated that he was authorized to execute the instniment and acknowledged it as a trustee of DONALD J. AND JOAN P. MERLINO FAMILY TRUST NO. 1 U/A/D 8/9/90 in its capacity as a member of SR 900 L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated: �,�_ �� c�t� `� /y�d d � — ��.�ov� . �.r P,�Y ►�. °�`oe� � r 1 ^ � �• �''""'"'� % �t,�s'se��;.'9�►�� :' . � ignature i �vO�NOT �•' �`cn'� �` r�� ' �-�— i �9y�' i �- Title ��P-�'av�. '�/eUC `'. � G'' . s � 9 03 a '�'•. e, � , � My Appointnient Expii-es ��a�o't��H�e� � ��w��e e--- r� �� C�A U:�CP\2422\00 l\ll E V-ACi RMT\Agmt.F 1 DEVELOPMENT AGREENI�NT--Page 9 � �•`3 `, � �• ' . •.= , � , .:�.�. , . .�1�'� ��`�� c c � � � ' P`I''1 , ; , . x�'.i7" • u. � u �.✓ ' �7*"`. y ,, �.. ^«�r�7'�'L, .i>'�ir` . 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W � � 23 . ` W ^ � �� `� � GOV•T c� (� a O ' �� `� �, LOT 2 �� Z � `, 24 �� 0 0 250 500 I.EGEND: � V� W 25A ��` `� _ \\\ \\\\\�\\�\ � �� PROPOSED ZONING LINE � ' ``� z SCALE 1" = SOO� (ORD. �) ORDINAtdCE NUMBER 0 - — ---- _ POB POINT OF BEGINNING � SOUTH LINE SEC710N 13 — LL' " F�Ie: P:\SDSKPROJ�6759\SURVEY\6759EXH2.DWG Dote/Time: 06/12/2000 08:35 Scole: 1=500 Po�l Xrefs: — — `� . ': �. � 8 ��ra � � o � oo�� _ . � . � �