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Renton,Washington 98055 \20040908@e29.983RENTONAG
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004 0740
KING COUNTY, wA
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Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in)
1. DEVELOPMENT AGREEMENT
Reference Number(s) of Related Documents: None
Additional reference#'s on page of document
Grantor(s) (Last name, first name, initials)
1.LIBERTY RIDGE L.L.C.,a Washington limited liability company
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
1.CITY OF RENTON,a Washington municipal corporation
Additional names on page of document.
Legal description (abbreviated: i.e. lot,block,plat or section,township,range)
SE 1/4 NW 1/4 NW 1/4 of Sec 15,Twp 23 N,R5E,W.M.(EXCEPT roads).
Additional legals are on page 2 of document.
Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned
5182100049,5182100050 and 5182100051
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
DEVELOPMENT AGREEMENT--Page 1
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DEVELOPMENT AGREEMENT
PARTIES
This agreement (this "Development Agreement" or "Agreement") is made and entered
into this 12th day of July, 2004, by and between the CITY OF RENTON ("City"), a municipal
corporation of the State of Washington, and LIBERTY RIDGE L.L.C., a Washington limited
liability company, the owner of the parcels of property covered by this Development Agreement
("Owner").
RECITALS
WHEREAS, on November 18, 2002, the Renton City Council passed Resolution No.
3596 calling for annexation, by election, of certain territory described therein, and directing that,
in conjunction with said election, a proposition be submitted to the electorate of that territory
that, simultaneously with the annexation, the territory have imposed upon it the City of Renton
zoning regulations, prepared under RCW 35.A.14.340, with a Comprehensive Plan designation
of Residential Single Family (RS) and a zoning classification of R-8; and
WHEREAS, an application was made to the City of Renton on December 16, 2002 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"):
The southeast quarter of the northwest quarter of the northwest quarter of Section
15, Township 23 North, Range 5 East, W.M., King County, Washington.
EXCEPT roads.
WHEREAS, the City has assigned City File Nos. LUA 02-113 A,ECF,R and 2003-M-14
to the Owner's requests; and
WHEREAS, the Property (which is all of the private property lying within the territory
of the annexation contemplated by Resolution No. 3596) is currently located in unincorporated
DEVELOPMENT AGREEMENT--Page 2
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King County within the City's Potential Annexation Area; and
WHEREAS, certain nonconforming uses are currently being made of portions of the
Property (the"Nonconforming Uses"); and
WHEREAS, TYDICO, a Washington corporation ("Tydico"), is operating its
construction business on the Property pursuant to a Lease between Owner and Tydico; and
WHEREAS, at Owner's request, the City has commenced proceedings for annexation of
the Property into the City and the election contemplated by Resolution No. 3596 has been held
with all of the propositions set forth therein having been approved by the electorate; and
WHEREAS, the owner sought to have the Property, which is approximately 9.46 acres
in size, given a Residential Options (RO) Land Use Map designation to allow Residential 10
Dwelling Units Per Acre (R-10)zoning; and
WHEREAS,the Owner is willing to have the City impose Residential 10 Dwelling Units
Per Acre (R-10) zoning subject to this Development Agreement that would embody the site-
specific restrictions that are set forth in Section 3, below upon annexation.
WHEREAS, staff members of the City's Department of Economic Development,
Neighborhoods and Strategic Planning and of the City's Department of
Planning/Building/Public Works have reviewed the Site-Specific Restrictions and concur that
they are appropriate; and
WHEREAS, the Planning Commission held a public hearing concerning the proposed
Comprehensive Plan Map Amendment and Zoning Map Amendment on October 15, 2003; and
WHEREAS, on November 24, 2003, the City Council adopted a Planning and
Development Committee report concerning the request and amended the City's Comprehensive
Plan Land Use Map to designate the Property Residential Options (RO); and
WHEREAS, in view of the already-passed annexation election proposition concerning
the territory initially having an R-8 zoning classification when the annexation occurs, the
Property is to be initially annexed into the City with that zoning classification but, immediately
thereafter, the zoning is to be changed to R-10 in order to be consistent with the Property's
Residential Options (RO) Comprehensive Plan Land Use Map designation and the provisions of
this Development Agreement; and
WHEREAS, on November 17, 2003, this Development Agreement was presented at a
public hearing before the City Council; and
WHEREAS, the City Council has taken into account the public comment presented at
DEVELOPMENT AGREEMENT--Page 3
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that public hearing; and
WHEREAS, this Development Agreement is premised on the Property being annexed to
the City of Renton and will be of no force or effect if that annexation is not realized within six
(6)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
WHEREAS, this Development Agreement appears to be in the best interests of the
citizens of the City of Renton, Washington;
NOW, THEREFORE,the parties do 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 PROPERTIES
A. Illustrative Map: The drawing attached hereto as Exhibit A graphically depicts the
Property.
B. King County Property Identification Numbers: The following list indicates the King
County Property Identification Numbers applicable at the time of this Development
Agreement: 5182100049, 5182100050 and 5182100051.
SECTION 3. ZONING SUBJECT TO SITE-SPECIFIC CONDITIONS:
A. Site-Specific Restrictions. The parties hereby agree that the following site-specific
conditions (the "Site-Specific Restrictions") shall apply to the Property in conjunction
with the R-10 Zoning Classification described in subsection B,below:
(1) All residential buildings shall be detached single-family residential
buildings (i.e., contain only one residential unit per building);
(2) All future residential lots within the Property that directly abut the
Property's south boundary shall have a minimum width of 50 feet; and
DEVELOPMENT AGREEMENT--Page 4
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(3) The net residential density of any development of the Property shall not
exceed 10 dwelling units per acre.
B. Zoning Classification: The parties agree that the Property is to be reclassified to the
Residential-10 Dwelling Units Per Acre (R-10) zoning classification as soon as possible,
subject to the Site-Specific Restrictions set forth above.
SECTION 4. RELINQUISHMENT OF NONCONFORMING USE RIGHTS;
CESSATION OF TYDICO'S BUSINESS OPERATIONS ON THE PROPERTY
A. Relinquishment of Nonconforming Use Rights: Effective the day before the effective
date of the annexation of the Property into the City, the Owner hereby relinquishes its
right to continue the Nonconforming Uses of the Property.
B. Cessation of Tydico's Construction Operations on the Property: Not later than the
day before the effective date of the annexation of the Property into the City, Owner shall
cause (1) Tydico to cease its construction operations on the site and (2) the removal of
all remaining storage of construction related equipment and stockpiled materials (such as
ecology blocks, traffic cones, barriers and construction related signs) that are now stored
on the northern half of the site.
SECTION 5. 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) 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 that the City was required to adopt or
amend because of requirements 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 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.
DEVELOPMENT AGREEMENT--Page 5
SECTION 7. RECORDING
Pursuant to RCW 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 shall be binding on the parties and their successors and assigns.
SECTION 8. TERM
This Development Agreement shall run 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 Agreement shall generally coincide with the City's evaluation of its
entire Comprehensive Plan.
SECTION 9. AMENDMENT
The provisions of this Development 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 entitled 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 development regulations pertinent to the Property as
part of its normal process of alteration to its Comprehensive Plan, Zoning and Development
Regulations.
SECTION 10. TERMINATION IF ANNEXATION NOT REALIZED
The Property 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 six (6) months following the date that this Agreement is executed by both
parties.
CITY OF RENTON
By: (a/dy 0,0detf
_* SEAL *= Kathy Keolker-Wheeler, Mayor gvi 04/
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`\`�`� Attest: &7 . [.l 1att-r d
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Bonnie I_ Walton , City
Clerk
DEVELOPMENT AGREEMENT--Page 6
Approved as to Form:
Lawrence J. Warren, Attorney
LIBERTY RIDGE L.L.C., a Washington limited
liability company
By: Jf
Donald J. Me, ., Manager
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that on the p"(4ih, day of t , 2004 KATHY
KEOLKER-WHEELER appeared before me and acknowledg that she signed the instrument,
on oath stated that she 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 the
seal affixed, if any, is the corporate seal of said City.
Dated: / 704E NE/JA,
-16dUit / , %G .`SS\ON�c . I,
4:4 NO TARY ed.
Signature / ' 1 :o (n: i
M 141,46 N Q-VI : PUBUC
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Print Name pit s,'•
Notary Public I, ••• r
Title ���� W
VI/ 2005
My Appointment Expires
DEVELOPMENT AGREEMENT--Page 7
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that DONALD J. 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 manager of LIBERTY
RIDGE L.L.C., a Washington limited liability company, to be the free and voluntary act of such
company for the uses and purposes mentioned in the instrument.
Dated,this /Z t day of J.)/7_t, 2004.
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DEVELOPMENT AGREEMENT--Page 8
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. 19 November 2003