HomeMy WebLinkAboutORD 4207 , r � f ' .
CITY OF RENTON, WASHINGTON
ORDINANCE N0. 4207
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING
THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE
CITY OF RENTON FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3
(MEDIUM DENSITY MULTI-FAMILY) (KBI DIVERSIFIED, LTD. ; FILE
NO.R-005-88) .
WHEREAS, under Chapter 7 , Title IV (Building Regulations) of
Ordinance No. 1628 known as the "Code of General Ordinances of the
City of Renton, " as amended, and the maps and reports adopted in
conjunction therewith, the property hereinbelow described has
heretofore been zoned as R-l; and
WHEREAS, a proper petition for change of zone classification of
said property has been filed with the Planning Division on or about
January 28, 1988, which petition was duly referred to the hearing
examiner for investigation, study, and public hearing, and a public
hearing having been held thereon on or about August 23, 1988, and
said matter having been duly considered by the hearing examiner, and
said zoning request being in conformity with the city' s
comprehensive plan, as amended, and the city council having duly
considered all matters relevant thereto, and all parties having been
heard appearing in support thereof or in opposition thereto;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS :
SECTION I : The following described property in the City of
Renton is hereby rezoned to R-3, as hereinbelow specified, subject
to the findings, conclusions, and decision of the hearing examiner
dated September l, 1988, and subject further to restrictive
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� ORDINANCE N0. 4207 .
covenants filed under King County Auditor's File No.
8902100191, Amended by
8903100171 , and which said covenants are hereby
incorporated and made a part hereof as if fully set forth, the
Planning Manager is hereby authorized and directed to change the
maps of the Zoning Ordinance, as amended, to evidence said rezoning,
to-wit:
See Exhibit "A" attached hereto and made a part hereof as
if fully set forth herein.
(Said property, approximately 1 . 4 acres, being located
on the west side of Aberdeen Avenue N.E. , between 973 -
1021 Aberdeen Avenue N.E. )
SECTION II : This Ordinance shall be effective upon its
passage, approval, and five days after its publication.
PASSED BY THE CITY COUNCIL this 13th day of March ,
1989 .
�'��;�t' ���._ i� =�_'�,!,C-�-�._
Maxine E . Motor, Cit� �lerk
APPROVED BY THE MAYOR this 13th day of March ,
1989 .
,.�J', -
�
Richard M. Stredicke, Mayor Pro tem
Approve s to form:
,�-+��C���'���.��-�.�.,
Lawrence J. Wa�n, City Attorney
Date of Publication: March 17, 1989
ORD. 79 :2/10/89 :as .
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' ORDER PO. 142432-3
� YCUR NO. NONE
;
THE LAND REFERRED TO IN THIS COMMITMENT IS SITUA`IED IN THE
� STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS
; . FOLLOWS :
TRACT 16, HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT
THERFOF RECORDED IN VOLUME 34 OF PLATS , PAGE 38 , RECORDS OF
KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 50 FEET OF THE EAST 175 FEET THEREOF.
SITUATE IN THE CITY OF RENTON, COUTITY OF KING, STATE OF
WASHINGTON.
____,-_------
ORDINANCE N0. 42Q7 I�;
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ORDINANCE NO. 4207 KBI Diversified, R-oo5-88 . '
AMRNbMrNT TO AGREEMENT CREATING RESTRICTIVE CUVrNANT �
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TFiIS AMENDMENT TO AGR�EMENT CREATING RESTItICTIVR COVk;NnNT is o
executed by KBI D�VERSIFTEp, LTD. and is for the purpose of V . •
correcting the legal descripti.on of Lat 16 in tihe original � '
Covenant. The Restrictive Covenant amended liereby is tt�at ,
Restrictive Covenant filed under Auditor's No. 8902100191 in tl�e
King County Department uf Records and Elections.
The legal descriptian contained 1n the vriqinal ayreemenk .
filed under the above recording number is heLeby ame�ided Co read
aa follows:
� The North 75 feet of Lot 13, Lots 19 and 15 of t�arries
Garden Home Tracts and Lot 16 except the South 50 feet of
the East 175 feet tliereof of Harxies Garden Itome Tracts, all.
' according to the Plat of Harries Garden Itome Tracts recorded , �
• in Valume 34 0£ Plats, page 38� records of Kiny County, '
Washinyton, all of which land is situafie in tl�e City of •
. . Renton, County of King, State of Washington. �
Exeept for the above amendment �o the legal descriptxon, all
• other terms and conditions stared in tl�e "Agreement Creating .
• Restrictive Covenant" filed under the above-referec�ced file
number are her�by ratified and affirmed. ,
IN WITNBSS WHEREOF, KBI DIVERSIFZED, LTb. has this a'7�day
of -F.e.(�ccet,n� , 1989 executed thi.s Amendment to Agreement ,
Creati.ng Reatr/ictive Covenant.
� • ' KBI pIVERSIF'I�b LTD.
� a�, /C�"'-v '
Kenneth P. Keeter � '
' President '
STAT� 0�' WASHINGTON ) '
) B6.
COUNTY OF KING ) . �
On this day personally aripeared befoze me K�;NNETH P. K�ST�rt, '
to me known to Ue the Presidenti of KBT DIVRRSIFIED, LTD, the
� corporation that executed �he within and foregoing instrumenL•,
. ' and acknowledged said it�strument to be the free and vo2untary act .
• and deed of said corporation, for the uses and purposes tiherein
• • mentioned, and on oath stated that he was autliorized to execute , .
said inatrument.
' IN WITNESS WHEREOF, have hereun�o set my hand and affixed
my official seal the o?'J� day of -e-(�.���,. , 198�.
, � . � ` .. . .
� -� , : , NpITARY PUBI,ZC in � for the State
-• - ' of Washington, residing at 1('��-/GQ� •
t �• - My commission expires: «-�..i ,Qy
� ,
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� fILED FOR THE RECORD AT THE REQUEST OF:
y
; oFF�cE o� n�E cin c�au
' Renton Munlcipal Bid�.
; Z00 Mill Ave. So. �
� � Renton,WA 98055
;
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ORDINANCE NO. 4207
KBI Diversified, R-005-$8
AGREEMENT CREATING RESTRICTIVE COVENAIJT
KBI DIVERSIFZED, LTD. hereby subjects the fo114wing
described property to the following Restrictive Cavenants: �
�
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The North 75 �eet of Lot 13 , and Lats 14 , 15 and o
16, all in Harries Garden Home Tracts, according to �
the plat thereoP recorded in Volume 34 oY Plats, �
page 38 , records of King County, Washington. Al1
situate in the City of Renton, Caunty of King,
state of Washington.
WHEREAS, KBI DIVERSIFIED, LTD. has applied to the City af
Rentan gor a rezone of approximately 1.4 acres of pro�erty fram
R-1 to R-3 and for approval of a site plan to allow canstruction
of a 108-unit apartment complex on 5. 74 acres of property which
will include the 1. 4 acres requested to ba rezaned as well as an
ad�acent parcel of approximately 4 . 34 acres which fs now zoned
R-4 ; and
WHEREAS, the hearing examiner haB ' reCammended appraval of
the rezQn� on conditian that Restrictive Covenants be Piled by
the App�iaant lim�ting the development af the 5. 74-acre site to
18 residential units per acre with �he exceptian that if the 5.74
acres is developed pursuant to the site plan filed with �he
applicntion in File No. R-005-88 and SA-005-88, such proper�y may
be developed to a density oP 18 . 8 units per acre; and
WHERE�S, the appli�ant is desirous af achieving the rezane
of tha 1. 4 acras and to develap �he property in accordance with
the appraved gite p�an.
NOW, THEREFORE, the develaper adopts the following
Restrictive Covenants:
�11�D F�� ��CORD �T REQUEST I�r �
OFFICE 6f TNE CITY CIEAK
REN10N MUNICIPAL BIOG.
100 Mlll AVE S0.
RFNTtiN.W4 9�`� - 1 -
ORDINANCE NO. 4207 ' '
� - - • I. Thasa covenants •run with tha land and bind all
successive Puture owners who shall be bound to the covenants as
if they were the original signers hereof.
II. Theae covenantg apply to the 5. 74 acres contained �
�
within the North 75 feat of Lo� 13 �nd Lotis 14 , 15 and I6 in �
Harries Garden Home Tracts, according to the plat thereof o
F--�
recorded in Volume 34 of Plats, page 38, records of King County, �
�
washington, located in tha City af Renton, County af King, state
of Wash�nqton.
IIZ . Development of the 5. 74 acres of property ehall be
limited to a density of ndt more than 18 units per acre with the
exception that should the praperty be developed in accordance
with the approved site plan submitted in connection with File
No. R-005-88 and SA-005-88 , then such density should be allowed
to be 18 . 8 units per acre over the entire 5 .74 acres. -
IV. These rescrictive cQvenants shall take effect and be in
full force upon the execution by KBI Diversified, the approval of
the rezone of the 1.4 acres from R-1 to R-3 and the recording of
these covennnts with the appropriata autharities of King County,
Washington.
IN WZTNESS WHEREOF, KBI DIVERSIFIED, LTD. has this ?O �day
of , 1989 executed these Regtrictive Covenants.
U �
KBI DIVERS IED, b.
By
/Kennath P. Kester �
President
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ORDINANCE NO. 4207 '
. �� �.STATE OF WASHINGTON )
) 8s. � -
COUNTY �F KING )
On this day personally appeared before me KENNETH P. �ESTER,
ta me known to be the President af KHI DIVERSIFIED, LTD, the
corporation that ex�cuted the within and Poregoinq instrument, o�
and acknowledged said ingtrument to be the free and voluntary act v
and deed of said corporation, for the uses and purpoees therein �
mentivned, and on aath �tated that he was authorized to execute �
said inetrument. �
�
c�
IN WITNESS WHEREOF, I have hereunt et my hand and affixed ~
my afficial seal the �G S`i, day of �'��,�it,r� , 198 .
('��� , .
�_��,�� �
NOTARY PUBLYC in and� fd' Stat
oP Washington, residing at �(!'��
My commission sxpires: �i-Z� �'9
.
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