HomeMy WebLinkAboutA 9304130971 WHII�t RECORDF�p RETUR�V'1'�c '` ' ' ' Contract Reaone, The Bluf f s
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PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT is executed this date in favor of the City
of Renton, a municipal corporation (the "City") , by the
undersigned property owners (the "Owners") of the within
described property.
W I T N E S S E T H:
"`WHEREAS, the Owners are the owners of the property legally
described on Exhibit A attached hereto and incorporated herein by
this reference (the "Property") ; and
WHEREAS, the Owners' representative has filed a petition
ti under File No. R; SA-044-89 for a rezone of the Pro ert from
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a Single Family (R-1) to multifamily medium density (R-3) with site
� plan approval and subjec� to a contract rezone; and
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�Q�} WHEREAS, the Development Services Division has recommended
approval of the petition subject to a contract rezone and site
plan approval, and with conditions and mitigation established by
the Environmental Review Committee; and
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the petition subject to the terms and conditions set forth
herein, and has granted site plan approval subject to conditions;
' and
WHEREAS, the City Council has found that the proposed use
I and development of the Property complies with the goals and
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policies of the Comprehensive Plan, is in the public interest,
and will not impair the public health, safety and welfare; and
WHEREAS, the City Council has approved the rezone subject �.o
the terms and conditions of this Agreement, and subject to the
execution and recording of this Agreement;
NOW, THEREFORE, the Owners hereby covenant, bargain and
agree on behalf of themselves and their successors and assigns
�ha} t�ey w�13 coa«��y �i�c;. �h�. fcii�wing Londiticr�s if the '
Property is rezoned to multifamily medium density (R-3) or its
equivalent zoning classification:
Section 1. Development of the Property shall be
accomplished in accordance with the following conditions:
_... A. Development of the Property shall be in accordance
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� with the site plan approved by the Hearing Examiner's Decision
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and Recommendation dated January 12, 1993 ("Hearing Examiner's
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� Decision") . Minor modifications to the site plan that are not
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major adjustments may be permitted subject to the approval of the
Development Services Division.
B. The Owners shall execute covenants running with the
land that establish the maximum overall project density of no '
more than 7.3 condominium dwelling units per acre; and that
establish the overall project height at 50 feet as shown in the
approved site plan and exhibits to the Hearing Examiner's
Decision.
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C. The Owners shall execute a covenants agreeing to
establish the project as a residential condominium complex.
D. The Owners shall comply with all mitigation
measures established b the Environmental Review Committee
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Mitigation Document published on October 9, 1992.
E. The Owners shall comply with the site plan approval
conditions imposed by the Hearing Examiner in his January 12,
19�3 , and �'ahruary 5, 1993 uecisions.
Section 2 . This Agreement may be amended or modified by
agreement between the Owners and the City; provided, such amended
agreement shall be approved by the legislative authority of the
City by ordinance.
! f Section 3 . It is further expressly agreed that in the event
� any covenant or condition or restriction contained herein or any
M portion thereof is invalid or void, such invalidity or voidness
�
� shall in no way affect any other covenant, condition or
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restriction contained herein.
Section 4. This Agreement and the approved site plan shall
be valid for a period of five (5) years from the date hereof
unless extended for an additional two (2) year period. In the '',
event this Agreement is not amended or modified by agreement
between the Owners and the City and construction of the project
has not commenced within said time period(s) , the zoning of the
)
Property shall revert to the zoning classification that most
closely reflects the land use designations for the Property as
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depicted on the City's then current Land Use Map for the
Comprehensive Plan.
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DATED this � � day of ��'���� , 1993 .
OWNERS:
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ti.. STATE OF JWA�HINGTON )
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� COUNTY OF KING )
� On this day personally appeared before me �1�o�s� (���c ,
� to me known to be the individual who executed the within and
(� foregoing instrument, and acknowledged that ,,�.t signed the
� instrument as � free and voluntary act and deed, for the
uses and purposes therein mentioned.
IN WITNESS WHER OF, I have hereunto set my hand and seal ,
this � ''� day of �'�,Q,•� , 1993.
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NOTARY PUBLIC in and for the _
State of Washington, residing
at �t'�'In'�,�,� ; My
, commission expires: t���-�y
STATE OF WASHiNGTON )
)
COUNTY OF KING )
II On this day personally appeared before me "tp�,��`�,o�{��ak� ,
to me known to be the individual who executed the within and
foregoing instrument, and acknowledged that � signed the
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instrument as J►w� free and voluntar act and deed for the
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uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this �'� day of _�(�,�,� , 1993 .
'� ;�.�,,, c�.::�— :
NOTARY PUBLIC in and for the
State of Washington, residing
at A���E�.e,,,a( ; My
commission expires: y-(�-qy
STT3TE OF i�vASHINGTON )
)
COUNTY OF KING )
On this day personally appeared before me ����;he �} ;��,,,,;,� ,
to me known to be the individual who executed the within and
foregoing instrument, and acknowledged that �� signed the
instrument as �o�- free and voluntary act and deed, for the
uses and purposes therein mentioned.
� � IN WITNESS WHEREOF, I have hereunto set my hand and seal
� p this �°"� day of y���,� , 1993 .
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NOTAR PUBLIC in and for the "
State of Washington, residing
at dl.�u'.�(�:.�,� ; My
commission expires: y_��-qy
STATE OF WASHINGTON )
)
COUNTY OF KING )
On this day personally appeared before me �v e Se ax.ti ,
to me known to be the individual who executed the ithin and
foregoing instrument, and acknowledged that ,�,�, signed the
instrument as � free and voluntary act and deed, for the
uses and purposes therein mentioned.
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274-PUDA.001
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IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 4L'� day of �, 1993 .
NOTARY UBLIC in and for the
State of Washington, residing �
at �-�`{,�L,,.J ; My
commission expires: y-��..qy �
STATE OF WASHINGTON )
)
COUNTY OF KING ) i
On this day personally appeared before me �J GN �" j�,�d ,
to me known to be the individual who executed the wi hin and
foregoing instrument, and acknowledged that �,JZu signed the
instrument as �_ free and voluntary act and deed, for �he
uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
,_, this 17,'�'= day of ���n�,t^, 1993 .
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� NOTARY UBLIC in and for the
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Q; State of Washington, residing �
at �rd'h�e� ; MY � .
commission expires: y .,�_�,�
STATE OF WASHINGTON )
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COUNTY OF KING )
On �'tiis day personaiiy ap�eared i�efore mE �;,,����{ ��-#-,Kd�,l�
to me known to be the ir�dividual who executed the within and
foregoing instrument, and acknowledged that � signed �h�
instrument as �., free and voluntary act and deed, for the
uses and purposes therein mentioned.
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IN WITNESS WHEREOF, I have hereunto set my hand and �ea1
this _� day of ,��,.,�Q, , 1993. i
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NOTARY PUBLIC in and for the
State af Washington, residing ,:
at �.�--� __ ; MY
cammission expires: t�-f��a,� �
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KIRKMAN
LEGAL DESCRIFTIONS
PARCEL A:
' �HAT P�RTION aF THE RIGHT OF WAY 200 . 00 FEET IN WIDTH DELINEATED
ON C. D. HILLMA�'S LAKE WASHTNGTON GARDEN OF EDEN DIVISION N�.
, FIVE, ACCORDING T� THE PLAT THEREOF RECORDED IN VOLUME 11 OF
' PLATS, PAGE 83, IN KING COUNTY, WASHINGTON, AS °'C AND P. S. R.
R. " LYING BETWEEN THE WESTERLY PRODUCTION OF THE NORTH LINE aF
LOT 322 OF SAID PLAT AND THE WESTERLY PRODUCTION OF THE S�UTH
LINE OF L�T 317 OF SAID PLAT, AND LYING WESTERLY QF STRTE HIGHWAY
405.
EXCEPT THRT PORTION LYING BETWEEN THE EASTERLY PRODUCTIQN �F THE
�ORTH LINE OF LOT 350 OF SAID PLAT AND THE WESTERLY PRODUCTION OF
THE SOUTH LI�E OF LOT 317 OF SAID PLAT;
� �XCEPT THAT PORTION LYING BETWEEN THE WESTERLY PRODUCTION OF THE
N�RTH LINE OF LOT 322 OF SAID PLAT AND THE WESTERLY PRODUCTION OF
THE SOUTH LSNE OF LOT 319 OF SRID PLAT;
1� PARCEL B:
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I C� THAT PORTION OF LOT 399, C. D. HILLMAN ' S LAKE WASHINGTON GRRDEN
.�- QF EDEN DIVISION NO. FIVE, ACCORDING TO THE PLAT THEREOF RECORDED
, � IN VOLUME 91 OF PLATS, PAGE 83 , IN KING COUNTY, WASHINGTO�, LYING
Q; WESTERLY OF STATE HIGHWAY NO. 405 , AND THAT PORTION OF PACIFIC
C�AST RAILROAD RIGHT OF WAY LYING ADJACENT THERETO WEST OF STATE
HIGHWAY N�. 405;
PARCEL C:
THAT PORTION �F LOT 320, C. D. HILLMAN' S LAKE WASHINGTON GARDEN
, OF EDEN DIVISI�N NO. FIVE, ACCORDING TO THE PLAT THEREOF RECORDED
�N V�LUME 11 OF PLATS, PAGE $3 , IN KING COUNTY, WASHINGTON, LYING
WESTERLY dF STATE HIGHWAY �O. 405, AND THAT PORTION OF PACIFTC
C�AST RAILROAD RIGHT �F WAY LYING ADJACENT THERETO WEST �F STATE
HIGHWAY NO. 405;
PARCEL D;
THAT PORTI�N �F LOTS 321 AND 322, C. D. HILLMAN'S LAKE WASHINGTON
GARDEN OF EDEN DIVISION NO. FIVE, ACCORDING TO THE PLAT THER�OF
RECORDED IN VOLUME 11 �F PLATS, PAGE 83 , IN KING COUNTY, WASHING-
TON, LYING WESTERLY QF STATE HIGHWAY N�. 405, AND THAT PORTION OF
PACIFIC GOAST RAILROAD RIGHT OF WAY, LYI�G AD3ACENT T�ERETO WEST
OF STATE HZGHWAY NO. 405 ;
PARCEL E:
LOT 34$ OF C. D. HILLMAN' S LAKE WASHINGTON GARDEN �F EDEN DIVI-
SIQN NO. FIVE, ACCORDING TO THE PLAT THEREOF REC�RDED IN VOLUME
11 OF PLP.TS, PAGE 83 , I� KING CQUNTY WASHINGTON;
PARCEL F: .
LOT 351 , C. D. HILLMAN 'S LAKE WASHINGTON GARDEN OF E�EN, DIVISION
NO. FIVE, ACCORDING TO THE PLAT THEREOF REC�RDED IN VOLUME 11 OF
PLATS, PAGE 83 , IN KING CQUNTY, WASHINGTON;
EXCEPT THE �ESTERLY 60 FEET THEREOF CONDEMNED IN KING COUNTY
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LOTTO/SEGUR
LEGAL DESCRIPTI�I�iS
LOTS 352 AND 353 , C. D. HILLMAN' S LAKE WASHINGTON GARDEN OF EDEN,
DIVISI�N NO. FIVE, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME
11 OF PLATS, PAGE 83 , IN KING COUNTY WASHINGTON;
EXCEPT THAT P�RTION THERE�F C�NVEYED TO KING COUNTY FOR NEWPORT-
RENTON ROAD BY DEED REC�RDED UtVDER RECORDING IVUMBER 1036529 .
ALL SITUATED IN THE S W 1 /4 OF SECTION 5 TOWNSHIP 23 N RANGE 5 E
WILLAMETTE MERIDIAN.
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MATSUOKA
LEGAL DESCRIPTIQ�S
', LOT 344, C. D. HILLMAN' S LAKE WASHINGTON GARDE� OF EDEN, DIVISION
NO. FIVE, ACCQRDING TO PLAT THEREOF, RECORDED IN VOLUME 11 OF
PLATS, PAGE 83 , RECORDS OF KING C�UNTY, WASHINGTON, AS ADJUSTED
BY A BOUNDARY LINE AGREEMENT {RECORDING NUMBER 8506240829 ) AND
DEPICTED ON KING COUNTY SURVEY, RECORDING NUMBER 8506249011 , IN
VOLUME 45 , PAGE 111 , RECORDS OF KING CQUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED 1Q4TH AVENUE SOUTHEAST
(LAKEVIEW BOULEVARD) VACATED BY THE CITY OF RENTON UNDER QRDI-
NANCE NUMBER 4029 .
ALL SITUATED IN THE S W 1 /4 OF SECTION FIVE, TOWNSHIP 23 �. ,
RANGE 5 EAST, WILLAMETTE MERIDIAN.
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LE�AL DESCRIFTIONS
PARCEL A:
LOT 334 , C. D. HILLM,AN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION
�O. FT`JE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF
PLATS, PAGE 83 , IN KING COUNTY, WASHINGT�N;
EXCEPT THAT PORTIO� 1^HEREOF LYING EASTERLY OF THE WESTERLY MAR�IN
OF PRIMARY STATE HSGHWAY NO. 1 (SR 405 ) AS ESTABLISHED BY DEED
RECORDED UNDER RECORDING NUMBER 4683135.
PARCEL B:
LOT 335, C. D. HSLLMAN' S LAKE WASHI�GTON GARDEN OF EDEN DIVISION
NO. FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF
PLATS, PAGE $3 , IN KING COUNTY, WASHINGTON;
�XCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY MARGIN
OF PRIMARY ST�TE HIGHWAY NO. 1 (SR 405 ) AS EST�BLISHED BY DEED
RECORDED UNDER RECQRDING NUMBER 4682225;
TOGETHER WITH THAT PORTI�N OF THE gACIFIC COAST RAILROAD COMPA-
NY ' S �EWCASTLE BRANCH RIGHT OF WAY, BEING A STRIP OF SAID RIGHT
� �F WAY 200 FEET IN W�DTH, 100 FEET OF SUCH �IDTH LYING ON EITHER
OSIDE OF THE CENTERLINE OF SAID RIGHT �F WAY, AS THE SAME WAS
M LOCATED ON d�TOBER 15, 1946 AND BOUNDED ON THE NORTH BY THE
' � SOUTHERLY LINE OF LOT 333, C. D. HILLMAN' S LAKE WASHINGTQN GARDEN
Q OF EDEN DIVISZ�N NO. FIVE, ACCORDING TO THE PLAT THEREOF RECORDED
� IN VOLUME 11 OF PLATS, PAGE 83 , IN KING COUNTY, WASHINGTO�,
�
PRODUCED WESTERLY �VER AND ACROSS SAID RIGHT OF WRY, AND �N THE
�OUTH BY THE SOUTHERLY LINE OF LOT 336 �F SAID PLAT, PRODUCED
�ESTERLY �VER AND ACR�SS SAID RIGHT �F WAY;
EXCEPT THAT PORTION THERE�F LYING EASTERLY OF THE WESTERLY MARGIN
� OF PRIMARY STATE HIGHWAY N�. 1 (SR 4Q5 ) AS ESTA�LISHED BX DEED I
REC�RDED UNDER RECORDING NUMHER 4648616 .
�ARCEL C:
THAT PQRTION QF THE PACIFIC COAST RAiLROAD COMPANY'S RIGHT �F WAY
IN SECTI4N 5 , TOWNSHIP 23 N�RTH, RANGE 5 EAST, WILLAMETTE MERID-
IAN, T.N KING COUNTY, WASHINGT�N, LYING BETWEEN THE NORTH AN�
SOUTH MARGINS OF TH�RD AVENUE, EXTENDED TO THE WEST, AS DEFINED
ON C: D. HILLMP.N' S LAKE WASHINGTON GARDEN QF EDEN DIVISI�N NQ.
FIVE, ACCORDINC= TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF
, PLATS, PAGE 83 , ZN KI�G C�UNTY, WASHINr,TON, AND LYING WESTERLY OF
A LINE D�AWN PARALLEL WITH AND 180 FEET WESTERLY, �HEN MEASCIRED
RADIALLY, FROM THE LINE OF SURVEY OF SR 405, RENTON TO KENNYDALE.
THE AFQREMENTIONED PROPERTIES ARE SITUATED IN THE � W 1/4 AND S W
1/4 QF SECTION FIVE TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE
MERIDIAN.
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BRANCH RIGHT OF WAY, BEING A STRIP OF LANI} 200 FEET IN WIDTH, 100
FEET �F SUCH WIDTH LYING ON EITHER SIDE OF THE RIGHT OF WAY
CENTERLINE AS THE SAME IS NOW ESTABLISHED OVER AND ACROSS THE
Nt�RTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIOI�t 5, TOWNSHIP
' 23 NC}RTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, AND BEII�IG BOUNDED �N THE SQUTH BY THE SOUTH LINE aF'
LaT 323 , C. D. HILLMAI�`S LAKE WASHINGTON G,�RDE1V OF EDEN ADDITION
TO SEATTL,E DIVISIQN IvO. 5, RCCORDII�TG TO THE PLAT THEREOF, REC�RD-
ED IN VOLUME 11 OF PLATS, PAGE 83 , II�1 KING COUNTY, WASHINGTON,
� PRODUCED WESTERLY �VER AND RCROSS SAID RIGHT OF WAY A.NJ� ON THE
NORTH �Y THE I�IORTH L2NE QF LOT 325, SAID PLAT PRODUCED WEST OVER
At�ID ACROSS SAID RIGHT OF WAY;
EXCEPT THAT P�RTIc]N 7.'HEREOF CONVEYED TO THE STATE �F WASHINGTDI�I
BY DEED RECORDED L7NDER RECORDING NUMBER 4648616 .
ALL SiTUATED IN THE S W 1 /4 OF SECTIaN FIVE TOWNSHIP 23 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN.
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MARTINDALE
TaEGAL DESCFtIFTIQNS
PAE2CEL A:
L4T 34� , C. D, HILLMA�1 ' S I,AKE WASHINGTON GARDEN �F EDEN DIVISIQN
NO. FIVE, ACCO�tDSNG TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF
PLATS, PAGE 83 , IN KING COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION �F VACATED 104TH AVENUE SOUTHEAST
(LAKEVIEW BOULEVARD) , VACATED BY THE CITY OF RELVT�N UNDER ORDI-
NANCE NUMBER 2958;
SERVED BY AN EASEMENT FOR IIVGRESS AND EGRESS �VER THE SOUTH 50
FEET dF LOT 351 OF SAID PLAT.
PARCEL B:
LOT 350 , C. D. HILLMAN 'S LAKE WASHINGTON GARDEN OF EDEN DIVISION
NO. FIVE, ACCORDING TO THE PLAT THEREOF E2ECORDED IN VOLUME 11 OF
PLATS, PAGE 83, IN KIL`IG COUNTY, 43ASHINGTON;
EXCEPT THE t�IESTERLY 50 FEET THEREOF CONDEMNED IN KING COUNTY
� SUPERIOR COURT CASE [ViJMBER 11581 FOR RENTON NEWPORT ROAD;
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— TOGETHER WITH THAT PORTION �F VACATED 'f04TH AVENUE SOUTHEAST
� (LAKEVIEW BOGLEVARDI VACATED BY THE CITY OF RENTOI�I UNDER ORDI-
C�"7 1�tAt�CE NL7NIBER 2958;
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'I'OGETHER WITH AN EASEMEtVT F�R INGRESS AND EGRESS �VER THE SOUTH
5 0 FEET OF L(�T 3 51 �F' SA I D PLAT.
PARCEL C:
'
L�TS 345 AND 346 , C. D. HILLMAN S LAKE WASHINGT�N GARDEN OF EDEN
I�IVISSON NO. FIVE, ACCORDING TO THE PLAT THER�OF RECORDED IN
VOLUME 11 OF PLATS, PAGE $3 , I1V KING COUNTY, WASHINGTON; AS
ADJUSTED BY BOL7NDARY LI1�IE AGREEMENT {RECORDING NUMBER 8506240829 )
ANL1 DEPICTED 01V KING COUNTY SURVEY, RECORDING NUMBER 8506249011 ,
IN VtJLUME 45, PAGE 111 , RECORDS OF KING COUNTY WASHINGTON.
�OGETHER WITH THAT PORTIOIV OF VACATED 10�TH AVENUE SOUTHEAST
(LAKEVIEW BOUL�VARD} VACATED BY THE CITY t?F RENTdN UIVDEE2 ORDI-
NANCE NUMBER �Q29 .
PARCEL D;
THAT P�RTION OF TFiE RIGHT OF WAY 200 . 00 FEET IN WIDTH DELIIVEATED
QN C. D. HILLMAN ' S LAKE WASHINGTON GARDEN OF EDEN DIVISION NC}.
FIVE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 �F
PLATS, PAGE 83 , IN KII�IG COUNTY, WASHINGTON, AS "C AND P. S. R.
R. " LYIIVG BETWEEN THE EASTERLY PRODUCTION OF THE I�TORTH LINE OF
L�T 35� OF SATD PLAT AND THE WEST�RLY PRODUCTION OF THE SOUTH
LINE OF LOT 317 OF SAID PLAT;
EXCEPT THAT PORTION TI-iEREOF C�NVEYED TO THE STATE QF WASHINGTON
FOR HIGHWAY PURPOSES BY DEEDS RECORDED UNDER RECc�RDI1VG NUMBERS
4b68942 A,ND 6014874 .
PARCEL E:
THAT PORTION C�F THE PAGIFIG COAST RAILROAD COMPANX 'S NEWCASTLE
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SUPERIOR COURT CRUSE NUMBER 1 '95311 FOR RENTON-NEWPORT ROAD;
SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 50
FEET THEREOF.
ALL SITUATED IN THE S W 1 /4 OF SECTION FIVE T�WN�HIP 23 N RANGE 5
EAST, WILLAMETTE MERIDIAN.
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