HomeMy WebLinkAboutA 9904191167 � ` ��
;
Return Address:
City Clerk's Office � : _ , _
City of Renton
1055 S. Grady Way
Renton WA 98055 . �
Please print or type information
Document Title(s):
� Property Use and Development Agreement
Ca�
� Reference Number(s)of Documents assigned or released:
e'� [on page of document(s)] _
� Amends Agreement recorded under 9304130971
�
CGrantor(s)(Last name first,then first name and inidals):
� 1• Ci�y of Renton
` 2.
�
3.
4.. ❑ Additional names on page of document
Grantee(s)(Last name first,then first name and initials):
1. Thomas A. Cooke
.. 2. Glennis M. Cooke
3. Pauli.ne H. Kirkman
• 4. C� AddiGonal names an page 4 of document
Legal Descriptio:;abbreviated: i.e. lot,block,plat or section,township,range):
Tracts 317 through 323, 334 through 336, 344 through 346, and 348 tliroug
� 353, CD Hillmans Lake Washington Garden of Eden, Div. No. 5 according
� to the plat thereof as recorded in Vol. 11 of Plats, page 83, records
of KC, WA
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�? � Additional legal is on page 14 of document
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' � Assessor's Property Taa ParceUAccount Number:
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numerous
�_. ❑ Additional legal is on page of document
�
Q The Auditor/Recorder will rely on the information provided on the form. The staff�vill not read the
� document to ve ' the accura or com leteness of the indexin information rovided herein. '
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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.
WITNESSE'�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 �
- C'
� WHEREAS, the Owners obtained approval in 1993 for a rezone of the Property
� and Site Plan Anproval for the development, subject to a Property Use and
�
�. �
` Development Agreement recorded at auditor's file no. 9304130971, records of King
' County, Washington (the"Development Agreement").
WHEREAS, the Owners' representative has filed a request under File No. R;SA
044 89 to modify the Site Plan Approval and amend the Development Agreement for
the Property; and
WHEREAS,the Development Services Division has granted approval of the
minor site plan modification and recommended approval of the amendment of the
Development Agreement; and
WHEREAS, the City Council has,found that the proposed minor site plan
modification and amendment to the Development Agreement complies with the goals
1
and policies of the Comprehensive Plan, is in the public interest, and will not impair the
public health, safety and welfare; j
NOW, THEREFORE, the Owners hereby covenant, bargain and agree on behalf
of themselves and their successors and assigns that they will comply with the following
conditions if the minor site plan modification and amendment to the Development
Agreement for the Property is approved.
Section 1. Development of the Property shall be accomplished in
accordance with the following conditions:
A. Development of the Property shall be in accordance with the site
plan approved by the Hearing Examiner's Decision and Recommendation dated
� January 12, 1993 ("Hearing Examiner's Decision"), as modified by the minor site plan �I
�f �
e-t modification approved by the Development Services Division dated December 16, 1998
- �
� (the"Minor Modification"). Minor modificatiflns to the site plan that are not major
�
C
J� adjustments may be permitted subject to the approval of the Development Services I
�
Division.
ir' B. The Owners shall execute covenants running with the land that
establish the maximum overall project density of no rnore than 8.l.dwelling units per I'
acre(maximum 180 units); 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.
C. The Owners shall comply with all mitigation measures
established by the Environmental Review Committee Mitigation Document published
I 2
on October 9, 1992. In addition, for the additional 15 units incorporated in the project
pursuant to the Minor Modification, the Owners agree to pay mitigation fees in the
following amounts:
FEE RATE TOTAL
Fire $388.00 per unit $ 5,820.00
Traffic $ 75.00 per trip $ 7,278.75
Parks $354.Sl�erunit $ 5,317.65
� TOTAL $18,416.40
CA
p� D. The Owners shall comply with the site plan approval conditions
�
� imposed by the Hearing Examiner in his January 12, 1993, and February 5, i993
t`�
�
C Decisions, as amended by the conditions set forth in the minor site plan modification i
� '
`� approval from the Development Services Division dated December 16, 1998.
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.
Section 3. It is further expressly agreed that in the event any covenant or
condition or restriction contained herein or any portion thereof is invalid or void, such !
invalidity or voidness shall in no way affect any other covenant, condition or restriction
contained herein.
Section 4. This Agreement and the approved site plan shall be valid through
March 10, 2000. In the event the Owners fail to submit a building permit application
3
for any phase of the project within said time period ,the zoning of the Property shall
revert to the zoning classifications that most closely reflects the land use designations
for the Property as depicted on the City's then current Land Use map for the
Comprehensive Plan.
Section 5. This Agreement may be executed in any number of counterparts,
each one of which shall be deemed an original.
DATED this a�'I day of a�G�l 1999.
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� OWNERS:
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� Thomas H. Cooke
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Glennis M. Cooke
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; Pauline I�. Kirkman
Marga et azel I
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Frances W. Mosley Kulle
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Nancy J. Lo
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Joyce L. Segur
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� J mes S. Martindale
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� Debra H,�rold
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Marilyn eask
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Toru Matsuoka
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Shizu Matsuoka
CITY:
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C OF RENTON, WASHINGTON
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. �
By: Jesse Tanner
ItS: �YOR
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
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P� Q�-r�nf��,.--
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� Larry Wanen
�,, City Attorney
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STATE OF 1�tl N-�j1(�c�� j
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COUNTY OF�,�r"� ""I )
I certify that I know or have satisfactory evidence that Thomas H. Cooke is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this���ay of rYl�'G�-, 1999.
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STATE OF �i(/ ti,��l�f�'�v)
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COUNTY OF � )
I certify that I know or have satisfactory evidence that Glennis M. Cooke is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this i/ �day of 1999.
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Washington, residing at
My Commission expires. �I R-f�Z
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STATE OF ��j�.�-, ��c�c` �
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COUNTY OF_1�f,� )
� certify that I know or have satisfactory evidence that Pauline H. Kirkman is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
. Dated this 1/ �day of,�y1�,1�� , 1999.
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I certify that I know or have satisfactory evidence that Margaret Hazel is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this��ay of �yy�ls�, 1999.
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CO�v�3zAF���������:�>`•�'��_��=� NOTARY PUBLIC in and for the State of
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My Commission expires: N-Iq-vZ
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STATE OF ��I,�k�Sl21.r���)
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COUNTY OF )
I certify that I know or have satisfactory evidence that Frances W. Mosley Kulle
is the person who appeared before me, and said person acknowledged that said person
signed this instrument and acknowledged it to be said person's free and voluntary act
for the uses and purposes mentioned in the instrument.
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Dated this�_day of�9�, 1999.
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� APRBL 99,���� Washington, residing at��h�d
� My Commission expires: �l-I g-U�
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STATE OF ��� L�
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COUNTY OF , � )
I certify that I know or have satisfactory evidence that Nancy J. Lotto is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this /��day of 1999.
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Al�4N BA�'EI�AN �
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STATE QF � (print or type name)
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AP�lL ��, ���� Washington, residing at �
My Commission expires: �-(R-v'�
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STATE OF �!� )
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COUNTY OF �i�2 )
I certify that I know or have satisfactory evidence that Joyce L. Segur is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this /� �'�day of ,� 1999.
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COUNTY OF )
I certify that I know or have satisfactory evidence that 7ames S. Martindale is
the person who appeared before me, and said person acknowledged that said person
signed this instrument and acknowledged it to be said person's free and voluntary act
for the uses and purposes mentioned in the instrument.
Dated this (,� ��day of l�L�1999.
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qp�aL y� ���� Washington, residing at��`i�� I��i�,,�
My Commission expires: �I--I�i-D�
[Seal or Stamp]
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STATE OF �,�,���.s���'� I
) ss.
COUNTY OF )
I certify that I know or have.satisfactory evidence that Debra Harold is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this 1��day of G�Gli 1999.
C�� ,���-�
� AI�AN BATE�IAN
� f�OTARY P���,�� � �e w�ai��
STATE Q��'�;�e€€t9����a! (print or rype name)
'r"� COMi�I��f�s���:=°r€��.� NOTARY PUBLIC in and for the State of
� A��°�' ��, ���� Washington, residing at ,�6u'f'��'��
� My Commission expires: �i�iq�O$�
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STATE OF�� )
) ss.
COUNTY OF � )
I certify tk�at I know or have satisfactory evidence that Marilyn K. Leask is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this � �day of�/��� ,[,, 1999.
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ALAN BAl'Ef�AN
�lOTARY P����^ �`�"'• �-�''�"
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STATE OF��J���e�s���:���a� NOTARY PUBLIC in and for the State of
CONiN!l�SIC��I �}���a���.:.�
qp�« ��,���2 Washington, residing at��NO,,T`(�.�
My Commission expires: �1--14_dt.,
[Seal or Stamp]
11
STATE OF � ���)
) ss.
COUNTY OF-���¢— )
i certify that I know or have satisfactory evidence that Toru Matsuoka is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this��ay of 1999.
�a �;�
� ALAN BRTIE►V1AIV
� f�QTARY �U���C I� I e���,.�
�'°" STATF OF�'�►ASk���i,�,�E Q� (print or type name)
�"'� C011n�ISSlQ�J��B6��S NOTARY PUBLIC in and for the State of
� APRlL 19,20(D2 Washington, residing at�����
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� My Commission expires: �i-�q�-07i
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[Seal or Stamp]
STATE OF ,G(� `��� )
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COUNTY OF�i _�Z� )
I certify that I know or have satisfactory evidence that Shizu Matsuoka is the
person who appeared before me, and said person acknowledged that said person signed
this instrument and acknowledged it to be said person's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated this�day of 1999.
1
AtAN �Al'��AN ,�-�A,�, ��-�,�
f�OTARY ���!�� (Print or type name)
STATE OF�6��E�?rs!���;� NOTARY PUBLIC in and for the State of
COIVI�I�SEQPJ E�t�=`���; Washington, residing at ��6'"f'�/l �
' AP��� ������2 My Commission expires: �1-I°�-�Z--
[Seal or Stamp]
12
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STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that .S�?2��lvi(l��-
is the person who appeared before me, and said person acknowledged that said person
signed this instrument, on oath stated that said person was authorized to execute the
instrument and acknowledged it as the ftG�F�I��of CITY OF RENTON,
WASHNGTON, to be the free and voluntary act of such corporation for the uses and
purposes mentioned in the instrum�nt.
� Dated this�ay of �/�'12C,�, 199�
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� : :� N07ARY�;,'; : NOTARY PUBLIC in and for the S te of
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� �cn�.o PUBUC o�Z: Washington, residing at-,���
. � •. �+ ,�o�:�O�;
;�-y�,••;TpeER s:�:� �� My Commission expires: �4 ��- �
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DODDS ENGINEERS, INC. I'�
BELLEVUE WA 98007 '
DEI Project No: 97169
8/31/98
Exhibit A
Consolidated Legal Description
for
The Bluffs
Tracts 317 through 323, 334 through 336, 344 through 346, and 348 through 353,
C.D. Hilmans Lake Washington Garden of Eden, Division No. 5 according to the
� plat thereof as recorded in Volume �9 of Plats, page 83, records of King County,
� Washington;
�-i
� AND that portion of the Pacific Coast Railroad Company's Newcastle Branch right-
� of-way being a strip of land 200 feet wide bounded on the north by the westerly
,� production of the north line of said tract 334 and on the south by the westerly
p production of the south line of said tract 317;
�
� AND that portion of Third Avenue (AKA NE 20th Street and SE 104th Street) lying
within said railroad right-of-way;
EXCEPTING THEREFRQM, any portion ofithe above described property lying
easterly of the westerly margin of Primary State Highway No. 1 (SR 405) and
westerly of the easterly margin of Lake Washington Blvd. North;
TOGETHER WITH those portions of vacated Lake View Boulevard and SE 110th
Street (Morgan Avenue) which attach thereto by operation of law.
97169, 3/30/99,page 1