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GRANTEE:
ABBREVIATED
LEGAL DESCRIPTION:
and Restrictions
Carolina limited liability
LUA-10-020-LLA, Rec. WA
as Recorded June 2,2010 Under
mber(s) of related document(s): N/A
WA RENTON PARK, LLC, a South Carolina limited liability company
N/A
ED
N:
Lot 5A-2, City of Renton LLA No. LUA-10-020-LLA, Rec. No. 20100602900006, in King Cty, WA
AX OUNT
Tax Parcel No. 088661-0010-03 Except that portion thereof conveyed to the City of Rentonby Deed of Dedication Recorded Under Recording No.20220822001171, in King County, WASituate in City of Renton, County of King, State ofWashington
10-03
1
tion:
CORRECTIONS - RESUBMIT
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DEVELOPMENT ENGINEERING DIVISION
ntersection of Park Avenue North ngton, said master tract containing ee (3) separate parcels shown and
Lot 1”), Lot 2, with an area of mately 0.97 acres (“Lot 3”), all as ed by Axis Survey and Mapping, fice for King County, Washington y described on Exhibit A attached mes being individually referred to s the “Property” or the “Parcels”);
a total area of approximately 1 designated as Lot 1, with an approximately 1.67 acres (“Lo shown on that certain Short P
dated June 2, 2022, 2022 (the “ (the “Recorder’s Office”), of ev hereto and incorporated herein herein as a “Parcel” and someti and
ENANTS AND RESTRICTIONS (this ___, 2023 (the “Effective Date”), by WA “Declarant”).
iece, parcel or tract of land, together with western intersection of Park Avenue North , Washington, said master tract containing into three (3) separate parcels shown and acres (“Lot 1”), Lot 2, with an area of approximately 0.97 acres (“Lot 3”), all as ” prepared by Axis Survey and Mapping, der’s Office for King County, Washington articularly described on Exhibit A attached
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ure subdiv
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(i) Declarant does hereby declare, grant, bargain, sell, and convey mutual non-exclusive permanent, perpetual, irrevocable, transmissible, and assign varying in width, for the purpose of constructing, utilizing, maintaining, repairin utility lines for electricity, water, sewer, cable, telephone, storm drainage, as well other utilities (individually, a “General Utility Line” or collectively, the “Genera across, under and over the Parcels for the benefit of the Parcels (collectively, the Easement”). The General Utility Easement shall include temporary staging reaso to construct and install General Utility Lines and related facilities, and ingress and vehicular and pedestrian access over the Parcels as may be necessary during construction, maintenance, repair, and replacement of the General Utility Line Utility Lines will be located in accordance with requirements of the applicabl
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Benefitting Party shall, upon demand, reimburse the Owner of the Burdened Parce paid and costs incurred in having such lien(s) discharged of record, plus interest a date of attachment at the lesser of (i) the rate of eighteen (18%) percent per a maximum rate of interest allowed under the laws of the State of Washington. (c) Reciprocal Storm Drainage Easement Benefitting the Parcels. Declar declare, grant, bargain, sell, and convey a mutual and reciprocal, non-exclusive, perma irrevocable, transmissible and assignable easement under, over, through, across each Parc of the other Parcels, varying in width, for (i) stormwater drainage and for the install maintenance, repair and replacement of stormwater drainage facilities, including, withou off-site filtration/water quality device and/or drainage system (including, but not limited to facilities) (collectively, the “Drainage System”), and (ii) surface drainage to the extent incid
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construction, maintenance, or repair which are least intrusive to and which have the lea condition and operation of the Property affected by such construction or repair, including to, protection of existing improvements, trees, bushes, and other landscaping on the Prope or destruction and maintenance of access to, egress from, and parking on the affected understood and agreed that any property damaged or affected thereby will be restored as ne to its prior condition after construction of easement improvements and any repairs there shall use reasonable and diligent efforts to prevent any material interference with the opera of any Permittees of the Parcels when performing any construction, repairs, or maintena any Parcel. The Owners shall cause all construction on the Property to be performed in all applicable laws and shall not permit any such construction to: (i) materially interfe occupancy, or enjoyment of any part of the Property by any occupant thereof, or (ii) caus
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located on its Parcel (to the extent that such Owner is actually required to main pursuant to the terms and provisions of this Declaration) to the reasonable satisfa Owner (the “Complaining Owner”), the Complaining Owner shall provide the d with written notice indicating the maintenance deficiencies (to the extent that t Owner shall actually be entitled to receive the benefit or benefits of any such easem areas pursuant to the terms and provisions of this Declaration). Except in the case o in which event no prior notice shall be required (but the Complaining Owner sha soon as practicable thereafter) and the Complaining Owner may commence maintenance activity immediately and be reimbursed as set forth below, the defaul have a reasonable amount of time from receipt of the notice to remedy the matters d In the event the defaulting Owner fails to remedy the matters set forth in the
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permits and/or the payment of any fees or costs required or associated with its respecti signage within the Property shall comply with all applicable signage ordinances and c applicable codes and laws affecting the Property.
(c) Access Driveways. The Access Driveways may not be blocked or impede be otherwise set forth herein.
7. Insurance. The Owners of the Parcels hereby covenant to maintain or cause to b their respective Parcel(s) the following commercial general liability insurance: (a) pers injury and damage to property of $2,000,000.00 per occurrence, with an annual ag
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overnight courier or sent by United States certified mail, return receipt requested, post addressed to the parties at their respective addresses set forth below, or to any address es Owner of a Parcel pursuant to this Section 9, and the same shall be effective upon receipt initial addresses of the Owner shall be:
To Declarant: WA Renton Park, LLC 201 Riverplace, Suite 400 Greenville, South Carolina 29601 Attention: Legal Department With a copy to: Graybill, Lansche & Vinzani, LLC
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Declaration or any of the Easements, rights, restrictions, covenants, or other provisions for any period of time shall in no event be deemed a waiver of the right of any of the fore the same, nor shall any failure by any party to enforce the Easements, rights, restriction other provisions contained herein for any period of time work to stop any of the foregoing the same. This provision does not exclude other remedies available at law or equity, inc damages. In any such action(s), the prevailing party shall be entitled to reasonable attorney of such action(s). In the event of any failure by the Owner of a Parcel to perform, fulfill covenant, condition, restriction, obligation, or agreement herein to be performed, fulfilled it, continuing for thirty (30) days, or immediately in situations involving potential danger safety of persons in, or about or substantial deterioration of the Property or any portio improvements located thereon, in each case after written notice specifying such, the O
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the express written consent of the Declarant, provided, however, that no amendment sha adversely affect the Lot 1 or the Owner of Lot 1 without the consent of such party. 19. Condemnation. In the event of condemnation or a similar taking of all or any portio area by the duly constituted authority for public or quasi-public use, compensation for portion within the Easement area will be payable to the Owner(s) on whose Parcel(s) located, and no claim will be made by any other Owner(s). Another Owner may file a coll and above the value of the underlying fee title to the property so taken, to the extent o suffered by another Owner as a result of the severance of the Easement. If the taking affec Easements, each party bound hereby will use its best efforts to modify, repair, and rebuil revise the Easement that burdens its Parcel, so that the benefits accruing to the beneficiari
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identifying any amendments to the Declaration as of the date of such certificate; and (c) att other matters relating to this Declaration as shall be reasonably required by the requestin lender or prospective lender or transferee). (f) Site Plan. The Owners acknowledge and agree that by attaching the Site Owners are in no way obligated to each other to build or construct the improvements sh Plan, and each Owner may modify, revise, and/or reconfigure the improvements on such O any time and from time to time in such Owner’s sole discretion without the prior writte Declarant, provided that none of the terms and provisions of this Declaration are violated a or in connection therewith, including, but not limited to, those relating to the Access Drive (g) Declarant Cessation and Designation of Rights. In the event the n
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Signature and Acknowledgement Page
sion Expires:
AL OR STAMP]
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EXHIBIT A Legal Description of the Parcel 1:
hose certain pieces, parcels or tracts of land, with any improvem e City of Renton, King County, Washington, being identified a prepared Axis Survey and Mapping, dated June 2, 2022, last rev _________ _____, 2023, in Book ________, Page ________ nty, Washington (the ''Plat''), said Plat being hereby incorporat ription of the referenced parcels.
2:
hose certain pieces, parcels or tracts of land, with any improvem
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EXHIBIT A Legal Description of the Parcels
or tracts of land, with any improvements, thereon, situate, lying and being nty, Washington, being identified as Lot 1 on that certain 8th Street Short Mapping, dated June 2, 2022, last revised ________________, recorded on in Book ________, Page _________ in the Recorder’s Office for King ), said Plat being hereby incorporated by reference for a more complete cels.
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nty, Washington (the ''Plat''), said Plat being hereby incorporated ription of the referenced parcels.
2:
hose certain pieces, parcels or tracts of land, with any improveme e City of Renton, King County, Washington, being identified as prepared Axis Survey and Mapping, dated June 2, 2022, last revis __________ _____, 2023, in Book ________, Page _________ nty, Washington (the ''Plat''), said Plat being hereby incorporated ription of the referenced parcels.
3:
ing County, Washington, being identified as Lot 1 on that certain 8th
ey and Mapping, dated June 2, 2022, last revised ________________, , 2023, in Book ________, Page _________ in the Recorder’s Off e ''Plat''), said Plat being hereby incorporated by reference for a mo nced parcels.
parcels or tracts of land, with any improvements, thereon, situate, lyin ing County, Washington, being identified as Lot 2 on that certain 8they and Mapping, dated June 2, 2022, last revised ________________, , 2023, in Book ________, Page _________ in the Recorder’s Off e ''Plat''), said Plat being hereby incorporated by reference for a mo nced parcels.
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ription of the referenced parcels.
3:
hose certain pieces, parcels or tracts of land, with any improveme e City of Renton, King County, Washington, being identified as prepared Axis Survey and Mapping, dated June 2, 2022, last revis _________ _____, 2023, in Book ________, Page _________ nty, Washington (the ''Plat''), said Plat being hereby incorporate ription of the referenced parcels.
pieces, parcels or tracts of land, with any improvements, thereon, situate, lying and nton, King County, Washington, being identified as Lot 2 on that certain 8th Street s Survey and Mapping, dated June 2, 2022, last revised ________________, record _____, 2023, in Book ________, Page _________ in the Recorder’s Office for gton (the ''Plat''), said Plat being hereby incorporated by reference for a more com referenced parcels.
pieces, parcels or tracts of land, with any improvements, thereon, situate, lying and nton, King County, Washington, being identified as Lot 3 on that certain 8th Street s Survey and Mapping, dated June 2, 2022, last revised ________________, record _____, 2023, in Book ________, Page _________ in the Recorder’s Office for gton (the ''Plat''), said Plat being hereby incorporated by reference for a more com referenced parcels.
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EXHIBIT A – Legal Description of the Parcels – Solo Page
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EXHIBIT B – Site Plan – Solo Page please move up sothere is a clearmargin of at least 1"
EXHIBIT B – Site Plan – Solo Page
EXHIBIT B Site Plan
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EXHIBIT C – Use Restrictions – Page 1
unreasonably interfere with the use of their respective Buildings and/or Parcels, (iv) the operation of a TopGolf entertainment facility shall be deemed not to create conditions prohibited hereunder; f) a house of worship or church; g) any unlawful use; h) any mobile home park, trailer court, labor camp, junkyard or stockyard; i) any dumping, transfer, disposing, incineration or reduction of garbage (exclusive of screened garbage compactors located near the Land); j) any laundry or dry-cleaning plant or Laundromat; provided, however, this prohibition shall not be applicable to on-site service oriented to drop-off, pick-up and delivery by the ultimate consumer, including nominal supporting facilities; k) any use related to industrial or manufacturing purposes, or for any assembling, distilling, refining, smelting, agricultural; or mining operation (other than existing agricultural operations); and l) any deep discount, bargain, fire sale or thrift business.
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EXHIBIT C – Use Restrictions – Page 2
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000341
2023
N. 8TH S LOGA N. LAND
SITElogan ave. n.LOGANN. LANDING W
AVE.
N.
current Rentonlogo needed
0886610010
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20-0654
Under King County Recording No. ________________________
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Dne. sunset blvd.
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Plans_231004_v1.pdfLOGAN
LAKEWA.
BOEING N. PAR
AVE. N
.
Boeing is west ofPark Ave. N. Slidetext to the left.
Markup Legend
REDRequired RevisionsBLUERecommended Revisions
PURPLE Advisory Only
CORRECTIONS - RESUBMIT
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DEVELOPMENT ENGINEERING DIVISION
20220822001171
20220822001171
20220822001171
20-0654
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000341
LOT 1
780 Logan Ave N
LOT 3
777 Park Ave N
LOT 2
751 Park Ave N
PARK AVE. N.LOT 2
LOT 3
shared accesseasement to matchthe declaration -Exhibit B.
xisting tree, resulting in 290 tree credits provided on Lot 1 (Topgolf). ot 1 (Topgolf) will be 10.54-acres. At 30 tree credits per acre, 316 tr s a result, 290 tree credits are provided, therefore 26 tree credits are
nce there is no available space to install new trees on Lot 1 (Topgol
he fee-in-lieu. The fee-in-lieu is calculated at $725 per tree as confirm
r 13 trees at 2 credits each) results in a fee-in-lieu in the amount of viewed/invoiced by the City and will be paid before Final Short Plat
pplicant shall record an access easement with the King County
way access between Lots 2 and 3 and/or provide an access eas
hort plat to encumber the shared driveway splitting Lots 2 and
bit any temporary or permanent physical obstructions within th mited to, the parking of non‐emergency vehicles. The revised sh mitted for review and approval with the final short plat applicatio
onse: As confirmed with Clark Close during a conversation on Septem
pay tree fee in lieu invoice (#00137749).
s per acre, 316 tree credits are required.
26 tree credits are required.
on Lot 1 (Topgolf), the applicant will opt to pay
per tree as confirmed by the city. 26 tree credits
in the amount of $9,425.00. This fee will be
e Final Short Plat approval.
the King County Recorder’s Office for shared
de an access easement note on the face of
tting Lots 2 and 3. The easement shall
uctions within the easement including, but
s. The revised short plat plan shall be
this could be paidthrough online oncity's website:https://permitting.rentonwa.gov/#/payinvoice