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Home My WebLink AboutRC 20180313000560Instrument Number: 20180313000560 Document:COV Rec: 578.00 Page -1 of 5 Record Date:3/13/2018 11:56 AM Electronically Recorded King County, WA FIMMMETME City Clerk's Office City of Renton 1. Renton, WA 98057 Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Termination of Declaration of Restrictive 2. Covenants 3. 4. Reference Number(s) of Documents assigned or released: King County Recording No. 8302140392 Additional reference #s on page _ of document Grantor(s) (Last name first name, initials) 1. of Renton —City 2. Additional names on page — of document. Grantee(s) (Last name first, then first name and initials) 1. John C. Raclovich L.L.C., a Washington limited liability company 2 Additional names on page of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) PARCEL A: W 1/2 of N 5.50 Ac of 5 14.5 Ac of SE % of NE X Less Co Rd PARCEL B: Ptn Sec 31 Twp 23N Rge 5E, SE Qtr NE Qtr Additional legal is on page of document. Assessor's Property Tax Parcel Account Number 0 Assessor Tax # not yet assigned Parcel A: 312305-9067 Parcel B: 312305-9094-09 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. (18177/016/01563762-41 Page 1 of 5 Instrument Number: 20180313000560 Document:COV Rec: 578.00 Page -2 of 5 Record Date:3/13/2018 11:56 AM King County, WA �i�l.It�tl��y.�Iit'l��t��>��t7��,i��[r��7��1��r� , .►, �, THIS AGREEMENT, dated this day of -00LrLA2018, is by and between the City of IMn (the "City"), a Washington municipalcorporation,and o limitedWashington liabilitycompany collectively in this Agreement Pa f by the Parties, this Agreement . last date signed by both parties. PARCEL A: THE WEST' HALF OF THE NORTH 5.5 ACRES OF THE SOUTH 14.50 ACRES OF THE SOUTHEAST l OF THE N.E. f OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 E.W.M. EXCEPT DEDICATED ROADS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. •, t PORTIONTHAT OF THE NORTH 5.5 ACRES OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE EAST OF THE �yi EAST, yyi� COUNTY, yip LYING x k . AS FOLLOWS: MMENCING AT THE EAST QUARTER CORNER OF SAID SECTION ALONG i (, OF SECTION, NORTH EAST A DISTANCE OF 659.00 FEET; THENCE ALONG THE NORTH LINE OF SAID 5.5 ACRES NORTH 89*00'28" WEST l DISTANCE OF 667.65 FEET TO THE WEST LINE OF A GRAVEL PIT AND TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89'00'28" WEST 1 0'21'10" WEST 18 w FEET TO THE SOUTHOF 4 D NORTHISOUTH LINE SOUTH 89'00'13" EAST 480.99 FEET TO THE WEST LINE OF SAID GRAVEL PIT; THENCE ALONG SAID O, EAST 181.19 FEET TO THE TRUE POINTOF BEGINNING. PropertyB. In 1982, the then -owners of the Property requested that the the rezone application proceeded as the "Sparks/Shegrud rezone" application under City file number R-063-82, Owner is the heir, successor, and/or assign to the applicants for the Sparks/Shegrud rezone application. C. As an element of the rezone application, the City's Environmental Review Committal - Environmental (SEPA)responsible coulddetermined that the rezone As its . substantive authority,,d mitigation of the anticipated impacts. {18177/016/01553762-4} Page 2 of 5 Instrument Number: 20180313000560 Document:COV Rec: $78.00 Page -3 of 5 Record Date:3/13/2018 11:56 AM King County, WA D. Accordingly, on February 14, 1983, a Declaration of Restrictive Covenants (the "1983 Declaration") addressing traffic mitigation was recorded against the Property, under King County Recording Number 8302140392. EThe 1983 Declaration provides that "no occupancy permit shall be granted by the City of Renton for any future use" of the Property until either of two traffic mitigation options had been satisfied. The first option called for including the Property in a "legally established and binding Local Improvement District (LID) for street improvements to the intersection of S.W. 43rd street and Talbot Road South." The second option called for the completion of five prescribed street improvements at the intersection of S.W. 43rd Street and Talbot Road South. F. In the years following the recording of the 1983 Declaration, the City's standards for street improvements were updated, and other street improvements at the intersection of S.W. 43rd Street and Talbot Road South were installed in lieu of the improvements called for in the 1983 Declaration. The City's Public Works and Community & Economic Development Departments have reviewed the street improvements at the intersection of S.W. 43rd Street and Talbot Road South, and determined that the installed stree) improvements sufficiently substitute for the two street improvement options called for in the 1983 Declaration. G. The 1983 Declaration provides that its terms shall not expire until December 31, 2025, but further provides that the 1983 Declaration may be amended or modified if "mutually agreed upon by the City of Renton and the [owners of the Property] in writing and recorded with the King County Department of Records and Elections." H. On June 5, 2017, the ERC reviewed the 1983 Declaration and was advised by representatives of the City's Public Works and Community & Economic Development Departments that those two departments regard the street improvements installed at the intersection of S.W. 43rd Street and Talbot Road South as sufficiently substituting for the two street improvement options called for in the 1983 Declaration. Thus, on June 5, 2017, the ERC concluded that the street improvements installed at the intersection of S.W. 43rd Street and Talbot Road South sufficiently mitigate the traffic impacts anticipated in the 1983 Declaration. 1. As a result, the purposes of the restrictive covenants contained in the 1983 Declaratics have been satisfied or frustrated, and the Parties desire to terminate the 19"0 Declaration prior to the December 31, 2025 expiration date. I {18177/016/01563762-4} Page 3 of 5 Instrument Number: 20180313000560 Document:COV Rec: $78.00 Page -4 of 5 Record Date:3/13/2018 11:56 AM King County, WA 1. Recitals: The recitals set forth above are hereby incorporated in and made a part of this Agreement by reference. 2. Termination of 1983 Declaration: The 1983 Declaration is hereby terminated in its entirety and shall be of no further force and effect as of the date of this Agreement. 3. 8Approval Authority: Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Owner. 4. �Cg��: The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. S. Recording: This Agreement shall be recorded in the records of King County, Washington. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. F101101 1114WIT-119GUM By: Dater — �/ —0 Nicholas R5aich� President, John C. Raclovich L.L.C. Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING FN M IV IV 6i-,/// ........ I certify that I know or have satisfactory evidence that Nicholas Radovich signed this instrument, on oath stated that he was auth 'zed to execute the instrument and P ilr acknowledged it as th - res! e t of JoRn Radovich L.L.C. to be the free and �AOTAR y voluntaryactof u pa r�hepse5- purposes mentioned in the instrument. PUBUZ 14,7 Notary Pu 'ic im f r the?tat ashiTon '\;\\\\N N otary (Print)_ OF WASO My appointment ex ices: Dated: 1), �/ (18177/016/01563762-4) Page 4 of 5 Instrument Number: 20180313000560 Document:COV Rec: $78.00 Page -5 of 5 Record Date:3/13/2018 11:56 AM King County, WA CITY OF RENTON I In Denis Lau Mayor, City of Renton IN STATE OF WASHINGTON COUNTY OF KING No I certify that I know or have satisfactory evidence that 1 L , is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as 1' ' of City of Renton to be the free and voluntary act of such party for the uses and purposes stated therein. Dated -In 2m!1' 1 Ar Notarial Sta*�,} � k rt ' S (18177/016/01563762-4) Name:— NOTARY ame:—O)T RY PUBLIC, State of Washington My appointment expires IV ../ I –2,01 17�_