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Home My WebLink AboutRC 20011012000590 t ,s t 6 • ;;:;: & FONTES, P.S. 20011011111111111111UNIIPIO2 RENTON, WASHINGTON 98057-0626 00059 AGEE008 OFE007RCOVE 14.00 10/12/2001 10.21 KING COUNTY, WA 20010615001975 G a WARREN BARBER RCOVE 14.00 08/13//01 2001F18:07 KING COUNTY, WA DOCUMENT TITLE: Restrictive Covenant *rerecorded to add reference to- REFERENCE NUMBER OF RELATED DOCUMENT: N/A Exhibit B GRANTOR(S): Bales, George, and Sea-Port Dozing & Development, Inc. ADDITIONAL GRANTOR(S) ON PAGE: 1 GRANTEE(S): City of Renton, Burnstead Construction Company, King County ADDITIONAL GRANTEE(S) ON PAGE: N/A r, ABBREVIATED LEGAL DESCRIPTIONS: cy' • 14-23-05 9094 LOT 1 KC SHORT PLAT 1075015 AF 7611040904 SD PLAT DAF W cp 150 FT OF E 1166.01 FT OF N '/2 OF NE 1/4 OF NW 1/4 AS MEAS ALG N LN SD SEC cn LESS CO RD; P-- • 14-23-05 9068 PP ACT 39922653 MOBILE HOME N V2 OF NE 1/4 OF NW 1/4 LESS E 1166.01 FT MEAS ALG N LN&LESS CO RD; • 14-23-05 9065 LOT 2 KING COUNTY SHORT PLAT 1075010 AF 7611040904 SD PLAT DAF W 150 FT OF E 1166.01 FT OF N '/z OF NE 1/4 OF NW 1/4 AS MEAS ALG N LN SD SEC ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Schedule A and Exhibit B ASSESSOR'S TAX PARCEL NUMBER(S): 1423059094; 1423059068; 1423059065 • RESTRICTIVE COVENANT- Coversheet tk I After recording return to: WARREN, BARBER& FONTES, P.S. P.O. BOX 626 RENTON, WASHINGTON 98057-0626 rn T DOCUMENT TITLE: Restrictive Covenant *rerecorded to add reference to , REFERENCE NUMBER OF RELATED DOCUMENT: N/A Exhibit B GRANTOR(S): Bales, George, and Sea-Port Dozing & Development, Inc. ADDITIONAL GRANTOR(S) ON PAGE: N/A GRANTEE(S): City of Renton, Burnstead Construction Company, King County ADDITIONAL GRANTEE(S) ON PAGE: N/A ABBREVIATED LEGAL DESCRIPTION: ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): ASSESSOR'S TAX PARCEL NUMBER(S): RESTRICTIVE COVENANT RUNNING WITH THE LAND I. DATE This Covenant is voluntarily entered into on this 8-* day of June, 2001. II. PARTIES The owner of the property imposing this Restrictive Covenant is George Bales. George Bales has as a tenant on that property Sea-Port Dozing & Development, Inc. The parties to be benefited by this Covenant are the City of Renton, Burnstead Construction Company, and King County. III. FACTS George Bales and Sea-Port Dozing & Development, Inc. received a report and decision dated and transmitted March 20, 2001 for approval of a home industry to legalize and operate RESTRICTIVE COVENANT—Page 1 • storage and maintenance of heavy equipment at property located at 15221 SE 128th Street, Renton, Washington. That approval was timely appealed by the City of Renton and Burnstead Construction Company. This Covenant is imposed upon the land to settle the differences an between the parties and to allow the owner and tenant of the land to enjoy the benefits of the use atp of the Conditional Use Permit for a period of time. a, IV. LEGAL DESCRIPTION CD �_. This Covenant is imposed upon property commonly known as 15221 SE 128th Street, Renton, Washington, legally described as follows: *Please see Exhibit B The benefited property of Burnstead Construction Company is the Maplewood Estates plat legally described in Schedule A, attached hereto. un V. RESTRICTION cn c George Bales as owner and Sea-Port Dozing & Development, Inc., as tenant, hereby un covenant that Sea-Port Dozing & Development, Inc. will operate the business permitted under UD Conditional Use Permit L98AC0 at, but not above, its current level of intensity for a period of Q a-nft.�itc,. (1i6 V not more than eighteeff (4%) months, or, not later than January 1, 2003 and George Bales as owner will not permit any operation under Conditional Use Permit L98AC041 beyond that time. This Covenant shall run with the land, shall touch and concern the land and use of the land, and will be applicable to any heirs, successors, later owners or users of the property, unless otherwise waived by the benefited parties. George Bales and Sea-Port Dozing & Development, Inc. also covenant that they will notify King County that they have abandoned the Conditional Use Permit at a date no later than January 1, 2003. • RESTRICTIVE COVENANT—Page 2 L r. 4. 7 VI. ENFORCEMENT This Covenant may be enforced by Burnstead Construction Company,the City of Renton, or King County or any of the successors in interest to those parties, including any purchaser of the plat of Maplewood Estates owned by Burnstead Construction Company, any C=I portion thereof, or the later owners of any portion of that plat or any lot therein. In the event George Bales and/or Sea-Port Dozing&Development, Inc. are found to have materially breached this Covenant by failing to cease operations under the Conditional Use Permit on or • before January 1, 2003, then the person seeking enforcement of this Covenant shall be entitled to 0,0 an Order enjoining further violations of this Covenant. The prevailing party in any such enforcement action shall be entitled to recovery of its reasonable attorneys fees and costs, cn payable by the non-prevailing party or parties. VII. ANNEXATION �-- George Bales as owner of the properties upon which these Covenants are imposed, does smt indicate that he wishes to develop the property, subsequent to its use under the subject c.4 Conditional Use Permit;as residential housing. George Bales has indicated he would like to develop that housing within the City of Renton and the City of Renton has indicated that it would be interested in annexing this property to the City. VIII. USE OF COVENANT This Covenant shall be filed with the property records of King County, by filing with the County Auditor, and, will be presented to King County as part of the settlement of the pending RESTRICTIVE COVENANT—Page 3 t + appeals brought by the City of Renton and Burnstead Construction Company against George Bales and Sea-Port Dozing & Development, Inc. under Permit Number L98AC041. Dated this day of June, 2001. • , ; SEA-PORT r OZING & DEVELOPMENT, INC. C".4- 4/41, BerzY: �1 , �ge ..es P esident By: 4, -- t-orge :ales, :s Owner STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that George Bales is the person who appeared before me, and who signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it individually and as the President of Sea-Port Dozing& Development,Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. cv Dated: This -day of 14, 2001. ti IONT* In. .�. / :co � Pf S i Notary Public in and for the State of Washington,residing atOitQ. eS ��'� 4124� -• My appointment expires: (1.412-4 Ib+ . sr:c:\myfiles\city\sea-port dozing\restrictive covenant2 RESTRICTIVE COVENANT—Page 4 .t.,445/11/01 08:34 FAX 425 454 0087 HANSON BAKER x]004 ' Ma ". 10. 01 02: 49p Burnstead Const. 425 990-3490 p•- 3 IMAGO TITLE INSURANCE COMPA Order No.: 42388a PLAT CERTIFICATE SCHEDULE A _� (Continued) o LEGAL DESCRIPTION (,iiP6wcc79ESTI TEs) PARCEL A: CD THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING 000NTY, ':"SHIN ?ON` EXCEPT THAT PORTION THEREOF OF THE NORTH 500.00 FEET LYING EAST OF THE EAST LINE a OF THE WEST 30 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE EAST 225.00 FEET O.F THE SOUTH 468.00 FEET OF THE NORTH 966.00 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 632253 FOR SOUTHEAST 128TH STREET. PARCEL B: THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP un 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; cn EXCEPT THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF TETE rn NORTHWEST QUARTER; AND CD EXCEPT THE EAST 30 FEET OF SAID PREMISES CONVEYED TO KING COUNTY FOR ROAD; AND 0 al EXCEPT THAT PORTION CONDEMNED IN RING COUNTY SUPERIOR COURT CAUSE NUMBER 632233. to • CD 0 CJ N EXHIBIT "B" Legal Description of 15221 SE 128th Street, Renton, Washington CPI Lot A, Tax Parcel Number 1423059094: Lot 1 of King County Short Plat#1075015 recorded under Auditor's File No. 7611040904, said Plat described as follows: The West 150 feet of the East 1166.01 feet of the North one-half of the Northeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., as measured along the North line of said section less County Road, situate in King County, Washington. Lot B, Tax Parcel Number 1423059068: en The North half of the northeast quarter of the northwest quarter LESS the east 1,166.01 feet as measured along the north line of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington, Less that portion lying within the west 42 feet conveyed to King County for County Road. Situate in King County, Washington. Q-- e Lot C, Tax Parcel Number 1423059065: Lot 2, of King County Short Plat No. 1075010,recorded under King County Recording No. 7611040904, Said Short Plat described as follows: The West 150 feet of the East 1,166.01 feet of the North half of the Northeast quarter of the Northwest quarter as measured along the North line of said Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington.