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HomeMy WebLinkAboutRC 20020516000478 • • . RETURN--TTO - = City-rierk'.s Office. City- of_Renton 1055—S. Grady Way 11 111 0111 111 11 11 11 Renton_WA '98.0.55 20020516000478 CITY OF RENTON DPC 13.00 PAGE 001 OF 005 05/16/2002 10:39 KING COUNTY, WA DECLARATION OF RESTRICTIVE COVENANT Grantor: Rudy Starkovich and Beverly Starkovich, as assigned to the Starkovich Revocable Trust U/A/D June 15, 2001, and Beverly Starkovich, a widow Grantee: The Public Reference Numbers of Documents Assigned or Released: cra Legal Description(abbreviated):Portion of Henry H.Tobin Donation Land Claim No. 37,in Section 18, Township 23 North, Range 5 East of the W.M., City of Renton, King County, Washington. Q Complete Legal Description is located on Exhibit"A" of document o Assessor's Tax Parcel Numbers: 000720007509 and 000720014802 • ca This Declaration of Restrictive Covenants is executed this ,.4$ day of March, 2002,by ce and between Rudy Starkovich and Beverly Starkovich, as assigned to the.Starkovich Revocable •o' Trust U/A/D June 15,2001,and Beverly Starkovich,a widow,hereinafter referred to as"Declarants" according to the terms and conditions set forth herein. Recitals: 1. That the Declarants are the owners of certain real property situated in the City of Renton, County of King, State of Washington, which property is legally described on Exhibit "A" attached hereto and by reference incorporated herein, and that said property for purposes of this declaration shall be referred to as the "Starkovich Property". 2. That the Declarants have entered into a contract to sell with PDSK Properties, Inc. and that, at the time of closing of said sale, said property will be taken in the name of 95 Burnett, L.L.C., a Washington limited liability company. Declaration of Restrictive Covenants gage 1 of 5 L\DATA\D�BHD M\KRAKOW\95 Burnett,LLC,Declaration of Restrictive Covenant for Statkovic • • 3. That said 95 Burnett, L.L.C. is acquiring the Starkovich Property for the purpose of constructing a 118 unit condominium complex with respect to said property, subject to such plans and specifications as shall be approved by the City of Renton and other appropriate regulatory agencies. 4. That in order to comply with certain ordinances of the City of Renton in connection with the permitting process of said condominium development, the Declarants have agreed to restrict the use of the Starkovich Property according to the terms and provisions of this declaration. Now,therefore,for good and valuable consideration, the Declarants do hereby declare and state as follows: A. That the Starkovich Property described in Exhibit "A" attached hereto shall be restricted for development and construction purposes to that of constructing a 118 unit condominium development in accordance with the Washington Condominium Act. That this restriction shall run with the property and shall bind the Declarants, their heirs, successors and assigns, unless said restriction is terminated by written instrument executed by the then owner of the property and consented to by the City of Renton in accordance with the terms and provisions of this declaration. B. That this restriction shall bind with and shall run the land and also shall be binding upon the parties hereto, their heirs, successors and assigns. ces C. That in the event for any reason the Declarants shall not sell and convey the property described in Exhibit"A"to PDSK Properties,Inc. and/or 95 Burnett, L.L.C.,then the Declarants can request that the City of Renton consent to the execution of an c=$, instrument revoking and removing this restriction from the property and upon r-- receiving such application, the City of Renton shall execute such termination of restriction which shall be necessary in order to remove this restriction from the property described in Exhibit "A" attached hereto (Starkovich Property). ry D. That the terms and provisions set forth herein are binding upon the parties hereto, their heirs, successors and assigns. Starkovich Revocable Trust U/A/D ., YBeverly B : Stark v. Beverly Starkovich Declaration of Restrictive Covenants I.\DATA\D\BHD\M\KRAKOW\95 Bumea ric LLC of Restoce Cm cunt for Storko%ichpage 2 of 5 • l • PDSK By:_ �uL kR'• Q.c), President 95 Burnett, L.L.; . 1116, By: �If ?A u L ' Koh, Manager City of on °''� By: C7gfrousitAA _ Its: or STATE OF WASHINGTON ) l § COUNTY OFA I N•1 G ) I.Watson,(Sty Oak On this day personally appeared before me Beverly Starkovich, individually and for the Starkovich Revocable Trust U/A/D,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under. d and official seal this g.8.117f day of March, 2002. ‘`‘ 4.4_,11,..tky3v 104,6_4 01'•`r\y �'cc:0 ‘▪ AoTARy 1 Printed Name: o `k" H ° 1=3 : — co; NOTARY PUBLIC in and for the State of • PUBLIC s % Washington,residing at \+0w q'�• 1 s-0.�� My commission expires: i/— )9-09- - 9--o9-- STATE OF WASHINGW ) -`v )§ COUNTY OF PIERCEPt- ) On this cRO day of March, 2002, before me,the undersigned, a Notary Public in and the State of Washington, duly commissioned and sworn, personally appeared t4uL KRAKotc�\\,to me known to be the President of PDSK Properties, Inc.,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Declaration of Restrictive Covenants pa e 3 of 5 I IDATA\D\BHD\MKRAKOW\95 Burnett,LLC Declaration of Restricucc Covenant for Starkovich g WITNESS my hand and official seal hereto affixed the day and year first above written. ik>� - ..,. ^- ... III. em.... II,_.. 4 Notary Public 7 ID14PI/N - .f• 0 ti V` State of Washington Printed Name: 1,,_,,c.,. ", , i ,i1_,,, - 4 DAPHNE S.YOUNG NOTARY PUBLIC i and for the Sta - of / My Appointment Expires Feb. 1,2006 /� �� Washington,residing at / ,. �%"Nr— My commission expires: i/j)0 STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) n ii- On this c•--- X day of March, 2002, before me, the undersigned, a Notary Public in and theto of Washington, duly commissioned and sworn, personally appeared �(,t L K,Q,Q/k01, "to me known to be the Manager of 95 Burnett, L.L.C., the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS m hand and official seal hereto . ' -d the da and ye first above written. Notary Public r) %.-.. . , .., State of Washington 9 Printed Nam -)RSA/;f a_ Ala DAPHNE S.YOUNG My Appointment Expires Feb. 1,2006 0 NOTARY PUBLIC in and for the tate of •,,, • .. Washington,residing at /�C'. /h � A c` My commission expires: a///66, STATE OF WASHINGTON ) czx )§ up COUNTY OF PIKE ) war` ' c On this 19th day of-April,2002, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared c.-..1 . Jesse Tanner , to me known to be the Mayor of the City of Renton, and •CSI acknowledged the said instrument to be the free and voluntary act and deed of said City of Renton, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WIT.L SmnXkrid and official seal hereto affixed the day and4year first above written. &c.-i(41?..11341 gdtMAR), ; Printt Name: Suzann D. Lombard NOTARY PUBLIC in and for the State of l41 Washington,residing at Seattle �1 My commission expires: 9/9/05 f:' ,:3 r Declaration of Restrictive Covenants 11DATA\MBHDWKRAKOWN95 Burnett,LLC\Declaration of Restrictive Covenant for SladcovichPage 4 of 5 1 Exhibit "A" Starkovich Property PARCEL A: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE NORTHERN PACIFIC RAILROAD RIGHT OF WAY WHICH POINT IS WEST 169.5 FEET AND NORTH 283.5 FEET FROM THE NORTHWEST CORNER OF LOT 1, BLOCK 24, TOWN OF RENTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON THENCE RUNNING NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE 216.5 FEET; THENCE AT RIGHT ANGLES EASTERLY 109.5 FEET TO A POINT IN THE WESTERLY LINE OF BURNETT STREET, EXTENDED; THENCE SOUTHERLY ALONG SAID WESTERLY LIKE OF BURNETT STREET EXTENDED 216.5 FEET; THENCE WESTERLY 109.5 FEET TO THE POINT OF BEGINNING,ALL OF WHICH LIES BETWEEN THE RIGHT OF WAY OF THE NORTHERN PACIFIC RAILROAD AND THE WESTERLY LINE OF BURNETT STREET EXTENDED AND IS PART OF THE ORIGINAL HENRY H. TOBIN DONATION LAND CLAIM NO. 37, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. PARCEL B: THE NORTH 62 FEET OF THE FOLLOWING DESCRIBED PROPERTY: 1 THAT PORTION OF THE HENRY H. TOBIN DONATION LAND CLAIM NO. 37, BEING PARTS OF SECTIONS 17, 18 AND 20 IN TOWNSHIP 23 NORTH, RANGE 5 EAST, ca WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET WEST OF THE NORTHWEST CORNER OF BLOCK 24, TOWN OF RENTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON; THENCE SOUTH 16.5 FEET; THENCE WEST 109.5 FEET TO THE NORTHERN PACIFIC RAILWAY RIGHT OF WAY; THENCE NORTH ALONG THE EAST LINE OF SAID RIGHT OF WAY LINE 300 FEET; THENCE EAST 109.5 FEET; THENCE SOUTH 283.5 FEET TO THE TRUE POINT OF BEGINNING. Declaration of Restrictive Covenants I\DATA\D\BHD\M\KRAKOW\95 Burnett.LLC\Declardtion of Restrictive Covenant for Starleovichpage 5 of 5