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HomeMy WebLinkAboutRC 20020516000477 • C - Ci'tY Clerk's Office, City-©f" - ;'1-035_ s: Grady Way 1111 11111 111 1111 -Renton_-l_ WA, 98055 20020516000477 CITY OF RENTON DPC 13.00 PAGE 001 OF 005 KINGBCOUNTY10WA9 DECLARATION OF RESTRICTIVE COVENANT Grantor: Philip Lande Grantee: The Public Reference Numbers of Documents Assigned or Released: o 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. Complete Legal Description is located on Exhibit"A" of document C' Assessor's Tax Parcel Numbers: 000720007301 0 0 cv This Declaration of Restrictive Covenants is executed this G:22 day of March, 2002, by Philip Lande, hereinafter referred to as "Declarant" according to the terms and conditions set forth herein. Recitals: 1. That the Declarant is the owner 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 qhall be referred to as the "Lamle Property". 2. That the Declarant has 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. 3. That said 95 Burnett, L.L.C. is acquiring the Lande 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. Declaration of Restrictive Covenants page 1 of 5 I.\DATA\D\BHD\MIKRAKOW\95 Burnett.LLCIDeclarntion of Resuicti c Covenant for Lande 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 Declarant has agreed to restrict the use of the Lande Property according to the terms and provisions of this declaration. Now,therefore,for good and valuable consideration,the Declarant does hereby declare and state as follows: A. That the Lande 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 Declarant,his 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. C. That in the event for any reason the Declarant shall not sell and convey the property described in Exhibit"A"to PDSK Properties,Inc. and/or 95 Burnett, L.L.C.,then the Declarant can request that the City of Renton consent to the execution of an C=3 instrument revoking and removing this restriction from the property and upon 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 (Lande Property). D. That the terms and provisions set forth herein are binding upon the parties hereto, their heirs, successors and assigns. 4, §fPhilip Lan , 4c. By: W Tam ,q-Kou) , President Declaration of Restrictive Covenants page 2 of 5 I\DATA\D\BHD\M\ICRAKOW\95 Burrett LLC\Declaration of Rosman c Covenant for Londe • 95 Burnett . • L.C. qik AIL—di 464 411.111 Notary Public By: State of Washington A oce) , Manager DAPHNE S.YOUNG My Appointment Expires Feb. 1,2006 I City of R •n buirowtomreeritriewmtrotrtreiro By: Its: .r STATE OF WASHINGTON ) AOM/W:4- / -) § G� COUNTY OF PIERCE ) Bonnie 1.wawa.CityClerk On this day personally appeared before me Philip Lande, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this Lt day of March, 2002. 41131AAnlid Printed Name: Dkb T, V H NOTARY PUBLIC in and f.pr thetate of Washington,residing at Qa, �e, My commission expires: CLOet STATE OF WASHINGTON ) ir-- )§ crfr COUNTY OF PIERCE ) cOn this A 6 day of March, 2002, before me, the undersigned, a Notary Public in and ry f r the State of Washington, duly commissioned and sworn, personally appeared 4iPq,' ,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. WITNESS my hand and official seal hereto fixed the day and y ar first above written. 4 Notary Public State of Washington 1 Printed NaW NaIt p#A)0 $ 1#/t/o" DAPHNE S.YOUNG NOTARY PUBLIC in and for the State of My Appointment Expires Feb. 1,2006 Washington,residing at�ia ill 4- My commission expires: 02///O(a Declaration of Restrictive Covenants page 3 of 5 I.\DATA\D\BHD\M\KRAKOW\95 Burnett,LLC\Dcclatnlion of Rcstriclivc CON cnant for Lando 1 . STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) On this o day of March, 2002, before me, the undersigned, a Notary Public in and for the State f Washington, duly commissioned and sworn, personally appeared -PAUL 0A-/(06.),, 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 my hand and official seal hereto affixed the day and year first above written. o . . idiakati Notary Public / 1 State of Washington 411 DAPHNE S.YOUNG , , i II My Appointment Expires Feb. 1,2006 Printed N. 4, A -/ -f /aU a NOTARY PUBLIC in and for the State of Washington,residing at —7--4-C.Z i' - My commission expires: e -l//O ca STATE OF WASHINGTON ) "Ci` )§ COUNTY OFE ) cs {:L5.- e v 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 s•v Jesse Tanner , to me known to be the Mayor of the City of Renton, and 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. WITNESS my hand and official seal hereto affixed the day and year first above written. O. a 14ff....0* eg.? -11 S IS ,,,,t . -4Q,,, 0, i .. ,vyvkt-- /D. 1-Trarctof of 4 a °0 . Prided Name: Suzann D. Lombard i e PiA3UG o I NOTARY PUBLIC in and for the State of Washington,residing at Seattle �•° °•°'���20 �"' Mycommission expires: 9/9/05 , ,•rr,>u v',." p Declaration of Restrictive Covenants Page 4 of 5 11DATMDtBHD\MtKRAKOW\95 Burnett.LLODeclaration of Restrictive Coven:mt for Londe Exhibit "A" Lande Property THAT PORTION OF THE DONATION LAND CLAIM OF DIANA B. SMITHERS,FAMILY OF DIANA B. TOBIN, A WIDOW, AND THE HEIRS AT LAW OF HENRY H. TOBIN, DECEASED, DESIGNATED AS CLAIM NO. 37, LOCATED IN PARTS OF SECTIONS 17, 18 AND 20 IN TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60 FEET WEST OF THE NORTHWEST CORNER OF BLOCK 24 OF THE 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 RAILROAD RIGHT OF WAY;THENCE NORTH ALONG THE EAST LINE OF SAID RIGHT OF WAY 300 FEET; THENCE EAST 109.5 FEET;THENCE SOUTH 283.5 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 62 FEET THEREOF. Q iLIMZ cs Q-- tr) CV 0 Declaration of Restrictive Covenants page 5 of 5 I:\DATA\D\BLome HD\M\KRAKOW\95 Burnett,LLC of Restrictive Covenant for Lae