No preview available
HomeMy WebLinkAboutRC 20000111001494 • 5 J 11111111111111111111 20000111001494- PAGE 01 01/11//2000F14:35 TRANSNATION TI COVKING COUNTY, WA 18.00 Return Address: WHEN RECORDED RETURN TO: Office of the City Clerk Renton City Hall 1055 South Grady Way Renton,WA 90066 Document Title(s) (or transactions contained therein): 866 ala J a(ow3//s 839 q-� /1 Declaration of Restrictive covenants L(�t t �qv 7/8 © Reference Number(s) of Documents amended: 0 (on page of document(s)) 0 0 Grantor(s): 1. Safeway Inc. Grantee(s): RECORD A) ME iEQOF TRANSNFORATION TITLE IFNSURANCEUESICO 1. Public FILED Legal description (abbreviated): Ptn Gvmnt Lots 9 & 10, Ptn Tracts 12, 13 & 14 of Renton Shorelands, Second Sup Maps Adjacent to said Gvmnt Lots 9 & 10, Ptn Vacated Lake Avenue per City of Renton Ordinance No. 4971, all situate in Sec. 18, TWP 23 N, Rg 5 E,W.M. Assessor's Property Tax Parcel/Account No.: 182305-9071, 000720-0119, 00720-0211, 00720-0212, 000720-0004 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 WHEN RECORDED RETURN TO: Declaration of Restrictive Covenants WHEREAS, Safeway Inc. ("Covenantor"), a Delaware corporation, is the owner e in the Cityof Renton, Countyof Kin State of Washington, of the real property g, gt , described in Exhibit A attached hereto ("Lot 2") and the adjacent real property in the City of Renton, County of King, State of Washington, described in Exhibit B attached hereto (the "Store Property"). WHEREAS, parking provided on Lot 2 is necessary to meet code requirements for the improvements to be constructed on the Store Property. WHEREAS, the owner of said described property desires to impose the following restrictive covenants running with the land. NOW, THEREFORE, the aforesaid owner hereby establishes, grants and imposes restrictions and covenants running with the land hereinabove described, as follows: c, RESTRICTIVE COVENANT 1. Covenantor covenants and agrees that fee ownership of Lot 2 shall never be conveyed separately from fee ownership of the Store Property, except as expressly o provided herein. cp 2. In the event that Lot 2 is no longer necessary to meet the code parking requirements of the use being made on the Store Property, this Restrictive Covenant shall be of no further force or effect, or appropriately amended. This may occur, among other things, in any of the following circumstances: (a) code parking requirements change; (b) the Store Property has available to it sufficient parking to meet code (which may be accomplished by a lot line adjustment changing the Store Property); or (c) the use or improvements on the Store Property changes necessitating lesser parking pursuant to the City Code. In such event, the City of Renton shall execute such release or other documents appropriate to release the Covenant from the public records or amend the same to release from this Covenant that portion of the land no longer required under City Code for parking. 3. Covenantor covenants and agrees that fee ownership of any of the various parcesl comprising the Store Property shall never be conveyed separately without benefit of short plat or subdivision(other than by a space lease). 0489rcx3(06/30/99) 1 4. Any violation or breach of this Restrictive Covenant may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining the subject property who are adversely affected by said breach. SAFEWAY INC., a Delaware corporation By: Its Assi Cant ice-Pre ' t By: Its Aistant Secretary O c-- O ca O CV 0489rcx3(06/30/99) 2 • ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF ALAMEDA ) On October 25, 1999, before me, Sylvia Burnett, Notary Public, personally appeared Sharman Braff and Jerome P. Harrison personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ;'A $Y�.VIA BURNE1T �'®MNI #1122050 O NOfARV PUBLICCALIFORNIA '..,', OOUNIV OF ALAMEDA (Seal) M C 10ExpisJon.15.2001 Signature 0 0 • DESCRIPTION TAX PARCEL NO. 000720-0119 THAT PORTION OF THE HENRY H. TOBIN DONATION CLAIM NO. 37, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE NORTHWEST CORNER OF SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY; THENCE SOUTH 89°47 '00" WEST 88 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°47 ' 00" WEST 112 FEET, TO A POINT HEREIN AFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 89°47 ' 00" WEST 100 FEET; THENCE NORTH 00°13 '00" WEST 461.75 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF CITY OF SEATTLE CEDAR RIVER PIPE LINE; THENCE SOUTHEASTERLY ALONG SAID PIPE LINE TO A POINT NORTH 00°13 '00" WEST FROM POINT "A" ; THENCE SOUTH 00°13 ' 00" EAST 200 FEET TO A POINT NORTH 00°13 ' 00" A" n ; WEST 254.81 FEET FROM POINT , THENCE SOUTH 73°51' 15" EAST 208.44 FEET; THENCE SOUTH 00°13 '00" EAST 76.09 FEET, TO A POINT NORTH 00°13 '00" WEST 120 FEET FROM SAID NORTHWEST PLAT CORNER; THENCE SOUTH 89°47 '00" WEST 88 FEET TO A POINT NORTH 00°13 '00" WEST FROM THE TRUE POINT OF BEGINNING; a, THENCE SOUTH 00°13 '00" EAST 120 FEET TO THE TRUE POINT OF - BEGINNING; CD CD EXCEPT ANY PORTION THEREOF LYING EASTERLY OF THE WESTERLY MARGIN • OF SHATTUCK AVENUE (SHATTUCK STREET) ; - SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF CD WASHINGTON. 0 0 0 EXHIBIT "B" SAFEWAY PROPERTY DESCRIPTION TAX PARCEL NO. 000720-0211 THAT PORTION OF THE H.H. TOBIN DONATION CLAIM 37, IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. , DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVENUE (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH 3RD STREET (FORMERLY 3RD AVENUE) ; THENCE NORTH 88°40'50" WEST ALONG SAID NORTH MARGIN 300. 00 FEET; THENCE NORTH 01°19 ' 10" EAST 250.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°40'50" WEST 218.36 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30 FEET EASTERLY FROM (WHEN MEASURED AT RIGHT ANGLE TO) THE WEST LINE OF TRACT 14, RENTON SHORELANDS, SECOND SUPPLEMENTAL MAPS; THENCE NORTH 12°22 '06" EAST ALONG SAID PARALLEL LINE 216. 17 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT-OF- WAY; THENCE SOUTH 88°22 '20" EAST ALONG SAID SOUTH MARGIN 176.94 FEET TO A POINT WHICH BEARS NORTH 01°19 '10" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 01°19 ' 10" WEST 211.21 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING EASTERLY OF A LINE DESCRIBED rn. AS: o BEGINNING AT A POINT SOUTH 89°47 '00" WEST 300.00 FEET FROM THE o NORTHWEST CORNER OF SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 33, - RECORDS OF KING COUNTY; THENCE NORTH 00°13 '00" WEST TO THE SOUTHERLY LINE OF THE CITY OF CD SEATTLE CEDAR RIVER PIPE LINE, AND THE TERMINUS OF SAID LINE; 0 C SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT "B" SAFEWAY PROPERTY • DESCRIPTION TAX PARCEL NO. 000720-0212 THAT PORTION OF THE H.H. TOBIN CLAIM NO. 37, AND THAT PORTION OF TRACT 14 OF RENTON SHORELANDS, SECOND SUPPLEMENTAL MAPS, ALL SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. , DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVENUE SOUTH (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH THIRD STREET (FORMERLY THIRD AVE. ) ; THE SAME BEING THE NORTHWEST CORNER OF SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY; THENCE NORTH 88°40'50" WEST ALONG SAID NORTH MARGIN, 537.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°19 '10" EAST, 140.00 FEET; THENCE NORTH 88°40'50" WEST, 40.00 FEET; THENCE SOUTH O1°19 '10" WEST 140.00 FEET TO SAID NORTH MARGIN; THENCE SOUTH 88°40'50" EAST ALONG SAID NORTH MARGIN 40.00 FEET TO THE TRUE POINT OF BEGINNING. 0 0 r-- 0 o cD cm EXHIBIT "B" SAFEWAY PROPERTY • DESCRIPTION TAX PARCEL 000720-0004 THAT PORTION OF THE H.H. TOBIN CLAIM NO. 37, AND THAT PORTION OF TRACT 14 OF RENTON SHORELANDS, SECOND SUPPLEMENTAL MAPS, ALL SITUATED IN SECTION 18 , TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. , DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVENUE SOUTH (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH THIRD STREET (FORMERLY THIRD AVE. ) ; THE SAME BEING THE NORTHWEST CORNER OF SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY; THENCE NORTH 88°40 '50" WEST ALONG SAID NORTH MARGIN, 300.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°19 ' 10" EAST, 250 .00 FEET; THENCE NORTH 88°40 ' 50" WEST, 219 . 46 FEET TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 30 FEET EASTERLY FROM (WHEN MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF TRACT 14 OF SAID RENTON SHORELANDS; THENCE NORTH rn 12°20 '05" EAST ALONG SAID PARALLEL LINE 216.34 FEET TO THE SOUTH -1- MARGIN OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE RIGHT-OF-WAY; THENCE NORTH 88°19 ' 25" WEST ALONG SAID MARGIN 30. 53 FEET TO THE c' WEST LINE OF SAID TRACT 14; THENCE SOUTH 12°20 ' 05" WEST ALONG SAID WEST LINE 245.74 FEET TO THE POINT OF CURVE; THENCE ALONG SAID CURVE TO THE RIGHT WITH A RADIUS OF 254. 69 FEET FOR A DISTANCE OF 87 .46 FEET TO A POINT FROM WHICH THE CENTER BEARS c' NORTH 57°59 '28" WEST; THENCE SOUTH 88°40 ' 50" EAST 8 .98 FEET; o THENCE SOUTH 01°19 ' 10" WEST 140.00 FEET TO A POINT ON THE NORTH cD MARGIN OF SOUTH THIRD STREET; THENCE SOUTH 88°40 ' 50" EAST 277.50 an FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, IF ANY, LYING EASTERLY OF A LINE DESCRIBED AS: BEGINNING AT A POINT SOUTH 89°47 ' 00" WEST 300. 00 FEET FROM THE NORTHWEST CORNER OF SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 33 , RECORDS OF KING COUNTY; THENCE NORTH 00°13 ' 00" WEST TO THE SOUTHERLY LINE OF THE CITY OF SEATTLE CEDAR RIVER PIPE LINE, AND THE TERMINUS OF SAID LINE; A • ALSO EXCEPT THAT PORTION OF THE H.H. TOBIN CLAIM NO. 37, AND THAT PORTIONS, ALL F SITUATED IN SECTION RENTONCT 14 OF 18 S TOWNSHIP S, SECOND 23 NORTH, SUPPLEMENTAL MAPS, W.M. , DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVENUE SOUTH (FORMERLY SHATTUCK STREET) AND THE NORTH MARGIN OF SOUTH THIRD STREET (FORMERLY THIRD AVE. ) ; THE SAME BEING THE NORTHWEST CORNER OF SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 33 , RECORDS OF KING COUNTY; THENCE NORTH 88°40 '50" WEST ALONG SAID NORTH MARGIN, 537 .61 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01°19 ' 10" EAST, 140.00 FEET; THENCE NORTH 88°40'50" WEST, 40. 00 FEET; THENCE SOUTH 01°19 ' 10" WEST 140.00 FEET TO SAID NORTH MARGIN; THENCE SOUTH 88°40'50" EAST ALONG SAID NORTH MARGIN 40.00 FEET TO an THE TRUE POINT OF BEGINNING. C--; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH PER CITY o OF RENTON ORDINANCE NO. 4640 RECORDED UNDER KING COUNTY RECORDING NO. 9611150135; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF o WASHINGTON. 0 0 0 cr EXHIBIT "B" SAFEWAY PROPERTY