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HomeMy WebLinkAboutRC 9607180097 f h. J t , t WHEN RECORDED RETURN TO: Project: Oakesdale Reservation • ~ Office of the City Clerk Work Order# Renton Municipal Building ,,.0 200 Mill Avenue South DECLARATION OF PID: 334040-5300 cn -.J ;Renton,WA 98055 RESTRICTIVE COVENANT Grantor: BenaroyaCO STR: 24-23-4 47 Street Intersection: SW 16th St& ^' Oakesdale Ave SW; I G The undersigned, Benaroya Capital Company, L.L.C., a Washington limited liability company (the "Declarant"), is the owner of the real property described in Exhibit A attached hereto and by this reference incorporated herein (the "Property"). The City of Renton (the "City") has requested that S Declarant not construct any buildings upon the portion of the Property described in said Exhibit A attached hereto and by this reference incorporated herein(the"Reserved Property")for a period of ten MIMI (10) years from the date of the recording of this Declaration because of the possible future sale of the y Reserved Property to the City for roadway purposes. ,, r.f I NOW THEREFORE; Declarant hereby establ-ishes,..grants,and,imposes,, in favor of the City, the ...-, following restrictions and covenants running with the Property, subject to the terms and conditions set cr)O forth below with respect to the use of the Reserved Property by the undersigned, its successors, heirs 0 and assigns: — H1. Declarant hereby agrees for the benefit of the City that Declarant shall not construct any 6. permanent buildings within the Reserved Property for a period of ten(10)years from the date © this Declaration is recorded with the King County Division of Records and Elections. 0) 2. Notwithstanding the restriction contained in paragraph 1 above, Declarant shall have the full right to use the Reserved Property, including, but not limited to, the right to install parking and-landscaping-on the-Reserved Property-for the-use and benefit of the remainder of the Property. 3. At any time during the period commencing on the date of the recording of this Declaration and ending on the date ten (10) years after the date of the recording of this Declaration, Declarant hereby agrees to sell the Reserved Property to the City for the fair market value of the Reserved Property, without giving consideration to any improvements placed on the Reserved Property by Declarant, including, but not limited to, any parking or landscaping placed thereon. 4.- The covenants contained herein shall run with the Property and shall expire on the date which •• 'is teri'(10)•Years•fibril the—date of the recording•of this.Declaration ,with the King County Division of Records and Elections. Any violation or breach of the covenants contained herein may be enforced by proper legal procedures in the Superior Court of King County by the City. IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and year set forth in the notarial acknowledgment set forth below. A1i'"O3 3:M1 . SH03.LOd L-- ''= 3(111003H . O :;0.(. !1 !"' .:`!' A9 BENAROYA CAPITAL COMPANY, L.L.C. a W on limited liability company fin Rd 8S ZI LI TT By 4. AVG ' ,:enaroya, Manage AVG SIH1 G3AM3O311. L ! L` • I •« 4 •1 . _i . t 1 Project: Oakesdale Reservation • Work Order# PID: 334040-5300 Grantor: Benaroya STR: 24-23-4 Street Intersection: SW 16th St& Oakesdale Ave SW. STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Larry R. Benaroya signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Manager of BENAROYA CAPITAL COMPANY, L.L.C. to be the free and,voluntary act of such party/parties for the uses and purposes mentioned in thhg instrument. Dated'c je f It,(-" Notary Public in a►d for the St of Washington r di apt - . " •"" "- rf. Notary(print): vwI e r S -0 �`r°' •_‘ My appointment expires: e: ' No - o�a • V I -:^7 ice- 1,4 s ' o ,,�r.• t3 • 1.4 a H:DOCS:96-344:SW:ps Declaration of Restrictive Covenant Page 2 of 4 r J 1 • Project: Oakesdale Reservation • EXHIBIT A Work Order# LEGAL DESCRIPTION PID: 334040-5300 Grantor: Benaroya • STR: 24-23-4 • Street Intersection: SW 16th St& Oakesdale Ave SW That portion of the below described Tract X in the northeast quarter of the southeast quarter of Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said Tract X; Thence N 89 26'29"E a distance of 71.72 feet along the north line of said Tract X to the True Point of Beginning; Thence continuing N 89 26'29"E along the north line of said Tract X, a distance of 94.50 feet; 0? Thence S 00°32'04"E a distance of 341.92 feet; C:) Thence N 31°05'11" W a distance of 17.09 feet; Thence N 30°41'07" W a distance of 67.33 feet; Thence N 33°33'14"W a distance of 42.30 feet; Thence N 24°46'34"W a distance of 55.48 feet; Thence N 18°09'37"W a distance of 50.76 feet; Thence N 03°22'42"E a distance of 134.83 feet to the True Point of Beginning; Tract X: All of vacated Blocks 32, 33, and 34 of C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Div. 1, according to the plat thereof, recorded in Volume 17 of Plats, page(s) 74, in King County, Washington; together with vacated Kenny Avenue (82nd Avenue South)and vacated Evans Avenue(83rd Avenue South)adjoining. H:DOCS:96-344:SW:ps Declaration of Restrictive Covenant Page 3 of 4 Project: Oakesdale Reservation • EXHIBIT A CONTINUED Work Order# , MAP EXHIBIT PID: 334040-5300 • , Grantor: Benaroya • STR: 24-23-4 , Street Intersection: SW 16th St& Oakesdale Ave SW Northwest Corner ofTractX \ 7 2 1 9 DIA3 OLine# Bearing Dist.(ft) 0 1 N 89 26'29"E 71.72 \\7 Cr 2 N 89 26'29"E 94.50 3 S 00°32'04"E 341.92 r- 4 N 31°05'11"W 17.090 5 N 30°41'07"W 67.33 `D6 N 33°33'14"W 42.30 7 N 24°46'34"W 55.48 8 N 18°09'37"W 50.76 9 N 03°22'42"E 134.83 0 1"=100' 100 111111 all ( IN FEET ) nu- U.X650 S174W.6r r H:DOC;S:�6-344:SW:ps Declaration of Restrictive Covenant Page 4 of 4