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HomeMy WebLinkAboutRC 8102230354 � � f • ,�'. � � +� � r DECLARATION OF RESTRICTIVE COVENANTS EREAS h I WA KEE LAND COMPANY "Milwaukee" a Washin - WH , t e M L U ( ) , g ton corporation, is the owner of the following real property (the "Property") in the City of Renton, County of King, State of Washington: PARCEL A: �, That portion of Government Lots 13 and 14 in Section � 18 , Township 23 North, Range 5 East, W.M. , in King � County, Washington, AND of Tract 3, Supplemental Map of � Renton Shore Lands on file in the office of the Commis- � sioner of Public Lands at Olympia, Washington, AND of O vacated Maple Street (formerly Rainier Boulevard) as shown on the Plat of Earlington, as per plat recorded � in Volume 14 of Plats on page 7 , records of King County, Washington, described as follows : Beginning at the intersection of the East margin of said Map1e Street, as now established, with the No�th boundary of the Pacific Coast Railroad Company' s right- of-way; Thence North 17°19 ' 44" East along said East margin 231. 10 feet to the true point of beginning; thence North 77°18 ' 45" East 820. 14 feet to �he East line of said Tract 3; thence Southeasterly along said east .Iine 293.54 feet to the North boundary of said railway right-of-way; thence Westerly along said right-of-way line 9I.7 . 22 feet to the production Southerly of the Easterly line of Lot 1 in Block 16, in said Plat of Earlington; thence North 24°14 ' 48" West along said production and along said East line and along the Northerly production of said East line 153.26 feet to said East line of Maple Street, as now established; thence North 17°19 ' 44" East 90. 31 feet to the true point of beginning; ALSO that portion of said Government Lot 14 AND of said Tract 3, lying Northerly of the above-described parcel, lying Easterly of said East margin of Maple Street and lying Southerly of a line extending due East from the �_��: Southeast corner of Lot 28 in Block 10, said Plat of -, �-'�::` Earlington; :k: s;�;,-. �•� tµ��•�;� �� ��' '� NOTE: The bearings hereon refer to the meridian of the `'�' !''�� Lambert Plane Projection for the State of Washington, �:_ —rt���; North Zone and are equated 1°26 ' 15" clockwise to the bearings used in the description of the property conveyed . � {��� to Robert L. Edwards by deed recorded under Auditor' s � ��� File No. 5726111. ,}. , . �,:. +~�1 „' r. -1- • , � , Situate in King County, Washington. WFiEREAS, CHG INTERNATIONAL, INC. ("CHG") , a Washington corpor- ation has contracted to purchase the Property from Milwaukee, and has assigned all of its right, title and interest in and to such contract to CF/CHG ASSOCIATES, a Washington joint venture consisting of CHG and CADILLAC FAIRVIEH�/vTASHINGTON, INC. , a Washington corporation; � WHEREAS, at the direction of the CITY OF REDITON, P�ilwaukee, � on July 17 , 1978 , imposed certain restrictive covenants � running with the Property, and with certain other property; O � WHEREAS, the parties desire to substitute for the July 17 , t'V (y 1978 covenants, new restrictive covenants running with the 0 Property and governing its use, present and future; and � WHEREAS, the parties have by instrument recorded simultaneously with this Declaration, withdrawn the July 17 , 1978 covenants and declared them to be void and of no further effect; NOW, THEREFORE, the parties hereby establish, grant and impose restrictions and covenants running with the Property as to the use of said Property by the undersigned, their suc- cessors and assigns as follows: Permitted Uses Permitted uses of the Property shall be limited to the uses allowed in the B-1 Business District of Section 4-711, Title IV, Ordinance No. 1628 , Code of General Ordinances, City of Renton, King County, Washington. I Development ' Any and all development of the Property shall be subject to ' approval by the City of Renton and shall comply with all the ' requirements of the Planned Unit Development Ordinance, Chapter 27 , Title IV, Ordinance No. 1628 , Code of General Ordinances, City of Renton, King County, Washington. Building Height, Setbacks and Screening A substantial landscape screening buffer shall be constructed along the westerly boundary of Parcel A which may include the Maple Avenue S.W. right-of-way. Existing Vegetation Until approval of the Preliminary Development Plan for the Property, cutting or clearing of existing vegetation or grading of the Property shall not occur. -2- . �. . • _ � Duration These covenants shall run with the land and expire on approval by the City of Renton of a Final Development Plan for the Property per Chapter 27 , Title IV, Ordinance No. 1628 , Code of General Ordinances, City of Renton, King County, Washington. Parcel A shall revert to S-1 zoning classification if , on or before the date which is one year following the recordation of this Declaration of Restrictive Covenants, the following , public improvements are not constructed or bonded for in , � accordance with the written bonding requirements delivered � to CHG on January 7, 1981 by the Public Works Department of (`� the City of Renton: O � l. Water lines in accordance with plans dated N Februar 4,1981 y y N� Y submitted b CHG to the Cit of Renton; � 2 . Sewer mains in accordance with plans dated Febt^uary 4, 1981 submitted by CHG to the City of Renton; 3 . Traffic improvements in accordance with condition number 3 of the Report and Recommendation to the Renton City Council of the Office of the Land Use Hearing Examiner, dated July 14 , 1980 on PPUD-052-80; 4. Street improvements in accordance with plans dated February 4, 1987 submitted by CHG to the City of Renton; and 5. Storm water retention system in accordance with plans dated February 4, 1981 submitted by CHG to the City of Renton. The above mentioned time limit may be extended for reasonable cause upon written request to and approval by the Planning Department, City of Renton. Enforcement Any violation or breach of these restrictive covenants 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 Property who are adversely affected by said breach. Reasonable attorneys' fees incurred during an enforcement proceeding will be borne by the parties whom the court determines are in error and shall be entered as a judgment in such action. Amendment This Declaration is being executed at the direction of the City of Renton. The covenants and restrictions set forth herein may be modified or amended at any time by a written -3- agreement signed by all of the executing parties. �- DATED this � "` day of , 198` CF/CHG ASSOCIATES, A Washington Joint Venture b„ By: CADILLAC FAIRVIEW/WASHINGTON, INC. , � A shin ton r oration �, C'� — 0 -- ------ M N N O � By: CHG INTERNATIONAL, INC. , A Washington Corporation __._...---- � -------_ - -=----=� —____.__�, - MILWAUKEE LAND COMPANY, A Washington Co poration By: �� ��'`� T �/ �� By: .r".�: 4� �� • . Approved and Accepted this �'Z,Z�I�" day of _���� 1981, by CITY OF RENTON BY: �A�►,�i�J �L� �J�IA�t.M.i]D C�. Its Mayor BY: a. L.. Its Ci ty Clerk -4- + . • . . STATE OF CALIFORNIA ) , )ss. County of ) On this ��day of � , 1981 , before me, the undersigned, a Notary Public in and for the S ate of Califo ni duly co iss'on an sw rn, personally appeared �2t.c.�.(_, cx.�,.c� ,� and to me known to be the t1') -��s���-, respecti vely, of 0 CADILLAC FAIR W/WA HINGTON, IN . , a Washington Corporation, the �.,-� corporation that executed the foregoing instrument, and acknowledged N 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 and that op the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. �.�''-���;�.-.:.,-�:�`,,�'�.��z�'�� � (U ,� Oi r':CIP.L Sli�'�L � P� � ..,,,�� �3E:r�;���� �Ai�tii�Ei�G � °„�._ � ,�;,; ;�, _suc-cauro;���a o ry Public i nd for of �� '�� ' -� � " ' ` 'JV'�'Y California r siding at� ' \q�. ':iv^c,imis�,o� :x;,rr.�rv',ar.2,1984> > t. :'-�`;•._ .,_ . . .__.��'.:.�:.:�•���3.`� STATE OF WASHINGTON ) )ss. COUNTY OF King ) On this ��ay of �� � , 1981 , before me, the undersigned, a Notary Public in an f r the State of Washington, duly commissioned and sworn, personally appeared G���r/�y �, ����"� ! and ��1Q� �,J , Ca �'. �� ,n , to me known to be t e President and Secretary, respectively, of CHG INTERNATIONAL, INC. , a Washington Corporation, 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 and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above° written. ���� , c�--J � Notary Pub ic in and for th State of Washington, residing at �'v �Z..�r STATE OF WASHINGTON ) ) ss. County of K,�i � ) � On this T� day of J"�,� , 1981, before me, the undersigned, a Notary Public i and for the State of Washington, duly commissioned and sworn, personally appeared .�`, 7T �.� and /„�� L �«,.,K}c- � to me known to be the �/; � t � President and �s r, ,; Sec���tary, respectively, of MILWAUKEE � LAND COMPANY, ar W�rrgtc�ir��orporation, the corporation ' L1'� 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, �,NV and on oath stated that they are authorized to execute the Q said instrument and that the seal affixed (if any) is the corporate seal of said corporation. CA WITNESS my hand and official seal hereto affixed the day and year first above w�itte� � _ _ �_. � �.� _�..��.,�,c w ���.,,�-� Notary Public in and for the State � of Washington, residing at � �_,y,.ti�-,r STATE OF WASHINGTON ) ) ss. County of ��Nq ) On this Zp� day of F���� , 1981, before me, the undersigned, a Notary Public�in and for the State of Washington, duly `com�issioned and swor , personally appeared �c'�t-b c Sh��n o and � ��� �� , to me known to be th !1a and � � respectively, of the CITY OF RE TON, a municipal Corp ration, 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 and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. '', �(���C �-yn • �l�� . . FILED FOR THE REQUEST OF Notary Public in and for the State of Washington, residing at R�,"�_. Office of the City Clerk Renton Municipal Bldg. 200 Mill Ave. S. Renton, WA 98055 -6- . �� . . n t,t7 i���.,i.IRD#=�; i Fi�'; ".�F � � �`EB ?.a R� 07 �1' �� • � 3YTt�:_ � .�;�:��: � REC�OftOS � �LECTItI�tS - cz� KING C1���?��'��