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Home My WebLink AboutRC 8301180883 . . : , . . ,,- _ ::;� .s� �oj . � - _ , `, •�i��zard R. �ti'ilsan � .... 1 = ._: �i_ , r�:�,,;:{ �� ' „ �r==�i..,�:� • - • . I r 403 Calum�ia �t_eet ._.. - . ,- Seattle, Wa�hington 98104 '-'��±'�^� xt " " DECLARATION OF C4VENANTS , r THIS DECLARATION OF COVENANTS , made and entered into by �« "�7C�EMfi�R the parties hereafter set farth �his �.-� day of �iave�uia�, t'�? 19 8 2. m p W I T N E S S E T H: t� GD � WHEREAS, the undersigned is the.owner of that certain � � reai property located in the City af Renton, King County , t�'ashingtan, known as the Gateway Planned Unit Develapment, and legally described on Exhibit A, attached hereto and by , this reference incorparated herein as if fully se� forth ' (the "Subject Property" herein} ; and ' G�HEREAS, as a condition of apgroval of the Gateway ' Plann�d Unit Developmen� (City of Rentc�r. File Na . FPUD-054- 82} , the Czty Hearing Examiner has required the executian of a Declaration of Covenants disclosing the eosts associated � with certain intersection impravements far Davis Avenue �� Sauth (farmerly known as Talbot Place) and S .SV. 43rd 5treet, and far Talbat Road Sauth and Sauth 45�.h Place , all; ir. the I City of Renton; and WHEREAS, a Declaration of Covenants and Conditions I affectin the Sub 'ect Pro ert was executed by previous � � P Y j owners of the �ubject Propearty and filed for recording under II King County Recoxding No . �Z.�j(Zdi{'�,Id on �Rt�Vi4R,y' 12�tq'S�Z�, 1981, pravida.ng in part as follows : � The owners of the premises at the tir.�e of �.he installation of any �raffic control device or I lane configuratian necessary at the intersection � of Talbot Place and S .W. 43rd Street shall pay all costs of said i.nstallation. The owner� of the premises at the time of the installation of any �raffic can�ral device or lane modifications ar roadway expansian necessary at the zntersectian of access raads to the subject . ^,r�R�1`� � -1- �tr� . ��'� '"' 3 4 �`- ��:� �, . p L�•;1':.�,il'�� T, - V}:lt�,; ., � progerties from Talbot Road South shall pay all ' casts of said installation, modification, or . expansion. � � and t i WHEREAS, the improvements to the intersectian of Davis i Avenue South and S.W. 43rd Street may be installed pursuant i �, to a local improvement district, bu� until such a lacal C'',� � improvement district is farmed, the undersigned owners af � q�j the Gateway Planned Unit Develapment remain obiigated far � r�i �, 'r'� payment of the casts of such irnprovements ; �� C� �7 tTJ N�W, THEREFQRE, the undersigned owner of the Subject Property hereby declares tha� the Subject Praperty shall be I held, sold, and canveyed subject to the fallowing covenants , i � which axe intended to be and shall constitute covenants �i� running with the land and shall inure to the benefit af the � i City of Renton and to the burden of the Subject Property and ! shall be binding upan the heirs, successars , and assigns af . the owners af the Subject Property : l. The owners �f the Subject Property, including ' owners of any condaminiwcn units which may in the future be � created, shall be responsible for payment to the Ci'ty of Renton ar such other governrnental entity with jurisdiction, of the cast of the install.ation of any traffic control device or lane configurat�on necessary at the intersection ' of Davis Avenue South and S .G�. 43rd Street in the City of �� i Renton, t,lashington; provided, however, that if a local I improvement district (LID) is farmed in the City af Renton � far the installation of any traffic control device or �ane I configuratian necessary at the foregoing interse::tian, and �i � such LID includes the Subject Property wit!-.in its boundaries , ii then in that event the obligation af the at.�ners af the , Subject Praperty under this Parar,raph 1 shall be null and �� i i _2_ �i � � � � I I II � � • � ~ • � � r • � ' void and o� no further force and effec�, and the awner of I . the Subject Property shall in that event be responsible only Ij ' for its proporti+�nate share of the cost of such improvements , �� as such share is assessed against the Subject Praperty pursuant to such LID assessment roll; and pravided further, � that if a written agreement is entered inta between the owners Cd I � of the Subject Property and the owners of other property in I � I 'r"'i the vicinity, and if such an agreemerit is filed far recording � r-� c� with the King County Department af Records and Elec�.ions , I C� and if such agreeMent provides that the ownexs of the Subject Property shall be responsible for either none or a proportionate i share of the tatal cost of the foregaing improvernents , and I I that such ather owners shall be respansible for the remainder j af the total casts , then in tho�e events such agreement shall � supersede the ob3igations o� �he owners of the Subjec� Property II under this paragraph. If no such LID is formed and if no � I such agreement is entered inta , and the awner of the Subject I I Property a.s therefare responsible for the �otal cost af the j � iristallation af �he faregoing improvements , such total cost t is estimated ta be in the approximate arxount of Fifty Thousand and naf10Q Dollars ($50, 000 . 00) . 2 . The awners of the Subject Property shall be I responsible for payment to the City of Renton ar such other j i governmental entity with jurisdiction of the cast of the j ins�allation of any traffic control device or lar�e modifica- tians or roadway expansion necessary at the intersection of Talbot Road Sauth and South 45th Place; pravided, hawever tha� if a written agreement is entered inta between the owners Qf the Subject Property and other owners af praperty in the vicinity, and if such agreement is filed for recardir�g with �.he King Coun�.y Department of Records and Electians, -3- . , • . � • � . I ' and if such agreement provides that the owners of the Subject . Praperty shall be responsible for either none or a propor- ' tionate share af the total cost of the foregoing improvements , and that such other owners shall be responsible for the remainder af said total cost, then in those events such agreement shall supersede the obligations of the awners of I the Subject Property under this paragraph. If no such pagreement is entered a.nto and record�d, and if the owners of m �p the Subject Praperty are therefore responsible for the total !,�„� cast of the foregoing improvements , said im�rovements are O � estimated to be in the appraximate amount of Twenty Five � Thousand and no/100 Dollars ($25 , 000 . 00) . ' �ATED the day and year fifrst ove writ en�-� r owNE' . �/ t'1�'l��"r s ` 1 '� � � c'-�- ��-�-v�s l�Y.-��-�,..s. � _ � r I I I I -�- � - -+------�--- --- - --- ._ ' , . j � ; � � ' ' STATE CYF WASHZNGTON } ' ) s.s . , CUCII�TY OF KING ) ' On this day personally appeared before me ��mr9n1 M� �t�'B� � , ta me known ta be the individual {s) des ribed in and wha sxecuted the within and faregoirag instrument, , and acknowledged � signed the same as-j�,�� free , and voluntary act aJ�d, for the uses and purposes �.herein mentioned. GIVEN under my hand and official seal th5.s 2.`� day of �C,T��..- . 19 8 2 . ' c� - C� ` ' � � _ I O , �.� , , I Gi� ND ARY P BLZC in nd for the ..•� � - . ''"'i S�t te of Washington, residing .`�' � � , p a t �!i=�,3T-- . ' . . I C„� . � , . STATE OF WASHINGTON ) } ss . ' II CUUNTY �F KING } C?n this day personally appeared before me �L��n�p�� . ��,�.,�.,r� , to rne known to be the inda.vidual {s} described in and t•T?�o executed the wi�.hin and foregoing instrumenL- , � and acknowledged �}r signed the same as � jS free � and valuntary act and deed, for the uses and purpases therein � mentic�ned. . GIVEN under my hand and official �eal this Z�j day of �=r�a-��n , 2982 . CS� . y0 ARY P LIC xn n for the ,� . S ate of ��'ashington, lresiding . . a t l�t^��...T"� • '. '~ � '~�. -5- . . . u � * ' � ! , .e - . ' � ` , " r t+ ; s "c__-m. PARCEL A � That partion of the south ha�7f o£ the sauth half of the s�uth half af the northeast quarter of Section 31 , Tawnship V � 23 Narth , Range 5 F,ast , W.M. , in Kinr� County, Washinqton, Qy lying west af County Roac3 Na. 80 , �ometimes known as � � Kent-Renton Road; � � £XCEPT portion thereof conveyeci to the State of T4'ashinqton � � for Pr.i.mary State Highway No. S be deed recarr3ed unr3er � O Recording Numher 5295� 53. C"� � � PARCEL B I The north half of the north half of the narthwest ctuarter o£ , the southeast quarter, Sectxon 31 , Township 23 tJar�.h , Ranqe S East , W, M . , in Kinq County, t,'ashinc�ton, lyinq west of Kent-Renton Road ; E�C EPT the east 3�0 feet af the north half, of the north half � of the north half of the northwest quarter af the southeast quarter; EXCEPT that portion thereof conveve� to the State �f. � washington far Pri�rary State Hiqhway Nc�mber 5 by dee� , I � record ed unc�er Recor�inq Number 5283262. ' t EXHZBIT "A,� ' I�� 1