The URL can be used to link to this page

Home My WebLink AboutRC 8404300578 ` ' I ��V� v � _ � . � : D � -� � � APR 2 01984 _J :.= � ; . wA�EN a�K�uo�G I .. . . � �_, � �v ` ' � DECLARATION OF COVENANTS , CONDI'I'IONS , i- �- �� ; RESTRICTIONS , AND RESERVATION OF EASEMENT THIS DECLARATION OF COVENANTS , CONDITIONS , RESTRICTIONS AND F�'E�SEF�VA�ZION OF EASEMENTS (this '°Decl.aration") made as of this �day of , 1984, is by and between JAMES W. DALPAY, a single m n ( Dalpay") , and LEROY A. CROOKSTON and SEt�NIE A. CROOh:STON, husband and wife ("Crookston" , with Dalpay and Crookston being referred to collectively herein as "Applicant") . Dalpay is tiie fee owner of the real property described � on Exhibit 1 hereto (the "Dalpay Fee Property") , and the �. owner of a contract vendee' s interest in the real property � described on Exhibit 2 hereto (the "Dalpay Contract Property" , � with the Dalpay Fee Property and Dalpay Contract Property being � referred to herein collectively as the "Dalpay Property") . � Crookston owns the fee interest in the real property legally �' described on Exhibit 3 hereto (the "Crookston Property" , with pp the Dalpay Property and the Crookston Property being referred to collectively herein as the "Property") . Applicant has requested that the City of Renton ("City") change the zoning classification of the Property to "'B-1" , and the City is willing to grant said change in zoning classi- I fication provided that Applicant imposes on the Property tne conditions , covenants , restrictions and reservation of easements set forth hereinbelow. NOW, THEREFOPE , in consideration of the City' s change of ' the zoning classificatio�l af the Property to "B-1" , Applicant hereby declares the Property subject to the following Covenants , Conditions , Restrictions and Reservation of Easements : Section 1 Prohibited Uses . Notwithstanding tize change of the zoning classification of the Property to "B-1" , tne Property shall not be used for the operation of a (i) furniture store, (ii) laundry, cleaning and pressing establishment , (iii) locksmLith or shoe repair shop , (iv) lumber yard or fuel yard, (v) public garage, re�air shop, battery service station or tire repair shop , (vi) fast food restaurant or for any restatxrant operating 24 hours a day, (vii) gas station, (viii) undertak.ing establishment , (ix� mobile home park, (x) self-storage facility, (xi) 24-hour convenience store, (xii) tavern, or (xiii) multi-family use, apartments , duplexes or condominiums . Any part of the property presently being used for residential purposes shall not nereaf�er be FdLED FOR RECORD AT REQUEST Of ��..��M��.:��-��,i �;�t�s��-� � �'•.�{�L� � �,i � f 9:,j Q�I�E OF iHE CITY CIERK �—:�-�'�-,�— ';:":'�:}. �y'�`—` AE�T�id MUNICIPAL BLDG. �'� 20Q�iill AYE S0. RENiON,WA 9�55 � , ., � , . used for residential purposes other than single family residential purposes . In addition no part of the property not presently being used for or zoned for residential purposes shall hereafter be used for residential purposes . Section 2 New Structures . No new structure shall be constructed upon t e Property until City, by lawful action, removes the sewer moratorium imposed by City Resolution No . 2392 ; provided that nothing set forth in this Section shall prohibit changes of use of any existing structures which are otherwise consistent with this Declaration and in accord with applicable laws . Section 3 Site Plan A roval . The use of any existing Cp structure shall not e c anged an no new structure shall be � constructed upon the Property without the City' s prior approval � of a site plan for such change of use and or new structure . O �''� Section 4 Maximum Height . No new structure shall be pconstructed upon the Property which exceeds thirty-five (35) � feet in height . . Section 5 Crookston Property Access . An easement for ingress and egress to and from the Croo�Cston Property from Union Avenue Northeast shall be established at a location mutually acceptable to City and Applicant when the Crookston Property is redeveloped. At such time as the Crookston Property or any structure thereon is converted to commercial use , the Crookston Property shall no �onger be entitled to ingress to and egress from 12th Street except to the extent required by City for emergency access purposes . When converted to or used for commercial purposes , the Dalpay Property shall in no event be entitled to any access from Northeast 12th Street . Section 6 Buildin Setback Area. No new structure shall be placed on the wester y 1 eet o the Property (the "Building Setback Area") , but utility lines and landscaping may be located in and upon the Building Setback Area. Section 7 Landscaping. No new structure shall be placed upon the Propert� without a landscape plan approved by City and landscaping req�ired by such plan shall be installed concurrently with the development . When the Property is redeveloped, the Property shall be landscaped in substantial compliance with Exhibit 6 to the City" s rezone hearing dated January 12 , 1984; provided, however, that if the Dalpay Praperty is developed or redeveloped before the Crookstan Property' the boundary line between the Dalpay Property and the Crookston Property shall be landscaped with six (.6� foot high Columnar Arbovitae until such time as the Dalpay Property is developed or converted to commercial use and the west and south boundaries of the Crookston Property will not be landscaped. Should the present residential building that is closest to �. E. 12th on the Dalpay Property be converted to a business use, then the landscaping under this paragraph shall be installed. Should the residential building to the north of the residential � building next to N. E, 12th, and on the Dalpay Property, be used � for other than residential purposes , and the building envelope � be changed or expanded or the parking increased, or any other � change be made to the building or property which significantly � changes tne visual impact of the property , then the landscaping � under this paragraph shall be installed. tr `� Section 8 Runs with Land. This Declaration is for the benefit of City and s a 1 run with the land. Th.is Declaration may not be modified or amended in any respect without the � written consent of the City granted in accordance with any then applicable ordinances , rules , regulations or other laws . Section 9 . Jo�inder�b Vendors . Ben Pillo , Tony Pillo , Dominic Pillo , Rose Souther an Mary Zacnrison, each as their separate state , own the contract vendor ' s interest in the Dalpay Contract Property and each of them joins in Declaration for the purpose of binding their interest in the Dalpay Contract Property to the terms o� this Declaration. � IN WITN�SS WHEREOF, the undersigned have executed this Declaration as of the day and i set forth hereinabove. Jam W. Da pay ^ r i q� �}-� v L�� ``� 6 ' e oy roo ston ,/� /� / y�-- ��J„L iv�L�� ( -/, �L`�.t,>�-�,'�-��r� Sennie A. roo ston 4 Be� �-��-' . �� Tony o Domin' Pi lo $o�s e S ther a y ac iso � STATE OF WASHINGTON) �, ) s s � CQUNTY OF KING ) � On this day personally appeared before me JAMES W. DALPAY 0 to me known to be the individual described in and who executed � the within and foregoing instrument , and acknowledged that he q� signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. � � Given under my hand and official sea this �� of /�� ( , 1984. � _ � `�_ ' , , . . , . . N ary u c in a for t�ze,,,State Was in t n, re ;d�ng :,.�,;� �r,,�,,� I / /- J c � � �" r J 1��'\ \ �t. //I ��, ^j LS �� \y� STATE OF WASHINGTON ) � � ,,�... ) ss COUNTY OF KING ) On this day personally appeared before me LEROY A. CROaKSTON and SENNIE A. CROOKSTON, husband and wife , to me known to be the individuals describeci in and who executed the within and foregoing instrument , and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes t�rein mentioned. 4 7 r. Given under my hand and official. seal this �`��.day /?��' , 1984. ' • .' ti � � � ,- _� �.`� ` _ .: — ' Notar " „ �•�an ,r �the State of W ing or�„ � ��.�d��Ca� ��v�o�t/ , , . 4 '�, � �� .� �i .,�`� '��, �Y � ��rE��r��•�``� . „ , . . . . STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me BEN PILLO, to me known to be the individual 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 J�j' day of �'��0�` 1984. ..,,,,,� ,.,,,,.. �' -�a � .-�� . � Notar u lic in and-;"•6r� �� 5 ate po ashin gton, res idin g.,',a�� ' M _ � ,, . ., � , •'�,'.: `� • . ✓l^ /��r� . ' � 'r rC/ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me BEI1 PILLO, to me known to be the individual 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 � y of 19 84 . _� ��>��da_ ,-r--,-- � , � _ ,s _; . -- _ ��-, � fj• ' otar Pu ic �i� an .. .�,�. te of shington,, r�si��.�C��;�a�o - - � ' ^��r` • . , . , . . , STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me TONY PILLO, to me known to be the individual 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. aL Given under my hand and official seal this �o��day o��-' � 1984. --- . O �-- -- —- — � . � � Notar,y ub ic in ; ,_ or't� � te p o�`-Washington, resi�ling�� a�. � ' , STATE OF WASHINGTON ) � • ) ss COUNTY OF KING ) On this day personally appeared before me DOMINIC PILLO, to me known to be the individual 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 �`� day=bt . � � , - 19 8 4. ��-. �—-- - �� `- �___ __ - .. , . �otary lic in and�: or �•� - ` a�e 'a€- ington, residin"g. ,�.,,` - STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day personally appeared before me ROSE SOUTHER, to me known to be the individual described in and who executed the within and foregoing instrument , and acknowledged that she_:si,gned the. •same as her free and voluntary act and deed, for the use� andr .purpo�`��: therein mentioned. . . �� ' ' �� ' � �• : , . � GIVEN under my hand and official seal this ��c�.�� of �.. ,��; ,1984. . . , �� N ary ic in ,an ' a�,,;,t e ington, residing at � . . , • � � - ' . . . STATE OF WASHINGTON ) ) ss COUNTY OF KING � On this day personally appeared before me MARY ZACHRISON, to � me known to be the individual descriUed in and who executed the � within and foregoing instrument , and acknowledged that she signed Ua Q the same as her free and voluntary act and deed, for the ,uses � and purposes therein mentioned. O GIVEN under m hand and official. seal this �`� � �� y zo :day o'f � ` � . �i��,p!''�`�.' � � 1984. , . : � " ._ _ , - -- � . ', , „ � _ 'i L � � � Notar Pu ic in an 1�. ,,t. , , �'ate i ' o� f W�shington, residing at _ �� I