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HomeMy WebLinkAboutRC 8501030434 „ , � � ' •, , . .� , , •, , . �,� _�� ,_i-- ;,'',.� _ �°E�-';-'+ , _ , i�H'F-i4,{_, �.::+::�::�.:�;,���� �_ ;� � , I�_EGL.ARATION OF RESTRICTIVE COVENANT WHEREAS, MARJORIE LOTTO, individually and as personal representative of the estate of M. W. Lotto, deceased, and Thomas H. Phinney as personal representative of the estate of Anna Phinney, deceased (collectively "Owners”) are owners of the real property located in the City of Renton, Ring County, Washington, described on �xhibit A, attached hereto and incorporated herein by this reference; WHEREAS, the Owners clesire to impose the following � Restrictive Covenant running with the land as to use, �, present and future, of the described real property; C M NOW, THEREFORE, the Owners hereby establish, grant and �� impose a Covenant running with the described real property with respect to the use by the undersigned, their grantees, � successors, heirs and assigns, as follows: 1. Site Plan Review. Improvement of the real pro- perty described herein shall be subject to Site Approval as set forth in City of Renton Ordinance No. 3454 ancl the application procedures attached as Exhibit B and incorpo- rated herein by this reference as the same exist on the date of this Covenant. If during the Duration of this Covenant, the City of Renton amends, modifies the ordinance or appli- cation procedures in any matter to impose less restrictive requirements on the development of or constructions upon the described property then the benefit of such less restrictive requirements shall inure to the benefit of the Owners, their grantees, successors, heirs and assigns. 2. Duration. This Covenant shall remain in full force and effect for at least a ten-year period and shall automatically expire on December 31 , 1994. If prior to expiration of this Covenant, improvements which have re- ceived Site Approval are completed, this Declaration of Restrictive Covenant shall automatically terminate and be of no further force and effect without the necessity of any further documentation. The Owners n►ay request the City of Renton execute the following release for purposes of clear- ing title to the described property; and if so requested, the City of Renton shall execute the same: SAMPLE RELEASE THE CITY OF RENTON does hereby release and forever terminate that certain Declaration of Restrictive Covenant dated this day of , 1984, Ring County Recording No. , in connection with the use and development of the property � , : � � . r . � , . SAMPLE RELEASE CONT. described on Exhibit A, attached hereto and incorpo- rated herein by this reference. CITY OF RENTON Attest: By City Clerk Its [NOTARY ACRNOWLEDGMENT] � 3 . Enforcement. This Declaration of Restrictive C7 � Covenant is specifically enforceable by proper legal proce- dures in the Superior Court of Ring County by either the p* City of Renton and Owners, their grantees, successors, heirs � and assigns. ln � _ � i�� MARJO E LOT 0, Individually � � 7�^� . � - C��i�. MARJ IE LO T0, as Personal Representative of the Estate of M. W. Lotto, deceased l��'�CC� �/f ���s�'�,.�_.�.� ' � homas H. Phinney , as Personal Representative of the Estate of Anna Phinney, ' deceased STATE OF WASHINGTON ) : ss. � COUNTY OF RING ) On this day personally appeared before me MARJORIE I LOTTO, known to me to be the individual that executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for ' the uses and purposes therein mentioned. WITNESS hand }nd official seal hereto affixed this � day of ��C�e�- , 1984. � � . . � �{� , . � .�� �r; '�� � � G't --z i�- - � � " N TARY PUBLIC in and for the ►��`' 'r ��� '� State Was ington, residing �: . ; ,. �,�� � -� , �.,,�r, � a t _� 1 . , � . . i � � � -__ __ � � . • , STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me MARJORIE � LOTTO, Personal Representative of the Estate of M. W. Lotto, M known to me to be the individual that executed the within c?+ and foregoing instrument, and acknowledged that she signed Q the same as her free and voluntary act and deecl on behalf of M the Estate of M. W. Lotto, for the uses and purposes therein O e�l mentioned. O � WITNESS m hand and official seal hereto affixed this � � � ,,.,.. �� day of �--a-�-=-,�¢.f,� . 1984. . � �-� - . ., , /�; L� ' �' '�'"A`T- j � ,j� `'f �,.L - . ; ,�. . . .��; � �;J���Y ¢��• " NOTARY PUBLIC in and for the ����t-;: � ��� "' � - _ State f Washington, residing e�►t, � • _ '1 �".,,,�. �� .. 1t � - "+,:' �1 � '.�' - , -. ��' ; '� ,'� $TATE OF WAS H I NGTON ) . : ss , . COUNTY OF RING ) On this day personally appeared before me Thomas H. Phinney , Personal Representative of the Estate of Anna Phinney, known to me to be the individual that executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed on behalf of the Estate of Anna Phinney, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed this 30th aay of _ November , 1984. � ' � ,., �..,,,.. . '', �j • c� r',G��'.v' - �XZ.r��—= I � �+ � �y ' " TARY PUBLIC in and for the , . ;�', y��,' � ,�'�+�,� _ State of Washington, residing , `., �> t.���.4/• • c at Kent � a �+ o^ � . � l� ' ',�, � �V a+L i r,4�ii �,, . ,� • . %� „ . •, , . ., a -�,, �::., �.�. ' h : . _. —. —. —.— -- — — — — , • • ' ' . • ` , � EXHtBtT "A" Lincoln .Rraperties � R=073-8�+� � : : �rt' M . � a � c� 0 � � Le al desc�f tion of ro ert (it more s ace is re uired attach a se arate sheet). 11'� 9 P � P P Y P q � P � T t�r� '�57 anc� '�Sf� �., D N� 1 7m�n' s T akt� [,I��hi ngrnn C� Pn n� � Tracts 340, 341 and 343 , and Vacated Tracts 342 and 359 , . .ALL in C. D. Hillman' s Lake Washington Garden of Eden No. 5, as per plat =ecorded in Volume 11 of Plats , on page 83, records of Ring Caunty; . TOGETHER WITH that portian of Lake View Blvd. (104th Ave. S.E.) vacated by Order of the County Couunissioners , which attached thereto by operation of law; EXEEPT tha� portion of vacated Tract 359 conveyed to King County £or road by �deed recorded under Recording No. I029408 ; Situate in the Coun�y of King, S�ate of Washington. r ,- - -� ___ _____ --------- - � ---- -- - - --- � , y _ , , , , ------- ---------------- � � , � r • - . F+3C2"llbl't B �. , � c;Yr� oF R�NT��r � BUILDING & Z4NlNG DEPARTMENT � � APPLICATiC}N PRt?CEDURE Candltlanai Use Permit, Site Approvai, Speciat Permit� and Temparary Pe�mlt The Land Use Hear�ng Examtne� holds ane tegutar public hearing each Tuesday et 9.00 a.m., in the Muntclpal 8utidtng, Cauncil Chambers, Appiications to be constdered at the pubpc hearing mus# be tiiQd with and must be found compiete and accepted by the Butlding and Zoning Departmen# at ie�st tw�rn#�r-r►n� �2i1 dav� *irtor to #he hea►in� The appiican# Is requested ta .�.�.r.�� ., �r be presen! at the publlc hea�ing meeting. C",� ",�" � REQUlREMEN'fS FOR FlL�NG APPLlCATlON � The approp�a►te #�ling fee is to be paid to the City Finance Department afier the appticatlan !s ; � checked and accepted by the Buitdfng and 2aning Department. The fee {s not retundable. i. Speclai Permft, Canditlonal Us+e Permtt or Temporary Permlt. . . . . . . . . . . . . . . 5300 pius $i8 per acre. SI#e Apprava! . , . ... . . . . . . . � . . . . . . . . . . . S300 plus $ 5 per acre. Environmental Checktist Review Fee . . . . . . . . . $ 55 �ar value less than $10,000; $ 60 plus $1 per $10,000 for value i greater than $10,080. i i � 2. Six {6) copies of a campieted appiication farm, campie#e with signa#ure, s!x (6) coptes of the Affldavit af 4wnership. 3. Six (6) campleted coptes of an Envtronmentai Checktist Form. 4. Six (b) copi�s of a futfy dimensloned slte plan, ta scale, showing: j a. Subject property (al{ properfy llnes dimensianed} and abutting stree#s (inctuding wldening). � b. i.acatlon of the subject site with �egards to the nearest street intersections, i includtng intersectlons oppostte #he subject property. i i� c. Loca#ion o# exis#ing driveways adjacent tc the subjec# property ar on the opposite sida of the street facing the subject property. � � d. A� existing pub{Ic Improvements I�ctuding, but not necessarity limited to: curb, gu#ter, and stdewalk; median isiands; street trees; electroNers; fire hydrants; utlltty potes, etc., inciuding those adjacent ta the subject sfte. e. lacatlon o! exlsting and proposed structures, parking, loading areas, driveways, exlsting on-stte trees, existing or proposed fencing or re#aining wa!!s, free-s#anding slgns, easements, refuse areas, and an-site lighting flxtures, uti�ty junction boxes, ar pubNc utliity transformers. f. Grading plan, ft the proposed grade differentiat an-site wi11 exceed twenty-four in�hes {24"} from top of curb or adjacent prope�ties. g. Site develapment pians/landscaping plans should include: --- iocation and size af ptanting areas --- tocatian, size anc3 spacfng and names at proposed and existing shrubs, trees and gtoundcovers; decorative rockery or �ke tandscape improvements --- north arrow and scate --- names and location of abutting streets and publlc tmprovements --- pianting deta{is tsoit mix, planting depth and wldth� and bark muich depth) --- locatfar� of bulldings, parking areas, ar�d access --- existing and proposed contaurs . �.` t+ + � � R I " Y . n ' � rr . � �� •, . . � � 5. Six b ca ies ot futl dl t ) p y mensloned archifectural etevations of ali buitdings and structures tncluding: a, 8uilding materiats and coiors; inctuding roaf, waiis, or ather enctosures. b. Fence or retaining wall materlals, cotors, and archltecturat design. c, Existing and proposed buitding signs, inctuding but not necessar{Iy limited to: size, location, materiais and cotars. d. A�chiteciura! deslgn of on-sife lighting fixtures. e. Cross-section af raaf showing lacatlan and helgh# of roof top equipment such as� b�a# nat tjm!#ed ta=alr canditloners, compressors, etc. 6. Su er-'r: radui:tiar�s vi ali i��s su�,�,;.�� �^ �t �* s?'!�} v �� 'i�� '� Xerax p j. 1 !.h 11 t�� $ : x 14 . reducttons are not generaily accep#abie unless absolutely clear. ' 7. For Spe�! Permits� Conditlonal Use Permlts and Tempor�mits fhe burden af proof as to the appropriateness of the �ppttcation fies with the appftcant. Any such application � shai) be accompanied by a wtitten descriptionJ justif3ca#tan setting farth the reasons ln � �, fava� of the appllcations. G3 � 8. Six {6) copies of vicintty map t1';200'). 4 � N�TE: Phatagraphs or manufacturets' brochures may be submltted to clarify fhe specifics of buitd[ng materiats, colors or any specific architecturat detait praposed. r;t�.�;�s�rta tri�� u�ti �i��# � �� lt� � `�,�i r-, , _ _ .', lSt4t�i flt� ..'� , i. , :'�f��'+t}�. ,t, �_-liii�. . � ' ..c_i [��r ���'f��:� '~i.t���1," ,, „. „ , � . ,..,,. .. . Revtsed 12/1982 -------_.__ F4rm 181 . ` ` • ' . �i��i, , � � 'i � n y ` a � . � ` � � i � � �, �l�1 F�R RECORD AT REQUEST�F �a���� ����e�� � 20�MIu AVE S0. REN[ON,WA 98�