HomeMy WebLinkAboutRC 8808190390 ' " ' • . .• , • � 'f � • � . . , , �
�� �. � R-017-88
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Recording Requested By:
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City of Renton r��� � -'
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When Recorded Mail To: - _r �
Office of the City Cl�rk I,
City of Renton
?0�1 Mill Ave�ue South
RAr-i#nn, ';11A 98055
Space Above For Recorder Purposes ,
DECLARATION OF RESTRICTIVE COVENANTS I
WHEREAS, FLOYD F. FIGGINS and M. JEAN FIGGINS, husband
� and wife, are the owners ("Owners") of the following real
Q` property in the City of Renton, County of King, State of
0 Washington, described in Exhibit "A", attached hereto.
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WHEREAS, the Owners of said described property desire
� to impose the following restrictive convenants running with
� the land as to use, present and future, of the above
cp described real property.
NOW, THEREFORE, the aforesaid owners hereby establish,
grant and impose restrictions and covenants running with the
land hereinabove described with respect to the use by the
undersigned, their successors, heirs, and assigns as
follows:
PERMITTED USES
1. As a condition of the rezone of this property from B-1
with restrictive covenants permitting professional offices
to B-1 general office uses, the following are the only uses
to be permitted on the subject site.
2 . Uses shall be limited to general offices as currently
described under Title IV, Chapter 4, Section 711 (B) (1) (b)
(1) of the Code of the City of Renton described as "b.
Offices: 1. All types of business offices. "
DURATION
These covenants shall run with the land and expire on
December 31, 2027. If at any time improvements are
installed pursuant to these covenants, the portion of the
covenants pertaining to the specific installed improvements
as required by the Ordinances of the City of Renton shall
terminate without necessity of further documentation.
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Any violation or breach of these restrictive convenants 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 subject property who are adversely affected
by said breach.
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FLOY F. FIGGIN M. JE FIGGINS
STATE OF WASHINGTON )
ss.
COUNTY OF KIND )
On the j�' day of August, 1988, before me personally
appeared the persons who executed the within and foregoing
instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said persons for the uses and
purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
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� No a ub( c in and for the
MStat of Washington residing
0�` at 6"�'`�,'J� Gt/� .
o �`s�``� �s�i���s ���9- 9 Z
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� EXHZBZT A
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�� I3ESCRIPTIQN OF PROPERTY:
t 140 feet�s measured alang the Narth line�fof that partion
The Eas �
of the Sauthwest quarter of the Southwest quarter of SecGion 3 ,
Township 23 North, Range 5 East, W.M. , described as follows.
Beginning at the Southwsst corner of said Section;
TH£NCE North 1°23 ' 12" West along the West line of said Section,
1312 .49 feet to the North line of said subdivision;
THENCE North 89°24 ' 22"' East along said North line 1323.7� feet
to the Northeast corner of sa�d subdivision being the true point
of beginning;
THENCE South 1°10' 22" East alang the East line of said subdivision,
584 . 56 feet to the Nartherly margin of State Highway No. 2 (Sunset
Highway) ; .
THENCE Southwesterly alang said Highway 939 , 52 feet;
TFiENCE North parallel with the East line of said subdivisian, a
distance of 784 . I2 feet ta the North line of said subdivision;
THENCE Easterly along said North line 394 .21 feet to the true
point of beginning;
EXCEPT that portion thereaf conveyed to the City of Renton under
Recording No. 6444261; arid •
EXCEPT that portion conveyed to the Sta�e of Washington under
Recording Na. 7109220126.
i � � Situate in the County of King , State af i�2ashington.
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'Sunset'Professional Center —
AAD-012'-89
Madch 6, 1989
Page 6
8. Since the original reclassification of the property from R-3 to B-1 found that professionai
offices including doctors, etc., and even a pharmacy were compatible with surrounding uses and
the second reclassification was intended to broaden the uses without introducing incompatible
uses, it appears reasonable to give the covenants a wider reading then was provided by the
Planning Division. �
9. Therefore, it would be arbitrary and capricious to attempt to prohibit professional offices from
any building placed upon the subject site.
10. At the same time, this office cannot read the covenants to permit the establishment of a bank
on the subject site. While the use may not have been listed in the otherwise lengthy list of uses
permitted in the B-1 zone, it would not appear to be of the nature of uses which are office
related and which would be compatible with the adjacent single family uses. Banking can
generally be considered a service and is certainly more in line with retail uses then mere
business offices. It also could be expected to generate more traffic then general offices. This
would certainly be the case if the bank included drive-up windows. This office must conclude
that while the phrase "business office" includes professional offices, it does not include general
banking services with cashiers, tellers and drive-up windows, although it could include
mortgage brokers, financial planners, and other similar financial agents.
11. This decision should be read as an attempt to distinguish those office uses which might have a
free-standing or window display sign to catch the attention of passersby, and those offices
generally found in larger office buildings where the building might be identified - but
individual offices are solely identified on the building's directory and by suite number. The
offices found in such a building would not cater to the general public unless the patron had
reason to know that such an office was found within the office building.
DECISION
The covenants in question shall be interpreted as follows:
1. The covenants include all business offices including those providing personal services
such as insurance and real estate agents, and those providing professional services such
as doctors, lawyers, dentists.
2. General banking, which would include banks containing cashiers, tellers or drive-up
windows, are not permitted by the covenants.
3. Nor shall the covenants permit any other type of business which would be expected to,
or expects to advertise or cater to the general public with a free-standing or window
sign. Identification shall be limited to a building directory and possible identification of
the building as long as that name does not refer to a commercial organization.
' ORDERED THIS 6th day of March, 1989.
�
FRED J. KA .MAN
HEARING E AMINER
TRANSMITTED THIS 6th day of March, 1989 to the parties of record:
William Bechtold
Attorney At Law
18032 Starmont Lane
Huntington Beach, California 92649
Floyd F. Figgins
4225 NE 19th Street
Renton, WA 98056