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HomeMy WebLinkAboutRC 8901110211 � �� R-001-8$ ^+ � � F'IlED F0�RECORD AT RE4UEST �►r ���aE�v�� ��:s �,,,r. ' ��n�an aaa� � ��� � , ' s��u�sa �II►�1 lll�i J��i �� � �� �:�' '8� `� �`!���r�t � #i�:::i i �: ����.:c:� +_ �:�. ►_;►,� ��'7W��tit'IS�t�Nt3�' ���t�.H=:L :+:,�::+:��,,,�,�, ��C(����.5� �1 �=�t�t?�S �� DECLARAT I ON OF RESTR I�'�i`17��I��IANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration"> is entered into by and between the Renton Family Practice Center, a Washington general partnership comprised of Manfred M. Laband and Karen E. Laband, �,,,+ husband and wife, and Howard B. Miller and Catherine E. Miller, husband �..� and wife (collectively the "Partnership"> ; Steven L. Pappas, as his (�,t separate estate; Paul W. Houser and Lila V. Houser, husband and wife _ p (collectively "Houser"> , and David H. Swayne and Paula Swayne, husband �-i and wife (collectively "Swayne"> . � r"+ THE PARTIES ENTER INTO THIS DECLARATION on the basis of the following ' � facts , understandings and intentions: 0� � A. The Partnership is the owner of certain real property located in the City of Renton, King County, Washington, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Partnership Property" or "Lots 11 , 12, 13 and 14"> . B. Pappas is the owner of certain real property located in the City of Renton, King County, Washington, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Pappas Property" or "Lot 15"> . C. Houser is the owner of certain real property located in the City of Renton, King County, Washington, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference Cthe "Houser Property" or "Lots 16 and 17"> . D. Swayne is the owner of certain real property located in the City of Renton, King County, Washington, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Swayne Property" or "Lot 18"> . E. The Partnership, Pappas, Houser and Swayne shall hereinafter collectively be referred to as the "Owners. " The Partnership Property, the Pappas Property, the Houser Property and the Swayne Property shall hereinafter collectively be referred to as the "Property." F. On October 3, 1988, the Renton City Council approved the rezone of the Property from R-3 Multi-Family Residential to Business District B-1 , subject to the Owners submitting certain restrictive covenants which would limit development of the Property in certain specified ways. 1 . . ,,- ' � • , G. The Owners des i re that the rezone be granted i n accordance wi th the decision of the Renton City Council , and that these restrictive covenants be recorded and thereby impressed upon the Property. NOW, THEREFORE, in consideration of the mutual covenants of the Owners, and the benefits to accrue to the Owners as a result of the rezone of the Property, the Owners agree as follows: 1 . Development of the Property. Development on the Property shall not exceed 25,000 square feet of building or buildings . 2. Site Plan Approval . Site plan approval by the City of Renton shall be required for all development on the Property exceeding 1 ,000 � square feet. � C`2 3. Height Limitation. Development on the Property shall be limited � to a maximum building height of fifty (50> feet. � r"� 4. Medical Clinic Expansion. The existing medical clinic located � on Lots 11 , 12 and 13 of the Partnership Property ("Clinic"> may be � expanded by an amount equal to ten percent (10%> of the gross building � area of the Clinic. 5. Development North of the Clinic. Development of the building or buildings on Lots 14, 15, 16, 17 and 18 of the Property shall not exceed 20,160 gross square feet of building space. ' 6. Termination of Covenants. At such time as the City of Renton shall rezone the Property to, or establish regulations which, (i > permit more intensive use of the Property than is permitted pursuant to this Declaration; or (ii ) require a less restrictive site plan approval process than is required pursuant to this Declaration, then these covenants shall immediately terminate and shall be replaced by the terms of the subsequent rezone or new regulations which permit more intensive use of the Property, or a less restrictive site plan approval process, or both. Upon such termination, the Owners shall execute and record a restatement of this Declaration. 7. Binding Effect. Unless terminated in accordance with Section 6 hereof, the covenants contained in this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, heirs, successors and assigns. 8. Effective Date. Regardless of the date that this Declaration is executed, this Declaration shall be effective only upon recording, and shall be recorded, if at all , only by the Partnership, or by the City of Renton after the Partnership has submitted this Declaration to the City for recording. 2 - . . �' • � � • . 9. Attorneys' Fees. In the event of any litigation regarding the rights and obligations under this Declaration, the prevailing party shall be entitled to reasonable attorneys ' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of this � day of �c«-�.��� , 19 �� Renton Family Practice Center, a Washington general p t r�hip � � , �—� �e � , By: ���- . Manf ed M La_b�an��• �-i , ,/ c1 �� �; :�-� � aren E. Laband, h' s wife � e-� g y; ��,�/f�-�'��� 0 Howard B. Miller G'� � By�1������.'�� Catherine . Miller, his wife Ste en L. Pappa is separate estate C..�� Paul W. Houser U• ,�`-o-z.c,�..J il . H ser, his wife i � ' � �� � , D Swa e _ ,,- Paufa Swayne;-+�fis wi 04361 3 � • . . . STATE OF WASHINGTON ) > ss. COUNTY OF KING > THIS IS TO CERTIFY that on this � day of ,�e-ce,��� 1988, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared MANFRED M. LABAND, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said aid individual ' s free and voluntar act �ndividual signed the same as s Y and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in ,��,b, ' certificate first above written. esi��RYL,LF�,'—_ � � o , s , �l� G�a�S�ON F .S' � 0 :��., -i',o••� � � ,1� �'�s� ��A'. � � � � �o \,pTA�y �,•. \ �,2 Notary pub i c i n and for the state ,� : � -- G : * ; Washington, residing at �'oQ��l� _; �, u3�� �z.�� C� `\�'�`•�L ��.;��o��� � � My appoi ntment expi res ���-'' �:•� ° `aU �� � � =.�F WAS��,i��� ., � O �is�/ � � STATE OF WASHINGTON > � ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this � day of �e��-�, 1988, before me, the undersiqned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared KAREN E. LABAND, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. �i��� ,. WITNESS my hand and offi ci al seal the day and year ����R��i�E�_ certificate first above written. � �`� • " • ,1��'�y�;•\SS�ON F�'A/S _� 1 •'rr ��•, � `� 'o iJ�T A R j' `n�' � Notary publ i i n and for the state �� � ,o�B`�� :����� Washington, residing at £�rn�d�„�:'�,� l�g`�;.',`o'��� My appoi ntment expi res _���i�Wp,S���+��/ ''�.v,ioo//�/ 4 STATE OF WASHINGTON ) > ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this � day of .L��C�--���-► , 1988, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared HOWARD B. MILLER, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. .._-----�`��' �!L��--� � Notary public in and for the state of � Washington, residing at .�.�s��ti��- c� � My appointment expires � - � i� - «, l�'� l"� O STATE OF WASHINGTON ) '�'"> > s s. �`' COUNTY OF KING ) THIS IS TO CERTIFY that on this �a��' day of .��r�P ,�--����" , lggg, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared CATHERINE E. MILLER, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. � /-' `'��-,�.�.. Notary public in and for the state of Washington, residing at }�"�'�'•�`� . ' My appoi ntment expi res .� -�s- �o 5 � � - � •Y- � ' . . ' � • � ISTATE QF WASHINGTON > ) ss. CQUNTY OF KING > THIS IS 70 CERTIFY that on this i� day of �t�r��-.�--. ��.- , lgg8, before me, the undersigned, a notary public in and fior the state af ; Washington, duly comm�ssioned and sworn, persanal ]y appeared STEVEN L. ; PAPPAS, to �ne known to be the individual descrabed in and who executed ' the within and foregoing instrument, and acknowledged to me that said individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. , WITNESS my hand and official seal the day and year in this , certificate first above written. ,------`� �!'��� e■i Notary public i and for the state af ' � Washington, residing at �..ss.��G�� . �=�. � My appoi ntment expi res .,� � �� - ��� � e�l e�l � � � � 6 _, , �r• . � � � • STATE OF WASHINGTON ) ) ss. COUNTY OF KING > � THIS IS TO CERTIFY that on this -�� day of , 1988, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared PAUL W. HOUSER, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. a �-. � Notary public in and for .�he state f � �1 Washington, residing at -L-S � ' � My appointment expires 3��-� �� �-1 � � STATE OF WASHINGTON ) � � > ss. � COUNTY OF KING > � THIS IS TO CERTIFY that on this �� day of ��---'�--- , 1988, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared LILA V. HOUSER, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said � individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first above written. � ' Notary public in and for the state f Washington, residing at �s 'a-qv� My appoi ntment expi res 31as�9 0 7 �. , .,� . . . i , STATE QF WASHINGTON > ) SS. I COUNTY OF KING ) THIS IS TO CERTIFY that on thi s /� day of _��c��.� 6a�' , 1988, before me, the undersigned, a natary public in and for the state af Washington, duly commissioned and swarn, persanally appeared DAUID H. SWAYNE, to me known ta be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that said indivitlual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first abave written. -�--~�" ��'C� Notary public i and for the state of ' Washi ngton, resi di ng at 2�=��u 4-`► �i My appointment expires � —r �" �' � �`2 � STATE OF WASNINGTON > � > ss. .� COUNTY OF KING > � �� THIS IS TO CERTIFY that on thi s `� day of �J��*b�� , 198 � , before me, the undersigned, a notary public in and for the state of � Washingtan, duly commissianed and swarn, persanally appeared PAUI.A SWAYNE, ta me known to be the individual described in and who executed I the within and forega�ng instrument, and acknowledged to me that said individual signed the same as said individual ' s free and voluntary act and deed for the uses and purposes therein mentioned. I WITNESS my hand and official seal the day and year in this � certificate first above written, � _ �--�--�.����..�_,�_. Notary publ �c �n and for the state of Washington, residing at zssA-U�.� � My appointment expires � �'r-�a � 04361 8 � r_ , r.> . - . IXHIBIT A Renton Family Practice Center Property Lots 11 , 12, 13 and 14, inclusive, Block 27, Town of Renton, according to the Plat thereof recorded in Volume 1 of Plats, Page 135, records of King County, Washington; Except that portion deeded to the City of Renton for alley under recording no. 910204. Situate in the City of Renton, County of King, State of Washington. Pappas Property Lot 15, Block 27, Town of Renton, according to the Plat thereof recorded in Volume 1 of Plats, Page 135, records of King County, Washington; Except that portion deeded to the City of Renton for alle under recordin no. 910204. Y 9 � Situate in the City of Renton, County of King, State of Washington. � � Houser Property O � ,r.� Lots 16 and 17, Block 27, Town of Renton, according to the Plat ,� thereof recorded in Volume 1 of Plats, Page 135, records of King p County, Washington; Except that portion deeded to the City of Renton � for alley under recording no. 910204. Situate in the City of Renton, County of King, State of Washington. Swayne Property Lot 18, Block 27, Town of Renton, according to the Plat thereof recorded in Volume 1 of Plats, Page 135, records of King County, Washington; Except that portion deeded to the City of Renton for alley under recording no. 910204. Situate in the City of Renton, County of King, State of Washington. 04361