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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�,'—_
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, s
, �l� G�a�S�ON F .S' �
0 :��., -i',o••� �
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,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
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�
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