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Home My WebLink AboutRC 9006210680 � � ..� . : • ' , ` • ^ ' ,• - , �IL�p�OR RECORD AT REQUEST 0� Earl i ngton Apartments Rezone OFFIGE OF THE C�TY CL�RK ' R-005-89, SA-005-89 200 MILL AVECSO�B�DG. DECLARATION OF RESTRICTIVE COVENANTS '� `-`-' � RENTON,WA 98055 =- -� �' �'� �� z� -�-- _-_ �,° . ;. AMENDMENT TO SITE PLAN APPROVAL SA-005-89 J� � =.-.� �: (EARLINGTON APARTMENTS) � � . _ � CITY OF RENTON, WASHINGTON . _ v� _, _ � �° � t,:'TY This Amendment, made and entered into this l l th day of June r ��" , 1990 by and between Holly Homes Company, dba The Holly Corporation, Managing General Partner of Earlington Place Limited Partnership or assigns ("Owner") and the City of Renton, Washington ("City") is based on the Recitals and is subject to the Terms and Conditions that follow: C RECITALS: c� �.C� � WHEREAS, Holly Homes Company, dba The Holly Corporation, Managing General � Partner of Earlington Place Limited Partnership, is the owner of certain real property legally �; described on Exhibit A incorporated herein by this reference ("Property herein) and; � � WHEREAS, the Property is in the process of being developed as a multi-family residential project ("Project" herein); WHEREAS, there are identified recreational facilities in both the north and south parcels of said Project contained in its site plan, which the City Hearing Examiner, in his recommendation for rezone and site plan approval dated July 5, 1989, conditioned said approval on Owner providing cross-easements or some other form to ensure that future residents of either parcel would have access and use of these facilities in either parcel should a legal separation of the two parcels occur in the future; and WHEREAS, the Owner is desirous of complying with the Hearing Examiner's conditioned recommendations. NOW, THEREFORE, the undersigned covenant, grant, and agree as follows: TERMS AND CONDITIONS: 1. Affected PropertX: The identified site plan subject to this Amendment is legally described on Exhibit A which is attached hereto and incorporated herein by this reference. 2. Use of Recreational Facilities: Owner agrees that if a sale or legal separation of the north or south parcel of said Project occurs in the future, that Owner, their heirs, successors, or assigns will execute cross-easements to and from both parcels for use of the recreational facilities by residents of both parcels. �of'0�.�21 #OE.�O A RECG F a.0�s RECFEE t. CI�� CCa1HSL ��:11.Ct�� Dod,�,,�,1/ooy, 5��. �3�, y9. '� C,. .�:;:f�� . R ., ti. . • . . �' � ' �A . y , . . The undersigned assent to the foregoing terms and conditions. Holly Homes Company, dba The City of Renton, Washington Holly Corporation, a Washington Corporation, Managing General Partner of Earlington Place Limited Partnership , , , i , V' BY BY Daniel M. Kelley 1 ymer _ ItS President �tS Ma or ATTEST: L%l/ / ,.GCI�Sr�o .,w Marilyn J. ersen, City Clerk Approved to form: c o By '� City Attorney, ty of Renton � � � 0 � � , �., <..,. _. _ . .. ,�-- STA kE G � .l'L�.--��-- -t ' � , . � • �•f . . ' � � - �, ; � • �ss. County Oj_�L'�-"`' J ,. �-r �_ C?c� thiz �� y of , A. D. 19 l before rnx. thG undez- si�ned. a '�ota:}• Public in and fo the ate a! ' duly commissioned and sworn persanal:}• agp+eared ±� to �wn t e th � 'den , of t_e... C ' the cozpa ation that ezecuted the faregoing i'atrumcnt, and acknowled�ed tl�e said strument to be the fste and volun• tary act and deed af said carparation, for t�e use� and purposes thcrein mentianed, and on oath itated that.�_}►e .�.,�-� autharized to esecute tbe �aid inakrument and that the seal affiaced 'u the corparate soal of said corporation. ��1��\�� W1T;�+E.S�•1n7��fi5cial seal htreto sffiated tht day and year in t is c,�rti5cat�ve wtityltn. � tj.•'`��V►111�� Il � �(�f,_� ;�,, ��,�ssaa�,,��,,�p �� ' � , ��'�TA�'�;�� /t�ry Public in •nd (or t6e Stwte �' � � ��M�'�� seadinQ a ` • �•-. PU BL�� =o: r J+ y .. /� 9► ��t?„��:��y�"Acknowledgment b� C'arporetian. Puget Saund TiUe Campaml rsT-,2 Ii,'�'F "+,,,,....•--`��:.' � �.` C=` �'��hi�a�� .,.L � N � O � � �,":!�I�ti��iL � r f . • ' ' r • s � � EARLINGTON,WOODS �+ • . . . , . LEGAL DESCRIPTION NCIRTH PARCE� Ati�THAT CERTAtN REAL PR4PERTY SITUATED tN THE CITY QF RENTON, CC?UNTY QF KtNG,STATE OF WASHINGTON BElNG A PORTIQN OF THE PLAT QF EARL.lNGTON, RECC?RDED tN VOLUME 14 OF PlAT, PAGE 7 (A.F.N. 433749�, RECORDS OF KING ( COUNTY, WASHINGTON, AND A PORTION C!F THE SOUTHWEST QUARTER OF SECTION 18,TOWNSHlP 23 NORTH, RANGE 5 EAST OFTHE WIL.LAM�"T'E AND BEING MORE PARTICULARLY DESCRIBED AS FOL�OWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF A STREET . SHOWN ON SAiD PLAT OF EARLINGTUN (MAPLE AVENUE SOUTHWEST) WNICH 1S FURTHER DESCRIBED AS BEtNG NORTH 52°23'11" EAST, 1694.30 FEET FRG�M THE SOUTHWEST CORNER OF SECTiC3N 18,WITH A REFERENCE BEARING ClF SOUTH$9 10'(J4" EAST TO THE St�3UTH QUARTER CURNER (3F SAID SECTIC}N 18; TNENCE FROM SAID POINT C1F BEGINN€NG SCIUTH 29°56'06" WEST, 83.86 FEET; THENCE � TANGENT TC} THE PRECEDtNG CGtURSE ALONG THE ARC 4F A GURVE TO TNE � LEFT HAV{NG A RADtUS t�F 27t3.Q0 FEE7'AND A CENTRAL ANGI..E OF 5�50''f4", AN ARC LENGTN 4F 281.98 FEET; THEhlCE TANGENT TQ THE PREGEDtNG GURVE SC►UTH 2g°54'Q8" EAST, 62.16 FEET; THENCE TANGENT TO TNE PRECEEDlNG � GOURSE AL4NG THE ARC QF A CURVE TO THE 1.EFT HAVING A RADlUS OF 2Q.Q0 ' � FEET AND A CENTRAL ANGLE OF 9t�t�Q'00", AN ARG LENGTH OF 31.42 FEET; � THENCE TANGENT TO THE PRECEDING CURVE NORTH 6�'05'S2" EAST, 638.12 n1 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A � CURVE TO THE LEFT HAVING A RADIUS OF 35.OQ FEET AND A CENTRAL ANGLE(JF I ,,� 90"00'00",AN ARC LENGTH OF 54.98 FEET TO POINT ON THE WESTERL.Y RIGHT-0E- � U` WAY UNE OF EDWARDS AVENUE S4UTHWEST(60 FEET WIDE);THENCE TANGENT TO THE PRECEEDfiNG CURVE ALONG SAID WESTERLY RIGHT-OF-WAY�iNE NORTH � 2g°54'08" WEST, 1032 FEET; THENCE TANGENT Tt) THE PRECEEDING COURSE � � A�ONG THE ARC OF A CURVE Tt3 THE RtGNT HAViNG A RADIUS 1496.43 FEEf AND A CENTRAL ANGLE fJF a1°52'23",AND ARC�ENGTH OF 48.92 FEET';THENCE N{�RTH � 88°31'43"WEST, 537.55 FEET TO SA10 SUUTHEASTERLY RIGHi'-QF-WAY 4F MAP�E AVENUE SOUTHWEST; THENCE SOUTH 25"56'OS"iNEST, 32.53 FEET Tt}THE P4lNT �, OF BEGiNNING. S4UTH PARCEt� ALLTHAT GEFtTAiN REAL PROPERTY SITUATE lN THE CITY OF RENTON,COUNTII OF ' � KING, STATE OF WASHINGTON BElNG A PORTlQN 4F THE PLAT OF EARLINGTON, � , RECORDED (N VOLUME 14 OF PLAT, PAGE 7 (A.F.N. 433749}, RECORDS OF KING ' CCIUNTI(, WASHINGTON, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTtON 18,TOWNSHIP 23 NORTH,RANGE 5 EAST OFTHE WtLLAMETTE AND BEiNG MORE PARTiCUTARLY DESCRIBED AS FOLLt)WS: COMMENCING AT A POINT ON THE SOUTHEASTERLY RIGHT-0E-WAY qF A STREEf SHOWN ON SAID PLAT QF EARLINGTON (MAI'I,.E AVENUE SOUTHWEST) WHICH IS FURTHER DESCRIBED A5 BEING NORTH 52+2;i'11" EAST, i694.3Q FEET FR4M THE SOUTHWEST CORNER 4F SAID SECTION 18, WITH A REFERENCE BEARiNG UF � SOUTH 89810't}4" EAST TO THE SOUTH QUARTER OF SAtO SEeTiON 18; THENCE � FROM SAiD POiNT OF CCfMME1VCE1ViENT SOUTH 29�56'06 WEST, 83.86 FEEi'; � TNENCE TANGENT TC�THE PRECEEDtNG CC}URSE ALt�NG TNE ARC OF A CURVE TO THE C.�""i�t`��L. � ' ' �'�'� � �LEFT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE OF 59'S0'14",�RN � ARC LENGTH OF 281.98 FEET; THENCE TANGENT TO THE PRECEDING CURVE R • • SOUTH 28°54'08° EAST, 62.16 FEET; THENCE TANGENT TO THE PRECEEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90'00'00", AN ARC LENGTH OF 31.42 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 60'05'S2" EAST, 638.12 FEET; THENCE TANGENT TO THE PRECEEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFf HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 9d00'00", AN ARC �ENGTH OF 54.98 FEET TO A POINT OF CUSP AT A POINT ON THE WESTERLY RIGHT OF-WAY LINE OF EDWARDS AVENUE SOUTHWEST (60 FEET WIDE); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 29°54'08" EAST, 130.00 FEET TO A POINT OF CUSP AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE FROM A TANGENT THAT BEARS NORTH 29`54'08"WEST ALONG THE ARC OF A CURVE TO THE LEFf HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 90°00'00', AN ARC LENGTH OF 54.98 FEET; THENCE TANGENT TO THE PRECEDING CURVE SOUTH 60°05'S2" WEST, 688.12 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 34°11'17", AN ARC LENGTH OF 196.91 FEET; THENCE SOUTH 15°53'28" WEST, 45.00 FEET TO THE NORTHERLY LINE OF THE RAIL ROAD RIGHT-OF-WAY; THENCE CONTINUING ON SAID NORTHERLY RIGHT-OF-WAY OF RAIL ROAD, ALONG � THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 04°05'S4" .p EAST, HAVING A RADIUS OF 1860.08, AND A CENTRAL ANGLE OF 16°46'40", AN ARC � LENGTH OF 544.68 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH R; 77°19'14" EAST, 462.99 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF EDWARDS � AVENUE SOUTHWEST; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT � WHOSE RADIUS POINT BEARS SOUTH 66�32'49"WEST, HAVING A RADIUS OF 1449.10 � FEET AND A CENTRAL ANGLE OF 06"26'S7"� AN ARC LENGTH OF 163.11 FEET; THENCETANGENTTOTHE PRECEDING CURVE NORTH 2�54'08"WEST, 148.28 FEET TO THE POINT OF BEGINNING. 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