HomeMy WebLinkAboutRC 9012061035 ' • . , , ,
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After Recording Return to : �� '- � -
:3 f � 't:. ; ,: ��<<�''e .�+1 - ._ .;._ _•�. ?#s•_.�':=i �d
City of F.enton ,.� ., '.,:� , ,, . f . ►r �:.%_��: ,- � _�. ;_
Office of the City Clerk F;.t�r � . `� . � r��='-t��=� --• -`�-'
200 I�ill Avenue 5outh �H�.:-i='� ' ��:�� �-`'-`
Seattle, WA 98055 `�
RESTRICTIVE COVENANT REGARDING LID PARTICIPATION
This Restrictiv,g Covenant Regarding LID Participation is made
this � day of `-�� - �-� � , 1990 by the undersigned owner of
� certain land situa ed in the State of Washington, County of King,
0 and legally described on Exhibit A attached hereto and incorporated
-- herein by this reference (the "Property" ) .
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� Owner and Allpak Container, Inc. , a Washington corporation
N "All ak"
-�-..- ( p ) , intend to develop and build a manufacturing facility
� (the "Facility" ) on the Property as part of a project identified
under Project No. ECF;SA-062-90 in the files of the City of Renton,
and commonly known as the Allpak Container Project (the "Project" ) .
The City of Renton, on August 6, 1990, passed Ordinance No . 4283
� establishing a joint public and private transportation improvement
program for the area south of I-405, east of the westerly city
limits , north of S.W. 43rd (South 180th) and west of SR-167 (the
Valley Freeway) (the "Improvement District") . The Property lies
within the Improvement District .
The City of Renton, as part of its site plan approval for the
Project, required the Owner, in order to mitigate transportation
impacts, to pay a "fair share" fee, which included payments for
scheduled LID fees . In lieu of these up-front payments, Owner has
agreed to participate in LID No . 1 and LID No. 2 as described and
set forth in Ordinance No . 4283 , and as further described in
Exhibit B attached hereto .
Therefore, Owrrer hereby covenants, agrees and declares that the
Property shall be held, sold and conveyed subject to the restrictive
covenant described herein.
1 . LID Partieipation Covenant . Owner acknowledges that the
City of Renton may require property owners within the boundaries of
said Improvement District to participate in LID No . 1 and LID No. 2
as described and set forth in Ordinance No. 4283 . The Owner further
acknowledges that the consideration for this covenant shall be
approval of development of the Project, and issuance of a building
permit for the Project . Owner hereby agrees to participate in LID
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No . 1 and LID No . 2 under the terms and conditions set forth in
Ordinance No . 4283 .
2 . Release of Portion of Property From Restrictive Covenant .
At sometime in the future, Owner and Allpak intend to replat or
otherwise adjust the existing lot lines on the Property such that
the Facility will be located on an individual parcel or parcels
consisting of approximately the western 475 feet of the Property.
Following replatting or adjusting the lot lines of the Property,
this covenant shall only apply to the parcel or parcels on which the
Facility is located, and such parcel or parcels shall be referred to
in this covenant as the "Restricted Use Property. " The remainder of
the Property, other than the Restricted Use Property, shall be
released from this covenant .
3 . Term. This covenant shall be effective upon
(a) acquisition of the Property by Owner, (b) the recording of this
covenant and (c) the issuance of a building permit for the Facility
by the City of Renton. This covenant shall continue in effect and
shall be binding upon the Property, or the Restricted Use Property,
as the case may be, for as long as the Owner has an obligation under
� LID No . 1 and LID No . 2 as provided in paragraph 1 hereunder;
� � provided, however, that, with respect to the portion of the Property
, � released from this covenant pursuant to paragraph 2 hereunder, this
; !(„p covenant shall terminate and cease upon replatting of the Property.
C�
� 4 . Covenants Running With The Land. The covenant granted
C hereunder, and the agreements contained herein, shall run with and
� burden the Property, or the Restricted Use Property, as the case may
be, and shall inure to the benefit of and be binding upon the owners
thereof, and their successors and assiqns .
5 . Applicable Law. This instrument is executed under, and
shall be construed in accordance with, the laws of the State of
Washington.
OWNE 'r j
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�'' � Hans G. Koch `-
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STATE OF WASHINGTON ) '
) ss . '
COUNTY OF KING )
On this day personally appeared before me Hans G. Koch, to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
LC') therein mentioned.
M
� GIVEN under my hand and official seal this �'7�' day of � � ; �- r ,
O 19�`�.
N �- ,, � .
� ''� '' � � / ''�' y�,._
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�T% Na�a ublic in and for the ,Stat� .of
� Was i�gton, residing at - `
My commission expires - �- °
� __._...��___-_- - -- — , ---- —
STATE OF WASHINGTON,
� ss. �
County of KING
that I know or have satisfactory evidence that MICHAEL R. MASTRO
I hereby certify HIS ee and voluntary act for the uses and purposes mentioned
signed this instrument and acknowledged it to be
in this instrument.
��....��t��� .:- .
Dated: NOVEMBER 19, 14�NP J. qF���� ; %�
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� 0���'`��ON�,�p'���, �II
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� ;"�QTa�j' ', �� Notary P lic in and for State of hington,
f,���, P��`t� io� residing at Auburn
�i�9�,��hi fEB 1i.18'f��,�'`` My app�ntment expires � 2/17/94
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A-g(g6)INDIVIDUAL
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EXHIBTT A
PARCEL A:
~ Tliat partian of the northeast quarter of the northeast quarter of
Section 25, Tawnship �3 North, Range 4 East, W.M_ , in King County,
Washington, described as fol3.ows:
Commencing at the northeast corner of said Section 25;
thence south 0�49`14" west, along the east 3.ine af said Section 25,
a distance of 180.01 feet to an intersection.with a line parallel to
and 180 feet sautherly, u�easured at =ight angles to the north line
of said Section 25; . .
theace north 87°'12`59" west, parallel with said xiorth line, 20,Qp
feet ta ari intersection with a line parallei to and 2� feet
westerly, measured at right angl.es ta the east line of said
Secticn 25;
therice south OiD49'IO" west a3ong said parallel �line, 554.32 feet to
� 'the TRUE P4I�T OF BEGINNING; ,
d thence north 88°24'48" west, a distance'of 1027_64 feet to a point;
..,,._ thence south I'�Ol'19" west, 52t?.OS feet to a point;
Q thence south 88"24'48" east, 1,029_43 feet to a point on a line
N parallel ta and �0 feet westerl.y of, measured at rigi�t angles to the
.-� east line +�f said Section 25;
Q theace aorth 0�49'10" east along said parallel line, 520.05 feet to
� the TRUE �'4iNT 4E BEGINNING, .
EXCL"PT that port%on conveyed to the City of Renton for road purpases
by deed recarded under Recording Number 84U124Q272_ '
PARCEL B:
That portion af the northeast quarter of the no�theast guarter of
Sectian 25, Township 23 North, Range 4 East, W.M. , in �King County,
Washington, described as follows:
Gammencing at the inortheast cozner of sai.d Section �25;
thence south (?�49'IOn west alang the east liae of said Section 25, a
distance o.f 180.03 feet ta an intersection with a line para31e1 ta
and 180 feet southerl.y, measured at right angles ta the narth iine
of said Section �5; �
ther�ce northi 87�I2'S9" west, paralle2 with sai.d north line, 20.00
feet to an� intersection with a line parallei to a,xxd 20 feet �
westerly, nneasured at zight angles to, �the east line o£ said �
Sectian 25, said paint being the TRUE POINT OE BEGINNING;
� thence IuoZ'th $?�12'S9" west, parallel to and 180.QC} feet sautheriy
of the north line of said Section ZS, a distance �af I.�26.07 feet;
thence south 1°O1' 19" west, 575.53 feet to the nozthwest corner of
the abave described Parcel A;
thence sauth 88�24`.48" east, It?27.6� feet to a point an a 3.ine �2Q.04
feet westerl.y, measured at righ� angles to* the east I.ine of
Section 25; �
thence north O°49` 10" east para3.iel ta said east iine, SSa.14 feet
ta the TRUE POiNT OF BEGINNING.
��,r. ,�_ �d
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- � � EXHIBIT A (continued) ' '
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EXHIBIT B
TO
RESTRICTIVE COVENANT REGA.RDING LID PARTZCIPATION
VALLBY — WZDE tLID 2)
PR{kYECTS
� 515,8�i8,000
* i,�AKE53ALL" AYENtJt; FR4M 41�AI?Y W�►Y TO �w 15TH ST, � 4�434,OOQ
* flAKESDALE AV�NUE l�ROM $W 16TH ST. TO Sw 31fT ST, $ 4,S75,oD0
� * OAKESDAG� ttVEN�38 PROM 'St9 27TtS ST. TO $hT 318fi. 8T. ¢ 1,469�,400
� '' LIND AVENU'� FROM CRADY WAY TO StA ld'Tft 9T. S 4,A00,040
Q � PP,EL�HxNARY A�&ICN R��ORT FUR I�PRdVEhSS1+TTS
c�,! �o s� �NCLve�a xr� Lio #� S �404,Q04
� � ;94� 4�RL� 9T. LOOP '�'0 $R 16? $ �70.000
C7'�
iTcf�ra� S�s.B+ta,,,�;080
ztte praper�y vwrrers' she�re o�P LID 1 io o�tisnated ta b� �7.41+1,004
0" t�pProxim�tely 37i�14.40 per acre. U� to ��Z of the� pro�er�y
pwnar�' sriare s�ili be paid by rniti��tion fe�r� eRd tho x��ain�l�x by
spe�i�I� a�9s�88mRntA.
REG�+Ql1!►L (LID Z)
P$O►T�CTS
I �XQ.48��500
i MA3t3R AC}�4D CONI�EC�`IQN$ Tt? R�GIdNAL TRAN3PORT�►TIO� SYS2�M
� SW 2�TH ST FROH OAK�S�ALL AVE. T�3 W�BT V1�LLSX
HIGHaIAY S 5.�33,QQt}
* QAKESDALE AVENUE �R'�?Pl SN �l3R0 $'�. Td EAST
pAt,L�Y HIGHWAY $ 2,154,t80
�' GIND �►V�Nt3£ FROM �w �3Rb 5T. 24
�ACT VALLEY HIGHt1TAY 6 8�a,87'0
+' qAR8SDAI,�E AV�NUE� FROM i00NSTr�R FOAb TO 3R 9A0 $ 1,67�r500
Tt}TAi, ,$1Q,�8��SO
Th� property oxnoxa' +�h�►rr of L.xD z is "l/� oi the totr�l. not to
exce�d �4,657,Q00 ar ap�roximattly $4,66? per d�ie .
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