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HomeMy WebLinkAboutRC 9103110846 I� - �, ' .. � • � _ ` - , r , "` ~ FP-117-90 r ' DECLARATION O�' COVENANT THIS DECLARATI4N is made by IiOHL EXCAVATING, TNC. EMPLOYEES PROFZT SHARING PLAN, hereinafter referred ta as �Declarant��. I WHEREAS, Declarant is the Owner af certain praperty in King County, Washingtan, legally described as follows: Lots 2 , 5 and 6, Kohl Park Addition to the City of Renton, according to the Plat thereaf recorded in Volume I55 of Plats, Pages �g _ through �, records of King County, Washington. iSituate in King Caunty, Washington. NOW THEREFORE, Declarant hereby declares that all af the properties described above shall be held, sold and conveyed subject j to the following covenant. l. The awners of Lots 2, 5 and b as described above agree to reimburse the City of Rentan, upon demand, far their one-third portion of any expenses incurred by the City af Renton for the � maintenance, if deemed nece�sary by the City of Rentan, of the •� private road delineated in the plat over which Lots 2, 5 and 6 gain � access to the public right-of-way. � 2. This covenant is for the benefit af the awners of Lats Q2, 5 and 6 as described above, and for the benefit of The City of ,� Renton, Washington, a Washingtan municipai carparatian. � 3. The foregoing cavenant shall canstitute a servitude upon Lots 2,5 and 6 described abave, and shall run with the land and be binding upon all grantees and all persons claiming by, through or I under Declarant. The acceptance of any such conveyance by any such grantee shall constitute an agreement on the par�. af any such grantee, far himself, his heirs, devisees, personal representatives, and assigns, to such covenant. 4. This cavenant shall remain in full farce and effect until January 1, 2000, at which time it shall automatically extend for succes�sive periods of ten (10) years each, unless by written agreement of the then Owners of a majority of Lots 2, 5 and 6 described above, and the written consent of the City of Renton. 5. In the event of the violatian or breach af this covenant by any person, the Declarant, the awner of an�r af Lots 2, 5 and 6 � described above o I , r the City of Rentan shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent such vialation or breach, and �.o recover its attornay's fees and other expenses incurred in connection with the violation of this covenant. �� �l��D FOR �ECORD AT REQUE�i��= DECLARATI�N OF COVENANT - 1 Of�IC� OF TNE'�LT��E�#. �}��;,:�.�, �; � REk�TON MUNICIPA�:�t:�� ;�� f�:.-:� � V I 1�� V� �� �.,�, 200 MILL AVE. S4.���:�4 � �.tt ►3;,:, i "'"NTON, WA 980`�i��.t��.�_ �.�.:.�:�►:�, c�r� I 'v. ' � ' . � � � 6. The failure to enforce any right under this covenant shall not be deemed a waiver of the right to do so thereafter, either as to the breach or violation involved or as to any similar breach or violation occurring prior to or subsequent thereto. DATED: November �( , 1990. KOHL EXCAVATING, INC. EMPLOYEES PROFIT SHARING PLAN , by. ��`Z-' '_`.. �;'.� ,,. ' '' --�'L� van F. Christianson, Trustee by �1,..,�� �l• c.�.�,.�.+�.� Delores T. Christianson, Trustee STATE OF WASHINGTON ) ) ss COUNTY OF KING ) � �' I certify that I know or have satisfactory evidence that IVAN � F. CHRISTIANSON and DELORES T. CHRISTIANSON signed this instrument, O — on oath stated that they were authorized to execute the instrument � and acknowledged it as the Trustees of Kohl Excavating, Inc. ' Cj Employees Profit Sharing Plan to be the free and voluntary act of � such party for the uses and purposes mentioned in the instrument. Dated: November � � , 0. t y Public in and for th t te of ashington, residing ' �`s,�*"A��hh . , o��ss,oti F�L My appointment expires: '�/9-�'Z..,, � � �s 99 D5. 3 : 11/�O�10�. ky • s�'.�G ,� 6 . "�' ::e.. �o'°:� I(� o . ��a ..., � � j, C � � � �y. �°e� ''•• r9 9 ,•�'' � : �, ..' O . 79 , �� z_' . ._._ .�'' . . � . ' �1►M ,. !Y� �0. M ... � A•. ..� �,"p n� SH�Nf� ���_ . _. �• ��... �: ,. �.: � . �� � 4� �� ., _ DECLARATION OF COVENANT - 2