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After Recording Return to: FI�ED FOR RECORD AT REQUES�� l�h �li ' "��`
OFFiCE OF THE CITY CLERK
eqo ry L. Ru s s e 1 RENTON MUfVICIPAL BLDG.
WIL , KAS & GIBBS 200 MILL AVE. $�.
2 0 0 o s ky Towe r RENTON, WA 98055 �;.::,-,�,.:,.,,� �.�.:�.�,� �,�
10900 4th St �'��:��• � ;.� •:-�'-'
Bel ue, WA 98004- �'�i-�:�"�=�= s'=� ;-'{-;
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RESTRICTIVE COVENANT REGARDING PROPOSED RIGHTS-OF-WAY
Re rdi Pro osed Ri hts-of-Wa the
� This Restrictive Covenant ga q p g Y �
"Covenant" ) is made this �� day of , 1991 by the
undersigned owner of certain land situated in the State of
Washington, County of King, and legally described on Exhibit A
i reference the
n incor orated herein b th s (
attached hereto a d p Y
"Property" ) .
Owner and Allpak Container, Inc. , a Washington corporation
("Allpak" ) , intend to develop and build a manufacturinq facility and
on-site detention pond (the "Facility" ) on the Property as part of a
'I � project identified under Project No. ECF;SA-062-90 in the files of
� the City of Renton (the "City" ) , and commonly known as the Allpak
d' Container Project (the "Project" ) .
�
OThe Site Plan Review Committee for the City issued its Report
� and Decision on July 25, 1990 regarding the Project, which required,
0 among other things, that Owner comply with all conditions
' � established in the Determination of Nonsiqnificance for the Project
r � dated June 22 , 1990 (the "DNS" ) . One of the conditions contained in
the DNS provided that the Owner "shall not be expected to extend
Oakesdale Avenue, but shall refrain from placing structure or
utility lines on that section of property slated for roadway
, expansion. The City will be obligated to pay a just compensation
for right-of-way at the time the roadway is to be extended. "
Owner and Allpak currently intend to construct a storm water
' detention pond (the "Detention Pond" ) as part of the Project on that
portion of the Property slated for the proposed rights-of-way for
Oakesdale Avenue Southwest and the P-1 Channel (the "Proposed
Rights-of-Way" ) . The parties disagree on whether this Detention
Pond violates the conditions of the DNS, but have agreed to settle
their dispute by recording this restrictive covenant against the
Property.
' Therefore, Owner hereby covenants , agrees and declares that the
Property shall be held, sold and conveyed subject to the restrictive
covenant described herein.
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CQ'�►�'� 44�/Do4�17 S�3�, ���3. `�`� �`�'
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1 . Restrictive Covenant . In the event the City extends
Oakesdale Avenue SW and/or the P-1 channel onto the Property and
utilizes the Proposed Rights-of-Way, then the Owner agrees to
relocate the Detention Pond upon written request from the City of
Renton to the extent the Detention Pond is located on the Proposed ,
Rights-of-Way. If the City requests such relocation, then the Owner
further agrees to sell, and the City agrees to purchase, the
Proposed Rights-of-Way for a purchase price determined as provided
in paragraph 2 of this Covenant . The cost of relocating the
Detention Pond shall be the sole responsibility and cost of the
Owner, and the relocation shall be accomplished in a timely manner
subject to the reasonable satisfaction of the City; provided,
however, that the City shall not require Owner to relocate, move or
otherwise modify the Facility as a result of such Detention Pond
relocation. The time of the relocation shall not exceed 180 days
from the date of written notice by the City to accomplish such
relocation unless this time limit is extended by the City in
writing . Relocation pursuant to this Covenant shall not entitle the
Onwer to any relocation assistance pursuant to state or federal
statutes on eminent domain, or otherwise. In the event that no
unpaved property is available to the Owner to accommodate the
Detention Pond relocation, the paved areas around the Facility will
1n be made available for Detention Pond relocation and the pavement
� surface removed.
� 2 . Notice/Purchase Price. The City shall provide Owner with
� written notice of its election to have Owner relocate the Detention
� Pond and purchase the Proposed Rights-of-Way in accordance with this
� Covenant . Upon receipt of such written notice from the City (the
� "Notice" ) , the Owner and the City shall agree on an independent
� appraiser to determine the fair market value of the Proposed
Rights-of-Way as unimproved land, which fair market value shall be
the purchase price. The appraisal shall not be based on the
substitute land value approach and the fair market value or purchase
price shall not include any damages to the remainder parcel . In the
event the Owner and the City cannot agree upon an appraiser within
thirty (30) days after the Notice, then the Owner and the City
shall, within forty-five (45) days after the Notice, each select
their own appraisers , who shall, within ten (10) days after their
selection, together select a third appraiser . The third appraiser
shall determine the fair market value for the Proposed
Rights-of-Way, and such determination shall be final and binding on
the parties . The decision of the agreed appraiser or third
appraiser, as the case may be, shall be rendered as soon as possible
after selection. Each party shall pay the costs and expenses of the
appraiser selected by that party, and the costs and expenses of the
agreed appraiser or third appraiser, as the case may be, shall be
shared equally by the City and Owner .
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3 . Payment/Documentation. Upon determination of the purchase
price pursuant to paragraph 2 of this Covenant, the City and Owner
shall agree on a closing date, at which time (a) the full purchase
price shall be paid by the City to Owner in cash, and (b) Owner
shall deliver to the City appropriate deeds or other documents
reasonably satisfactory to Owner and the City sufficient to transfer
title of the Proposed Rights-of-Way from the Owner to the City. If
the City and Owner cannot agree on a closing date, then the closing
date shall be thirty (30) days after determination of the purchase
price. Notwithstandinq the foregoing, if the Owner has not
relocated the Detention Pond on or before the closing date, then the
City shall grant the Owner a street use permit to use the Proposed
Rights-of-Way for a reasonable period of time until the Owner has
had a reasonable opportunity to relocate the Detention Pond pursuant
to this Covenant . Should the Owner not begin relocation of the
Detention Pond within a reasonable period of time, or if the Owner
should not make reasonable progress, then the City may notify the
Onwer of its intention to design and relocate the Detention Pond
using City personnel, but at the Owner ' s expense. If the City
should take such a step, it shall provide the Owner with reasonable
notice of its intention to do so in order that the Owner may
� undertake or complete construction, whatever the case may be.
� 4 . 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
Q 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 Property. " The remainder of the
Property, other than the Restricted Property, shall be released from
this Covenant .
5 . Term. This Covenant shall be effective upon
(a) acquisition of the Property by Owner, and (b) the recording of
this Covenant . This Covenant shall continue in effect and shall be
binding upon the Property, or the Restricted Property, as the case
may be, until the earlier of (a) relocation of the Detention Pond
and purchase of the Proposed Rights-of-Way by the City pursuant to
this Covenant, or (b) ten ( 10) years from the date this Covenant is
recorded, at which time this Covenant shall terminate and cease.
Notwithstanding the foregoing, with respect to the portion of the
Property released from the Covenant pursuant to paragraph 4
hereunder, this Covenant shall terminate and cease upon replatting
of the Property.
6 . Notice. Any notices, requests , demands or any other
communications required under this Covenant shall be in writing and
_3_ [B-2139h]
� � �`*' . • ,• .
shall be deemed to have been duly given, made and received when
delivered or deposited in the United States mail, certified mail,
postage prepaid, to the addresses as set forth below:
To Owner : Hans G. Koch
c/o Allpak Container, Inc.
480 Andover Park East
Seattle, WA 98108
With a copy to : WILLIAMS, KASTNER & GIBBS
Attention: Peter E. Peterson
2000 Skyline Tower
10900 NE 4th Street
Bellevue, WA 98004-5841
To the City of Renton: Department of
Planning/Buildinq/Public Works
City of Renton
200 Mill Avenue South
Renton, WA 98055
�
C� With a copy to : Lawrence J. Warren
�?' 100 S. Second Street
� P.O. Box 626
� Renton, WA 98057
�
�
� Notices shall be sent by certified mail or by personal delivery,
Q� and shall be effective three days after deposit in the United States
mail if mailed or upon actual receipt if delivered. The addresses
above may be changed by written notice pursuant to this section.
7 . Covenants Running With The Land. The Covenant granted
hereunder, and the agreements contained herein, shall run with and
burden the Property, or the Restricted Property, as the case may be,
and shall inure to the benefit of and be bindinq upon the owners
thereof , and their successors and assigns .
8 . Attorney Fees . If any party shall bring any suit or action
against the other arising out of this Covenant, the substantially
prevailing party shall be entitled to its costs and attorneys ' fees .
9 . Applicable Law. This instrument is executed under, and
shall be construed in accordance with, the laws of the State of
Washington.
�
OWNEI�
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f/Hans G . Koch
_4_ [B-2139h]
1 ' , � • i` r
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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
therein mentioned.
���
GIVEN under my hand and official seal this � day of ,
19�.
No a Public in and for e at� of
Was ington, residing at
My commission expires ° ' f
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_5_ [B-2139h]
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..r ' EXHZBZT A ' i
PARCEL A: �
� That portion of the r�.artheast quarter af the northeast quarter af
Section 25, Township 23 North, Ranqe 4 East, W.M. , in King County,
Washington, desc�ibed as foilows:
Cotttmencing at the northeast corner vf said Section 25;
thence s�uth O'O49'10" west, a3.ong the east line of said Section 25,
a distance cf 180.01 feet to an inte=section.with a line pazallel to
and 280 �Eeet southerly, measured at right angles to �he north line
af said Sec�.ioa 25; . �
theace nerth 87'�I2'S9" west, parallel with said acrth line, 2�,00
feet to an intersection with a line parallel to and 20 feet
westerly, u�easured at right angles to the east line o.f said
� Section 25;
� thexice sauth O"49'Z(?" west aloag said parallel •iine, 554.32 fe�t to
' the TRUE POZNT OE BEGINNZNG; .
� #hence north 88�24'48" west, a distance'af 10�7.fi0 feet to a poi.rit;
i thence south I."Ol'39" t�test, 520.OS feet to a goint;
� thence south 88�24`48" east, 1.429.43 feet to a point on a line
� parallel to and ZO feet westerly of, measured at right angles to the
'I east li,ne of said Section 25-
� t��i rheace uorth Q�49`IO" east along said parallel 2ine, SZt?.�5 feet ta
O? the TRUE �'OII�Tr OF BEGINNING; •
Q EXC;�:Z'T that Qrtian conve ed to the City of Reaton �Eor road purposes
P Y .
� � unde ecardin Num�iez 84tJ124Q2?2_
by deed recorded r R g
a �
� I'ARGEL B� � .
CT}
I That portion of the nartheast quazter of the aaztheast guarter of
Secti4n 25, Township 23 Narth, Range 4 East, W.M. , in Xing Caunty,
Washin an described as fallows: � '
9� . .
Cammencin at the northeast corner of said Sectiori 25;
9'
thence south 4i°49`1C1" west alonq the east line of said Sectian 25, a
dis�a.nce of I84.01 feet to an intersection with a line parallel �o
and 180 feet southerly, measured at right arsgles to the north 3.ine .
of said Section 25;
thence north 87"12'S9" west, parallel with said north line, 24.Q0
feet to an� intersection with a iine pa�al2el to and ZO feet �
westerly, measured at right angles to, t3ze east la.ne of said •
Section 25, said point beinq the TRUE P4INT OE BEGINNING;
' thence north 87�12'S9" west, pa=alle3 ta and 180.00 feet southerly
vf the no=th 3ine of said Section 25, a distance �of 1026.d7 feet;
thence south 1�01' 39" west, 575.S3 feet to the northwest corner af
the above described Parcei A;
, thence south 88°24'48" east, 1427.60 feet to a point on a line 24.00
�feet westerl measured at right angles to the east iine of
Y•
Section Z5; `
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Q a a
a el to said east 5 i_ feet
th O 49 i0 east rail iine, 5 _.
therYce nor P
to the TRUE Pt�INT OF BEGINNING.
�
, . EXHIBIT A con
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