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Home My WebLink AboutRC 9105091426 . ' �r I 1'a • . . � � ♦ . f f � �' . "'R: ' T_' ' PT� _ .� ,y_ \,[J �'J <. ,�, �y; .. y� � - � 1.. f""k . � t;1 w ..� M� :S: Af ter Recording Return to: F!l�ED FOR RF��RD A�' �EQ�ESi u�� ` s= -� :`� oF�ic� a� TM� c��r c��RK � � � G rego ry L. Rus s RENTON MUNICfPAI BLDG� �� . � ' � w s, ER & c z sss 200 MILL AVE. S0. �� :_��-,��`r �.F ...� ��`��`�r. �� 2000 Sky ' Tower �L:.'-=. - . �-'°: �0900 4th � et RENTON, WA 98055 �P-.=„��:��. �:. �;,.;; Be evue, WA 9800 - 1 �,•>_�,�,a_��, a:.�,.�:�. � y�J►�3 RESTRICTIVE COVENANT REGARDING SEWER PARTICIPATION This Restricti e Covenant Regarding Sewer Participation is made this �� day of ! �, 1991 by the undersigned owner of certain land situated in e State of Washington, County of King, and legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property" ) . Owner and Allpak Container, Inc. , a Washington corporation ( "Allpak" ) , 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, at some future date, may wish to extend a � sanitary sewer main north from S.W. 27th Street to service property � � to the north of the Property. Owner granted to the City of Renton a �j 15-foot utility easement for use by the City of Renton to install Q this sanitary sewer (the "Easement") , by virtue of a document � recorded December 12 , 1990 under recording number 9012061026 . In � consideration for the City of Renton' s approval of the Project and granting of a building permit, Owner has agreed to participate in the installation of the extension of this sanitary sewer, according to the terms and conditions of this Covenant . Therefore, Owner hereby covenants, agrees and declares that the Property shall be held, sold and conveyed subject to the Covenant � described herein. 1 . Sewer Participation Covenant . If the City of Renton, in the exercise of their best judgment, determines that there is a need for installation of an extension of the sanitary sewer through the Easement, then the Owner of the portion of the Property on which the Easement is located hereby agrees to participate in the cost of installation of such sanitary sewer line through the Easement; provided, however, that Owner ' s participation shall not exceed one hundred percent ( 100%) of the cost of installing an eight-inch sanitary sewer line through the Easement . The City of Renton shall exercise its rights under this Covenant only upon giving prior written notice to the then Owner of the portion of the Property on �i� �� - �' / �,.� .� �c�f�c�oa�/'�''' S3 S, �O. ��r / � � � . � . ' � .. • • , , , . , . � . , which the Easement is located, and allowing such Owner a reasonable opportunity to comment on the City of Renton' s proposed exercise of its rights hereunder. 2 . Release of Portion of Pro�erty 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 the recording of this Covenant . This Covenant shall continue in effect and shall be binding upon the Property, or the Restricted Use Property, as the case may be, for a term of fifteen (15) years from the date hereof ; provided, however, that , with respect to the portion of the Property released from this Covenant pursuant to paraqraph 2 hereunder, this � Covenant shall terminate and cease upon replatting of the Property. � 4 . Covenants Runninq With The Land. The Covenant granted �i hereunder, and the agreements contained herein, shall run with and 0�9 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 assigns . � 5 . Applicable Law. This instrument is executed under, and ' � w f the State of shall be construed in accordance with, he la s o Washington. OWNER. ,� ��. -- , _ � ; Hans G. Koch -Z- [B-2199h] � . < ` F .. • . . , , ' ' . 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. � i GIVEN under my hand and official seal this o� day of ' ' 19�[. ' I �, � y Public in and for e tate of Wa ington, residing at My commission expires ,r'J� �� ?' � � � � � � � -3- LB-2199h1 --------- — �,, `•�;. � `. ' . � , . ..� ' r EXHIBIT A � PARCEL A: � � That portion of the northeast quarte= of the northeast quarter af Sectivn �5, Tawnship 23 North, Range 4 East, W.M. , in King County, Washington, described as fa3lows: Commencing at the northeast carner of said Section 25; thence sauth O"49'10" west, a3onq the east line of said Sectian 25, a distauce af 18Q.01 feet to an inte=section.with a lirxe pa=a31eI to and 180 feet southerly, measured at =ight angles to the narth line of said Section 25; . • thence north 87'�12'S9" west, paraliel with said na=th line, 20.00 feet ta an intersection with a line parallel tc and 24 feet westerly, measuz�ed at =ight angles to the east line of said Section 25; therice sauth QiD49'10" west alang said parallel •iine, 554.3� feet to the TRUE P4ZNT 4E BEGINNING; . thence north 88�24'�48" west, a distance'of 1.�27_60 feet to a paint; thence south 1401'19a �t+rest, 520.05 feet to a paint; thence south 88�24`48" east, I,fl29.43 feet to a paint an a Iine parallel �Go and 20 feet westerly of, measured at rig�it anqles to the � east li.ae of said Section 25; � fhence uorth 4�49'10" east along said parallel line, 52(?.OS feet to � the TRUE PC?INT OF BEGINNING; � EXCh"PT that portian canveyed ta the City of Renton for road puzposes Q'� by deed recorded under Recording Number 84012402'72. G . � . U'? I"ARCEL B: � . a � That ort:ion of the northeast arter of the northeast arter of Q� P � � Section 25, Townshi 23 North, Range 4 East, W.M. , in Xing Cvunt , P Y 'bed as follows- ' Washington, descri � Cammencin at the nartheast corner of said Sectiori 25; 9' thence iD49`14" west alon the east line o said Section 25 a scuth O g f , � distance of 18Q.41 feet to an intersection with a line arallel �o P � utherl measured at r" ht an and 18fl feet sa y, ig gles to the north line . af said Sectian 25, thence north 8?"12'S9" �rest, paral2el with said north line, 20.04 feet to an• intersection with a line parallel to and .20 feet � westeriy, rneasured at right az�gles ta, t3ie east line of said � Section 25, said point being the 3.'RUE P4INT OE BEGINNING; ' thence north 87"12'S9" west, pa=aliel to and 180.t�0 feet sautherly af the nozth iine of said Section 25, a di.stance Qf 1026.07 feet; o � a thence south 1 O1 I9 west, 575.53 feet to the northwest comer af the above described Parcel A; O f p � thence south 88 24.48 east, 102T.6� feet to a int an a line 24.00 . . � feet westerly, measured at right angl.es ta the east line of . Section 25; � o . n a a thence narth � 49 7.0 east ara3lel to said east Iine, 55_.1_ feet P ta the TRUE POINT 4F BEGINNING. ( .,--�' . � . . t�°�tl��ed1 1Q'`�& �� EX��$.�2 A 2 .,?.23/V s4 a �,�� , ,�;. �� 4l�� \ � 'R,` � ' 4 ; f�, �B• 6��.8 ¢� � �o. � . .. ,- 7.�3`� . ��,,,,,....----� $ . � 4�¢� : , r �j S��f N�Y l�ASF�il� � � x � ��`Y °.� Q `+' � o � "�" � y �; t h V � o _,�; o � __..,.. � 3 �»;, w �. �ts frV"� �,. �••� � �" '�D � :.. ....... ;a, � . .. . �, � ; � . � � � _._ � q. � ....._ `p �:a_ W • � Mt �j� � • �� y � jd�•� � � x�� a� � �7�,�2� � � M• �O "" ,/j��t "` � �'�Cj 4 WRSI�ryC � $ �,,/ � �� w � � f �*�b��.,+� ��i�o �1 E�g�as`c �qot;y 3� �wG �..• � p��,,l�''e�1"�`� ��'�,��""�"��` � �� , � ,= ,,, ,—�� ,—,