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HomeMy WebLinkAboutRC 9506302928FILED FOR RECORD E f WARREN & KELLOGG, P.S. / ATTORNEYS AT eW-1 00 t P.O. Box 626, R WA 98057 RESTRICTIVE COVENANT COMES NOW the City of Renton, a Washington municipal corporation, as owner of certain real property, and does impose a restrictive covenant upon the following described real property: See Exhibit A attached hereto and incorporated by reference as if fully set forth in satisfaction of a term of the Real Estate Purchase and Sale Agreement entered into between Joseph McAskill and Nedralyce McAskill, husband and wife, as sellers ("McAskill"), and the City C1 of.Renton as purchaser, dated July 28, 1994. y At such time and upon the terms set forth herein, the City of Renton shall construct a fence along the boundaries between itl ownership, as burdened by this restrictive covenant, and the ownership owned by McAskill or their successors in interest, with the City performing all labor and paying all costs associated with the construction. If McAskill still owns the land to be benefited by this fence, at the time the fence is to be constructed, the fence to be installed shall be a wood fence or equivalent, with the design, materials and specifications to be approved by McAskill in writing. The fence to be constructed will run east -west along the north boundary of the west portion oftheparcel burdened by this restrictive covenant, to the point on that boundary where the boundary turns to the north, and thence northerly along the west boundary of the northern portion of the parcel burdened by this restrictive covenant. The fence will be along the two boundaries which separate the City of 1 RESTRICTIVE COVENANT 1 j art 3N]3?3 Aik03 > Renton's property and the McAskill's property, the north -south line and the east -west line, and will be constructed on the McAskill property if desired by McAskill. A map is attached hereto to show the approximate location of the proposed fence. The City of Renton will provide McAskill with at least thirty (30) days written notice prior to initiating any improvements on the real property described on Exhibit A, at which time McAskill shall have the right to require that the City of Renton immediately commence and complete construction of the fence or, in the McAskills' sole discretion, to allow the improvements to be constructed and retain the right to require the fence construction at some future date. For purposes of this 0'1 paragraph, "improvements" shall not include drainage improvements or maintenance or repairs on the premises, but shall include demolition of existing structures. Should the City of Renton not sn timely install the fence as required by this covenant, then McAskill shall have the right to file a lien or other form of notice of failure to comply with the restrictive covenant, and the McAskills shall have the right to recover all costs and attorney's fees incurred if the City fails to perform this obligation in the manner set out herein and the McAskills incur costs and fees as a result thereof. The City's failure to construct, or commence and diligently pursue completion of the construction of the fence within one month after the McAskills' request, after initiation of any improvements on the premises, shall be an event of default, and the McAskills may pursue all remedies available to them to enforce the obligations hereunder, RESTRICTIVE COVENANT - 2 including but not limited to the 'recovery of damages and construction costs and including the right to construct the fence themselves (or reconfigure it if not done in accordance with approved specifications) and recover the cost from the City of Renton. Once constructed, the City of Renton may not remove the fence without replacing it with a comparable structure. The City of Renton shall maintain the fence in good condition and repair. McAskill shall have the right to use the barn and tennis court currently located on the premises burdened by this restrictive covenant, and that right shall continue until such time as the City of Renton decides to demolish those structures. When the City decides to demolish those structures it shall give the McAskills at least sixty (60) days prior notice. The McAskills shall have the first right to relocate both of the structures at their sole expense and risk. If the City of Renton C does not comply with this covenant, then the McAskills shall have the right to their costs, attorney's fees and damages, if any, caused by the breach of this covenant. Any use by the McAskills, their invitees or agents, shall be at their risk. The right to use the barn and the tennis court is personal to the McAskills and shall not be assignable to any third party and shall not run with the land. The McAskills are familiar with the barn and tennis court, and shall continue to be so informed throughout their usage of them. The McAskills are on notice that the City of Renton will not make repairs to or maintain the barn or tennis court, and the McAskills shall use the barn and tennis court at RESTRICTIVE COVENANT - 3 their risk and shall inform any person using the structures or tennis court that their use is at their risk. This restrictive covenant is for the benefit of McAskill and the real property described on Exhibit B attached hereto and incorporated by reference as if fully set forth, and is binding on the successors and assigns of the City of Renton. DATED THIS day of V 1995. THE CITY OF RENTON E Clymer, Ma,or ATTEST, T M O i By: Marilyn Peters*erl 'Cit'y STATE OF WASHINGTON ss COUNTY OF KING )"s I certify that I know or have satisfactory evidence that Earl Clymer signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: i cam• ,, A CITY13:39.as r RESTRICTIVE COVENANT - 4 1995. Notary Public in and for the state of Washington. Notary: My appointment expires: EXHIBIT A - O-RT10 OF TiE-: NOR Tri 0.00 F=— T OF THE N 0 R THE.-_ST. Q :A*-RT-R OF Tr: 'NkT= ,PST QUARTER OF SECTION TO',,S—= -3 NORi NC-E 5 EAST W_M- LYI'-°G NORTEi A,' `D EA.S T OF NE',XCASTLE ROAD NO. 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