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HomeMy WebLinkAboutRC 20010501001218 CONFORMED COPY 20010501001218 HOFFMAN COV 12.00 PAGE 001 OF 005 05/01/2001 13:05 KING COUNTY, WA SHED RESTRICTIVE COVENANT This Agreement is made, effective as of day of hp ►.I , 2001, by and between Kevin W. Hoffman and Anita M. Hoffman, and their successors, hereinafter referred to as "Grantors" and Kevin W. Hoffman and Anita M. Hoffman, and their successors, hereinafter referred to as "Grantees." This agreement relates to two adjacent properties. Grantors own the property legally described as follows and hereinafter referred to as the "Property": That portion of the northeast quarter of the northwest quarter of the southeast quarter of Section 4, Township 23 North, Range 5 East, W. M., in King County, Washington, described as follows: Beginning at the northeast corner of said tract;thence south 01°07'28" west 30 feet, being the true point of beginning; thence continuing south 01°07'28" west 594.45 feet; thence north 88°14'32" west 315.00 feet; thence north 01°07'28" east 115.46 feet; thence on a curve to the right having a radius of 271.60 feet, a distance of 54.85 feet; thence south 88°19'25" east 193.74 feet;thence north 09°45'05" west 432.56 feet; thence south 88°19'25" east 197.34 feet to the point of beginning. Except the North 250 feet thereof. And except the west 70 feet lying southerly of the south line of Lot 1 Sierra Heights Div.No. 3 Vol. 61 pg. 53 of the King County Auditors office. Grantees own the property legally described as follows and hereinafter referred to as the "Adjacent Property": The west 70 feet of the following parcel lying southerly of the south line of Lot 1 of Sierra Heights Div. No. 3; That portion of the northeast quarter of the northwest quarter of the southeast quarter of Section 4, Township 23 North, Range 5 East, W.M., described as follows: Beginning at the northeast corner of said tract; thence south.01°07'28" west 30 feet, being the true point of beginning; thence continuing south 01°07'28" west 594.45 feet; thence north 88°14'32" west 315.00 feet; thence north 01°07'28" east 115.46 feet; thence on a curve to the right having a radius of 271.60 feet, a distance of 54.85 feet; thence south 88°19'25" east 193.74 feet; thence north 09°45'05" west 432.56 feet; 1 thence south 88°19'25" east 197.34 feet to the point of beginning. Except the North 250 feet thereof. Situate in the City of Renton, County of King, State of Washington. The parties agree as follows: A. The separate adjacent parcels of Grantor and Grantee, described above, were at one time one joined parcel owned by Grantor. Prior to the division of the original parcel into the current separate developed parcels, Grantor constructed a shed on the original parcel. This shed currently sits on the lot line running between the two parcels. B. In the event that the Property and/or Adjacent Property is sold, transferred or assigned to another party other than Grantor or Grantee prior to closing of sale, Grantors agree to remove the existing shed or relocate the existing shed to a location lying entirely within the lot lines of one of the parcels and which is in compliance with the appropriate setback restrictions in place at the time of relocation. The demolition or relocation of the existing shed must be in compliance with local codes and/or regulations governing such action. C. The covenants and restrictions contained in this instrument are to run with the land and shall be binding on all parties and all persons claiming under them for so long as the existing shed remains in its current location. Provided a lot line adjustment, which places the shed within the lot lines of either parcel,has not occurred. All parties claiming by, through, or under the parties shall be taken to hold, agree, and covenant with the parties,their successors and assigns, and with each of them to conform to and observe the restrictions as set forth in this agreement. However, no restrictions in this agreement shall be personally binding on any corporation,person, or persons except in respect to breaches committed during its, his, her, or their seizing of the title of the land. The owner or owners of any of the above-mentioned land shall have the right to sue for and obtain an injunction,prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions, in addition to ordinary legal actions for damages. The failure of the parties or owner or owners of any the above-described properties to enforce the restrictions set forth in this agreement at the time of its violation shall in no event be deemed to be a waiver of a right to do so subsequently. D. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative party. If any modification or rescission of this agreement is made or additional obligation is assumed by either party in connection with this agreement,which would result in noncompliance with local codes and regulations governing residential property, such change(s) will not be binding unless the City of Renton also approves such changes. Approval by the City of Renton in those limited circumstances shall not be unreasonably withheld and shall be in addition to written authorization by both parties. 2 E. This agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Washington. In witness whereof, each party to this agreement has caused it to be executed as set forth below: Dated:404/ ` , 2001 KEVIN W. HOFF , GRANTOR Dated:40.4 ?7 , 2001 11.u1o�, ANITA M. HOFFMANN, GRANTOR Dated:4r, / 02762 , 2001 KEVIN W. HOF ANN, GRANTEE Dated: 4n/ a 7 , 2001 Iif. ( I•,,c ANITA M. HOFFMA , GRANTEE ACKNOWLEDGMENTS STATE OF WASHINGTON ) ) ss. County of King ) I certify that I know or have satisfactory evidence that KEVIN W. HOFFMANN, Grantor, signed this instrument, on oath stated that he executed the instrument, and acknowledged it as his free and voluntary act, for the uses and purposes therein set forth. DATED this 1,,7 day of �,Fe s�l , 2001. ..wasS% 0 / Printr-gfr L y�f �, N PO'Y PUBLIC in and for the State of `Q � s Washington. ' -� t4= My commission expires: /�^��— e9/ rr a,,�c�t 1 '' 0?./A 3 STATE OF WASHINGTON ) ) ss. County of PIERCE ) I certify that I know or have satisfactory evidence that ANITA M. HOFFMANN, Grantor, signed this instrument, on oath stated that she executed the instrument, and acknowledged it as her free and voluntary act, for the uses and purposes therein set forth. DATED this Z7--*--day of /yr/ l , 2001. e.s E�i.y0,111 Print: Nt+Qf t(v� PrON ea,,-!s' '; NOT PUBLIC in and for the State of +021gp�, ,'; Washington. 'sv • V My commission expires: )� "'O/'""°l STATE OF v�f%ASII /o 4-- O 4 � ) County of KING 'I;7OFwASN - ) I certify that I know or have satisfactory evidence that KEVIN W. HOFFMANN, Grantee, signed this instrument, on oath stated that he executed the instrument, and acknowledged it as his free and voluntary act, for the uses and purposes therein set forth. DATEDthis?,,'7 ,;„�ldayof f#®r>/ , 2001. ESE. 1 '1 T---ss1 y0 11'I --* T� � o Print: Or-J 1 Lyvt,f'v '�. NOT• UBLIC in and for the State of • : , Waslungton. ' , 01-e� -.'a? My commission expires: STATE OF W' a` ) �%,\,,....,`, ) ss. County of PIERCE ) I certify that I know or have satisfactory evidence that ANITA M. HOFFMANN, Grantee, signed this instrument, on oath stated that she executed the instrument, and acknowledged it as her free and voluntary act, for the uses and purposes therein set forth. • DATED this ?,0 day ofIP 1 � ,2001. Q�_7. ��S,, ,,}'O`'',i le � Print: 4a1 ye s o - OT 1 tri '/0 NOT PUBLI in and for the State of su '0i . Washington. �/ s / C.) s My commission expires: /0 II 1I440. WAS 4" ��`'` ..,,,,% 4 WHEN RECORDED RETURN TO: Darcy B. Luxenberg DAVIES PEARSON,P.C. 920 Fawcett/P. O.Box 1657 Tacoma,WA 98401 Please print or type information WASHINGTON STATE'S RECORDER'S COVERSHEET Document Title(s) (or transactions contained therein): 1. Access Easement Agreement 2. Shed Restrictive Covenant 3. Restrictive Covenant 4. Grantor(s) (Last name first,then first name and initials) 1. Kevin W.Hoffman 2. Anita M.Hoffman 3. 4. 5. ❑ Additional Names on Page of Document Grantee(s) (Last name first,then first name and initials) 1. Kevin W.Hoffman 2. Anita M.Hoffman 3. 4. 5. ❑ Additional Names on Page of Document. Legal Description(abbreviated: i.e., lot,block,plat or section,township,range) Sec.4,Twnshp 23 N.,Rng 5 E. (Adjacent Property:Lot 1 of Sierra Heights Division No. 3) Legal Description is on Page 1 of Document. Reference Number(s) of Documents Assigned or Released ❑ Additional Reference Numbers on Page of Document. Assessor's Property Tax Parcel/Account Number 042305-9277; 042305-9226 ❑ Assessor Tax#not yet assigned. The Auditor/Recorder will rely on the information provided on this cover sheet. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. dlb/x:lforms\real est\auditor coversheet.doc