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HomeMy WebLinkAboutRC 20140606000082 • 111 1 111 1 11 1111 111 11 1 Return Address: 20140606000082 City Clerk KING COUNTY HO COV-RER 74.00 City of Renton PAGE-001 OF 003 1055 S Grady Way KING6COUNTY08WA6 Renton, WA 98057 AUDITOR/RECORDER'S INDEXING FORM Document DECLARATION OF RESTRICTIVE COVENANT Title(s): Grantor(s): KING COUNTY HOUSING AUTHORITY Grantee(s): CITY OF RENTON Legal Lot 2, City of Renton Short Plat LUA-08-137-SHPL, as recorded under Recording No. Description: 20100111900006,records of King County, Washington; said short plat being a portion of Section 32,Township 23 North,Range 5 East,W.M. Assessor's Property Tax Parcel/Account Number: 3223059362 DECLARATION OF RESTRICTIVE COVENANT This Declaration of Covenants, Conditions, and Restrictions is made on this: (i9 day of ,+/VI , 2014, by the KING COUNTY HOUSING AUTHORITY, a Washington municipal corporation, the "Declarant," which is the owner of the following real property known as the "Vantage Point Apartments", situated in the City of Renton, King County, Washington. References to the "community" are references to all of the property subject to this Declaration. Lot 2, City of Renton Short Plat LUA-08-137-SHPL, as recorded under Recording No. 20100111900006, records of King County, Washington; said short plat being a portion of Section 32, Township 23 North, Range 5 East, W.M. DECLARATION OF RESTRICTIVE COVENANT - 1 RECITALS A. Declarant is developing the Vantage Point Apartments as an affordable senior rental facility. B. Given the nature of the units being constructed in the project and the fact that Declarant intends to market the units as senior housing in accordance with the Fair Housing Act, 42 U.S.C. §§ 3601-3631, as it exists or may be amended, it is extremely unlikely that any of the residents of the Vantage Point Apartment will be school age children. C. As a result, the City of Renton agrees to waive the requirement that school impact fees be paid pursuant to RMC 4-1-160. D. In order to assure that the Vantage Point Apartments project does not violate the assumption that the project will not include residents who are school age children, the Declarant agreed to impose this Declaration of Restrictive Covenant on the property. NOW, THEREFORE, the undersigned covenants, agrees, and declares that all of the Vantage Point Apartments are, and will be, held, sold, and conveyed subject to and burdened by the following restrictive covenant: 1. Senior Affordable Units. The Declarant, following completion of construction of the Vantage Point Apartments, shall market all of the apartments as senior affordable units. 2. Payment of School Impact Fees. At any time, in the event that any one or more of the units include residents who are school age (kindergarten through grade 12) children, Declarant shall be required to pay a school impact fee pursuant to RMC 4-1-160, as it exists or may be amended, at the rate then in effect, for each unit occupied by one or more school age children. 3. Non-Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. 4. Covenant Running with the Land. This covenant is intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Vantage Point Apartments, their heirs, executors, administrators, successors, grantees, and assigns. 5. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. EXECUTED this of iv yw 2014. KING COUNTY HOUSING AUTHORITY DECLARATION OF RESTRICTIVE COVENANT - 2 Qby L 1& title +. 1 *r- ap STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The undersigned, a N tart' Pubic ,ad for the State of Washington, duly commissioned and sworn, ffirnx that VOL/WIG4 personally appeared before me, is known to be the 4t vd" of the KING COUNTY HOUSING AUTHORITY, a Washington nkni pal corporation, who executed the foregoing instrument, and acknowledged this instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this'Iday of /Li__ , 2014. P ' ted name: �l�d-' /M-e._ ���/T _3�i-.,,,...t�F� �,,,� Notary Public/y-1 and fo� State of Washington, :.tick�t��44% �': residing at /L�,t� : o s s s /, s s2 - My appointment expires� J �G/ ; Q o .••••. s f- P P �y ,,, Pue� ^� "', 4reOFv4 . - 1131-covenant re school fees 6-5-2014 DECLARATION OF RESTRICTIVE COVENANT - 3