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HomeMy WebLinkAboutRC 20160108000932 AFTER RECORDING,RETURN TO: Avana Trails, LLC 9675 SE 36th Street, Suite 105 Mercer Island,WA 98040 1111111111111111101111111111 20160108000932 ACH BUILDERS L COV 77.00 PAGE-001 OF 005 01/08/2016 14:53 KING COUNTY, WA DECLARATION OF COVENANT Grantor: Avana Trails, LLC, a Washington limited liability company Grantee: Public The South 1/2 of the South 1/2 of the Northwest 1/4 of the Southeast Abbreviated Legal 1/4 of Section 29, Township 23 North, Range 5 East, W.M., Description: Additional legal description in Exhibit A Tax Parcel Number: 2923059022, 2923059023,2923059168 Reference Numbers of N/A Related Documents: DECLARATION OF COVENANT THIS DECLARATION OF COVENANT ("Covenant"), to be effective upon its recording in King County, Washington, is made and executed this 1 day of "S `fw-acc. , 2016, by Avana Trails, LLC, a Washington limited liability company("Declarant"). RECITALS A. Declarant is the owner in fee simple of that real property located at 10930 SE 172nd Street, Renton, Washington 98055, legally described on the attached Exhibit A (the "Avana Trails Property"). B. Declarant is constructing a 162 unit apartment community on the Avana Trails Property; C. The apartment community shall include a recreation center for the benefit of its residents; D. Among other amenities, the recreation center shall include an indoor great room, kitchen and patio; E. Declarant desires to grant the Public the right to use the indoor great room, kitchen and patio in the recreation center, under the terms and conditions set forth herein. COVENANT NOW, THEREFORE, for adequate consideration, receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Declarant hereby declares as follows: 1. RENTAL RIGHTS. The Public shall have the right to rent the indoor great room, kitchen and/or patio in the recreation center for meetings and functions. The fitness center and leasing office are not available for rental to the Public. 2. RENTAL POLICIES. The apartment community management company employed by the Declarant shall set the policies regarding the rental of the aforementioned by the Public, including, but not limited to, hours of availability, reservation procedures, deposit amounts, insurance requirements and any other terms relative to the subject rental. 3. TERM. This Covenant shall be perpetual and run with the land. IN WITNESS WHEREOF, Declarant has executed this Covenant as of the date set forth above. AVANA TRAILS, LLC a Was ington limited liability company By: Micha Gladstien Its: Manager STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On 2(\k cz`rL3 - , 2016, before me personally appeared Michael Gladstein, to me known to be the Manager of Avana Trails, LLC,the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ••\\\""%til Signature: rL��L �,jv��PAa,Cry, I> Name (Print): �3h�..E'u pa\a(')�uY_, � A itikt ,�'on o NOTARY PUBLIC in and for the State i f •' of Washington, residing at 1'�e O`neV.Wt- N.�►�i 4+ = 'i My appointment expires: )/ //(o EXHIBIT A Legal Description of Avana Trails Property PARCEL A: THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 230 FEET THEREOF, AS CONVEYED TO THE CITY OF RENTON BY DEED RECORDED DECEMBER 27, 1979 UNDER KING COUNTY RECORDING NO. 7912270174; AND EXCEPT THAT PORTION THEREOF, LYING WITHIN THE 60 FOOT WIDE RIGHT OF WAY FOR SECONDARY STATE HIGHWAY NO. 5C (FORMERLY KNOWN AS THE JOHN F. BENSON ROAD), AS ESTABLISHED BY ORDER FILED MARCH 19, 1912 UNDER VOLUME 16 OF THE KING COUNTY COMMISSIONER'S RECORDS, PAGE 592; AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED MAY 14, 1999 UNDER RECORDING NO. 9905141847. AND EXCEPT THAT PORTION CONVEYED TO RICHARD R. NIEMI, SYDNEY J. NIEME, DARLENE R. , BJORNSTAD AND THE DARLENE R. BJORNSTAD TRUST BY JUDGEMENTS RECORDED APRIL 19, 2012 AND JUNE 8, 2012 UNDER RECORDING NOS. 20120419000630 AND 20120608001092 AND 20120608001093 AND DEED RECORDED MAY 29, 2012 UNDER RECORDING 20120529000485. PARCEL B: THE NORTH 100 FEET OF THE WEST 230 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON; EXCEPT THE WEST 30 FEET FOR HIGHWAY. PARCEL C: THE NORTH QUARTER OF THE WEST HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M., IN KING COUNTY,WASHINGTON. 0 UNPLATTED THRESHOLD 1 I m PARCEL BVOL. 164, PG'S. 8-12 r- TAX PARCEL I I z 292305-9168 TRACT A m z ` I I , 37 38 39 40 X- I N. LINE, S. 1/2, S. 1/2, NW. 1/4, m -I Z _____J SE. 1/4, SEC. 29-23-5 m x D W m s PARCEL A [n TAX PARCEL xj 292305-9022 m P- F N Nup S. LINE, NW. 1/4, SE. 1/4, SEC. 29-23-5 N.) ——— w ----- .108TH AVE. SE., 1 • 2 PARCEL CC (1.n1 , 10 111 TAX PARCEL UNPLATTED KELSEY LANE 292305-9023 VOL. 123, 3 • 9 PG'S. 87-88 4 E. LINE, N. 1/4, W. 1/2, W. 1/2, E. 1/2 SW. 1/4, SE. 1/4, .8N Q W. LINE, N. 1/4, W. 1/2, W. /// SEC. 29-23-5 g ® 1/2, E. 1/2 SW. 1/4, SE. 1/4, 7 M NNpS " r g. 10 oN SEC. 29-23-5 T u PALM ,',4&>§ �m1o Q�7 ,n N pp 6 1 2 COURT u " CONDOMINIUM c 'pnz o Z D a(,� o2 ,i _ ° 00 NI 0 -En p 00 moMosg o > -17-3 .. .m `r,2, m Nod S. LINE, N. 1/4, W. 1/2, W. -'o't§ m Z p 1/2, E. 1/2 SW. 1/4, SE. 1/4, o :. *. m ja CO 1.<,' N SEC. 29-23-5 N A 2 n