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Home My WebLink AboutRC 9707090556 d r WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton,WA 98055 Document Title(s) : (or transactions contained therein) 1. TERMINATION OF RESTRICTIVE COVENANTS 2. AND VACATION OF EASEMENT *Z•c,c First American Title 3. :� 1 4. Insurance coapany 4. Reference Number(s) of Documents assigned • 4�'f` AM.'S' or released: Rec. No.' 8507250538 10-003' Additional numbers on page of 3500ktY 7� document 3�Z3� (this space for title company use only) Grantor(s) : (Last name first, then first name and initials) CT: 1. CMD REALTY INVESTMENT FUND II, LP CD 2. O 3_ 4 �' (7) 5. _ Additional names on page of document Grantee(s) : (Last name first, then first name and initials) 1. TEE AUSTIN COMPANY 2. 3. 4_ 5. Additional names on page of document Abbreviated Legal Description as follows: (i.e. lot/block/plat or section/township/range/quarter/quarter) 19 - 23N - SE, NE SW Complete legal description is on page 2 of document Assessor' s Property Tax Parcel/Account Number(s) : ,� 334040-3325-07; 334040-3330-00; 334040-3320; 334040-3341 O a 0 r3 ' W 01 A C7 c1 0 NCS REQUIRED EXCISE T.Re lards Division ' Ing • o+ ,Deputy o + m • TERMINATION OF RESTRICTIVE COVENANTS AND VACATION OF EASEMENT THIS TERMINATION OF RESTRICTIVE COVENANTS AND VACATION OF EASEMENT is executed this y'7 day of 'u Ne, 1997 by CMD REALTY INVESTMENT FUND II, LP, an Illinois limited partnership ("CMD") and THE AUSTIN COMPANY, an Ohio corporation ("Austin"). RECITALS: A. CMD is the owner of the following described real property situated in Renton, King County, Washington ("CMD Property"): Lots 1 and 4 of City of Renton Short Plat No. 022-85, recorded under Recording No. 8507169002, records of King County, Washington. Situated in the City of Renton, County of King, State of Washington. B. Austin is the owner of the following described real property situated in Renton, in King County, Washington ("Austin Property"): Lots 2 and 3 of City of Renton Short Plat No. 022-85, recorded under Recording No. 8507169002, records of King County, Washington. Situated in the Cityof Renton, Countyof Kin State of Washington. Crd 9, 9 C. The lots comprising the CMD Property and the Austin Property were created pursuant to Short Plat No. 022-85, recorded under Recording No. 8507169002, records of King County, Washington ("1985 Short Plat"). D. The lots comprising the CMD Property and the Austin Property are encumbered by a certain Declaration of Restrictive Covenants recorded July 25, 1985 under Rec. No. 8507250538, records of King County, Washington ("1985 Declaration"). E. The lots comprising the Austin Property are being further subdivided into nine (9) resulting lots pursuant to an application for short plat submitted by Austin under City of Renton File No. LUA-97-032 ("1997 Short Plat"). In connection with the 1997 Short Plat, the parties desire to (i) release any right or claims to the easement area depicted on the 1985 Short Plat which is located along the common boundary between the lots comprising the Austin Property,and(ii)terminate the 1985 Declaration so that it no longer applies to either the Austin Property or the CMD Property. NOW, THEREFORE, in consideration of the foregoing, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby covenant, declare and agree as follows: (JBSL1/27401/01396/MMC/165520.3) 1. Vacation of Easement Area and Termination of Easement Rights. CMD and Austin hereby declare the easement area depicted on the 1985 Short Plat as a twenty(20)foot wide utility easement, the centerline of which is the common boundary line between Lot 2 and Lot 3 of the 1985 Short Plat, to be terminated and vacated, and CMD hereby relinquishes and releases any rights to said easement area. 2. Termination of 1985 Declaration. Austin and CMD hereby declare the 1985 Declaration, including all covenants, conditions and restrictions set forth therein, to be terminated and no longer applicable to either the Austin Property or the CMD Property. 3. Counterparts. This agreement may be executed in counterparts,and counterpart signature pages may be recorded. IN WITNESS WHEREOF,the parties have executed this instrument as of the day and year first above written. CMD: CMD REALTY INVESTMENT FUND II, LP, an Illinois limited partnership By: CMD REIM II Inc., L7 an Illinois cor, ration, general partner /11-- Cr) By: Its: /Cc's gigSro C4'J AUSTIN: THE AUSTIN COMPANY, an Ohio corporation By: i �7,zz. Its: ram /:ro /f'00 (JBSL1/27401/01396/MMC/165520.3) 2 1. Vacation of Easement Area and Termination of Easement Rights. CMD and Austin hereby declare the easement area depicted on the 1985 Short Plat as a twenty(20)foot wide utility easement, the centerline of which is the common boundary line between Lot 2 and Lot 3 of the 1985 Short Plat, to be terminated and vacated, and CMD hereby relinquishes and releases any rights to said easement area. 2. Termination of 1985 Declaration. Austin and CMD hereby declare the 1985 Declaration, including.all covenants, conditions and restrictions set forth therein, to be terminated and no longer applicable to either the Austin Property or the CMD Property. 3. Counterparts. This agreement may be executed in counterparts, and counterpart signature pages may be recorded. IN WITNESS WHEREOF,the parties have executed this instrument as of the day and year first above written. CMD: CMD REALTY INVESTMENT FUND II, LP, an Illinois limited partnership 1!) By: CMD REIM II Inc., an Illinois corporation, general partner 0 0 i`• By: Cr) Its: AUSTIN: THE AUSTIN COMPANY, an Ohio corporation 401 6/ ' By: / 4€' / /l/r/Mr Its: !.rte ' '%S err/4&A APPROVAL AND CONSENT OF CITY: The City of Renton hereby consents to the termination of the 1985 Declaration (as defined above). By: .i/ r Its: �k 1r-i A Nv#47404M (JBSL1/27401/01396/MMC/165520.3) 3 3037991032 CMD REALTY INVESTORS 650 PO4 JUL 01 '97 22:52 STATE OF ILC-i.vo is" ) ss. COUNTY OF Co oI • I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this ,S/ day of ...,2;(y , 1997, before me personally appeared �. 5coltr I b ler to me known to be the V, e Qresicae n t of CMD REIM II INC.. an Illinois corporation,a general partner of CMD REALTY INVESTMENT FUND II,L.P.,an Illinois limited partnership, the partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. • otary Public in and for the State of.7/rnotc , residing atm7s'-monro et,cte3n10,Ch(ccuyg!L4(7464 My commission expires: -/9-2oor SEAL" . S'h a n n a "OFFICIAL S�Arr THERESA M.SHANNON 'Type or Print Notary Name] Notary Public,State of Illinois My Commission Expires June 19,2001 Wee This Spite.:rot Noma!Seal Stamp) (JBSL1V401ro13981M14G16SS20 3) 3 • STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 30th day of June , 1997, before me personally appeared William L. Schlatterbeck , to me known to be the VP & Dist. Mgr. of THE AUSTIN COMPANY,the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public in and for he State 41 of WA , residing at Renton ‘iatipa ' . r; My commission expires: 3-1-01 At •••• z` Patricia J. Fink `� �s ft�ap, * [Type or Print Notary Name] 4140 C71 (Use This Space for Notarial Seal Stamp) 5 (JBSL1/27401/01396/M MC/165520.3) • STATE OF WASHINGTON ) ss. COUNTY OF KING 1 certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 71 day of jt,Lt!9 , 1997, before me personally appeared r, t n , to me known to be the aeodifre ASIS-;,sigTHE CITY OF RENTON, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. r.0 - . ,--1' D Notary Pu in and for the State ► w�,� K • .; of Washington, residing at )G `{�SSE /G/ ,5,f'.^ My commission expires:i.' C �..1 - , i `art4# [Type or PrinfCHp z A) .0., ' CallimmoN EXPIRES 6/29/89 (UK Tb!,Spacc for Nomrid Sr!Stamp) 6