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SETTLEMENT AND COVENANT AGREEME'NT�� , � ;�1 �
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THI S SETTLEMENT AND COVENANT AGREEMENT ("A-RELM�iJ"�'�"�)�`-�'rs�---t{ia�$'e---m��
this 37_st day of August, 1993 by and between the CITY OF RENTON
( "City") , a municipal corporation, GILBERT A. SCHOOS and ALICE
SCHOOS ( "Schoos") , a marital community, and the DEPARTMENT OF
ECOLOGS' ( "DOE" ) , a Washington state agency.
Sc:hoos is the owner of real property ( "Property" ) which
contairis a single family residence located at 3825 Lake
Washinc�ton Boulevard North, Renton, Washington. A complete copy
of the legal description of the Schoos property is attached as
Exhibit: A to this Agreement and incorporated herein by this
referer.�ce .
W�.[EREAS, in March 1992 Schoos applied to the City for a
shoreli.ne variance to allow the construction of a minor addition
� to thei.r single family residence as described in their
CQ applica�tion, No. LUA 92-079-ECF; SME; V ( "the Applica�ion" ) ; and
�t'
� TnI�[EREAS, on October 6, 1992 the Renton Hearing Examiner
pissued a decision denying the Schoos shoreline variance; and
O
M WFtEREAS, on November 30, 1992 Schoos filed an appeal of the
Q� Hearinc� Examiner' s decision with the Shoreline Hearings Board
( "SHB" ) , SHB No. 92-55, and the DOE was added as a party to that
appeal; and
WHEREAS, the parties wish to settle this appeal without the
necessity of a hear'ing,
NGW, THEREFORE, in consideration of the mutual promises,
covenan.ts and agreements contained herein, the City, Schoos and
DOE hez•eby agree as follows :
1 . Issuance of Shoreline Variance. Upon execution of this
Agreeme:nt the City agrees to immediately issue the shoreline
varianc�e for the Schoos Property as requested in their
Applica.tion, City file No. LUA 92-079-ECF; SME; V, and send a
copy of the approved shoreline variance to the DOE.
2 . Covenant . As a condition of the shoreline variance,
Schoos agrees and covenants with the City that there will be no
further waterward additions (including but not limited to, decks,
porches and balconies) to the residence located on their Property
beyond what is contained in their Application. Schoos also
agrees and covenants that in the event the City attempts to form
a Local Improvement District ("LID" ) to improve or widen the
private street adjacent to the Schoos property, Schoos agrees not
to protest the formation of such LID. However, Schoos
specifically reserves the right to object to the amount of any
LID assessment imposed on the Property if Schoos deems the amount
of the assessment to be unreasonable.
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3 ,. Variance and Building Permit Conditions. City agrees
that t�iere are no additional conditions to be imposed upon the
shorel�lne variance and that there are no State Environmental
Policy Act, "SEPA-based" , conditions to be imposed upon the
shorel��ne variance or the building permit .
4 ,. DOE Approval . After receipt of the approved shoreline
varianc:e from City of Renton, DOE agrees to approve the shoreline
varianc:e if it is in conformance with the provisions of this
Agreeme�nt .
5 .. Expeditious Review. Upon receipt of the Schoos building
permit application for the addition associated with the
Application, the City agrees to expeditiously review and issue
the building permit .
6 ,. Entire Agreement Included. This Agreement and the
attachE�d Exhibit contains the entire agreement between the
partie:� with respect to the subject matter hereof . There are no
other or different oral agreements between the parties.
��
� 7 ., Modification. This Agreement and the attached Exhibit
� shall riot be modified or amended in any way except in a writing
� . signed by the parties or their successors-in-interest .
0 8 � Agreement to Run with the Property. This Agreement is
M intendE:d to be and shall be binding upon and inure to the benefit
CS: of the respective successors and assignees of the parties . The
benefit;s and burdens created by this Agreement shall be a
covenarit which touches and concerns the land and runs with the
Propert;y. This Agreement shall be recorded upon execution by all
partie:� .
9 .. Enforcement . If any party fails to perform the acts
requirE:d in this Agreement and/or breaches any of the terms of
this Ac�reement, the non-defaulting party shall be entitled to all
enforcE�ment provisions allowable by law including, but not
limiteci to, specific enforcement and injunction in any court of
competE�nt jurisdiction to prevent violation of the terms of this
Agreeme�nt .
1() . Governing Law. This Agreement shall be governed and
constrized in accordance with the laws of the State of Washington.
C I TY Ol� RENTON
���aY� �
It s Mavor Pro tempore �
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ATTEST
Ma��ilyn . tersen, Cftq Clerk
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GILB�R7.' A. SCHOOS
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____��
ALICE �3CHOOS
DEPART N OF ECOLO Y
By
I t s S 4�4e�+2G�-R1ni� �C�i. 5'Et.T IQwJ v PC�NI i�
� STATE C)F WASHINGTON )
�p ) s s .
O COITJ�TTY OF KING )
pOr.� this day personally appe red before me Qrc�s ��� n�..Q��zi�sc�
C� to me k:nown to be the ��-,�,� �Q (�,, �pf the CITY OF RENTON, a
M munici��al corporation t at execu ed the within and foregoing
Q� instrurr�ent, and acknowledged the said instrument to be the free
and vol.untary act and deed of said municipal corporation for the
uses ar.�d purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument .
GI:VEN under my hand and official seal this � day of
��� ��� , 19 9 3 .
�o�-�✓ e� ����(s Q-�
C_��� �t Npt�So t.�
(Print name of notary)
NOTARY PUBLIC in and for the
State of Washington, residing
at
My commission expires a-
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STATE OF WASHINGTON )
) ss .
COUNTY OF KING )
Ori this day personally appeared before me Tatrt Mt4K�
to me ]�.nown to be theSk.a.�4tNds M�MT �•��P�e�EPARTMENT OF �
ECOLOG�.' that executed the within and foregoing instrument, and
acknow7_edged the said instrument to be the free and voluntary act
and deE:d of said �M M A(ZK for the uses and purposes
thereiri mentioned, and on oath stated that he/she is authorized
to exec;ute said instrument .
G]:VEN under my hand and official seal this 2��` day of
S�,he,.i.t,`p�2 , 1993 .
�- L. A R. A N t�E Rso�
Op (Print name of notary)
� NOTARY PUBLIC in and for the
State of Washington, residing
� � at''�'�nu.R.s�-o� Ce c,�,.r�y
_ My commission expires ryRRC K s-9� t99 to
f'+''; ,
C7;
STATE OF WASHINGTON )
) ss .
COUNTY OF KING )
On this day personally appeared before me GILBERT A. SCHOOS,
to me l�:nown to be the individual described in and who executed
the wit:hin and foregoing instrument, and acknowledged to me that
he sigried the same as his free and voluntary act and deed for the
uses arid purposes therein mentioned.
G}=VEN under my hand��d� ' cial seal th' s 31st day of
August,. 1993 . `
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�2 :� �� �; Z: (Print name of notary)
s O;? �� �; _.' NOTARY PUBLIC in and for the
�d ��� ��;: ���� State of Washington, residing
�••� ''•....�'����0 at Kent .
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�4�� STq'YE ����� My commission expires 2-15-96 .
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Schvos Legal Description
3825 Lake Washington Blvd N
Lots 23, 24, and 25, Block A,Hillman's Garden of Eden#2 and adjoining shorelands,
less F►ortion lying southerly of the following described line: Beginning at the NE corner of
Lot 25, thence southwesterly along easteriy line of said Lot 25 6 ft&to the point of
begiruung; thence north 73-OZ-49 W. 33.68 ft, thence south 88-42-39 W. PLW north line
of sai.d Lot 25 255 ft more or less to the inner harbor lines and terminus of said described
line.
C'�'"; -
� All that portion of Burlington Northern Railroad Company's
p (formerly Northern Pacific Railway Company) Lake Washington Belt
� Line right of way,now discontinued, lying Westerly of a line parallel with
� and. 35.0 feet Westerly,measured radially from the Main Track centerline
�. loc��ted adjacent to Lot 23 through 25 inclusive in Block "A" of C. D.
M Hil:lman's Lake Washington Garden of Eden Addition to Seattle No. 2,
Q% accc�rding to the plat thereof recorded in Volume II of Plats, Page 64, in
Kin�g County,Washington, all located in the Northwest quarter (NW�) of
Section 32,Township 24 North, Range 5 East of the Willamette Meridian,
• moi•e particularly described as follows:
Commencing at an iron pipe at the Northeast corner of Lot 25 of said
Blo�ck "A"; thence from a radial bearing of South 56°14'06" East, along a
curve to the left, through a central angle of 0°10'0?", a radius of 2038.59
feet; and curve length of 6.0 feet to the Point of Beginning; thence from a
rad:ial bearing of South 56°24'13"East, along a curve to the right, through
a ce:ntral angle of 01°33'14", a radius of 2038.59 feet and a curve length of
55.:�9 feet; thence North 88°42'39"East 18.68 feet along the North of said
Lot 23 extended; thence from a radial bearing of South 54°32'08" East,
alo�ig a curve to the left through a central angle of O1°44'28", a radius of
2023.59 feet and a curve length of 61.49 feet; thence North 73°02'49"
We;�t, 15.66 feet to the Point of Beginning.
A1.1 situate in the County of King, State of Washington.
EXHI�lT � �
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