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HomeMy WebLinkAboutRC 6370351 ;� . . • • . '\� ' . . • • � • � � DECLARATION OF RESTRICTIVE COVENANTS �'�-� � 6.�7�3s/ -- WHEREAS, Clayton Smith and Ruth, his wife, are the owners of �� _ the following real p�operty in the City of Renton, County of King, Q J� / ` State of Washington, described as follows : � The east 394 . 31 feet of the Southwest Quarter � �,�,L�,���--� � (�- of the Southwest Quarter of Section 3, Township ,-�c� � 23 North, Range 5 East, W. M. , lying northerly ������ _9 of Primary State Highway No. 2 , less the easterly ����-��� 140 feet and less all coal and mineral rights. and WHEREAS, the owners of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described real property; NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to the use of the land hereinabove described with respect to the use by the undersigned, their successors, heirs and assigns, as follows : SETBACKS No buildings or structures shall be located I within thirty (30) feet of the north property line. HEIGHT LIMIT No buildings located in the northerly one hundred (100) feet of the above described property shall exceed a height of two (2) stories or twenty-five (25) feet, whichever is less . 5CREENING A sight-obscuring fence of not less than six (6) feet in height shall be placed on and continuously maintained in an attractive and neat manner on the north property line. • �� a . . ' ' . � , . . . Clayton and Ruth Smith Restrictive Covenants Page 2 � LANDSCAPING The initial four (4) feet adjacent to the ' north property line shall be appropriately landscaped and maintained continuously in a neat and clean manner. The remainder of the setback area not required to be land- scaped may be utilized for off-street parking purposes as provided by the laws and ordinances of the City of Renton. Any violation or breach of any of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. � � �2 � Clayton mith � . ut Smit � i i °„�.� � n a . . • . � . . . . ^ • � STATE OF WASHINGTON) ) COUNTY OF KING ) On this � of '�'� , 19 � , before me personally appeared � � and � �• � , his wife, who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes mentioned therein. IN WITNESS WHEREOF, I have hereunto set my hand and af,f'i.,x�c� �-my official seal the day and year first above written. - _� - � � � . ` `.,�`�", �', ;. � . " �,. - . _ .. - : � . , ' . �'rA,� -�-��--�_ . , � ' � ;, ,,��'� . Notary Public in and for the Stat��ashington, re�iding at � � � i i;�s:! V / . � � ' ' • ' � �t�r�If�� Y 1t1:.ri �A� SA-048-88 Recording Request By: � �{� � �? �:��� �� i3i + !;i` ii��t � ��V ''�'" When Recorded Mail To: {�['r� � . . � , •,�yS i1LUt1t'•i,t� t;t : . ; t �� i-,'-�:`i i:..+1 Frf„�li�l,�. r;e Office of the City Clerk K,;!r�; r{�';t�'Y G'E� �•� , , , ;'!_t f_:_ City of Renton 4'i:=C�r�� �... -��_� 200 Mill Avenue South � ='�"i�4~�.l_ ''�"'���'��T�~• '-��-� Renton, WA 98055 �'�=� Space Above For Recorder Purposes ------------------------------------------------------------ MODIFICATION OF DECLARATION OF RESTRT_CTIVE COVENANTS WHEREAS, Clayton Smith and Ruth Smith, husband and wife, the former owners of that real property ("Property") � located in the City of Renton, County of King, State of � Washington, fully described in Exhibit "A" attached hereto, r� entered into a Declaration of Restrictive Covenants O ("Declaration") in an undated document recorded on July 1, � 1968 as Document No. 6370351; and �"� WHEREAS, the former owners of said Property desired to •� impose a series of restrictive covenants running with the � land as to the use � , present and future, of the Property; and WHEREAS, as recited in said Declaration, "Any violation or breach of any of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property � owners adjoining the subject property who are adversely affected by said breach" ; and WHEREAS, WILLIAM M. BECHTOLD and DUANE A. BLAND ("B&B") , the current owners of the Property wish to have the original Declaration modified in order to construct a multi- unit real estate development project on the Property; and WHEREAS, B&B has proposed to the City of Renton and the five (5) current landowners adjoining the Property that the original Declaration be modified as described below; and WHEREAS, the City of Renton and the five (5) current landowners adjoining the Property have all agreed to the modification of the original Declaration as described below; NOWTHEREFORE, the original Declaration is modified as follows with all changes noted by underlining: l. SETBACKS - No buildings or structures shall be located within eighty (80) feet of the north property line. 2 . HEIGHT LIMIT - Only twa (2) buildings shall be � , ! ' • � . constructed within the eighty (80) to one hundred (100) foot property lines running parallel to the north property line at an average building height limited to thirty (30) feet. 3 . LANDSCAPING - The initial (4) feet adj�cent to the north property line shall be appropriately landscaped and I maintained continuously in a neat and clean manner. The I remainder of the setback area not required to be landscaped I, may be utilized for off-street parking purposes as provided in the ordinances of the City of Renton. Any future development project constructed on the property shall include a landscape plan to the satisfaction of the City of Renton which provides for the obscuring of automobile and truck headlights of vehicles entering any parking areas �', nearest to the north property line. ' All other terms and conditions contained in the original Declaration, except those modifications noted � above, shall remain in full force and effect. � � Current owners: � O / - � � %G��Cf�' %i� `l'. li 9 d'S'' I' . � .�� /� � � ILLIAM M. BECHTOLD Date D E A. BLAND Date 'i � ' � STATE OF CALIFORNIA ) � COUNTY OF ORANGE ) ss. I', On November 7, 1989, before me the undersigned, a Notary �, Public in and for said State, personally appeared WILLIAM M. I BECHTOLD proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. � WITNESS my hand and offical seal. � OFFICIAL SEAL 4i!r �- � ' , JANICE C PERUh1FAN � • , m , � NOTARY PUBUC - CAUFORNIA y 1� ary S ignature Y Ox4NGE COUNrv � My com m. expi;es 1UL 17, 1990 ��• STATE OF CALIk'ORNIA ) COUNTY OF _�y/iJ (J,e l}" ) S S. On November �, 1989, before me, the undersigned, a Notary ' Public in and for said State, personally appeared DUANE A. BLAND proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand nd offical seal. � ) SEAL. -•• ���pN�t.Y �'� '� �V6NT1JqA� tary Signature ' „�,oa�,,,E�„�n.�.,00a � J � • � � ' � � EXHIBIT "A" TO MODIFICATION OF DECLARATION OF RESTRICTIVE - COVENANTS THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOW$: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3 , TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON, DE5CRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTYON 3 ; THENCE NORTH 1"23 ' 12" WEST ALONG THE WEST LINE OF SAID SECTION 3 , A DISTANCE OF 1, 312 .49 FEET; THENCE NORTH 89°24 '22" EAST, A DISTANCE OF 1, 323 .77 FEET; THENCE SOUTH 1° 10' 21�� EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3 , A DISTANCE OF 584.56 FEET, TO THE NORTH LINE OF THE 'C�' RENTON—ISSAQUAH HIGHWAY; THENCE SOUTH 62°34 ' 20" WEST ALONG � SAID NORTH LINE A DISTANCE OF 439 . 52 FEET; O THENCE NORTH 1° 10 ' 21" WEST PARALLEL WITH THE EAST LINE SAID , � SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF � 435. 36 FEET TO THE TRUE POINT OF BEGINNING; � THENCE CONTINUING NORTH 1°10 ' 21" WEST A DISTANCE OF 347 . 61 , � FEET; � THENCE NORTH 89°24 ' 22" EAST A DISTANCE OF 254 . 18 FEET; � THENCE SOUTH 1° 10 ' 21 EAST A DISTANCE OF 127 .74 FEET TO A POINT ON A CURVE, THE CENTER OF WHICH BEARS SOUTH 20'38 � 38" EAST; THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 33 . 00 FEET FOR A DISTANCE OF 64 . 09 FEET TO A POINT FROM WHICH THE CENTER BEARS NORTH 48°04 '42" EAST; ' THENCE SOUTH 1°10 '21" EAST A DISTANCE OF 164 . 65 FEET; � � n THENCE SOUTH 88 49 39 WEST A DISTANCE OF 240. 12 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. I