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Home My WebLink AboutRC 7807210773 � • � �.�� C �rc� .�r� , t-- � ' t ' , . � , �" `: } � � ' � • . � . . � ,L DECLARATION OF RESTRICTIVE COVENANTS � � WHEREAS, the Milwaukee Land Com an is the owner of the followin real � P Y g . property in the City of Renton, County of King, State of Washington; and C.H.G. trl International, a firm incorporated in the State of Washington, has contracted to i�- i"- purchase the following real property in the City of Renton, County of King, State ' O '"'� of Washington, described as follows: t�3 �.. Q Parcel A: , C� � That portion of Government Lots 13 and 14 in Section 18, Township 23 � North, Range 5 East, W.M. , in ICing County, Washington, AND of Tract � 3, Supplemental Map of Renton Shore Lands on file in the office of the � Commissioner of Public Lands at Olympia, Washington, AND of vacated � Maple Street (formerly Rainier Boulevard) as shown on the Plat of � Earlington, as per plat recorded in Volume 14 of Plats on page 7, ' �� records of King County, Washington, described as follows: q c'�- �` Beginning at the intersection of the East margin of said Maple �i `� Street, as now established, with the North boundary of the Pacific � Coast Railroad Company's riqht-of-way; I thence North 17°19'44" East along said East margin 231.10 feet to �� the true point of beginning; thence North 77 18'45" East 820.14 feet to the East line of said Tract 3; thence Southeasterly along said east line 293.54 feet to the North boundary of said railway right-of-way; thence Westerly along said right-of-way line 917.22 feet to the production Southerly of the Easterly line of Lot 1 in Block 16, in said Plat of Earlington; thence North 24°14'48" West along said production and along said East line and along the Northerly production of said East line 153.26 feet to said East line of Maple Street, as now established; thence North 17°19'44" East 90.31 feet to the true point of beginning; ALSO that portion of said Government Lot 14 AND of said Tract 3, lying Northerly of the above-described parcel, lying Easterly of said East margin of Maple Street and lying Southerly of a line extending due East from the Southeast corner of Lot 28 in Block 10, said Plat of Earlington; NOTE: The bearings hereon refer to the meridian of the Lambert Plane Projection for the 5tate of Washington, North Zone and are equated 1'26'15" clockwise to the bearings used in the description of the property conveyed to Robert L. Edwards by deed recorded under Auditor's File No. 5726111. Parcel B: The following lots in Earlington, as per plat recorded in Volume 14 of Plats on page 7, records of King County, Washington: That portion of Lots 22, 23, 24, 26, 27 and 28 lying South of the South line of Primary State Highway No. 2 as conveyed to the State of Washington by deeds recorded under Auditor's File No's. 2538823, 2537568 and 2534519; ALL in Block 7; ALSO that portion of Lots 9 and 10 together with one-half of the vacated alley adjacent, lying south of the south line of Primary State Highway No. 2; and Lots 11, 12 and 13 together with one-half of the vacated alley adjacent, all in Block 8. AL50 that portion of Lots 3, 4 and 5 described as follows: Beginning at a point on the Southerly line of said Block 9, 158.00 feet Northeasterly of the Southwest corner of Lot 7 in said Block 9; thence at right angles to said Southerly line 88.36 feet more-or-less to the Northerly line of said Block 9; �hence Northeasterly along said Northerly line of said Block 9, 66.00 feet more or less to a point 92.00 feet Southwesterly of the North- easterly corner of Lot 2 in said Block 9; ; � • � • . , . ' ' . . � thence Southeasterly 88.36 feet to a point on the Southerly line of said Block 9, 1.73 feet Southwesterly of the Southeasterly corner of Lot 3 in said Block 9; thence Southwesterly along the Southerly line of said Block 9, 66.62 feet to the point of beginning; ALL in Block 9; ALSO, Lots 3 through 27, inclusive, AND the Southwesterly 10 feet of Lot 2 adjoining, EXCEPT that portion thereof conveyed to King County for street purposes by deed recorded under King County Recording No. 766800; ALL in Block 10; ALSO Lots 1 through 24, inclusive; ALL in Block 11; ("') ALSO Lots 1 through 7, inclusive, and Lots 15 through 28, inclusive; , � ALL in Block 12; � 0 ALSO Lots 15 through 24, inclusive, N EXCEPT that portion of Lots 19 and 20 conveyed to the State of ~ Washin ton for State Road No. 2 (Sunset Boulevard West) b deed O g Y � recorded under King County Recording No. 2545569; AND EXCEPT that portion of Lots 15, 16, 17, 18, 21, 22, 23 and 24 conveyed to the State of Washington for State Road No. 2 (Sunset Boulevard West) by deed recorded under King County Recording No. 2594162; AND Lots 25 through 28, inclusive; ALL in Block 13; ' ALSO Lots 1 through 7, inclusive, and Lots 24 through 28, inclusive; ALL in Block 14; ALSO Lots 1 through 24, inclusive, AND Lots 27 and 28; ALL in Block 15; ALSO Lots 1 and 3; . EXCEPT portions conveyed to King County for street purposes by deed recorded under King County Recording No. 766800; Lots 4 through 10, inclusive, AND Lot 12; ALL in Block 16; ALSO, Lots 1 through 14, inclusive, ALL in Block 17; ALSO, Lots 1 through 4, inclusive; ALL in Block 18. Parcel C: Those portions of the Northwest 1/4 of the Southeast 1/4; AND of the Northeast 1/4 of the Southeast 1/4; AND of the Southeast 1/4 of the Southeast 1/4 of Section 13, Township 23 North, Range 4 East, W.M. , in King County, Washington, bounded on the Southwesterly side by the Northerly boundary line of the 100 foot wide right-of-way of the Pacific Coast Railroad Company, on the Easterly side by the Westerly boundary of the plat of Earlington, as per plat recorded in Volume 14 of Plats on page 7, records of King County, Washington, and on the Northerly side by a line drawn from the Northwesterly corner of Lot 15, in Block 13, of said plat of Earlington and running thence Westerly a distance of 1250 feet to a point on the Northerly line of said Pacific Coast Railroad Company right-of-way, said point being at right angles to the centerline of the main tracks of the Pacific Coast Railroad Company at a point therein distant about 2050 feet Westerly measured along the centerline of the main track of the Pacific Coast Railroad Company as now located along said right-of-way from the intersection of said centerline with the East line of said Section 13; EXCEPT right-of-way for Primary State Highway No. 2 (Sunset Boulevard West� conveyed to the State of Washington by deed recorded under ', King County Recording No. 2594162. ALL Situate in the County of King, State of Washington. WHEREAS, the owner and purchaser of said described property, hereinafter "the property," desire to impose the following covenants running with the land as to use, present and future, of the property; -2- � < y . " • • , ' � � .. NOW, THEREFORE, the aforesaid owner and purchaser 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: PERMITTED USES � Parcel A: Permitted uses of the property shall be limited to the uses allowed in � Othe B-1 Business District of Section 4-711, Title IV, Ordinance No. 1628, Code of � General Ordinances, City of Renton, King County, Washington. � C� Parcel B: Permitted uses of the northerly 150 feet, parallel to the northerly � (`'� property line of Parcel B, and within 150 feet of existing single family zoned lots within Parcel B shall be limited to the uses allowed in the R-2 Residence District of Section 4-708, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington. The remaining portion of Parcel B shall be limited to uses allowed in the R-3 Residence District of Section 4-709A, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington. Parcel C: Permitted uses of the westerly 700 feet shall be limited to open space and shall be retained in its natural state for use of the public and future residents of the property. The remaining portion of Parcel C shall be limited to uses allowed in the R-2 Residence District of Section 4-708, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington; EXCEPT, that a maximum of 60 dwelling units shall be constructed on this remaining portion of Parcel C. DEVELOPMENT Any and all development of the property shall be subject to the City of Renton approval and shall comply with all the requirements of the Planned Unit Development Ordinance, Chapter 27, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington. A traffic circulation study for traffic and access to, from and within the property shall be submitted to the City of Renton with the Preliminary Development Plan per Section 4-2710, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington. This traffic circulation study shall include an east-west access across the property connecting to Edwards Avenue S.W. , shall include one major access point on S.W. Sunset Boulevard and shall include reasonable attempts to connect Edwards Avenue S.W. to 5.W. 7th Street. DENSITY The maximum nLunber of dwelling units that shall be constructed on the property shall be 528 dwelling units. Within the R-2 zoned portions of the property the maximum permissible density shall be 11 dwelling units per acre; EXCEPT, as otherwise specified for Parcel C hereinabove. BUILDING HEIGHT, SETBACKS AND SCREENING In the R-2 zoned portions of the property, structures shall be limited to a building height of 25 feet and set back 50 feet from any abutting single family zoned property. Within the 50-foot setback the first 30 feet abutting single family zoned property shall be used for a landscape screening buffer. -3- , ; . _, . , , , • . . � � A substantial landscape screening buffer shall be constructed along the westerly boundary of Parcel A which may include the Maple Avenue S.W. right-of-way and along the southerly boundaries of Parcels B and C. EXISTING VEGETATION Until approval of the Preliminary Development Plan, cutting or clearing of existing vegetation or grading of the property shall not occur; EXCEPT, that the � westerly 700 feet of Parcel C shall be preserved as open space including the ~ existing pond. � O N DURATION � �O These covenants shall run with the land and expire on approval by the City of ('� Renton of a Final Development Plan per Chapter 27, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington. It is further covenanted by the undersigned that if a Preliminary Development Plan is not submitted to the City of Renton pursuant to the Renton Planned Unit Development Ordinance, Chapter 27, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington, within two (2) years and substantial construction begun within three (3) years of the filing of these �, covenants, and said construction and development diligently prosecuted toward � completion thereafter, the zoning of said property shall without further City of Renton action revert back to the zoning which existed prior to the filing of this document, and these covenants shall become null and void. Parcel A shall revert to S-1 zoning. Parcel B shall revert to R-1 zoning. Parcel C shall revert to GS-1 zoning. The term "substantial construction" shall mean the physical alteration of the land for construction pursuant to the City of Renton approved Final Development Plan as per the above mentioned Planned Unit Development Ordinance and a valid building permit, or construction of required utilities for such development. The above mentioned time periods may be extended for reasonable cause upon written request to and approval by the Planning Department, City of Renton. Such reasonable cause shall include, but may not be limited to, the requirement of an environmental impact statement pursuant to the State Environmental Policy Act of 1971. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the 5uperior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. Reasonable attorneys' fees incurred during an enforcement proceeding will be borne by the parties whom the court determines are in error and shall be entered as a judgment in such action. � 1 . • v Pierce W. Davis Manager, Real Estate Economics and Resource Development Milwaukee Land Company (owner) -4- , � • . • . . " . , . .. ' � � � � - STATE OF Washington ) COUNTY OF Pierce ) On this ��th day of •J � L � , 19�, before me personally appeared Pierce W. Davis, the person who executed the within and foregoing instrument, and�acknowledged said instrument to be the free and voluntary act ('7 f` and deed of said person for the uses and purposes therein mentioned. � Q IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official � seal the day and year first above written. � ..�'"'^r '';:.,�.. � `� � � .,��.�,��,,,,, ^♦�� ;,.�..•u�.... .. ' .r� `�''``; ,, �;y ,/'',,,/,`.. ,`��G, �. ,�', f ,..,., Nota Public in and f ;tls�'.Srt��ea��.`p r"s. . �Q�. .�' ,., a,�; �l' �',, _ of , re9�ing�5.r�^��_ -t �`Y'�_ =�., � ` .a ; , �,� .�' � .z �.;�ti;��:�\;.�r,�,;�r;��=?� �,��/�— _ :�' �, --. �a' ,_ _ _ _ ,:s y s� �`av�,(r+,, r73-N . �� . , t C' � '. "" ' - ,. ; � 81. Z,.',.� � a ,;��. `�`, '� . .`rCyi� �, r ti,. . ;1. 0,,.•� C ;�4� .�/,( j � i'�~ ,•,, � E';A y �,,,,.�'`� --- ii�,,��,�„�� - �'� __---- Clint Hergert, President C.H.G. International (purchaser) STATE OF WASHINGTON) COUNTY OF KING) On this 17th day of July , 19 78 , before me personally I ' appeared Clint Hergert, the person who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act , and deed of said person for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notar Public i and for the State of Washington, residing in Tacoma -5- I , > > ----'_`��_------ � � � -- . " -- � s � �_- � { ` 'I, . � �,��! � � � .��►�..G� E�" �� . CZ. �'y��',,.,,,.,w,,,,.,_t �.�r•w �.�...-M.----�. OFFZGE nF THE CITY CLERK RENTON h1UNICIPAL BLI?G. 200 MILL AVF. SOUTH RENTC}N, WASH. 98055 I'I � � II� �` � �i C'-' '� r-- � �.- CU � � r I � I '',, ', �