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HomeMy WebLinkAboutRC 8102230353 � „ ��` ' DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, CF/CHG, a joint venture between CHG INTERNATIONAL, INC. , a Washington corporation, and CADILLAC FAIRVIEW/WASH- INGTON, INC. , a Washington corporation, is the owner of the following described real property (the "Property") in the City of Renton, County of King, State of Washington: PARCEL B: The following lots in Earlington, as per plat recorded in Volume 14 of Plats on page 7 , records of King County, Washington: t'7 That portion of Lots 22 , 23 , 24 , 26, 27 and 28 lying � South of the South line of Primar State Hi hwa No. 2 � Y g Y as conveyed to the State of Washing�on by deeds recorded � under Auditor' s File No' s. 2538823 , 2537568 and 2534519 ; N ALL in Block 7; p ALSO that portion of Lots 9 and IO together with one- half of the vacated a11ey 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 . ALSO 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 ; thence Northeasterly along said Northerly line of said Block 9 , 66. 00 feet more or less to a point 92 .00 feet Southwesterly of the Northeasterly 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 5outheasterly 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 ,_. �4� ���'•���� 10 feet of Lot 2 adjoining, �._:� i-r;��.+ ��� �. ����:� EXCEPT that portion thereof conveyed to King County for •�r �-7'•.. �;: " r...; street purposes by deed recorded under King County Record- r'� �"=a ing No. 766800; ALL in Block 10; ,_..� ALSO Lots 1 through 24 , inclusive; AL� in Block 11; �:� ALSO Lots 1 through 7, inclusive, and Lots 15 through �� 28, inclusive; ALL in Block 12; �-- .. :�- . � -1- ` i� ALSO Lots 15 through 24 , inclusive, EXCEPT that portion of Lots 19 and 20 conveyed to the State of Washington for State Road No. 2 (Sunset Boule- vard West) by deed 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 c� 28, inclusive; ALL in Block 14; ln �� ALSO Lots 1 through 24, inclusive, AND Lots 27 and 28 ; ALL in Block 15; N N ALSO Lots 1 and 3; O EXCEPT portions conveyed to King County for street pur- � poses 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 Sec- tion 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 Nor�therly 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 center�.ine with the East line of said Section 13; -2- . ( EXCEPT right-of-way for Primary State Highway No. 2 (Sunset Boulevard West) conveyed to the State of Wash- ington by deed recorded under King County Recording No. 2594162. I ALL Situate in the County of King, State of Washington. I � WHEREAS, at the direction of the City of Renton, the previous ' owner of the Property, on July 17, 1978, imposed restrictive � covenants running with the Property, and with certain other I property; ' ("') � � WHEREAS the arties desire to substitute for the Jul 17 , c� , P Y O 1978 covenants new restrictive covenants running with the � Property and governing its use, present and future; and N N O WHEREAS, the parties have by instrument recorded simultaneously � with this Declaration, withdrawn the July 17 , 1978 covenants and declared them to be void and of no further effect; NOW, THEREFORE, the parties hereby establish, grant and impose restrictions and covenants running with the Property as to the use of the Property by the undersigned, their successors and assigns as follows: Permitted Uses 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 with 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 limTited 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, -3- . ' . , , Chapter 27, Title IV, Ordinance No. 1628, Code of General Ordinances, City of Renton, King County, Washington. Density The maximum number 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 M density shall be 11 dwelling units per acre; EXCEPT, as � otherwise specified for Parcel C hereinabove. � ' C� Building Height, Setbacks and Screening (''� NIn the R-2 zoned portions of the property, structures shall 0 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. A substantial landscape screening buffer shall be constructed along the southerly boundaries of Parcels B and C . Open Space The westerly 700 feet of Parcel C shall be preserved as open space including the existing pond. Duration These covenants shall run with the land and expire on approval by the City of Renton of a Final Development Plan for the Property per Chapter 27 , Title IV, Ordinance No. 1628 , Code of General Ordinances, City of Renton, King County, Washington. Parcel B shall revert to R-1 zoning classification, and Parcel C shall revert to GS-1 zoning classification, if, on or before the date which is one year following the recordation of this Declaration of Restrictive Covenants, the following public improvements are not constructed or bonded for in , accordance with the written bonding requirements delivered to CHG International, Inc . on January 7 , 1981 by the Public Works Department of the City of Renton: � 1. Water lines in accordance with plans dated February 4, 1981 submitted by CHG International, Inc. to the City of Renton; 2 . Sewer mains in accordance with plans dated February 4. 1981 submitted by CHG International, Inc. to the City of Renton; -4- . •• , • . 3. Traffic improvements in accordance with condition number 3 of the Report and Recommendation to the Renton City Council of the Office of the Land Use Hearing Examiner, dated July 14, 1980 on PPUD-052-80; 4. Street improvements in accordance with plans dated February 4, 1981submitted by CHG International, Inc. to the City of Renton; and 5. Storm water retention system in accordance with plans dated February 4, 198lsubmitted by CHG Inter- � national, Inc. to the City of Renton. pThe above mentioned time limit may be extended for reasonable � cause upon written request to and approval by the Planning N Department, City of Renton. O � Enforcement Any violation or breach 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 Property who are adversely affected by said breach. Reasonable attorney' s 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. Amendment This Declaration is being executed at the direction of the City of Renton. The covenants and restrictions set forth herein may be modified or amended at any time by a written agreement signed by all of the executing parties. /�'' G DATED this (D "'� day of�,��.�„�.�z�- , 198 0 � . CF/CHG ASSOCIATES, A Washington Joint Venture By: CADILLAC FAIRVIEW/WASHINGTON, INC. , A W shington orporation By: CHG INTERNATIONAL, INC. , a Washington Corporation ��_ -5- a STATE OF WASHINGTON ) ' ) ss. County of ) On this � � day of , 1981, before me, the undersig en d a Notary Public in nd for the State of Washington, duly commissioned and sworn, personally appeared C� r��c� �1 � . �d Ee 6e,e T and �C�,�� [.J, Gr�f�i.� ' , to me known to be the President and �,.� Secretary, respectively, of CHG INTER- � NATIONAL, INC. , a Washington Corporation, the corporation � that executed the foregoing instrument, and acknowledged the � said instrument to be the free and voluntary act and deed of N said corporation, for the uses and purposes therein mentioned, N� and on oath stated that they are authorized to execute the _,,, said instrument and that the seal affixed (if any) is the ap corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. G�..Pi�Z-�O � v�/--� Notary Public in and� or the State of Washington, residing at �zi STATE OF WASHINGTON ) . ) ss. County of ���q ) -T On this z � day of Fe� �� , 1981, before me, the undersigned, a Notary Public 'n and for the State of Washington, duly ommissioned and sworn, personally appeared �e3�� . 5�.� ' and ����s �!. t� e�� , to me known to be th and 4�l�.;o c �� C�e r�c.- , respe tively, of the CITY OF RENTON, municipal corporation, the corporation that executed the 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 they are authorized to execute the said instru- ment and that the seal affixed (if any) is the corporate seal of said corporation. [4ITNESS my hand and official seal hereto aff ixed the day and year first above written. ���1� �VY1 • ���l.t�X Notary Public in and for the State of Washington, residing at 1��,,,��"on . -7- . � . Approved and Accepted this � day of `� , 1981, by CITY OF RENTON BY: �•�„Q�lt t,> ♦ �. ���►���C.�. Its Mayor BY: �Lf�.[�t/ U_____1!'��� Its Ci ty Clerk ('7 � STATE OF CALIFORNIA ) �� ( ) ss. County of �� V�,c, ) N �' 1981 p On this i -� day of ' , , before � me, the undersigned, a Notary Public in and for the State of Calif�nia , dul commissioned and sw rn, pers na appeared ,c.�,t�Q ��.c.� and � , to e know o be th President and Secretary, respecti ely, of CADILLAC FAIRVIEW ASHINGTON, INC . , a Washington Corporation, the corporation that executed the 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 they are authorized to execute the 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. otary Pub c in and r the S ate f California , residi at � t �C-ciy P�o , OFFICIAL SEAL �t' .m �te -�-�+ °. B�f�NiCE �ANIE3ERG W°G' t���'� NOTARY PJBLIGCALIFORNIA � � ;�ky;�;''�" LOS kNt;ELES COJ��ITY FILED FOR THE REQUEST OF ""°° My Commission Expires Mar.2, 1984� � :s f",��-�. �<- `��''�`� Off�.ce of the C�,ty Clezk Renton Municipal Bldg. 200 Mill Ave. S. Renton, WA 98055 -6- I ---------- � . f"� ; ' � ;?����1R�1r'� ;�il`: �`t : � N �'EE? !�� � � t�7 �#' 'n � � g�-� ::, ,,�.; �:,.�i�i t;, � RECt3kDS � EL�C. � - ��r�+��: � K#�!G �v�f��� . . ..