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HomeMy WebLinkAboutRC 8809230157 4y`. „F ��1�'��P AEC�RD AT Rf Q�ES �'� � . � � � � • CU-116-86 �� � �~ � _ _ .._ __ O�ICE A� TNE C6TT ClERK `;:;:+�-���..���`�` ��::`�-;�;� �; ��E�c:t � �,;. :-��-� ���iON N��lG9PAl BE�6. �:H�,��,� :�::+:�::�:�„�7�� 2�8 ��tl AYE. SO. RESTRICTIVE COVENANTS � � RENiB�, �II 96Q55 1. ARCO will install their state-of-the-art � fiberglass, underground secondary containment fuel storage system, which includes electronic monitoring of the spaces between the interior and exterior walls of the tanks and the piping. The final design shall be reviewed by the City of Renton' s consultant, CH2M Hill , and shall include any reasonable modifications suggested by said consultant. 2. ARCO agrees to remove the entire underground system if the gasoline sales operation is terminated or is � discontinued for more than twelve consecutive months. ARCO agrees to be legally and economically responsible for said 0 removal, and failure to do so sY�all entitle the City, upon � reasonable notice of at least thirty days, to enter on the � property and remove said underground syst�m in any o reasonable and necessary manner at the sole expense of ARCO. � Al1 costs incurred by the City, including indirect costs and � interest associatec3 with such a removal , shall be reimbursed to the City by ARCO upon demand . Reimbursement shall be secured by a lien against the property , and the City shall be held harmless by ARCO from any damages or liability with respect to the removal. In addition, any incidental but reasonably anticipated costs of removal such as the costs of closure or interference with current on-site operations, shall be solely the responsibility of ARCO. , 3. ARCO shall complete the City approved street improvement plan for 3rd Avenue N.E. prior to occupancy. 4 . ARCO will not permit the installation and/or use of video ames, inball machines or other such entertainment 9 P devices on the premises. ARCO will not use outside loudspeakers at this facility, except as such speakers are re uired for emer enc and or safet related communications. q 9 Y / Y 5. ARCO has illustrated its intentions regarding landscaping by presenting detailed site plans, as well as displaying a scale model of the facility. Any vegetative buffering , including trees and shrubs which provide a line of sight buffer from current residences to the north of the site , will be initially placed on the site in the approximate size depicted on those plans and/or on the model , which ever depiction involves the most extensive buffering. The veget�tion referenced above will be maintained on the site. This covenant is for the speci£ic benefit of the City of Renton and is enforceable solely by the City of Renton. 6 . ARCO agrees that no portion of this site , which consists of three separate lots, will be sold, nor will the physical layout of the site , as depicted upon the scale model , be substantially altered, unless such sale or .. . � � . • w � J . :• � . e�♦ � � � 1 ' , • ' , . • Z I� • � t 1 alteration is approved by the City of Renton. Such approval shall not be unreasonably withheld and if denied , shall be based upon evidence presented to the Council indicating that such a sale or alteration has specific detrimental effects upon the site or upon the surrounding neighborhood. 7 . The Covenants identified herein shall run with the land , which is legally described as follows: See Exhibit "A" attached hereto and incorporated by reference as if fully set forth. Said Covenants identified herein are for the specific benefit of the City of Renton and are enforceable solely by the City of Renton. 8 . The parties herein agree that the Covenants identified herein shall be binding on all grantees, heirs and assigns. ►` 9 . In the event any paragraph herein is determined to � be unenforceable, for any reason, that shall not affect the 0 enforceability of the remaining provisions herein. c''') May 11 th � Da te d: M�a�.c.�i , 19 8 8. O � �A ATLANTIC RICHFIELD COMPANY a Del�are corporation BY -� �� ��' �1 's ant Vic r i ent �, By � �t�� Assistant Secretary CAT. NO. NN00737 TO 1945 CA(7-82) �ATI7lE I�NUSRANCE (Corporation) �nca+coMwwr STATE OF CALIFORNIA COUNTY OF LOS ANGELES � �• On May 11, 1988 before me, the undersigned, a Notary Public in and for � said State,personally appeared S. L. McDonald �� personally known to me or proved to me on the basis , � of satisfactory evidence to be the person who executed r the within instrument as the Assistant Vice w � = President,and Barbara in s W � personally known to me or � proved to me on the basis of satisfactory evidence to be OFFICtAL CF./�L • the person who executed the within instrument as the BETTY JO 8�.�•E� � E�SS1St3rit NpTpRY pUBIIC - CAI.IFORNIA Secretary of the Corporation � LOS ANGELES COUNiY ` that executed the within instrument and acknowledged � � �mm expires DF'C 23, 1988 - to me that such corporation executed the within instru- � ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official se 1. Signature (This area for official notarial seall