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Home My WebLink AboutRC 8808190390 ' " ' • . .• , • � 'f � • � . . , , � �� . � R-017-88 f� � . �.� � � �-- -< � r,,, Recording Requested By: ?�t'.� ;;� � -r_`..•-� ^ c��r:r' � c';:a�= `� c City of Renton r�� -' 1- • _. --, - �. �;: -�c`.�. � � � - r� � When Recorded Mail To: - _r � Office of the City Cl�rk I, City of Renton ?0�1 Mill Ave�ue South RAr-i#nn, ';11A 98055 Space Above For Recorder Purposes , DECLARATION OF RESTRICTIVE COVENANTS I WHEREAS, FLOYD F. FIGGINS and M. JEAN FIGGINS, husband � and wife, are the owners ("Owners") of the following real Q` property in the City of Renton, County of King, State of 0 Washington, described in Exhibit "A", attached hereto. 0` WHEREAS, the Owners of said described property desire � to impose the following restrictive convenants running with � the land as to use, present and future, of the above cp described real property. NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: PERMITTED USES 1. As a condition of the rezone of this property from B-1 with restrictive covenants permitting professional offices to B-1 general office uses, the following are the only uses to be permitted on the subject site. 2 . Uses shall be limited to general offices as currently described under Title IV, Chapter 4, Section 711 (B) (1) (b) (1) of the Code of the City of Renton described as "b. Offices: 1. All types of business offices. " DURATION These covenants shall run with the land and expire on December 31, 2027. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. L,i l_� .'7!\.? f'{ '�.i 7, L I~i f _ . .� .. _ _ �F: � •„ _ ��3 N,t�,�-•r, � r,E_.� . ....._.. i .. .. . �'•��C,:i.V�:'i._. �<:.;.;.e:-.;:'' -��j s� • ' �� ' � � • ♦ � Any violation or breach of these restrictive convenants 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. � � ` � • � �- . �--r� U^ FLOY F. FIGGIN M. JE FIGGINS STATE OF WASHINGTON ) ss. COUNTY OF KIND ) On the j�' day of August, 1988, before me personally appeared the persons 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 therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. � � � No a ub( c in and for the MStat of Washington residing 0�` at 6"�'`�,'J� Gt/� . o �`s�``� �s�i��s ��9- 9 Z � � � . , , • '. , . � , •. , - /-r-' . _ , . .,_ , • . , .. . � EXHZBZT A „ . �� I3ESCRIPTIQN OF PROPERTY: t 140 feet�s measured alang the Narth line�fof that partion The Eas � of the Sauthwest quarter of the Southwest quarter of SecGion 3 , Township 23 North, Range 5 East, W.M. , described as follows. Beginning at the Southwsst corner of said Section; TH£NCE North 1°23 ' 12" West along the West line of said Section, 1312 .49 feet to the North line of said subdivision; THENCE North 89°24 ' 22"' East along said North line 1323.7� feet to the Northeast corner of sa�d subdivision being the true point of beginning; THENCE South 1°10' 22" East alang the East line of said subdivision, 584 . 56 feet to the Nartherly margin of State Highway No. 2 (Sunset Highway) ; . THENCE Southwesterly alang said Highway 939 , 52 feet; TFiENCE North parallel with the East line of said subdivisian, a distance of 784 . I2 feet ta the North line of said subdivision; THENCE Easterly along said North line 394 .21 feet to the true point of beginning; EXCEPT that portion thereaf conveyed to the City of Renton under Recording No. 6444261; arid • EXCEPT that portion conveyed to the Sta�e of Washington under Recording Na. 7109220126. i � � Situate in the County of King , State af i�2ashington. C� C7` M O t1` ' c0 C� cC? . I � . � �� _ J � a i Z_ � � - - - � . ' , . 'Sunset'Professional Center — AAD-012'-89 Madch 6, 1989 Page 6 8. Since the original reclassification of the property from R-3 to B-1 found that professionai offices including doctors, etc., and even a pharmacy were compatible with surrounding uses and the second reclassification was intended to broaden the uses without introducing incompatible uses, it appears reasonable to give the covenants a wider reading then was provided by the Planning Division. � 9. Therefore, it would be arbitrary and capricious to attempt to prohibit professional offices from any building placed upon the subject site. 10. At the same time, this office cannot read the covenants to permit the establishment of a bank on the subject site. While the use may not have been listed in the otherwise lengthy list of uses permitted in the B-1 zone, it would not appear to be of the nature of uses which are office related and which would be compatible with the adjacent single family uses. Banking can generally be considered a service and is certainly more in line with retail uses then mere business offices. It also could be expected to generate more traffic then general offices. This would certainly be the case if the bank included drive-up windows. This office must conclude that while the phrase "business office" includes professional offices, it does not include general banking services with cashiers, tellers and drive-up windows, although it could include mortgage brokers, financial planners, and other similar financial agents. 11. This decision should be read as an attempt to distinguish those office uses which might have a free-standing or window display sign to catch the attention of passersby, and those offices generally found in larger office buildings where the building might be identified - but individual offices are solely identified on the building's directory and by suite number. The offices found in such a building would not cater to the general public unless the patron had reason to know that such an office was found within the office building. DECISION The covenants in question shall be interpreted as follows: 1. The covenants include all business offices including those providing personal services such as insurance and real estate agents, and those providing professional services such as doctors, lawyers, dentists. 2. General banking, which would include banks containing cashiers, tellers or drive-up windows, are not permitted by the covenants. 3. Nor shall the covenants permit any other type of business which would be expected to, or expects to advertise or cater to the general public with a free-standing or window sign. Identification shall be limited to a building directory and possible identification of the building as long as that name does not refer to a commercial organization. ' ORDERED THIS 6th day of March, 1989. � FRED J. KA .MAN HEARING E AMINER TRANSMITTED THIS 6th day of March, 1989 to the parties of record: William Bechtold Attorney At Law 18032 Starmont Lane Huntington Beach, California 92649 Floyd F. Figgins 4225 NE 19th Street Renton, WA 98056