HomeMy WebLinkAboutRC 9008150524 ., ' . .
'� , �-.• ���,�� F�R REC��D AT REQUEST t,. �. , � � � . ,
o��+c� oF rEi� ci�r cI�RK
RE�TON MUNICiPAI BLDG. SA-90-062
200 MILL AVE. S0. Al1Pak Container, IN
RENTON, WA 98055
RESTRICTIVE COVENANT REGARDING CHANGE IN USE
This Restrictive Covenant Regarding Change in Use is made this
.?`� day of �/�,� y , 1990 by the undersigned owner of certain
land situated in the State of Washington, County of King, and
legally described on Exhibit A attached hereto and incorporated
herein by this reference (the "Property") .
Owner and Allpak Container, Inc. , a Washington corporation
( "Allpak" ) , intend to develop and build a manufacturing facility
(the "Facility" ) on the Property as part of a project identified
under Project No . ECF;SA-062-90 in the files of the City of Renton,
and commonly known as the Allpak Container Project (the "Project" ) .
Owner and Allpak currently intend to use the Facility, when I
completed, for manufacturing corrugated containerboard and related
products (i .e. , products constructed out of various types of
cardboard) . The City of Renton has agreed to allow Owner and Allpak
to construct and use .the Facility for the foregoing purposes without
� a containment system. However, the City of Renton requires that the
� Owner or any subsequent owner of the Property obtain the City of ;
� Renton' s approval for any change in use of the Property, as set
,� forth in this Covenant .
�
e-� Therefore, Owner hereby covenants, agrees and declares that the
� Property shall be held, sold and conveyed subject to the restrictive
c covenant described herein.
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� 1. Restrictive Use Covenazt . The Owner may use the Facility
on the Property for the primary purpose of operating a business
which manufactures corrugated containerboard and related products
and such other purposes or uses as may be reasonably necessary to
the operation of such a manufacturing business (the "Permitted
Use") . Any other use of the Property by the Owner, Allpak, or
subsequent owners of the Property shall be approved in advance by
the City of Renton.
2 . Release of Portion of Property From Restrictive Covenant .
At sometime in the future, Owner and Allpak intend to replat or
otherwise adjust the existing lot lines on the Property such that
the Facility will be located on an individual parcel or parcels
consisting of approximately the western 475 feet of the Property.
Following replatting or adjusting the lot lines of the Property,
this covenant shall only apply to the parcel or parcels on which the
Facility is located, and such parcel or parcels shall be referred to
in this covenant as the "Restricted Use Property. " The remainder of
the Property, other than the Restricted Use Property, shall be
released from this covenant .
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3 . Term. This covenant shall be effective upon
�a) acquisition of the Property by Owner, and (b) the recordinq of
this covenant . This covenant shall continue in effect and shall be
binding upon the Property, or the Restricted Use Property, as the
case may be, for as long as the Facility continues to exist;
provided, however, that, with respect to the portion of the Property
released from the Covenant pursuant to paragraph 2 hereunder, this
covenant shall terminate and cease upon replatting of the Property.
4 . Request for Approval of Change in Use. The then owner of
the Property, or the Restricted Use Property, as the case may be,
shall provide the City of Renton with at least thirty (30) days
written notice of any intended change in use of the Facility. If
the City of Renton fails to object to the intended use within the
thirty (30) day period, then such owner shall be free to proceed
with the new use and such new use shall be considered a "Permitted
Use" for purposes of this covenant . However, the City may object to
the intended change in use, and require that the owner seeking the
change in use submit to an environmental review and site plan review
by the City of Renton in accordance with the City of Renton' s normal
and customary review procedures .
5 . Covenants Running With The Land. The covenant granted
hereunder, and the agreements contained herein, shall run with and
� burden the Property, or the Restricted Use Property, as the case may
� be, and shall inure to the benefit of and be binding upon the owners
11� thereof, and their successors and assigns .
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� 6 . Applicable Law. This instrument is executed under, and
� shall be construed in accordan� with, t e laws of the State of ,
� Washington.
...,
� OWNER• �
�
ans G. Koch
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STATE OF WASHINGTON )
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COUNTY OF KING )
On this day personally appeared before me Hans G. Koch, to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this � day of �� (.��� ,
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EXHIBIT A
PARCEL A:
� That portion of the northeast quarter of fihe nartheast quarter of
Section 25, `:'ownship 23 North, Range 4 East, W.M_ , in King County,
Washington, descri3�ed as follows:
i
Commencing at the northeast corner of said Section 25;
thence south 0�49` IO" west, along the east 3ine af said Section 25,
a distaance of 18t3.03 feet to an intersection.with a line paral.lel to
and 180 feet southerly, measured at right angles to the north line
of said Sectiox� 25;
' thence narfih 87"12'S9" west, parailel with said north line, 20.04
feet to an intersection with a �ine parallel to and 2{? feet
westerly, measured at right angies to the east line of said
Section 25;
; thexice south Q�49`IO" west along said parallel iiane, 554.32 feet ta
the TRUE POINT {�F BEGINNING- .
thence norf:h 88°24'48" west, a distance� o� 1Q27.60 feet to a point;
thence south 1"�1' 19" west, 524.tJ5 feet to a point;
thence south 88°24'48" east, I,029.43 feet ta a point an a line
parallel ta and 20 feet westerly of, measured at right angles to �he
! east line o£ said Section 25;
� � �hence north O1°49' 10" east along said parallel line, 520.0� feet ta
� � the TRUE PC3INT OF BEGINNING; -
EXCEPT t,�iat portian cor�veyed to the City o£ Renton for raad purposes
i 1j� by deed recorded under Recording Number 8401240272_ �
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� � PARCEL B: �
� �
� That portian of the northeast quarter af the northeast quarter af
Sectian 25, Tawnship 23 North, Range 4 East, W.M_ , in King County, i
Washin�gton, described as follows: ,
Cammencing at the northeast corner of said 5ection 25;
t-hence south O"49' 10" west along the east line of sai.d Sectian 25, a
distance of 18C7.t31 feet to an intersecti.on with a line parallel to
and 18t3 feet sautherly, measured at right angles to the narth line
af said Secti.an 25;
thence north 8?al2'S9" west, paralle3 with said north line, 2Q.OQ
feet to an� i.ritersection with a line parallel to and 2Q £eet
westerly, measured at right angles to, the east line of said
Section 25, said point being the TRUE POINT t3F BEGINI�IING;
thence north 8?"12' �9" west, paralle3. to and 180.00 £eet sautherly
of the nortri line of said Sectian 25, a distance �of IQ26.07 feet;
thence south I°OI' 19" west, 575.53 fee� to the northwest corner o£
the above described Parcei A;
thence south 88"24'- 48" east, 1027.60 feet to a point on a line 20,00
feet westerly, measured at right angles ta the east line of
i Sectian 25;
thence north Oa49' 10" east parallel to sai.d east line, 554. 1� feet
ta the TRUE POINT O�' BEGINNING.
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