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HomeMy WebLinkAboutRC 9105091425 ,y � , . - 'r ' � � I • �� �` . „��. . ,. ' ' 1 G,' ' _ � ��J � � • , s-� � a �• �yy�, ' ,..! yv.w:M1� sf: ..i...+ After Recording Return to: FI�ED FOR RECORD AT REQUES�� l�h �li ' "��` OFFiCE OF THE CITY CLERK eqo ry L. Ru s s e 1 RENTON MUfVICIPAL BLDG. WIL , KAS & GIBBS 200 MILL AVE. $�. 2 0 0 o s ky Towe r RENTON, WA 98055 �;.::,-,�,.:,.,,� �.�.:�.�,� �,� 10900 4th St �'��:��• � ;.� •:-�'-' Bel ue, WA 98004- �'�i-�:�"�=�= s'=� ;-'{-; +,t��.H`_=..._ �s:x�=:1'.{3Ls RESTRICTIVE COVENANT REGARDING PROPOSED RIGHTS-OF-WAY Re rdi Pro osed Ri hts-of-Wa the � This Restrictive Covenant ga q p g Y � "Covenant" ) is made this �� day of , 1991 by the undersigned owner of certain land situated in the State of Washington, County of King, and legally described on Exhibit A i reference the n incor orated herein b th s ( attached hereto a d p Y "Property" ) . Owner and Allpak Container, Inc. , a Washington corporation ("Allpak" ) , intend to develop and build a manufacturinq facility and on-site detention pond (the "Facility" ) on the Property as part of a 'I � project identified under Project No. ECF;SA-062-90 in the files of � the City of Renton (the "City" ) , and commonly known as the Allpak d' Container Project (the "Project" ) . � OThe Site Plan Review Committee for the City issued its Report � and Decision on July 25, 1990 regarding the Project, which required, 0 among other things, that Owner comply with all conditions ' � established in the Determination of Nonsiqnificance for the Project r � dated June 22 , 1990 (the "DNS" ) . One of the conditions contained in the DNS provided that the Owner "shall not be expected to extend Oakesdale Avenue, but shall refrain from placing structure or utility lines on that section of property slated for roadway , expansion. The City will be obligated to pay a just compensation for right-of-way at the time the roadway is to be extended. " Owner and Allpak currently intend to construct a storm water ' detention pond (the "Detention Pond" ) as part of the Project on that portion of the Property slated for the proposed rights-of-way for Oakesdale Avenue Southwest and the P-1 Channel (the "Proposed Rights-of-Way" ) . The parties disagree on whether this Detention Pond violates the conditions of the DNS, but have agreed to settle their dispute by recording this restrictive covenant against the Property. ' Therefore, Owner hereby covenants , agrees and declares that the Property shall be held, sold and conveyed subject to the restrictive covenant described herein. �i�� - ql CQ'�►�'� 44�/Do4�17 S�3�, ���3. `�`� �`�' t • •��� � , , �, • � r 1 . Restrictive Covenant . In the event the City extends Oakesdale Avenue SW and/or the P-1 channel onto the Property and utilizes the Proposed Rights-of-Way, then the Owner agrees to relocate the Detention Pond upon written request from the City of Renton to the extent the Detention Pond is located on the Proposed , Rights-of-Way. If the City requests such relocation, then the Owner further agrees to sell, and the City agrees to purchase, the Proposed Rights-of-Way for a purchase price determined as provided in paragraph 2 of this Covenant . The cost of relocating the Detention Pond shall be the sole responsibility and cost of the Owner, and the relocation shall be accomplished in a timely manner subject to the reasonable satisfaction of the City; provided, however, that the City shall not require Owner to relocate, move or otherwise modify the Facility as a result of such Detention Pond relocation. The time of the relocation shall not exceed 180 days from the date of written notice by the City to accomplish such relocation unless this time limit is extended by the City in writing . Relocation pursuant to this Covenant shall not entitle the Onwer to any relocation assistance pursuant to state or federal statutes on eminent domain, or otherwise. In the event that no unpaved property is available to the Owner to accommodate the Detention Pond relocation, the paved areas around the Facility will 1n be made available for Detention Pond relocation and the pavement � surface removed. � 2 . Notice/Purchase Price. The City shall provide Owner with � written notice of its election to have Owner relocate the Detention � Pond and purchase the Proposed Rights-of-Way in accordance with this � Covenant . Upon receipt of such written notice from the City (the � "Notice" ) , the Owner and the City shall agree on an independent � appraiser to determine the fair market value of the Proposed Rights-of-Way as unimproved land, which fair market value shall be the purchase price. The appraisal shall not be based on the substitute land value approach and the fair market value or purchase price shall not include any damages to the remainder parcel . In the event the Owner and the City cannot agree upon an appraiser within thirty (30) days after the Notice, then the Owner and the City shall, within forty-five (45) days after the Notice, each select their own appraisers , who shall, within ten (10) days after their selection, together select a third appraiser . The third appraiser shall determine the fair market value for the Proposed Rights-of-Way, and such determination shall be final and binding on the parties . The decision of the agreed appraiser or third appraiser, as the case may be, shall be rendered as soon as possible after selection. Each party shall pay the costs and expenses of the appraiser selected by that party, and the costs and expenses of the agreed appraiser or third appraiser, as the case may be, shall be shared equally by the City and Owner . -2- [B-2139h] � ' �,� � I ' T' ' r 3 . Payment/Documentation. Upon determination of the purchase price pursuant to paragraph 2 of this Covenant, the City and Owner shall agree on a closing date, at which time (a) the full purchase price shall be paid by the City to Owner in cash, and (b) Owner shall deliver to the City appropriate deeds or other documents reasonably satisfactory to Owner and the City sufficient to transfer title of the Proposed Rights-of-Way from the Owner to the City. If the City and Owner cannot agree on a closing date, then the closing date shall be thirty (30) days after determination of the purchase price. Notwithstandinq the foregoing, if the Owner has not relocated the Detention Pond on or before the closing date, then the City shall grant the Owner a street use permit to use the Proposed Rights-of-Way for a reasonable period of time until the Owner has had a reasonable opportunity to relocate the Detention Pond pursuant to this Covenant . Should the Owner not begin relocation of the Detention Pond within a reasonable period of time, or if the Owner should not make reasonable progress, then the City may notify the Onwer of its intention to design and relocate the Detention Pond using City personnel, but at the Owner ' s expense. If the City should take such a step, it shall provide the Owner with reasonable notice of its intention to do so in order that the Owner may � undertake or complete construction, whatever the case may be. � 4 . 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 Q 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 Property. " The remainder of the Property, other than the Restricted Property, shall be released from this Covenant . 5 . Term. This Covenant shall be effective upon (a) acquisition of the Property by Owner, and (b) the recording of this Covenant . This Covenant shall continue in effect and shall be binding upon the Property, or the Restricted Property, as the case may be, until the earlier of (a) relocation of the Detention Pond and purchase of the Proposed Rights-of-Way by the City pursuant to this Covenant, or (b) ten ( 10) years from the date this Covenant is recorded, at which time this Covenant shall terminate and cease. Notwithstanding the foregoing, with respect to the portion of the Property released from the Covenant pursuant to paragraph 4 hereunder, this Covenant shall terminate and cease upon replatting of the Property. 6 . Notice. Any notices, requests , demands or any other communications required under this Covenant shall be in writing and _3_ [B-2139h] � � �`*' . • ,• . shall be deemed to have been duly given, made and received when delivered or deposited in the United States mail, certified mail, postage prepaid, to the addresses as set forth below: To Owner : Hans G. Koch c/o Allpak Container, Inc. 480 Andover Park East Seattle, WA 98108 With a copy to : WILLIAMS, KASTNER & GIBBS Attention: Peter E. Peterson 2000 Skyline Tower 10900 NE 4th Street Bellevue, WA 98004-5841 To the City of Renton: Department of Planning/Buildinq/Public Works City of Renton 200 Mill Avenue South Renton, WA 98055 � C� With a copy to : Lawrence J. Warren �?' 100 S. Second Street � P.O. Box 626 � Renton, WA 98057 � � � Notices shall be sent by certified mail or by personal delivery, Q� and shall be effective three days after deposit in the United States mail if mailed or upon actual receipt if delivered. The addresses above may be changed by written notice pursuant to this section. 7 . Covenants Running With The Land. The Covenant granted hereunder, and the agreements contained herein, shall run with and burden the Property, or the Restricted Property, as the case may be, and shall inure to the benefit of and be bindinq upon the owners thereof , and their successors and assigns . 8 . Attorney Fees . If any party shall bring any suit or action against the other arising out of this Covenant, the substantially prevailing party shall be entitled to its costs and attorneys ' fees . 9 . Applicable Law. This instrument is executed under, and shall be construed in accordance with, the laws of the State of Washington. � OWNEI� -�. - � \ ' �' �r--� 1 � f/Hans G . Koch _4_ [B-2139h] 1 ' , � • i` r . � STATE OF WASHINGTON ) ) ss . 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 , 19�. No a Public in and for e at� of Was ington, residing at My commission expires ° ' f � � {� !� � � � '� � � � � _5_ [B-2139h] , ,; , . � - . �• , : ..r ' EXHZBZT A ' i PARCEL A: � � That portion of the r�.artheast quarter af the northeast quarter af Section 25, Township 23 North, Ranqe 4 East, W.M. , in King County, Washington, desc�ibed as foilows: Cotttmencing at the northeast corner vf said Section 25; thence s�uth O'O49'10" west, a3.ong the east line of said Section 25, a distance cf 180.01 feet to an inte=section.with a line pazallel to and 280 �Eeet southerly, measured at right angles to �he north line af said Sec�.ioa 25; . � theace nerth 87'�I2'S9" west, parallel with said acrth line, 2�,00 feet to an intersection with a line parallel to and 20 feet westerly, u�easured at right angles to the east line o.f said � Section 25; � thexice sauth O"49'Z(?" west aloag said parallel •iine, 554.32 fe�t to ' the TRUE POZNT OE BEGINNZNG; . � #hence north 88�24'48" west, a distance'af 10�7.fi0 feet to a poi.rit; i thence south I."Ol'39" t�test, 520.OS feet to a goint; � thence south 88�24`48" east, 1.429.43 feet to a point on a line � parallel to and ZO feet westerly of, measured at right angles to the 'I east li,ne of said Section 25- � t��i rheace uorth Q�49`IO" east along said parallel 2ine, SZt?.�5 feet ta O? the TRUE �'OII�Tr OF BEGINNING; • Q EXC;�:Z'T that Qrtian conve ed to the City of Reaton �Eor road purposes P Y . � � unde ecardin Num�iez 84tJ124Q2?2_ by deed recorded r R g a � � I'ARGEL B� � . CT} I That portion of the nartheast quazter of the aaztheast guarter of Secti4n 25, Township 23 Narth, Range 4 East, W.M. , in Xing Caunty, Washin an described as fallows: � ' 9� . . Cammencin at the northeast corner of said Sectiori 25; 9' thence south 4i°49`1C1" west alonq the east line of said Sectian 25, a dis�a.nce of I84.01 feet to an intersection with a line parallel �o and 180 feet southerly, measured at right arsgles to the north 3.ine . of said Section 25; thence north 87"12'S9" west, parallel with said north line, 24.Q0 feet to an� intersection with a iine pa�al2el to and ZO feet � westerly, measured at right angles to, t3ze east la.ne of said • Section 25, said point beinq the TRUE P4INT OE BEGINNING; ' thence north 87�12'S9" west, pa=alle3 ta and 180.00 feet southerly vf the no=th 3ine of said Section 25, a distance �of 1026.d7 feet; thence south 1�01' 39" west, 575.S3 feet to the northwest corner af the above described Parcei A; , thence south 88°24'48" east, 1427.60 feet to a point on a line 24.00 �feet westerl measured at right angles to the east iine of Y• Section Z5; ` ' � . n .. Q a a a el to said east 5 i_ feet th O 49 i0 east rail iine, 5 _. therYce nor P to the TRUE Pt�INT OF BEGINNING. � , . EXHIBIT A con ' _ ' ,'' � � k . /1!E 4/1�,�4 SEC•15, •TZ3N, �P¢,� . . - ' ra �y �4 �0 TP.�B. °„ 670,dQ � �- q7�si Ti- --- � ,�r e r�s�29•� aa• � /S' SA.YlTA�2Y ' � FASFa���vr ' v � � � 0 !`'--Zao' ` a 3 � ., o � _ ': w � 4 a .� . � o• •,-:- � e► � �� � Q� . o ��� � h� � � ' o. ► V � �� = � � h ~ � o � ''-� � � � . � �� �-.- O j � O � � � � � W � � � ,3'd8't f'�p yE _ ` ,�7'S•e 25' . SGI/ 2�� �S r 0�o w��,N�4 4 r '�fQrs��� � �Qo<as 3s y�E'F�uecc�►�'�«-�3.�o �I ~ o a Ht�t�c3s,it� I� . Busr+,� - �er�e��wro suxv�� ,�,.,,,,