HomeMy WebLinkAboutRC 9105231166 , R-100-89
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' .� FI�.�D �OR RECORD AT REQUESi �,e�
' � QFFICE OF THE CITY CLERK
. RENTON MUNICIPAL BLDG.
0 MILL AVE. S0.
RECIPROCAL RESTRICTIVE COVENANT AGREEME NTON, WA 98055
THIS RECIPROCAL RESTRICTIVE COVENANT AGREEMENT ("Agreement") is made and
entered into this '�,.ul. day of May, 1991, by and between Craig M. Johnson and
Shawn L. Underwood, husband and wife, ("Johnson/Underwood"} who are the owners
of the real property legally described on Exhibit "A" attached hereto and
incorporated herein by this reference ("Johnson/Underwood Parcel") and Floyd F.
Figgins and M. Jean Figgins, husband and wife, ("Figgins") who are the owners of
the real property legally described on Exhibit "B" attached hereto and
incorporated herein by this reference ("Figgins Parcel") .
1. Grant. Johnson/Underwood hereby grant a restrictive covenant under,
across and over the real property legally described on Exhibit "C"
("Johnson/Underwood Covenant Area") attached hereto and incorporated herein by
this reference for the purposes as set forth below; and Figgins hereby grants a
restrictive covenar.t under, across and over the reaZ property legally described
on Exhibit "D" (Figgins Covenant Area") attached hereto and incorporated herein
by this reference. The Johnson/Underwood Covenant Area is hereby granted for the
exclusive benefit of the Figgins Parcel, and the Figgins Covenant Area is hereby
granted for the exclusive benefit of the Johnson/Underwood Parcel.
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(j� 2. Purpose. The purpose of this Agreement is (1) to create a fire
p.� separation area between the Figgins Parcel and the Johnson/Underwood Parcel so
� that in the event that an office building should be constructed alonq the eastern
� property line of the Figgins Parcel, current fire separation area requirements
� might be satisfied and the owner of the Figgins Parcel might not be required to
� construct a "fire wall;" and, (2) to create and maintain a building setback over
, Q the Figgins Covenant Area so that the view of the Johnson/Underwood Parcel from
� Sunset Boulevard Northeast will not be impaired by a building or structure.
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In accordance with these stated purposes, Johnson/Underwood hereby covenant
that no building or structure shall be erected, constructed, maintained or
permitted on the Johnson/Underwood Covenant Area and Figgins hereby covenants
that no building or structure shall be erected, constructed, maintained or
permitted on the Figgins Covenant Area.
3. Use of Restricted Area. Johnson/Underwood reserve the right to use
the Johnson/Underwood Covenant Area for any purpose not inconsistent with the
restrictions hereby agreed to. Johnson/Underwood shall have the right to place
on the Johnson/Underwood Covenant Area landscaping and improvements, including,
but not limited to plants, trees, shrubs, and other landscaping, utilities,
uti�i*y car.nections, si3ewal'.�s, asphalt, and parxing areas and Figgins reserves
the same rights as to the Figgins Covenant Area.
4. Attornevs' Fees. In the event that any suit or other proceeding is
instituted by either party to this Agreement arising out of or pertaining to this
Agreement, including but not limited to filing suit or requesting an arbitration,
' mediation, or other alternative dispute resolution process (collectively,
"Proceedings") , and appeals and collateral actions relative to such a suit or
Proceeding in, the substantially prevailing party as determined by the court or
in the Proceeding shall be entitled to recover its reasonable attorneys' fees and
all costs and expenses incurred relative to such suit or proceeding from the
substantially nonprevailing party, in addition to other relief as may be awarded.
5. Miscellaneous. The Reciprocal Restrictive Covenants granted herein
shall be appurtenant, shall touch and concern the Parcels described herein, shall
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run with the land, and shall be binding upon and inure to the benefit of the
successors, assigns, transferees, heirs, personal representatives and all persons
claiming by, through or under the parties hereto.
DECLARANTS:
Cr ' : Johnson
Date -'TI���� �
wn L. Underwood
Date T�!11�/ ! �
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Floyd F. Figgins
Date ✓
/'( � ��•�� K--1�
M. Jea Figgins � �
Date �-� �/� I/
STATE OF WASHINGTON )
� ) ss.
� COUNTY OF KING )
� On this day personally appeared before me Craig M. Johnson and Shawn L.
P� Underwood, husband and wife, to me known to be the individuals described in and
C'7 who executed the within and foregoing instrument, and acknowledged that they
(� signed the same as their free and voluntary act and deed, for the uses and
j,/� purposes therein mentioned.
� GIVEN under �and and officia al this day of �L 1991.
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� A �a �, � ,
� �-,C'a.,�.��'-�r,�```'`' �k:� Notary Public in and for the
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STATE OF WASHINGTON )
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COUNTY OF KING )
On this day personally appeared before me Floyd F. Figgins and M. Jean
Figgins, husband and wife, to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under m hand and official seal his S�
y � day May, 1991.
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• Notary Public in and for t e
State of �.3l�5rf�r�1li-7�a�1 , residing at
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EXHIBIT "A"
Lot 2 of City of Renton Short Plat No. 052-88, recorded under King
County Recording No. 9004109002, Records of King County,
Washington.
Situate in the County of King, State of Washington.
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EXHIBIT "H"
bESCRIPTZO?1 OF F'FC�PERxY :
Ttie East l� p fee� ns tneasuz�ed �l.�ng the North lin� of that poz'tian
of the S4uthwest c�t��xter a� the "outhw�5t r;uarter of S�ctS.ast 3 , �
Town�r�ip 23. 23orthi Range 5 East, W.M.. , describ�d as follow� i
Heainnir►g a� the Sou�hwest �orr►�r of said Section;
xli�NCE Nozth 1°23 ' 12" West t��.ahg the West li�� o� tsaid Se�ti.an ,
1?�2, A9 ��et to the i�orth �.ine o� said subd2vl.Sian;
Tti�t�cc Ncr�h 8�°24 ' 22" East alc�ng sa�d narth lirie 1323 . 77 �eet
to th� NarCheast Corn�s af st��s� aubdivisian b�ing �.he true pc��nt
af h�g�nn.�n�;
THE�CE south 1°:,0 ' 21" �ast alorig the �a�t 2�n� of sai� aubdi+�i.sion,
' . � 5�4 . 56 feet to the Nartherly m�rg�.n of 5cate Nigh4�ay Nc�. 2 (Sunset
i iiighwa}�} ;
TF:E�CE southwesterly al.ong sa�d Highway �39. 52 f��:� ;
� Tt3Et�CE Naz�h paralle�. witt� the �ast �s.ne o� said subdivisior� , n
' � dista��e of 76� � 12 feet to th� North lirie o£ safd subdivisio.�;
(j� TffENCE Easterly a1.on� s�i� t�orth �in� 394 . 2Z feet �o the true �
r�i pcint of begit�ningx
' �-i �x���T that portir�n thereof conveyed �a the City of Rentc+n under
�''� R�ecozdin No . 6d �Q26I : and
t�t ExcEI�T �h�t o � '
p rtion ccnveye8 to the 5�ate of Wa5hingtoZ un@er
� Recorc3�,ng No. 71�9220126 . '
� � Situ� te in the Coul2ty af Ki;�g, S�ate of S�lashi��tan.
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EXHIBIT "C"
A parcel of land within the Southwest Quarter of Section 3,
Township 23 North, Range 5 East, W.M. in King County, Washington,
described as follows:
Beginning at the intersection of the northerly margin of N.E.
Sunset Boulevard with the west line of Lot 2 of Renton Short Plat
No. 52-88 as recorded under Recording No. 9004i09002 , Records of
King County, Washington; Thence along said west line North Z°11 ' 39"
East 70. 00 feet; thence south 26°00'48" East 68. 67 feet to the
Northerly margin of N.E. Sunset Boulevard; thence along said
northerly margin south 76°14 '59" West 30. 00 feet and South
64°56 '27" West 2 . 69 feet to the true point of beginning.
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EXHIBIT "D"
�'xGG _1�5 COVENR:�T':' 1�lREA
�The South 24 ���t as measu!'ed a�ong t:�e South P�operty Line cf
the b�?Ow describ�d parcel �� it p�:ai �els th� hortherly �r�ar�in
of StatL highway, ;�To. 2 (Sunset Hi�2^.w�y j : � ;
�`: ggins PazCel s
T!�e f.ast 140 feet as measured along th� t�orrh lire of that portion
af trle Sourhwest guarter of th� 5outhwest quart�z� ef Sect�an 3 ,
Township 23� North, Range 5 �ast, h' .M. , descrited as follaws :
Begin�ing at the 5outhw2st corr►eL af s�id 5ection; �
T11�NC� Noz�h 1a23 ' l.2" We�t along the West J.ine of saic, S�etion,
�312 . 49 feet to the Norrh line of said subdivision;
TiiENC� Narth e9° 21� ' 22" East alang said North line �3z3 . i7 fect
to ch� Northeast ca:ner a� 6a�.d subdivision being the tru� pofnr
c�t' beginr�ing�
T�i�NC� Sbuth 1°10 ' Z1" E��t �,1ong the East line of ��.i.d �ubdivisiar►,
�94 . 56 fe�et ta �he Nartherly marg�n of Stat� Hi.gh�ray Nc . 2 (5unseC i
' Yighway) ;
:tiEt�CE Seutt�wQs�ezly �l�ong said t�ighway � 39 . 52 fee�;
TttE*+C� Norzn �araylel with �he EaSt line Q� 58,'ld Subdivfsiors , a
distdn�e af 7&4 . 1� fee� tc the North lirt� 4f said s}�bdivision;
TF,ENCE Eastexly �lon� said t�orth 1.ir:e 39� .21 �eet to the true
poS.nt p£ beginn�.ng�
EXCEPT that porLion th�reaf conv�y�d tG the Ci,ty oF Ret�ton ur.ded
Recorciing No. 644426l ; and . .
t� EXCEPT thaz pOrtion eonve��ed Lo the State of W$shinc+�an under
t,0 R��vXding N�. 710gZ�012b .
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� � Situate in the County of King , State of 4)ashinqton.
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