HomeMy WebLinkAboutRC 9306231805 • � i e .
� ' �.•++�+�REO�R�ED RENRN 1R � 1
. °��ce°�`��'��` , 0 R 1 G i N� L
� Renton Manldpl Hu(Whtt
200 Mill Avenue Sottfh
� Renton,WA 98pS5 -
After cordi g Return to:
George eso ich
Hillis C1 Martin & Peterson, P.S.
500 Gallan Building
1221 Seco venue
Seattle, A 101-2925
DBCLARATION OF COVENANTB
This Declaration of Covenants ("Declaration") is made by
the HIGHLANDS COI�iUNITY CHURCH, a not for profit corporation
organized and existing under the laws of the State of Washington
(the "Highlands Church") , for the benefit of the City of Renton
(the "City") , a municipal corporation of the State of
Washington.
RECITALS
s� A. Highlands Church owns two adjacent parcels of land
�� within the City. The first parcel of property (rererred to as
� "Parcel A") is the site of the existing Highlands Community
�J Church building. That parcel is legally described in Exhibit A
� attached to and incorporated in this Declaration. The second
�� parcel of property (referred to as "Lot 4") is partially used to
�'� provide parking to serve the Church building located on Parcel A
� and is partially vacant.
B. The Highlands Church has obtained a conditional use
permit from the City of Renton authorizing certain land use
activities on the two parcels of property described above. In
approving that conditional use permit the City has relied upon
the parking provided on a portion of Lot 4 to serve the Church
structure on Parcel A.
C. The parties wish to provide for the continued use of a
portion of Lot 4 to provide parking to serve Parcel A and to
provide for the future potential use of Lot 4 either by the
Highiands Church or by a successor in interest while con�:inuing
to provide such parking.
NOW, THEREFORE, Highlands Church covenants as follows:
1. That portion of Lot 4 legally described in Exhibit B
attached to and incorporated in this Declaration shall continue
to be used to provide parking to serve the existing church
located on Parcel A subject to the following conditions:
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1. 1 In the event that the City amends the parking
requirements established in its applicable ordinances or in
the event that the City establishes different parking �
requirements that are specifically applicable to the use on
Parcel A through an individual permit or approval issued by
the City, and in the event that such change in the City's
general or specific parking requirements applicable to
Parcel A reduces or eliminates the need for the parking
provided for on Lot 4, then the area on that portion of Lot
4 subject to this restrictive covenant may be reduced or
eliminated provided that sufficient parking is provided on
Lot 4 to comply with either the general or the specific
parking requirements governing the use of Parcel A at that
time.
1.2 In the event that the Highlands Church wishes to
build one or more additional structures on Lot 4 or to
expand its existing Church located on Parcel A onto Lot 4
this restrictive covenant shall not prevent such a
structure or structures or such an addition from being
� built on that portion of Lot 4 subject to this covenant;
� provided, however, that Highlands Church will continue to '
� provide all of the required parking necessary to serve the
� structure or structures located on Parcel A and on Lot 4 as
� provided by the general ordinances of the City or by the
O specific conditions of any individual permit or approval
r'� granted by the City to the Highlands Church. This parking
tT shall be provided either on the remainder of Lot 4 that is
not presently subject to this restrictive covenant or on
such other property proposed by the Highlands Church and
accepted by the City as a location for such parking. In
the event that Highlands Church wishes to relocate the
parking presently provided on the area subject to this
restrictive covenant, Highlands Church shall execute and
record a restrictive covenant providing for similar
restrictions as those contained in this Declaration on the
property on which the parking will be relocated.
1.3 The parking provided on the area subject to this
restrictive covenant may be jointly used by the Highlands
Church and some other property owner in the vicinity;
provided, however, that such a joint use agreement shall
comply with all of the ordinances of the City regulating
such parking agreements and provided that such a joint use
agreement shall not materially interfere with the use of
the area subject to this restrictive covenant for its
primary purpose of providing parking to serve the church
use now existing on Parcel A.
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2. This Declaration is intended to run with the land, to
benefit the City, and to be binding upon the successors and
assigns of the Highlands Church. This Declaration shall last so I
long as Parcel A is used for church purposes under the existing
land use approvals granted by the City or by subsequent permits
and approvals granted by the City to the Church or its
successors in interest.
3. Nothing in this Declaration shall be interpreted as
preventing or prohibiting other uses of that portion of Lot 4
that is not subject to this restrictive covenant; nor shall this
Declaration be interpreted to prohibit the legal division of Lot
4 through a boundary line adjustment, short plat, formal plat,
or other legal process of the City and the sale or lease of the
parcel or parcels so created.
4. In any action brought to enforce this Declaration or
to determine the rights of the parties under this Declaration,
the prevailing party shall be entitled to collect, in addition
to any judgment awarded by a court, a reasonable sum as
attorneys' fees; and all costs and expenses incurred in
connection with such a lawsuit. For the purposes of this
f� Declaration, the prevailing party shall be that party in whose
� favor final judgment is rendered, or who substantially prevails,
�,� if both parties are awarded judgment. This Declaration shall be
� governed by and construed in accordance with the laws of the
� State of Washington.
�.
rT DATED as of this 2� day of �}-, 1993 .
HIGHLANDS OMMUNITY CHURCH
By c�S ` �`_'V _
.,�..-
Its Z�.�..�-., .-t�C3�,z,�Q -
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
On this 2nd day of June , 1993, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared
William Dunn , to me known to be Chairtc�an of Boa.rd of
Highlands Community Church, the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation for the
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uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day
and year first above written.
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TQ THE R88TRIC7'IY$ COYSA�T BETWE�
T�$ �iIQHI�NDS CO�ffiUNIT'Y CHIIRC.�i
A� TH8 CIfiY 08 RffiiTOR
�F'.t��L DLSCR�PTidlq OF �'ARCBL ••�n
Block 32, correc��d plat of �tenton Highlands No. �, according t4
the pla� recorded �.n Volum� 57 of Pl�ts, pagas 92 to 98, ix� Ring
�ounty, W2�shi.ngton.
... .. Tagether with those-�portions--of-vacated-��Jeffersort-°,Avenue
NortYl�2ist adj oirii�ng; :which. upon va�ation�,• �tttsched to said
pxemises by operation of law.
Also toqethex wi�th the fol�.owing described parcel:
Gammencing at the NvXtheast cc�rnex of Slock 33 df said plat:
�7
� 'I'her�ce So�at21 02°52�21" West alang the �2tst line of said Bloc3t 33 �
--- a distance of 220.00 feet ta the Northeast corner o� Lot 4 of
J City of Renton Shc�rt P�.at No. XS8-78 as recorded under Ki�.ng
� Gounty record�,ng ntxmb�x 7808174836, and the t.rue point of
� Aeginning: . _ f
� Thence South 8?°07�35" �ast 30.00 feet to the �enterline of
vacated Je�ferson Ave. N.�. :
Thence North 02°52'21„ East along s2tXd centex�.ine 30.00 fee�:
ThenC� North 87°07�39" West 30.00 f�et. to th� East line o� s2�id
$lock 33: . _ - � .
Thence South 02�5�'21" W�st along said East lirie 30.00 feet to
the �oint of beginning.
Al1 �xtuate in the Noxthwest quartex of S��tion 9, Township 23
Northr Range 5 East, W.M. in the City of Rento7n, Cou�ty of King,
St$te of Washington. �
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'�.'C T� RBSZ�ICTIPS OOY�' BST1�E�i
, THB HI� Cdl�L?Zi'ITY CHtJRCB �
AI�tD TSI! CITY t�lr R131�T0]!f
��AL DB�CRIPTI�
�ir TSAT PO�2TI02� OF I.OT � i
BUBJECT TO R88TRICTtYS PBRBII�O CdVEl�i'r
Tha� port3on of Lot 4 of the Cit� of R,2.nton Shoit PZ��C. recQxd2d
under Iiing Caunty recording ntunber 7808170836 and vacated
Jef�erson Avenue N.E_ �d�acent thereto �o1'it�ined w�.t�in the
follawing desex�ibed propertp:
_-, Beginning a� -thQ iintersection ofJthe� cen�erline of saxd vacated �
Jeffexsbn Ave. R.$:���with 'the North ma�'qi� of N.B. 9��i �t;reet
beinq 30 feet Northgxl.y of the cent�xxiri� of said N.$. 9th
Stx�t�t:
I
Thence N 2�52�$1�' E �Iong the c�itterl ine of sai�d v�Gated
Jefferson .Av�. N.E. , a distance df 220.00 feet;
T2��i�e N 87��7�39^ �P 30.00 feet: 1
�Y'her�4e N 2°52�21* E 123.17 feet: �
R'�.exLce N 65�27'17" �P �45.29 feet:
7'hence N 5°06�21" E 24�.54 feet: �
Ther�ce N 54°36�45" W 54.51 feet:
Thence 3 1'�7•48" W 315.18 feet: �
T�er1G� S 65°2'7'17" E 13$.OQ feet:
� Thence S 2°52�21" � 37?.48 �e�t tv the 2lortherly maurgin af said
..�.. N.E. 9th street being s point on a curve concave to the soutt�
� through �hich a radial line bears N 13°29�45" W:
� Thence along said Northerly margin and said curve to the r�ght,
�D havinq a radius o� .87�_59 feet, through a aent�a�, a�ng�e of
� 10�47�Oo", an arc digtarice of 164.04 feet to th� pvirit of
� beginninq.
�ontaininq 73,344 S.F. , mo7C�� or le.ss. _ ,
as� aoo , �.,
TOTAL P.08
....�r.vcn wn inirv��Mfo KN;C;YCLED MATERIA(„10%POSf CONSUMER i