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HomeMy WebLinkAbout2017 - Restrictive Covenant Agreement - Manea Ion - 20171030000784After recording return to: Keaton G. Hille Hanson Baker Ludlow Drumheller P.S. 2229 - 112th Avenue NE, Suite 200 Bellevue, WA 98004-2936 111111111111N?dIIYIMIN111I1111V1iW1I1111111 20171030000784 COVENANT Rec: $79.0D 101301201712:13PM KING COUNTY, WA DOCUMENT TITLE Restrictive Covenant Agreement REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED N/A GRANTOR Ion Manea, an individual GRANTEE City of Tukwila, a Washington municipality LEGAL DESCRIPTION Northeasterly 110 Feet of Tract 13, Fostoria Garden Tracts, According to the Plat Thereof, Volume 9, Page 95, Records of King County ASSESSOR'S PARCEL NOS. 2613200028 RESTRICTIVE COVENANT AGREEMENT THIS RESTRICTIVE COVENANT AGREEMENT ("Agreement") is entered into as of October 24, 2017, by and between Ion Manea, an individual ("Manea"), and the City of Tukwila, a Washington municipal corporation ("City"). WHEREAS, Manea is the owner of a certain real property commonly known as 13407 48th Avenue S., Tukwila, WA 98168, with King County parcel no. 2613200028, which is legally described in Exhibit A attached hereto (the "Manea Property"); and WHEREAS, on October 2, 2017, the City passed Ordinance No. 2552 (the "Ordinance"), thereby approving the rezone of the Manea Property from Low Density Residential ("LDR") to Commercial/Light Industrial ("C/LI"); and WHEREAS, the City has required, as a condition of completing the rezone, that the Manea Property shall be burdened by a restrictive covenant which requires that addressing and access for C/LI purposes be limited to S. 134th Place; and WHEREAS, Manea and the City now desire to confirm the terms of said restrictive covenant; NOW, THEREFORE, in consideration of the mutual promises contained herein, and the benefits derived therefrom, the undersigned parties hereby agree as follows: 1. Designation of Property Burdened by Restrictive Covenant. Manea and the City agree that the Manea Property is now zoned Commercial/Light Industrial and shall hereafter be burdened by the restrictive covenant contained in Section 2, below. - 1 - \\servera\server\ W PDOCS\ 17237\001 \B0435966. DOC Restrictive Covenant Agreement 2. Declaration of Restrictive Covenant. (a) Addressing and Access to Manea Property. Manea and the City hereby agree that all newly constructed C/LI structures and/or newly located businesses on the Manea Property, from the date of this Agreement onward, shall be addressed according to their location on S. 134th Place. Manea shall take all necessary actions to ensure, to the best of his ability, that all C/LI commercial motor vehicle traffic entering and exiting the Manea Property will do so from one or more points of access located on the S. 134th Place side of the Manea Property. (b) No Other Restrictions. Nothing contained herein shall prohibit Manea from building, installing, remodeling or reconstructing other improvements on or within the Manea Property. Further, nothing contained herein shall be deemed to prohibit non-C/LI traffic from entering or exiting the Manea Property from any location, whether located on S. 134th Place or elsewhere. 3. Reversion to Low Density Residential. Consistent with Section 2 of the Ordinance, if Manea should fail to comply with the requirements stated herein, the Manea Property shall revert to its original LDR zoning designation. On reversion to LDR, nothing in the Ordinance or this Agreement shall be construed to limit Manea's use and enjoyment of the Manea Property. All rights and privileges that existed prior to the Ordinance's passage shall be fully restored. 4. Covenant Running with the Land. The Manea Property is hereby subjected to the provisions of this Agreement and shall hereafter be owned, occupied, leased, mortgaged, sold or otherwise transferred subject to and together with the covenant and restrictions set forth herein. All of the provisions hereof shall be deemed to be covenants and restrictions running with and appurtenant to the Manea Property, and shall be binding and enforceable against the successors, assigns, heirs, personal representatives, transferees, mortgagees, grantees and tenants of the Manea Property. Manea or any person or party succeeding to possession of the Manea Property as a successor to Manea shall be subject to Manea's obligations hereunder only during the period of such person's or party's ownership of the Manea Property. Subject to the provisions of this Agreement, Manea reserves the right to use the Manea Property for all lawful purposes. 5. Termination. This Agreement will automatically terminate upon any of the following: (1) Manea fails to timely record this Agreement according to the terms of the Ordinance; (2) Manea fails to comply with the covenant set forth herein; or (3) the Manea Property is subsequently rezoned to any designation other than C/LI, along with the termination or amendment of the address and access condition (see below). In the case of non-compliance with the terms of this Agreement, and before automatic termination, the City shall provide Manea written notice, and at least 90 days' time following the date of said notice, to cure any non-compliance. This agreement may also be terminated at any time upon the mutual agreement of the owners of the Manea Property and the City. Whether termination occurs automatically or by mutual agreement, any termination will be effective only on the recording of a Termination of Restrictive Covenant document executed by both the owners of the Manea Property and the City. If this Agreement is terminated by mutual agreement, the Manea Property owner must properly petition the City to have the Manea Property rezoned. The City shall not unreasonably withhold such rezoning authorization. 6. Attorney's Fees and Costs. If either party brings an action or other proceeding against the other party to enforce any of the terms, covenant or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party, and in the event any judgment is obtained by the prevailing party all such costs and attorneys' fees shall be included in the judgment. -2- \\servera\server\WPDOCS\17237\001\B0435966.DOC Restrictive Covenant Agreement 7. Governing Law and Venue. This Agreement shall be construed under and governed by the laws of the State of Washington. If any provision hereof is held to be unenforceable, the remaining provisions shall be in full force and effect. King County, Washington shall be deemed the proper venue for any dispute arising out of this Agreement. 8. Amendment. This Agreement may only be amended by written agreement of the parties to this Agreement, or their heirs, successors, or assigns. 9. Additional Cooperation; Essence of Time. The parties to this Agreement shall cooperate in good faith to carry out the intent of the covenant stated herein. Time if of the essence in the performance of all matters set forth in this Agreement. 10. Counterparts. This Agreement may be signed in any number of counterparts, all of which together shall be deemed to be a single instrument. OWNER OF BURDENED PROPERTY: THE CITY OF TUKWILA: By: 'I By: Ion Manea, property owner Name: 14 II. & n EICIa. Title: IMtiti Or The remainder of this page has been left intentionally blank Notarizations follow in the succeeding pages - 3 - \\servera\server\WPDOCS\17237\001\B0435966.DOC Restrictive Covenant Agreement STATE OF WASHINGTON ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this ,27 day of ()CIO13 e ( , 2017, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came .. 11 Mahe Oi , personally known or having presented satisfactory evidence to be the ION MANEA, the individual that executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on his own behalf. WITNESS MY HAND and official seal the day and year in this certificate first above written. • LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 26, 2018 \\servera\server\ W PDOC S\ 17237\001 \B0435966.DOC Pr nt Name: un 141" werke Notary Public in and for the State of Washington, residing at Expiration Date: ©sia't %/cs- -4- Restrictive Covenant Agreement STATE OF WASHINGTON ) ss. COUNTY OF KING THIS IS TO CERTIFY that on this o21 day of 0 L f -D b , 2017, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came X411 ',n r-Kbeir, , personally known or having presented satisfactory evidence to be the vie p o r" of THE CITY OF TUKWILA, a Washington municipal corporation, 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 uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. .�_igBER� 14, S I'= .e atAipy'�p , l' i 50 pq•~ i �lj iO ;wptS \\servera\server\ WPDOCS\17237\001 \80435966.DOC Print Name: D O -rt ^ A (rh be r' 1. /a'( " Notary Public in and for the State of Washington, residing at Expiration Date: 101 1`f • [ -5- Restrictive Covenant Agreement EXHIBIT A LEGAL DESCRIPTION OF MANEA PROPERTY THE NORTHEASTERLY 110 FEET OF TRACT 13, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE 95, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. -6- \\servera\server\WPDOCS\17237\001\B0435966.DOC Restrictive Covenant Agreement