HomeMy WebLinkAboutAD04-048 - Other - Kent Station, LLC - Recorded Restrictive Covenant - 06/29/2004 r
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Recording Requested by
and after recording return to:
City of Kent
220 Fourth Avenue
Kent,WA 98030 20040629001157
Attn: City Attorney CMICAGO TITLE COY 25.00
2PAGE003 OF 007
/29/2004 33:22
\ KING COUNTY, WA
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RESTRICTIVE COVENANT
GRANTOR: CITY OF KENT, a Washington municipal corporation
GRANTEE: CITY OF KENT, a Washington municipal corporation
Legal Description:
Abbreviated form: Portions of the northwest quarter of the northeast quarter of
Section 24-22-4;
Together with portion of
Additional Legal on Exhibit A attached hereto
REF tr
Assessor's Tax Parcel ID No(s).: 242204-9126-02; 242204-9144-00;
242204-9127-01; 242204-9010-01
RESTRICTIVE COVENANT
The undersigned City of Kent, a Washington municipal corporation ("City") is the fee
owner of certain real property more particularly described on Exhibit A attached hereto and
by this reference incorporated herein (the "Property") that is the subject of this Restrictive
Covenant.
City has entered into that certain Real Estate Purchase and Sale Agreement dated as of
January 20, 2004, as amended (the "Purchase Agreement") with Kent Station LLC, a
Washington limited liability company("Developer"). Pursuant to the provision of Section 5.2
of the Purchase Agreement, the City makes the following declaration as to limitations,
restrictions and uses to which the Property may be put and specifies that such declaration shall
constitute a covenant running with the land as provided by law, and shall be binding on
Developer, its legal representatives, successors, assigns, lessees, sublessees and all persons
claiming under or through them, including all current and future owners of all or any portion
of or interest in the Property(hereinafter"Owner").
Section 1. No groundwater shall be taken, and no well shall be installed, within
the Property for domestic drinking water purposes. Nothing contained in this Section 1 shall
limit the removal of groundwater from the Property for industrial or any other purposes,
including, but not limited to, monitoring activities associated with monitoring wells currently
existing on the Property.
Section 2. The Owner shall restrict leases to uses and activities consistent with
this Restrictive Covenant and shall notify all lessees of the restrictions set forth herein on the
use of the Property.
Section 3. This Restrictive Covenant is governed by the laws of the State of
Washington and constitutes a covenant running with the land and shall be binding upon all
present and future Owners, and their respective heirs, legal representatives, successors,
assigns, lessees and occupants of the Property. Each Owner of the Property shall include
references to this Restrictive Covenant in any deed, lease or other agreement granting any
person the right to use or occupy the Property.
Section 4. The Owner must notify and obtain approval from City prior to any use
of the Property that is inconsistent with the terms of this Restrictive Covenant. City reserves
the right to record an instrument that provides that this Restrictive Covenant shall no longer
limit use of the Property or be of any further force and effect.
Section 5. This Restrictive Covenant is intended for the protection of human
health and the environment and may be enforced by City by an action for injunctive relief or
specific performance. In the event of legal action to enforce this Restrictive Covenant, the
prevailing party shall be entitled to recover court costs, reasonable attorneys' fees and other
expenses of litigation.
Dated this Z9 day of June, 2004.
APPROVED AS TO FORM: CITY OF KENT, a Washington
municipal corporation
CITY ATTORNEY
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By ' ` By
Name: Tom Brubaker Nam . J1M W NI?IE'
Titl . MAyfl12
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State of Washington )
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County of King )
I certify that I know or have satisfactory evidence tha is
the person kho appeared before me, and said person ac wledged that he signed this
instrument, o th stated that he was authorized to execute the instrument and acknowledged
it as the CthJ of the City of Kent, a Washington municipal
corporation to be the fAe and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated: June ,2004
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Exhibit A
Legal Description of Property
1077288 KENT STATION LEGAL DESCRIPTION
PARCEL 1:
THAT PORTION OF PARCEL "A" DESCRIBED IN DEED FROM BORDEN CHEMICAL
TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000549;
AND TRACT "X" DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL
TO THE CITY OF KENT UNDER RECORDING NO. 20010209000550; AND OF
PARCELS "A", "B", "C", "D", AND "E" DESCRIBED IN DEED FROM LEO G.
BRUTSCHE AND NORMA J. BRUTSCHE TO THE CITY OF KENT UNDER KING
COUNTY RECORDING NUMBER 9905042556; AND OF TEMPERANCE STREET
RIGHT OF WAY IN THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT,
AS RECORDED IN VOLUME 16 OF PLATS, PAGE 89,RECORDS OF KING COUNTY,
WASHINGTON;BEING A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M., IN KING COUNTY WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH,RANGE 4
EAST, W.M. IN KING COUNTY, WASHINGTON; THENCE NORTH 88°36'27" WEST
ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE PARALLEL WITH
AND DISTANCE 30 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER,
SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST
LINE OF FIRST AVENUE NORTH; THENCE SOUTH 01°38'30" WEST ALONG SAID
WEST LINE A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF
TRACT "X" AS DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO
THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000550;
THENCE CONTINUING SOUTH 01038'30" WEST ALONG SAID WEST LINE A
DISTANCE OF 133.06 FEET TO THE NORTH MARGIN OF TEMPERANCE STREET IN
THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT,AS RECORDED IN
VOLUME 16 OF PLATS, PAGE 89,RECORDS OF KING COUNTY, WASHINGTON;
THENCE NORTH 88034'10" WEST ALONG SAID NORTH MARGIN, A DISTANCE OF
321.86 FEET TO INTERSECT THE NORTHERLY PROLONGATION OF THE WEST
MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION
AND THE POINT OF BEGINNING; THENCE SOUTH 01°38'03" WEST ALONG SAID
NORTHERLY PROLONGATION AND SAID WEST MARGIN 353.89 FEET TO A
POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE
RIGHT HAVING A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF
89047'49" AN ARC DISTANCE OF 31.35 FEET; THENCE NORTH 88'34'10" WEST 9.80
FEET TO INTERSECT THE ARC OF A CURVE TO THE LEFT IN THE SOUTHERLY
LINE OF A 60-FOOT WIDE TRACT OF LAND AS DESCRIBED IN PARCEL "E" OF
DEED UNDER KING COUNTY RECORDING NO. 9905042556,FOR A SPUR TRACK
OVER BLOCK 1 AND BLOCK 2 SAID PLAT OF RAMSAY'S ADDITION, THE CENTER
OF WHICH BEARS SOUTH 59001'48" WEST 353.06 FEET DISTANT; THENCE
NORTHWESTERLY ALONG SAID SOUTHERLY LINE AND CURVE TO THE LEFT
HAVING A RADIUS OF 353.06 FEET, THROUGH A CENTRAL ANGLE OF 51009'55"
AN ARC DISTANCE OF 315.28 FEET TO THE CENTERLINE OF VACATED THIRD
AVENUE NORTH,AS VACATED BY CITY OF KENT ORDINANCE NO. 2779,
RECORDED UNDER KING COUNTY RECORDING NO. 8807130681; THENCE NORTH
01 037'42" EAST ALONG SAID CENTERLINE 60.30 FEET TO INTERSECT THE ARC
OF A CURVE TO THE LEFT IN THE NORTHERLY LINE OF SAID 60-FOOT WIDE
TRACT, THE CENTER OF WHICH BEARS SOUTH 06057'21" WEST 413.06 FEET;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND CURVE TO
THE LEFT HAVING A RADIUS OF 413.06 FEET THROUGH A CENTRAL ANGLE
503 P31",AN ARC DISTANCE OF 39.83 FEET TO A POINT OF TANGENCY IN THE
SOUTH LINE OF LOT 11,BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE
TOWN OF KENT; THENCE NORTH 88034'10" WEST ALONG THE SOUTH LINE OF
SAID LOT 11 AND WESTERLY PROLONGATION THEREOF A DISTANCE OF 220.06
FEET TO INTERSECT THE EAST LINE OF THE WEST 29 FEET OF LOT 2, BLOCK 1,
SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT; THENCE NORTH
0103715" EAST ALONG SAID EAST LINE A DISTANCE OF 25.00 FEET;THENCE
NORTH 88034'10" WEST A DISTANCE OF 15.00 FEET TO INTERSECT THE EAST
LINE OF THE WEST 14 FEET OF LOT 2, BLOCK 1, SAID PLAT OF RAMSAYS
ADDITION TO THE TOWN OF KENT; SAID EAST LINE BEING 47 FEET EAST OF, AS
MEASURED PERPENDICULAR TO, THE CENTERLINE OF FOURTH AVENUE
NORTH;THENCE NORTH 01037'15" EAST ALONG SAID EAST LINE AND
NORTHERLY PROLONGATION THEREOF A DISTANCE OF 124.94 FEET TO
INTERSECT THE NORTH MARGIN OF TEMPERANCE STREET IN SAID PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT; THENCE NORTH 01 037'08"
PARALLEL WITH THE CENTERLINE OF FOURTH AVENUE NORTH A DISTANCE
OF 303.04 FEET; THENCE NORTH 46037'26" EAST 25.36 FEET; THENCE SOUTH
88022'52" EAST 278.79 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY
ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 267.00 FEET;
THROUGH A CENTRAL ANGLE OF 90000'55", AN ARC DISTANCE OF 419.47 FEET
TO A POINT OF TANGENCY IN THE NORTHERLY PROLONGATION OF THE WEST
MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION
TO THE TOWN OF KENT; SAID POINT BEING 52.04 FEET NORTH OF THE POINT
OF BEGINNING AS MEASURED ALONG THE NORTHERLY PROLONGATION OF
SAID WEST MARGIN; THENCE SOUTH 01038'03" WEST ALONG THE NORTHERLY
PROLONGATION OF SAID WEST MARGIN A DISTANCE OF 52.04 FEET TO THE
POINT OF BEGINNING.
PARCEL 2:
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THAT PORTION OF PARCEL "A", "B",AND "C", DESCRIBED IN DEED FROM
BORDEN CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING
NO. 20010209000549; AND TRACT "X"DESCRIBED IN QUIT CLAIM DEED FROM
BORDEN CHEMICAL TO THE CITY OF KENT UNDER RECORDING NO.
20010209000550;BEING A PORTION OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST,
W.M., IN KING COUNTY WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M. IN KING COUNTY, WASHINGTON; THENCE NORTH 88°36'27" WEST
ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE PARALLEL WITH
AND DISTANCE 30 FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE
EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER,
SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST
LINE OF FIRST AVENUE NORTH; THENCE SOUTH 01°38'30" WEST ALONG SAID
WEST LINE AND EAST LINE OF SAID PARCELS "A", "B", AND "C" A DISTANCE OF
762.45 FEET TO THE NORTHEAST CORNER OF TRACT "X" AND A POINT ON THE
ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS NORTH
42048'33" WEST 265.44 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE TO
THE RIGHT HAVING A RADIUS OF 265.44 FEET,THROUGH A CENTRAL ANGLE
OF 04039'28", AN ARC DISTANCE OF 21.58 FEET TO A LINE PARALLEL WITH AND
DISTANT 16 FEET WEST OF,AS MEASURED PERPENDICULAR TO, THE WEST
LINE OF FIRST AVENUE NORTH AND THE POINT OF BEGINNING; THENCE
SOUTH 01 038'30" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 78.23 FEET
TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE TO
THE RIGHT HAVING A RADIUS OF 20.00 FEET,THROUGH A CENTRAL ANGLE OF
8904720" AN ARC DISTANCE OF 31.34 FEET TO A POINT OF TANGENCY IN A LINE
PARALLEL WITH AND 20.50 FEET NORTH OF,AS MEASURED PERPENDICULAR
TO,THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF RAMSAYS
ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS,
PAGE 89, IN KING COUNTY, WASHINGTON; THENCE NORTH 88'34'10" WEST
ALONG SAID PARALLEL LINE A DISTANCE OF 201.87 FEET TO A POINT OF
CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 18.00 FEET, THROUGH A CENTRAL ANGLE OF 90012'13"
AN ARC DISTANCE OF 28.34 FEET TO A POINT OF TANGENCY, SAID POINT
BEING 38.56 FEET NORTH OF THE NORTH MARGIN OF TEMPERANCE STREET AS
MEASURED ALONG THE NORTHERLY PROLONGATION OF THE EAST MARGIN
OF SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION TO THE
TOWN OF KENT;THENCE NORTH 01°38'03" EAST ALONG SAID NORTHERLY
PROLONGATION A DISTANCE OF 13.25 FEET TO A POINT OF CURVE; THENCE
NORTHWESTERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF
333.00, THROUGH A CENTRAL ANGLE OF 90000-55" AN ARC DISTANCE OF 523.16
FEET;THENCE NORTH 88022'52" WEST 280.62 FEET; THENCE NORTH 44°08'44"
WEST 25.19 FEET;THENCE NORTH 00°05'23" EAST 163.78 FEET; THENCE NORTH
0605626"EAST 99.62 FEET TO INTERSECT A LINE PARALLEL WITH AND 9.00
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FEET EAST OF EAST LINE OF FOURTH AVENUE NORTH AS APPROPRIATED BY
CITY OF KENT UNDER SUPERIOR COURT CAUSE NO. 706251; THENCE NORTH
01°37'08" EAST ALONG SAID EAST LINE A DISTANCE OF 97.51 FEET;THENCE
SOUTH 88022'52" EAST 15.00 FEET; THENCE NORTH 01°37'08" EAST 25.00 FEET;
THENCE NORTH 88022'52" WEST 15.00 FEET; THENCE NORTH 01°37'08" EAST 31.08
FEET; THENCE NORTH 46°30'20" EAST 44.40 FEET TO THE SOUTH LINE OF THE
NORTH 52.50 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 24; THENCE SOUTH 88036'27" EAST ALONG SAID
SOUTH LINE A DISTANCE OF 820.00 FEET;THENCE SOUTH 34049'00" EAST 27.89
FEET TO INTERSECT A LINE PARALLEL WITH AND 16 FEET WEST OF, AS
MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE NORTH
AND EAST LINE OF SAID PARCELS "A", "B", AND "C"; THENCE SOUTH 0103830"
WEST ALONG SAID EAST LINE 30.00 FEET; THENCE NORTH 88°21'30" WEST 10.00
FEET; THENCE SOUTH 01038'30" WEST 10.00 FEET; THENCE SOUTH 88021'30"
EAST 10.00 FEET TO THE EAST LINE OF SAID PARCELS "A", "B", AND "C";
THENCE SOUTH 01038'30" WEST ALONG SAID EAST LINE A DISTANCE OF 661.85
FEET TO THE TO THE POINT OF BEGINNING.
(PARCELS i AND 2 ABOVE ARE NOW KNOWN AS LOTS 1 THROUGH 9,
INCLUSIVE, OF CITY OF KENT BOUNDARY LINE ADJUSTMENT NO. LL-2004-16,
RECORDED UNDER RECORDING NUMBER 20040625900004,RECORDS OF KING
COUNTY, WASHINGTON.)
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