20070719103724.pdfRETURN ADDRESS:
City of Edmonds, Building Division
121511' Avenue North
Edmonds, Washington 98020
2�U7- 03q q
CONFORMED COPY
200706210795 3 POS
0612112007 4;18 m F4,00
SNOHOMISH COUNTY, SHINGTON
DECLARATION OF RESTRICTIVE COVENANT
HOBBY ROOM USE
Reference: BUILDING PERMIT BLD20070349
Grantor(s): Karen Diener
Grantee(s): City of Edmonds T
Whereas, Karen Diener - Trustee Erling Julius Olsen By Pass Trust is the owner of the
following described real estate in the City of Edmonds, to wit:
Legal Description (abbr): Sec 24 Twn 27 Rng 3 Qtr SW
Assessor's Tax Parcel #: 00434202400300
Address of Property: 505 Edmonds Street, Edmonds, Washington
Legal Description attached as Exhibit A.
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City of Edmonds, Building Division
1215th Avenue North
Edmonds, Washington 98020
DECLARATION OF RESTRICTIVE COVENANT
SECOND FLOOR HOBBY ROOM WITH BATHROOM
This Covenant touches and concerns certain real property located at 505 Edmonds Street,
Edmonds, Washington, as legally described on the attached Exhibit A, incorporated by this
reference as fully as if herein set forth. Said real property is referenced to in this Covenant as the
Subject Site.
On z!W_91en224Z7 the City issued a building permit (reference BLD20070349) for
conversio'n' f an existing illegal dwelling unit (located in the northeast corner of the second floor
of the referenced multifamily building) back to the original approved use of Hobby Room_ See
Exhibit B, Building Permit and Exhibit C, partial floor plan. This Covenant has been required as
a part of resolution of an enforcement action to alert future owners of the approved use for this
space as shown in Exhibit C. The zoning for the property allows a maximum of 6 units. The
breakdown of units is as follows; one existing single family residence (1 unit) and (5 units)
within in the apartment building for a total of six (6) units on site. At this time the Edmonds
Community Development zoning code does not allow for more dwelling units on the property.
Should zoning on the Subject Site be amended at some future date in a manner which permits an
additional unit on the Subject Site, this Covenant may be released by the City, at its discretion.
WITNESSETH, that for and in consideration of the premises, the above named owners do
hereby declare and grant to the City of Edmonds as Grantee the following restrictive covenant, to
Wit:
That at the time of the execution of the Covenant the Grantors have chosen to convert the illegal
dwelling unit located in the northeast corner of the second floor apartment building back to a
.lawful Hobby Room with the full knowledge that this space may not be legally converted into a
dwelling unit. The existing bathroom within the Hobby Room may remain as it was originally
permitted. Under the referenced building permit the following improvements shall be removed
from the illegal unit within 60 days of permit issuance: Kitchen stove (electrical line shall be
abandoned at the breaker box with a State Electrical Permit), kitchen sink (plumbing vent, waste
and potable water piping shall be capped within the wall), kitchen counters, kitchen exhaust vent
(shall be removed and capped within the. wall). The property owners agree to obfain the proper
permit approvals in advance before work commences.
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City of Edmonds, Building Division
121 51h Avenue North
Edmonds, Washington 98020
Failure to adhere to the terms of this Covenant may, at the sole option of the City, result in
suspension or revocation.of the occupancy permit of one or all dwelling -units. on the Subject Site,
as well as criminal or civil action. This Covenant may be specifically enforced through all
available legal or equitable remedies. In any such action, the prevailing party shall be entitled to
its cost and reasonable attorneys' fees.
Current and future owners shall adhere to the Hobby Room Use Covenant granted for the subject
property on file with the City of Edmonds and no changes to the specified use shall be made
without approval by the City of Edmonds Building Official.
Said Covenant shall be binding upon all present and future owners of said real estate and their
heirs, successors, and assigns.
Dated this 1A - day of tea)
Grantor
Grantor
State of Washington )
Co'unty O
I certify that I know or have satisfactory evidence that Karen Diener signed this instrument, on
oath stated that s/he was authorized to execute the instrument and acknowledged it as the Trustee
(title) to be the free and voluntary act of such parry for the uses and purposes mentioned in this
instrument. Subscribed and sworn to before me this o?g ,day of
o`1 oo•7 .
•s�o
,- �� �� f otary Public in and for the State of Washington
' L 0 lie - My commission expires o? OQ 7