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HomeMy WebLinkAbout1995 - Declaration of Restrictive Covenant - Parkway Properties - 95072101159507210115 RECEIVED THIS DAY RECEIVED R R-c % y ED ` ; CITY OF TUKWILA ;M AUG 0 1995 Jut. 21 8 35 M1 '95 PERMIT CENTER DEVELOPME ' :i... ; .,, • DECLARATION OF RESTRICTIVE COVENAN''I THIS DECLARATION is made and executed this 15th day of March 1995 by P- 6 3/PARKWAY L.L.C.. and PARKWAY PROPERTIES INC. (P.P.I.). 2 SECTION 1. RECITALS 1.01 Ownership. P -3 is the owner of the real property in King County, Washington, described in Exhibit A hereto ( "P -3 "). PARKWAY PROPERTIES INC. (P.P.I.).is the owner of the adjacent real property described in Exhibit B hereto P.P.I. ( "Property "). tit 1.02 Purpose. In order to preserve and protect the value of such properties, and to permit construction of buildings of "unlimited size" on such properties by ensuring the existence of yards not less than 60' in width between buildings, P -3 and P.P.I desire to impose the Restrictive Covenant set forth in Section 2 on that portion of the properties described in Exhibit C, (P -3 Property) and Exhibit D (P.P.I. Property), ( "Restricted C Areas" together shown on Exhibit F) for the benefit of the owners of the P.P.I. Property tin and the P -3 Property. SECTION 2. RESTRICTIVE COVENANT 2.01 Restrictive Covenant. In consideration of the mutual terms, covenants and conditions set forth herein and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, P -3 and hereby mutually agree and declare that the P -3 Property and the P.P.I. Property are now held and shall be transferred, sold, encumbered, rented, leased, conveyed, used and occupied subject to the restriction that no building or other structure shall be constructed, placed or installed on the Restricted Areas. 2.02 Permitted Uses. This restrictive Covenant shall not prevent the construction of roadways, parking lots, sidewalks, walkways, gardens, landscaped areas, railroad tracks or underground utilities of any sort upon, under or across the Restricted Areas. SECTION 3. MODIFICATION AND TERMINATION 3.01 Building Code Change. In the event that the City of Tukwila reduces or removes the Uniform Building Code requirement for a 60 -foot yard surrounding building of "unlimited size ", this Restrictive Covenant shall be modified or terminated accordingly. ( SECTION 4. MISCELLANEOUS 4.01 Runs with Land. This Restrictive Covenant shall run with the Property and be binding upon all parties having any right, title, or interest in the P -3 property and the P, P,a • Property or any part thereof, their heirs, successors and assigns. 4.02 Applicable Law /Costs. This agreement shall be governed by and construed in accordance with the laws of the State of Washington. It is agreed that the venue of any legal action brought to enforce this Agreement shall be in King County, Washington. In the event of any litigation to enforce or interpret the rights and obligations set forth herein, the prevailing party shall be entitled to an award of reasonable costs, expenses and attorneys' fees in connection therewith, at trial and on appeal. EXECUTED as of the date first written above. PRESENT OWNER OF THE PARK AY PRO r1 E5 I NG, PARKwhy PROPERTY: BY: Lei a � ITS: ri4 P• : KwA� PRESENT OWNER OF THE P- L.trc P -3 PROPERTY: BY A.1740 l _ • 1J� Cr) ITS: 4! AN PFCE VED AUG 1 91995 DEVELOPMENT • ( { NOTARY STATE OF WASHINGTON ) ss, COUNTY OF KING ��LL On this" day of 19 " before me, I La. r a Notary Public, State of Washington, duly licensed sworn, personally appeared .i 1' - . r IA A 4 4 personally known to me (or proved to me on the basis f satisfactory evidence) • be the person who executed the within instrument as , or on behalf of the partnership therein named. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the State of Washington, County of King, on the date set forth above in this certificate. CHRISTINE A. PRICE STATE OF WASHINGTON NOTARY PUBLIC, State o ngto NOTARY PUBLIC My commission expires Wa L - V MY COMMISSION EXPIRES 9 - 27 - 98 STATE OF WASHINGTON ) fr4 g tT ) ss. 94 COUNTY OF 1 19 ! On this • 2- �' day of , S before me , THOMA1 C. rAv , a Notary Public, State of Washington, licensed and sworn, personally appeared Harold Iverson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument, as President on behalf of Parkway Properties Inc, the corporation therein named and acknowledged to me that such corporation executed the within Lease pursuant to its by -laws or a resolution of its board of directors. IN WITNESS WHE OF I . . - : to set my hand and affixed my official seal in the State of Washingto_ ; .•;.:. \Ki g, on the date set fo :bove in this certificate. O tPS 9 a i , ,``Z`,.•�\ssion' *. G/ t • NOTAR y� ? 4 ' OTARY PUB I , State of Washington i' * :• PU --� C * My commiss' xpires: `� ^ -q i g. F '► 9 i' •.ftr 01 19 .' F :Alio I U " I99S uEVELOPJ� .. +' I 25 • • EXHIBIT A • • RECFN D 1 0 1995 O�Vt�uN LEGAL DESCRIPTION © 262304 67 POR SE 1/4 OF SW 1/4 SEC 26 -23 -04 & OF NE 1/4 OF NW 1/4 SE C 35 -23 -04 - BEG NE COR SD NE 1/4 OF NW 1/4 TH N 87 -45 -57 W 481.05 F T TO W MGN SOUTHCENTER PARKWAY TH S 11-59-33 E 41.27 FT TH N 87 -45 -5 7 W 210 FT TO TPOB TH CONTG N 87 -45 -57 W 19.11 FT TH S 42 -30 -27 W 53 7.51 FT TAP ON A LN 19.5 FT SWLY OF C/L OF 19 FTWIDE RR ESMT TH NLY ALG A LN WCH IS CONCENTRIC & PLW SD C/L ALG CURVE TO RGT CENTER BEAR ING N 48 -31 -03 E RAD 429.78 FT ARC DIST 433.55 FT THRU C/A 57 -47 -52 TH CONTG ALG SD PLL LN N 16 -18 -55 E 50.03 FT TO S LN OF SD SEC 26 TH S 87 -45 -57 E 20.10 FT TO C/L EXISTING RR ESMT TH N 16 -18 -55 E 164.16 FT TH ALG CURVE TO ROT RAD 66t74 FT ARC DIST 184.73 FT •THRU C/A 15- 59-40 TH N 00 -19 -15 E 528,93 FT TH CONTG ALG SD C/L ON CURVE TO RGT RAD 410.28 FT ARC DIST 239.28 FT THRU C/A 33 -24 -54 TH S 88 -51 -25 E34 .64 FT TH S 01 -08 -35 W 198.66 FT TH N 86 -40 -03 E 274.13 FT TO W MGN SOUTHCENTER PARKWAY TH SLY ALG SD W MGN ON CURVE TO LFT CENTER BEAR ING N 85 -13 -08 E RAD 991.37 FT ARC DIST 40 FT THRU C/A 02 -18 42 TH S 85 -12 -11 W 182 FT TH S 11 -59 -33 E 261.67 FT TH S 88 -25 -36 E 115.17 FT TH N 11 -59 -33 W 9t74 FT TH S 88 -25 -36 E 66.85 FT TO W MGN SOUTHCENTER PARKWAY TH S 11 -59 -33 E 531.16 FT TH N 87 -45 -57 W 210 FT TH S 11 -59 -33 E 235.54 FT TO TPOB LESS POR WITHIN U P RR ESMT & AKA PARCEL B OF CITY OF TUKWLA BDRY LN ADJ NO BLA 8 -79 RECORDED 7908230752. • • . • _.. EX H I (317" B • � RRKw4y PQoPGYZTIES ING.. Lc G A c_ best 1 !1'7 1.1 • r THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26; THENCE NORTH 87 °45'57" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 481.05 FEET TO THE WEST MARGIN OF SOUTHCENTER PARKWAY; THENCE CONTINUING NORTH 87 °45'57" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 680 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTERLINE OF A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 16 °18'55" EAST ALONG SAID PARALLEL LINE 92 FEET, MORE OR LESS, TO THE CENTERLINE OF A 40 FOOT DRAINAGE EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50 °38'32" WEST ALONG SAID DRAINAGE EASEMENT CENTERLINE 224 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 26; THENCE SOUTH 00 °56'36" WEST ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. RECEIVED 0 AUG 11 0 1995 DEVELOPMENT Q CI PAGE 6 0860877 • EXHIBIT C BUSH, ROED & HITCHINGS, INC. AUC 0 199` D _�rwlE��ll• NO BUILD EASEMENT DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID • C. EXHIBIT D FiFCEdVED BUSH, ROED & HITCHINGS, INC. AUG 1 fl 1995 r NO BUILD EASEMENT DESCRIPTION • �� ✓ _,� ar'tv�Nl` IVERSON PROPERTY THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SUBDIVISION WITH A LINE LYING 39.00 FEET NORTHWESTERLY OF THE CENTERLINE OF A RAILROAD EASEMENT 19.00 FEET IN WIDTH AS ESTABLISHED BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 6643573, THENCE NORTH 16 °18 EAST 54.99 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16 °18 "55" EAST 37.37 FEET TO THE CENTERLINE OF A DRAINAGE EASEMENT 40.00 FEET IN WIDTH GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 6233536; THENCE NORTH 50 °38 WEST 38.15 FEET ALONG LAST SAID EASEMENT CENTERLINE; THENCE SOUTH 02 °22'40" WEST 13.22 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 52.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50 °03'22" TO THE TRUE POINT OF BEGINNING. Lit . SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. 104 .,,, PARKWAY PLACE CNI NI A A . N ! C ; WILLIAM A. HICKOX, P.L.S. & 4,� 0V W 1141,4T- p BRH JOB NO. 94187.02 • 0 s MARCH 6, 1995 . `. , } bt . i l . ° 1 k. • EXPRE5 WIT/ EXHIBIT F • / NO BUILD EASEMENT DIAGRAM • / 7 I'VERSON PROPERTY / / . / / / / / 'ARKwA.‘r . / / 20' WSDOT ACCESS EASEMENT PROP Ti FS/ / v..! l N • " AREA ON IVERSON PROPERTY p(� / :` NEEDED TO ACHEIVE 60' isl SETBACK FROM (ALONG, Li !J6/ / f.4, REQUIRED FOR vN CONSTRUCTION TYPE, : ;� SPRNKLERED, UNLIMITED AREA, SHOWN SHADED raw . 20 FRONT YARD SETBACK / / �_ / / —___. rixt , ^-- Q -• •a =-"r.� 1 1. 4 1, °:•=-�" itt :Uir -i ( } DUMPSTER & RECYCLING / ••'') - AREA 1700 SF �O + 3 1 -���� I k _,-, iv 8' • " i F...4 - ____) / -......„, I _ �Y _ _._ T— .., �� • �.... ........- �,....,...�n��,� 1 7~ _J-, (- E PROJETPAPJ P TURNER & SZ IA. SETH CALF: 1 8420 24th Pbce N.E. Seotlb WA 98155 .._ -_._ 7 �cALE: T' - 30' -0 AhCITECTS ® // T0: ROY BENNON : � Fax 682 -1040 ~T~ TEL (206) 365 -7431 FAX: (206) 365 -7504 r