HomeMy WebLinkAbout1995 - Declaration of Restrictive Covenant - Pacific Northwest Group / P-3 Parkway - 9507210282 ' P RECEIVED
r JUL 2 1. 1995
DECLARATION OF RESTRICTIVE COVENANT
aUii fi U 1995 KC RECORDS
`,
..Vi { T �.
DEVELOPMENT c.
THIS DECLARATION OF RESTAICTIVE COVENANT (the "Restrictive Covenant ") is
made and executed this ?.o -f'lt day of , 1995, by and between PACIFIC NORTHWEST
GROUP A. a joint venture consisting of State of California Public Employees' Retirement System and
California State Teachers' Retirement System ( "PNGA "), and P- 3/PARKWAY L.L.C., a Washington
limited liability company ( "P -3 ").
e c-
RECITALS
A. P -3 is the owner of the real property in King County, Washington, described on L
Exhibit A attached hereto (the "P -3 Property "). PNGA is the owner of the adjacent real property
described on Exhibit B attached hereto (the "PNGA Property ").
B. In order to (1) preserve and protect the value of such properties, and (2) permit the
construction of buildings falling under the "Unlimited" category (as that term is used in the City of
Tukwila Uniform Building Code) on such properties by ensuring the existence of a distance of not less
than sixty feet (60') between buildings, P -3 and PNGA desire to impose the Restrictive Covenant set
forth in Section 1(a) on those portions of the properties described on Exhibit C (the legal description
of the restricted area for P -3) and Exhibit D (the legal description of the restricted area for PNGA)
(collectively, the "Restricted Areas "), The Restricted Areas are shown on Exhibit E (the drawing of
the restricted area for P -3) and Exhibit F (the drawing of the restricted area for PNGA), and the
Restrictive Covenant with respect thereto is for the benefit of the P -3 Property and the PNGA
Property.
NOW, THEREFORE, in consideration of the mutual terms, covenant and conditions set forth
in this Restrictive Covenant, and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, P -3 and PNGA hereby mutually agree and declare as follows:
1. Restrictive Covenant
(a) Restrictive Covenant. The P -3 Property and the PNGA 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 may be constructed, placed
or installed on the Restricted Areas.
(b) Permitted Uses. This restrictive covenant will not prevent the construction of
roadways, parking lots, sidewalks, gardens, landscaped areas, railroad tracks or
underground utilities of any sort either upon, under or across the Restricted Areas.
2. Modification or Termination of Restrictive Covenant
(a) Building Code Chance. In the event that the City of Tukwila reduces or removes the
Uniform Building Code requirement for a sixty foot (60') yard surrounding buildings
falling under the "Unlimited" category, this Restrictive Covenant shall be deemed
modified or terminated accordingly.
-1
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.e(b) Damage or Destruction of P -3 Property Building. If the building contemplated to be
built on the P -3 Property at the time this Restrictive Covenant is executed (1) is built
substantially as planned, and (2) is thereafter damaged, destroyed or demolished, and
(3) is not rebuilt or restored within two years from the date of such damage,
destruction or demolition, then this Restrictive Covenant will terminate and be of no
further force or effect.
3. Miscellaneous
(a) Runs with Land. This Restrictive Covenant will run with the land and be binding upon
all parties having any right, title, or interest in the P -3 Property and the PNGA
Property or any part thereof, their heirs, successors and assigns.
(b) Applicable Law: Costs. This Restrictive Covenant will 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 Restrictive Covenant will be King County,
Washington. In the event of any litigation to enforce or interpret the rights and
obligations set forth herein, the substantially prevailing party will be entitled to an
award of reasonable costs, expenses and attorneys' fees in connection therewith, at trial
and on appeal.
(c) Counterparts. This Restrictive Covenant may be signed in any number of counterparts,
all of which together shall be deemed to be one and the same document.
IN WITNESS WHEREOF, the parties hereto have executed this Restrictive Covenant on the
date and year first above written.
PRESENT OWNER OF THE
PNGA PROPERTY: PACIFIC NORTHWEST GROUP A,
a California joint venture
By: STATE OF CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM,
Joint Venturer
RECEIVED
AUG 0 1995
By:
y
DEVELOPMENT Its: . :L: MIT J � ,
CALIFORNIA STATE TEACHERS'
•
RETIREMENT SYSTEM, Joint Venturer
By:
Its: MORTGAGE INVFSTMEW Cf R
2
J.VAMKGVNGA\RESTRICT.CLC
•
•
•
1(b) Daman or Destruction of P -3 Property Buildine. If the building contemplated to be
built on the P -3 Property at the time this Restrictive Covenant is executed (1) is built
substantially as planned, and (2) is thereafter damaged, destroyed or demolished, and
(3) is not rebuilt or restored within two years from the date of such damage,
destruction or demolition, then this Restrictive Covenant will terminate and be of no
further force or effect.
3. Miscellaneous
(a) Runs with Land. This Restrictive Covenant will run with the land and be binding upon
all parties having any right, title, or interest in the P -3 Property and the PNGA
Property or any part thereof, their heirs, successors and assigns.
(b) Applicable Law; Costs. This Restrictive Covenant will 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 Restrictive Covenant will be King County,
Washington. In the event of any litigation to enforce or interpret the rights and
obligations set forth herein, the substantially prevailing party will be entitled to an
award of reasonable costs, expenses and attorneys' fees in connection therewith, at trial
and on appeal.
(c) Counterparts. This Restrictive Covenant may be signed in any number of counterparts,
all of which together shall be deemed to be one and the same document.
IN WITNESS WHEREOF, the parties hereto have executed this Restrictive Covenant on the
date and year first above written.
PRESENT OWNER OF THE
PNGA PROPERTY: PACIFIC NORTHWEST GROUP A,
a California joint venture
By: STATE OF CALIFORNIA PUBLIC
RECEIVED EMPLOYEES' RETIREMENT SYSTEM,
Joint Venturer
AIM II 1 01995
DEVELOPMENT
By:
Its:
CALIFORNIA STATE TEACHERS'
RETIREMENT SYSTEM, Joint Venturer
2 k r'
CAuRF cam►,- ., crF -C
1:\' M1 tiG.PNGA\RESTRICT.CLC
•
•
PRESENT OWNER OF THE
P -3 PROPERTY: P -3 /PARKWAY L.L.C., a Washington
limited liability company
B,. \ e,
Mich: el Sandorffy, Manager
STATE OF )
) ss.
COUNTY OF )
I certify that I know • ave satisfactory evidence that is the
person who appeared bef. - me, and said person acknowledged that signed this instrument,
on oath stated that was authorized to execute the instrument and acknowledged it as the
of STATE OF CALIFORNIA PUBLIC EMPLOYEES'
RETIREMEN YSTEM, to be the free and voluntary act of such joint venturer for the uses and
purposes me. ioned in this instrument.
►� ATED:
(Signature)
� ^-y
RF_'QEIV'ED
(Please print name legibly)
AUG 0 1995
NOTARY PUBLIC in and for the
to V ".. State of
DEVELOPMENT
residing at
• My commission expires
3
vNIKO\P\OAIRESTNCT.CLC
•
•
State of California )
ss.
County of Sacramento )
On July 19. 1995 , before me, Carol Lawson, Notary Public , personally
appeared Roger Franz , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity on behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal: ,
948180
;; '.; y &M AL SEAL
i t'��: CMOL UWISON
�� y { ` . � NOTARY PUBLIC • C/LLA�OF?IIIA
/� \ COMMISSIO 1 N ev-o-Q r` tN"v SACRAMENTO COUNTY
MY Commission Exp. Nov. 20, 1965
RECEIVED
AUG 1 0 1995
t/1..ftV11V.v 1 7
DEVELOPMENT
. ( C
. �.. 1 •
1 •
STATE OF (� a ,,c.u.. )
ss.
COUNTY OF } (Jdktgeng )
I certify that I know or have satisfactory evidence that Aflee) y' ()k4d4- is the
person who appeared before me, and said person acknowledged that ALA,t✓ signed this instrument,
on oath stated that ,Q,d.,e_ was authorized to execute the instrument and acknowledged it as the
/0.. p.0 C el) of CALIFORNIA STATE TEACHERS' RETIREMENT SYSTEM,
to be th free and voluntary act of such joint venturer for the uses and purposes mentioned in this
instrument.
DATED: 7/7/9.5
. Ata-1--
'" - - - (Signature)
~ COMM i 1 8676 z M 4 ( . �/ ( S
Z ; Nvotary Public — Cdltomla > Please print name le tbl
SACRAMENTO COUNTY ( p g y)
My Comm. Expires APR 19. 1998
NOTARY PUBLIC in and for the
State of 444e_A /k
residing at 71,107 PdsmH 1,:3 hid, r P.¢
,
My commission expires zi//g/fr
RECEIVED •
AUG 9 0 9995
G1/4...,,,,....... V, I Y
DEVELOPMENT
1:\\1KG P\GA'.RESTRICTCLC
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that MICHAEL SANDORFFY is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Manager of
P- 3/PARKWAY L.L.C. to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED: '2D lk, 1115
�
(Signatur
, M�r�u����io�e) j
��, K 81*.
• MCLj'.Q/1/1 C?Qy fCh'
, ��� •' ; � � 4 � (Please print name legibly) 1 •
NOTARY
• ? NOTARY PUBLIC in and for the
-� ` : , e .¢'; e State of Washington, residing
".,..., % Fr , ` at. R "AkfOrl
" est ,� l WA � ° My commission expires 2 `q l 0g
RECEIVED
ALS 1 X31995
DEVELOPMENT
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•
E &,EIVED
EXHIBIT A
AUt 01995
Y
L. v tLOPMENT
LEGAL DESCRIPTION
262304 67 POR SE 1/4 OF SW 1/4 SEC 26 -23-04 & OF NE 1/4 OF NW 1/4 S,r
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 MnGN SOUTHCENTER PARKWAY TH S 11 -59 -33 E 41.27 FT TH N 87 -45 -5
7 W 210 FT TO TPOB TH CCNTG N 87 -45-57 W 19.11 FT TH S 42- 30-27 W 53
7.51 FT TAP ONALN19. 5FTSWLYOF C/L OF19F1WDERR ESMT TNft.Y
ALG A LN WCH IS CONCENTRIC & PLW SD C/L ,ALG CURVE 70 RGT CENTER BEAR
ING N 48 -31 -03 E RAD 429.78 FT ARC DST 433.55 FT TE RU 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 ESYIT TH N 16 -18 -55 E 154.16
FT TH ALG CURVE TO RGT RAD 661.74 FT ARC DST 184.73 FT ' T HRU CIA 15-
59-40 TH N 00 -19 -1S E 528.93 FT TH CONTG ALG SD C/L ON CURVt TO ROT
RAD 410.28 FT ARC DIST 239.28 FT TI-RU 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 ISSN
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 TI-RU 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 -35 E 115.17 FT
TH N 11 -59 -33 W 91.74 FT TH S 88 -25 -36 E 66.85 FT TO W MGN SOUTHCENTER
PARKWAY TH S 11 -59 -33 E 53t16 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 GORY LN ADJ NO BLA 8 -79 RECORDED 7908230752.
•
' C E V E EXHIBIT B
AUG `s 01995
, „ „V IYIVIVI
Y
DEVELOPMENT
PARCEL B:
A PORTION OF THE SOUIHWESr QUARTER OF SECTION 26, TO SHIP 23 NORTH, RANGE 4
EAST, W.M. , IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLt S:
BEGINNING AT THE SOCTII QUARTER CORNER OF SAID SECTION 26:
THENCE NORM 87'45'57” WEST ALONG THE SECTION LINE A DISTANCE OF 481.05 r t:u1' '1U
THE WEST MARGIN OF S�7? PARKWAY;
THENCE NORTH 11 '59'33" WEST ALONG SAID WEST MAIN A DISTANCE OF 725.43 1.111.:= '10
A BUUNDARY WITH ATM= CONVEYED BY DDD RECORD • a FILE NUMBER 8912290859
AND THE 11 JE POINT OF BF]GINVING;
THENCE CONTINUING NORTH 11'59'33" WEST ALONG SAID WET MAIN OF SC TIHG. ITM.
PARKWAY A DISTANCE OF 105.15 rr rrl' TO A POINT OF A CURVE;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 991.37 r r.1:l' TEM A
CENTRAL ANGLE OF 4'53'59" AN ARC DISTANCE OF 84.78 rr'r:I' '10 THE SOUTH BOUNDARY OF
A CCMMON DRIVEWAY EASEMENT (EASEMENT' NUMBER 1 AS RESERVED IN DEED RECORDED UNDER
8912
FILE NUMBER 8912290859) ;
THENCE LEAVING SAID WEST MARGIN OF SCUTHCENTER PARWAY, SOUTH 85'12'11" WEST A
DISTANCE OF 182.00 FEES';
THENCE SOUTH 11'59'33" EAST A DISTANCE OF 261.67 FEET;
THENCE scum 88'25'36" EAST A DISTANCE OF 115.17 FEET;
'giE 10E NORTH 11'59'33" WEST A DISTANCE OF 91.74 tt :1.';
THENCE SOUTH 88'25'36" EAST A DISTANCE OF 66.85 rr 1' TO TIM WEST MARGIN OF
SUJI iCE lma PARKWAY AND THE POINT OF SDG2NNING.
EXHIBIT C
RECE%VED BUSH, ROED & HITCpINGS, INC.
At.k5 r 1995 NO BUILD EASEMENT DESCRIPTION
THAT POR J,QN,,QD SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 23
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 26, THENCE
NORTH 87°45'57" WEST 481.05 FEET ALONG TEE SOUTH LINE THEREOF TO TH
WEST MARGIN OF SOUTHCENTER PARKWAY;
THENCE NORTH 11 °59'33" WEST 725.43 FEET ALONG SAID WEST MARGIN TO
A BOUNDARY WITH A TRACT CONVEYED BY DEED RECORDED UNDER FILE NO.
8912290859 AND A POINT HEREINAFTER REFERRED TO AS POINT "A ";
THENCE CONTINUING .NORTH 11°59'33" WEST 105.15 FEET ALONG SAID WEST
MARGIN OF SOUTHCENTER PARKWAY TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 991.37 FEET;
THENCE NORTHERLY 84.78 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4 °53'59" TO THE SOUTH BOUNDARY OF A COMMON DRIVEWAY
EASEMENT (EASEMENT NUMBER 1 AS RESERVED IN DEED RECORDED UNDER FILE
NO. 8912290859) AND THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, SOUTH
85°12 WEST 182.00 FEET TO A LINE HEREINAFTER REFERRED TO AS LINE
"An
THENCE SOUTH 11 °59'33" EAST 261.67 FEET ALONG SAID LINE "A" TO A
LINE HEREINAFTER REFERRED TO AS LINE "B ";
THENCE SOUTH 88 °25'36" EAST 115.17 FEET ALONG SAID LINE "B ";
THENCE NORTH 11 °59'33" WEST 91.74 FEET TO A POINT WHICI -? BEARS NORTH
88 °25'36" WEST FROM SAID POINT "AR;
THENCE SOUTH 88 °25'36" EAST 66.85 FEET TO SAID POINT "A ";
THENCE SOUTH 11 °59'33" EAST 143.17 FEET ALONG SAID WEST MARGIN OF
SOUTHCENTER PARKWAY TO THE EASTERLY PROLONGATION OF A LINE LYING
PARALLEL WITH AND 50.00 FEET SOUTHERLY OF SAID LINE "B", AS
MEASURED AT RIGHT ANGLES THERETO;
THENCE NORTH 88 °25'36" WEST 233.45 FEET ALONG SAID EASTERLY
PROLONGATION, SAID PARALLEL LINE AND THE WESTERLY PROLONGATION
THEREOF TO 'r±; SOUTHERLY PROLONGATION OF A LINE LYING PARALLEL WITH
AND 50.00 FEET WESTERLY OF SAID LINE "A ", AS MEASURED AT RIGHT
ANGLES THERETO;
THENCE NORTH 11 °59 WEST 96.26 FEET ALONG SAID SOUTHERLY
PROLONGATION AND LAST SAID PARALLEL LINE;
THENCE NORTH 02 °22'40" EAST 57.82 FEET;
THENCE NORTH 87 °37'20" WEST 14.81 FEET TO LAST SAID PARALLEL LINE;
THENCE NORTH 11°59'33" WEST 197.83 FEET ALONG LAST SAID PARALLEL
LINE AND ITS NORTHERLY PROLONGATION TO THE WESTERLY PROLONGATION OF
THE NORTHERLY LINE OF SAID COMMON DRIVEWAY EASEMENT;
THENCE SOUTH 86°40'03" EAST 237.49 FEET ALONG LAST SAID WESTERLY
PROLONGATION AND NORTHERLY LINE TO SAID WEST MARGIN OF SOUTHCENTER
PARKWAY AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE EASTERLY
HAVING A RADIUS OF 991.37 FEET (A RADIAL LINE THROUGH SAID
BEGINNING BEARS SOUTH 85 °13'08" WEST);
THENCE SOUTHERLY 40.00 FEET ALONG SAID WEST MARGIN AND CURVE
THROUGH A CENTRAL ANGLE OF 02 °18'42" TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON.
A GO A • ! RENTON VILLAGE ASSOCIATES
' • t- PARK PLACE
< f w�� p. �► r WILLIAM A. HICKOX, P.L.
'•'� BRH JOB NO. 94187
o APRIL 3, 1995
•
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dr
•
��'... CEIVED EXHIBIT D
BUSH, ROED & HITCHINGS, INC.
At.k 1 01995
Y
LOPMEN•T NO BUILD EASEMENT DESCRIPTION
THAT PORTION 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 SOUTH QUARTER CORNER OF SAID SECTION 26, THENCE
NORTH 87 °45'57" WEST 481.05 FEET ALONG THE SOUTH LINE THEREOF TO THE
WEST MARGIN OF SOUTHCENTER PARKWAY;
THENCE NORTH 11 °59'33" WEST 725.43 FEET ALONG SAID WEST MARGIN TO
A BOUNDARY WITH A TRACT CONVEYED BY DEED RECORDED UNDER FILE NO.
8912290859;
THENCE CONTINUING NORTH 11 °59'33" WEST 105.15 FEET ALONG SAID WEST
MARGIN OF SOUTHCENTER PARKWAY TO THE BEGINNING OF A CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 991.37 FEET;
THENCE NORTHERLY 84.78 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4 °53'59" TO THE SOUTH BOUNDARY OF A COMMON DRIVEWAY
EASEMENT (EASEMENT NUMBER 1 AS RESERVED IN DEED RECORDED UNDER FILE
NO. 8912290859);
THENCE LEAVING SAID WEST MARGIN OF SOUTHCENTER PARKWAY, SOUTH
85 °12'11" WEST 182.00 FEET;
THENCE SOUTH 11 °59'33" EAST 251.38 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 02 °22'40" EAST 90.55 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 60.00 FEET;
THENCE NORTHERLY AND NORTHWESTERLY 71.12 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 67 °55'01" TO A POINT WHICH BEARS NORTH
11 °59'33" WEST FROM THE TRUE POINT OF BEGINNING;
THENCE SOUTH 11 °59'33" EAST 150.87 FEET TO THE TRUE POINT OF
BEGINNING.
SITUATE IN THE CITY OF TUK'WILA, KING COUNTY, WASHINGTON.
•-- t.- .- ---� -. RENTON VILLAGE ASSOCIATES
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A. fj PARK PLACE
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C � ' WINNERS PARCEL
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c WILLIAM A. HICKOX, P.L.S.
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- din: O BRH JOB NO. 9 418 7
n MARCH 31, 1995
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DATE sr 0' -0' ARCHITECTS 00 ,. .. . _ _____________.... SCALE: f s � 78420 th Place N.E. Seattle WA 98155 ._.