HomeMy WebLinkAbout1987 - Declaration of Amendment No 6 / Protective Covenants - Puget Western - 87032003298703200329
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DECLARATION OF AMENDMENT NO. 6
PROTECTIVE COVENANTS
ANDOVER INDUSTRIAL PARK
THIS DECLARATION o-f Amendment No. 6 tiD the Protective
Covenants of ANDOVER INDUSTRIAL PARK-is made this 6th day
of September 1985, by the undersigned, the owners of
a majority of the acreage in ANDOVER INDUSTRIAL PARK.
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BACKGROUND
C 1. PUGET WESTERN, INC., a corporation, owned and
developed certain property known as ANDOVER INDUSTRIAL PARK
(the "Property"). The Property consisted of all that
property conveyed by Warranty Deed and by Deed and Assign-
ment of Real Estate Contracts dated May 17, 1960, as filed
and recorded under King County Auditor's File Nos. 5163318,
5163319 and 5210219, and appearing at pages 40 and 42 of
Volume 4041, and page 528 of Volume 4086, records of King
X County Auditor.
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2. In connection with the development of the Prop-
erty, PUGET WESTERN, INC., executed and declared "Protective
O Covenants Andover Industrial Park". Those covenants are
dated February 2, 1961 and are recorded under King County
Auditor's File No. 5256443 and are referred to here as the
WIN "Original Covenants". The Original Covenants were sub-
sequently amended as follows:
Declaration of Amendment Protective
Covenants Andover Industrial Park dated
September 21, 1961, recorded
September 22, 1961, under King County
Auditor's File No. 5332848;
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Declaration of Amendment No. 2 Protective
Covenants Andover Industrial Park dated
October 31, 1962, recorded November 1,
1962 under King County Auditor's File
No. 55009001
Declaration of Amendment No. 3 Protective
P, Covenants Andover Industrial Park dated
September 9, 1966, -recorded February 10,
1967 under King County Auditor's File
No. 61381541
Declaration of Amendment No. 4 Protective
Covenants Andover Industrial Park dated
Febmiary 17, 1967, recorded February 24,
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NOW, THEREFORE, BASED ON THE FOREGOING, THE UNDERSIGNED
HEREBY AMEND THE ORIGINAL COVENANTS, AS AMENDED, AS FOLLOWS:
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All covenants, conditions and restrictions set forth in
O Paragraph I of the Original Covenants, as that paragraph has
been amended, are hereby deleted and declared to be of no
0 further force or effect.
II
A. Except as otherwise provided in subparagraph B
below, all covenants, conditions and restrictions contained
in Paragraph II of the Original Covenants, as that paragraph
has been amended, are hereby deleted and declared to be of no
further force or effect.
B. As to any building, construction or stru ^tune
completed on the Property prior to the effective date of this
amendment, or to any plan approval or other action pertaining
to the Property and taken prior to the effective date of this
amendment, the following provision set forth on page 3 of the
Original Covenants under Paragraph II, is not modified by
this inutruments
"In the event the Committee or its
(Jeslgtied reprudetiLaLive Luils tc approve
or disapprove within thirty days after a
location plmn and plaris and specifica-
tions for a building have been submitted
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1967 under King County Auditor's File
No. 6143022;
Declaration of Amendment No. 5 Protective
Covenants Andover Industrial Park dated
May 22, 19677-recorded May 24, 1967- under
King County Auditor's File _No. 6180358.
3. Since the time that the Original Covenants and
the
amendments were recorded, significant changes have taken
place which make portions of the covenants inappropriate
for
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the Property. Those changes, including changes in
the
character of the area and significant revisions in zoning
and
other land use restrictions have rendered portions of
the
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Original Covenants, as amended, unnecessary and Inapprop-
riate.
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4. The undersigned, being the owners of a majority
of
the acreage of the Property, wish to modify portions of
the
Original Covenants, as amended.
NOW, THEREFORE, BASED ON THE FOREGOING, THE UNDERSIGNED
HEREBY AMEND THE ORIGINAL COVENANTS, AS AMENDED, AS FOLLOWS:
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All covenants, conditions and restrictions set forth in
O Paragraph I of the Original Covenants, as that paragraph has
been amended, are hereby deleted and declared to be of no
0 further force or effect.
II
A. Except as otherwise provided in subparagraph B
below, all covenants, conditions and restrictions contained
in Paragraph II of the Original Covenants, as that paragraph
has been amended, are hereby deleted and declared to be of no
further force or effect.
B. As to any building, construction or stru ^tune
completed on the Property prior to the effective date of this
amendment, or to any plan approval or other action pertaining
to the Property and taken prior to the effective date of this
amendment, the following provision set forth on page 3 of the
Original Covenants under Paragraph II, is not modified by
this inutruments
"In the event the Committee or its
(Jeslgtied reprudetiLaLive Luils tc approve
or disapprove within thirty days after a
location plmn and plaris and specifica-
tions for a building have been submitted
WTI,; Revised 3/4/85
A
to it, or in any event, if no suit to
enjoin the construction has been com-
menced prior to the completion thereof,
approval will not be required and the
related covenants shall be deemed to have
been fully complied with.
PROVIDED, However, that the A. G. C_
and /or its successors or assigns shall
not be liable and damages to anyone so
submitting plans for approval or to any
N owner or owners of land covered by this
C instrument by reason of mistake in
C judgment, negligence, or nonfeasance of
C1 itself, its agents, or employees, arising
out of or in connection with the approval
p or disapproval, or failure to approve any
such plans, likewise anyone so submitting
OD plans to the A.C.C., for approval, by the
submitting of such plans and any owner by
so acquiring title to any of the property
covered thereby, agrees that he or it
will not bring any action or suit to
recover for any such damages against the
A.C.C. in the event the A.C.C. fails to
approve or disapprove in writing such
c) design and location within thirty days
•-1 after said plans and specifications have
been submitted to it, this covenants will
C be deemed to have been duly complied
with."
The terms "Committee" and "A.C.C." shall mean the
Architectural Control Committee, as established in the
Original Covcnanta, as amended.
C. The following covenant is hereby added:
If no suit to enjoin any construc-
tion not in compliance with any
covenant affecting the Property has
been instituted within thirty days
of the commencement. of such con-
struction, the related covenant,
even though not complied with, shall
be deemed to have been fully
complied with,
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III
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A. The covenants, conditions and restrictions set
forth in subparagraphs a. and b., under the term "BUILDING"
under Paragraph III, as amended, are not tffi's
instrument. The following subparagraphs simply restate
subparagraph III a. and III b., as originally established and
as subsequently amended-
mended
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1. As set forth in the Original Covenants,
subpnragraphs III a. and III b. read as followsr
"a. Setbacks shall be a
minimum of 60 feet on
front and 15 feet on side
yards.
b. A maximum of 50Z of total
ground area can be covered
by buildings."
2. The Declaration of Amendment Protective
Covenants Andover Industrial Park dated
September 21, 1961 and recorded September 22, 1961
under King County Auditor's File No. 5332848
amended subparagraph III b. of the Original
Covenants as follows:
"b. A maximum of 60Z of total
ground cover can be
covered by buildings."
That Declaration of Amendment also
provided in Paragraph V:
provided, however, that
the restrictions, conditions
and covenants contained in
subparagraphs a. and b., of
Paragraph III hereof, as
amended hereby, shall not be
further subject to any right or
power of alteration, amendment
of extension whatsoever sub-
sequent to the date hereof.
The mere lapse of time shall
not affect or alter the appli-
cation of this section."
3. Declaration of Amendment tau. 4 Protective
Covenants Andover Industrial Park dated
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February 17, 1967 and recorded February 24, 1967
under King County Auditor's File No. 6143022, was
executed by Abbott Laboratories and provides in
part:
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"THAT, WHEREAS, by instrument
executed on the .21st day of September;
1961, and recorded in Volume 4194, page
399, of _Deeds, records of King County,
Washington, PUGET WESTERN, INC., amended
PTOLectiVQ Covenants applicable to
Andover Industrial Park acreage by
providing in part that subparagraphs a.
and b. of Paragraph III thereof, as
amended thereby, shall not be further
subject to any right or power of altera-
tion, amendment or extension whatsoever
subsequent to the date thereof; and
WHEREAS, the present owners of all
properties within the aforesaid Andover
Industrial Park acreage do individually
and collectively desire to join in
further amending subparagraphs a. of the
aforesaid Paragraph III, PUGET WESTERN,
INC., and U S INVESTMENT COMPANY,
do hereby amend said Protective Covenants
in accordance with the provisions of
Paragraph V thereof in he following
particulars:
Subparagraph a. under "BUILDING" of
Paragraph III (GENERAL PROVISIONS) shall
be amended by deleting the present
language of the aforesaid subparagraph a.
and substituting the following in lieu
thereof:
(a) Setbacks shall conform to the
requirements of Tukwila Zoning Ordinance
No. 251, as amended, Chapter 4, Section
4 -12, entitled "District C -M Industrial
Park and in addition tt ereto there
l a be required a 15 foot setback on
side yards and /or rear yards, except
where a greater setback as required for
railroad easement purposes; PROVIDED,
that the provisions of this Amendment
No. 4 shall not be applicable to that
portiutt of the originally described
Andover Industrial Park acreage lying
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"Mow VOMMOM It
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north of the southerly boundary of
Andover Industrial Park No. 4 as pres-
ently platted."
B. Except as provided in subparagraph A above,
all covenants, conditions and restrictions set forth under
Paragraph III of tfiie Original Covenants as amended, are
hereby deleted and deTelared to be of no further force and
effect.
IV
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All covenants, conditions and restrictions set forth
C under Paragraph IV of the Original Covenants as that para-
O graph was amended are hereby deleted and declared to be of no
further force and effect.
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V
The covenants, conditions and restrictions set forth
under Paragraph V of the Original Covenants, as amended, are
not modified by this instrument. Paragraph V, as amended,
is set forth in the Declaration of Amendment dated
September 21, 1961, and reads as follows:
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"Each condition and covenant in the PUGET
�D
WESTERN, INC., ANDOVER INDUSTRIAL PARK
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shall terminate and be of no further
effect on January 1, 2010, provided that
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at any time the owners of a majority of
the acreage in ANDOVER INDUSTRIAL PARK
may, by written declaration signed and
acknowledged by them, and recorded in the
Deed of Records of King County, Wash-
ington, alter, amend or extend such
restrictions, conditions and covenants
and this right to so alter, amend or
extend shall exist as long as the then
owners of a majority of the acreage in
said ANDOVER INDUSTRIAL PARK desire;
provided, however, that the restrictions,
conditions and covenants contained in
subparagraphs A and B of Paragraph III
hereof, as amended hereby, shall not be
further subject to any right or poorer of
alteration, amendment or extension
whatsoever subsequent to the date hereof.
The mere lapse of time shall not affect
or rilter the tipplicntion of this section.
Invalidation of any of the foregoing
protective covenants shall not affect the
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validity of any other of such covenants,
but the same shall remain in full force
and effect."
VI
Any
provisions of the Original Covenants., as amended,
which are
not specificalZ5i modified by this instrument shall
have whatever force or affect they had, if any, prior to the
recording
of this instrument and shall not be affected in any
manner by
such recording.
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VII
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This
Amendment may be executed in counterpart copies.
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The counterpart signature pages may be attached to and be
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considered a part of the original document.
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LAURIE A. PINARD
Attorney at Law
P. O. Box 88050, Tukwila. Washington 98138
18010 Southcenter Parkway, Tukwila, Washington 98188
Telephone. (206) 375 -3200 FAX. (206) 375 -3207
June 03, 1994
Ms. Sharon McDonald CER77RED MAIL /P 005 975 744
King County Recorder's Office RETURN RECEIPT REQUEST
500 4th Avenue, Room 311
Seattle, Washington 98104
GO
RE: Auditor's File No. 8703200329
Dear Ms. McDonald:
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As you may already be aware, the document recorded under your Sle number 8703200329 was
o improperly filmed that is only 38 of the 39 es were filmed. The missing a is e 7. As a
W1 Y pages gPaB page
result of this, I have received several telephone calls from title companies, asking that I fax them a copy
of page 7.
It is my understanding based upon conversations today with Stacy of your office, that the King County
Recorder's Office is willing to either re- record page 7 alone, or in the alternative re- record the entire 39-
page document, such that the County's record will be permanently corrected. I do not wish to have only
page 7 recorded and filmed. It is my preference that the entire document be re- recorded and filmed.
Enclosed is the original document.
Kindly re- record it in its entirety, and return the original to me at the address which appears on the
original document in the "FILED for Record at Request of block.
Thank you for your attention.
Very truly yours,
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