HomeMy WebLinkAbout1977 - Protective Covenants Southcenter South Industrial Park - Corporate Property Investors - 7704210775First American Title
f ` ATTACHMENT 1
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PROTECTIVE COVENANTS
SOUTHCENTER SOUTH INDUSTRIAL PARK
STATE OF WASHINGTON )
ss.
COUNTY OF KING
KNOW ALL MEN BY THESE PRESENTS:
That CORPORATE PROPERTY INVESTORS, a Massachusetts Business
Trust (hereinafter sometimes referred to as "Developer"), as the
owne- and developer of the property known as SOUTHCENTER SOUTH
INDUSTRIAL PARK, which property is more particularly described on
Exhibit A attached hereto and by this reference incorporated
herein, has hereby adopted a development plan of the real prop-
erty described on Exhibit A which real property shall be known
and referred to collectively herein as SOUTHCENTER SOUTH INDUSTRIAL
PARE, situate in the City of Tukwila, King County, State of
Washington; and the undersigned .does hereby establish the mutual
protective covenants hereinafter set forth, subject to which ail
tracts, parcels, lots, lands and area. in SOUTHCENTER SOUTH
INDUSTRIAL PARK shall be held, sold, purchased or used by Devel-
oper, its successors or assigns, which mutual protective cove-
nants are for the bene' of the real property contained in.
SOUTHCENTER SOUTH INDUSTRIAL PARK and of all persons who may
become the owners of any right, title or interest therein. These
mutual protective covenants shall attach to and shall pass with
the real property contained in SOUTHCENTER SOUTH INDUSTRIAL PARK
and each and every part and parcel thereof and shall be binding
upon the owner of all or any portion of such real estate or any
right, title or interest therein and the heirs, assigns, suc-
cessors, devisees and administrators of any such owner (the
owners of all or any portion of the real estate in SOUTHCENTER
SOUTH INDUSTRIAL PARK or any right, title or interest therein and
the heirs, assigns, successors, devisees and administrators of
such owners are hereinafter collectively referred to as "Owner"
or "Owners").
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1.
USE RESTRICTIONS
All of SOUTHCENTER SOUTH INDUSTRIAL PARK is for industrial,
commercial and warehousing purposes; provided, however, the
Owners shall use such real estate only for such purposes and
under such conditions and restrictions as are hereinafter set
forth.
No real estate in SOUTHCENTER SOUTH INDUSTRIAL PARK shall be
• used and no buildiny, structure or other improvement thereor
j shall be used for any use other than such uses as are presently
permitted and expressly listed as numbers (1), (3), (5), (6), (9)
• through (1.), (13), (15), (18) through (24), (26) through (28),
CD
• (29) except for "cement products, including cement and cinder
• blocrs," (30) through (34), (36) through (43) and (45) through
(48) under City of Tukwila Comprehensive Zoning Ordinance,
Section 18.40.010; provided, however, the Owners shall use such
real estate only for such purposes and under such conditions as
are set forth in these covenants and; provided, further, however,
notwithstanding the foregoing, no such real estate or building,
structure or other improvement shall be used at any time for the
manufacture, storarje, distribution or sale of any products or
items which shall unreasonably increase the fire hazard of other
property in SOUTHCENTER SOUTH INDUSTRIAL PARK or for any purpose
or use in violation of the laws of the United States, the State
of Washington or the City of Tukwila or in violation of any of
the covenants contained herein.
II.
ARCHITECTURAL CONTROL COMMITTEE
(Referred to as "the A.C.C.")
(A) (i) The A.C.C. shall initially be composed of the fol-
lowing three (3) members: (1) Bruce E. McCann; (2) Charles 0.
Baker; and (3) Randall A. Hack. In the event of the death or
refusal or incapacity to act of any of the foregoing designated
members of the A.C.C., Developer shall appoint a successor or
successors by instrument in writing filed with the Kinn County
Department of Records and Elections of the State of Washington.
(ii) At such time as fifty percent (50%) of the total
square feet of property in SOUTHCENTER SOUTH INDUSTRIAL PARK has
been sold by Developer, Developer shall appoint two additional
members to the A.C.C. and the A.C.C. shall from that time forward
be composed of five (5) members. Subject to the provisions of
Section 11(A)(iii) below, in the event of the death or refusal or
incapacity to act of any of the five (5) members of the A.C.C.,
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Developer shill appoint a successor or successors by instruner.t
in writing filed with the King County Department of Records and
Elections of the State of Washington.
(iii) At such time as seventy percent (708) of the total
square feet of property in SOUTHCENTER SOUTH INDUSTRIAL PARK has
been sold by Developer, tt. A.C.C. shall continue to be composed
of five (`) members, but in the event of the death or refusal or
incap.city to act of any of such members a successor or successors
shall be selecttd as follows. One of such members shall always
be Developer or its appointee. In the event of the death or
refusal or incapacity to act of any of the other four (4) members
of the A.C.C., the remaining memtars of the A.L.C. are authorized
by simple majority vote to appoint a successor by instrument in
writing filed with the King County Department of Records and
Elections of the State of Washington; provided, however, in the
event a majority of the members of the A.C.C. are unable to
agree upon a successor within tiirty (30) days of the death or
refusal or incapacity to act of any of such memoers DevelJper
shall appoint such successor; provided further, however, in the
event that there are less than three (3) members remaining on the
A.C.C. at any time under the provisions of this Section 12 (A)(iii),
Developer sha:l appoint a temporary member or members to the
A.C.C. to make up a total mem'-ership of three (3) so that regular
members may be appointed by simple majority vote to fill vacancies.
Such temporary member or members shall act only to appoint regu-
lar members to the A.C.C. and shall serve only until such number
of regular members is appointed so that a total of three (3)
regular members of the A.C.C. exists who are duly qualified to
serve as regular members, at which time the tenure of the ap-
pointed members shill end. The three (3) regular members there-
after shall then proceed to fill all remaining vacancies by
simple majority vote pursuant to the procedures established
above. All such regular members appointed to the five (5) member
A.C.C. shall be appointed from among the Owners, if practical.
(B) All ap).lications to the A.C.C. for any approval pursuant
to these covenants shall be in writing, shall be served upon the
A.C.C. at the office of the Chairman of the A.C.C. and shall be
supplemented by such supporting data as the A.C.C. shall request.
The Chairman of the A.C.C. shall, immediately upon receipt of
applications for approval, cause written notice thereof to be
provided each member of the A.C.C., which notice shall set forth
the time and place at which such application and any action
thereon shall be considered or taken by the A.C.C. For the
purpose of these covenants, applications for approval shall be
deemed to include all matters submitted by Owners or any other
person or entity for the consideration, approval or other action
of the A.C.C. pursuant to the provisions of these covenants.
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A majority of the members of the A.C.C. shall constitute a
quorum for the transaction of business at any A.C.C. meeting but,
if less than a majority ,s present dt a meeting, a majority of
the members of the A.C.C. pres-:nt may adjourn the meeting from
time to time without any requirement of further notice to any
perLon or entity. The act of a majority of the members cf the
A.C.C. present at a meeting at which there is a quorum shall be
the act of the A.C.C.
Unless otherwise e r ressly required herein, no approval by
the A.C.C. of any action of the Owners affecting SOUTHCENTER
SOUTH INDUSTRIAL PARK is required; provided, however, if any
Owner so chooses, such Owner may submit any such contemplated
action affecting SOUTHCENTER SOUTH INDUSTRIAL PARK to the A.C.C.
for its consideration, approval or such other action as the
A.C.C., in its sole discretion, may deem appropriate. If the
A.C.C.'s approval is expressly required in these covenants, it
shall be in writing. In the event the A.C.C. fails to approve or
disapprove any application for such approval, whether or not such
application is requ'red under these covenants, within thirty (30)
days after such application has been submitted to it, approval
will not be required, and the related covenant or covenants shall
be deemed to have been fully complied with; provided, however,
the A.C.C. may extend such thirty (30) day period by written
notice to the Owner or Owners submitting such application prior
to the expiration of such thirty (30) day period; provided
further, however, no more than one such thirty (30) day extension
may be made by the A.C.C. without the prior written consent of
the Owner or Owners submitting such application.
(C) The A.C.C. and the members thereof shall nut be liable
in damages to the Owners or any other person or entity submitting
an application for approval by reason of ristele in judgment,
negligence or nonfeasanc, of itself, its agents or employees,
arising out of or in connection with the ;.pproval or disapproval
of, or failure to approve, any such application and anyone so
submitting an application to the A.C.C. for epproval, by the
submitting of such application, and the Owners by acquiring any
r`ght, title or interest in all or any portion of SOUTHCENTER
SOUTH INDUSTRIAL PARK agree that they will not bring any action
or suit to recover for any such damages against the A.C.C. or any
member thereof.
(D) The A.C.C. shall have the authority from time to time
to contract for such professional services as may be necessary tc
carry out its functions, including but not limited to authority
from time to time to enter into an agreement with an architect
or firm of architects for the purpose of providing supporting
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services to the A.C.C. Said services may include, without limi-
tation, the receipt of applications, preparation and transmittal
of notices of A.C.C. meetings and the preparation of recommenda-
tions for A.C.C. action upon applications. The A.C.C. shall also
have the authority to establish and charge any Owner or Owners
submitting an application for approval to the A.C.C. reasonable
fees for the submission of any such application, the amount
thereof to be used exclusively for the payment of the supportive
services and any reasonable cost or expense relating to the
processing of such application.
(E) The A.C.C. shall have the power to and may, after
receipt of an application for approv-1 thereof from an Owner or
Owners, impose reas.nable requirements in addition to the require-
ments of these covenants; provided, however, any such reasonable
requirements shall be consistent with the intent and purpose of
these covenants. The A.C.C. shall also have the power to and may
authorize variances from the provisions or requirements of these
covenants after receipt of an a,plication therefor from an Owner
or Owners if the literal interpretation and strict application of
the provisions or requirements of these covenants would cause
undue and unnecessary hardship.
(F) The A.C.C. may enact bylaws it considers appropriate
and helpful to the administration of its responsibilities, includ-
ing, without limitation, the expenditure of any funds received by
the A.C.C. Said bylaws shall be subordinate to and consistent
with the intent and purpose of these covenants.
(0) M. ,er^ of the A.C.C. shall not be entitled to any com-
pensation for services performed pursuant to these covenants.
III.
GENERAL PROVISIONS
All buildings, structures or other improvements in SOUTH -
CENTER SOUTH INDUSTRIAL PARK shall meet the standards provided in
these covenants. The written approval of the A.C.C. shall be
obtained prior to the construction or structural alteration of
any such building, struc`ure or other improvement. Two copies of
an application for approval of any such proposed construction or
structural alteration shall be submitted to the A.C.C. together
with such other documents, including without limitation the plans
and specifications thereof, as may be appropriate or requested by
the A.C.C.
(A) Setback. All setbacks shall be measured from the lot
boundary lines to the wall lines of buildings exclusive of archi-
tectural features. Minimum setbacks shall be 30 feet on front
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yards and 15 feet on side and rear yards. The portion or por-
tions of all lets facing a public street or highway shall be
considered "frcnt" yards. In no case will the wall line of a
building of "unlimited size," as defined by the Uniform Building
Code, be permitted within 30 feet of its lot boundary 1. -nes. The
minimum setback to the wall lines of buildings along the Green
River shall be 50 feet from the property line (mean high-water
mark) in accordance with the Shoreline Management Master program
of the City of Tukwila, provided, that the minimum setback from
the south boundary line of SOUTHCENTER SOUTH INDUSTRIAL PARK
shall be 30 feet except for the lot located in the southeast
corr.?r of SJUTHCENTER SOUTH INDUSTRIAL PARK.
CV (B) Easements and Reservations. Developer hereby reserves,
together with the right to convey the same, and all tracts,
parcels, lots, land and areas in SOUTHCENTER SOUTH INDUSTRIAL
PARK are conveyed subject to: 1) a 10 -foot utility easement
over, under and across frontage streets; 2) 10 -foot rail ease-
ments on each side of the centerline of the lead tracks; 3) in
addition to the foregoing 10 -foot rail easements, 13 -foot ease-
ments over, under and across each side of the lead tracks begin-
ning 10 feet from the centerline of such lead tracks for util-
ities and spur tracks; 4) utility easements over, under and
across a r-ght-of-way 5 feet in width on each side of the common
boundary of any two lots except that there shall be no such 5 -
foot utility easements with respect to sideyard boundaries formed
by lead track easements; 5) a 30 -foot easement commencing at the
mean high-water mark of the Green River for maintenance and
public access. The Owners shall, at such times and from time to
time, when so requested by Developer or the A.C.C., execute and
recor:' such further instruments as are necessary or appropriate
in Developer's or the A.C.C.'s judgment to reflect the existence
of the foregoing easements.
(C) Parking. No parking of any vehicles, whether by em-
ployee, customer or other person or entity, is permitted outside
of the boundaries of any lot in SOUTHCENTER SOUTH INDUSTRIAL PARK
nor on public or private streets therein. It is the responsi-
bility of each of the Owners to provide such minimum onsite
parking facilities as are required bi the City of Tukwila or-
dinances. Any such onsite parking facilities or any onsite truck
maneuvering areas shall be paved with asphalt or concrete.
(D) Utilities. All utility service lines, whether part of
the primary e srvice connections or secondary services to the
buildings or other facilities, shall be entirely underground.
(E) Entrance and Exit to Streets. Driveways which are used
for automobiles only shall be no wider than 24 feet. Driveways
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which are used for trucks shall be a maximum of 40 feet in width.
No dri-,eway will be permitted closer than 50 feet to the other
front lot line on a corner lot.
(F) Landscaping. The front yards of all lots shall be
landscaped from the edge of the street ,:nd highway curbs to a
minimum of 4 feet inside the lot line (except at driveways).
Each lot shall be landscaped except for buildings and similar
structt.res, walks, paved parking areas, driveways and storage
Ul
... areas. All of such lots shall, as a minimum requirement, be
• covered with ground -cover seeding, lawn, bark, river rock or
• plantings, such as trees and shrubs, which will prevent wind or
Cy water erosion of earth and weed growth.
Maintenance and upkeep of designated common areas and street
N boulevard landscaping will be accomplished under the supervision
of the A.C.C. as follows. The A.C.C. will contract for such work
by accepting, in its reasonable judgment, the lowest responsible
bid therefor. The costs and expenses of such work shall be
charged and prorated the Owners upon the basis of the square
footage of land in SOUTHCENTER SOUTH INDUSTRIAL PARK as the same
relates to the square footage of any such land owned by each of
the Owners.
(G) Signs. No freestanding roof signs shall be permitted
in SCJTHCENTER SOUTH INDUSTRIAL PARK and all other freestanding
signs shall be of a low silhouette type. No sign shall exceed
the height of the wall of the building upon which such sign is
placed. No sign shall have more than two surfaces used for the
display of advertising or •_o identify the owner or occupant of
the property or for any other display and no surface of any such
sign shall exceed 150 square feet. Except for traffic regulation
and direction signs, all signs in SOUTHCENTER SOUTH INDUSTRIAL
PARK shall relate to a use of the property upon which such sign
is located. Plans and specifications for the design, construc-
tion, installation, alteration, illumination and erection of all
signs including, without limitation, traffic regulation and
direction signs, must first be submitted to and have the written
approval of the A.C.C.
(H) Construction. Any buildings erected in SOU'iHCENTER
SOUTH INDUSTRIAL PARK shall conform in all respects to the Build-
ing Code and Fire Zone restrictions officially adopted for the
City of Tukwila by the Council thereof. In addition thereto, all
buildings shall conform to the further requirement that the
exterior walls must be of architectural concrete (painted,
colored, e ,osed aggregate or textured surface), architectural
concrete masonry units (standard cement block not acceptable),
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architectural window wall units, brick or equivalent quality
_finish m.terials. In no event will wood siding (except for
design emphasis), plywood or plain or corrugated sheet metal or
other materials of similar appearance be permitted.
(I) Maintenance of Property. Owners shall maintain their
properties and any and all improvements thereto in a manner that
will not depreciate the value of other properties in SOU'iHCENTER
SOUTH INDUSTRIAL PARK. Exposed, painted surfaces of 1- ildings,
structures or other improvements or signs will be kept in good
condition, and landscaping will be kept watered, weeded and free
of deed material. Yard lights will be kept properly lamped.
lArking areas and landscaping shall be kept free of trash or
waste. The A.C.C. or Developer, upon approval of the A.C.C.,
may, after written notice to such of the Owners as are delinquent
in this respect, perform any work necessary to bring the property
into conformance with the provisions of this paragraph III(I) and
charge such delinquent Owner with the cost and expense thereof.
(3) Storage. All plans and specifications for the us.. of
any portion of any lot or other area of SOUTHCENTER SOUTH INDUS-
TRIAL PARK as a storage yard must first be submitted to and have
the written approval of the A.C.C. No storage yard shall be
permitted within 30 feet of a public or private street or high-
way. The A.C.C. may impose reasonable requirements relating to
any such storage yard, such as, sufficient landscape screening
for the full height and length of anticipated storage so that no
portion of any such anticipated storage or storage yard may be
seen from a public or private street.
(K) Refuse Containers. No dumpster, compactor or other
refuse container in SOUTHCENTER SOUTH INDUSTRIAL PARK shall be
located outside of any building in SOUTHCENTER SOUTH INDUSTRIAL
PARK unless plans and specifications showing the location thereof
have first been submitted to and have received the prior written
approval of the A.C.C. The A.C.C. may impose reasonable require-
ments relating to the location and landscape screening of any
such dumpster, compactor or other refuse container.
IV.
SUBDIVISION/ADMINISTRATIVE AND OTHER EXPENSES
The subdivision of any portion of SOUTHCENTER SOUTH INDUSTRIAL
PARK shall satisfy all terms and conditions of these covenants.
If, after the expiration of one year from the closing of any sale
or other conveyance of a portion of SOUTHCENTER SOUTH INDUSTRIAL
PARK, the purchaser thereof shall not have in good faith com-
menced the construction of an acceptable building thereon, the
seller or other per: n or entity making such conveyance may, at
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its option, rescind such sale or conveyance, refund all or such
portion of the purchase price as has been pa.d, if any, without
interest, and enter into possession thereof.
The A.C.C. may, from time to tir _ as it Peems necessary,
charge each of the Owners an amount or amounts sufricient to pay
administrative costs and such other costs and expenses as are
reasonably incurred by the A.C.C. in connection with or as a
result of its responsibilities under these covenants; provided,
however, the A.C.C. shall not incur any custs or expenses not
otherwise expressly authorized herein without first submitting to
each of the Owners a proposed operatic.g budget or other item-
ization of such proposed costs and expenses and receiving the
approval thereof by Owners of a majority of the square footage of
land in SOUTHCENTER SOUTH INDUSTRIAL PARK. Such charges shall be
prorated upon the basis of the square footage of land in SOUTH -
CENTER SOUTH INDUSTRIAL PARK as the same relates to the square
footage of any such land owned by each of the Owners. Such
charges shall be promptly paid by the Owners upon receipt of
notification thereof. The A.C.C. shall receive such funds at the
office of the Chairman of the A.C.C. and shall establish proper
procedures for accepting and disbursing all sums received from
this source or any other source.
v.
ENFORCEMENT AND TERMINATION OF COVENANTS
The covenants contained herein may bn enforced by appro-
priate legal action by any Owner or Owners, Developer or the
A.C.C. Any such Owner or Owners, Developer or the A.C.C. shall,
if determined to be the prevailing part- therein, be entitled to
all costs and expenses incurred with respect to such action,
including, without limitation, reasonable attorneys' fees related
thereto, in addition to such other relief as the court deems
appropriate.
Each coverant contained herein shall terminate and be of no
further effect on March 31, 2057; provided, however, that at any
time the A.C.C. or Owners of seventy percent (70%) of the square
footage of land in SOUTHCENTER SOUTH INDUSTRIAL PARK may alter,
amend or extend these covenants. Any such alteration, amendmen
or extension shall be effective at such time as a written declara-
tion, signed and acknowledged by the A.C.C. or by such Owners, is
recorded in the Department of Records and Elections of King
County, Washington.
Invalidation of any of the foregoing protective covenants
shall not affect the validity of any other of such covenants, but
the same shall remain in full force and effect.
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EXECUTED this 5C day of Nit , 1977.
Attest:
Secretary
STA.E 00i4-4. )
COUNTY OF It‘iA ) )
On this_. day of ,'I,(,2 CS- , 1977,
before me personally appeared Ae.„o 0. 0a.4.....4
amel , to me known to be the
fla.. .d and ...A.Qtua&PIAL of
a trust,
execute t e wit in anoregoing Protective Covenants, South -
center South Industrial Paik, and acknowledged said instrument to
be the free and voluntary act and deed of said Massachusetts
Business Trust, for the uses and purposes therein mentioned, and
on oath stated that they were authorized to execute said instru-
ment.
ss.
CORPORATE PROPEINVESTORS,
a Ma -achusetts siness Trust
By
Hens '-utner
Its PRESIDENT
IN WITNESS WHEREOF,
my official seal the day
4..
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I have hereunto set my hand and affixed
and year first above written.
{lr ,, . IGcrL
Notary P"u b l iand for the State
of iu., 0e , residing at ,;yi, f 41.`,1 YI I,t, o
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