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HomeMy WebLinkAbout1961 - Protective Covenants - Puget Western et al (Fire Station #51) - 52564435256443 PROTECTIVE COVENANTS ANDOVER INDUSTRIAL PARK STATE OF WASHINGTON ss, COUNTY OF K I N G KNOW ALL MEN BY THESE PRESENTS: That PUGET WESTERN, INC., a corporation, acting herein by and through the undersigned officers duly authorized, as the owner and developer of the property known as ANDOVER INDUSTRIAL PARK, being all that property conveyed by Ando- ver, Inc., to Puget Western, Inc., by warranty deed and deed and purchasers' assignment of real estate contracts dated May 17, 1960, as filed and recorded under King County Auditor's File Nos. 5163318, 5163319 and 5210219 and appear- ing at pages 40 and 42 of Volume 4041, and page 528 of Vol- ume 4086, records of said Auditor, has hereby adopted a development plan of the lands described above and which shall be known as ANDOVER INDUSTRIAL PARK in the Town of Tukwila, King County, State of 'Washington, containing cer- tain streets and easement ways which shall hereafter be dedicated to the public use upon completion thereof in ac- cordance with Town of Tukwila specifications, said ease- ments as shown thereon being hereby reserved for utility installation and maintenance; and the undersigned does hereby establish the mutual protective covenants herein after set forth, subject to which all tracts, parcels, lots and areas in ANDOVER INDUSTRIAL PARK shall be held and /or sold by the Owner, which are for the benefit of the real property contained in ANDOVER INDUSTRIAL PARK and of all persons who may become the owners thereof. These mutual protective covenants shall attach to and shall pass with said real property and each and every part and parcel thereof and shall be binding upon the purchaser or purchasers of any of said lots, parcels, lands or tracts, and his or their heirs, assigns, successors, devisees and administrators. 1. I. All of the building sites in ANDOVER INDUSTRIAL PARK are for industrial, commercial and warehousing purposes, and all grantees agree to use the sites only for such purposes and under such conditions as hereinafter set forth. (A) In ANDOVER INDUSTRIAL PARK no land shall be used and no building or structure shall be used, erected or con- verted to any use other than those permitted under Town of Tukwila C -M zoning; except as that noted herein and as ap- proved by the Architectural Control Committee as established in Paragraph II herein. (B) Building sites in this district may be used for such commercial, industrial and warehousing purposes as are described in Section (A) above, but grantee agrees not to use or allow the use of said premises or any portion thereof at any time for the manufacture, storage, distribution or sale of any products or items which shall unreasonably in- crease the fire hazard of adjoining property; or for any purpose or use in violation of the laws of the United States or of the State of Washington. II. ARCHITECTURAL CONTROL COMMITTEE (Referred to as "the A.C.C. For the period until 90/ of the ANDOVER INDUSTRIAL PARK shall be originally sold by the developers, or by the succes- sor or successors in interest of any thereof, the A.C.C. shall be composed of: (1) Charles O. Baker; (2) Chairman of Planning Commission of Tukwila; (3 Wells B. McCurdy; (4) Ro- bert G. Keever, and (5) a member of the A.I.A. as appointed by the developer. The written approval of any three of the 2. 9 0 members of the A.C.C. shall constitute the approval of said committee. During said period, in the event of the death or refusal or incapacity to act of any of the designated members of said committee, the remaining members are author- ized to appoint a successor by instrument in writing filed with the King County Auditor's office of the State of Wash- ington. Neither the members of the committee nor its desig- nated representatives shall be entitled to any compensation for services performed pursuant to this covenant. All applications to the committee for approval shall be in writing, shall be served upon the committee at the office of PUGET WESTERN, INC., Seattle, Washington, and shall be supplemented by such supporting data as the com- mittee shall require. Action by a majority of the committee shall be controlling. The committee's approval or dis- approval as required in this covenant shall be in writing. In the event the committee, or its designated represen- tative fails to approve or disapprove within thirty days after a location plan and plans and specifications for a building have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenant shall be deemed to have been fully complied with. PROVIDED, however, that the A.C.C. and /or its succes- sors or assigns shall not be liable in damages to anyone so submitting plans for approval or to any owner or owners of land covered by this instrument by reason of mistake in judgment, negligence or nonfeasance of itself, its agents or employees, arising out of or in connection with the ap- proval or disapproval, or failure to approve any such plans, likewise anyone so submitting plans to the A.C.C., for ap- proval, by the submitting of such plans and any owner by so acquiring title to any of the property covered hereby, 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 de- sign z:nd location within thirty days after said plans and specifications have been submitted to it, this covenant will be deemed to have been duly complied with. 3. 9 III. GENERAL PROVISIONS Construction or alteration of all buildings in ANDOVER INDUSTRIAL PARK shall meet the standards provided in these covenants. Purchasers, prior to construction or alteration of any building must submit two sets of plans and specifi- cations for such building to PUGET WESTERN, INC., its suc- cessors or assigns, and written approval of such plans by the A.C.C. shall be proof of compliance with these restric- tions. BUILDING: (a) Setbacks shall be a minimum of 60 feet on front and 15 feet on side yards. (b) A maximum of 50% of total ground area can be covered by buildings. (c) Truck parking shall be as specified under Chapter 4, Tukwila Zoning Ordinance, side or rear yard loading only. (d) Land to be conveyed subject to 10 -foot utility easements on frontage streets and 27 -foot rail and utility easements at rear or side of prop- erty, together with easements under, over and across a right of way 5 feet in width on each side of the common boundary of any designated tract or tracts and 10 feet in width plus nor- mal construction right of way under, over and across any portion of said tracts not adapt- able or previously used as a building site in the original installation, where necessary to serve any tract or tracts with utility ser- vices. Placement and maintenance of all util- ities conditioned upon any entry for installa- tion, replacement, or maintenance; the entities furnishing the utilities shall restore the sur- face of the ground substantially to its origi- nal condition with reasonable expediency. M 9 (e) Maximum building height not to exceed 35 feet, except as may be amended by the owners and the A.C.C. Any buildings erected in ANDOVER INDUSTRIAL PARK shall be masonry construction, or its equivalent, or better. No building shall be constructed with a wooden frame. The ex- terior finish of the front wall and the side walls to a minimum depth of twenty feet must be face brick, its equiva- lent, or better. The exterior finish of the remainder of the side walls shall be of concrete block, common brick, its equivalent, or better. The rear wall may be concrete, concrete blocks, tile blocks or tile bricks. When the rear wall is constructed of concrete or concrete blocks, unless the exterior finish is stucco, or gunite, or their equal, the concrete blocks, the joints, shall be tooled or pointed and such exterior walls shall be rubbed down and covered sufficiently with standard waterproofing paint. All other types of construction not covered in the above must first be submitted to and have the written approval of the A.C.C. Plans and specifications for the construction, instal- lation or alteration of all signs in setback areas, loading docks, parking facilities, and landscape planting in this district must first be submitted to and have the written approval of the A.C.C. The design and erection of signs upon buildings shall be with the written approval of the A.C.C. No accessory building use shall be construed to per- mit the keeping of articles, goods or materials in the open or exposed to public view. When necessary to store or keep such materials in the open, not to exceed six feet in height, the lot area shall be fenced with a screening fence at least six feet in height; said storage shall be limited to the rear 20/ of the property. The Building Codes of the Town of Tukwila in effect at the time of any construction shall apply to such con- struction. 5. 9 Employee, customer, owner or tenant parking will not be permitted on private or public dedicated streets in ANDOVER INDUSTRIAL PARK, and it will be the responsibility of the property owners, their successors or assigns, to provide such minimum parking facilities as follows: (1) One passenger car parking space shall be provided for each one thousand square feet of building area, or one for every two em- ployees; (2) Parking areas must be paved with a year around surface (asphalt or concrete) and must be protected by landscape screening as approved by the A.C.C. Planting areas and landscaping shall conform to rea- sonable minimum standards as proposed by PUGET WESTERN, INC., and approved by the A.C.C. All landscaping and planting shall be permanently maintained by grantee on his property at his expense. The A.C.C. shall also act as a landscape maintenance committee and the right shall be reserved to them to enter upon any tract for the pur- pose of landscape maintenance for the account of the prop- erty owner, if said owner shall not have taken corrective action within fourteen days from receipt of notice in writ- ing filed by the A.C.C. of failure to perform necessary landscape maintenance. The owner of any tract in this district must at all times keep the premises, buildings, improvements and appurtnenancc:s in a safe, clean, wholesome condition and comply in all respects with all government, health and policy requirements; and any owner will remove at his own expense any rubbish of any character whatsoever which may accumulate on said property. IV. Subdivision of any tract sold under these protective covenants shall satisfy all terms and conditions of said covenants. If, after the expiration of one year from the 6 date of execution of a sale contract agreement on any tract within this district, any purchaser shall not have begun in good faith the construction of an acceptable building upon said tract, PUGET WESTER, INC., may, at its option, refund the purchase price and enter into possession of said land. At any time, PUGET WESTERN, INC., its successors or assigns, may extend in writing the time in which such building con- struction may be started. V. Each condition and covenant in the PUGET WESTER, INC., ANDOVER INDUSTRIAL PARK shall terminate and be of no fur- ther effect on January 1, 2010, provided that at any time the owners of a majority of the acreage in ANDOVER INDUS- TRIAL PARK may, by written declaration signed and acknowl- edged by them and recorded in the Deed Records of King County, Washington, alter, amend or extend such restric- tions, 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. The mere lapse of time shall not affect or alter the application of this section. Invalidation of any of the foregoing protective coven- ants shall not affect the validity of any other of such covenants, but same shall remain in full force and effect. EXECUTED this Zst of February, 1961. PUGET WESTERN, INC. By 1. 1Jjm Rgk.4 President Attest: RALPA M. JDAVIS (SR-4) Secretary 7. s 9 STATE OF WASHINGTON ss. COUNTY OF K I N G On this Z day of February, 1961, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally ap- peared FREDERICK W. KIMBALL and RALPH M. DAVIS, to me known to be the President and Secretary, respectively, of PUGET WESTERN, INC., the corporation that executed the foregoing instrument, and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument, and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed, the day and year in this certificate above written. (sea 1) 'e13ERT P7 ca"... (--A!&-v Notary Public in and for the State of Washington, residing at Seattle. 8.