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HomeMy WebLinkAboutRes 1032 - Amend Andover Industrical Park Covenants ILA CITY OF TUKWILA 0042.150.032 JEH /ko WASHINGTON 01/14/87 01/21/87 RESOLUTION NO. 1032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AN AMENDMENT TO THE ANDOVER INDUSTRIAL PARK COVENANTS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME ON BEHALF OF THE CITY. WHEREAS, the City is the owner of certain real property in the Andover Industrial Park area which is covered by restrictive covenants which govern the use of all properties in the area, and WHEREAS, the City Council has reviewed the said covenants and has determined that it is in the best interests of the City, as a property owner, to agree to certain amendments, now, therefore THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Amendment and Authorization to Execute. The City Council hereby approves those certain amendments set forth in the agreement entitled "Declaration of Amendment No. 6 Protective Covenants Andover Industrial Park attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth. The Mayor is hereby authorized to execute, and the City Clerk to attest to, the agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this .L,9 day of 1987. U PROVED 4 U I PRE ENT, J 131JFFIE ATTEST/AUTHENTICATED C T ERK, TMIRE ANDERSON APPROVED AS TO FORM: OFFICE F THE CITY ATT NEY BY\, FILED WITH THE IT CLERK: r PASSED BY THE CI /COUNCIL -/9-57 RESOLUTION NO. /D3� 1 DECLARATION OF AMENDMENT NO. 6 PROTECTIVE COVENANTS ANDOVER INDUSTRIAL PARK THIS DECLARATION of Amendment No. 6 to the Protective Covenants of ANDOVER INDUSTRIAL PARK is made this 27th day of January 1987, by the undersigned, the owners of a majority of the acreage in ANDOVER INDUSTRIAL PARK. BACKGROUND 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 County Auditor. 2. In connection with the development of the Prop- erty, PUGET WESTERN, INC., executed and declared "Protective 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 "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; 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. 5500900; Declaration of Amendment No. 3 Protective Covenants Andover Industrial Park dated September 9, 1966, recorded February 10, 1967 under King County Auditor's File No. 6138154; Declaration of Amendment No. 4 Protective Covenants Andover Industrial Park dated February 17, 1967, recorded February 24, WTL: Revised 3/4/85 1967 under King County Auditor's File No. 6143022; Declaration of Amendment No. 5 Protective Covenants Andover Industrial Park dated May 22, 1967, 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 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 Original Covenants, as amended, unnecessary and inapprop- riate. 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: All covenants, conditions and restrictions set forth in Paragraph I of the Original Covenants, as that paragraph has been amended, are hereby deleted and declared to be of no 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 structure 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 instrument: "In the event the Committee or its designed representative fails to approve or disapprove within thirty days after a location plan and plans and specifica- tions for a building have been submitted WTL: Revised 3/4/85 2 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.C.C. and /or its successors or assigns shall not be liable and 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 approval or disapproval, or failure to approve any such plans, likewise anyone so submitting 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 design and location within thirty days after said plans and specifications have been submitted to it, this covenants will 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 Covenants, 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. WTL: Revised 3/4/85 3 III A. The covenants, conditions and restrictions set forth in subparagraphs a. and b., under the term "BUILDING" under Paragraph III, as amended, are not modified by this instrument. The following subparagraphs simply restate subparagraph III a. and III b., as originally established and as subsequently amended: 1. As set forth in the Original Covenants, subparagraphs III a. and III b. read as follows: "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." 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: WTL: Revised 3/4/85 4 "b. A maximum of 60% 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 No. 4 Protective Covenants Andover Industrial Park dated 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: "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 Protective 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 thereto there shall 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 portion of the originally described Andover Industrial Park acreage lying WTL: Revised 3/4/85 5 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 the Original Covenants as amended, are hereby deleted and declared to be of no further force and effect. IV All covenants, conditions and restrictions set forth under Paragraph IV of the Original Covenants as that para- graph was amended are hereby deleted and declared to be of no further force and effect. 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: "Each condition and covenant in the PUGET WESTERN, INC., ANDOVER INDUSTRIAL PARK shall terminate and be of no further effect on January 1, 2010, provided that 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 power of alteration, amendment or extension whatsoever subsequent to the date hereof. The mere lapse of time shall not affect or alter the application of this section. Invalidation of any of the foregoing protective covenants shall not affect the WTL: Revised 3/4/85 6 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 specifically 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. VII This Amendment may be executed in counterpart copies. The counterpart signature pages may be attached to and be considered a part of the original document. WTL: Revised 3/4/85 7 I have read and approve the Declaration of Amendment No. 6 Protective Covenants Andover Industrial Park marked "WTL 3/4/85 This signature page may be attached to the original of that instrument, and my signature below shall constitute my execution of that original, for all of the acreage owned by us in Andover Industrial Park. DATED this 27th day of January 1987. STATE OF WASHINGTON ss. COUNTY OF WTL: Revised 3/4/85 8 By STATE OF WASHINGTON ss. COUNTY OF KING On this 27th day of _January 19 87 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary L_ Van Dusen to me known to be the Mayor___ of CITY OF TUKWILA the MUNICIPALITY that executed the foregoing instrument, and acknowledged the said instrument to he the free and voluntary act and deed of said Municipality, for the uses and purposes therein mentioned, and on oath stated that He is authorized to execute the said instrument and that the seal affixed is the Municipal seal of said Municipality. Witness my hand and official seal hereto affixed the day and year first above written. NO AR PUBLIC in and for the State of Washington, residing at Tukwila, Wa. On this day of 198, before me, the undersigned, a Notary Public in and for said State, personally appeared to me known to be the General Partner of the