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RC 9707090559
• S WHEN RECORDED RETURN TO: Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton,WA 98055 Document Title(s) ; (or transactions contained therein) 1. DECLARATION OF RESTRICTIVE COVENANTS 2. i ""Qr_. First American Title 3• 'r Insurance Caere, 4. AM Reference Number(s) of Documents assigned �w7 1 -S or released; ,3 3(44 -3 Additional numbers onpage of 3500k-b-'39�Z3�2-3V05 docume392-3V0---5►n (this space for title company use only) O Cr) Grantor(s) : (Last name first, then first O name and initials) 1. THE AUSTIN COMPANY (DECLARANT) r. 2. Q) 3. 4_ 5. _ Additional names on page of document Grantee(a) : (Last name first, then first name and initials) 1. 2. 3. 4. 5. _ Additional names on page of document cu Abbreviated Legal Description as follows: (i.e_ lot/block/plat or section/township/range/quarter/quarter) 19 - 23N - 5E, NE SW _ Complete legal description is on page 7 of document Assessor' s Property Tax Parcel/Account Number(s) : 334040-3325-07 AND 334040-3330-00 oG r C9 C7 V iJ M C3 C1 m .a- vi 0 01 0 oti 0 r- 0 ti 01 • 1 DECLARATION OF RESTRICTIVE COVENANTS LIND CORPORATE PARK THIS DECLARATION OF RESTRICTIVE COVENANTS is made this 6 day of M C , 1997, by THE AUSTIN COMPANY,an Ohio corporation ("Declarant"). The recitals which follow incorporate the definitions set forth in Article I of this Declaration. RECITALS: A. Declarant is the Owner of the Lots comprising the Short Plat. B. It is the intention of Declarant to further the implementation of the Short Plat by means of the covenants, conditions, and restrictions set forth in this Declaration. Said covenants, conditions, and restrictions are intended to be common to all of the Lots resulting under the Short Plat and to enhance and protect the value and development potential of all such Lots to their mutual benefit. ARTICLE 1 Definitions Unless the context otherwise specifies or requires, the terms defined in this Article I shall, 11) as used in this Declaration, have the meanings herein set forth: 1.1 Affiliate. The term "Affiliate" means, with respect to any Person, (i) any Person directly or indirectly controlling, controlled by, or under common control with such Person, (ii) any Person O owning or controlling fifty percent (50%) or more of the outstanding voting interests of such Person, (iii) any officer, director, or general partner of such Person, or (iv) any Person who is an officer, director, general partner, trustee, or holder of fifty percent (50%) or more of the voting interests of any Person described in clauses (i) through (iii) of this sentence. For purposes of this definition, the term "controls," "is controlled by," or "is under common control with" shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise. 1.2 Continental. The term"Continental" means Continental Mills, Inc., a Washington corporation. 1.3 Declaration. The term "Declaration" shall mean this Declaration of Restrictive Covenants, as it may from time to time be amended or supplemented. 1.4 East Parcel. Collectively, Lots 6, 7, 8 and 9. 1.5 Lot. The term "Lot" shall mean any one of the areas of the Subject Property depicted as Lots 1 through 9 on the Short Plat. In the event the Short Plat is amended to the effect that any of such Lots are combined, the term "Lot" shall mean the area so combined. (J 8SL1/27401/01396/MMC/164059.8) 1.6 Middle Parcel. Collectively, Lots 4 and 5. 1.7 Occupant. The term "Occupant" shall mean a lessee or licensee of an Owner, or any other person or entity other than an Owner in lawful possession of a Lot with the permission of the Owner. 1.8 Owner. The term "Owner" shall mean and refer to any Person that is the record owner of fee simple title to any Lot, excluding any Person who holds such interest as security for the payment of an obligation, but including contract sellers and any mortgagee or other security holder in actual possession of a Lot. 1.9 Parcel. The term"Parcel" means each of the West Parcel, Middle Parcel and the East Parcel. 1.10 Person. Any individual, partnership(general or limited), corporation, trust, limited liability company or other entity. 1.11 Project. The term"Project" shall be synonymous with the term"subject property" and shall mean the real property described on Exhibit A annexed hereto, or hereafter made subject to this Declaration. 1.12 Short Plat. The term "Short Plat" means the segregation approved by the City of Renton,Washington as Short Plat No. 97-032 and recorded in Volume //5 of Surveys, pages 20 , records of King County, Washington, and recorded under King County Recording No. 9703099006 J1 1.13 Subject Property.Y• The term"subject property"shall be synonymous with the term J3 "Project". 1.14 West Parcel. Collectively, Lots 1, 2 and 3. ARTICLE 2 re Landscaping Provisions 2.1 Interior Zones. A ten (10)foot interior landscape buffer between Parcel property boundaries (five (5) feet on each side of property line) is established, except where mutually agreed by adjoining Lot Owners and only for the purpose of permitting vehicular access between such Lots. Interior landscape buffer areas shall be sod berm a minimum of twenty (20) inches high from top of curbs as depicted on Exhibit C annexed hereto. 2.2 North Property Line Zone. A ten (10) foot contiguous landscape buffer is established along the north property line of the Project from Lind Avenue SW to East Valley Frontage Road to provide a buffer between the Project and existing parking on adjacent properties to the north. The buffer areas shall be sod berm a minimum of twenty (20) inches high from top of curbs as depicted on Exhibit D annexed hereto. 2.3 Perimeter Streetscape Zone. A fifteen (15) foot landscape buffer along public streets - Lind Avenue SW, SW 19th Street and East Valley Frontage Road, is established. The area shall be sod berm with a minimum thirty (30) inch high berm from top curb at development level as depicted (JBSL1/2 74 01/0 1 39 6/M MC/164059.8) 2 • on Exhibit E annexed hereto, except at entry points where required traffic site lines are required per City of Renton standards. 2.4 Landscape Material. All areas identified in this Section 2 shall be planted with trees a minimum of thirty (30) feet O.C. and a minimum caliper of two and one-half (21/2) inches. Trees should be uniform in appearance and pattern. City of Renton's Landscape Criteria shall be met at a minimum. 2.5 Irrigation Required. The landscaping areas described in this Article 2 are to be automatically irrigated providing one hundred percent (100%) irrigation coverage. Installation and maintenance responsibility shall be (i) that of the Owner of the Lot to which such area(s)are adjacent with respect to the areas described in Sections 2.2 and 2.3, that of the Owner of Lot 4 with respect to the area described in Section 2.1 which separates the West Parcel and the Middle Parcel, and (iii) that of the Owner of Lot 5 with respect to the area described in Section 2.1 which separates the Middle Parcel and the East Parcel ARTICLE 3 Project Signage 3.1 Locations. An easement for the installation and continued maintenance of monument signage identifying the Project is established in the two (2) areas described as the "West Signage Area" and the "East Signage Area" on Exhibit B annexed hereto. 0 3.2 West Signage Area. The monument installed within the West Signage Area O ("West Monument")shall satisfy the criteria shown on Exhibit F, and shall identify the Project by the name "Lind Corporate Park". 3.2.1 Continental Sole Occupant of Improvements on West Parcel. For so C) long as Continental or an Affiliate(s) of Continental are the sole occupants of all improvements constructed and installed on the West Parcel, the Owner of the West Parcel shall have the right to designate the names of the Project Occupants (and/or their primary brand names) displayed on the West Monument. 3.2.2 Other Occupant(s). During any period that any Person other than Continental or an Affiliate(s) of Continental occupies all or a portion of the improvements constructed and installed on the West Parcel, the Owner of the Middle Parcel shall have the right to designate the names of two (2) Project Occupants to be displayed on the West Monument in addition to the name(s) of the Occupant(s) of the West Parcel. 3.2.3 Construction, Maintenance and Repair. The costs of constructing, maintaining and repairing the West Monument shall be paid by the Owner of the Middle Parcel. 3.3 East Signage Area. The monument installed within the East Signage Area("East Monument") shall satisfy the criteria shown on Exhibit G, and shall identify the Project by the name "Lind Corporate Park". The Owner of the Middle Lot has the right to display the names of two (2) Occupants of the Middle Parcel. The East Monument is for the benefit of the Owner and Occupants of the Middle Parcel, and shall not be used to display the name or business operations of the Owner or Occupant of the East Parcel. (JBSL1/27401/01396/MMC/164059.8) 3 ARTICLE 4 Maintenance of Common Utilities and Storm Water System 4.1 General. It is contemplated that all of the Lots comprising the Short Plat will be served by (i) a coordinated storm water drainage, detention and water quality system, and (ii) a common domestic water and fire loop system. It is further contemplated that all of the Lots comprising the Middle Parcel and East Parcel will be served by a common sanitary sewer system. Each of such systems is referred to herein as a "Common System". 4.2 Maintenance Responsibility. The cost of maintaining, repairing and replacing the pipes, equipment and other facilities comprising each Common System shall be allocated among and paid by the Owners of those Lots served by such Common System . The proportionate share of each Lot Owner for those costs which are to be allocated among and paid pursuant to this Section 4 shall be the quotient obtained by dividing (i) the gross square footage of such Lot shown in the following table, by (ii) the gross square footage of all Lots served by such Common System: Lot Square Footage Lot 1 64,510 Lot 2 65,802 Lot 3 65,823 Lot 4 119,359 47) Lot 5 118,603 If) Lot 6 48,904 Lot 7 48,926 © Lot 8 49,926 Lot 9 48,511 ARTICLE 5 CS Miscellaneous • 5.1 Duration. These covenants shall run with the land. 5.2 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Project to the general public or for the general public or for any public purpose whatsoever, it being the intention of the parties that this Declaration shall be strictly limited to and for the purposes herein expressed. 5.3 Enforcement by City of Renton. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any Owner. (JBSL1/27401/01396/MMC/164059.8) 4 • IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed as of the day and year first above written. DECLARANT: THE AUSTIN COMPANY, an Ohio corporation By: 4,zeoi - Its: Wee fftrz1•. t 1‘T 1c.r /1441,146&R, STATE OF WASHINGTON ) ) ss. COUNTY OF KING I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 26th day of June , 1997, before me personally appeared Ltd? William L. Schlatterbeck , to me known to be the VP & Dist. Mgr. of THE AUSTIN COMPANY,the corporation that executed the within and foregoing instrument, and acknowledged the said Cr) instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ?") WITNESS my hand and official seal hereto affixed the day and year first above written. /1..c-fit sV q jvd- Notary Public in and for the State t fk) of WA , residing at Renton My commission expires: 3-1-01 .a ►+Q ;,': % Patricia J. Fink *s [Type or Print Notary Name] slw�+tit 4~i 3 ,, 4.4S N (Use This Space for Notarial Seal Stamp) (J BSL1/27401/01396/M MC/164059.8) 5 EXHIBIT A DESCRIPTION OF PROJECT Lots 1 through 9 of City of Renton Short Plat No. 97-032 and recorded in Volume //5 of Surveys, pages 243 , records of King County, Washington, and recorded under King County Recording No. 9n07, 99Gbb 1.11 m (J 6 S L 1/27401/01396/M M C/164059.8) EXHIBIT B DESCRIPTION OF MONUMENT EASEMENT AREAS West Signage Area PROPOSED SIGN LOCATION EASEMENT ON PROPOSED LOT 3 OF S.W. 19TH LIND SHORT PLAT That portion of Lot. 2 of City of Renton Short Plat No. 022-85, as recorded under Recording No. 8507169002, records of King County, Washington, being a portion of the Northeast quarter of the Southwest quarter of Section 19, Township 23 North, Range 5 East,W.M., described as follows: BEGINNING at the Northwest corner of said Lot 2; THENCE South 01° 20' 36" West along the West line of said Lot 2, a distance of 502.14 feet to a tangent curve concave to the East having a radius of 55.00 feet; THENCE Southeasterly along said curve and said West line of Lot 2 through a central angle of 16° 58' 47', an arc distance of 16.30 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING Southeasterly along said curve and said West line of Lot 2 through a central angle of 57° 11' 37", an arc distance of 54.90 feet; THENCE North 01" 20' 36" East, 37.61 feet; itl THENCE North 89° 48' 35" West, 37.61 feet to the TRUE POINT OF BEGINNING. 0 Qi East Signage Area PROPOSED SIGN LOCATION EASEMENT ON LOT 9 OF • PROPOSED S.W. 19TH LIND SHORT PLAT That portion of Lot 3 of City of Renton Short Plat No. 022-85, as recorded under Recording No. 8507169002, records of King County, Washington, being a portion of the Northeast quarter of the Southwest quarter of Section 19, Township 23 North, Range 5 East,W.M., described as follows: BEGINNING at the Northeast corner of said Lot 3; THENCE South 00° 22' 41' East along the East line of said Lot 2, a distance of 513.77 feet to a tangent curve concave to the West having a radius of 55.00 feet; THENCE Southwesterly along said curve through a central angle of 16° 23' 43", an arc distance of 15.74 feet to the TRUE POINT OF BEGINNING; THENCE CONTINUING Southwesterly along said curve and said East line of Lot 2 through a central angle of 57° 46' 42", an arc distance of 55.46 feet; THENCE North 00° 22' 41" West, 37.77 feet; THENCE South 89° 48' 35" East, 37.77 feet to the TRUE POINT OF BEGINNING. (JBSL1/27401/01396/MMG164059.8) • ;,��'•�!ii �B eta A QO' PROPERTY SOD BERM LINE NE PARKING AREA , PARKING AREA 20 MIN. 20 MIN. 111111111111 TOP OF CURB i TOP OF CURB 5' ,1/ 5'—/ EXHIBIT 43INTERIOR ZONE LANDSCAPING 5-23-97 In QO', mo , tn I o \ C 1,\I✓ o PROPERTY I BERM, SHRUBS, TREES 0 LINE \I & HABITAT PLANTING cn I ` PARKING AREA 18" MIN.' 18" MIN. TOP OF CURB III 12" TOP OF CURB OR EXISTING GRADE 10' EXHIBIT NORTH ZONE LANDSCAPING _ 5-23-97 • • • figgi da* voe PROPERTY SOD BERM LINE STREET 1 PARKING AREA 30" MIN. • a ■. • w TOP OF CURB VARIES 15' EXHIBIT © STREETSCAPE LANDSCAPING 5-23-97 15' / 12" LETTERS 111111. 1 f ! III o m LIND CORPORATE PARKA 3,_6„ CONTINENTAL MILLS 47. IDENTIFICATION AREA EXHIBIT O WEST MONUMENT SIGN 5-23-97 .• /i/ 15' /V 12" LETTERS Q1 1 1 1 1 I 1IIII CP) m LIND CORPORATE PARKA 3'-6" O IDENTIFICATION AREA (1'-5" H. x 14' W.) EXHIBIT O EAST MONUMENT SIGN 5-23.97