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HomeMy WebLinkAboutRC 9509110597 CT 17 11,i71141C i • SEP 1995 SA-9'5-033 WHDI RECORDED RETURN T0¢ 2 Office of the City ClerkKIND UUUNTY Renton Municipal Building RECORDER 200 Mill Avenue SouthY Kenton,WA 98055 4,1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SMURFIT MATERIALS RECOVERY FACILITY .;:, zs THIS DECLARATION ("Declaration") is made this 30Oay of August, 1995, by Triple Crown Properties I, L.L.C., a Missouri limited liability company ("Declarant"). WITNESSETH: A. Declarant owns fee simple title to a certain parcel of real estate in the City of Renton, County of King, State of Washington, legally described in Exhibit "A" attached hereto and made a part hereof(the "Property"); and B. Declarant desires to develop and construct on the Property a materials , recovery facility (the "Facility"); and C. Declarant is desirous of submitting the Property and the Facility to the provisions of this Declaration. NOW, THEREFORE, Declarant hereby declares that the Property is, and shall be held, transferred, sold, conveyed and occupied, subject to the covenants, conditions, restrictions.and easements hereinafter set forth. 1. The Property shall be used only for recovery and recycling of commercially recyclable materials, but limited to paper, aluminum, plastic and glass, and except for the 11, limitations on commercial recycling, for any other lawful purpose permitted by applicable governmental codes, laws, ordinances, orders, decrees, rules and regulations. 2. The storage of any recyclable materials and products shall at all times be ?,n limited to the interior of any building or buildings located on the Property and no outside storage of recyclable materials or products shall be permitted. 3. For so long as a materials recovery facility is operated on the Property the covenants and restrictions of this Declaration shall run with the land. In the event that a materials recovery facility ceases to be operated on the Property, this Declaration shall automatically terminate and be of no further effect without any further action being required by Declarant. 4. For so long as this Declaration is in effect, each grantee of Deciarant by taking title to the Property, and each purchaser under any contract for a deed of conveyance pursuant to which said grantee will take title, accepts said title subject to all restrictions, conditions, covenants, reservations, rights and powers created or reserved by this Declaration, and all rights, benefits and privileges of every character hereby granted, created, reserved or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having at any time any interest or estate in said land, and shall inure to the • benefit of such person in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance, or in any mortgage or trust deed or other evidence of obligation, and the rights described in this Section 5 or described in any other part of this Declaration shall be sufficient to create and reserve such rights to the respective grantees, mortgagees and trustees of such Property as fully and completely as though such rights were recited fully and set forth in their entirety in any such documents. 5. If a court of competent jurisdiction shall hold invalid or unenforceable any part of this Declaration, such holding shall not impair, invalidate or otherwise affect the remainder of this Declaration which shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. TRIPLE CROWN PROPERTIES I, L.L.C. By: Michelson Asset Management, Inc., a Missouri corporation, Managing Member By: Name: i ;04401-ti C aiEE7/ Title: 1,4'Le_ Pres.(7..O7 STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) On this 3 0p" day of August, 1995, before me appeared �� l Dib , to me personally known, who, being by me duly sworn, did say that he•the llI 1of Michelson Asset Management, Inc„ a Missouri corporation, the Managing Member of Triple Crown Properties I, L.L.C., a Missouri limited liability company and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors on behalf of the limited liability company; and acknowledged said instrument to be the free act and deed of said corporation and said limited liability C7) company. IN TESTIMONY WHEREQF I have hereunto set my hand and affixed my official seal the day and year first abp '_1' its /7Z4J NOT'��' Notara/ Public NOTARY PUBLIC My commission expires: � .•.tOF M1 •.....• MARGARET'1CQEL NOTARY PUBUC-STS mous ST.CHARLES COUNTY • mMISSION EXPFIES:M( tIM EXHIBIT "A" LOT 8 IN BLOCK 5 OF BURLINGTON NORTHERN INDUSTRIAL PARK RENTON II, ACCORDING TO THE PLAT RECORDED IN VOLUME 111 OF PLATS, PAGES 42 THROUGH 44, INCLUSIVE, IN KING COUNTY, WASHINGTON. to O i4 0