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Home My WebLink AboutE 20010213001445 i' 20010213001445 CITY OF RENTON EAS 16.00 02GE30200/F14040 After Recording Return to: KiNc couNrv, wA City Clerk�'�s Of f ice City of Renton 1055 S. Grady Way Renton WA 98055 Document Title or Titles: Declaration of Easements For Southpointe Office Park Reference Nos. of Documents Assigned or Released: None Name of Grantor: Puget Western, Inc., a Washington corporation. � _;� Name of Grantee: �— All current and future owners of real property located in Blocks 1-2, Walsworth's First `_; Add., Vol. 6, P. 23 & Lots B & D, LLA LUA-98-164-LLA, Rec. 9812109014, & Ptn of `"' NE'/419-23-05. e- S�J C_� � Abbreviated Legal Description: Blocks 1-2, Walsworth's First Add., Vol. 6, P. 23 & �� Lots B & D, LLA LUA-98-164-LLA, Rec. 9812109014, & Ptn of NE'/4 19-23-05. �a C`J Additional Legal Description Found On: Page 9. Assessor's Property Tax Parcel Number or Account Number: 915460-0010-00, 192305-9099, 202305-9007-08, & 202305-9008-07. 51225\03919�215926.V01 BLB DECLARATION OF EASEMENTS FOR SOUTHPOINTE OFFICE PARK ARTICLE I DECLARATION This Declaration is made on the date hereinafter set forth by Puget Western, Inc., a Washington corporation ("Declarant"), which is the owner of all that certain real property located in Renton, Washington, commonly known as Southpointe Office Park and described on E�ibit A (the "Park"). All of the real property within the Park shall be held, sold and conveyed subject to the easements, set forth in this Declaration (collectively, the "Easements"). Such Easements shall benefit the Park and are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Park and each of the Lots (defined below) located therein. Declarant reserves the right to initiate any and all studies, sign any and all agreements, and otherwise take actions necessary to satisfy any requirements of the City of Renton. ARTICLE II DEFINITIONS � For purposes of this Declaration, the following words and phrases have the � following meanings: r- �� `= 2.1 "City" — shall mean the City of Renton in King County, Washington, �-� and/or any other governmental entity with jurisdiction over the Park. P-^ �� _" 2.2 "Declaration"— shall mean this Declaration of Easements for Southpointe r-- Office Park as it may be amended from time to time. �� _� `�V 2.3 "Declarant"—shall mean Puget Western, Inc., a Washington corporation. 2.4 "Improvement" — shall mean any building, sign, parking area, road, driveway, sidewalk, curb, ramp, utility facility, storm water drainage facilities or irrigation system, screening or retaining wall, barrier, or fence, planted tree, shrub or other plant, light, and any other permanent structure now or hereafter constructed or placed in, on or under the surface of the Park. 2.5 "Lot" — shall mean each of Lot 1 through Lot 4 of the Lot Line Adjustment. 2.6 "Lot Line Adjustment" — shall mean the City of Renton Lot Line Adjustment number LUA 99-153. 2 51225\03919�215926.V01 BLB CC&R's-Esm[Only 01292001.DOC 2.7 "Mortgagee" — shall mean the beneficial owner of any encumbrance created by a Mortgage and, in the case of a sale and leaseback, the leaseback lessor. 2.8 "Occupant" — shall mean a lessee or licensee of an Owner or any other Person other than an Owner in lawful possession of a Lot with the permission of the Owner. 2.9 "Owner" — shall mean any Person who is record owner of fee simple title to any Lot, including Declarant, excluding any Person who holds such interest as security for the payment of any obligation, but including contract sellers and any Mortgagee in actual possession of a Lot. 2.10 "Park" — shall mean the real property described on Exhibit A attached hereto and incorporated herein by this reference. 2.11 "Permitees" — shall mean all Occupants and their respective officers, directors, members, managers, employees, agents, contractors, customers and invitees, to the extent that their activities relate to the intended use of the Lots. tr, 2.12 "Person" — shall mean any individual, partnership, association, � corporation, limited liability company, trust or other form of business or governmental �-- entity. �-� �� `�' 2.13 "Record", "Recorded", "Recording" or "Recordation" - shall mean with �- respect to any document, the filing for record of said document with the real property �;; records of King County, Washington, Department of Records and Elections. .--- �� ARTICLE III � RECIPROCAL EASEMENTS 3.1 Access Easements. Declarant on behalf of itself and its successors and assigns, hereby reserves, establishes and grants for the benefit of each of the Lots and their Owners, Occupants and Permittees, an irrevocable, non-exclusive, perpetual, appurtenant easement, over and across the areas of ingress and egress, driveways, sidewalks and other vehicular and pedestrian ways located upon the Lots, as the same may from time to time be constructed and maintained, for pedestrian and vehicular ingress and egress to and from the Lots. 3 51225\03919�215926.V01 BLB CC&R's-Esmt Only 01292001.DOC 3.2 Parking Easements. Declarant, on behalf of itself and its successors and assigns, hereby reserves, establishes and grants for the benefit of each of the Lots and their Owners, Occupants and Permittees, an irrevocable, non-exclusive, perpetual, appurtenant easement, over and across the parking areas located upon the Lots, as the same may from time to time be constructed and maintained, for the purpose of parking in certain parking areas within the Park. Notwithstanding that, as a result of the easements established in this Section 3.2, parking on the Lots is shared, except as otherwise specifically agreed in a Recorded instrument by and between any two or more Lot Owners: (a) no Lot Owner shall use, or promise the Occupants andlor Permittees of its Lot that they may use, in the aggregate, more parking spaces than the number that are located on that Owner's Lot and adjacent paxking stalls to allow up to four (4) stalls per 1,000 net rentable square feet and (b) each Owner shall use its best reasonable efforts to cause Occupants and Permittees of its Lot to park in the parking spaces located on its own Lot. 3.3 Utility Easements. Declarant, on behalf of itself and its successors and assigns, hereby reserves, establishes and grants for the benefit of each of the Lots and their Owners, Occupants and Permittees, irrevocable, non-exclusive, perpetual, �,.7 appurtenant easements for the construction, installation, operation, maintenance, repair -�- and replacement of utilities serving the Improvements located or to be located on the � Lots, including water, gas, telephone, electricity, sewers and storm drains over, under, � across and through (a) any easement areas created by Declarant in any utility easement �� agreement(s) and (b) as to any utilities initially constructed that are located within the �_ Park, at the location at which such utilities are initially constructed. If any utility �'�� easements are created at the as-built location of the utility, the Declarant, may (and, upon � written request from the user of such utility, shall) either (i) Record an amendment to this �� Declaration or (ii) Record a separate easement declaration that specifies the legal � �; description of the location of such utility easement. 3.4 Cooperation. Any Lot Owner that desires to enter onto another Lot ("Entering Lot Owner") in the exercise of its rights under Section 3.3 shall give the Owner of the Lot to be entered (the "Entered Lot") reasonable written notice before entering the Entered Lot, if the Entering Lot Owner's activities might impact the operation of the facilities or business on the Entered Lot. The Entering Lot Owner shall coordinate its activities with the Entered Lot Owner so as to cause minimum disruption to the operation of the facilities and business on the Entered Lot and shall cause its contractor or contractors to conform to all reasonable requests from the Entered Lot Owner regarding minimization of such interference. Notwithstanding the preceding provisions of this Section 3.4, in an emergency, the Entering Lot Owner shall notify the Entered Lot Owner of its entry as soon as reasonably possible. In exercising its rights under Section 3.3, the Entering Lot Owner shall use all reasonable measures to prevent 4 51225\03919\215926.V01 BLB CC&R's-Esmt Only 01292001.DOC damage to the Improvements located upon the Entered Lot and shall restore any damaged Improvements as nearly as possible to the condition they were in immediately before the entry. All restoration shall be performed as soon as reasonably possible following completion of any work and shall be coordinated in advance with the Entered Lot Owner to minimize disruption to the operation of the facilities and business on the Entered Lot. 3.5 Liens and Indemnitv. The Entering Lot Owner shall defend and indemnify the Entered Lot Owner against any and all claims, costs, liabilities and damages arising out of the exercise of its right under Section 3.3 (including Attorneys' Fees incurred in the investigation or defense of such actions). If any mechanic's, materialmen's or other lien is asserted against the Entered Lot as a result of the Entering Lot Owner's exercise of its rights under Section 3.3, within ten (10) days after written request from the Entered Lot Owner, the Entering Lot Owner shall cause such lien to be released and discharged of Record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge. In any case, the Entering Lot Owner shall cause such lien to be discharged prior to entry of final judgment for the foreclosure of such lien. The Entering Lot Owner shall defend and indemnify the Entered Lot Owner to the same extent as set L-, forth in the first sentence of this Section 3.5 on account of such claim or lien. .�- � �— ARTICL� IV �' AMENDMENT AND REPEAL � � �--- 4.1 By Lot Owners. Except as specifically provided otherwise in this �; Article IV, this Declaration may be terminated or amended only by a Recorded written instrument executed and acknowledged by the Owners of Lots containing not less than T^ :� fifty-one percent (51%) of the gross leaseable area of all buildings located within the � Park. Notwithstanding the preceding, the easements created by Article III may not be terminated or modified without the written consent of all Lot Owners and, if required, by the City. 4.2 Bv Declarant. Notwithstanding anything to the contrary contained in this Declaration, as long as Declarant owns at least one Lot, Declarant may alone amend any section of this Declaration provided that: (a)prior to any such modification or amendment, Declarant obtains the approval of the City; (b) any amendment shall not permit any type of improvements or use which is specifically prohibited by this Declaration; (c) such amendment shall not impose additional monetary obligations upon any Owner, unless required by the City; and (d) the provisions of Article III are not terminated. 5 51225\03919\215926.V01 BLB CC&R's-Esmt Only 01292001.DOC 4.3 All Amendments. No amendment may contravene any valid and applicable federal, state or local law, ordinance, rule or regulation. Any amendment shall be effective only after (i) all affected Owners have been given thirty (30) day's prior written notice of any proposed change, and (ii) a written instrument, executed and acknowledged by the required Owners, has been Recorded in the real property records of King County, Washington. ARTICLE V MISCELLANEOUS 5.1 Term. The easements created by Article III shall be perpetual. All other provisions of the Declaration shall also be perpetual, unless they are terminated pursuant to Article IV. 5.2. Notice. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be deemed delivered on the earlier of (i) three (3) business days after posting of registered or certified mail, addressed to the Lot Owner at the address of the Lot owned by such Lot Owner, or at such other address as such party may have specified to the others in writing, or (ii) actual receipt by the addressee, which may be by (a) personal service, or (b) overnight courier if the courier � service provides a signed receipt showing actual delivery. � r-- � 5.13. Attorne, s'�Fee_. In the event of any litigation or other proceeding to ; enforce any provision of this Declaration, the prevailing party shall recover from the non- r-- prevailing party all costs, damages and expenses, including attorneys', paralegals', �a clerical and consultants' fees, and charges actually expended or incurred in connection `"�' therewith, including for appeals or any bankruptcy proceeding (collectively, "Attorneys' �'-- Fees"). � G7 tV 5.14 Constructive Notice and Acce tp ance. It is, by the Recording of this Declaration, considered that every Person who now or hereafter owns, occupies, leases, possesses or acquires any right, title or interest in or to any portion of the Park has consented and agreed to every term, condition, and easement contained in this Declaration. 6 51225\03919�215926.V01 BLB CC&R's-Esmt Only 01292001.DOC IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this�day of February, 2001. DECLARANT Puget Western, Inc., a Washington corporation By: /C �� Title: President L'7 i� � r-�- � � t'*'7� r N � •--- � 4='� N 7 51225\03919\215926.V01 BLB CC&R's-Esmt Only 01292001.DOC . 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 ,� day of February, 2001, before me personally appeared R. B. Boyd, to me known to be President of Puget Western, Inc., a Washington corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said 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 was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. 4^' �� /fA Q-- G��v�, �� ``��1t1111��j� Notary Public in and for the State of Washington, ��, ```�J�,� ,M}oER��-�;�i�� residing at � ��. �c� �y�Z,� My commission expires: � ZJ � ► :��NOTARy `�� : ��-r' /� E,2�,� �v�/ �' = ' —�-- ' — � i : p�B��G .: : [Type or Print Notary Name] � . . �� i��l�� t 4,�� `�� . � '''��01111111��``� (Use This Space for Notarial Seal Stamp) g S I225\03919�215926.VOl BLB CC&R's-Esmt Only 01292001.DOC � ' � • . EXHIBIT A TO DECLARATION OF EASEMENTS FOR SOUTHPOINTE OFFICE PARK LEGAL DESCRIPTION All those portions of Blocks 1 and 2, including the unnumbered tracts adjoining the lots in Block l, Walsworth's First Addition to Renton, according to the plat thereof recorded in Volume 6 of Plats, page 23, Records of King County, Washington, lying Southerly of South Grady Way and Northeasterly of Talbot Road South; TOGETHER WITH those portions of Burnett Avenue South and South 8th Avenue vacated by City of Renton Ordinance No. 2850, which attached thereto by operation of law; �� t TOGETHER WITH Revised Parcels "B and D" of City of Renton Lot Line Adjustment �— No. LUA-98-164-LLA as recorded under Recording No. 9812109014, Records of King � County, Washington; and � r- TOGETHER WITH that portion of the Southeast quarter of the Northeast quarter of �`,,' Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington lying Easterly of Talbot Road South and lying Northerly of Primary State Highway No. 1, as a deeded to the State of Washington by Quit Claim Deed recorded June 26, 1964 under �`� Recording Number 5754046. �� ALSO KNOWN AS "Parcels 1, 2, 3 and 4 of City of Renton Lot Line Adjustment number LUA 99-153, situate in King County, Washington." 9 51225\03919�215926.V01 BLB CC&R's-Esmt Only 01292001.DOC DEL'�L;., , ;._�}�;s�l./a�VNIIVG u�7v raF F��f�frON FEB 0 � 2001 ��3� RECEIV�D �OOZ Z 0 �3� No�..N3a�o ui� ��wN�d l��wao��n�n . „ , . . ! . •