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Home My WebLink AboutCAG1990-0152 - Original - Upland Industrial Development Company - Declaration of Setback Restrictions - 03/07/1990 8-8286-2-2 Page 1 DECLARATION OF SETBACK RESTRICTIONS THIS DECLARATION OF SETBACK RESTRICTIONS is made this V day of , 1990, by UPLAND INDUSTRIAL DEVELOPMENT COMPANY, a Nebraska corporation ("Declarant") . WHEREAS, Declarant is the owner of that certain real property situated in the County of King, State of Washington, described in Exhibits A and B attached hereto and incorporated herein by this reference (hereafter individually referred to as "Lot 1" and "Lot 2", respectively, and sometimes herein collectively referred to as the "Lots") ; and WHEREAS, Declarant desires to establish a common plan of setback restrictions to the Lots by creating setback strips in which no buildings or structures may be erected or placed; and WHEREAS, this Declaration is executed to conform to the mandatory requirements of Uniform Building Code Section 506 (b) , which provides for establishment of a sixty foot (601 ) area wherein no building or structure can be erected or placed. NOW, THEREFORE, based upon the foregoing and in consideration of the promises, covenants, agreements and undertakings contained in this Declaration and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Declarant states as follows: 1. No Buildings. No building, structure or other improvement of any kind whatsoever shall be commenced, placed, constructed, erected, maintained or permitted to remain on the northerly thirty feet (301 ) of the land described in Exhibit A and the southerly thirty feet (301 ) of the land described in Exhibit B (collectively, the "Easement Area") . , Nothing herein contained shall be deemed a restriction on the use of said strips for underground utilities, railroad tracks, parking, driveway, walkway, fencing or landscaping. 2 . Duration and Modification. The covenants, conditions, restrictions and provisions of this Declaration are imposed upon: 8-8286-2-2 Page 2 (a) That portion of Lot 1 lying within the Easement Area (the "Lot 1 Easement Area") for the benefit of Lot 2 , and shall run with and bind the Lot 1 Easement Area and the successive owners thereof, and shall inure to the benefit of and be enforceable by the owners of Lot 2 ; and (b) That portion of Lot 2 lying within the Easement Area (the "Lot 2 Easement Area") for the benefit of Lot 1, and shall run with and bind the Lot 2 Easement Area and the successive owners thereof, and shall inure to the benefit of and be enforceable by the owners of Lot 1; and by their respective legal representatives, heirs, successors and assigns, all for a perpetual term commencing with the date this Agreement is recorded in the records of the County Recorder of King County, Washington. The covenants, conditions, restrictions and provisions (including, without limitation, the perpetual term of this Declaration) contained herein may be modified, amended, changed or added to only by an instrument signed by a majority of the then owners of the property described in Exhibit A and the property described in Exhibit B and recorded in the records of the County Recorder of King County, Washington, agreeing to change said covenants, conditions, restrictions and provisions in whole or in part, and unless prior notification is provided to, and approval is obtained from, the City of Kent. 3 . No Waiver. No failure or delay on the part of a covenantee to enforce any covenant, condition, restriction or provision contained in this Declaration or in exercising any right, power, privilege or remedy may be, or may be deemed to be, a waiver thereof; nor may any single or partial enforcement or exercise of any right, power, privilege or remedy preclude any other or further exercise of the same or any other right, power, privilege or remedy. The City of Kent is granted authority to enforce the covenants contained herein against the then respective owners of the properties described in Exhibits A and B. 4 . Enforcement and Cumulative Rights. Violation or breach of any covenant, condition, restriction or provision contained in this Declaration shall 8-8286-2-2 Page 3 give to a covenantee the right to prosecute an action or proceeding at law or in equity against the person or persons who have violated or breached or are attempting to violate or breach any of such covenants, conditions, restrictions or provisions to enjoin or prevent them from doing so, to cause such breach or violation to be remedied or to recover damages for such violation. The rights, powers, privileges and remedies of a covenantee provided herein are cumulative and not exclusive of any right, power, privilege or remedy provided by law or in equity. 5. Severability. In the event any portion of this Declaration shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Declaration, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Declaration. 6. Headings. The paragraph headings contained in this Declaration are for purposes of reference and covenience only and shall not limit or otherwise affect the meaning of this Declaration. IN WITNESS WHEREOF, Declarant hereto has executed this Declaration as of the day and year first above written. UPLAND INDUSTRIAL DEVELOPMENT Attest: COMPANY CJI� y Assistant Secretary7 �f� C/, c President (SEAL) The City of Kent, Washington executes this Declaration for the purpose of acknowledging that this Declaration satisfies the requirements of Uniform Building Code Section 506 (b) with respect to the existence of a public way or yard not less than sixty feet (601 ) in width adjoining 8-8286-2-2 Page 4 the land described in Exhibit A along the northerly boundary thereof, and adjoining the land described in Exhibit B along the southerly boundary thereof, but only to such extent. Attest: CITY OF KENT, WASHINGTON By C 'ty Clerk ItsG�/L/J G ��ICI 8-8286-2-2 Page 5 STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, th undersigned authorit on tlh%s day personally appeared F ��-�\� ��" of UPLAND INDUSTRIAL DEVELOPMENT COMPANY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 1990. D1ANE M. STEPHENSON NotaryPublic, St to of Texas if MY COMMISSION EXPIRES HNN. � May 28, 1994 My commission expires:--J14 (SEAL) 8-8286-2-2 Page 6 STATE OF WASHINGTON ) SS. COUNTY OF KING ) On this day of ff\aCCh , 1990, before me, a Notar Public in and for said State, personally appeared 1�abec �. N��ch�nSo� known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the of the CITY OF KENT, a municipal corporation, and acknowledged to me that such municipal corporation executed the same. WITNESS my hand and official seal. Notary Public (SEAL) EXHIBIT A TO 8-8286-2-2 Page 1 of 1 Page EXHIBIT A All of Lot 1 of Van c o�ded under Landing K Short ing Count'at Auditor's s File �9in the 0022713,32 f Kent. King County, Washington, as EXHIBIT B TO 8-8286-2-2 Page 1 of 1 Page EXHIBIT B All of Lot 2 of Van Doren's Landing Short Plat III, SP-89-19, in the City of Kent, King County, Washington, as recorded under King Count Auditor's File *9002271332.