HomeMy WebLinkAboutCAG2001-0547 - Original - The Boeing Company - Declaration of Monument Signage Covenants - 10/03/2001 date by
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City of Kent 20011023 00586
220 Fourth Avenue South
Kent, WA 98032 PUBLIC DECL 19.00
PAGE 601 OF 012
KING3COUNTY,9UA8
Grantor/Declarant: City of Kent, a Washington municipal corporation
Grantee: The Boeing Company, a Delaware corporation
Reference No.: N/A
Abbrev. Legal Descrip.: Portion of right-of-way of South 196th Street and
West Valley Highway being a portion of
Government Lot 1, Section 2, Township 22 North,
Range 4 East
Full Legal Description Contained in Exhibit A
Assessor's Tax Parcel No.: City of Kent roadway right-of-way O/A
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DECLARATION OF MONUMENT SIGNAGE COVENANTS
THE CITY OF KENT, a Washington municipal corporation (the "City"), is the
owner of certain real property situated in the City of Kent, King County, Washington
which is a portion of the rights of way of South 1960' Street and West Valley Highway
and is further described in Exhibit A, attached and incorporated by this reference THE
BOEING COMPANY, a Delaware corporation ("Boeing"), is the owner of the real
property that is subject to the Plat of Pacific Gateway Business Park, recorded under
King County recording number 20010117000904, which real property is further
described in Exhibit B, attached and incorporated by this reference The City and Boeing
wish to establish the parties' respective rights and responsibilities with regard to the
location, construction and perpetual maintenance of a monument sign project to be
located within the portion of the rights of way described in Exhibit A
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 1
(Between Gry ojKent and The Boeing Company) SBO12320 204
NOW, THEREFORE, the City and Boeing hereby covenant and agree to grant,
convey and establish the following rights and obligations in order to provide for the
location, construction and perpetual maintenance of the monument sign project as
described herein
Section 1 Property Subiect to Covenants. The real property that is now subject
to the provisions of these covenants is the real property located within the portion of the
rights of way as described in Exhibit A
Section 2. Definitions. As used in this instrument-
(a) The words "Right of Way" refer to the right of way of South 196a' Street
and West Valley Highway as further described in Exhibit A.
(b) The word "Plat" refers to the Plat of Pacific Gateway Business Park as
identified in the preamble hereto, as amended, modified, or supplemented from time to
time.
(c) The words "Sign Project" refer to the signs for Pacific Gateway Business
Park and the City of Kent, and related landscaping and irrigation, all as more fully
described in the Landscaping Plan approved by the City and attached and incorporated
herein as Exhibit C.
(d) The word "Lot" refers to any lot shown on the Plat, but shall not include
any parcel designated as a "Tract" on the Plat.
(e) The word "Owner" or "Owners" refers to the entity, whether an individual,
corporation, limited liability company,joint venture or partnership, that is an owner in fee
simple of a Lot. All references to Owner or Owners shall include Boeing for so long as
Boeing owns a Lot within the Plat
(f) The words "Owners' Association" and "Association" refer to the nonprofit
corporation, if any, hereafter formed for the purpose of operating and maintaining
common properties within the Plat that may be conveyed by Boeing or its successors and
assigns to the Owners' Association and to which the Owners' Association may provide
other services in order to benefit the owners of property within the Plat.
Section 3. Construction, Maintenance and Access Rights The City hereby grants
and conveys to Boeing and its successors and assigns the right to enter on, in, over,
under, upon and across the Right of Way for the limited purpose of locating,
constructing, maintaining, repairing and replacing the Sign Project as described in
Exhibit Q provided, however, that said rights shall be subject to the provisions of
Section 7 herein.
DECLARATION OF MONLUENT SIGNAGE COVENANTS PAGE 2
(Between Ctry ojKent and The Boeing Company) SB012320 204
Section 4 Maintenance Obligations Subject to the provisions of Sections 5 and 6
herein, Boeing, as the current Owner of all of the Lots, and all successor Owners of the
Lots, shall be jointly and severally responsible for the installation, construction and
perpetual maintenance of the Sign Project, including the irrigation system, the lighting
and electrical system, the landscaping, and monument signage located within the Right of
Way described in Exhibit A, in accordance with the landscape plan approved by the City
and attached as Exhibit C This provision is subject to the rights of the City of Kent as
set forth in Section 7 herein Boeing and its successor Owners shall be responsible only
for maintenance of the improvements and landscaping that constitute the Sign Project
located within the Right of Way described in Exhibit A
Section 5 Assignment to Owners' Association. In the event that an Owners'
Association is formed that includes the Owners of all of the Lots within the Plat, Boeing
and the Owners may assign all of their rights, obligations and liabilities under this
Declaration to the Owners' Association, whereupon Boeing and the Owners shall be
released from all further obligations and liabilities hereunder.
Section 6 Conveyances. In the event that Boeing or an Owner conveys fee title
to all of its Lots within the Plat, the conveying Owner shall be released from all
obligations and liabilities under this Declaration.
Section 7 Enforcement Rights.
7.1 Removal for Public Purposes. Execution of this Declaration shall
not affect the City's right to modify the Right of Way as part of a street realignment or
widening. The City or its appointed contractor may at any time remove, replace or
modify a portion, segment or all of the Sign Project improvements and landscaping on
the Right of Way described in Exhibit A, in order to permit either the realignment or
widening of either South 196a' Street or West Valley Highway for public purposes.
Provided that Boeing and all other Owners (or the Owners' Association, if it has
succeeded to the rights and obligations of Boeing under this Declaration) have been given
notice and at least 30 days opportunity to remove, replace or modify the Sign Project as
required by the City and have failed to do so, Boeing and the Owner(s) (or the Owners'
Association, as appropriate) shall reimburse the City within 15 days of demand for all
reasonable and necessary costs and expenses incurred to remove, replace or modify the
Sign Project improvements and landscaping The liability of Boeing and the Owner(s)
(or the Owners' Association, as appropriate) hereunder shall extend only to the costs of
removing, replacing or modifying the Sign Project improvements and landscaping, and
not to such other expenses as may be involved in the associated street project
7.2 Maintenance Obligations In order to ensure the proper
maintenance of the Sign Project, the City shall have the right as provided below, but not
the obligation, to maintain and irrigate the Sign Project if Boeing and/or the Owner(s) (or
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 3
(Between City ofXent and The Boeing Company) SBO12320 204
the Owners' Association, as appropriate) shall fail to do so within ten days after written
notice of the failure is mailed to or served upon the responsible parties However, no
notice shall be required in the event that the City reasonably determines that an
emergency exists that may cause damage to persons or property if the situation is not
remedied prior to the time required for notice If the City provides notice in writing, but
Boeing and/or the Owners (or the Owners' Association, as appropriate) fail or refuse to
perform any necessary maintenance or operational duties as reasonably requested by the
City, the City may enter the Right of Way and undertake the necessary maintenance or
operational duties to the City's reasonable satisfaction. If the City reasonably exercises
its rights under this Section, then Boeing and the Owner(s) (or the Owners' Association,
as appropriate) shall reimburse the City on demand for all reasonable and necessary
related expenses, including all reasonable legal costs, attorneys' fees and reasonable
administrative costs In addition, if the Association has been assigned Boeing and/or
Owners obligations under this Declaration, then the City shall have the power and
authority to exercise and enforce on behalf of the Association and at the Association's
cost, dues, assessments and charges for costs incurred by the City under this paragraph
and to enforce a lien right for any assessments, dues and charges herein specified. If
Boeing, Owner(s), or if applicable, the Owners' Association fails or refuses to perform
the necessary maintenance, repair, replacement or modifications, the City may enjoin,
abate or remedy that breach or continuation of breach by appropriate proceedings, and
may bring an action against the violator(s) for penalties under applicable law. The City
shall also be permitted to collect the costs of administration and enforcement through the
foregoing lien by an attachment and collection process as permitted under RCW Chapter
35.67.
Section 8. Covenants to Run With the Land. The promises, conditions and
restrictions contained herein shall constitute a covenant or equitable servitude, the burden
and benefit of which shall run with the land and bind successive owners with equitable or
legal interests in the Right of Way and the Lots subject to the Plat. Accordingly, by its
acceptance of a deed or other instrument vesting a fee title to a Lot within the Plat in such
Owner, each Owner shall covenant to be bound by the obligations incumbent upon an
Owner as set forth herein, and shall be entitled to all rights and benefits accruing to an
Owner hereunder.
Section 9. Indemnification. Subject to Sections 5 and 6 herein, Boeing and all
other Owners agree to defend, indemnify and hold harmless the City for any and all third-
party claims, demands, actions, injuries or losses, whether known or unknown, foreseen
or unforeseen, fixed or contingent, liquidated or unliquidated, arising from or connected
to any action relating to an alleged defect in design of the landscaping or irrigation
system of the Sign Project as installed by Boeing or arising by reason of the negligent
performance of any of the obligations under this Declaration by Boeing, its successors
and assigns and/or the Owners
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 4
(Between City of Kent and The Boeing Compan}) SBO12320 204
6
Section 10. Recordation. Modification and Termination This Declaration of
Monument Signage Covenants shall be recorded in the Office of Records and Elections
in King County, Washington, and shall serve as notice to holders of after-acquired
interests in the Plat This Declaration may not be modified or terminated except by a
written agreement signed and approved by the City and Boeing or, after Boeing no longer
owns fee title to a Lot, the Owners of the Lots
Section 11. Notices For so long as Boeing is the Owner of any portion of
property in the Plat, notice to Boeing shall be given in writing by personal delivery or by
certified or registered mail, return receipt requested, at the address set forth below
Following conveyance by Boeing of any portion of the property in the Plat, any notice to
be given to any subsequent Owner hereunder must be in writing and may be given by
personal delivery or by mailing the same by registered or certified mail, return receipt
requested, to the Owner at such address as each Owner shall designate in a writing
delivered to the City Notice to the City shall be given in writing by personal delivery or
by certified or registered mail, return receipt requested, at the address set forth below.
DECLARANT: CITY:
The Boeing Company City of Kent
Colette Temmink Public Works Department
Director of Development 220 Fourth Avenue South
Boeing Realty Corporation Kent, Washington 98032
P O Box 3707 MC 2R-79
Seattle,WA 98124-2207
with a copy to:
Gerald Bresslour
Counsel
Office of the General Counsel
The Boeing Company
P.O. Box 3707 MC 13-08
Seattle,WA 98124-2207
Section 12. Severability. It is further expressly agreed that in the event of any
covenant, condition or restriction hereinabove contained or any portion thereof is invalid
or void, such invalidity or voidness shall in no way affect any other covenant, condition
or restriction hereinabove contained.
[The remainder of this page is intentionally left blank.]
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 5
(Between City ojKent and The Boeing Company) SBO 12320 204
b
I WITNE WHEREOF, the parties hereto have executed this Declaration on
the jl�day of 2001
CITY OF KENT
By
Name:
Title.
T BOEING_C ANY
e.
flip V600�rt
Title:
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 6
(Between City of Kent and The Boeing Company) SB012320 204
STATE OF WASHINGTON )
) ss
COUNTY )
On this,��ay of ai?t� , 2001, before me, the undersigned, a
Notary Public in and for t ate of Washington, duly commissioned and sworn,
personally appeared to me
known to be the person wh igned as of the
CITY OF KENT, the municipality that executed the w' in and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said
mu 'cipality for the uses and purposes therein mentioned, and on oath stated that
was duly elected, qualified and acting as said representative of the municipality,
and that �� was authorized to execute said instrument.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written
(Si44ture of Notary)
�;o a*TA RpIF,
L p I (Print or stamp name of Notary)
A 84
y,,• NOTARY PUBLIC in a r t State
F of w>ASN��'r of Washington, residing a
My appointment expires: _ Za -/S -D
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 7
(Between Gry ojKent and The Boeing Company) SB012320 204
STATE OF WASHINGTON )
ss
COUNTY OF,�I )
On this �c of 6er001, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared �f - I to me
known to be the person who sigifed as l cP_ /X-Jlc�f'IX— of THE
BOEING COMPANY, the corporation that executed the within and foregoing
instrument, and acknowledged 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
was duly elected, qualified and acting as said officer of the corporation and that
was authorized to execute said instrument
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day
and year first above written.
`�,��ttts nie. ' ,
a�?
.....`..�8yy,� (Signature of otary) / ,�tA YlV1c.,� I
• pOTAR� $
(Print or stamp name of Notary)
X or+
7 •;Y�� qo. NOTARY PUBLIC in and fo the Stat
�yj�gN�N� of Washington,residing at
aUlu tu My appointment expires-
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 8
(Between City ofKent and The Boeing Company) SBO12320204
b
EXHIBIT A
RIGHT OF WAY
That portion of the right-of-way of South 196 h Street and West Valley Highway (68th
Avenue South (State Route 181)being a portion of Government Lot 1, in Section 2,
Township 22 North, Range 4 East, Willamette Meridian, in King County, Washington,
described as follows-
BEGINNING at the intersection of the South margin of South 196 h Street and the West
margin of West Valley Highway as shown on the Plat of Pacific Gateway Business Park,
recorded in Volume 197 of Plats, at pages 62 through 67, Records of King County,
Washington,
THENCE South 42a49'26" East, 5.52 feet along said West margin;
THENCE South 22*3619"East, 217.22 feet along said West margin;
THENCE South 13a46'14" East, 102.65 feet along said West margin and its Southeasterly
projection;
THENCE North 01053'21" East, 71.44 feet,
THENCE North 12034'27" West, 36.76 feet,
THENCE North 86a51'39" West, 6.72 feet;
THENCE North 01044'25" East, 10.05 feet;
THENCE South 89051'0l" East, 7.06 feet;
THENCE North 01057'49" East, 134 75 feet;
THENCE North 02a24'31" West, 26.88 feet;
THENCE North 1603657" West, 18.05 feet to a point in a curve the radius point of which
bears South 34a42'22" West,
THENCE Northwesterly along the arc of a curve concave to the Southwest having a
radius of 58.42 feet, through a central angle of 31a44'05" and an arc length of 32.36 feet;
THENCE North 89004'49" West, 78.31 feet to a point which bears North 42049126" West
from the POINT OF BEGINNING;
THENCE South 42°49'26" East, 5.18 feet to the POINT OF BEGINNING.
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 9
(Between Cray ofKeni and The Boeing Company) SB012320 204
EXHIBIT B
PACIFIC GATEWAY BUSINESS PARK PLAT
LOTS 1-33, PACIFIC GATEWAY BUIS ESS PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOL. 197 OF PLATS, PAGE 62, RECORDS OF KING
COUNTY,WASHINGTON
i
DECLARATION OF MONUMENT SIGNAGE COVENANTS PAGE 10
(Between CirygfKen(and The Boeing Company) SB012320.204
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