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HomeMy WebLinkAboutWTR2700559 FIRE HYDRANT @ WENDY'S HAMBURGERS W-559 @ RAINIER AVE. NORTH OF S. 3rd. a � 1 1 anq�tow"met 000awl ta,. ar r..e,.am,e (+gad Ir Rkr� is loom of .. 1rlt.._............_.._............................__...........�...._,....._........,_... Adlhwl .,.._......_.._...__._ ...... ._..._._.._... _._.._ a1r.�Mr. _. ...__......._._.._._.._ ........ ............................_._ i BIU OF SALE 11NGW ALL MEN •Y THESE PRESENTS: ^hat MUCH CARNEY AND KOJON CARRIfyr hie rife County of Ring W Renton ra w is ,State of WSA*Etm,at parties of W part gat W. cammdnatlaa of the War of One and No/:00----- ._________ DofWs lawlul money 01 the United SUtr of A,umra,to them Is Band POW By the City of Renton the par lee of the feroad part, the toceipt whteaof u bmeby ackeowled"fl. does b, ,hey pmamu gen1 . bargais, 'HI and dditer unto tlr rid parties of the recand Part,the foliovrl g de!;•ihed wtmum; Prapany oot Located at 226 - 230 Rainer Avenue South it the City or Renton Cowry of Ring and State of Washiytan, ro,wit "-559 WENDY'S WD FASWMED HAMBURGERS Store No. 56D64S. One fire hydrant assembly slid all aopurtenancea partelaing to said fire hydrant assembly expressly warranting said fire hydrant assembly dgsinst any aspeosee, coats or Ilona heret Incurred thereon by through or under seller It rein. TO HAY17 AND TO HMD the tune to the raid ponies of the teeand Feet, their ►airs, executor, ad"u"beeaton w argaa foevet. And raid pat tea of the fim pat. fm their eeocutora, admfeimMtre,corfngat v w agent s to and with the tad • hem' eferutorf, adrleft�tnrg w pun'as of the raved iron, their afeigaa, that mod pan lea of the Mat pert its omata(a) W the said pr°Paty,gsoa ted c►atteb and have pucd right w full autbanty to fell the fume, w that they NA lWesat and deiead the tale Busby made ante the rid put lea of the rcoed womtors.Msgniavaon and a put. their claim the stay, tmfea against a0 w creep perm mepereom, whaatafevo,lawluRy cilmfy m to IN WM-'MS WHEREOF.The rid pan leg or tBe arm pan gave hetewb vet their a" BMW thin ay of '19 base (OVAL) STATE (K WASHIN6M. Comity of )} On the ay p,negy Mperwf befog men ge ay aaews to be the taeleNw fem+i- is w Who maruted the witbis tad Arllohp lasimmer. w wlpeefdgef that VOW the taw a am sad pspy thongs yrnlaasg, fees w r+�faY a mad eea1, he The GWLN wear hay had sae s/eW MW Jr any of ,U Naetq NM as ad A i6 agog s Not Nq laiagt� q des rfw� �� . Y r 1sr . a s i r r� , Pied lm hand aeat Ill of O ..r. y pl 6 Ts, t�re,ifl9fafff�fll� cy rr 1B�ffffitl�p� 2i12%09 0O454 RECD F 3.00 CASHSL wawwt,O(, 22 o BILL OF SALE t ream a *to r r KNOW ALL MEN BY THESE PRpfiNTS: That HUGH CARNEY AND MARION CARNEY, his wife of County of N i rag .Stag at Nasbingtaa,floe part as of as Arai part, for and m omr deestion of the sum of One and No/100 ------------------------------------- ---- ---------- ------- w ----------------....._...___._____------____.____._____-Dan Irwful money of the United States of America,to them in►and pald by the C f ty of Ren ton the porn' of the second pan, the receipt wlesol is hereby ackmooledged, do by than presents (rant. bargain,ae0 food deliver onto the said party of the second pan.the following described personal property one )*mind at 226 - 230 Rainier Avenue South to the City of Renton ,Cmasty of King and State of Wastingtm, to-wit M011-559 WENDY'S OLD FASHIONED HAMBURGERS - Store No. 540645. One fire hydrant assembly and all appurtenances pertaining to said fire hydrant assembly expressly warranting raid fire hydrant assembly against any expenses, costs or liens hereto incurred thereon by, through or under seller herein. TO HAVE AND TO HOLD the coos to the Paid pan Y of the second ;-rt, i :5 brie, nerutnn administrator, and rai4„ forever. And rid ,sari;es of the grit part, for their brie, rrrutors, adminotraton,covemust and agree to and w{tb the rid party of the wood part,i t s essutari, adminstntars and amfp,, that rid parries of the Rest pan owner of the rid {roperiy,goods and chattels and 1% ve good nght and full authority to tell the same, and that they will warrant and defend the re hereby made unto the rid pan y of the second pan, i t s minnows,adtrdnistrarori and assigns, yawl a1 and every persm or perms. whomsoever,lawfully Cbbdtg or to claim 1Ye mass, IN WETNESS WHEREOF.The said part,es of the gn pan as ve batetmsa ma their farm s and NW" 15th day of Octobe �•i[]At�.e LQ (agar) (ataal ST\TE OF WASHiNGTON, l u CwNy of K I NG 00 this day pemsattoby appuntod belm as HUGH CARNEY and NARION CARNEY, husband a w to r knew to be ebo ladletdsal described to and who mcetW the within and aMeieg Vsentawwt ar d KkmwYdpod Use they aped t►r our ore their Irs and vobrton e:t aM teed Im the s and paeprr lhda asaatiard. GIM odes my W sad dkW sal tW 1 ht h day el October, 190 , �tet.•a� N,�aL.Gr fkrr of tad/.of iw ed� fed 1ken�on. RASMST GRANT FOR ACCESS AROUND FIRE HYDRANT This Easement Grant is made this _ day of 1981 ty and between Hugh Carney and Marion Carney, his wife, (hereinafter referred to as "Grantors") and the City of Renton, a municipal corporation of King County, Washington, (hereinafter referred to as the "Grantee") . WITNES:,ETH: That Grantors are the owners of land located in the City of Renton, County of King, State of Washington and described as follows and hereafter referred to as "Parcel 1N: That portion of the Northwest quarter of the Southeast quarter of Section Id, Township 23 North, Range 5 East, W.M. , more particularly described as follows: PARCEL A: Beginning at a point on the Easterly margin of Pacific Highway connection revision No. 2 (Primary State High- way No. 5) , 129.5 feet Southerly from the Intersection of the South line of Cedar River Pipeline of the City of Seattle, with the Easterly margin of said highway, (said point of Intersection being 2721.62 feet East and 16.8 feet North of the West 1/4 corner of Section 18, Township 23 North, Range 5 East, W.M., in King County, Washington; thence East parallel to said Cedar River Pipeline 333 feet, more or less, to the Westerly margin of Black River; thence Southwesterly along said Black River to a point which is 197.35 feet South of the Southerly line of Cedar River Pipeline measured at right angles therefrom; thence Westerly 303 feet, more or less, to the Easterly margin of said Highway; thence North along said Easterly margin 68 feet, more or less, to the point of beginning. EXCEPT portion conveyed to the State of Washington for road by deed recorded under Auditor's File No. 3101232. PARCEL B: In the County of King, State of Washington; that portion of Government Lot 10, Section 18, Township 23 North, Range 5 East, W.M. , described as follows: BEGINNING at the Intersection of the Easterly line of the D.C. Mitchell County Road (Primary State Highway No. 5) , with the Southerly line of Cedar River Pipeline right-of-way of the City of Seattle, said point of intersection being 2721.62 feet East and 16.8 feet North of the West 1/4 corner of said Section; thence Southerly along said road line 274 feet, more or less, to an intersection with a line parallel to and 273.8 feet Southerly from said pipeline right-of-way line; thence Easterly along said parallel line 265 feet to the Westerly margin of Black River: thence Northeasterly along sai, . iver to an intersection with a line parallel to and 197.35 feet Southerly from said pipeline right-of-way line; thence Fr westerly along said parallel line 30) tout to the Easterly line of said Mitchell road; thence e,,utM:: ;y along said road line 76.2 feet to t).. paint of bery,•,. ning: EXCEPT portion thereof heretofore conveyed to th,- State of Washington far road purposes by Det•d record* : under Auditor's File No. 3098515, records of :.aid couc,ty. Except that portion lying easterly of the followin7 de- scribed line. Beginning at a point on the North liar o! said parcels 225.1: feet Easterly from the Northwest corner thereof; thence in a straight line S 02° 18. 87- W parallel with the centerline of said Primary State Highway No. 5 to an intersection with the South lino •,f said parcels. Also except the South 20.00 feet. thereof. The Grantors wish to grant and the Grantee wishes to r,•ce:vc an easement over, under and across that part of Parcel 1 descritm-d as follows and hereafter referred to as "the easement premises:' Situated in the State of Washington, County of Kinc., being in Section 18, Township 23 North, Range 5 East, being a ten (10) foot x ten (10) foot easement 01)r water line and water hydrant purposes. Said being described as follows: Beginning for reference at the southwesterly most corner of that parcel of land as described to Wend: ',. International, Inc., said point being in the easterly right-of-way line of Primary State Highway ao. 5 (Rainier Avenue South) ; thence North with tht W,•s•a. t: line of said Wendy's International, inc. parc,,l , t . same being the easterly right-of-way line of sail A•, Avenue South, a distance of 25.00 feet to the tru, of beginning; Thence North, continuing with the westerly l:n. o: . . Wendy's International, Inc. parcel, the sarc i . ;n ... easterly right-of-way line of said Rainier !.. a distance of ten feet (10.001) to a point: Thence East and at right angle to the previous courso. .� distance of ten feet (10.001) to a point; Thence South, parallel to the westerly line of said International, Inc. parcel, the same being the vaster'y right-of-way line of Said Rainier Avenue South, a dtst.u:c, of ten feet (10.00') to a point; Thence West and at right angle to the previous cuur�. . •� distance of ten feet (10.00') to the true point of b ning and containing one hundred (100) square feet. t. ., . less. Subject to all easements, restrictions and rights-of-way. if any, of previous record. Parcel 1 is presently improved with a building lease.' t The Food Group, Inc. (hereinafter referred to as "Lcss••t ") ur., .: : . . a Wendy's Old Fashioned Hamburgers restaurant and parking fa.:il:t::�s. Parcel 1 is subject to a mortgage given by Iluah iarncy .ax) Page 2 Carney to First Federal Savings A Loan Association of Renton, Iherainafter referred to ae "Mortgagee") . Said Lessee and Mortgagee consent to the granting of this easement by their execution of the attached and incorporated Consent form. Now, therefore, in consideration of One Dollar ($1.00) and other good and valuable consideration from Grantee, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements and covenants and restrictions are made: The Grantors hereby grant to Grantee, its successors and assigns, a non-exclusive perpetual easement for a fire hydrant with necessary appurtenances over, through, across and upon the easement premises. Grantee shall have the right, at such times .s may be necessary to enter upon the easement premises for the purpose of constructing, installing, maintaining, repairing, altering or reconstructing said fire hydrant, or making any connections there- with, provided that such construction, installation, maintenance, repairing, altering or reconstruction of said fire hydrant shall be accomplished in such a manner that the private improvements existing over, upon and under the easement premises shall not be distrubed or damaged and that the improvements on thr easement premises will be left in as good a condition as they were immediately before the easement premises were entered upon by the Grantee. Grantee shall ha,•e the right of access to the easement premises over and across Parcel 1 as necessary to enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantors and Le .,ee for any damage to the Parcel 1 or to the improvements thereon occasioned by the exercise of said right of access. Grantors and Lessea shall fully use and en)oy the ease- ment premises and Parcel 1 for any purpose not inconsistent with the rights granted herein, provided that Grantors and Lessee shall not erect buildings or structures over the easement areas which would interfere with the exercise of the rights here n Granted. Page 3 By accepting and recording this easement, Grants* *gross to indemnify and hold harmless Grantors and Lessee from any and all claims for injuries and/or damages which result from the Grant**'@ exercise of the rights herein granted. The consent herein granted by Food Group, Inc. , Lessee, is offered only for the term of the lease dated November 20, 1978 or any extensions thereof, which lease is between said Lessee and Hugh Carney and Marion Carney, his wife, Lessors, for the property described herein above as Parcel 1, which lease is for a twenty (20) year term commencing on December 1, 1979 with one (1) five (5) year ren_wal option. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Grantors covenant that they are the lawful owners of the above described property and that they have good and lawful right to execute this agreement . IN WITNESS WHEREOF, the Grantors hereunto have set their hands as of the day and year first above written. WI' NESSES: GRANTORS: —" Hug Carney Marion Carney, is wr e STATE OF ) SS: COUNTY OF ) Before me, the undersigned authority, on this _ day of , 1981, personally appeared Hugh Carney and Marion Carney, his wife, Gro- to me well known and known to me to be Page 4 the individuals described and who executed the foregoing Earesynt Grant for Access Around fire Hydrant for the uaes and purposes therein expressed. said. WITNESS my hand and official seal the day and year afore- NOTARY N}• Commission Expires: This instrument prepared by: ELAINL POCHIRO Real Estate e Attorney Pd}B( 7r,r ernational, Inc. P.O. x 2S6 6ullin Granville Road Dublin, nhio 02017 Page S . 1 • CONS • The undersigned (hereinafter called the "Mortgagee') is the owner and holder of, and the beneficiary under, that certain Deed of Trust given by Hugh Carney and Marion Carney, his wife, to secure the payment of that certain indebtedness covering the above described real property, said Deed of Trust being dated and recorded in the Ring County, Washington Recorder's office in By its execution below, Mortgagee agrees that the easement granted the City of Renton shall not be terminated, nor shall the City of Renton's use, possession or enjoyment of the easement be interfered with in any foreclosure or other action or proceeding instituted under or in connection with the above referenced Deed of Trust, or in case Mortgagee takes possession of the above described real property pursuant to any provision of said Deed of Trust. WITNESSES: MORTGAGEE: FIRST FEDERAL SAVINGS 6 LOAN ASSOCIATION OF RENTON By. STATE OF ) SS: COUNTY OF 1 The undersigned, a Notary Public in and for the above state and county, hereby certifies that on the _ day of 1981, before me personally appeared _ 07— irst Feaeral Savings s Loan Association of Renton a Was ington corporation, who was 'Known to me as the person and officer described in and who executed the foregoing instrument on behalf of said corporation, and who acknow- ledged that he held the position or title set forth in the instrument, he signed the instrument on behalf of the corporation by pruper authority, and the instrument was the act of the corporation for the purpose therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year last aforesaid. [seal] Notary Public This instrument prepared by: ELAINE POCHIRO Rv,,l L'state Attorney wer.ly's International, Inc. P.o. box 256 4288 West Dublin Granville Road DuLlan, Ohio 43017 The undersigned thereinafter called the "Lessee") is the successor to the lessee under that certain lease agreement doted November 20, 1978 by and between Seatawa Foods, Inc, as Lessee and Hugh Cerne) and Marion Carney, his wife, as Lessor for the property described Above as Parcel 1, attached hers'o and incorporated herein by this reference, said property being the subject parcel of an easemer for a fire hydrant. By its execution below, Lessee consents to that easement granted the City of Renton to be exercised in connection with the above referenced lease.` WITNESSES: LESSEE: THE FOOD GROUP, INC. As t o part s By. an k + By: to,mo, t 'part3 5k STATE OF J SS: COUNTY OF ) The undersigned, a Notary Puolic in and for the above state and county, hereby certifies that on the IF day of -F- 1981, before me personally appeared I and 3vr� GT ZND' n the ice and Vine, enideM.3 respective y or The Food Croup, Inc. , an Ohio corporation, who were known to me as the persons and officers described in and who executed the foregoing instrument on behalf of said corporation, and who acknowledged that they held the positions or titles set forth in the instrument, they signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of thz corporation for the purpose therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year last-aforesaid. fseall 1 R C Notai y I'LIV11c MARILYN C. lAILfY NOTAAY PMIC-S/Ar! 010*0 reAMeus tousn This instrument prepared by: Mr COMMISSION :XP'*Js ELAINE POCHIRO Real Estate Attorney Wen4y's International, Inc. P.O. Box 256 4288 West Dublin Granville Road Dublin, Ohio 43017 CERTIFICATE I, R. Michael Kennedy, Jr. , do hereby certify that. I am duly elected, qualified and acting Assistant secretary of The Food Group, Inc. , an Ohio corporation: at a meeting of the Board of Directors of said corporation duly held on July 27, 1991, the following resolution was unanimously adopted: RESOLVED, that only the Chairman of the Board and thi President acting alone, or any two of the fc' swing, tO-wit, any Executive Vice President . -he Treasurer, the Secretary, the Staff Vice President and the Vice President- Real Estate be and they hereby are authorized to execute in the name of the Company and any and all notes, loan agreements, commitment agreements, mortgages, deeds of trust, assignments of mortgage, leases, subleases, real estate pur- chase and sale contracts, deeds, easements, rights of way, construction agreements, and any and all other documents relating to the acquisition of interests in real estate for Wendy's Old Fashioned Hamburgers restaurant sites or for other corporate purposes, the disposition of any interest in such real estate and the financing and construction of improvements on such real estate: and they further be and they hereby are, authorized to execute in the name of the Company any guarantee of any obligation of any wholly-owned subsidiary of the Company relating to the acquisition, disposition or financing of interests in real estate for Wendy's Old Fashioned Hamburgers restaurant sites or for other corporate purposes or relating to the financing and construction of improvements on such real estate. I further certify that the foregoing resolution has not been altered, amended or repealed and is now in full farce and effect. Dated at Dublin, Ohio, this 24th day of September, 1981. R. Michael Kennedy, Jr. Assistant secretary 6AS04M GRANT '-Rpl. .t FOR_A.CESS Al��p FIRE HYDRANT '.Du WAll 2 2' This Easemant Grant is made this 4 day of 1984 by and betweer. Hugh �"- 9 Carney and Marion Carney, his wife, (hereinafter referred to as 'Grantors") and the city of Renton a municipal corporation of King County, Washington, (hereinafter referred to as the "Gran Z tee") . WITNESSETH: That Grantors are the owners of land located in the b city Of Renton, County of King, State of Washington and descrioed as follows and hereafter referred to as "Parcel 1": That portion of the Northwest quarter of quarter of Section 18, the Southeast Township 23 North, Range 5 East, W.M. , more particularly described as follows: PARCEL A: Beginning at a point on the Easterly margin of Pacific Highway connection revision No. 2 (Primary State High- way ythe Southlline of feet CedartRiver Pipeline from the of tthe City of Seattle, with the Easterlymar the City (said point of Intersection g27 of said highway, 16.8 feet North of t being corner of feet East and Township2 he West 1/1 corner of Section 18, my, Washington; then Range 5 East, W.,y„ in King County, 9 hence East parallel to said Cedar River Pipeline 333 feet, more or less, to the Westerly margin Of Black River; thence Southwesterly along, said Black River to a Point which is 197.35 feet South of the Southerly line of Cedar River Pipeline measured at right angles therefrom; thence Westerly 303 feet, more or less, to the Easterly margin of said Highway; thence North along said Easterly margin 68 feet, more or less, to the Point of beginning. EXCEPT Portion conveyed to the State of Washington for road by deed recorded under Auditor's File Nr. 3101232. PARCEL B: In the County of King, State of Washington; that portion Of Government Lot 10, Section 18, Township 23 North, Range 5 East, W.M. , described as follows: BEGINNING at the Intersection of the Easterly line of the D.C. Mitchell County Road (Primary State Highway No. 5) . with the Southerly line of Cedar River Pipeline right-of-way Of the City of Seattle, said point of intersection being 2721.62 feet East and 16.8 feet North of the West 1/4 corner of said Section; thence Southe line 271 feet, more or rly along sail road less, to an intersection with a line elParallel to.and 273.a feet Southerly from said i erly parallel line 265 feetltoethehWesterlyence marg along said River; thence Northeasterly along said riverntofanlack intersection with a line parallel to and 197.35 feet Southerly from said pipeline right-of-way line; thence 559 1% L:CISc 1..: i.... ...t. .7.7 NN A.ftw-. , Westerly along said parallel line 303 feet to the Easterly line of said Mitchell rose thence Southerly along said road line 76.5 feet to the point of begin- ning; EXCEPT portion thereof heretofore conveyed to the State of Washington for road purposes by Dead recorded under Auditor's File No. 3098515, records of said county. Except that portion lying easterly of the following de- scribed line. Beginning at a point on the Worth line of said parcels 225.16 feet Easterly from the Northwest corner thereof: thence in a straight line s 02" 18' 47" W parallel with the centerline of said Primary State Highway No. 5 to an intersection with the south line of said parcels. r Also except the South 20.00 feet thereof. C .4 The Grantors wish to grant and the Grantee wishes to receive U ,r an easement over, under and across that part of Parcel 1 described as ..,:lows and hereafter referred to as "the easement premises:" Situated in the State of Washington, County of Ring, being in Section 18, Township 23 North, Range 5 East, being a ten (10) foot x ten (10) foot easement for water line and water hydrant purposes. Said easement being described as follows: Beginning for reference at the southwesterly most corner of that parcel of land as described to Wendy's International, Inc. . said point being in the easterly right-of-way line of Primary State Highway No. 5 (Rainier Avenue South) : thence North with the westerly line of said Wendy's International, Inc. parcel, the same being the easterly right-of-way line of said Rainier Avenue South, a distance of 25.00 feet to the true point of beginning; Thence North, continuing with the westerly line of said Wendy's International, Inc. parcel, the same being the easterly right-of-way line of said Rainier Avenue South, a distance of ten feet (10.00' ) to a point; Thence East and at right angle to the previous course, a distance of ten feet (10.00') to a point: Thence South, parallel to the westerly line of said Wendy's International, Inc. parcel, the same being the easterly right-of-way line of said Rainier Avenue South, a distance of ten feet (10.00') to a point; Thence West and at right angle to the previous course, a distance of ten feet (10.00' ) to the true point of begin- ning and containing one hundred (100) square feet, more or less. Subject to all easements, restrictions and rights-of-way, if any, of previous record. Parcel 1 is presently improved with a buildine leased to The Food Group, Inc. (hereinafter referred to as "Lessee') used for a Wendy's Old Fashioned Hamburgers restaurant and parking facilities. Parcel 1 is subject to a mortgage given by Hugh Carney and Marion P"Q 2 Carney tc First Federal Savings a Loan ikesociation of P eton, (hereinafter referred to as 'Mortgagee') . Said Lessee and Mortgagee consent to the granting of this easement by their execution of the attached and incorporated Consent form. Now, therefore, in osnsiderationi of one Dollar (S1.. )) and other good and valuable consideration from Grantee, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements and covenants and restrictions are made: The Grantors hereby giant to Grantee, its successors and "' assigns, a non ¢elusive perpetual easement for a fire hydrant with necessary appurtenances over, through, across and upon the easement premises. Grantee shall havt the right, at such times as may be necessary to enter upon the easement premises for the purpose of constructing, installing, maintaining, repairing, altering or reconstructing said fire hydrant, or making any connections there- with, provided that such construction, installation, maintenance, repairing, altering or reconstruction of said fire hydrant shall u accomplished in such a manner that the private improvements existin:: over, upon and under the easement premises shall not be distrubec cr damaged and that the improvements on the ea>e,cent premises will be left in as good a condition as they were immediately before the easement premises were entered upon by the Grantee. Grantee shall have the right of access to the easement premises over and across Parcel 1 as necessary to enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantors and Lessee for any damage to the Parcel 1 or to the improvements thereon occasioned by the Exercise of said right of access. Grantors and Lessee shall fully use and enjoy the ease- ment premises a..d Parcel 1 for any purpose not inconsistent with the rights cranted herein, provided that Grantors and Lessee shall not erect buildings or structures over the easement areas which wnuld interfere with the exercise of the rights herein oranted. FaN � gy accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantors and Lessee from any and all claims for injuries and/or damages which result from the Grantee's exercise of the rights herein granted. The consent herein granted by Food Group, Inc. , Lessee, is offered only for the term of the lease dated November 20, 1979 or ar-, extensions thereof, which lease is between said Losses and the ro rt .� Hugh Carney and Marion Carney, his wife, Lessors, for P Ps y Vdescribed herein above as Parcel 1, which lease is for a twenty (20) .r Iyear term commencing on December 4, 1979 with one (1) five l51 ,,ear renewal option. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Grantors covenant that they are the lawfvl owners of the above described property and that they have good and lawful right to execute this agreement. IN WITNESS WHEREOF, the Grantors hereunto have set their hands as of the day and year first above written. wlTsesses: GRANTORS: Marlon arney. 'li 7mre STATE OF WASHINGTON SS: COUNTY OF KING ) Before me, the undersigned authority, on this lv4i.L day of 1982, personally appeared Hugh Carney and Marion Carney, his wife. Grantors, to me well known and known to me to be the individuals described and who executed the foregoing Easesssnt Grant !or Access Arou;ld Fire hydrant for tTNo uses and purposes therein expressed. WITNESS my hand and official seal the day and year afore- said. NOTARY PUBLIC .M� My Commission Expires: F1'J RB M RE=AT M OF M�IK omit= 12 This instrument prepared by: ELAINE POCHIRO Real Estate Attorney Y.endy's International, Inc. P.O. Box 256 42PR nublin Granville Road Dublin, Ohio 43017 I 1 LEGAL DEPARTMENT TYeee W.Owl".h. Giber S.Sbssa AW m Ge lCWIW R.MWhMA Krm"V,H. AnOwfGto"Co 1 Lary 1,ft"n ri,rienl Cou,sel Lam N.Nrbes biro N.Mtblbbss f.n M Cr m d"ReYb September 29, 1982 CERTIFIED MAIL Mr. Hugh Carney Mrs. Marion Carney P.O. Box 567 t(p Renton, Washington 90851r Re: Real Estate located at 226-230 Rainier Ave. , S. Renton, Washington 90855 Store No. 540645 Dear Mr. and Mrs. Carney: On September 24, 1981, Elaine Pochiro, Real Estate Attorney for this office, forwarded to you original copies of an Easement Grant, Consent of Mortgagee, and Consent of Lessee pertaining to a utility easement over the above referenced real estate. A copy of the September 24 letter is enclosed. We have now been advised by the Renton Public Works Department that they have not as yet received the above mentioned documents executed by yore. I am enclosing a copy of the` letter which, as you will see, states that if they do not have these documents before the end of 1982, they will turn th= matter over to the Renton. City Attorney. In order to avoid litigation, please see that these documents are executed and sent to: City of Renton Public Works Department Design Utility Engineering 200 Mill Avenue, South Renton, Washington 98055 Please also return a copy to the undersigned. MLrUY'S 6TERS ATIOMLI�C. F.0.10XM 42MRIST ofBLI%GRA%%ILLL ROAD.DLItI\.0010 UUC 6141"IM Mr. Moo Caeney . Mrs. Marion Carney iepts"m 29. 19.2 Page "a If you are having any problems with the execution and return of these documents, please contact Ms. Pochiro or ee immediately. Very truly yours, 11%c._3k C ,UUcu%,. k+ Nanette C. Neidhardt Certified Legal Assistant NCN:res Enclosures cc: Ronald L. Olsen Elaine Pochiro Of R•4- r r i KWIC WORKS DEPARTM W ocstoPfitRlLNrr lwenrtcRfPtG • 2'�->K71 1&K j eapN CMAI rJIDNwt sa rll AVB.p0 MNIOM,wAwa BIBtl 'to NPA PARWA Y. SHWOOCH MAYOR September 21, 1982 Elaine Pochiro Real Estate Attorney WENDY'S INTERNATIONAL, INC. P.O. Boa 256 Dublin, Ohio 43017 Subject: Real Estate Located at 226-270 Rainier Ave. S. Renton, WA 98055 - Store No. 540645 - Wendy's Hw:,urget Retaurant, Owner: Hugh a Marlon Carney Dear Ms Pochero: As of this date, we still have not received an easement and a bill of sale for the fire hydrant for the subject project. Original documents were sent to Mr. and Mrs. Hugh Carney for signature via your letter dated September 24, 1981 (copy enclosed). We are now in the process of compiling data for our 1982 Annual Utility Report. The waterline work was installed at Wendy's Renton on Rainier Avenue in the fall of 1979. It is imperative the utility lines be "taken Into plant" by bill of sale and the easement recorded before the and of !982. Mr. and Mrs. Carney were notified on Septem- ber 14, 1982 that the bill of sale and easement are due. If we do not hear from the Carneys before the and of 1982, we will turn this matter over to the City Attorney. Very truly yours, Ronald L. Olsen Utility Engineer AN:j IF Enclosure 01 *4 ti� � ® *► z tKU PC WORKS DEPARTMENT r DESIGN/UTILITY ENGINEERING • 235.2631 rIM1aM►6UIUDIIr i16 rll 11VL 60. IIMIPOft.•ABN l6166 BARS IRA Y. SMINIMMM MAY0R — O. O. -5417 A- . 9�isf Pn Seat: Y / S Dear Sirs: We are 1n the process of compiling data for our 1982 Annual Utility Report. The utilities installed under the hoove referenced project were constructed And completed 1n 1980. 1981 and/or 1982. It is imperative the utility lines be "taken into plant" by Bill of Sale and all the easements recorded before the end of 1982. In checking our files for your project. we find the following requirements missing or incomplete. V"/B111 of Sale Easements 3. Cost Data and Inventory 4. Other ,-.r Please complemt�e,�the above requirements within 30 days of the above date. (vf/ 11a�.AeiMN typical samples and blank forms to aid you in completing the paver work. If you have any questions concerning this matter. please do nit hesitate to call this office. Very truly yours. ay ©L., %H:ckt Ronald L. Olsen Attachments Utility Engineer r• SO` tJ x 11INW,0 fL N�L,NIM^MN'!1� b2b-MN , S$ i )IubbpMlMlbl2MMa bbb/ruivaw► abMf�aMarwtbbbbb . R Oft Mau Ilt. "U {y /MSMd Y. f)bfrOCN � 1.. bwwab 1 bMaedw bewe _ 230 NtAfmt alf7 -Mm ' 3OD Leae Gentleman: The following itama gut Dr corrected or completed before this departmant can Issue a Certificate of Otcupanty: 1. #110 neea_ 1'Oa '�^-Boers_ 2. "UnpLUILL or "U. ). R an= bberwAR OOSODR nu tfOMMC. If you have any 9mastioas please contact the building De"rtnent. City of lepton, at 235-2540. Sixerely, Ronald 0. Palo" baildiog Director Oct M/1et11 Oeaptrartim. Lae. o 0 i OP RA` KAIIC WORKS DE►ARTMBdT 098 M/UTILITY [N31NE[RMi6 • =3>< �11 AIi WWAL BUILONGS BM RBLL AW 90. Rd1NTOK NABM.MM a IPp ��SL� NARBARA Y. SHINPOCH October 30, 1981 MAY0N Elaine Pochiro Real Estate Attorney WENDY'S INTRERNATIONAL, INC. P.O. box 256 Dublin OR 43017 Subject: Real Estate Located at 226-230 Rainier Avenue South Renton WA 98055 Store No. 540645 - Wendy's Hamburger Restaurant Owner: Hugh and Marion Carney Dear Ms. Pochiro: We are in receipt of a copy of the fire hydrant easement, the original of which was submitted by your office to the owners of the subject property. As of this date we have not received a fully executed easement from the Carneys. In my previous correspondence with Mr. Bill Miaden, I mentioned that a gill-o!-Sale for the fire hydrant is also a requirement by the City of Renton, before a final Certificate of Occupancy can be issued for Wendy's Restaurant. The Bill-of-Sale grants the fire hydrant assembly to the City for maintenance. I neglected to remind you of this additional requirement during our last phone conversation. I have therefore taken the liberty to draw up the Bill-of-Sale, to that you might forward the docum,nt to the owners for their signatures. The Bill-of- Sale should then be returned to the City of Renton for recording. I will waive the coat data/inventory requirement (Item 01) listed on the Building Department 1^tter dated April 22, 1981, as this can be readily estimated by our office at $1.500 for the installation of one standard fire hydrant assembly. Very truly yours, Arlene Haight Senior Engineering Specialist :ckd Attachment tat�tranete sea alttsgn at. Tnrmwy nrrr.reetw road far Raamd at r4l"mmit of 1i1na............................... . „......__,,,_ .... AAim......................_.._......_.m_. _ ....._._..... ._. Cityend State....................................._.......... ....... t DILL OF SALE KNOW ALL MEN By THESE PRESENTS: That HUGH CARNEY AND MARION CARNEY. his wife County of Kin _ of Renton R •See of Wuhhurton,the parries of the find part, for and '"<anaidemica of the sum of One and No;100----____ Dollar,,lawful money of the United Sutra of Atneriea, to them in hand psW by the City of Renton the Puttee of the wood part, the receipt whereof is hereby acknowledged, does by these presents grant. bargain,soli and deliver unto the mid parties of the second put, the following descrihed ptratnai property now located at 226 - 230 Rainier Avenue South in the City of Renton ,County of Ring and State of W aehuytae, to-.d Wg-559 WENDY'S OLD FASHIONED HAMBURGERS - Store No. 540645. One fire hydrant assembly and al: appurtenance- -ertaining to said fire hydrant assembly expressly warranting said fire hydrant assemb -inst any expenses, costs or liens hereto incurred thereon by through or under seller hel_.,,. TO HAVE AND TO HOLD the maw to the said parties of the scond pan, their hain, aecutars, dminhtrlic•s and miens forever. And raid part fes of the fiat pan, for their exec ton, dmininraton,covenants . hein, Ad agrees to ad with the mid pan les of the wood put, their erteutors, administnlurs and ssglm- that mid pan fes of the fire pan les , twraer(s) of the mid property,foods ad chattW and ha ve good nghr and full Autbordy to seU tAe same, and that they will warrant and defend toc mk hereby made unto the mid put ies of the she part, their claimsarca the admininratnn and assigna,sgaimt AB sad every person or penoss, whrxnnntr, lawfully claiming or to claim the same, IN WITNESS WHEREOF,The mid pan lee of the him pen have hereunto see their Will aided this day of hand ly (mat)... ._.. (mm) _ apt) . .____.______... (mar) STATE OF WASH"MMN, 1 Cotauy,of )j • On thm day personally appeared bebre me to am 1"" to be the individual damrrbed mad who nuutd the w,bm and forgwng maugmeel. W atiwM4d that aigW the aawm u has W vWmwl an and dead, for the asm and pmpesel threats mamtierred. GIVEN and or tsq how ad ttirial anal top day of .19 : t _- MlM4!MINI 6 and or gY Reis r • w• ss9 R. Mithsel Kesasdr Jr. General Couwl Gilbrn S. S~ LEGAL DEPARTMENT Larry N Ndum 7%,.mss W Canon,Jr. lorry). oa,sden == September 24, 1981 Mr. Hugh Carney and Mrs. Marion Carney P.O. Box 567 Renton, Washington 90855 Re: Real Estate located at 226-230 Rainier Ave., S. Renton, Washington 90855 Our Store No. 540645 Dear Mr. and Mrs. Carney: The City of Renton. Washington has requested an easement over a 10' x 101 portion of the southwest corner of the above identified property for the purpose of servicing a fire hydrant. Pursuant to this request, our legal department has prepared the enclosed documents which are forwarded for your approval and execution: 1. Easement Grant from property owner (2 original copies) 2. Consent of Mortgagee (2 original copies) 3. Consent of Lessee (1 original copy) . After you have had the opportunity to review these documents, if they meet with your approval, please execute the Easement Grant and forward the Consent form to the Mortgagee. All executed docu- ments should be sent to City of Renton, Public Works Dept. , Atten- tion Arlene Haight, Design Utility Engineering, 200 Mill Avenue, South, Renton, Washington 98055, with a copy to the undersigned at ithe above address. If you have any questions or comments or if 1 can provide fur- ther assistance, please feel free to contact me. Sincerely, lV Elaine Pochiro Real Estate Attorney EP/sam Enclosures WkKDV S INn RNATIONAL INC ►O ROX.1 I:a a'LST DUSUN GRANVILLL ROAD,DLBUN.C*110 4+l,' n14 W mm 1100141 (bvss" 104.15) (To be mast to dpliaatai aae nqp rmsar"N r %Ar*vistas, Us savy Lss yea film.) 1 To, rl...ing Deperesase ` �Q,1®. 1>•0 Desiq tngineeting Divisios / s ' Utility Lagiosering Division ✓ RDAL *21=8.TT00 - rR TM Onam of 4-u-OD Traffia tegineering 'Division . fire Department any now= mato i Dag nMI Wilding Diviates SUtJLCT: SUTAM permit No. 1-6876 (Weer w- sr9 230 1AMR AVZME SDDTD Type Business OLlTADtANT addrase The subject project is nearing completion. plus- investigate your Arse of responsibility and indicate below either your acceptance or corrections necessary in order that a Certificate of occupancy may be issued. ro: building Division DATE BArl80 UTUty This project is approved by this departmetr subject to the following corrections: NO COAM66S SwCF 11.9T ��25 �1 c�y.r•urC. /Lc�1.t...1..Q CZC Authorized Signature . o July 21. 1981 City of Rencn art Nuniclpej gt of pubile York, 2pp M111 "ilding Renton. Avenue South Wubington 9gp55 Attention: Ns. Arlan,, Nalght. Re: Senior Engineer SPecialfat IGentlemen. Wendy's Restaurant: 270 Rainier Avenue South u apology re r9i for not ed to nbt respondin Sooner t that ease not, th I,r all ldoeuMent,ev fm it t required nedfinal Sell description panty Information requested by Yourselfe execution. once again, thank you For Larry forwarded the liion a Iced gala(e 6of our legal department 1Ory truly yours, help and patience in this matter.i W). YEYpY.s I �NAlI piAL� Inc. William J�t7��1. Reg i anal �d1a Caoatruetiom Ma nager a°ater a a nt>r�inn Mnai us mw� M e,11./nNt ILuen��"M 1 Me ny'M :spa lV.+yeiln• n�mHl W q. o. Re • i i FMIC VK*KS DEP"TMO'! Cl MN/UTlUTr 01804RERM r a3&.$ 1 MJIMCIMC V/lO1tM Egg rll AV%-90. *11CMR'ilAg0.son s 's,�tn xrte`� L~A Y. SlMf1Pw.m Jude S. i"I Au�'gN Mr. gill Madden Wendy's Iaternatlonel Suite 460 North 21100 Providence Drive Southfield MI 48075 Subject: Wendy's Hamburger Restaurant 230 Rainier Avenue South Renton WA 99055 W-599 Deer Mr. Madden: Per our telephone conversation on June 5, 1981, I have enclosed a typical sample of the bill of sale and cost data sheet required to complete the above referenced project. I have also enclosed a blank easement form to cover that portion of the fire hydrant assembly lying within Wendy'o property, together with the water plan to aid you in drawing up the legal description for the easement. Also, we require a certified copy of the minutes that specifically say who can legally sign for your corporation. Attached hereto is a typical. Very truly yours, Arlene Haight Senior Engineering Speclaliet :-kd Attachments (teat to du►itaatai am am to be retarded to lr}tatq 80000"aat9 Tod wy tae yaw tila.) DATI __M L IOU RE Tot Dwlga io{Su•er:e{ Divi•iw / INRaLTION Pd =a C=MtE of 4-0-N (ATTALM) Otility Wgiasering Division t/ � TO aDaltlr of 1-2-W Trattie aaginearieg Diruioa pgO1�P af41.F US E= fire "part art nbMI Wilding Departaeat SU&TWT: SEATAkA FOODS_fMf,LYT S) Perait No. a-6876 230 RA LNIF F'E SOUTH Type Business RESTAURANT The subject project in nearing coapletion. Please investigate your area of responsibility and indicate balm either your acceptance or corrections necessary in order that a Certificate of Occupancy my be issued TO: Building Departtrnt DATE This project i approved ra oved by this departaent subject to the following corrections: f't .teat„ ;Le - �o DD t.A Yta ANT OLMTSON To ISSDANCa 0 TWOUn CERTIFICATE Of OCCUPANCY? YES 0 Autborlaed sigasture�L k� rr t 4 MOOS Itl (LvUsd 1-12-d1) (Nat to duplicate; me Copy to be raturnedlt Building Department; 2nd copy for your tile.) DBT'E .' St'A�. 2. ItJ T0; Design tngineerfng DivisionRgISSPECTION PER YWR LUIKEVT' OF 4-8�-80 (ATTACIM) Utility Engineering Division/__�q REPLY RECEIVE TO R64UESl_Of Q- B0�_,-__. Traffic Bng -ring Division —52TT R¢P,).Y REWES rrD,,,,� Lire Deperta.ot PITON; Building Department SUBJECT: SEAIAWA FOODS (WENDY'S) ____ Permit No. 230 RAINIER AVENUE SOUTH Type busireas REST4K#N"F The subject project is nearing corpletlan. Please investigate your area of responsibility and indicate belo- either your acceptance or corrections necessary in order that a Certificate of Occupancy /my be issu—i. M NildUe Department DATE 1 F NrYM: `.ec .7. )tit . . This pros t is approved by th1,s department subject to the following eor;eeciooa: , {'tL/ n.S 1,o YlN NAVE ANY OBJECIIGN TO ISSUANCE OF :'PNPORARY CERTIFICATE OF OCCUPANCY? 1t • Autnor±•-.d signstwre.-! i se sent in duplicate) am c"Y T*%un er to Wil�fnv DYvisfon, 26d ropy for year file.) 101 Planning Deprstis"t DAYS MARM tg 1980_ -. Design Mallnseriss Divuioe r ~ utility "glistering Division f1NAi INSPNCTION -121D) R MASt ) Traffic Engineering Division ` fire Deparwnt TOMS auil"V4 Division 9VILJECT: SEATANA PODOS (VELDT'S) Pereit No. (Omer, 230 RAINIER AVENUE SOUTH _- Type Buaines> RESTAURANT Address) The subject project is wring coeplltion. please investigate ,your area of responsibility and indicate below either your acceptance or rorretttons necessary in order that a Certificate of Occupancy mac tr 'ssued. TO: Building Division `ATE .l`FROM: IAi. T7 1)h"r Ihis project is approved by this departmcac eIb4ect to iha follevins corrections: 1"4 0 r • • GV'�i f �Irlp COW -- vM Canctruct Im Ls W ' ,l -G 1 f Htter "stem tx-*Iavmt Z28.! /_ 4-4 .1y J Inter otecarmr ,Inter Irmwtlon ,ew Svstem newlarmt zM.y/ T��'ever Inteca er scar ,twr Insnection —O o4J .7z;.vmztz;- yteo �aj 9-G 19 Pj 71 l�. h O S GPM 97N1M � ON-4w PITAR01 TRUCKING A WAVATINO, INC. b 1=*-Nsl 9OUT"a UArn& WAMIMIO)TON qf» September 18, 1979 City of Renton Dept. of Engineering 200 Mill Ad,-. So. Renton, Mae ington 98055 Gentlemen: Pitardi Trucking Co., Inc- authorises the City of Renton Water Dept, to make a water main tap for a fire hydrant service at cr- address of 230 Rainier Ave. S. . Costs withstood by the City, on a time and materials basis, will be paid by Pitardi Trucking Co. , Inc.. Thaj � P tardi Truc r Co., Inc. Ted Rolf - eman TRisp i i p1mm � cn INt 1FA 1� iginN .AVt I T7t[MN1p«yp� AI„ CityM of Renton 2ept f Engineering 00 Ave. So,Renton, Washington 98055 • • I 1 ' � I 3 ,rA