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HomeMy WebLinkAboutWTR2701785(1) TOYOTA OF RENTON - FIRE PROTECTION W^ kTEJUAAIN 111- 375 `ST CITY OF RE14TON ©y STATE OF J ] ss. COUNTY OF ] , On this day of 1974, before me, the undersigned, a Notary Yu is in and for thn State of Washington, duly commissioned and sworn, personally appeared to me known to be the Of FORD LEASING DEVELOPMENT COMPANY the corporation that ex_cuted the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for the State of residing at STATE OF ] ss. COUNTY OF ] On this day of � j 1974 , before me, the undersigned, a Notary Pdblic in and for the State of Washington, my commissioned and sworn, personally appeared eK4."-L-- , to me_ known to be the of PUGET SOUND POWER AND LIGHT COMPANY the corporation that executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. ota u in an or t �'1 State i +�• of <</ , residing at_�_C ¢ epyavwa�_� -3- r.-7 4 , MR Ft' �� ■Ywurir�u.r. -__. .. hereby agree to grant, without additional consideration therefore, and upon the same terms and conditions as con- tained in this easement, a new casement ten (10) feet in width, five (5) feet on either side of the altered and relocated waterline, whereupon this casement as to that portion of the Easement Area from which the waterline is altered and/or relocated shall be extinguished. 4 . Section 10 shall be amended in its entirety to read as follows : "In the event Grantee ceases to use a waterline within the Easement Area continuously for a period of six months or more as part of its water system, this easement and the rights granted hereinder shall terminate, without the necessity of further documentation, as to such portion of the Easement Area within which the unused line may be situated; however, such extinguishment shall not occur until 30 days following the giving of written notice by the owner of the servient estate to the City of Renton setting forth the state of facts as causes the expiration. I IN WITNESS WHEREOF, the parties hereto have executed this Amendment of Easement, or caused it to be executed on their behalf as of this 31st day of July, 1974. FORD LEASING DEVELOPMENT COMPANY In presence of: By SOUND FORD, INC. 1 By PUGET SOUND POWER AND LIGHT COMPANY 1 AMENDMENT OF EASEMENT FOR WATERLINE THIS AMENDMENT OF EASEMENT FOR WATERLINE; W I T N E S S E T H : WHEREAS, by instrument dated June 12, 1974 , FORD LEASING DEVELOPMENT COMPANY, SOUND FORD, INC. , AND PUGET SOUND POWER AND LIGHT COMPANY granted to the CITY OF RENTON a certain casement for waterline; anu WHEREAS, the parties desire :.o amend such casement in certain respects, NOW THEREFORE, the parties hereto, intending to be bound, hereby agree that the easement shall be and hereby is amended as follows: 1. The first sentence of Section 1 shall be amended by the addition of the following: ", but Grantors shall not erect or maintain any buildings on the surface of the easement area. " 2. Section 7 shall be amended by changing the period at the end of the second sentence to a comma, and adding the following: "except for the customary meter and/or connection charge imposed by the City of Renton.." 3. Section 9 shall be amended by deleting the second sentence thereof and substituting the following: "If Puget in its sole reasonable judgment deems that the Easement Area so situated or the waterline installed therein un- reasonably interferes with or creates a hazard in connection with Puget's present or future exercise of such rights, Grantee shall, at its sole cost, alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interference or hazard, and Grantors _ _� r t f I STATE OF ) sa. COUNTY OF ) On this day of , 1974, before me, the undersigned, a Nota-r-y-RuBM in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the o :,OUND FORD, INC. the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses anA purposes therein mentioned, and oa oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary-Public is in and for The State of residing at STATE OF ] ] ss. COUNTY OF J On this ILI day of f u c V 1974, before me, the undersigned, a Notary Public in a for the State of Washington, duly commissioned and sworn, personally appeared " / , , to me known to be the ,ir of CITT-0- -RENTON e corporation t.iat executed the foregoing instrument and } acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and pu-poses therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate I seal of said corporation. WITNESS my hind and official seal affixed the day and year first above written. Notary Public 1n and ror the state Of ,., residing at ,. -4- ...v.. _ �. .- r e CITY OF RENTON -- By STATE OF 1u.L / ] COUNTY OF this ��t day of � a 1974, before me, the undersigned, a Notary Puy011c in anA for the J /rEa ,.0 St=ate._of-Washington, duly commissioned and sworn, personally DL appeared ��4.6'' , to me known to be the ji�O FORD LEASING DEVELOPMENT COMPANY t e con at executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therei.n mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. RUIN HUGHES Notary Public.Oakland County,Mich. and_ u ' O a1C n t E Acting in 19ayne County,Michigan Of , residing at MY Commission Exrnres Sept. 21, 1S77 STATE OF ] ] se. COUNTY OF ] On this day of 1974, before me, the undersrg—ned, a Notary Pu c n and for the State of Washington, duly commissioned and sworn, personal .y appeared , to me known to be th3 Of UGET SOUND POWER AND LIGHT COMPANY e corporation t a�i t executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Publicinand for the Stae of , residing at -3- s M► � r + hereby cgree to grant, without additional consideration therefore, and upon the same terms and conditions as con- tained in this easement, a new easement ten (10) feet in width, five (5) feet on either side of the altered and relocated waterline, whereupon this casement as to that portion of the Easement Area from which the waterline is altered and/or relocated shall be extinguished. 4 . Section 10 shall be amended in its entirety to read as follows : "In the event Grantee ceases to use a waterline within the Easement Area continuously for a period of six months or more as part of its water system, this easement and the rights granted hereunder shall terminate, without the necessity of further documentation, as to such portion of the Easement Area within which the unused line may be situated; however, such extinguishment shall not occur until 30 days following the giving of written notice by the owner of the servient estate to the City of Renton setting forth the state of facts as causes the expiration. IN WITNESS WHEREOF, the parties hereto have executed this Amendment of Easement, or caused it to be executed on their behalf as of this 31st day of July, 1974. FORD LEASING DEVELOPMENT COMPANY In presence of: By� SRCRETARY SOUND FORD, INC. By PUGET SOUND POWER AND LIGHT COMPANY By -2- _. ...... __..... r �. 1 AMENDMENT OF EASEMENT FOR WATERLINF. THIS AMENDMENT OF EASEMENT FOR WATINILINE; W I T N E S S E T H : WHEREAS, by instrument dated June 12, 1974, FORD LEASING DEVELOPMENT COMPANY, SOUND FORD, INC. , AND PUGET SOUND POWER. AND LIGHT COMPANY grantcl to the CITY OF RENTON a certain easement for waterline; and WHEREAS, the parties desire to amend such easement in certain respects, NOW THEREFORE, the parties hereto, intending to be b d, hereby agree that the easement shall be and hereby is amended as follows : 1. The first sentence of Section 1 shall be amended by the addition of the following: ", but Grantors shall not erect or maintain any buildings on the surface of the easement area. " 2. Section 7 shall be amended by changing the period at the end of the second sentence to a comma, and adding the following: "except for the customary meter and/or connection charge imposed by the City of Renton." 3. Section 9 shall be amended by deleting the second sentence thereof and substituting the following: "If Puget in its sole reasonable judgment deems that the Easement Area so situated or the waterline installed therein un- reasonably interferes with or creates a hazard in connection with Puget's present or future exercise of such rights, Grantee shall, at its sole cost, alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interference or hazard, and Grantors P AA� ♦ :K '�. . 14 M(yIp.1A� !!T�//�� f(T�n/�n STATZ of YtiCHIGAIj • _ <+P t .. a a• - d I The Sorc;pina inatru cil'.- eras acknovledr;ed before no this i /,iN day of 19'r° by rtt. `i , an :,aalaY.m�t :ccretary of Ford LcaainG Dcvelopncnt Covpany, a Dclauare Corporation on batalf of said r,* Corporatior.. Plotaij Public 'N, ounty, Nichl an I y Cormioslon E7pires_ i Y that they signed Sand scaled' the said lnutrwacnt an their free and voluntary act and deed for the ucca Lad pur-poson therein mentioned. I-aTIUZS ay hand and ofriclal coal hereto affixed the day oral year ir, this certificate above writtan. Notary Public in and for the State of Machin.-ton residing at STATE or VICMIXT'.:I ] County oy Ninr yc On t'h:i^ _ 2,1 ¢ day of before me, the under--ilned, a Notary Rtblie in and for the State of llashinSton duly commiccioned and sworn pernona:ly appeared Wctor llio.rbri an!1 Illr.te D nmbri. hie !'!tfc to r;e l.nowr, to be the individuals deceribed in and who executed the foretoia inatrw.:cnt, and ac'rrc:rledScd to me that tlicy ciMed and scaled the acid inctrt.ncnt as their free and voluntary act and deed for the uses anct purposes therein ^optioned. VIT;IES.3 t:.y hand and official real hereto af:i::ed W12 day and year in this certificate above urittcn. otury I'au is I,, cuR ror t;ac :;Late of Vanhinrtonn'recidin.- at � i - 3 IPJ WITIIES. MMIXOP, The parties hereto have cauecd this Agreement to be executed ao of thu date hereinabove firrt cat forth. Albert . Cooper Prancec Cooper PORD LPA5II;G DL•'VLTAFf:• .T C0OIIIP-ArY By. RECOCIIITIGII OP ASSICfIIT 4T The underair.ned Lcrsor hcrcLy acl•.norled;;ca notice of the fore-Pint ancigiment or the Loam to Lcaa¢Co, and acl:no::led.-cc to LearcCo that the repro centativ� and orarrantccn set fort* amd kAr Items 2D and 2F in the foregoing Agreement are true and Items 2E and 2C therein are true to the best of Less Is knowledge and belief. Victor Dianbri 71� i /tea •f. + . STATE OF WAS1lINCTO1' ] ] Cr. Counti, of: Y.inC ] On this Z day of A.D., 1973 before me, the underciGned, a Rotary Public in and for the State of IfachinCton duly conniacioncd and rworn personally appeared Albert L. Cooper and FrMccn Cooper, hit wife to me ]•.noun to be the individualc dcacriLcd in and who executed the forc-•oln,_ inttru.:.ent, and achnouledred to ne j r : D. hcclt;ror ha: Lull iroucr, rit ht ru;d authority to a:;«i rn the Leacc r.r ;;crc;,n pantc:a;tlated; C. The Leaw, is unmodified (c.:ecpt for "Ovrplc;..cnt recordod JJovct;.bcr un-icr Auu/tor's P.11e 110. (lllcf:)137) , and i« in 1.'u11 force nnA effect; D. fill rent payable under the Lca«c hart bnen paid for all periodd up to end includin;; Aovor.:bcr 23, IM; B. Asait:;nor .is not in de:"auit in the perfor.,. nec or obi crranee: of any oblir;ation ; under tJtc Lease, .t:,d no event hat; occured or conditiui c;,lsts which would conetitutc nw h 4 dcfau7.t but for the f;ivinr of any +' r applicable notice or the expiration of any applicable . trace perlod; y / � x.;aor) F. . Landlord is not i.n default In the perfor.3anec or ob«ervancc of t'hcIr oblii;ation« under the Lcase. 3. Lcace-Co here by accepts cuch ascii;nctent and atrees to pay the rent frota and after the effective date of this Atreement. p 4. At say bete, and frosr time to tL-ac, upon written rcgne:t of LeascCo, Assi;;;tor will cxccute and deliver any and all such additicnal instrwjcnta as in the opinion of Lea«cCo shall be noce«nary or advi«atle to confir;a or effect tine a««lgn: ent to LcaccCo of all rithta, claims titles and interc;its of Assi&;or ac the tenant wider tJ:c Lca«C. 5. Thi« Agrcmmnt may be executed in any ntu.ber of counterparts and it 1:: contemplated that the partics lieroto may cxccute different counterparts. 'Phis Agrecoent shall bcco-w effective when one or r.:orc of such counterpart:, is «JGned by or on behalf of each of the partics he to and such counterparts shall tor,ether have been executed by all partics sJ,all conctitutc on oriCinal of thic inctrur;ent,. but all of such counterpartc shall conct_.tute cne and the same inatru ent. i , A ' 1 z law; TOO ACIIL) I1:IIT iondc rnd c,;tcrbd into ao of 11ovc,a1)cr by and between Albert L. Cooper (herein called Cooper) and )aranccc Cooper, hie wife (herein collectively called Assignor) and cord 1 r. Lcaeirr; Development, Coclpany, A Deluware Cor.,Yoratiair (herein called Lca:icCo) with reference to the following: 1lRLY1iAS, Victor Dlambri and Hario Diambri, hia rife (heroin collectively called Laccor) and Cooper entered into a certain lease '. r dated Au,;u:t 24, 1)Gl (the Lonna), coverin;; certain prenicea in the City of BenLon, .County of Xing and State of Wn¢S:in; ton, as particularly p dcccri:.ed in the Laeec, u?tich was c.-.cr,icd Hly 25, 1957 with the _X Auditor of King County, S:'achinCton under receiving No. 61£;C)92, n0I1, THERMORD, In consideratiw of good and valuable and x ' sufficient consideration, the receipt of which la hereby aclselowledged, �''• this Al;rccmcnt a. d Yautual covcrents heroin contained, the parties nercc: 1. Assi;nor P,creLy to Lea: cCo all their rl; a'Y, title and intcrest in, to and vndc•r the Lease, and the lcacc::old eutate created thcrel;y. 2. Asci;;nor reprccenta anti yarranLz to LeaccCs as follo;as: A. Acci,-nor iz the owner said Bolder of the lcszce'c interest under and the leasehold ccLaLe created by the Lease, free and clear of all liens, char-<ez, violations, enctwLerances, plctl;;c::, rorL.a ec and nubleazec (cave and except that certain cubieace dated July 7, 19W bctr:ccn Aasi!;nor as the landlorc' and Robinson u Lyon ford, Inc., a Idachin,,ton Corporation, as the tcnint, of Much a ncrio was recorded AuL;u:;t 1, 1957 under Auditor'c Na. 62=03), records of llin(; County). I ( EXCEPT the £ol?.owing j0:;cribrnl A portion of the NorLhwcst: 1/4 of the ivorthcast; 114 of Section 19, Township 23 Vorth, range 5 East t4.TY. , Sc•scrihed its follows s Beginning on the North line of scid section at a point which is North 890501241, West 2000.4 feet from the Morth- cast corner thereof and running thence; South n°n4034" West 30 feet to the South line of the SE 144th Street Thence; Southwesterly along said Street line 177.5' to the true point of begfn:.inq Thence; cortinuinq Southwestcrly along said Strect line to the Easterlv line of 92nd Placo Southeast Thence; Southerly along said Eastorly lire to the North line of right of way of Northern Pacific nn Thence; Easterly alonq s•id right of way line to a point from which the true point of bcginninci hears North ! '" 0°09 ' 36" Thence; North 0°09136" East to the true oofnt of beginning; Exceut that portion lying Northerlv of a line drawn from a Point on the Westerly line of said tract 270 feet Southerly measured on West line of the .aorthcrly corner of said tract to a point on the Easterlv line of said trat.t, making a complete 900 angle with said line, a distance of 315 feet, Southerly of the Northerlv corner thereof and ay" '•"' t extent the North 130 feet, measured at right angles to then Southerly line of above excepted Northerlv corner and also parallel to said Southerly lire, from State Highway 5 to the fl% East line of raid tract, Except for State Highway No. 5, yn yyI t 4 n ... t arv.t 'u�Yryrt"typ.A'/5.i.•I4 ' 4-«k STATE OF WASHINGTON ] )ss: COUNTY Or K I N G ] On this G day of V .L- Iq 1 �� , before me, a *rotary Public in and for c the tatc of Washington, personally appeared T@ + CFI l) (�Td 'V to me known to be the (hRG.+Dc.ti j Of IN Ii1:NTUr7 llUDGE, C. , the to that executed the withe wi- thin 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 he was authorized to execute said instrument, and that the seal affixed thereto is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written, . \' C-) Y"�Q�L A , � NOTARY PUBLIC >_n aad for a State of Washington, residing at c. :�rC<- STATE OF WASHINGTON ] ]as: COUNTY OF K I N G ] On this day personally appeared before me VICTOR DIARBRI and MARIE DIAMBRI, his wife, to me known to he the individuals described in and who executed the within and foregoing instru- ment, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. IVEN under my hand and offi.; dl seal this ZO day of 1974. Q Lo NOTARY PUBLIC in and for Me St to o- I Washington, residing at r - -6- STATE OF MICHIGAN ) ss. COUNTY OF WAYNE ) On tIiis/'��1K, d'y of 1 i..„ , 1974, before me, appeared / .- �_; ..y. ',' !.', :<•,<'T / to me personally known who, being bi me duly sworn, die say that he is the Azs3stamt Secretary of :ORD LEASING DEVELOP14ENT COMPANY, and that the seal affixed to said instrument is the corporate seal of said Cor- poration, and that said instrument was signed and sealed on be- half of sai} Corporation by authority of its Board of Directors, and said 4._<1,j -() o/ ,, , , I acknowledged sa instrument y, to be the free act and deed of sail Corporation. RUTH HL6HES 110bfy Public.Oakland County,Mich. ' ANing in WMO Coun Michigan STATE OF WASHZNGTON ) my Comps:ion Ex SOL Zl,49S 1 j gg; D PL• 1977 COUNTY OF R I N G ) On this day of J V � `( , before me, a Notary : Pubic in and for State of Was ington, personally appeared err C . N A K ed CS to me known to be the W R 4u S ,p an '% of S UND PORD, Nc. , t .e corporation that executed the witnan 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 he was authorized to execute said instrument, and that the seal affixed thereto is the corporate seal of said corporation. IN WITNESS WHEREOF, Z have hereunto set my hand and official seal the day and year first above written. '" NOTARY PUBLIC in and for .e �tatQ o Washington, residing at LZ -5- • e EXHIBIT 1 • TO LEASE AMENDMENT No. 1 Parcel to bo Included in Leased '.Premises. (Parcel "W") The Southerly 260.00 feet of the portion of the Northwest quarter of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M. , lying Sr,+:the,ly of P.S.A. No. 5, North of the Northerly line of the Lormer Northern Pacific Railroad right of way, ana between 'lines drawn at right angles to the north line of said northwest quarter of the northeast quarter, which are respectively 2178. 40 feet and 2179.38, feet measured along said section line from the northeast corner of said Section 19, situate in the City of Renton, County of King, State of Washington. Parcel. to he Included in Leased Premises. (Parcel "X") That portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: Beginning at the Northeast corner of said Section 19, thence N 89°SO'24" W along the North line of said Sec- tion 19 a distance of 1783.40 feet to the center line of the Bonneville power transmission line right of way, said point hereafter called Point "A", thence North 89'50 '24" West to a point which bears North $9050124" West 2179. 38 feet from the Northeast corner of said Section 19; thence South 0"G9' 36" West 510. 35 feet to the true point of be- ginning of this description; thence continuing South V 09' 36" West 32.il feet; thence North 55048' 17" West 157. a5 feet to a point designed "Z"; thence South 66" 47152" East 142.15 feet to the true point of beginning. Containing 2139 square feet. Parcel to be Excluded from Leased Premises. (Parcel "Y") Beginning at the point designated "Z" in the above described parcel; thence North 55148 ' 17" West 163.13 feet to the Easterly margin of Rainier Avenue South, State Road No. 167; thence South 41"25' 36" West along said margin 23, 52 feet to a point of cur%re the center of 'chick bears South 48034' 24" East; thence South 48" 34'24" East 20.00 feet; thence Southwesterly along the arc of a curve with a radius of 663.57 feet a d}stance of 6.65 feet to a point from which the radial point of sdid curve bears South 49*08' 51" East; thence South 66047152" East 170.18 feet to Point "Z" and the point of beginning of this description. Containing 3140 square feet. • . . . . . • . . . . . . . . . . . . . . . VICTOR DIl5�L;=R DIAMDU SOUND FORD, NC. BY RENTON DODGE, INC. — BY Its &I—W-5 //COL) By .Its , .. Subtenant. -5- i full force and effect, and that Leasc:Co Se the tenant thorounder by assignment from Albert L. Cooper and wife as of November 15, 1973. This Lease Amendment may be executed in any number of counterparts, and it is contemplated that the parties hereto may execute different counterparts. This Lease kmendment shall become effective when one or more of such counterparts shall be signed by or on behalf of each of the parties hereto, and such counterparts, which together have been executed by )nth parties hereto, shall constitute an original of this Lease . , iendment; but all of such counterparts shall constitute one and the same instrur.,ent. S. LeaseCo has subleased the demised premises to Sound Ford, Inc. , a Delaware corporation. Lessor is the owner of and has leased premises adjacent to the north of the demised premises to Renton Dodge, Inc. , a Washington corporation, and has consented to a sublease thereof from Renton bodge to S EcvA ,TIFS r ousTri,FS lnn. Sound Ford, Inc. , Renton Dodge, Inc. , and SF •V K1iltS N)a rn rS w n respectively join in the execution of this Lease Amendment for the sole purpose of hereby agreeing to modification of their respective Sublease and Lease, to permit the above changes in the description of the demised premises as respects their respective leasehold estates. IN WITNESS WHEREOF, the parties hereto have duly executed or caused this Lease Amendment to be executed on their be;:alf as of the date and year first above written. In the presence of: FORD LEASING DEVELOPMENT COMPANY By Its -4- All costs shall be Lorne by the party making the tap in, and the premises ^);all be restored by said •party to the condition existing iimuediatcly ;prior to such tap in. $. Lessor aoknowlcdges that the monthly ) ental reserved in the Lease has been adjusted to and is being paid by Leascec on the first day of the month, rather than the 24th day of the month, and hereby agrees that such monthly rental shall be payable in advance on the first day of the month. 6. This Lease Amendment No. I shall become effective (herein the Effective Date) at such tim.a as all of the documents recited below have been fully executed and delivered to their respective grantees or assignees: a. The Easement for Waterline granted by LeaseCo, C-und Pord Irc. , and Puget Sound Power and Light Company; (Attached hereto as gxhibit A) b. ;he Easement for Waterline granted by Victor Diambri, Marie Diambri, Renton Dodge, Inc. and S-c o r. t-1 rS LNovT-m.es (Security Trailer) to the City of Renton (Washington) attached hereto as Exhibit B; C. The Quit Claim Deed from LeaseCo to Victor Diambri and Marie Diambri attached hereto as Exhibit C; d. The Quit Claim Deed from Victor Lir.mbri and Marie Diambri to LeaseCo attached hereto as Exhibit D; and e. The Recognition of Assignment to LeaseCo (the assignee) appearing on _ age 3 of the Assignment and Assumption of Lease attached hereto as Exhibit E. In the event that by July 30, 1974, the Effective Date has not occurred, this Lease Amendment No. 1 shall be null and void. 7. Lessor and LeaseCo agree that, except as hereby ex- pressly amended, the Lease is in all respects ratified and con- firmed, and all the covenants, agreements, terms, provisions, rights, privileges and conditions thereof shall be ant remain in —3— i e� � I.. .1. All the terms used in this Lease Ainend.nent with i.nitic,3 ci�iiit:alizati.on shall, 'ualess otheri/ise cicfined-herein, have the met:nings yivee; to such tormu in the Or.ig}.ni). Lcaf;c. 2. The description of the land demised by the Lease is hereby modifie:l by. a. Including in the demised promises the land^ de- scribed as Parccl "W" on Exhibit 1 anm.xed hereto; b. Including in the demised premises the lands de- scribed as Parcel "X" on Exhibit 1 annexed hereto; and C. Excluding from the demised premises the lands described as Parcel "Y" on Exhibit 1 annexed hereto. 3. The parties hereto recognizo that there are certain improvements situated on the premises i.dent_ficd as Parcel "W" , and that there are certain light poles and fixtures situated on the premises identified as Parcel "Y" , all of which shall remain the property of LeaseCo and may be removed by LeaseCo at. its expense. LeaseCo shall be entitled to control the electric power to the lights on Parcel "Y" and to tix• gem on and off as it sees fit. LeaseCo shall be obliged to continue to pay for the electrical power utilized by such lights. If after the date hereof Lessor desires such light po?es and fixtures to be removed from Parcel "Y" , LeaseCo, at LeaseCo's ex- pense, will remove or cause the remcval of such light poles and fixtures. 4. Lessor and LeaseCo agree that Lessor shall have the right to enter upon Parcel "X" and LeaseCo :hall have the right and maintaining to enter upon Parcel "Y" for the purpose of tapping into/the sewer and water lines located within such parcels for service respectively to Lessor's land adjacent on the north of the premises demised under the Lease and for service to the premises demised under the Lease. -2- Y " sa} Kd)f r, Eiti51_ 51 �:QT NO. -1 i Q ' vLearr ms aTUS AM1ND1i 1 d entered into as of the x7 day of 19740 by and between VICTOR PIAMlsI?I and vu • MARxF Ui;,:SssR]', his wife (heroin collectively called "Lesson") , and TO1tT. L.r.A3ItiG Ak 'EIAPllFiT COMPANY, a Delaware corporation ` -` �� •, (herein called "LeaseCo") , with reference to the following: ,•.p Y �3y�s W11F♦REAS, on lugust 24, 1961, Lessor entered into a certain +"> a f; )r Leano with ono Albert L. Cooper (herein called "Cooper") , whereby Lessor leased to Cooper certain promises in the City of Renton County of King and State of Washington, as particularly described �+: "+`• In rimb Lease (herein called the "Original Lease") . (The Original Lease was recorded May 25, 1967, with the Auditor of King County, .� Washiingtun, under Receiving No. 6160992, and a Supp'_^ment thereto recorded November 26, 1971., under luditor's File No. 7111260107) s ;s & , and W11d1:1;AS, by F:ssi.gnment and Assumption of Luse made and entered into as of November 15, 1973, between Cooper and LeaseCo, all of the tenant's night, title and interest under the Original Lease was assigned to LeaseCc; and P!tlLRE:tS, Lessor and LeaseCo desire to amend such Original Lease in certain re;pacts, all as hereinafter set forth (ouch Original Lease as ;aoeificd by the aforesaid Supplement and by this Amendment of Lease being hereinafter sometimes collectively called the "Lease") : NOW, T!lbREFORE, this Lease lmendment wi'_nesseth that, in consideration of the premix/a, the parties hereto, intending to be legally bound, h—reby agree as follows: r STATE OF j ss. COUNTY OF Lk On this w day of 1974, before me, the undersigged, a Notai P rc in and for the State of Was gton du commissi ed nd sworn, personally aped �. Q 1 • , tc me known to be the o SOUND FORD, INC. the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of -aid corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute 1. the said instrument and that the seal affixed is the corporate r. seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. No .i i-y'Publi in and for t�, State o L residing at ] I STATE OF _] ] ss. COUNTY OF 1 On this day of 1974, before me, the undersigned, a Notary Public in anc] for the State of Washington, duly comnissioned and sworn, personally appeared to me known to be the of CITY OF RF.NTON the corporation that executed the 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 h is aut:orized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public it and for State of residing at -4- ,. . _ � . . �, v. CITY OF 10 NTON _ w 4 As: y By STATE OF J1 ] ss. COUNTY OF ] 01 this day of 1974 , before me, the undersiyr,ed, a Nota�Pu c in andand for the L'� 4 my commissioned and sworn, personally appe ted OLI to me known to be the Of FORD LEASING DLVELOPMENT COMPANY the corporati n that executed the 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 g, mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. RUTH HUGHES Notary Public.Oakland County,Mich. ` Acting in Wayne County,Michigan No to y Public L and for the State ,+ ; My Commission Expires Sept.21, 19770 ivesiding at STATE OF ] ss. COU14TY OF �,� ] On t s � day of 1�� -, 1974 , before me, the undersigoed, a Notat Pu is in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the Of PUGET SOUND POWER AND LIGHT COMPANY t-Fe corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the useb and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day "? and year first above written. Notary Public in and for tFie State of residing at -3- hereby agree to grant, without additional consideration therefore, and upon the same terms and conditions as con- (! ; tained in this easement, a new easement ten (10) feet in widfh, five (5) feet on either side of the altered and relocated waterline, whereupon this easement as to that portion of the Easement Area from which the waterline is altered and/or relocated shall be extinguished. 4. Section 10 shall be amended in its entirety to read as follows : "In the event Grantee ceases to use a waterline within the Easement Area continuously for a period of six months or more as part of its water system, this easement and the rights granted hereunder shall terminate, without the necessity of further documentation, as to such portion of the Easement Area within which the unused line may be situated; however, such extinguishment shall not occur until 30 days following the giving of written notice by the owner of the servient estate to the City of Renton setting forth the state of facts as causes the expiration. IN WITNESS WHEREOF , the parties hereto have executed this Amendment of Easement, or caused it to be executed on their behalf as of this 31st day of July, 1974. FORD LEASING DEVELOPMENT COMPANY In presence�Af: _ d SOUND FOR Nc. By �� 1 PUGET SOUND POWER AND LIGHT COMPANY By -2- 1 r, �t AMENDMENT OF EASEMENT FOR WATERLINE it THIS AMENDMENT OF EASEMENT FOR WATERLINE; W I T N E S S E T H : WHEREAS, by instrument dated June 12, 1974 , FORD LEASING DEVELOPMENT COMPANY, SOUND FORD, INC. , AND PUGET >,:r f SOUND POWER AND LIGHT COMPANY granted to the CITY OF ' RENTON a certain easement for waterline; and WHEREAS, the parties desire to amend such casement in certain respects, NOW THEREFORE, the parties hereto, intending to r 1 ' be bound, hereby agree that the easement shall be and hereby + a Y;r is amended as follows: a 1. The first sentence of Sectior 1 shall be amended by the addition of the following: , but Grantors shall not erect or maintain any buildings on the surface of the k easement area. " 2. Section 7 shall be amended by changing the period at the end of the second sentence to a comma, and adding the following: "except for the customary meter and/or connection charge imposed by the City of Renton." 3. Section 9 shall be amended by deleting the second sentence thereof and substituting the following: "If Puget in its sole reasonable judgment deems that the. Easement Area so situated or the waterline installed therein un- reasonably interferes with or creates a hazard in connection with Puget's present or future exercise of such rights, Grantee shall, at its sole cost, alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interference or hazard, and Grantors :y igs)i A. STATE OF ] j ss. COUNTY OF j On this day of 1974, .' before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of SOUND FORD, INC. the corporation t+Fat executed the 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 is authorized to execute thi said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for the State of residing at STATE OF J ss. COUNTY OF J On this day of 1974, before me, the undersigned, a Notary Pu lain ✓.d 'for the State of Washington, duly commissioned and sw," -n, personally appeared , to me k. own to be the of CITY OF RENTON ttEe corporation that executed the 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 is authorized to execute the said instrument and th. t the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for the State of , residing at e% Grantors fruao alld al.iainri; rjl.v and All Claims, damages, expensou (including, wi:.hout l.ilni.t.,;tlon, reanonable attorneyrl feer) , finer,, Penalties, losses and liabllit:y whatsoever, in any munnar arising from or connected with the easement granted herein. 11. . Kotic::s, All notices and other communications required or permitted to be given her. nnd(ir shall be in writi.nq and shall be mailed by certified or registared air mail, postage prepaid, addressed as follows: If to Diambri . If to Grantee: Mr. Victor DianHr-i City 0 Penton 1615 Shattuck Avenue South City 11all Renton, Washington 98055 Renton, Washington 9E055 If to Renton Dodge: _If to 4;esusit r-ar3er; ' S 'Z`G. R ,TICs , r •s o:TRl�: ANC• Renton Dodge, Inc. 2[.ae E. 453 Rainier Avenue South Au is a � � a tti N e f -. 16; s Renton, Washington 96C55 or at such other c6ddress as -mzy have been furnished to the o' }hcr parties as above provided. Any such notice, demand or ether communication shall be deemed to have been given on the date of registration or certification thereof. 12. Modification-;. This Easement Agreement may not be modified in any respect whatsoever, in :whole or in part, except with the consent of the parties affected by such modification, and then only by written inetrumer.t duly exercised. 13. heading_. The headings of the paragraphs of this Basement Agreement are for convenience and reference only and shall in no way modify or restrict any of the provisions hereof. 14. Successors. The terms and provisions here.)f shall be binding upon and inure to the benefit of the respective successors, assigns, tenants and agents of the parties hereto. 4 on behalf of the owners fr.cm time to time of the lands upon which any portion of the Easement Area is locatcG (herei.r called "Uwncr") the right, .,t the Owi:er's sine erpeuse, to relocate the Easement Area and the waterline therein, if in the solo discretion of the Owner, such relocation is desirable. An Owner's right to relocate shall be Lubject to the following conditions: E (a) If the: wateline is relocated into other lands of the Owner, the Owner Ehall grant to Grantee hereunder a r.ew easement ten (10) feet in width, five (5) feet on either side of the centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon tt.e same terms and conditions as contained herein. (b) If the waterline is role-ated into street or highway right of way adjoining the Owner's property,. reloca- tion into such right of way being hereb7 consented to by Grantee by acceptance of this Easement for Waterline, the owner --hall convey title to• the relocated waterline to Grantee. (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with existing laws and good engineering practices and shall form a continuous loop. 9. Extinguishment of Easenerrt. In the event Grantee ceases to use the Easement Area as part of its water system for a period- of ninety (90) consecutive days, this easement and the rights granted hereunder shall terminate without the ncccnsity of further documentation. 10. Indemnification. Grantee --hall defend and indemnify , . t 1 • is dono to the ;urfa :c of the Eatcment Area or GrantorIc iwp)"c44!- mants thercon, Grantee will reasonably ccmpcnsato the party in pcssession of such part- of the Ear :ment Area or improvement for, such damage and restore the L•ascment Area or improvement to its condition immediately prior to suci, damage. 3. . Access. Grantee shall have the right of ingress and ogress to the Easement Area for the purposes, and only for the purpoes, herein specified and for none other whatsoever. 4. Inconvenience to Grantor. All wort: performed by Grantee, its agents and servants, in and about the exercise of the rights and privileges granted to it hereunder, shall be conducted erce- ditiously and with the least possible inconvenience to Grantors. 5. Installations. Grantee covenants that all installations made by it hereunder will be made in accordance with existing laws and good engineering practices. 6. Grant Without 4:arranty. Grantors grant- this easea:ent, • and Grantee accepts the same, upon the express condition that Grantors make no representations"or warrawies, either express or implied, in fact or by law, with respect to (a) its title to the Easement Area.; (b) an; surface or sursurface conditions thereof•; 1 (c) any patent or latent defect or dangerous condition thereof; or (d) i.ts title to the existing waterline conveyed hereby. j i 7. Water Service. Grantors, and each of them indi.vi:.aally, hereby reserve the right to tap for water service, any line of F Grantee that may be new or hereafter installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. S•ich tap shall be allowed without charge to such Grantor. 8. Relccation of Easement Area. Grantors hereby reserve `2_ 1 EXHIBIT 13 ' ' I:hSEi�ia:... !'Cs1_ I?NI'F1_L1111_ Tills EASEMENT granted Ly VICT0:2 DIN11111I and 1LNPIL•' DIAtICItz, hia wife, and RENTON PODC1E, INC„ a rla1;hin1lt0J; corpos:acicn, and a l r_s r�c . (r>:culurY TRAILER) (herein collccti.vcly called "Gran torn 11) , to the CITY OF KEN2'01v, a Washington Maicipal corporation (herein called "Grantee") ; 19 I T N E S S E T H Grantors hereby grant to Crani:r_e a non-exclusive casa;r,ent for the larposes only of the construction, reconstruction, main- tenance, removal or relocaL-i.on of a waterline under and thro,.:ga tr- Exhibit B ^ ' the strip of land particularly described in Exhibit 1; annexed hereto (herein called the "Easement Area") . Grantors hereby convey to Grantee any interest Grantors may have in the existing waterline within the Easement Area and any interest Granters may have in that portion of such waterline which lies within any ad1jacea;: public street or highway, and Grantee accepts the same as part of Grantee's water system. This instrument is executed and entered into on the follon:- i1:9 conditions: 1. Other Usc. ;ranters shall at all times have the right to make such other use of the Fasement Area as is not inconsi.;tent with Grantee's exercise of the rights and privil, s granted to it hereunder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsibLent use by Grantors, 2. Damages. Without limiting any other provision hereof, if during the construction, reconstruction, maintenance, removal h or relocation of any lines within the Easement Area, any damage � t ' EXIIIll1T 1 s' TO EXHIBIT SA That portion of. the Northeast Quarter of Section 19, Township 23 North, Range 5 Bast, W.M. , in ling County, Washington, described as follows: Beginning at the Northeast corner of said Section 19, thence North 89050124" West along the North line of said Section 19 a distance of 2179.33 feet; thence South 0009136" West a distance of 533.06 feet to a point, being the True Point of Beginning of the description of the i land subject to casement hrroin granted, consisting of: A strip of land lying between a line 10 feet Easterly of and parallel to a line described as commencing at the aforementioned True Point of ' Beginning; thence South 0°05 '36" West a distance of 401.38 feet, more or less, to a point in the Northerly right-of-ray line of South Grady Way; a thence South 12039'17" East, a distance of 21.5 � *! feet, more or less, to a point on the Northerly j 4 curb line of South Grady Way; and 4 � A strip of land lying between lines parallel to .and 5 feet Northerly and Southerly of a line described as commencing at a point which is North 12039 '17" West a distance of 10 feet from the terminal point of the line described immed;.ately above; thence South 77°20'43" West, a distance of 100 feet. LUTIOT 1 Vtat portion of the Northeast Quartet of Section J.9, Township 23 North, Range 5 East, W.tt. , in Xing County, Washington, goscribod as follows: �. Beginning at the Northeast corner of said Section 19; t thoncc North 89050'24" West along the Borth lino of said Section 19 a distance of 2179.38 feet; thence South ` 0°09'JG" West a distance of 533.06 feet to a point, being the Tr.uc Point: of Beginning of the description of the A, , land subject to casement herein granted, consisting of: r c A strip of land lying between a line 10 feet ' Easterly of and parallel to a line described as commencing at the aforementioned True Point of Beginning; thence South 0009136" West a distance of 401. 38 feet, more or less, to a point in they+ p` Northerly right-of-way line of South Grady Way; 4i thence South 12039117" East, a distance of 21.5 •' ;f - r feet, more or less, to a point on the Northerly curb line of South Grady Way; and .. A strip of land lying between lines parsllcl to-and W+, 5 feat Northerly and Southerly of a line »escri,bei as commencing at a point which is North 12039117" West a distance of 10 feet from the terminal lz `. point of the line described immediately above; thence South 77020.43" West, a distance of 100 fact. ,4 J sue,} • 4 s 'p � IA 1 tli_Sr -. y } N , IUA J eryq �i 1 n, uTA!'L OF COUNTY 01 i:1U0 On this _ day of _, 1974, before me person- �xN ally appeared _ to me known to he � the �- of I'UGI:T SC.UI:D POWER 6 i,IGiiT —'--'-- - COI4T.1 �, tA:1C cxcCCkCC t e wlLhln 117d foregoing lnstru:noRt, and acknowledged said i.nnirument to be the free and vo]unt.,ry act and dcad of the corporation, for the uses and purposes t'hrrcin mentionrad, and on oath stated that he was authorized to execute � said instrument and that the seal affixed is the corporate seal of said corporation. a In witness whereof, I have hereunto set my hand and affixed :r:y official seal the day and year first above written. z' NOTARY PUuL1C in a.nd for the State of Washington, residing at STATE OF WASHINGTON ) COUNTY OF KING ) On this day of , 1974, before me, person- ally appeared to me known to be the , authorized of the CITY Cr ni 1GT(R7, Lt:at erecut.?d the within and £orcgcing instru- ment and acknowledged said instrument to be the free ar.d voluntary act and dead of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affi;;ed is the corporate seal ✓k; of said corporation. w In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUHLI °=.r an _or the State of Washington, residing at • k. ,e _7_ s„ PUGET SOUND POWER 6 LIGHT C014PANY BY CITY OF RENTON BY STATE OF MICHIGAN ) COUNTY OF WAYNE On this day of , 1974, before me appeared q to me personally known, wF0_;T gu y sworn, i say tH_at_Fe=s the Assistant Secretary of. 'FORD LEASING DF.YF•.LOM ENT COMPANY, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said cor- poration by authority of its Board of Directors, and acknowledged ! f, said instrument to be the free act and deed of said corporation. ,ert qF. NOTXAY PUBLIC in and for the state oy " E" Michigan, residing at STATE OF 11ASHING 'ON ) ss. COUNTY OF Y.ING ) On this day of , 1974, before me person- ally appeared , to me known to be the of SUJ'rill FORD, INC. , that executed the T 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 he was authorized tc execute said instrument and that the seal of the corporation affixed is the true corporate: seal of said corporation. In witness whereof, I have hereunto set my hard and affixed my official seal the day and year first above written. NOTARY PUDLIC in and for the Statc oT Washington, residing at r _ j If to Gr.antev: City of Rcr.toi City Hall Benton, WaLhington or at such other addrer,s as may have been furnished to the other parties as above provided. Any such notice, dewand or othor communication shall be deemed to have beer. given on the date of registration or certification thereof. 13. Modifications. This Easement Agreement may not be modified in any respect whatsoever, in whole or in part, except with the consent of the parties affected by such modification, and then only by written instrument duly exercised. 14. gcadi.nns. The headings of the paragraphs of this Easement Agreement are for convenience and reference only and shall in no way modify or restrict any of the provisions hereof. 15. Successors. The terms and provinions hereof shall be binding upon and inure to the benefit of the respective successors, assigns, tenants and agents of the parties hereto. IN WITNESS WHEREOF, Grantors and Grantee have executed this instrument or caused it to be executed on their behalf as of this day of , 1974. In the Presence of: FORD LEASING DEVELOPMENT COMPANY By SOUND FORD, INC. Hy -5- :7 ,r• Easmmpue: Area s-o ci.rua;-.r:d or tbo waterline installed therein interfere:: with or creates a hazard in connection with Pugct'z present or future exerciso: of such rights, Grantee shall, at its sole cost; alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interference or hazard, and Grantors hereby agree to any revision of the Lasement Area so iegaired. 10. Extinguishment of Easement. In the event Grantee ceases to use the Easement Area as part of its water system form "4• � ' �` period of ninety (90) consecutive days, this casement and the n r rights granted hereunder shall terminate without the necessity of further documentation. 11. Indemnificaticn. Grantee shall defend and indemnify Grantors from and against any and all claims, damages, expenses (including, without limitation, reasonable attorneys' fees) , fines, penalties, losses and liability whatsoever, in any manner arising, from or connected with the casement granted herein. 12. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered air mail, postage prepaid, addressed as follows: If to Ford Leasing Development Company: Ford Leasing Development Company The American Road i5. Dearborn, Michigan 48121 If to Sound Ford: Sound Ford, Inc. 720 8dinicr. Avenue South Rrsnton, Washington 98055 If to Puget Sound Power 6 Light Company: Puget Sound Power & Light Company Post Office Pox 868 Bellevue, Washington 98009 Attn: kcal Estate Division -4- Lny port:cn ai the ):anc:,:iont Area is located (hcrCin call(:d "Owner") the right, at the Owner's role crpcsnsc, to relocate the L•'asement Area and the waterlino therein, if in the sole di.scretior, of tho Owner, such relocation is Cer>in ble. An Owner' s right to relocate shall he subject to the following conditions: (a) If the wateline is relocated into other lands of the Owner, the Owner shall grant to Grantee hereunder a new i easement ten (10) feet in width, five (5) fceL• on either side of the centerline of th, relocated waterline, and shall j convey title to the relocated waterline to the Grantee. Such new eascm.ent and conveyance shall be upon the same terms and conditions as contained herein. (b) If the waterline is relocated into street or highway right of way adjoining the Owner's prop ty, reloca- tion into such right of way being hereby consented to by Grantee by acceptance of this Easement for Waterline, the Owner shall convey title to the relocated waterline to Grantee. (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with existing laws and good engineering practices and shall form a continuous loop. 9. Powcr Line Use. Grantee recognizes that the portion of the Easement Area lying southerly of the southerly line of the former Northern Pacific Railroad right of way is subject to the rights of Puget Sound Powc.•r 6 Light Company (herein "Puget") to construct, operate, maintain, repair, replace, and er.large one or more electrical transmission or distribution lines above and/or under the ground, together �,ith all necessary appurtenances thereto. If Puget in its sole reasonable judgment deems that the • UY relocation of any ].in•::, wi.t:hil: the ,.4u;ci.•mL Are:,, any dam:cge is done to the surface of the yzinument; 1•rca or Grant:ur's improve- #• p ` ments thereon, GYADtCC will rCnwon.ab?.Y e( r,•_,• :.,,1 the party in possession of such part of the o:c itnprovcmen.t for such damage and restore th!! Easement Area or imnrovc!ment to its condition imm:^diately prior to such damage. 1 3. Access. Grantee shall have ehc right of in,ress and egress to the Easement Area for the purposes, and only for the puzpusos, herein specified and for none other whatsoever. 4. Inconvcnience to Grantor. All work porfurmed by Grantee, its agents and servants, in and about the exercise of the rights and privileges granted to it hereunder, shall be conducted expo- fry ditiously and with the least possible inconvenience to Grantors. 5. Installations. Grantee covenants that all installations made by it hereunder will be made in accordance with existing laws and good engineering practices. G. Grant Without Y:arranty. Granters grant this ease;aent, and Grantee accepts the same, upon the express condition that Grantors make no representations ar warranties, either express or implied, in fact or by law, with respect to (a) its title to the Easement Area; (b) any surface or sursurface conditions thereof; (c) any patent or latent defect or dangerous condition thereof.; or (d) its title to the existing waterline conveyed hereby. 7. Water Service. Grantors, and each of them individually, Hereby reserve the right to tap for water service, any lire of Grantee that may be now or hereafter installed within the Easement Area for the service of adjacent property wined by or occupied by such Grantor. Such tap shall be allowed without charge to ,such Grantor. S. Relocation of Fasement Area. Grantors hereby reserve on behalf of the owners from time to tima of the lands upon which - 2• EXHIBIT A ' i:r+_C'1ETTi' 1':TTL tiP,TE1tLli:E , THIS EASEMENT granted by PO;iD LEASING DMLOPh1:NT COMPANY, ., Delaware 'corporation, SOUND 1'OR1), INC. , a Delaware corporation, and PUGET SOUND PCWER & LIGHT COMPANY, a Washington ccrporation • (herein collectively ca7lcd "Grantor:;") , to the CITY OP RENTON, a Washington municipal corporation (herein called "Grantee") : W I T N E S S E T' 11 Grantors hereby grant to Grant^_e a non-exclusive easement for the purposes only of the construction, reconstruction, main- tenance, removal ox relocation of a waterline under and through µ the strip of land particularly described in Exhibit 1, annexed hereto (herein called the "Eascm,nt Area" Grantors hereby convey to Grantee any intcrc:t Grantors may have in the existing waterline within the Easement Area and any interest Grantors may have in that portion )f such waterline which lies within any adjacent public stz et or highway, and Grantee rccepts the same as part of Grantee's dater system. This instrument is executed and entered into on the follow- ing conditions: 1. Other Use. Grantors shall at all times have the right to make such other use of the Easement Area as is not inconsistent with Grantee's exercise of the rights and privileges granted to it hereunder. The encroachz:ent of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantors. 2. Damages. Without limiting any other provision hereof, if during the construction, reconstruction, maintenance, removal I , r: Ph I � Form Complete. J On cv.- fJ j City of Renton Utility Department Project Form T r+� 1, Water Project � (.l.i -�� Date Project No. given r'c C ipI7 2 -2, Project Description and location r J P To Y L9 T4J VIc�^ �&:Lm Mt (if City check 5. ) 3. Developer's Name re aw rn Address y, Phone # ,. ��w..r• ,' Engineer's Name Ct (If City check Address , _ Phone # Contractar's Name _ jerf, Cress (if City check r. r.rtn 'd Ad ' 'e55 Phone # Al. is there an ACTIVE Late-Comers Agreement in the project area? N J _ I i If so, give File Name _ Recording Date And Number 5. The Utility Department Work Order Numbers on this project are as follows: 3317 6. What plans have been submitted? Preliminary ✓ As-Built (/ 7. Has an Est %e b-,• Prepared for Project AJ If so, give Date Prepared And Total Amount of Estimate 8. Is there to be a Late-Comers Agreement on this project If so, give dates for; Preliminary Submitted Recorded and Recorded Number 9. Date of "Start of Cocstruction" _ Da a o,- "Completion" i c sl L. i l.. BLITZ: 0? UrCHIGAIi ] COURTY or W'iffi E ] The forcl;;oing lnctrumcie'; was acialowled;ed bei'orc no this day of �1 . A.D., 197'? by �11. 1.. 'J �,'. ►' _ ^1 , an Assistant Secretary oA Ford LoasinC, Development Cozpany, a Delaware Corporation on bohnlf of raid Corporation. p ;{; i r ^- Notav Public 1 County, Micihiaan icy -Commission Expires C:mmux,9ntaputs Fcb.7.1.157u bR*" wa:. 7N :rsr h+i ni - i ' 1 that they cii;ncd +uul ecalud the said instrumnt as their free and } voluntary act and deed for the uceo and purtoaen therein ::Pentioned. 1 WITIIDSS ;:`y hand and official ceal hereto affL:cd the day i and year in this certificate above uritten. F Notary -Public in and for the State of Washington resid:inb at STATE 02 11.AaII1-MT0:1 ] County of• l:irr, ] On this _ day of A.D., 197 , before me, the und.;r::irned, a .nary Public in and for the State of Washinrton duly commissioned and cuorn personally appeared yActor D1arbri and ilnrie D+nnbri. hi^ r!ife to me known to be the individuals dcacribcd in and who executed the foreSoin.- instrument, and acknowledr;ed to me that they si,(;n=.d and sealed the said instrumcnt as their free and voluntary act and deed for tine uses and purpose. therein mcntioned. VaTItESS my hand and o:fieial seal hereto affi:%cd the day and year in this certificate above written. Notary -Public In and for the btate of Washington residinS at - 3 - IN WITr.ESS NIMMOF, The parties hereto have caused this Agreement to be executes an of the date hereinabove first net- forth. Albert L. (;ooper Frances Cooper FOr.D LEA,5C DI` MOPiI MT COTIPANY &T.COGITITIOiT Or ASSIGIIIM.TIT The underaiGned Lessor hereby aci.no:rledr;cs notice of the foregoing; aszir;nraent of the Lcarc to LeaseCo, and acl;.^ wledScn to c/V. LeaseCo that tl.c reprenentati and warrantees net fo-th 3 .N Items 2D and 2F in the foregoing Agreement are true and Items 2E and 2C therein are true to the best of Lessor's knowledge and belief. Victor Diaabri :are Lia;,.bri STATE Or WASHII:GTOA J T County of• King, On this say of A.D., 1973 before me, the underair;ncd, a Notary Public in and foz the State of I'ashinCton duly comrisnioncd and sworn personally rrpearcd Albr.rt L. Cooper and Frances Cooper, his t:ife to rse luio n to be the individual-. described in and ho executed the foregoin,; inntru^ent, and acknowledged to me • wLr D. Acvlc�ror has full pomr, riLht and authority to a;rirn the Lead ar hercIn contenplated; C. The Lease it unmodified (except for r�upnlcmcnt recorded ltovefober 26, 2971 under Auditor's File I•io. 711126olO7) and is in iu11 force and effect; v. All rent payable under the Lcarc has been paid for all ' period , up to and including Jlove::ber 23, 1973; t : R. Assignor is not in default in the performance or observance of any obli;;ationr under the Lease, and no event has; occured or condition c•:ists which would � { constitute such a default but for the giving of any applicable notice or tar riration of ary applicable �c "` grace Per.i.od; F. Landlord (Lessor)it not in default in the performance or observaacc of their obligations under the Lease. 3. Leac�Co here by accepts such assignment and agrcer to pay the rent from and after the effective date of this Agreement. h. At any time, and fron time to time, upon written rcar.cst of LcaceCo, Assignor will execute and deliver any and all such additional instrw.:ents as in the opinion of LcaseCo shall be neccrsary E or advisable to confir;,j or effect the assi;nment to LcascCo of all riL;htr, claims titles and interests of AsriL:',or as the tenant -wider the Lcasc. 5. This ALrecracnt may be executed in any number of courterpartr and it is corteaiplated that the pastier hcroto may execute different counterparts. This Agreement shall becoac effective when one or --.:ore ;y of such co•.:nLerparts is siGncd by or on behalf of each of the parties hereto, and ruck co;;nterpartr --:ia11 toL;ether have been executed by all parties shall constitute an oririnal of this inrtrur;cnt,.Aut all of such counterpart:-- shall constitute one and the same lnrtrw::ent. ' I EX11r.DIT L T13IS ACRIE11311T made and entered into as or l:ovarabci ].�, 19(3, by and between Albert L. Cooper (herein called Cooper) and Frances I' Cooper, his wife (herein collectively called Assignor) and Ford Lcasir.L Development Co,:rpnny, a Deluware Corporation (herein called LcascCo) with reference to the rollowir,.-: � } 1AIEY1sAS, Victor Diar.:bri and .Saris"Dicer»bri, his trite (hcrr:;i.n collectively called Lessor) and Cooper entered into a certain leacC dated Au^uct 2J; 1 Gl the Lcae coverir r, .. ( ), - certain prenises in the City of Renton, .County of I'iiia and State of ilasbingtoa, as particularly dencrii,ed in the Lease, which was :c::cr'icd flay 25, 1967 with the i • ' °r Auditor of !',in. Couarty, L'achington undo:; Faceivin.- No. 6=)92. 11017, T1III PORE, In consideration of "ood and valuable and yy tYFv sufficient consideration, ti7e receipt oS which is hereby ackrioi .,Icd',Cd, " this A;;reemcnt and mutual covenants herein contained, the parties ;ree: 1. Ascil;nor hereby acsi;;ns to LeaacCo all their ri'ht, w title and interest in, to and undor the Lcace, and the leasehold estate created thcre::y. 2. Asci;;nor rcprc ents an6 t arranta to LcaccCo an follow: A. Acsl nor the o:"mcr and holder of the lac ee'c interest under and the leasehold cztate created by the Lease, free and clear of all liens, char,;cs, violations, enmuberancec, plcd;es, nort';;accc and subleases (cave and except that certain sublease dated July between Ascirfnor as tilc landlrrd and Robin-con Lyon Ford, Inc., a liachin;ton Corporation, ac the ten llt, of which a nono was rucordcd As:(;u::t 1, 19u7 under Auditor's Va. i2120j), record^ of l:in(; County) . • t i EXCEPT the following desrribod parcel ; A portion of the Northwert: 1/4 of the ;vc>r.Lhca:;l: 1/4 of Section 19, Township 23 North, P.angn �; i;as!; +,•;,�; cc•scrihed as follows : Beginning all the North line of said section at a point which is North 89°50124" w:cat 2008,4 feet from the North- east corner thereof and running thence; South 0°n0134" West 30 feet to the South line of the SE 144th Street Thenco; Southwesterly along said Street line. 177.51 to the true point of beginninq Thence; conti;:uinq Southwesterly along said Street line to the Easterlv line of 92nd Place l southeast Thence; Southerly along said Easterlv line to the North line of right of way of Northern Pacific Thence; Easterly along said right of way lire to a point from which the true point of beginninq hears North 0"09136" Thence; North 0*09136" East to the truC point of rill beginning; zsccpt that portion lying Northerly of a line drawn from a point on the Westerly line of said tract 270 feet Southerly measured on West tine of. tht Northerly corner Of said tract to a »Dint on the Easterly line of said tract, making a complete 90" angle with said line, a distance of 315 feet, Southerly of the Northerly corner thereof and except the North 130 feet, measured at right angles to the " Southerly line of above excepted Northerlv corner and also parallel to said Southerly line, from State !iighwav 5 to the . East line of said tract, Except for State Highway No. 5. ry ' �.! N r f�fq T EXItIRIT A lvcrall_h scri Itian That portion of LIIc lMl-LIAC..':L quart-or of Sec t.i.un 19, Towv'_-hip 23 North, IL:ngc 5 Las to W.I.1. , in Ring County, !tn:hi.ngton, descri6cd as follow:;: 13cl;innirr; at: the northeast corner of s;,i.d Section 19; thence north 89`50'24" writ along the north line of said Sectivn 19 a distance of 1783.40 feet to tho centcrlioc of I:he IionncviZic 1'ar;er Transmission Line nigh L-of-way, Said point hereafter Ca 11.Ct1 point: "A"; thence north £9`50'24" west to a point which bear,, north 89'50'24" west .. 2179.38 feet from the l:ort.heast corner of sai.d section 19; thence south 0°09 '36" w :,t 543.06 Feet to the true point of be Lnning of this dc;cription; Lbellev north 0*09'36" east 32.71 feet; thence south 89°50 '24" c.1S1: 401.76 feet to the centerline of said trans- mission ;Lire riFhL-ol:-%eay, said cenCurlino having ,a bearing of ; et , ! + a. South 0 q..) 24n da5t as CiC:lti4 rud IrLal afore):l:nCtDnCd point "A"; � thence South 0°29'24" east ;Ilong Said tran5:nission Lille rLght-cf- ,t* way centerline 360 feet azure or less to the northerly edge of a concrete curb on the northerly side of South Grady Way; 'thence souChweslerly alw1,^^, the northerly edi;e of said concrete curb to the easterly nanrgin of I:a.inier Avenue South, State Road No. 167; NL ;^' " thence wcSterly and nor therly along said easterly margin to a point 6 on the south line of the Burlington Gurt.hern Railroad right-of-Lacy; � � �.' thrncc along the easterly nl.•Irgin of said Raloier Avenue South the following courses and distances: Forth 77°20 '05" cast along the southerly line of said Railroad ril;ht-of-way to a point on the cast line of the west 50 fceC of the norLIlCasr quarter of sai.d Section 19; thence north 1°16 '01" ca.sL p:,rallel to the WOSL line of said northeast gual-tor ;i (H.'L ace of 103.04 fecL to the north line of said y: railroad right-of-vay; thence north 77"20'05" cast along said north line C1h a point on the cast Iinc of the .wcst 65 feet of the northeast quarter of said SectiCll 19; thence north s >• , ',r 1` 16 '01" cast 60, 86 feat tea point of curve; tilcl:ce on a y curve Lo the right chc center of L:•hiCh hdacs Svuth S8°43'59" east 648.67 feet, a central an£Ic of 8`54' 19" an are distance of 100.£2 feCL ; Lhance north 79`49 '40" West aloe..- a radial line 15. 00 feet to a point on a curve the center which burs south 79'49 '40" cis', 663. 67 fecL; thence northerly alon- said curve to Lllc right through a central angle of 31` 15 ' 16" an arc distance of 362.03 feet to a point of tangency ; thence north 43`34 '24" west 20.00 feet; thence north 41`25 '36" cast 23. 52 feet to a point which bears north 55`4S' 17" west from the true point of bcl;inning; thence leaving the easterly marlin of Said Rainier Avonu4 SOnt11, smith 55°4S' 17" case 340.95 feet L.) the truo puinL of beginning and That portion of chc nurLhl:<:st quarter of the northeast quarter of Sectim1 19 , Township 23 North, irange 5 L.I;L, l:'.N. , lying squchcrly of 1'.5 .II . No. 5, northerly of the Northern 1'acifLc Railroad riI;11C-cf.-Fray , and i,ctWc:n l i."es dl•al:n at right. angles to chc retch line• of S::id nortikl:osL guarLar of the northOnSL quorccr, which are raxpertivel•v 2173.1:0 furt and 2179 . 38 fcov mcostlrod alnn;+ Said cectirn lino from thu n:art!:. aSt 1:01•110r of said Section 19; situato ill Like Cil.y of Re11L011, COMILy Of hill;',, ✓1.31-V O1 Ikla:.ltllil:Cull. + 1 . N T1 L .. ...,._.., K at NlNfiOTLt DIVISION Filed for Record at Request of TO EXHIBIT D Quit Claim Deed FORM L 56 a THE GRA1,Tpl VICTOR DIA-IBRI and MARIE DIAMBRI, his wife, for and In consideration of the objective of clearing title convey and quir claim to FORD LEASING DEVELOPMENT COMPANY, a Delaware corporation, the following described real estate, situated In the County of KING State of Washington including any interest therein which, granter may hereafter acquire: except by purchase; and including therein any leasehold or other secured interest therein: As described in "Exhibit A" attached hereto. Dat I this day of ISEAU VICTOR"ISIAM➢RY""'"•""""-•'•'------- MARZE-UZAM➢RI-"""••"•- ...•••_•._•_.••ISEALI STATE OF WASHINGTON. I County of On this day personally appeared before me VICTOR DIAMBRI and MARIE DIAMBRI, to se; known to M the Irdlvidual described in an' who executed rho within and foregoing inrtramenr, and acknowledged that they signed the aame as their free and voluntary act and deed, for the uses and purposes therein menrimed. , GIVEN tamer ny hand and official seal this day of 1974 . ........................................................ eoraay 'Gbflc ae aad (et the $fate 04 Ya/ha eg<re, et//dask at ! I I i -`--�-_�--_—_ I EXEI'DIT C r 11 ;y Fcaa+ w.ar:: Q&t Ned ed 11COnronnre FORM) j ti THE G2h!:TUR , FORD LEASING DEVELOPPWIT CQIPANY, a Delaware corporation i for and in considnaticn of the objective of clearing title, convey.and quit dams to VICTOR DIAMBRI and MARIE DIA)MI, his wife, the fellowin.described rez! estate,sitr.::ed in the County of King r State of Washington including any interest therein which grantor may hereafter acquire. The southerly 384.12 feet of that portion of the northwest qtmrter of the i northeast quarter of Section 19, Township 23 North, RanSe 5 East, H.M., lying southerly of P.S.N. No. 5, north of the northerly line of the former Northern i Pacific Railroad right of way, and between lines drawn of right angles to the north line of said northwest quarter of the northeast qu*_rzer, which are rs t• respectively 2178.40 feet and 217 .33 feet measured along sat,! section line fron, +ho northeast corner of said Section 19; situate in the Ci.y of Rental, County of King, State of Washington. 114 WlrNLSS WHEREOF, said corporation. ',as caused this instruu:eat to be executed by its proper ofhxis and its corporate seal to be hereunto afhxcd this 19Ch day of December, 1973 ..._.._..._._.........._................._........._................._...... ...... .. FCRD LEAS7I;G Dh'VELOPDf�JT C(6•t?ANY, a Delaware Corporation 7fYIX. ............ ...........__........ .._.._...._..._.._......................._.. - L/ _ -1vtYd«s. _ . ... ......... AfICffIGAN Assistant Seerela-y. STATE or Xrl.k4M'6d7CY, is. County of WAYNE On this 1 J to day of Decembar , 1973 ,before me, the uadcsigncu+, a Notary Public in and for the State of ri':.,tdaxia:, duly commissioned and sworn, personally appeared }'d U nZT V V l N c 1-,� ; Mi.clr:ger. a,A to me known to be the xxxxxxxrxA.Vvuzm� As a J.a tantSecretary,xa;,zaetiaele, o! FORD LEASIii;, Dr iF'LOP:iF'iYC CUMPAl!Y the corporation flat executed the forexoivc instrument, and acknowledged the said instrument to be the fie and voltmiwy art and died of said terlmralion, iur the uses and purpr.ses ihcrnn utt:mmocd, end on oatb stated doi he is authorized to execute the said insttuatert and that the seal affixed is the cor�.nrate xal of said cogpormion. !"i•»: . 11.:.: fA: :--I`T.rtn af5e:d 'F- 0%, tnd "We f"it sfmv! wrirbn, . ................�.'n:.:...%..� ...: n..LiitES F. C.::,;:.;i � nfasy Public i Mad lei Me Staftraft of K% cipi:;.pe, • F.Y.IIII;I'1' 1 TO E%IIIBIT B That portion of the Northeast Quartur of Section 19, Township 23 North, Range 5 "ast, W.M. , in King County, Washington, described as follows : Beginning at the Northeast corner of said Section 19; thence North 89050124" West along the North line of said Section 19 a distance of 2179.38 feet; thence South 0009'36" West a distance of 543.06 feet to a point; thence North 55'48'17" West a distance of 340.98 feet to a point in the Easterly right of way line of Rainier Avenue, South, and the True Point of Beginning of the description of the land subject to easement herein granted, which is: A strip of land lying between a line 10 feet northerly of and parallel to a line described as commencing at the aforementioned True Point of Beginning; thence South 55048117" East a distance of 340.98 feet to a point. _ Yy 1 • i 5 n� � p • >•v"^-`+fir 'frw STATE OF FIASPINCTON ) COU11TY OF KING ) On this day of _ , 1974, before me person- ally appeared-- to me known to ),c the of REENTON BODGE, INC. , that executed tie .at un ::r3—foxe;ja�.ny in:aru ment: and acknowledged said instrument to be the: : rcc and voluntary act and deed of the corporation, for tLc use, and purposes therein mentionod, and on oath stated that he was authorized to execute said instr.a-nort and that the seal affixed is the corporate seal of said corpora- tion. In witness whereof., I have hereunto set my hand and affixed my official seal the day and year first above written. tOTARY PUBLIC :n and for the Sta.e cf Washiny,:on, residing at STATE Or WASHINGTON ) BE. COUNTY OF KING ) On this day of , 1974, before me, person- ally appeared , to me known to be -the , But orized,- of the CI'.Y OF iWTGN, that executed the within and foregoing instru- - ment ar,d acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. ARY IUBLIC in and c�the SFYti: c- Washington, residing at STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of 1974 , before me, personally uppcarc to me )mown to be the _ authorized Of 5ECU1211'Y ':'RAILER, that executed the within and furogoir., instrument and acknowledged said instrumert to be the free and voluntary act- and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NU1'AItY PUBLIC in all(l for tlic state o! Washington, residing at IN WIT11L'SS 1.111EREON, Grantors and Grantee haw.- c!xccute9 InGIZZ-o:1ent or caused it to l.o executed on their b..h+ilf at; of this q"-p day of , 1974. ' In .tihe Presence of. Victor Dian, ri F � Ill -"� Marie Diambri RENTON DODGE, INC. By . CITY OF JUWON • SECURITY TRAILER By — STATE OP 1.77 S1IINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me, VICTOR DI;1MRI ar,d ' 14ARIF DIAMBRI , his wise, to me Y.no:.n to bo the individuals de- scribed in and who executed the foregoing instru.:.ent, and acknovll- edged that they signed the same as their free and voluntary act and deed for the uses and purl-�sos therci.n mentioned. AAGiven under my hand and official seal this 29 day of 1974. -- —-- .+?.: YUDLIC an ana fo—t he :a c.c �i ;Zrhingeon, residii:g at + �. 1 INTEROFFICE MEMO TO: Mr. Warren Gonnason DATE: July 25 1974 FROM: Gerard M. Shellan SUBJECT: Ford Leasing Development et al Dear Warren: Purajant to our meeting with Mr. Jack Pearce of the Ford Leasing Development Company o7: July 22 , 1 received from him last night the enclosed letter ind amendment. It would appear that the amendment conforms with the oral understanding that we had reached at said meeting. j Wculd you and Ron therefore check over the enclosures to be sure they meet with your full approval and then advise me 1 immediately. I shall then contact Mr. Pearce so that he may forward both the easements and the amendment to your j office for execution by the Mayor d the City Clerk. We remain, ' L r' Shella 3 GMS:da Enc. cc: Ron Olson (with copy) Mi 1 1 t �• 1 : hb•aw.. ,r.nn.yv..#�.(e1KVn'`�.. _ uy LA pr.IGrY or �o«w Ye J.wneF. DAVIS.WRIGHT.TODD. RIESE i JONE$ unYu,[c.Me4 ewn cNwwu.Y..000 Juofo,..rn +[eo sumcnws. 4w+�owu Y4N euKe.No ow.neN..«.r[ a,e[n r,Jowar or cewf{ [gY,aow.eYYae4aa 6fATTI.[.1NAf MINOTON fflfl ue,[ 11[Y[N.OV[M[[V a[[4 O.CJNN .MN[[Y.[MO•Ww I[Oe/6[SN[O C.NY[f JVO[ON w[w r.wrap o rIY[•aru,Jw. woecw Y.rKYMY{ July 30, 1974 ............ .o [I+rAwD 4.HNO( DWIO r.0[[.IMO MefON[M11M JVDO nNw ♦t!Y[wON 4VON[ nuO. Nr,1.[ f�•� �' YIC.YaY^ONa[N �1��!7� F '11P^• �n (p •U a 01101, ow4rtY. nu I M �L � 0 11/ li .[oow.,[•N � � .. saw r.cNw,e V LS .Nw.rY J N[�w4 AUG 1974 neY,wo�n.oew.a ww D,JM4N Mv4[ PURL l({..:OLOYXNN s.iMh ,w,w�Yu c4uo+ 1C WORKS �IV . C., Pr Y Of SENTO d• X TO: Mr. and Mrs. Victor Diambri Ford Leasing Development Company Sound Ford, Inc. Renton Dodge, Inc. ¢. Securities Industries, Inc. Puget Sound Power i Light Company The City of Renton Gentlemen: All of the documents have now been executed by all of the parties. As you recall , for purposes of convenience some parties signed different copies of the same document as contemplated in the language of the documents. E:iclosed for your information are all of the documents which you executed. If you wish fu. lher copies of the -ocuments after they are recorded or certified copies, please advise me and we will furnish them as soon as they are available. Very truly yours , DAVIS, WRIGHT, TODD, RIESE 6 JONLSc\ Donald A. Schmechel DAS/sg Enclosures i ,a L,pYlfo Y�1�r+. nrfL4 e�L f974 OA4LW. 00ce4c,6- 3Q ✓JIfA2rbo2nc .+��ca�tG.��J_ ------ -_—_ __ -- __._ _ _ ___. _.. --- _ (A`r A-I /CI T, C--X7 24 3 3 t JrAl" Wee i26cc z,x p�^� f EXHIBIT 1 That portion of the Northeast Quarter of Section 19 , Township 23 North, Range 5 East, W.M. , in King County, Washington, de: ribed as follows: Beginning at the Northeast corner of said Section 19; thence North 89050'24" West along the North line of said Section 19 a distance of 2179.38 feet; thence South 0009'36" West a distance of 533.06 feet to a point, being the OD True Point of Beginning of the description of the N land subject to easement herein g(V 7 granted consisting of : - O A strip of land lying between a line 10 feet 01) Easterly of and parallel to a line described as ' vcommc-cirg at the aforementioned True Point of f Beginning; thence South 0009'36" West a distance of 401. 38 feet, more or less, to a point in the Northerly right-of-way line of South Grady Way; thence South 12°39'17" East, a distance of 21.5 feet, more or less, to a point on the Northerly curb line of South Grady Way; and A strip of land lying between lines parallel to and 5 feet Northerly and Southerly of a line described as commencing at a point which is North ' 2039 '17" - West a distance of 10 feet from the terminal -" point of the line described immediately a' :)ve; thence South 77020143" West, a distance of 100 feet. AO% r STATE OF WASHL7GTON ) ss. COUNTY OF KING ) On this _10—•�day of nuu� 1974, befor, me person- ally appeared ,(,;/t , to me known to be the of PUGET sOUND POWER 6 LIGHT COMPANY, that executed within and foregoing instrument, and acknowledged said inetrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute Q) saiC instrument and that tht seal affixed is the corporate seal Nof-said corporation. pp `A In witness whereof, I have hereunto set my hand and affixed CJ �F.y1�;mwr�t>cial seal the day and year first above written. �1G i.;;; «10 . NOTARY B in an or th otate o 25• •�1 Washington, residing at 9.•cca OF WA50�. I STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) - On this day of ' ✓ 1974, before me, person- ally appeared , r . %i to me known to be the /11;: i a of the CITY OWN, tfiat executad the witFi'in ado-ing instru- ment and acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first ebove written. NOTARY in and or Washington, residing at ? ♦' - °'' y ; F -7-el A ,�~A� .r� 'o°' . <� ...r..+C.rs.0.:°ti/'tr��v�+@�•'r r�� .1 ir.� ,_. �.....:.''� �+��ti�.'�'i.i PUGET SOUND POWER 6 LIGHT COMPANY CITY OF RENTON By 1 w .o STATE OF MICHIGAN ) v ) ss. Gi) COUNTY OF WAYNE ) O tiOn this _ __ day of , 1974, before me appeared , to me personally known, who being duly sworn, did say that he is the Assistant Secretary of FORD LEASING DEVELOPMENT COMPANY, and that the sea! affixed to said instrument is the corporate seal of said corpo•ation, and that said instrument was signed and sealed on behalf of said cor- poration by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. . NOTARY PUBLIC In an for tie GG Michigan residing at t 0/ RJTH HUGRES 1 +T>t> B Notary puth• .Oakland County,Mtch. STATE OF WASHINGTON ) Achnp,in Yl:7e•C;uctY,Michigan VA ' 86. MY Co M,ISSWh Expires Stpt.21. 1977 COUNTY OF RING ) On this day of 1974, before me person- ally appearedT; �_ 11 A'w i S to me known to be the » a , - -.,,-� o SOUND FORD, INC. , that executed the w t n an oregoing instrument, and acknowledged baid 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 and that the seal of the corporation affixed is the true corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. 4.P 5 C,'�N'•• -s• ••C��'•r f NOTARY PUBLIC in an or t e tate o _ o Washington, residing at `:> C ,i sf , for ,•. -6- If to Grantee:: City of Renton City Hall Renton, Washington # : or at such other address as may have been furnished to the other parties as above provided. Any such notice, demand or other communication shall be deered to have been given on the date of NQ registration or certification thereof. ly 13. Modifications. This Easement Agreement may not be modified in any respect whatsoever, in whole or in part, except r with the consent of the parties affected by such modUication, J executed. and ther. only by written instrument duly e+++t�•ee3. t 14. Headings. The headings of the paragraphs of this Easement Agreement are for convenience and reference only and r shall in no way modify or restrict any of the provisions hereof. 15. Successors. The terms and provisions hereof shall be binning upon and inure to the nenefit of the rer,pective successors, assigns, tenants and agents of the parties herato. i IN WITNESS WHERMF, Grantors and Grantee nave executed this 9 instrument or caused it to be executed on their behalf as of this day of 1974. • In the Presence of: ,,,,..(( Q�►Ayt 1 FORD LEASING DEVELOPMFNT[}}��4++ Y••• •, � 8an0 , Jr. •�i �.�e •• ay J. J !:' By t el- e .. r— }i j„Cr ROBERT V. VIN(`,p,M• "� ��'►.1�'a :• • SOUND FORD, I"7C 7 a I 4%t By . -s- ti ANA Easement Area so situated or the waterline installed therein interferes with or creates a hazard in connection with Puget's present or f-ture exercise of such rights, Grantee shall , at its sole cost, alter and/or zelucate such portion of the waterline in a fashion which will reasonably eliminate such interference or cV C) hazard, and Grantors hereby agree to any revision of the Easement N Area so required. 10. Extinguishment of Easement. In the event Grantee ceases to use the Easement Area as part of its water system for a period of ninety (90) consecutive days, this easement and the rights granted hereunder shall terminate without the necessity of further documentation. 11. Indemnification. Grantee shall defend and indemnify Grantors from and against any and all claims, damages, expenses a (including, without limitation, reasonable attorneys' fees) , fines, penalties, losses and liability whatsoever, in any manner arising from or connected with the easement granted herein. 12. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered air mail, postage prepaid, addressed as follows: If to Ford Leasing Development Company: Ford Leasing Development Company The American Road Dearborn, Michigan. 48121 If to pound Ford: Sound Ford, Inc. r.$ 720 Rainier Avenue South Renton, Washington 98055 If to Puget Sound Pc ^r 6 Light Company: Puget Sound Power 6 Light Company Post Office Box 868 Bellevue, Washington 98009 Attn: Real Estate Division - JI !4 -4- q: rwaruau'�rr,r,�r�irrrsr�a�rrrea...__ _ __ � �mr�r .f. any portion of the Easement Area is located (herein called "Owner") the right, at the Owner's sole expense, to relocate the Easement Area and the waterline therein, if in the sole discretion of the Owner, such relocation is desirable. An Owner's right to relocate of shall he subject to the following conditions: 10 CIA (a) If the wateline is relocated into other lands of Nthe Owner, the Owner shall grant to Grantee hereunder a new V easement ten (1,.) feet in width, five (5) feet on either ti side of the centerline of the relocated waterline, and shall convay title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon the same terms and conditions as contained herein. (b) If the waterline is relocated into street or a highway right of way adjoining the Owner's property, reloca- tion into such right of way being hereby consented to by Grantee by acceptance of this Easement for Waterline, the Owner shall c- title to the relocated waterline to Grantee. (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with exieting laws and good engineering practices and shall ';1^ ,° Wes; - r• form a continuous loop. 9. Power Line Use. Grantee recognizes that the portion of •1^ , the Easement. Area lying southerly of the southerly line of the former Northern Pacific Railroad right of way is subject to the rights of Puget Sound Powe.^ 6 Light Company (herein 'Puget") to construct, operate, maintain, repair, replace, and enlarge one or ; more electrical transmission or distribution line3 above and/or under the grcund, together with all necessary appurtenances thereto. If Puget in its sole reasonable judgment deems that the -3- 1 or relocation of any lines within the Easement Area, ar damage is done to the surface of the Easement Area or Grantor's improve- ments thereon, Grantee will reasonably compensate the party in U possession of such part of the Easement Area or improvement for D such damage and restore the Easement Area or improvement to its Wcondition immediately prior to such damage. v3. Access. Grantee shall have the right of ingres3 and n egress to the Easement Area for the purposes, and only for the purposes, herein specified and for none other whatsoever. 4. Inconvenience to Grantor_. All work performed by Grantee, f6 its agents and servants, in and about the exercise of the rights and privileges granted to it hereunder, shall be conducted expe- ditiously and with the least possible inconvenience to Grantors. 5. Installations. Grantee covenants that all installations �T ^ made by it hereunder will be made in accordance with existing a ,t laws and good engineering practices. 6. Grant Without Warranty. Grantors grant this easement, and Grantee accepts the same, upon the express condition that Grantors :Hake no representations or warranties, either express or implied, in fact or by law, with respect to (a) its title to the Easement Area; (b) any surface or sursurface conditions tnereof; (c) any patent or latent defect or dangerous condition thereof; or (d) its title to the existing waterline conveyed reoy. 7. Water Service. Grantors, and each of them individually, hereby reserve the right to tap for water service, any line of Grantee that may be now or hereafter installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. Such tap shall be allowed without charge to such Grantor. 8. Relocation of Easement Area. Grantors hereby reserve on behalf of the owners from time to time of the lands upon which -2- A �u :v EASEMENT FOR WATERLINE CV w o N THIS EASEMENT granted by FORD LEASING DEVELOPMENT COMPANY, a Delaware corporation, SOUND FORD, INC. , a Delaware corporation, - and PUGET SOUND POWER 5 LIGHT COMPANY, a Washington corporation (herein collectively called "Grantors") , to the CITY OF RENTON, a Washington municipal corporation (herein called "Grantee") : W I T N E S S E T H Grantors hereby grant to Grantee a non-exclusive easement for the purposes only of the construction, reconstruction, main- tenance, removal or relocation of a waterline under and through the strip of land ,particularly described in Exhibit 1, annexed hereto (herein called the "Easement Area") . Grantors hereby convey to Grantee any interest Grantors may have in the existing waterline within the Easement Area and any interest Grantors may have in that portion of such waterline which lies within any adjacent public street or highway, and Grantee accepts the same as part of Grantee's water system. This instrument is executed and entered into on the follow- ing conditions: 1. Other Use. Grantors shall at all times have the right to make such other use of t:, Easement ',rea as is not inconsistent with Grantee's exercise of the rights and pzi-ileges granted to it hereunder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantors. 2. D_amages. Without limiting any other provision hereof, if during the construction reconstruction, maintenance, removal. 1 M1 iAw orric rA nF ' DAVIS. WRIGHT. TODD, RIESE S JONES A[Qo *fA—LE FP4*T NATIONAL MNa SWILD Nv SEATTLE.WASNI NOTOM 06154 October 9, 1974 fps , Mr. Ron Olson Utilities Department City of Penton Renton City Hall Renton, Washington Dear Mr. Olson: Enclosed for your records is a copy of the Easement for Wzterline granted by Ford 'easing Development Company, Sound Ford, Inc. , and Puget c _nd Power & Light Company to the City of Renton, dated June 12, 1974, and racorded under Auditor's File No. 740826026& on August 26, 1974. Should you require further information, please contact me. Very truly yours, DAVIS, WRIGHT, TODD, RIESS,& JONES i, Donald A. Schmechel DAS/sg nclosures "r. Jack Pearce 1 10. The required "PRESSURE TEST" has been taken by At a pressure of PSI , for minutes, on The test: Failed Passed Comments li . The required "PURITY TEST" has been taken by 0n Date of Reply Faile, Passed Comments IY. Is there an Easement required? If so, give dates for: dy Sp <,,o,[AT'~4— Preliminary Submitted Recorded And Recorded Number f 13. This Project included 957 LF of $ CZ Wa to rmain And — owl Gate Valves Gate Valves Gate Valves and Gate Valves, And all miscellaneous accessories for a total value of $ 10 7S ? tt Also, Size `/ Make type _Fire Hydrants for a total value of $ � 1 14, The transfer or "Rill of Sale" is in; Preliminary — V oat, y Lls d 4 Submitted ,,ecorded form. ,he rerorded number oat This project information was sent to the U_! lity De-' `n• recording on and taken in; , �a— 31 16. What drawings does the Water Shop have on File. v� Preliminary �, As-u, _ TOYOTA OF RENTON - FIRE PROTECTION WATERMAIN �A) � CITY OF RENTON By STATE OF ] j ss . COUNTY OF j On this day of 1974 before me, the undersigned, a Notary Pu is in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the o FORD- LEASING DEVELOPMENT COMPANY the corporation that executed the 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 is authorizea to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for the State of , residing at !;TATE OF j j sS. COUNTY OF On this day of , 1974, before me, the undersigned, a Notary Public in ar. for the State o,. Washington, duly commissioned and sworn, personally appearec° , to me known to be the Of PUGF.T SOUND POWER AND LIGHT COMPANY tTie pora`_ion t at executed the 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 is authorized to v:ecute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for t eut� residing at -I- ti hereby agree to grant, without additional consideral_ion therefore, and upon the saute terms and conditions .,s con- tained in this easement, a new easement ten (10) feet in width, five (5) feet on either side of the altered and relocated waterline, whereupon this easement as to that portion of the Easement Area from which the waterline is altered and/or relocated shall be extinguished. 4 . Section 10 shall be amended in its entirety to read as follows: "In the event Grantee ceases to use a waterline within the Easement Area continuously for a period of six months or more as part of its water system, this easement and the rights granted hereunder shall terminate, without the necessity Of further documentation, as to such portion of the Easement Area within which the unused line may be situated; how%_ver, such extinguishment shall not occur until 30 days following the giving of written notice by the owner of the servient estate to the City of Renton setting forth the state of facts as causes the expiration. IN WITNESS WHEREOF, the parties hereto have executed this Amendment of Easement, or caused it to be executed on their behalf as of this 31st day of July, 1974. FORD LEASING DEVELOPMENT COMPANY In presence of: By SOUND FORD; INC. w By_ PUGET SOUND POWER AND LICHT COMPANY Hy -2- t AMENDMEMT OF EASEMENT FOR WATERLINE THIS AMENDMENT OF EASEMENT FOR WATERLINE; W I T N E S S E T II : WHEREAS, by instrument dated June 12, 1974 , FORD LEASING DEVELOPMENT COMPANY, SOUND FORD, INC. , AND PUGET SOUND POWER AND LIGHT COMPANY granted to the CITY OF RENTON a certain easement for waterline; and WHEREAS, the parties desire to mend such easement in c rtain respects, NOW THEREFORE, the pasties hereto, intending to be bound, hereby agree that the easement shall be and hereby is amended as follows : 1. The first sentence of Section 1 shall be amended by the addition of the following: ", but Grantors shall not erect, or maintain any buildings on the surface of the easement area. " 2. Section 7 shall be amended by changing the period at the end of the second sentence to a comma, and adding the following: "except for the customary meter and/or connection - charge imposed by thi City of Renton." 3. Section ) shall be amended by deleting the second sentence thereof and substituting the following: "If Puget in its sole reasonable judgment deems that the Easement Area so situated or the waterline installed therein un- reasonably interferes with or creates a hazard in connection with Puget's present or future exercise of such rights, Grantee shall, at its sole cost . alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interferunce or hazard, and Grantors R Gerard M. Shellan, Esq. Re: Easements July 24, 1974 - Page Two waterline where it rune through their operating property, and 4) the intent of the extinguishment provision was merely to remove the encumbrance on the ._and without the requirement of further documentation if the City determined to discontinue it's waterline use. Assuming the amendment meets with your approval, we will proceed to have it executed by Ford Leasing, Stand Ford and Puget Power and delivered to you no later than Monday, July 29, 1974. We request that for the reasc.ns : outlined yesterday, the City execute both Easements for Waterline and thi Amendment and deliver copies thereof to Mr. Donald A. Schmechel of Davis, Wright, Todd, Riese & Jones on or before Wednesday, July 31, 1974 . Thereafter, we will proceed to use our best efforts to have a second identical amend- ment executed ty the Diambris, Renton Dodge and Securities Industries and. delivered to the Ci'y. Thank you for your cooperation on this matter. Very truly yours, FORD LEASING DEVELOPMEEH COMPANY By J. J. YEARCE, Jr. i TM! . „ "� k July 24, 1974 Gerard M. Shellan, Esq. City Attorney City of Renton Post Office Box 626 100 Second Avenue Building Renton, Washington 98055 Re: Easements for Waterline -- one granted by Ford Leasing Development Company, Sound Ford, Inc. and Puget Sound Power and Light Company, and the other granted by Victor and Marie Diambri, Renton Dodge, ?nc. and Securities Industries, Inc. , to the City of Renton. Dear Mr. Shellan: In accordance with the discussions between us held yesterday at your offices and in which Mr. War[en Gonnason and Mr. Ron Olson of the City participated, we herewith submit a proposed amendment to the Easement for Waterline granted to the City of Renton by Ford Leasing, Sound Ford and Puget Power. Because I have been actively involved over the past nine months in obtaining agreement between the various grantors to the terms of the two referenced ease- ments, 1 believe that the amendment serves primarily to clarify what was intended by each party to the original grants. Specifically, the negotiations left ne no doubt that 1) the grantors intended that future const.uction of buildings over the easement area would be a use inconsistent with the right of the City to construct, reconstruct, maintain, remove or relocate a waterline in the easement area; 2) the grantors did not intend to avoid the customary charges for materials (meters) or services (connection charge) imposed by the City incident to a tap into the waterline; 3) Puget Power did not intend to reserve any arbitrary or un- reasonable rights to require the relocation of the INTEROFFICE MEMO 9 T0: Mr. Warren Gonnason DATE: Ju:iy 25 , 1974 I : FRON: Gerard M. Shellan s SUBJECT: Ford Leasing Development et al Dear Warren: Pursuant to our meeting wi-n Mr. Jack Pearce of the Ford Leasing Development Company on July 23, I received from him last night the enclosed letter and amendment. It would appear that the amerdment conforms with the ural understanding that we had reached at said meeting. Would you and Ron therefore check over the enclosures to be sure they meet with your full approval and then advise me immediately. I shall then contact Mr. Pearce so that he may forward Loth the easements and the amendment to your office for execution by the Mayor, d the City Clerk. We remain, Gerar hella GMS:ds Enc. cc: Ron Olson (with copy) Y,. 3; '� 1 T0: V. Lee DATE. ___ V. TeGantvoort J. Williams D. Hamlin R. Nelson D. Houghton Shari T. Touma Other FROM: Warren G ason SUBJECT: 1 Review a.id report back. See me. Route and return. Prepare response ?or my signature. Take appropriate action. Prepare special report. Set up meeting. For your information. _ File REMARKS: t 1 .p a • di d STATE OF 1 COUNTY OF' On this day of 1974, before me, the undersigned, a Notary Public in ara3-for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the 01 SOUND FORD, INC. the corporation that executed the 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 is authorized to execute the sa+.d instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary y Publ c in and for the State of , residing at STATE OF ) $a. COJNTY OF ] On this day of 1974, before me, the undersigned, a Notary Public inand f.or the State of Washington, duly commissioned and sworn, personally appeared to me known to be the o CITY-k-RENTON the corporation that executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for the State of residing at� w -4- } r y E CITY OF RENTON ^' -" By t STATE OF COUNTY OF s a. i # On this d,:, of , 1974 , 4 ° before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be •he Of FORD LEASING DEVELOPMENT COMPANY the corporat on that executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and for the State of , residing at STATE OF ] ] ss. COUNTY OF ] On this day of 1974, before me, the undersl ned, a Notiry Pu is i a d for the State of Washington, duly commissioned and sworn, personally appeared , to me known to he the of PUGET SOUND POWER AND LIGHT COMPANY t e corporation that executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and cfficial seal affixed the day and year first above written. i Notary Public in and for the . tatc y of residing at l4 -3- i hereby agree to grant, without additional consideration therefore, and ❑pon the same terms and conditions as con- tained in this casement, a new easement ten (10) feet in width, five (5) feet on hither side of the altered and relocated waterline, whereupon this easement as tc .hat portion of the Easement Area from which the waterline is altered and/or relocated shall be extinguished. 4 . Section 10 shall be amended in its entirety to read as follows: "In the event Grantee ceaaes to use a waterline within the Easement Area continuously for a period of six months or more as part of its water system, this easement and the rights granted hereunder shall terminate, without the necessity of further documentation, as to such portion of the Easement Area within which the unused line may be situated; however, such extinguishment shall not occur until 30 days following the giving of written notice by the owner of the servient estate to the City of Renton setting forth the state of facts as causes the expiration. IN WITNESS WHEREOF, the parties hereto have executed this Amendment of Easement, or caused it to be executed on their behalf as of this 31st day of July, 1974. - FORD LEASING DEVELOPMENT COMPANY In presence of: F By - SOUND FORD, INC. By PUGET :;OUND POWER AND LIGHT COMPANY -- By -2- 1 '� AMENDMENT OF EASEMENT FOR WATERLINE THIS AMENDMENT OF EASEMENT FOR WATERLINE; W I T N E S S E T H WHEREAS, by instrument dated June 12, 1974 , FORD LEASINC DE-VELOPMENT COMPANY, SOUND FORD, INC. , AND PUGET SOUND POWER AND LIGHT COMPANY granted to the CITY OF RENTON a certain easement for waterline; and V REAS, the parties desire to amend such easement in certain respects. NOW THEREFORE, the parties hereto, intending to Le bound, hereby agree that the easement shall be and hereby is amended as follows : 1. The first sentence of Section 1 shall be amended by the addition of the following: ", but Grantors shall not erect or maintain any buildings on the surface of the easement area. " 2. Section 7 shall be amended by changing the period at the end of the second sentence to a comma, and adding the following: "except for the customary meter and/or connection charge imposed by the City of Renton 3. Section 9 shall be amended by deleting the second sentence thereof and substituting the following: "If Puget in its sole reasonable judgment deems that the Easement Area so situated or the wa rline installed therein un- reasonably interferes with or creates a hazard in connection with Puget's present or future exercise of such rights, Grantee shall, at its sole cost, alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interference or hazard, and Grantors Gerard M. Shellan, Esq. Re: Easements July 24, 1974 - Page Two waterline where it runs through their operating property; and 4) the intent of the extinguishment provision was merely to remove the encumbrance on the land without the requirement of further documentation if the City determined to discontinue its waterline use. Assuming the amendment meets with your approval, we will proceed to have it executed by Ford Leasing, Sound Ford and Puget Power and delivered to you no later than Monday, July 29, 1974. We request that for the reasons I outlined yesterday, the City execute both Easements for Waterline and the Amendment and deliver copies thereof to Mr. Donald A. Schmechel of Davis, Wright, Todd, Riese 6 Jones on or before Wednesday, July 31, 1974 . Thereafter, we will proceed to use our best efforts to have a second identical amend- ment executed by the Diambris, Renton Dodge and Securities Industries and delivered to the City. Thank you for your cooperation on this matter. Very truly yours, FORD LEASING DEVELOPMENT COMPANY By J. J. PEARCE, Jr. M f L. :#YN i r , July 2.4 , 1974 Gerard M. Shellan, Eiq. City Attorney City of Renton Post Office Box 626 100 Second Avenue Building Renton, Washington 98055 -. Re: Easements for Waterline one granted by Ford Leasing Development Company, Sound Ford, Inc. and Puget Sound Power and Light Company, and the other granted by Victor and Marie Di.ambri, Renton Dodge, Inc. and Securities Industries, Inc. , to the City of Renton. Dear Mr. Shellan: In accordance with the discussions between us held yesterday at your offices and in which Mr. Warren Gonnason and tor. Ron Olson of the City participated, we herewith submit a proposed amendment to the Easement for Waterline granted to the City of Renton by Ford .'.easing, Sound Ford and Puget Power. Because I have been actively involved over the past nine months in obtaining agreement between the various grantors to the terms of the two referenced ease- ments, I believe that the amendment serveF primarily to clarify what was intended by each party to the original grants. Specifically, the negotiations ].eft me no do,.bt that 1) the grantors intended that future cons•:ruction of buildings over the easement area would be a use inconsistent with the right of the City to construct, reconstruct, maintain, remove or relocate a waterline in the easement area; 2) the grantors did not intend to avoid the customary charges for materials (meters) or services (connection charge) imposed by the City incident to a tap into the waterline; 3) Puget Power did not intend to reserve any arbitrary or un- reasonable rights to require the relocation of the 1 f E�Yc, INTEROFFICE MEMO TO: Roa Olson DATE: May 6 , 1974 Public Works Department FROM: Gerard M. Shellan, City Attorney SUBJECT: Proposed Watermain Easement (Ltr to Victor Diambri) Dear Ron: We are returning to you herewith your proposed letter to Mr. Diambri. As mentioned to you over the telephone, we would suggest tnat you add the following at the end of paragraph one "said water line must be City owned". We would also suggest that the easement be completely filled out before it is submitted to Mr. Diambri. If he is still reluctant, maybe you should arrange a meeting with him and h:.s attorney and I shall be glad to attend in the hope of resolving this matter. We rN ,Hain Very truly yours, Gerard M. Shellan GMS:bjm Enc. Ltr, Easement 6 Ord 1 " I w.:µr t �� �4 Mr. Ron Olson Page 3 July 8, 1974 whether such waterline interferes with or creates a hazard in connection with Puget's existing service lines. If, as Jack Pierce indicated over the phone, Puget is concerned about possibly undergrounding their lines in the future, then it would seem that we dnuld indicate that "in the event Puget determines hereafter to provide for the underground con- version of its existing overhead lines and such tndergrounding would interfere with said waterline easement, then. . . " In such cases the City would relocate the line initially at its expense, t,ut then charge the cost thereof to the ultimate iser, namely, Puget Western. Likewise this paragraph should also provide that in case a contingency with Puget arises, then Puget will "give , grant, transfer and convey"unto the City a similar easement for waterline purposes at a suitable location, acceptable to the City, so as to re- establish proper service to the property south of Grady Way. Such relocated easement shall be without cost to the City. 1 F. Paragraph 10 should also be reworded to clarify that the extinguishment of the easement shall occur in ' the event that "saiQ line is abandoned by Grantee or Grantee ceases/ Qe said line continuously for a period of six months or more"; however, prior to any such extinguishment Grantor will give written notice thereof unto Grantee. As discussed with Mr. Pierce, it might be acceptable to incorporate y the above changes by means of an addendum to the documents submitted by Grantor. Plr:ase let me have your thoughts on this matter as quiddy as possible. We remain Yours very truly, Berard M. Shellan GMS:nd City Attorney ' >'k' Mr. Ron Olson Page 2 July 8, 1974 ?S:w: C. Paragraph 6 app :ars to be drawn very tightly in favor of Grantor: Subsections (b) and (c) appear to be acceptable but as to subsectiors (a) and (d) it would be much simpler if Grantors, by means of the customary wording in a quit claim deed, would "convey, transfer, assign and quit claim" unto the City their interest in the following described property. D. Paragraph 7 will likewise have to be modified so that at the end of the first sentence thereof the following be added: "subject to the laws and ordinances of the City of Renton and the charges imposed by such Ordinances as to all users similarly situated." The second sentence of paragr4h 7 should be deleted. As I explained to Jack Pierce over the telephone, the City has certain fixed charges (they are not acreage charges) for the installation, labor and material, for meters to tap on to existing lines. According to Ron Olson they are $200.00 for a 3/4" line and in case of a larger line, it is based on the actual cost of labor and material to the City, The City is in no position to exempt the Grantors P from these charges. E. I am somewhat concerned about paragraph 9 regarding Puget Power's reservation. As to that portion of the waterline easement, it has not as yet been installed but will be done for the purpose, among others, to provide appropriate service to Puget Western's property south of Grady hay. The City, in our opinion, should not accept the present wording since it places sole dLcret16n within Riget to determi.ae .4 r #i Al Y�ry 1 F ,. I yOFA ,, ` J v I' GY`FICF,U}•Til6(`ITY ATTOHNBY • HE\TO N. WASHI GTON 1 N POST OFFICE SOX 626, 100]ND AVEM UE SO'LOIMG. PENTON. WASHING rOM 9P034 ALPINE S,NFS Op (p L1PP6P0 Y. EM[LUM, nTv At FOPMEY P POWN r.PAIN, FM.,ASSISrAMT I'll AIIOPMEV SEPIC00. July B, 1974 Mr. Ron Olson Utilities Department City Hall Renton,Washington Re: Water line Easement, ETc, re Sound Ford, Inc. , Puget Power, Victor Diambri, et al Dear Ron: This is n the abovecaptionedematterratewhich timeu you eting on jly eha1974nded to usExhibits "A" and "B" constituting proposed easement for water- lines by the above captioned parties, We had previously discussed this matter in our office on May 1, 1974, when you and a representative of the Fire Department indicates the then existing problem. While you were in our office today, we also talked, long distance, to Mr. Jack Pierce, who represents the Ford Leasing Company, As per our agreement, copies of this Memo are being sent t) Mr. Pierce as well as his Seattle counsel, Mr, Don Schmechel. You invited our comments regarding tle proposed document. They are as follows: A. We presume, first of all, that a correctly described easement area will be attached to any document to identify the grant to the City. B. Paragraph 1 should be modified so at the end of the first sentence thereof, the following should be added: "but Grantors shall not erect or maintain any permanent improvements or structures on the surface of the easement area." We also assume that there are no present encroachments withir. the — semer.t area so the aeeond sentence of paragraph 1 may actually be superfluous. r DATF Trl: V. Lee J. Williams D. Hamlin V. Ham'inTeGantvoort , R. Nelson _ Shari _ O. Houghton T. Touma Other FROM: Warren on SUBJECT: Review and report back. See me. o d tu �prut:r:nre;eon;n'for my signature. _ ake appropriate action. Prepare special report. Set up meeting. For your information. `_ f11e z WMARKS: CI r I i. THEt CITY OF RENTON x '"ie ' o MUNICIPAL BUILDING 200 MILL AVE SO MENTON,WASH 98055 rf lily.. M1 oD �� �„ b AVERr GaftaEri, MAYOR • PUBLIC WORKS DEPARTMENT 4 P Warren C Gonnason. Director O,P4rED SE P{E0'e May 2, 19/4 Mr. Victor Diambri 1615 Shattuck Avenue S. Renton, Washington 98055 RE: Proposed Watermain Easement located on your Property as noted in King County Assessor's Quarter Section Map NE 1/4, 19-23-5, Tax Lot 053 and Tax Lot 855. (Toyota Property) Dear Mr. Diambri: Much discussion has taken place over the proposed watermain easement to be granted to the City of Renton for the maintenance of said existing water line. This main was allowed to be constructed and connected to the existing watermain system ty Toyota of Renton, Inc. on the basis that an easement and Bill of Sale would be granted the City upon completion of said installation. Neither the easement nor the Bill of Sale has been granted the City as of this date. It has been deter- mined by the City that this water main shall be a portion of a looped water main system and it is necessary that the terms for the original instdllation of said main be met at this time. Said water line must be City owned. Enclosed is an easement for your exeLution granting a water main easement over the Southerly 10 feet of your p' •rty for the aforestated reasons. If for any reasons you feel the watermain east . or Bill of Sale cannot be granted, the City has no other course of action but to start condemnation proceedings. Alternately, it should also be understood that the City at its option can disconnect said water main at both ends where it is presently connected to the City system. This leaves your existing unoccupied building in violation of the present City code (attached herewith), which requires a hydrant to be located within 165 feet of any commercial building. Before occupancy will be allowed in your present unoccupied building a fire hydrant, as well as any associated water mains, will have to be installed, If the easement is granted, the hydrant located on the proposed easement meets the existing hydrant requirements. If you have any questions on the above requests, please contact this office. Yours very truly, RLD:mj Warren C. Gonnason, P.E. Enc. Public Works Director Approved Ge— ra�d�M. Sherman, Ci y Attorney fINDIA:Is son,fa feller b,Molies,as Whe,Ase PLEASE FURNISH SERVICE(S) INDICATED BY CREAKED BLOCKS) ' � Show to whom,date and address Deliver ONLY I where delivered ❑ to add eseN RECEIPT leselaalfDe sawbares nfisie desedbedbaler [Gi,llYa,d. i14M1YAE DR IlerL Of A01001 /S[/[/1Ne6,l1 W,up W(JIN hl GL2 LY K� «IIYY.�� sial/uDt or ADDs[sae s A lwi, Ir u+i--' [ Ad. All Dl4VLALD Will NpEAG atUYLA4a l4MY a'r.yesM,1.W I�e[wli 7TlY INTEROFFICE MEMO TO: Ron Olson DATE: May E , 1994 Public Works Department FROM: Gerard M. Shellan, City Attorney SUBJECT: Proposed Watermain Easement (Ltr to Victor Diambri) Dear Ron: We are returning to you herewith your proposed letter to Mr. Diambri. As mentioned to you over the telephone, we would suggest that you add the following at the end of paragraph one "said water line must be City owned". We would also suggest that the easement be completely filled out before it is submitted to Mr. Diambri . If he is still reluctant, maybe you should arrange a meeting with him and his attorney and I shall be glad to attend in the hope of resolving this matter. I We remain Very truly yours; Gerard, M. Shellan GMS:bjm Enc. Ltr, Easement E Ord I y. fEMpIR:H Nbr..de E! Whem EUBNISN IAddubnr:ee., EDKEDShow to whom,date and addre)s Deliver ONLY dellverod to•ddr ONLY REC�EIAT Maieed/ee ee�Mn eMWe lese11"416 hw 11(alfitKn'dp;---.--,I -&E5TAp0elSleE 1 dose^pJ^M///p��l4�t�iw) 1 ^ Imou f r, 1 r �. D}YLISR[D 7NfiN N'�[l1YLI1tD 1�4:.Vrw�tilikW��l� lops sPOP 11110- Mr. Ron Olson Page 3 July 8, 1974 whether such waterline interferes with or creates a hazard in connection with Puget's existing service lines. If, rce indicated over the phone, Puget is concerned about possibly undergrounding their lines in the future, then it would seem that we dould indicate that "in the event Puget determines hereafter to provide for the underground con- version of its existing overhead lines and such undergrounding would interfere with said waterline easement, then. . ." In such cases the City relocate the line initially at its expense, but then charge the cost thereof to the ultimate user, namely, Puget Western. Likewise this para;raph should also provide that in case a contingency with Puget arises, then Puget will "give, grant, tran;fer and convey"unto the City asimilar easement for waterline purposesat so a suable lr,cation, acceptable to the City , asto re- south establish proper service to the property of Grady Way. Such relocated easement shall to without cost to the City- F. Paragraph 10 should also be reworded to clarify that the extinguishment of the easement shall occur in the event that "sa i line is abandoned Y for a however, p or Grantee ceases/ Se said line continuou-ior to any period of six months or more"; such extinguishment Grantor will give written notice thereof unto Grantee. As discussed with Mr. Pierce, it might be acceptable me incorporate the above changes by means of an addendum to the documents submitted by Grantor. ossibls Please let me have your thoughts on this matter as q uidily as p We remain Yours very truly, Berard M. Shellan/ City Attorney jj = GMS:nd 1 ' oil .._..__ Mr. Ron Olt.on Page 2 July 6, 1974 C. Paragraph 6 appears to be drawn very tightly in favor of Grantor! Subsections (b) and (c) appear to be acceptable but as to subsectiors (a) and (d) it would be much simpler if Grantors, by means of the customary wording in a quit claim deed, would "convey, transfer, assign and quit claim" unto the City their interest in the following described property. D. Paragraph 7 will likewise have to be modified so that at the end of the first sentence thereof the following be added: "subject to the laws and ordinances of the City of Renton and the charges imposed by such Ordinances as to all users similarly situated. " The second sentence of paragr4h 7 should be deleted. As I explain-d to Jack Pierce over the telephone, the City has certain fixed charges (they are not screage charges) for the installation, labor and material, for meters to tap on to existing lines. According to Ron Olson they are $200.00 for a 3/4" line and in case of a larger line, it is based on the actual cost of labor and material to the City. The City is in no position to exempt the Grantors from these charges. E. I am somewhat concerned about paragraph 9 regarding Puget Power's reservation. As to that portion of the waterline easement, it has no. •As yet been installed but will be done for the purpose, among others, to provide appropriate service to Puget Western's property south of Grady Way. The City, in our opinion, should not accept the present wording since it places sols discretion witiin Riget to determine y WY Y4M�CW m u sRR�WMM x}r Off' f��•,t,. OPF'ICC: O X 626. M:f`IT\' ATTURVN.Y • NHITON,N'ALi UPINE 6 O78 PoST OFFICE BO• •_�� 100 2N0•VENUt IWl01NG. MfNTON.WSNIN010N 9106f •V�Nf 5 1Ut �. 6LAAOC M. {HALL". CITY ATTOIINfY a p I"N U.FAIN. in.. ASSISTANT CITY ATTONNfYhPLI July 9, 19%4 RATED SE P'TE� Mr. Ron Olson 'f 197# Utilities Department �Wc"C City Hall CIT or,NTpt Renton,Washington Re: WatEr line Easement, ETc. re d, Sound Ford, Inc. , Puget Power, > ' Victor Diambri, et al 1, ly Dear Ron: This is in pursuance of our meeting on July 8 , 1974 regarding the above captioned matter at which time you handed to us Exhibits "A" and ,B,, constituting proposed easement for water- lines by the above captioned parties. We had previously discussed this matter in our office on May 1, 1974, when you and a representative of the Fire Department indicated the then existing problem. While You were in our office today, we also talked, long distance, to Mr. Jack Pierce, who represents the "ord Lea_ing Com, any. As per our agreement, copies of this Memo are being sent b Mr. Pierce as well as his Seattle counsel, Mr. Don Schmechel. You invited our comments regarding tie proposed document. They are as follows: A. We presume, first of all, that a correctly described easement area will be attached to any document to identify the grant to the City. B. Paragraph 1 should be modified so at the end of the first sentence thereof, the following should be added: "but Grantors shall not erect or maintain any permanent improvements or structures on the surface of the easement area." We also assume that them are no present encroachments within the easement area so the second sentence of paragraph 1 may actually be superfluous. r 9 d f ro- , h 4 ' .. J 1 �Y STATE OF ] ] ss . COUNTY OF ] {r` On this day of 1974 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of SOUND FORD, INC. Cl�ie corporation that executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. :'WITNESS my hand and official seal affixed the day and year first above written. a Notary Public in and for the State of residing at STATE OF ] II r ss. COUNTY OF ] III On this day of 1974 , before me, the undersigned, a Notary Publicin end for the ,tate of. Washington, duly commissioned and sworn, personally appeared , to me known to be the of CITY OF RENTON the corporation that executed the 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 is authorized to execute the said instrument and that the seal affixed is the corporate seal of saic corporation. WITNESS my hand and official seal affixed the day and year first above written. Notary Public in and orb of , residing at _4_ f T u t; �y i. THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE SO. RENTON.WASH.980b5 �y b AVERYGARRETI, MAYOR 0 PUBLIC WORKS DEPARTMENT Q' Warren C Gonn.lson. Director 7fFD SEP/E December 20, 1973 Mr. Fehnel C/o Fennel s Aax xiates Contractors 300 120th Ave. N.E. Building 111, Suite 230 Bellevue, Washington 98005 Po: SoUr4 Ford Dear Mr. Fehnel: ±; In the fall of 1968 Robinsor s Lyon building was constructed. Central Puget Construction Company was the contractor and they installed a fire hydrant in front of the building with an installation of approximately 110' of 6" C.I. pipe enclosed in a 16" DO Steel casing across Rainier Ave. Subsequently a permit was granted for the construction of the building. 't Following the occupancy of kobinson Lynn Ford it is my understanding that the Central Puget Construction Company went bankrupt. A bill of sale for this installation was never issued the City of Renton. The next construction in and around the Robinson s Lyon property was for the Toyota dealership which was on the same property awned by a " Victor Diambri. At that time a bill of sale was requested on the original installation and it was never received. 'rhe construction for the Toyota property was the installation of a water line that extendea off of the 8" fire line to the north of Robinson a Lyon property thence east along the property line between Toyota and Robinson & Lyon thence pro•^eded south in front of the Toyota m..intenance building and stopped approximately 200' before intersecting Grady Way. one hydrant was installed between the Toyota sales building and Roii.nson as Lyon Building. At this time easements were requested from Robinson s Lyon which was affliated with Toyota. An easument was granted by Robinson s Lyon who leased the property. Also, requested at that time was a bill of sale to transfer the water main installation ever to the City for maintenance. The bill of sale was never transferred. Upon the faiiure of Robinson a Lyon the City received a letter from ♦�T, f''•� " ✓,L*ri�i ueE�l. t r +P r� ^,�atrwl v. Or' tt , Page 2 `H'w Y December 20, 1973 Victor Diambri stating that the easement was terminated for the water line. In and around September 12, 1973 the City of Renton informed Mr. Dianbri that if a permanent easement was not issued and a bill of sale was trans- ferred that the City would have W cut off the main and have the hydrants rem ved. No response has been received with regard W this matter. It is my understanding that Sound Ford is now taking over the Robinson 6 Lyon building and would like to construct a new sales shed south of the ,€t existingbuilding. Before the Renton. Utilities tk y g. parbsent will okay the construction pe.mit there are certain requirements that will have to be i; a made. They are as follows; 1. A bill of sale to the City of Renton for the original water main insta- 1' lion across Rainier Ave. will have to be submitted. 2. Permanent easements for the water main which served the Toyota property will bave to be transmitted to the City. 3. A bill of sale transferring this water main installation will have to take place also. 4. The City of Renton ordinance requires that a hydrant be installed within 165' of any business structure, This requirement will have to be met. The City has a preliminary plan showing the location of amain installs- j. <+ �y F tion which will accomplish this requirement. ` A fins: construction plan will also have to be submitted to the City for approval on this installation. d F tlP K Upon completion of this installation the proper easements and a bill of sale will have to be executed in favor of the City of Renton. If you have any questions with regard to any of these requirements or need assistance in the execution of same, please contact this of"ice. k. - r Very truly yours, Richard C. Houghton Ut�ili/tJies/ Engineer Ronald L. Olsen Office Engineer, Utilities RW;Iap *, t � n '+lw ti K Y ` I � I rr n TIIE CITY OF RFNTON n m MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH. 9B055 p b AVERY GARRETT,MAYOR PUBLIC WORKS DEPARTMENT i 0 Warren C Gonnnson. Dur:Ior 4rF0 SEP1E L'acember 20, 1973 � b Mr. Fehnel C/o Fehnel a Associates Contractors 300 120th Ave. N.E. Building sr 1., Suite 230 Bellevue, Washington 98005 Re: Soun(I Ford Dear Mr. Fehnel: y trig In the fall of 1968 Robinson 6 Lyon building was constructed. Central Puget Construction Company was the contractor and they installed a fire hydrant in front of the building with an installation of approximately 110, of 8" C.I. pipe enclosed in a 16" OD Ste.::l casing across Rainier Ave. t Subsequently a permit was granted for the construction of the building. _ Following the occupancy of Robinson s Lyon Ford it is my understanding 'I that the Central Puget Construction Company went bankrupt. A bill of sale for this installation was never issued the City of Benton. The next construction in and around the Robinson a Lyon property was fur the Toyota dealership which was rn the same property -wned by a Victor Diambri. At that time a bill of sale was requested on the original installation and it was never received. The construction for the Toyota property was the installation of a water line that extended off of the 8" fire line to the north of Robinson & Lyon property thence east along the property line between Toyota and Robinson s Lyon thence proceeded south in front of the Toyota maintenance building and stol.ped approximately 200- before intersecting Grady Way. One hydrant was installed between the Toyota sales building and Robinson & Lyon Building. At this time easements were requested from Robinson s Lyon which was affiliated with Toyota. An easement was granted by kebinson o Lyon who leaned the property. Also, requested at that time was a bill of sale to transfer the water main installation over to the City for maintenance. The bill of tale was never transferred. Upon the failure of Robinson s Lyon the City received a letter from '4 1 t . ` �F9YN .v Page 2 '•1"� December 20, 1973 Victor Diambri stating that the easement was terminated for the water line. In and around September 12, 1973 the City of Renton informed Mr. Diambri that if a permanent easement was not issued and a bill of sale was trans- ferred that the City would have to cut off the main and have the hydrants removed. No response has been received with regard to this matter. 1; It is my understanding that Sound Ford is now taking over the Robinson Lyon building and would like to construct a new sales shed south of the existing building. Before the Renton Utilities Department will okay the construction permit there are certain requirements that will have to be « ' made. They are as follows: " 1. A bill of sale to the City of Renton for the original water main insta- llation across Rainier Ave. will have to be submitted. 2. Permanent easements for the water main which served the Toyota property will rave to be transmitted to the City. 3. A bill of sale transferring this water main installation will have to take place also. 4. The City of Renton ordinance requires that a hydrant be installed within 165' of any business structure. This requirement will have to be met. The City has a preliminary plan showing the location of a main installs- tion which will accomplish this requirement. q A final construction plan will also have to be submitted to the City for approval on this installation. Upon completion of this installation the proper easements and a bill of sale will have to be executed in favor of the City of Renton. If you have any questions with regard to any of these requirements or need assist..nce in the execution of same, please contact this office. Very tr+,ly yours, Richer Houghton Ut111ti,., Engineer �jp a Ronald L. Olsen office Engineer, Utilities I 1 u I {Hi'd .pdek'diY➢Y'ii'4L°,... .{4.4 . .kR {T a .�vv�� k x:. Tt C A4 4 ' 1 , TIIE CITY OF RENTON ,. tiMUNICIPAL BUILDING 200 MILL AVE SO. RENTON,WASH.98055 y b AVERV GARRET T, MAYOR 0 PUBLIC WORKS DEPARTMENT 09 �? Warren L Gonnason. Director �lFD SE PTE� December 20, 1973 tr' Mr. Fehnel I � c/o Fehnel 6 Associates Contractors 3r 300 120th Ave. N.E. Building N1, Suite 230 Bellevue, Washington 98005 7 Re: Sound Ford `+"* "s! K 'r Dear Mr. Fehnel: 4 '> i In the fall of 1968 Robinson & Lyon building was constructed. Central 4'tllr Puget Construction Company was the contractor and they installed a fire ,4 hydrant in front of the building with an installation of approximatelyt ". a= 110' of 8" C.I. pipe enclosed in a 16" OD Steal casing across Rainier Ave. Subsequently a permit was granted for the construction of the building. Following the occupancy of Robinson s Lyon Ford it is my understanding " that the Central Puget Construction Company went bankrupt. A bill of sale for this installation was never issued the City of Renton. } The next construction in and around the Robinson s Lyon property was for _ the Toyota dealership which was on the same property owned by a Victor DLambri. At that time a bill of sale was requested on the original installation and it was never received. The construction for the Toyota property was the installation of a water line that extended off of the 8" fire line to the r,orth of Robinson s Lyon property thence east along the property line between Toyota and Robinson s Lyon thence proceedei south in front of the Toyota maintenance building and stopped approximately 200' before intersecting Grady Way. One hydrant was installed between the Toyota sales building and Robinson s Lyon Building. At this time easements were requested from Robinson & Lyon which was affliatod with Toyota. An casement was granted by Robinson a Lyon who leased the property. Also, requested at that time was a bill of sale to transfer the water main installation over to the City for maintenance. The bill of sale was never transferred. upon the failcre of Robinson s Lyon the City received a letter front �- i4 L r .4+•hy. 16I.. 32 T WU TXa SEA. WU AGENCY RN TN 5/-827 WILL CALLLL WESTERN UNION 5EB232C1653)( 1 -03262NC3L5)PD 12/21/73 1649 TLX FORD LMGO DRBN ZCZC 6 DEARBORN MICHIGAN 12-21 -73 PMS R. L. OLSON UTILITY ENFINEERING DEPT. CITY OF RENTON CITY MUNICIPAL BU LLING 290 MILL AVENUE SOUTH RENTON WASHINGTON 98055 BEFERENCF:...ROBINSON-LYON FORD FACILITY RENTON WASHINGTON PZR OUR TELEPHONE CONVERSATION OF TODAY/5 DATE THIS WILL CONFIRM OUR ACKNOWLEDGEMENT OF THE OUTSTANDING PROBLEMS WHICH hEMAIN WITH THE ON-SITE FIRE PROTECTION LINE AT THIS LOCATION. WE ARE WILLING TO CUIT CLAIM DEED OUR RIGHTS 7U ANY PORTION OF THIS FIFE LINE WHICH WE OWN. IN ADDITION WE WILL ENDEAVOR TO SECURE FROM MR VICTOR DIAMBRI THE NECESSARY EASEMENTS FOR THIS 1.1�E WHICH ARE BEYOND OUR PROPERTY. WE ARE WILLING TO GRANT £ASF.KENTS FOR THIS LINE WITHIN THE LIMITS OF OUR PROPERTY. WE UNDERSTAND THE CITY/S DE,SIRE 1'D COIN THIS FIRE LINE IN A "LOOP ➢AITERN". WE WOULD BE WILLING TO ISSUE A CHECK TO THE CITY OF RENTON FOR APPROXIMATELY k01d0 ULhS. TO COVER THE COSTS ��✓ OF MATERIALS FOR THIS LINE IF THE CITY WOULD PROVIDE THE COST AND FORCES FOR DESIGN ENGINEERING AND INSTALLATION. FORD MARKETING COMP C L MUNRO DEALERSHIP REAL ESTATE OFC 3006 SCHAEFER RD. NNNN WWU TXA SEA. 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Iw::R. �t • ' 1 . wj' µal ^Ii1i1111•,f Ull ilia[t1111 } ItoN t1 t1I1Nl • a . f illIgIII NIM�NH1111ti NIOttlNI IIa1 IINI/IIIIaII IIIKull" 1Nt1tiN111Y111M qIN iu1 1 N ItHI IN/IIIIII IINUNt11N.i1N. IINI IIM1NNMnnon. 1n niln Nlo-Nuu Olt Ilf,l NIII uN nunu,..N WYmnnnllM.M..........N.MI.L,I W.N.NU ur. ♦IX N 1 X. Y.•M.Xwl.wounpw ...r ..un.Mnlw.XNY { NI11111Y11„IIN,..,.1NnMIN.N1I1.11,1NINt I1N111,N.1...IMN81NINNa NNU..II1t Hf.tIUYlN1101..,.. 'M h I dHINGTON 3UtYEY1NG AND aATJM 6UR"U ]EATTLL WA HINGTON pt, i1 y, Mr. Ron Olsen January 9, 1974 ' Public Works - City of Renton Renton, Washington therefore recommend installing pipe to eliminate dead end ru:.s, irre- spective of the quantity of water immediately available. Frankly, the area in question (Ford Agency) would not benefit from an increase in water available, because the system is strong in that area of Renton. They would benefit in the long run by a tie line running past, or through their complex to tie into another location in the water system. Valves at both ends of this tie line would benefit all risks along this line by providing a. feed from either or both directions. This would become important in case the feeder line along Painier Avenue South were closed off for some reason. Water could be re-routed back into the agency c. flex. If we can be of any further help, or clarification, please let us know. Very[ truly yours, R.R. Sinsel RRS:dj Public Fire Protection Dept. i iva:r - rl �.dl`9iY'ellFa• . . FIRE INSURANCE AND APPURTENANT COVERAGES •x o ' DeIANCH OFFiCC[ L . l[ON.IIO •�...♦ [u:l O n u [IORAN[ sx el•w 000[LDD .Ox:xei x..lYe• . O •O. •• L 1."cc C x,.r rVKC rxW 6,.:0u.W:x.Y . cDnnnD.n SEATTLE, WASHINGTON 98111 •....."....... ex:.r ewc:w.Y TACO NA • .VN[lD0 C. ..°. January 9, 1974 ...w .x.x.Y. Mr. Ron Olsen Public Works - City of Renton 260 Mill Avenue South Renton, Washington 98055 Dear Mr. Olsen: This is in reply to your inquiry concerning the best possible grading of a water system under the Grading Schedule. As you know, deficiency points are assigned whenever conditions deviate from standards. The standards applied under the Schedule are basically those of the American Water Works Association. Deficiency points are assigned per the following: 1. For dead end waterline, 6-inch and smaller in size, 2. Hydrant distribution is below defined area sizes. That is, spacing is wider than stated for a given gal.-per-minute required fire flow. For example, where the fire flow is 4,000-gpm, hydrants should he installed to protect an area not in access of 90,000 sq.ft. This area of coverage will vary, depending on the quantity of water need- ed to fight structural fires. Also in this regard, although hydrant distribution may or may not he excessive throughout a municipality, hydrants must he located within given distances from the building being insured to receive reduced fire insurance rates. We under- stand the City of Renton Ordinance defines these distances. As far as we know, they are well within the distance needed for fire insur- ance buying purposes. The basic factor in hydrant distribution is to provide water for fire protection. A hydrant has no value without water. This is why small pipe, system reliability and dead ends are considered under a grading. The most satisfactory supplies are achieved by larger pipe, cross-con- nected to form a gridiron which, through proper valving, can assure water being available, except :nder the most unusual conditions. We ..raiaua. .a41[e6...: -___v.:_ _.-__..__.._�___'-. a•... ...- . - .:er�T..re[s. r:..m.0 a.w Y.......__�»Y.� '-.__..._+�'_ __.._. .�.W., 'lay ?, 1974 ►h. Victor 0lambri 1515 Shattuck Aventx S. Renton. Washington 98055 RE: Proposed Slate 1" y,1ng CountvrAssessora�nt located Tax Lot /53 and Quarter Section On uma Property a1 noted lax Lot #55. (Tovots Property) P 1/{, ig.:ear Mr. G1a�r1: 23-5, 'Wch discussion has taken oeh1lCft or theCe over the ;.roposed watermain grantcard to benton I maintenance of said easement to b edotheCiOn, Incfconctlre basisd Cothatte east existinggwater limal ne. a granted he existing This main all Jill of 541a hasnb ompletion of said installaa nt and Bill system by mined by the fit can granted the Cit tieftherf Seia mould be system and it f Y that this water Y as of this date, the easement nor main bF s ^"cessary Gnat "min shell be a Portion It has been deter- net At !rrfs lima, the terms for the Originaloinsteljatlwater main Enclosed 1, an easementof said Southerly 19 f for your execu!ipn You feel the watt of Your Property for the efaFtf"g a water other course of , rnatn easement or Bill e n estated main easement over the +ctfon nut to o Sale cannot beacons. If for an start cond"m,,tinn granted, the City as reasons Alternetm,'ly. it should ais0 be Proceedings. Y has ry said water roof" unders This leaves at both ends whore L00d that the City et its o (att4ched herewithjfatfng re i IS tid flsenthe Connected to Option cancan dfsConnect cderarcial building, Be1Ch quires a 9 1n violation of City system. building a 11 pCcuPanc hydrant tIII b0 located wlthlnplYrSatt City Coda installed, fire hydrant, as well ywassociated unoccupied If the as any allowed 1n your ')resent feet of an Met$ the existing hydrant�t is granted, the S water mains 1 Ydrant located will nave to be If you have an �9u ►tents. on the proposed r Y questions easement tiSa above requests, DleAse contact this office. Yours very truly. RLO:mj Inc. ran C'-ncnnason` Approved: Public Morns Director_ eralS60 an Lty' tt`or'ney r M Tr, Qr1owC MR e L NWJR0 313 - 33T-5.432-) FoRO MARKCTING CORP, OEALER$I.IIP REAL ESTATE 0FFiCE Po, L3GX 1440 DCARBoRN MIC141CAM 4R121 1 May 2, 1974 Mr. Victor Diambri 1615 Shattuck Avenue i. Renton. Washington 9805; RE: Proposed Watermain Easement located on Your Property as noted in King County Assessor's ?uarter Secti,n Map WE 1/4, 19-23-5, Trx Lot 053 and Tax Lot #55. (Toyota Property) Dear Mr. Oiambri: Much discussion has taken place over the proposed watemain easement to bi granted to the City of Renton for the maintenance of said existing water line. This main was allowed to be constructed and connected to the existing watemmain system by Toy#ta of Renton, Inc. on the basis that an easement and Dill of Sale would be oranted the City upon completion of said installation, neither t►.e easement nor the Bill of Sale has been granted the City as of this date. It has been deter- mined by the City that this water rosin shall be a portion of a looped water main system and it is necessary that the terms for the original installation of said main be met at this time. Enclosed is an easement for your execution granting a water rxfin easement over the Southerly 19 feet of your property for the aforestated reasons. If for any reasons you feel the watemain casement or Bill of Sale cannot be granted, the City has no other course of action but to start condemnation proceedings. Alternately, it should also be understood that the City at its option can disconnect said water main at both ends where is presently connected to the City system. This leaves your existing unoccupied building in vlolatior of the present City code (attached herew'th), which requires a hydrant to be located within 155 feet of any commercial building. Before occupancy will be allowed in your present unoccupied building a fire hydrant, as well as any associated water mains, will have to be installed. If the easement is granted, the hydrant located on the proposed easement meets the existing hydrant requirements. If you have any questions on the above request please contact this office. Yours very truly, RLO:m;) Marren t. aonnason, P.E. Enc. Public Works Director Approved: tirard M. Shellan,sty attorney i ♦ ty i I I I i That portion of the northwest quarter of the north- east quarter of section 19, townshi.p 23 north, range 5 east, W.M., is King County, hashingcon, described as follows ; Beginning on the north line of said section ac a 1 point which is north 89°50'24" west 2008.4 font from the northeast corner theraof; thence south 0"09'36" west 30 feet to the south line of South- east 144th Street; thence Souc:u:esteri.y alon,, said street line 177.5 feet to a point called point "A" for reference purposes; thence SOIJLhwesterl; along the northwesterly line of said southe.ist 144th Street and 92nd Place Southeast a disLance of: 270 feet to the true point of bel;inning of this do- scription; thence south 55*41' cast 110 feet along a line which would intersect a point diSL,ML south I 0109'36" west 315 feet from said point "A"; thence south 0"09 '36" c;cst to the north,,riy ,aarj,i❑ of the Northern Pacific Railcrny RighC-of-lday; tUunce south- i westerly along the Right-of-hay to thh! easterly mar- gin of Publ. State Highway No. 5; thence northeast- erly to the true point of beginning. a 1 C , f • 4 •R i M y M'. CERTIFIED 1 ASL - RETURN RECEIPT RE Uy� ESTED t., n� NOTICE OF T9MMINATION OF LP^ 12HENT ' s X: TOs T1iE CITY OF RENTON `n: � WAUR DEPARTMENT 20UO 19111 Avenue South + Renton, Washington 96055 . " Wv VA You are hereby notified that cn do Sth day of ; March, 1973, that certain Lease and Purci.aae Agroomant Y. between tho undersigned an Lessor and J. Lawreloco 2abinson and itarilya Gay Robinson, h's wife, and It. J. Lyon and Arlene X. Lyon, his wife, as Leseees, and ccverin7 Lho prerisos doe_ribed in Exhibit "A' hereto, w;;s terninated by Leasora in accordance with its Lerma and that on July 21, 1973. said lease was also rejected by tt.e Lrjooea' Trustee in Bankruptcy, T. J. Torgerron, purauart to an order of the Bankruptcy Court dated June i.l, 1973. You are farther notified that the affo_:asaid termination of lease automatically effects u termination of any and all easements or rights of way grantod by said Lassoes over, under or upon the property deseribod in Exhibit " .. " The continued use of any and all such ease- mants or rights of way granted by the forms Lac, as shall be permissive only and such use shall bs alAow--J j con- tinue only so long as the undersigned shall psrmbc. Dated thia 7th day of September, 197 . VICTOR D'AMBRI ani 6."+RZI`, DIAMBRI, Ilia wife Bys BOGLE, GATES. DOB41N, %.t%iTPIGLD L, LOIG -' (Pi:;-lip X. ...:a'.gert) Their Attorneys Attachment i 1 4 That portion of the northwest quarter of the north- east quarter of section 19, township 23 north, range 5 east, W.H. , in King County, Washington, described as follows: Beginning on the north line of said section at a point which is north 89°50'24" west 2008.4 feet from the northeast corner thereof; thence south 0"09'36" west 30 feet to the suuth line of South- east 144th Street; thence southwesterly along said street line 177.5 feet to a point called point "A" for reference purposes; thence southwesterly along the northwesterly line of said Southeast 144th Street and 92nd Place Southeast a distance of 270 feet to the true point of be inning of this do- scription; thence south 55*4 ' east 110 feet along a line which would intersect a point distant south 0'09'36" west 315 feet from said point "A"; thence south 0'09'36" west to the ccrrherly margin of the Northern Pacifi, Railway Right-af-Way; thence south- westerly along the Right-of-Way to the easterlyy mar- gin of Public State Highway No. 5; thence northeast- erly to the true point of beginning. • 7t' b � F.X!IIBIT A t �► 1 y 1„ )... CQ �"' "Y.&r .; 'i_,•. .¢r 'tick.•-3,f ., CERTIFIED MAIL - - RETURN RECEIPT REQUESTED NOTI'. OF TERMINATION OF FASEMENT TO: THE CITY OF RENTON WATER DEPARTMENT 2000 Mill Avenue South Renton, Washington 98055 You are hereby notified that on the 9th day of March, 1973, that certain Lease and Purchase Agreement between the undersigned as Lessor and J. Lawrence Robinson and Marilyn Gay Robinson, his wife, and M. J. Lyon and Arlene K. Lyon, his wife, as Lessees, and covering the premises described in Exhibit "A" hereto, was terminated by Lessors in accordance with its terms and that on July 21, 1973, said lease was also rejected by the Lessees' Trustee in Bankruptcy, T. J. Torgerson, pursuant to an order of the Bankruptcy Court dated June 11, 1973. You are further notified that the aforesaid termination of lease automatically effects a termination of any and all easements or rights of way granted by said Lessees over, under or upon the property described in Exhibit "A. " The continued use of any and all such ease- ments or rights of way granted by the former Lessees shall be permissive only and such use shall be allowed to con- tinue only so long as the undersigned shall permit. Dated this 7th day of Septeniber, 1973. VICTOR DIAMBRI and. MAR IAMBRI, his wife By: BOGLE, G , DOBRI , KAR law6 (Ph lip 1t7 &M t) Their Attorneys Attachment IN s` ?P� That portion of the northwest quarter of the north- east quarter of section 19, township 23 north, range 5 east, W.M. , in King County, Washington, described as follows : Beginning on the north line of said section at a point which is north 89*50'24" west 2008.4 feet from the northeast corner thereof; thence south 0"09'36" west 30 feet to the south line of South- east 144th Street; thence southwesterly along said street line 177.5 feet to a point called point "A" for reference purposes; thence southwesterly along the northwesterly line of said Southeast 144th Street and 92nd Place Southeast a distance of 270 feet to the true point of be .innin of this de- scription; thence south 1.10 feet along a line which would intersect a point distant south f = , 0"09'36" west 315 feet from said point "A"; thence cyxi' +� south 0"09 '36" west to the ncrtherly margin of the Northern Pacific Railway Righ:-of-Way; thence south- westerly along the Right-of-Way to the easterly mar- * f 7 gin of Public State Highwayy No thence northeast- erly to the true point of begi J9. ?, F!, n Vl M Lfi rfi4. 1 p K f EXIIIBIT A h, '4 CERTIFIED MAIL - RATURN AECEIPT_REQ. bZTTED NOTICE OF TERMINATION. UP EURM TOt THE CITY OF RENTON WATER DEPARTMENT 2000 Mill Avenue South Renton, Washington 98055 You are hereby notified that on the 9th day of March, 1973, that certain Lease and Purchase Agremoont between the undersigned as Lessor and J. Lawrence Robinson and Marilyn Gay Robinson, his wife, and M. J. Lyon and Arlene K. Lyon, his wife, as Lessees, and covering the premises described in Exhibit 'A' hereto, was terminated by Lessors in accordance with its terms and that on July 21, 1973, said lease was also rejected by the Lessees' Trustee in Bankruptcy, T. J. Torgerson, pursuant to an order of the Bankruptcy Court dated June 11, 1973. You are further notified that the aforesaid termination of lean@ automatically effects a termination of any and all essements or rights of way granted by said Lessees over, under or ipon the property described in Exhibit 'A.' The continued use of any and all such ease- ments or rights of way granted by the former Lessees shall be permissive only and such use shall be allowed to con- tinue only ac long as the undersigned shall permit. Dated this 7th day of SeptemFer, 1973. VICTOR DIAMBRI and MARIE DIAMBRI, his wife By: BOOLE, GATES, DOBRIN, WAXEFIELD ♦ LONG _ s! PHILIP K AWfGiAT _,_ (Philip K. Sweigart) Their Attorneys Attachment 1 CITY OF RENTON WATER DEPARTMENT Pressure Test B Purification Test Form ;-- PROJECT NO. VJ NAME OF PROJECT TO Yo'm OE r2t=NTOP( ( ,k,2Q f Carib CuN72AC 70 R, PRESSURE TEST TAKEN BY RON 6"EN ON M40-cr1 3 19 -72 AT A PRESSURE OF 300 PSI, FOR IS MIN. TEST ACCEPTED PURIFICATION TEST TAKEN BY ON PURIFICATION TEST RESULTS, SAMPLE 01 SAMPLE N2 SAMPLE 03 REMARKS: l Obj 14 PS 1 f W 10 n'14 y W y, i Ley CITY OF RENTON WATER DEPARTMENT Pressure Test B Purification Test Form PROJECT NO. NAME OF PROJECT PRESSURE TEST TAKEN BY ON AT A PRESSURE OF PSI, FOR MIM. TEST ACCEPTED ON PURIFICATION TEST TAKEN BY fun '(L)"L. ON MAaea eS 1I 7L PURIFICATION TEST RESULTS, SAMPLE #1 PAS"--' M p,uN 1-7 1ClI L- SAMPLE #[ SAMPLE #3 REMARKS:— 1 •4 August 2'j, 1973 Eller a Oyler Associates 2C2 Ditty Bldg. Bellevue, WA 98004 Rot Water Main FasEment - Fobison c Lyon Ford Site Gentlemen: The water main wan installed as nhwn on the attached s_icetr; botr, ever, no casepent was acquired due to internal I.roUlrr,.a -„iutin • +�?�. i.ct,isem a '.Yon. v��{^aw'•4, we request uhat at easertnt he completed and ab:jned ns a matter e2 ;* record. ) To our knowledge this is the only remaining item tlwt han not bean completed. .•-ry truly Yours, Warr!U, C. Gonneson, P.P.. i'ublic horks Director Rirhnre r. Houohtor Utilities engineer t._N„zp Attschments `6 1 NNEEMENSLU v:Sr ky P Al5 �Z7o r aopt mar 12, 1973 r' � I Mr. Victor DSembzi 1615 Esh�ttuck Ave. S. Penton, wT+ 96055 yP �8%rr3` Res Notica of Termination of Easement Daar mr. Dirmbri, ' Tr. a The City received a termination of its easement looted en your property Ly the old Robinson 6 Lyon Ttuilding. This ©aneaent was for the maintenance :,f a wate=..ain with hydrants for tl i bullding's pro- tcction. � T1,o City has not receiccd a bill, of tale on ti:is me n c ...,.r ana it , is cormcsted with a City watermain. I l ylb I£ a permenent casement carrot he given the City fe this watermain and a bill of sale ch77ing th+ legal transfer of th.s Cain for City "" '••� `•, maintenance, the City will have the mein cut off in Rainier Ave. and have tho hydrants removed. fi Your aarilcat reply to the above wetter would Lo aE.xecaatcd. It no word is received in the rext tan (10) days, the Citi will proceed vita the disconnection of a:crcmentiened watermain. very truly you_a, Warren C. Gonna,on, P.L', tublic works Direciir Richard C. 114=�iItrs: Utilities Eny1 .,:or RIO,F'mP �" act uogle, Catcs, Debris, wakofield s Sang, ALtornoy D. walls, lire chief '* A. ! r Y Page 2 December 20, 1973 Victor Diambri :-ating that the easement was terminated for the water line. In and around September 12, 1973 the City of Renton informed Mr, Dianbri that if A permanent easement was not issued and a bill of sale web trans- ferred that the City would have to cut off the main and have the hydrants removed. No response has been received with regard to this matter. It is my understanding that Sound Ford is new taking over the PDbinson s Lyon building and would like to construct a new sales shed south of the existing building. Before the Renton Utilities Department will okay the construction permit there are certain requirements that will have to be made. They are as follows: 1. A bill of sale to the City of Renton for the original water main insta- llation across Rainier Ave. will have to be submitted. ` 2. Permanent easements for the water main which served the Toyota property will .pave to be transmitted to the City. 3. A bill of sale transferring this water main installation will have to take place also. 4. 71W City of Renton ordinance requires that a hydrant be installed within 165' of any business structure. This requirement will have to be met. I The City has a preliminary plan showing the location of a main installa- tion which will accomplish this requirement. t A final construction plan will also have to be su.mitted to the City for approval on this installation. Upon completion of this installation the proper easements and a bill of sale ` will have to be executed in favor of the City of Renton. y �rt5 If you have any questions with regard to any of these requirements or need �< assistance in the execution of saes, please contact this office. " d Very truly yours. , i"0i• Richard C. Boughton Utilities Engineer W MO�V/ Oe Ronald L. Olsen Office Engineer, Utilities RM I PPP n5 x hYMNMmNIfIYu -�'- x -. •°_•3eWmRFx..R]I:.n.5 '�' , i i �a R t �v` v.4.n ti THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. MENTON,WASH 98iSb po AVERY GARRETT.MAYOR 0 PUBLIC WORMS DEPARTMENT O OnQ' Warren C.Gonnason. Director A91FD SEW, Oecomber. 20, 1973 ,. . u Mc. Fekutel c/o Fennel a Aesooiates Contractors 300 120th Ave. N.E. '-s ^ Building 01, Suite 230 , Bellevue, Washington 98005 Rea Sour4 Ford Dear Mr. Fehnel: In the fall of 1968 Robinson & Lyon building was constructed. Central Puget Construction Calpany was the contractor and they installed a fire •iZ+ . • hydrant in front of the building with an installation of approximately �+ 1101 of B" C.I. pipe enclosed in a 16" OD Steel casing across Rainier Ave. . .. Subsequantly a permit was granted for the construction of the building. Following the occupancy of Robinson & Lyon Ford it is my undoratanding +r that the Luntral Puget Construction Company went bankrupt. P-k A bill of sale fur this installation was never issued the City of Ret:tort. ",# `k;��•�},,, i ,!Ri," The next construction in and around the Robinson & Lyon Iroperty was for the Toyota dealership which was on tl.e same property owned by a Victor Diarbri. At that time a ball Gf sale was requested on the original installation and it -9 never received. The construction for the Toyota , ;> property was the in-,&. ation of a water line that extended off of the 8" fire line to the north o: Robinson & L or property thence east along 9the s�irtrT property line between Toyota and Robinson & Lyon thence proceeded south y4 - in front of the Toyota maintenance huilding and stopped approximately 200' before intersecting Grady -lay. �e'.,t a r, t I q .y 7 One hydrant was installed between the Toyota sales building and Robinson & Lyon Building. At this time easements were requested from Robinson L Lyon which was affliated with Toyota. An edas vnt was granted by RObinsan 6 Lyon - who leased the property. !i Also, requested at that time was a bill of sale to transfer the water main installation over to the City for maintenance. The bill of sale was never transferred. Upon the failure of Robinson & Lyon the City received a letter from `. 1 a� r* ` a F� f f �V 14 '4 VY k Dec•a ber 20, 1973 Victor Diambri stating that the a ,.went was terminated for the water line. In and around September 12, 1973 the City of Renton informed Mx. Cianbri that if a permanent easement was not issued and a bill of sale was trans- ferred that the City would have to cut off the main and have the hydrants 'tom removed. No response has bsen received with regard to this matter. It is my understanding that Sound Ford is now taking over the Robinson Lyon building and would like to construct a new sales shed south of the existing building. Before the Renton Utilities Department will okay the construction permit there are certain requirements that will have to be made. They are as follows: 1. A bill of sale to the City of Renton for the original water main insta- llation across Rainier Ave. will have to be submitted. 2. Permanent easements for the water main which served the Toyota property �tiryr ; will jeave to be transmitted to the City. 3. A bill of sale transferring this water main installation will have to �� .. take place also. _ 6. The City of Renter. ordinance requires that a hydrant be installed within 165' of any business structure. This requirement, will have to be met. { ` The City has a preliminary plan shwinr the location of a main instal la- tion which will accomplish this requirement. n ,^ A final construction plan will also have to be submitted to the City for approval on this installation. Upon completion of this installation the proper easements and a bill of sale will have to be executed in favor of the City of Renton. I ii If you have any questions with regard to any of these requirements or need assistance in the execution of same, please contact this office. Very truly yours, . , '' Richard C. Houghton «, Utilities/� ' / / � Engineer Ronald L. Olsen Office Engineer, +Itilities Rom:Pmp a i S.i`.,:.1VJ. � -::..J._+.�..�.....�1. •. .�,.y.< [ L' __ .. :... 4 RYAN.CARLSON.BUSH.SWANSUN 6 MENDEL - LAWYERS .T T- •� '^• ^ wr+re �cna..sru♦n� suiuwo �f' F' 5,�� Auf , SCATTLC.WASMINOTON 9S101 ��. ♦ 1 JA�:A'T? y S w4 x .� Tve4'T' Mr. Ron 0180p Engineering Departm" City of Renton `1� r_ Municipal Building 200 Mill Avenue Souther Renton, Washington 98055 a x , . ' �;w,�.�. ,;:�,.........w..�..,..�,..�,w.,.�..a.,...w...,.mow,...,...-�--...,.....NY+. 3 � . F' ' 1, ` ,. r�y�.•� .,.,.. i e A �° i STATE OF WASNINGT M ) as . CWWTY OF R I N G ) Jo this usy personally appaaied before me —nd , to me known to be the aad respectiv. of RLWTJN CUNCU TE YKuuUCTS, INC. , the corporation that executed the ioregoi% inatrumart, and scknowLedged the maid instrument co be the tree and voluntary acc and dereo of rain corporation, for the uses and purposes therein mentioned, and on ostn statou chat hey were authorized to execute the said instrument. GIVEN under my hana and ofticial soul this day of February, 19/2 . tary cTn� o-�r CFi�ute of WsshioRt.,n, resL.Lr% ac Seattle. k 1 4. TASEM1:NT FOR FIRE HYURAtiT MAINTENANCE The Grantor, RENTJN CJN^.RZTk PRODUCTS, INC. , hereby grants an easement acroe, Parcel ,A belcm tj C,antee, 'iOYOTA OF RENTJN, INC., for iogress and agrees to the City of Renton, a munic:pel corporation, for the purpose of maintaining i, fire hydrant lo- cared an the propnrcy described as Parcel B below. Such ease- mnnc mey be terMina ud ey Grantor upon _days notice in writing to the Grantee. Paz. ate: Viet korciun of the Mg ut the NLi =?.,.coon 19. Township 11 North, ;tang• 5 Last, W.M. in King County. Washington, described des Beginning at the Norcheaat corner of said Sec- tion ly; thence North 89*50'24" West along the North line of said Northeast yaarter of Section 19. a distance of 2169. 73 feet to the true 4oint it bet inning; thence continuing North 89*50 74" West 1U.W feet; thence south u0O9'36" West at right angles to said North line 51U.35 feet; thence South 89050'24" Past 10.00 feet; thence North 0`09'3b" Hest AQ.35 feet to true point of beginning. arcel : That portion at the NN; of the VLk of Section 19, Township 23 North, Range 5 East, W.M. in King County, Washington, described as follows : Beginning ac the Northeast corner of said Sec- tion 19; thence North 89'50'24" West along t" north line it said Northeaat Warter of Section 19, a distance or 2179.38 feet; thence South U'U9'36" West 510.35 test to the truw ppooint of beginning; thence coatLnul% South O'09'36" West 14si feet; thence South 89 50'24" East 80 feet; chine North 0"09'36" ,Zest 180 feet; thence North 89*50*24 ' West 80 feet to the true point of beginning, Except the West 0.98 feet chc_ieot. EXECUTED: February , 1972. RENTON CONCRETE PRODUCTS, INC. By (Title) By _c . 4 STATE OF WASHINGiJN i ) ss. COUNTY OF KING ) Jo this uay personalty rppee .ed bt.ore me and to me kncan: to be the ant'. respectively, of RENTJN CUNCK Tt PRuUUCTS, INC. , the corporation that executed the ioregoing instrument, ana acknowledged the saki instrument to be the free and vuluntary act ana deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that tt.ey were authorized to execute the Fiala instrument. GIVEN under my hand anu ofricial seal this _day of February, 1y12. Notary Public a or t d rats of Washington, residing at Seattle. �Z� gym: ,lr^ �a EASEMENT FOR FIRE_ HYJRAhT :LtINTEYANCE The Grantor, RENTON CONCRETE PRODUCTS, INC. , hereby grants an ssseoeat across Parcel A below to Grantee, TUYCTA OF KENTM, INC. , for ingress anu egress to the City or Menton, a mun:.cipsl corporation, for the purpose of maintaining a sire hydrant lo- caced on the property uescribed as Parch B btlow. Such ease- ment may be ctrainete.i by Grancox upon days notice in writing to the Grantee. Parcel : Thac portion of the NWt of the NEi o ecclon 19, Township 21 North, Range 5 East, W.M. in King County, Washington, described as: deeinning at the Northeast corner of said Sec- tion 19; thence North 89'5U'24" West along the North Line of saia Northeast tluarcer of Section 19, a aistance of 2169.38 feet. to the true point of ovy' .ing; thence continuing North 39'50 2401 West .,..JO feet; thence South U'09'36" West at right angles to said North line 51U.35 feet; thence South 39'50'24" East 10.00 fast; thence North 0'09'3b" Last 51U.35 feet to true point of beginning. Parcel_ : That portion cf the NWi of the NEX of S°e—ct�on 19, Township 23 Nurch, RayKe S East, W.M. in King County, Washington, desextbad ab follows ; Beginning at the Northeast corner of saia sec- tion 19; thence North 89'SU'14" WeaL along the north line or said Northeast ip&rter of Section 19, a distance of [179.38 feet; thence South 0009'3b" West 510.35 feet to the true point of be inning;; ttxence cuaciauin South O'09'36" vesc 1du feet; thence South 89 )0124" East 8U feet; thence North 0'U9'36" last 18U feet; &hence North 89'50'24" West 80 feet to the true point of beginning, Except tht West 0.98 fvet chereoi. EXECUTED, February 1972. KFUTO7 CONCRETE PRODUCTS, INC. By_. (Tic By (TL1 • / 1 t 1 n Yl Px V"F pt 4 STATE OF WASHIMTON ) ss. COUNTY OF K I N G ) On this day personally appeared before me and to me known to be the and respectively, of RENTON CONCRETE PRODUCTS, INC. , the corporation that executed the 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 they were authorized to execute the said instrument. s GIVEN under my hand and official seal this day of r i a Fei.ruary, 1972. 1 3' Notary Puis in and for the State ` Washington, of at Seattle. � � ���r•" ,� g g It residin 4j. EASEMENT FOR FIRE HYDRANT MAINTENANCE The Grantor, RENTON CONCRETE PRODUCTS, INC. , hereb•• grants an easement across Parcel A below to Grantee, TOYOTA OF RENTON, INC. , for ingress and egress to the City of Renton, a municipal corm)ration, for the purpose of maintaining a fire hydrant lo- cated on the property described as Parcel B below. Such ease- ment may be terminated by Grantor upon _days notice in writing to the Grantee. Parcel Thal portion of the NWT of the NE$ p o ect on 19, Township 21 North, Range 5 East, W.M. in King County, Washington, described as : Beginning at the Northeast corner of said Sec- tion 19; thence North 89°50'24" West along the North line of said Northeast. Quarter of Section 19, a distance of 2169. 28 teet to the true ?oint of beginning; thence continuing North 89*50 24" West 10.00 feet; thence South 0009136" West at right angles to said North line 510.35 feet; thence South 89"50'24" East 10.00 feet; thence North 0'09'36" East 510.35 feet to true point of beginning. t. �+ „�+ Parcel B: That portion of the NWT of the NEB o ect on 19, Township 23 North, Range 5 East, W.M. in King County, Washington, described as follows : B- ming at the Northeast corner of .said Sec- t, : 19; thence North 89".50'24" West along the north line of said Northeast Quarter of Section 19, a distance of 2179.38 feet; thence South 0069 '36" West 510.35 feet to the true point of beginning; thence continuin South 0'09'36" West 180 feet; hence South 89 50'24" East 80 feet; thence Noi- th 0'09'36" East 180 feet; thence North 89°50'24" West 80 feet to the true poir:t of beginning, Except the West 0.98 feet thereof. EXECUTED: February 1972. RENTON CONCRETE PRODUCTS, INC. By,_. (Title) By it e t .t> RYAN.CARLSON.BUSH.SWANSON 6 HENDEL ovw c.wou.uw LAWYERS wn .0 o.aw[u Vaanl -nc-vuw.-sru.w+ e�i�mue cxw a,uwuow . .uw.wc[a c.wuow Iiaeal SEATTLE.WASHINGTON VGIOI uiwn[L w.w.nou wcv.wv. a�aw •we.cooc coe .uouo c.I I.". u.,w a-.xea ..ouu[.,vcwsow v.mn c.xou mvm v.caw.�o vouou.a w.uwon ,oc v.w.cv w¢v.wv�cccre .no wuuw w rw,[ovorr,.rw wicv.wv� uowuv January 28, 1972 ,u Mr. Gerard M. Shellan pccap Shellan, Pain, Stone & Swanson 100 S. Second St. Building r � [ P. 0. Box 626 zt , Renton, Washington 98U55 "hFfw.l [ ,iia ss' Re: Renton Concrete Products Toyota of Renton r Dear Mr. Shellan: t We enclose the original and two copies of a ten-foot easement over the westerly portion of the Renton Concrete Products property he Toyota property forthe maintenance ( +. of a fire hydrant . We understand this has been required by t ,e City of Renton and that Larry Robinson has discussed it with Jack Adams . We suggest that the termination provision require at least 60 days notice, if possible. If this is agreeable with Mr. Adams, will you please have the company execute the original and return it to us. Let us know if you have any problems. Yours very �truly, �� 4 �'l Eben B. Carlson EBC:dfs Enclosures cc : Mr. Glen Sander, w/enc . �G/NEFAiy� ry� w ��y ADZ - 575� Jill t- 7,ur4 ,Y S- z 3 t 1 �6� s a� ♦{ � 11C � P 4 h r; " EX:ITBIT A PARCEL A The Northeasterly 130 feet of that portion of the Northwest Quarter of the Northeast Quarter of Sec- tion 19, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning on the North line of said section at a point which is North 89050'24" West 2008.4 feet from the Northeast corner thereof; thence South 00'9 '36" West 30 feet to the South line of South- east 144th Street; thence Southwesterly along said street line 177. 5 feet to a point called point "A" for reference purposes ; thence Soutl.aesterly along the Northwesterly line of said Southeast 144th Street and 92nd Place Southeast a distance cf 270 feet to the true point of beginning of this de- scription; thence South 55041 ' East to a point distant South 0009 '36" West 315 feet from said Point "A"; thence South 0°09 '36" West to the Northerly margin of the Northern, Pacific Railway Right-of-Way; thence Southwesterly along the Right-of-Way to the Easterly margin of Public State Highway No. 5; thence Northeasterly along said State Highway No. 5 and 92nd Place Southeast to the true point of beginning. PARCEL B That portion of the Northwest Quarter of the North- east Quarter of Section 19, Township 23 North, Range 5 East, W.M. , in King Coue,ty, Washington, described as follows : Beginning at the Northeast corner of said Section 19; thence North 89`50'24" West along North line of said Northeast Quarter of Section 19, a distance of 217 . 3, xiet ; thence South 0009 '36" West, at right angles Lo said Nc th line, a distance of 510.35 feet to the true point of beginning; thence continuing Southerly 0"09 '36" West a distance of 180.00 feet; thence Easterly at right angle 80.00 feet; thence Northerly, at right angle, a distance of 180.00 feet; thence Westerly, at right angle, a distance of 80.00 feet to the true point of begin- ning, containing 14,400.00 square feet. t ti is STATE 0." WASHINGTON ) ss . COUNTY OF K I N G ) On this day personally appeared before me M. T. LYON and ARLENE K. LYON, his wife, to me known to be the individuals described in and who executed the within and fore_oing instru- ment and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and oFficial seai this day of February, 1972. otary PubLic in and tor ti State of Washington, residing a 4aa� R ti ti EASEMENT FOR WATER MAIN The Grantors, J. LAWRENCE ROBINSON and MARILYN GAY ROBINSON, his wife, and M. J. LYON and ARLENE K. LYON, his wife, grant to the Grantee, TOYOTA OF RENTON, INC. , an easement over the southwesterly ten feet of the property described as Parcel A on Exhibit A, for the purpose of installing and maintaining a water main to service a fire hydrant located o:i the property described as Parcel B on Exhibit A, so long as the easement is used for such purpose. Executed February / 1972. -J. LAWRENCE 8,011PS(iN 7 OB `) /�If STATE OF WASHINGTON ) ss. COUNTY OF K I N G ) On this day personally appeared before me J. LAWRENCE ROBINSON and MARILYN GAY ROBINSON, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged th,-t they s: ned the same as their free and voluntary act and deed, for the uses and purposes therrin mentioned. GIVEN under my hand and otfi-ia1 :e-' * ',Is 1�`?{ day of February, 1972. oPu., ..n-=Or t e'State of Washingtoc,, eliding a L k � ti TOYOTA OF RENTON FIRE PROTECTION - TIATERMAIN �4 . � 2 B, AsoiLnor had full power, right r )d authority to ensign the Lease as Mreln cont^mplated; C. The Lease is unmodified (except for Oupplcnent recorded November 26, 1y71 under Auditor's Pile Ila. '1111260107) avid is in full force and effect; D. All rent payable under the Lease has been paid for all periods up to and in^luding November 23, 1973; E. Assignor is not in default in the performance or observance of any ebliCations urder the Lease, and no event has occured or condition exicts which would constitute such a defaul6 but for the giving of any applicable notice or the expiration of any applicable grace period; / (Lessor) F. "nndlord' is not in default in the performance or observance of their obllLations under the Lease. 3. LeaaeCo here by accepts such assigncient and agrees t') pay the rent from and after the effective date of this Agreement. 4. At any tins, and from time to time, upon written request of LeaseCo, Assignor will execute and deliver any and all such additional instruments as in the opinion of LcascCo shall be necessary or advisable to confirm or effect the aacignment to LeaceCo of all rights, claims titles and inteeeats of Asolmor as the tenant under the Lease. 5. This Agrecment may be executed in any number of counterparts and it is contemplated that the parties hereto may execute different counterparts. This Agreement shall become effective when one or more Of such counterparts is signed by or on behalf of each of the parties hereto, and such cOiinterparts shall together have been executed by all parties shall constitute an original of this inetrunant, but all of ouch counterparts rhall constitute one and the same instrument. r f ASSICITTIMIT r.27! ^.;:^U:;ir1IO2f or J.rASE THIS AG=.'MHT made and enteree into as of Hove..,ber 15, 1)I3, by and Letwee.i Albert L. Cooper (herein called Cooper) and Frances Cooper, his w:.fe (herein collectively called Aenignor) and Ford Leaning Development Company, a Delawnre Corporation (herein called LeaceCo) with reference to the following: WHEREA3, Victor D:.anbri and Marie Diambri, his vile (herein collectively called Lesr.:)r) and Co.�per entered 1nLo a certain lease dated Augunt 2$, 1961 (the Lease), covering certain premises in the City of Renton, County of King and State of Washington, as particularly described in the L^_c.^.u, which wan rc:crled bfay 25, 1967 with the Auditor of King County, Washington under Receiving No. 61Ea)92. I'M, THERLPORr, In consideration of good and valuable and sufficient connideration, the receipt of which is hereby acknowledged, this Agreement and mutual covenents herein contained, the parties agree: 1. Assignor hereby assigns to LeaseCo all their right, title and interest in, to and under the Leese, and the leasehold estate created thereby. 2. Assignor represents and warrants to LeaseCc as follown: A. Acsirpor is the owner and holder of the lessee's interest under and the leasehold estate create] by the Lease, free and clear of all liens, charges, violations, encumberances, pledges, mortgages and subleases (cave and except that certain sublease dated July 7, l'),)7 between Aasignor as the landlord and Robinson L Lyon Ford, Inc., a Washin^ton Corporation, as the tenant, of which a nemo was recorded Aueuct 1, 1957 under Auditor's No. 621203), records of Kin,; County). ♦ S I If BEGINNING OF FILE FILE TITLE • • r • • � ' lay.^.ra;rati•r rou t��.'rt,t�t.I;n: THIS EASEMENT granted Ly VICTOa DIA:•i.^.RI and :1AIUB DIAMBRI, his wife, and PENTON DODGE, INC. , a Washington corporation, and c� r uR�T r_s i as o TTR B3 I IV (.';Ii(1UP TY TRAILER) (herein collectively called "Grantors") , to the CITY OF UNTON, a Washington municipal corporation (herein called "Grantee") : W I T N E S S E T 1i Grantors herchy grant to Grantee a non-exclusive casement for the purposes only of tl:e construct,.ci., reconstruction, main- tenance, removal or relocation of a waterline under and through the strip of lancl rdrticularly described in ExhiL`t 1, annexed hereto (herein called the "Easement Plea") . Grantors hereby convey to Grantee any interest Grantors may have in the existing waterline within the Easement Area and any interest Grantors may nave in that portion of such waterline which lies within any adjacent public street or highway, and Grantee accepts th.: Sri: e as part of Grantee's water system. r• This instrument is executed and entered into on the follow- ing conditions: 1. Other t1So. Grantors shall at all tirr.es have the right to make such other use of the Easement Area as is not inconsistent with Grantee's exercise of the ,rights and privileges granted to it hereunder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantors. 2. Damagcs. Without limiting any other provision hereof, if during the construction, reconstruction, maintenance, removal or relocation of any lines within the Easement Area, any damage ar,�s 3101 ELLIOTT AVENUE,uSEATTLE, WASHINGTON 98121 284-8440 _ PLUMBING,T H RJ-I'{N—.nA 13IU377tI�UPPLES FIkE PPO St�§Y�4'EM6 peT6 STEcv1.E2 2 -GSt!` 006 NTi 09-1WO R MIZ FENNEL f SINEL { aSSOClAT CONUACT012S 300 - 12.0To Avc, . NE. gN1�G1AlCa ji 51417E 230 PLC-L/m wA4N , gS00 f. Sd JN1? Fw2O Dc-A2. FrdNec. . EXHIBIT 1 Tha Lion of the Northeast Quarter of Section 19, Tov 23 North, Range 5 East, W.M. , in King County, k.It ,ton, described as follows: beginning at the Northeast corner of said Section 19; thence North 89050124" West along the North line of said section 19 a distance of 2179.38 feet; thence South 0009136" West a distance of 533.06 feet to a point, being the True Point of Beginning of the description of the land subject to easement herein granted, consisting of: A strip of land lying between a line 10 feet Easterly of and parallel to a line described as commencing at the aforementioned True Point of Beginning; thence South 0°09'36" West a distance of 401.38 fee:, more cr less, to a point in the Northerly right-of-way lint. of South Grady Way; thence South 12039'17" East, a distance of 21.5 feet, more or less, to a point on the Northerly curb line of South Grady Way; and A strip of land lying between lines parallel to and 5 feet Nor;.i,erly and Southerly of a line described as commencing at a point which is North 12039117" West a distance of 16 feet from the terminal point of the line described immediately above; thence South 77020143" West, a distance of 100 feet. STATE OF WASHINGTON ) as. COUNTY OF KING ) On this _:�O day of "tA_ 1974, before me person- ally appeared (r;/re to me known to be the of PUGET SOUND POWER 6 LIGHT COMPANY, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set m•/ hand and affixed 0 my official seal the day and year first above written. NOTARY PUBLIC in anTfor t� ntate o, Washington, residing at STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of - ✓ 1974, before me, person- ally appeared to me known to be the a d of the CITY OF RENTON, t at executed the w t �.n and foregoing instru- ment and acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for t e cta3''—tom Washington, residing at -7- •.fir fide �ol r PUGET SOUND POWER b LIGHT COMPANY CITY OF RENTON By-(�� ■ STATE OF MICHIGAI.1 ) se. COUNTY OF WAYNE ) /;'On this day of ;. ,.... 1974, before me appeared 7 � d to me personally known, who being ay sworn, say t at -e s the Assistant Secretary of FORD LEASING DEVELOPMENT COMPANY, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said cor- poration by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of maid corporation. ARY n anel For the State o Michigan residing at RJTH HUGHES Holary public,Oakland County,Mich. STATE OF WASHINGTON ) �ngIn Wayne County,Mahi ; s o. My Commission Expires Sept 21, 19" COUNTY OF KING ) On this day of J vi �— , 1974, before me person- ally appeared me known to be the SOUND FORD, INC. , that executed the w t in 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 he was authorized to execute said instrument and that the seal of the corporation affixed is the true corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State o Washington, residing at -6- If to Grantee: City of Renton City Hall Renton, Washington or at such other address as may have been furnished to the other parties as above provided. Any such notice, demand or other communication shall be deemed to have been given on the date of registration or certification thereof. 13. Modifications. This Easement Agreement may not be modified in any respect whatsoever, in whole or in part, except ■ with the consent of the parties affected by such mo$ification, executed. and then only by written instrument duly ee:earrsed. 14. Headings. The headings of the paragraphs of this Easement Agreement are for convenience and reference only and shall in no way modify or restrict any of the provisions hereof. 15. Successors. The terms and provisions hereof shall be bin4ing upon and inure to the benefit of the respective successors, assigns, tt:,ants and agents of the parties hereto. IN WITNESS WHEREOF, Grantors and Grantee have executed this instrument or caused it to be executed on their behalf as of this �I z� day of , 1974. In the Presence of: l FORD LEASING DEVELOPMENT COMPANY P,eaarrc`e, Jr. By ROBERT V. VINCENTA SOUND FORD, INC _ RT / a By ✓ ! �! / k 4 -5- � 1 r Easement Area so situated or the waterline installed therein interferes with or creates a hazard in connection with Puget's present or future exercise of such rights, Grantee shall, at its sole cost, alter and/or relocate such portion of the waterline in a fashion which will reasonably eliminate such interference or hazard, and Grantors hereby agree to any revision of the Easement Area sc. required. 10. Extinguishment of Easement. In the event Grantee ceases to use the Easement Area as part of its water system for a period of ninety (90) consecutive days, this easement and the rights granted hereunder shall terminate without the necessity of further documentation. 11. Indemnification. Grantee shall defend and indemnify Grantors from and against any and all claim 9amages, expenses (including, witnout limitation, reasonable attorneys' fees) , fines, penalties, losses and liability whatsoever, in any manner arising from or connected with the easement granted herein. 12. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered air mail, postage prepaid, addressed as follows: If to Ford Leasing Development Company: Ford Leasing Development Company The American Road Dearborn, Michigan 48121 If to Sound Ford: Sound Ford, Inc. 720 Rainier Avenue South Renton, Washington 98055 If to Puget. Sound Power b light Company: Puget Sound Power b Light Company Post Office Box 868 Bellevue, Washington 98009 Attn: Real Estate Division -4- �. 1 any portion of the Easement Area is located (herein called "Owner") the right, at the Owner's sole expense, to relocate the Easement Area and the waterline therein, if in the sole discretion of the Owner, such relocation is desirable. An Owner's right to relocate shall be subject to the following conditions: (a) If the wateline is relocated into other lands of the Owner, the Owner shall grant to Grantee hereunder a new ■ easement ten (10) feet in width, five (5) feet on either side of the centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantec. Such new easement and conveyance shall be upon the same terms and conditions as contained herein. (b) If the waterline is relocated into street or highway right of way adjoining the Owner's property, reloca- tion into such right of way being he eby consented to by Grantee by acceptance of this Easement for Waterline, the Owner shall convey title to the relocated waterline to Grantee. (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with existing laws and good engineering practices and shall form a continuous loop. 9. Power Line Use. Grantee recognizes that the portion of the Easement Area lying southerly of the southerly line of the former Northern Pacific Railroad right of way is subject to the rights of Puget Sound Power L Light Company (herein "Puget") to construct, operate, maintain, repair, replace, and enlarge one or more electrical transmission or distribution lines above and/or under the ground, together with all necessary appurtenances thereto. If Puget in its sole reasonable judgment deems that the -3- J 16. 4 r s or relocation of any lines within the Easement Area, any damage is done to the surface of the Easement Area or Grantor's improve- ments thereon, Grantee will reasonably compensate the party in possession of such part of the Easement Arez or improvement for such damage and restore the Easement Area or improvement to its condition immediately prior to such damage. 3. Access. Grantee shall have the right of ingress and egress to the Easement Area for the purposes, and only for the purposes, herein specified and for none other whatsoever. 4. Inconvenience to Grantor. All work performed by Grantee, its agent and servants, in and about the exercise of the rights and privileges granted to it hereunder, shall be conducted expe- ditiously and with the least possible inconvenience to Grantors. 5. Installations. Grantee covenants that all installations made by it hereunder will to made in accordance with existing laws and good engineering practices. 6. Grant Without Warranty. Grantors grant this easement, and Grantee accepts the same, upon the express condition that Grantors make no representations or warranties, either express or implied, in fact or by law, with respect to (a) its title to the Easement Area; (b) any surface or sursurface conditions thereof; (c) any patent or latent defect or dan4erous condition thereof; or (d) its title to the existing waterline conveyed hereby. 7. Water Service. Grantors, and each of them individually, hereby reserve the right to tap for outer service, any line of Grante, that may be now or hereafter installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. Such tap shall be allowed without charge to such Grantor. 8. Relocation of Easement Area. Grantors hereby reserve on behalf cf the o•^iers from time to time of the lands upon which -2- 1 EASEMENT FOR WATERLINE THIS EASEMENT granted by FORD LEASING DEVELOPMENT COMPANY, a Delaware corporation, SOUND FORD, INC. , a Delaware corporation, and PUGET SOUND POWER 6 LIGHT COMPANY, a Washington corporation (herein collectively called "Grantors") , to the CITY OF RENTON, a Washington municipal corporation (herein called "Grantee") : ■ W I T N E S S E T H Grantors hereby grant to Grantee a non-exclusive easement for the purposes only of the construction, reconstruction, main- tenance, removal or relocation of a waterline under and through the strip of land particularly described in Exhibit 1, annexed hereto (herein called the "Easement Area") . Grantors hereby convey to Grantee any interest Grantors may have in the existing waterline within the Easement Area and any interest Grantors may have in that portion of suuh wat.uri'ne which lies within any adjacent public street or highway, and Grantee accepts the same as part of Grantee's water system. This instrument is executed and entered into on the follow- ing conditions : 1. Other Use. Grantors rhall at all times have the right to make such other use of the Easement Area as is not inconsistent with Grantee's exercise of the rights and privileges granted to it hereunder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantors. 2. Damages. Without limiting any other provision hereof, if during the construction, reconstruction, maintenance, removal r � 1 K . g . STATE O IUC:aGArr aa. COUIITY OF WAYNE The foregoing instrtmsnt was aeknoUledged before me this dsy of , �`j r- A.D., 1973 by I an Asa.ictant Cecrctary of fiord Leasing Development Cetmpany, A Delaware Corporation on behalf of said Corporation. ■ Notary Public '1 ,`,C'otmty, Uichigan v My Commission EVires VIIES F. CREENE Notary Public.Wayne County,Mich. My Commission Expires Feb.22,!976 that they oirped and sealed the said inotrunent an their free and voluntary act eud deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of 11achington residing at ■ STATE qg UAM111 T0I1 ] ss. County of: Y.inu ] On this 27 day of - -A.D.0 i9� before me, the unrcreigned, a Rotary Public in and for the State of Washington duly commissioned and sworn personally appeared Victor Difunbri and Mirte Dtambri, his vifc to me Y,navm to be the Individuals described i.: .^..^.d :rho executed the forei oing Instrument, and acknowledged to me that they signed and sealed the s.sid instrument as their free and voluntanj act and deed for th•s uses and purposes therein mentioned. WITNESS my hand and official seal hereto Lffixed .he day and year in this certificate above I Itten. Notary Public -Ln-andor the_31=aq of Waehinrton residing at J � ti ' 3 IN WITIIELS WL"REOF, The parties hereto have cnuced this Agreement to be executed as of the date hercinabove first set forth. crCooper Frances Cooper ■ FORD LEA UM DEVLT.OPIM.IT CONPANP By I,- zt. � iiECOGNITIGIi OF ASSIGItIMIT The undersigned Lessor hereby ac'mowledGes notice of the foregoing assignment of the Lease to LeaseCo, and acl,now?adges to Lcasc„o ,...a,. the repro suntatirres and warrantees set forth and kN Items 2D and 2F in the foregoing Agreement are true and Items 2E and 2C therein are true to the best of Lessor's knowledge and helief. Victor Diambri ' Jane Diambri STATE OF tIASHITICTON ] j ss. Count;; of: Kini ] On this _day of _ A.D., 1973 before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared Albert L. Cooper ,nd Frances Cooper, his wiife to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me '. 1 61 ` EXHIBIT 1 TO EXHIBIT B That portion of the Northeast Quarter of Section 19, Township 23 North, Range 5 East, W.N,., in King County, Washington, described as follows: Beginning at the Northeast corner of said Section 19; thence North 89050124" West along the North line of said Section 19 a distance of 2179.38 feet; thence South 000913V West a distance of 543.O6 feet to a point; thence North 55'48'17" West a distance of 340.98 feet to a point in the Easterly right of way line of Rainier Avenue, South, and the True Point of Beginning of the description of the land subject to easement herein granted, which is: A strip of land lying between a line 10 feet no.therly of and parallel to a line described as commencing at the aforementioned True. Point of Beginning; thence South 55048117" East a distance of 340.98 feet to a point. 1 Ak� �x 1 1 " j Y�I STATE OF WhS IINCTON ) ` COUNTY OF Y,ING On this G g day of a U `( _, 1974, before no Parson- ally appeared_�k—u 917rp_K to me known to be _�1i_ S�� �? _ of RL: TON UOUGL', TIC. , that. Executed the witfiin u- r:c�?'or:.gn�.ng instru:ent and acknowledged said instrument to be toe free and voluntary act and dead of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that tho seal affixed is the corporate seal of said corpora- tion. In witness whereof, I have hereunto set my hand and affixed f my official seal the day and year first above Qwritten. �J3YARY PUUiIC=n an ror ,t e State cr Washington, residing at STATE OF WASEXNGTON Es. COUNTY OF Y.ING ) on this day of , 1974, bofore me, person- ally appeared , to me known to be the , authorized of � < the Or' i2 A'iGS, that executed thew thin in(T�_egoiry instru- ment a .d acknowledged said instm-nent to be the free and vo' ntary 1 b act and deed a,' the corporation, for the uses and purposes rein , ,-; ,R mentioned, and on oath stated that he was authorized to exec:._e said instrur..ant and that the seal affixed is the corporate seal of said corporation. ps „.• ' In witness whereof. , I have hereunto set my hand and affixed my official seal the day and year first above wr .an. ,OTnRY YUL'LIC in an�nrc Stat�e�• Washington, residing Rt STATE OF HABiftlAdYON ) Y OF xvfw/ s. . On this ,.7.3.tidday of _ 1974, before me, person ly appearecT / �._._�! to me known to be they . /. fin authorized , Of SECURITY, ' Mfg44hh t xccutcd the within an foregoing, an awefaidinstrument T instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. -4141 NUi' RY PUBLIC in and for the State o!� II Id�gc residing at ,, �.. -6- 1 Ile VITb:E:SS W11ERE0:':, Grant.orn and Gra:;tpu have., ,:;coeutc•d t;,an ins•.. cnt oru:;cd it to Le executed on their: bch•.lf au of this ea`` 1974. M IbI Yn the Presence of. : (L.S. • w�,> tea: (L..S. ) Marie Diambri RENTON DODGE, INC. By - CITY OF RENTON By_ —. 3 E C.v ti %-T I E 5 �I' a U 5 R 1 55 1 N O. — By__ \ cutiX STATE OF WASHINGTON ) Ss. COUNTY OF HIND ) On this day personally appeared before me., VICTOR DIPJSDRI at,d MARIE DIjL�iDRI, his wife, to me known to be the individuals dc- Scribed in and who cNecuted the foregoing instrument, and acknowl- edged t'.:at they sign^d the same as :heir free and voluntary act and deed for the uses and purposes therein mentioned. Given ender my hand and official seal this day of 1974 . w—,un luffLiL' in ana�or tltie St:. lc �.,t k_ Waehington, residar:g at w Granters fl-Off, illy A,Jai,ll-1; Ally al1(! ill l Claim(:, d(nnagcs, ei;pG�G C'u' (including, wi. .hnut limJ ' .1-i.1,n, reaaona)ac attorney.' fee£) , finer., pcinaltics, lose£ acid liability what:;ocv", , in any manner 5. arising from or. connected :•:its the easement granted heroin. 11. Mot.icr;s. All noti.cc•s and other communications required or permitted to ba given t,e::cunder shall be .in writing and shall be mailed by ccrtifi,�d or registered air mail, postage prepaid, addresscd as follows: If to Diambri: If to Crantee: Mr. Victor Diam);ri City of Penton 1GI5 Shattuck Avenue ;'outh City Hall Renton, Washington 98055 Renton, Washirgtoll 98055 If to Renton Dodge: If to SEoc;;�R ,ca s11m cs f,¢ Renton Dodge, Inc. I42C 453 Rainier Avenue South i,e-:s� Renton, Washington 96(,155 A y 7e) or at such other address as may have been furnished to the other parties as above provided. Any puch notice, de.nand or ether communication shall be deemed to have been given on the date of registzation or certification thereof. 12. Modifications. This Easement Agreeme:t may not be modified in any respect whatsoever in whole or in part, cxcopt with the consent of the parties affected by such modification, and then 6nly by written instrument duly exercised. 13. Headings. The headings of the paragraphs of this i� Easement Agreement are for convenience and reference only and shall in no way modify or restrict any of the provisions hereof. i1 14. Successors. The terms and provisions hereof shall be birl;nq upon and inure to the benefit of the respective successors, assigns, tenants and agents of the parties hereto. b L ti 4 on behalf of the owner , from time to time of the lands upon which any portion of the Easement Area is located (herci.n .allcd "Owner") the right, at the Owner's lulu erpei:sc, to relocate the Lasement Area and the waterline therein, if in the sole discretion of the Owner, such relocation is desirable. An Owner's right to relocate shall be subject to the following conditions: (a) If the wataline is relocated into other lands of the Owner, the Omer shall grant to Grantee hereunder a new easement ten (10) feet in width, five (5) feet on either side of the centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon the same terms and conditions as contained herein. (b) If the waterline is relocated into street or highway right of way adjoining the Owner's property, reloca- tion into such right of way being hereby consented to by Grantee by acceptance of this Lasr-ment for waterline, the Owner shall convey title to• the relocated waterline to Grantee. (c) The relocated waterline shall be equal in capacity t^ the waterline replaced, shall be installed in accordance with existing laws and good engineering practices and shall form a continuous loot . 9. Extinguishment of Easement. In the event Grantee ceases to use the Easement Area as part of its water system for a period of ninety (90) consecutive days, this easement and the rights granted hereunder shall terminate without the, ncccnnity oi: further documentation. 10. Indemnification. Grantee shall defend and indemnify • ♦ 1 ..a :Iona to the surface of the Easement Area er Gralltor' c il6proJa- m^nte> thereon, Grantee will reasonably compensate the party in possession of such part of the Ea�c.•ment Area or improvement for' such damage and restore the Easement Area or improvement to its condition immediately prior to such damage. 3, , Access. Grantee shall have the right of ingress and egress to the Easement Area for the purposes, and only for the purposes, herein specified and for none other whatsoever. 4. Inconvenience to Crantor. All work performed by Grantee, its agents and servants, in and about the exercise of the rights and privileges granted to it hereunder, s1Lall be conducted expe- ditiously and with the least possible inconvenience to Grantors. 5. Installations. Grantee covenants that all installations made by it hereunder will be made in accordance with existing laws and good engineering practices. 6. Grant ,-Iitt.ovt 1?..�-:rranty. Grantors grant this easement, and Grantee accepts the se,me, upon the express condition that Grantors mare no representations"c, warranties, either express cr implirrl , in fact or by law, with respect to (a) its title to the Easement Area; (b) any surface or sursurface conditions thereo ; (c) any patent or latent defect or dangerous condition therec_; or (d) :.ts title to the existing waterline conveyed h--reby. q. Water Servic Grantors, and each of them individually, hereby reserve the right to tap for water service, any line of Grantee that may be now or hereafter installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. Such tap shall be allowed without charge to such Grantor. S. Relocation of Easement Area. Grantors hr_reby reserve -2- j� EXIItBIT D THIS L'ASL' :NT granted by VICTO)c DIXIPVI and )•D,RIE DIAMLAI, his wife and )(1111 D I' , ll:C. , i Washington corporation, 5tcu2,'i,e I o �` 111.4 and3. �ir_ .1��G�(.^>):�U:tI7'Y 't'RAIL):R) (herein collectivr_.ly called "Grantors:") , to the CITY Or MATON, a Washington municipal corpor.ati.on (herein called "Crantee") : WITNESSETH Grantors hereby grant to Grant._c a non-exclusive easement for the purposes only of the construction, reconstruction, main- tenance, removal or relocation of a waterline under ant] throug:1 tr, Exhibit B the strip of land particularly described in Exhibit 1; annexed hereto (herein called the "Easement Area") . Grantors hereby convey to Crantee any interest Grantors may have in the existing oaterline within the. Easement Area and any interest Grantors may have in that portion of such waterline which lies within any ad;acea:: public street or highway, and Grantee accepts the same as part of Grantee's water system. This instrument is executed and entered into on the follow- irg conditions: 1. Other U-,c. Granters shall at all times have the ri.gh to make such other use of the Easement Area as is not inconsistent with Grantee's exercise of the rights and privileges granted to it hereunder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantors. q 2. Damngo:;. Without limiting any other provision hereof, if daring the construction, reconstruction, maintenance, removal or relocation of any lines within the Easement Area, any damage EXIIII:t'1' 1 TO EXHIBIT B That portion of the Northeast Quarter of Section 19, Township 23 North, 12anyo 5 bast, W.M. , in King County, Washington, described as follows: Beginning at the Northeast corner of said Section 19; thence North 89050'24" West along the North line of said Section 19 a distance of 2179.38 feet; thence South 0009136" West a distance of 543.O6 fact to a point; thence North 55048'17" West a distance of 340.98 >rc; fact to a point in the Easterly right of way line of Rainier Avenue, South, and the True Point of P ginning of the description of the land subject to casement herei❑ granted, which is: 4�h A strip of land lying between a line 10 feet - y northerly of and parallel to a line described as commencing at the aforementioned True Point yi of Beginning; thence South 55048117" East a distance of 340.98 feet to a point. t; 'Et r My w.' STATE of WA:TL'INCTON COUNTY OF KING I on this w day of , 1974 , before no person- , to mr: Enown to bu the ally appeared—_ p : Iti: 7TON DODGv. INC. , that execute tie within and foregoing instrument and acY.nowledgc said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that tha seal affixed is the corporate seal of said cozpora- tion. In witness whereof, I have hereunto set my hand and affixed my official seal the Jay and year first above written. 1�0TARY PUBLIC In an or t c State o Washington, residing at STATE OF WASIIINGTON ; 6s. _ COUNTY OF KING On this 3o day of .7u�_ , 1974, before me, person- on e 7 to me known to of ally appeared '✓ �---- the -,VA_V�4 --r- "'-?� instru- the CI'iY Or' i2 P:':oN, tnat executed the within and orego'ny Lr oses therein ment and acknowledged said instrument to be the free and voluntary act and deed Of the corporation, for the uses and purposes mentioned, nd on oathastated sealtaffixed ist the icorporat-zed to e seal said of said corporation. et In witness whereof, I have eaet reunoabcvenwrittenand affixed my official seal the day an G1-- T > ,or tre Stan oz O• ARY PUBL.LC .n and Y Washington, residing at '�%i — STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) da of 1974 , before me, On this Y to me known to be personally appearc3 the authorized of SICURITY 'I'RAII.SR, that executed the within and f.orogoing instru.icent and acknowledecd said instrument to be the trite and voluntary act and deer: of the corporation, for the uses and purposes therein rentioned, and on oath stated that he was authorizeis tile dto seal instrument and that the seal affixed corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NO'PARY I'Ul1IJ.0 in anct for the State o Washington, residing ate_ r a IN WITNESS 1•2IIL'RCOE, Grant:orn and Granter, have executed tld. instrument or caurcd it to be executcd on their behalf as of this �77 day of 1974. in the Presence of: / t actor UianTri Marie tom r rie Ulambri RENTON DODGE, INC. By CITY OF RENTON By_� �- SECURITY TRAILER By STATE OF WASHINGTON ) ) SE. COUNTY OF RING ) On this day personally appeared before me, VICTOR DIPJ0RI and MARIE DIAMBRI , his wife, to me known to be the individuals de- scribed in and ,:he executed the foregoing instrument, and acknowl- edged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this `Z 7-day of �t07AhY YUii , In ..nu for l;e E:C ;t f Washington, residing at -5- i ♦ 1 r Grantor:: f7-0:11 and against: any and all nl: im>, d:unagen, crpetu:na (including, w.L0hoUt limitation, reatsonaLle attorney::' fc:•r.t) , finer, punalt:ies, losses and liab:aity whatsoever, in any manner arising from of connected with the easement granted heroin. 11. yoticr,c. All notices and other communication: required or parinittcd tc, he given hereunder shall be in writing and shall by mailed by ccrtif nd or registered air mail, postage prepaid, ttddres:;cd as follows: If to Diambri: If to Grantee: ■ Mr. Victor Diambri City of. Renton 1615 Shattuck Avenue South City 11all Trenton, Washington 96055 Renton, Washington 98055 If to Renton Dodge: If to beeezity=rr- ileI;4 usTarES i�v gC5cur %Z MHS 1 J , C. Renton Dodge, Inc. tom % t Y 453 aainier Avenue South Y1 O ANe g3l06' Renton, Washington 98055 or at such other address as may have been furnished to the other parties as above provided. Any such notice, demand or ether communication shall be deemed to have been given on the date of registration or certification thereof. 12. Modifications. This Easement Agreement may not be modified in any respect whatsoever, in whole or in part, except with the consent of the parties affected by such modification, and then only by written instrument duly exercised. 13. }teadings. The headings of the paragraphs of this. Easement Agreement are for convenience and reference only and stall in no way modify or restrict any of the provisions hereof. 14. Successors. The terms and provisions hereof shall be binding upon and inure to the benefit of the respective successors, assigns, tenants and agents of the parties hereto. -4- on behalf of the owner:: from time to time of the lands upor, which any portion of the Casement Area is located (heroin called "Owner") the right, at the Owner'a sole erper:se, to relocate the Easement Area and the waterline therein, if in the sole discretion of the owner, such relocation is desirable: An Owner's right to relocate shall be subject to the following conditions: , (a) If the wataline is relocated into other lands of the Omer, the Owner shall grant to Grantee hereunder a new easement ten (10) feet in width, five (5) feet on either side of the centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon the same terms and conditions as contained herein. (b) If the waterline is relocated into street or highway right of: way adjoining the Owner's property, reloca- tion into such right of way being hereby consented to uy Grantee by acceptance of this Easement for Waterline, the owner shall convey title to• the relocated waterline to Grantee, (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with existing laws and good engineering practices and shall forma continuous loop. 9. Fxtinguishment of Easement. In the event Grantee ceases to use the Easement Area as part of its water system for a period of ninety (90) consroutive days, this easement and the rights granted hereunder shall terminate without the necessity of further documentation. 10. Indc_Mri: ficatton. Grantee shall defend and indemnify -3- is done to the surface of the Easement Ai:ea Or Grantur. '-c irapr.ova- ments thereon, Grantee will reasonably rumpcnsate the party in possession of such part of the Easement Area or impj:ovement for such damage and restore the Easement Area or improvement to its condition immediately prior to such damage. 3. , . Acceso. Grantee shall have the right of ingress and egress to the Easement Area for the purposes, and or,ly for the purposes, herein specified and for none other whatsoever. 4 . Inconvenience to Grantor. All work performed by Grantee, its agents and servants, in and about the exercise of the rights and privileges granted to it hereui.9er, shall be conducted expe- ditiously and with the least possible inconvenience to Grantors. 5. In:.'tallaticns. Grantee covenants that all installations made by it hereunder will be made in accordance with existing laws and good engineering practices. 6. Grant Without Warranty. Grantors grant this easement, and Grantee accepts the same, upon the express condition that Grantors Crake no representations"or warranties, either express or implied, in fact or by law, with respect to (a) its title to the Easement Area; (b) any surface or sursurface conditions thereof; (c) any patent or latent '!feet or dangerous condition thereof; or (d) its title to the existing waterline conveyed hereby. 7. Water Service. Grantors, and each of them individually, her--by reserve tha right to tap for water service, any line of Grantee that may be now or hereaf' er installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. Such tap shall he allowed without charge to ouch Grantor . B. Relocation of Easement Area. Grantors hereby rbservc -2- If to Grantee: City vi 'zVrton City lull Renton, ;Iashington or at such other addrena as may have been furnished to the other parties as above provided. Any such notice, demand or other communication shall be deemod to have been given on the date of registration or certificat3.on thereof. 13. Modifications. This Easement Agreement may not be modified in any respect whatsoever, in whole: or in part, except with the consent of the parties affected by such modification, and then only by written instrument duly exercised. 14. Headings. The headings of the paragraphs of this Easement Agreement are for convenience and reference only and shall in no way modify or restrict any of the provisions hereof. 15. Successors. The terms and provisions hereof shall be binding upon and inure to the benefit of Vie rc �;pective successors, assigns, tenants and agents of the parties hereto. IN WITNESS WHEREOF, Grantors a-d Grantee have executed this instrument or caused it to be executed on their behalf as of this day of 1974. y w ; � , y In the Presence of: 3 FORD LEASING DEVEiOPMEt:T COMPANY By SOUND FORD, INC. By_ -5- t yfk y'�JS.vbp:: Easemcut Area ci.tuated or the waterline installed therein interfores with or creates a hazard in connection with Puget's a a present or future exercise of such rights, Grantee shall, at 3.ts � sole coat; alter and/or relocate such/ portion of the waterline in a fashion which will reasonably eliminate such interference or �ti hazard, and Grantors hereby agree to any revision of the Easement Area so required. w 10. Extinguishment of Easement. In the event Grantee ceases to use the Easement Area as part of its water system for a period of ninety (90) consecutive days, this easement and the rights granted hereunder shall terminate without the necessity of further documentation. � C,. 11. Indemnification. Grantee shall defend and indemnify Grantors from and against any and all claims, damages, expenses (including, without limitation, reasonable attorneys' fetus) , fines, penalties, losses and liability whatsoever, in any manner f ° } arising from or con.tectcd with the easement granted herein. 12. Notices. All notices and other communications req-ired x ?�- or permitted to be given hereunder shall be in writing and :hall be mailed by certified or regis:t' red air mail, postage prepaid, addressed as follows: If to Ford Leasing Development Company: Ford Leasing Development Company The lmerican Road Dearborn, Michigan 48121 If to Sound word: Sound Ford, Inc. 720 Rainier. Avenue South Renton, 11ashirgton 98055 If to Puget Sound Power b Light Company: Pt:get Sound Power b Light Company Post OMice !?ox 868 Bellevue, Washington 98009 Attn: ]teal Estate Division -4- t any :i the l:asaa,c„t: Arun is located (hcrcin called "Owner") the right-, h4: the Owner's '.ol. cypensc, to relocate the Easement Area and the waterline therein, if in tho sole discretion of the Owner, such rcj:)cation is des'rable. An Chmer's right to ralocata shall he subject to the following conditions: (a) If the wateline is relocated into other lands of the owner, the Owner shall grant to Grantee hereunder a new ease^ent ten (10) feet in width, five (s) fact on either side of the centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon the same terms and conditiono ac ccr.taincd hcrcin. (L) If the wnterliac is relocated into street or highway right of way adjoining the o.oner's property, reloca- tion into such right of ,:-y being hcrehy con.,rented to by Grantee by acceptance of this rase-,.cnt for ri,.ter.line, the Owner shall convey title to the relocated wat^r'_iac to Grantee. (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with existing laws and good engineering practices and shall form a continuous loop. 9, Power Line Use. Grantee recognizes that the portion of the Easement Area lying southerly of the southerly line: of the former Northern Pacific Railroad right of way is subject to the rights of Pugct Sound Power s Light company (herein "Puget") to construct, operate, maintain, repair, replace, and enlarge one or more electrical transmission or distribution lines above anal/or under the ground, toget:cr with all necessary appurtenances thereto. If Puget it, its sole reasonable judgn,ont deems that the sk rF jam,. or relocation of any lines: witisin the 2af c,,,oni Area, any damage is done to the surface of the Easement, Arca or Grantor's improve- ments thereon, Grantee will reasonably coma^nsate the. party in possession of such part of the Easeme::: Aroa or improvement for such damage and restore the Easement Area or improvement to its condition ir.:ncdintely prior to such damage. 3. Access. Grantee Lh:,ll have the right of ingress and egress to the Easement Arc" for the purposes, ,nd only for the x9 purpos. herein specified and for none other whatsoever. * y; 4. Inconvenience to Grantor. All work performed by Grantee, kIt ' - its agents and servants, in and about the exercise of the rights and priviieges granted to it hereunder, shall be conducted expe- ditiously and with the least possible inconvenience to Grantors. " 5. Installations. Grantee covenants that all installations made by it hereunder will be made in accordance with .existing laws and good engineei :g practices. G. Grant Without Ilarranty. Grantors grant this easerent, and Grantee accepts the same, upon the express condition that Grantors make no representations or warranties, either express or implied, in fact or by law, with respect to (a) i:.s title to the Easement Area; (b) any surface or sursurface conditions thereof; (c) any patent or latent defect or dangerous condition thereof; or (d) its title to the existing waterline conveyed hereby. 7. Water Service. Grantors, and each of theta individually, hereby reserve tk.e right to tap for water service, any line of Grantee that may be now or hereafter installed within the Easement Area for the service of adjacent property owned by or uccupied by such Grantor. Such tap shall be allowed without charge to such Grantor. B. Relocation of Fesement Area. Grantors hereby reserve on behaif of the owners from time to time of the lands upon which -2- J.A:;ErM. THIS EASE14ENT gra-ntcCl b;y FORP 7:si1SING T)MLOPMSNT CON"ANY, A Delaware corporation, SOUND FOR), INC. , a Delaware corporation, and PUGET SOUND POWER G LIGITT COMPANY, a 9lashi.ngton corporation (herein collectively called "Grantors") , to the CITY OF RENTON, a „ Washington municipal corporation (herein called "Grantee") : W I T N E S S E T H Grantors hereby grant to Grantee a non--exclusive easement for the purposes only of the construction, reconstruction, main- tenance, removal or relocation of a waterline under and through the strip of land particularly described in Exhibit 1, annexed ry hereto (herein called the "Easc:nz?nt Area") . Grantors hereby convey to Grantee any interef�t Grantors ca have in the existing waterline within the Easement Area and any interest Grantors may have in that portion of such waterline which lies within any adjacent public street or highway, and Grantee accepts the same as part of Grantee's water system. This instrument is executed and entered into on the follow- ing conditions: 1. other Use. Grantors shall at all times have the rig::t to make such other use of the Easement Area as is not inconsistent with Grantee's exercise of the rights and privileges granted to it hereinder. The encroachment of any existing improvements onto the Easement Area shall not be deemed an inconsistent use by Grantors. 2, Damages. Without 'limiting any other provision hereof, if duriig the construction, reconstruction, maintenance, removal STATE OF WASHINGTON ] ]as: COUNTY OF K I N G On this day of b%fore me, a Notary Public in and-Tor the State o ashington, personally appeared to me known tj be the Of RENTON DODGE, INC. , the corporation that executed tie-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 he was authorized to execute sa-4d instrument, and that the seal affixed thereto is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for t e State o ^ Washingtcn, residing at STATE OF WASHINGTON ] ]as: COUNTY OF K I N G ] On this day personally appeared before me VICTOR DIAMBRI and MARIE DIAMBFI, his wife, to me known to be the individuals described in and who executed the within and foregoing instru- ment, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. IVEN under my hand and official seal this 27k day of 1974. (u st,• l-d \ i.-.l NOTARY PUBLIC in and Toro St to of" Washington, residing at -6- I STATE OF MICHIGAN ) SS. COUNTY OF WAYNr. ) On this, day of j, 1974, before me, appeared I , s ; , { !' ii' .,,,.J to me personally known wlyo, being by me duly sworn,, did say tnat he is the Ass-i.$tanc Secretary of FORD LEASING DEVELOP.-fE,1T COMP7:NY, and that the seal affixed to said instrument is the corporate seal of said Cor- poration, and that said instrument was signer] and sealed on be- half of said Corporation by authority of its Boara of Directors, and said ',��/;,JL G',.� , . . l acknowledged said instrument. to be the free act and deed of said Corporation. RUTH H HES - Notary Public,Oakland County,Mich. STATE OF WASHINGTON j Acting in wayne County,Michigan .� ]t•s: My Comm'ss'On Expire: Sept.21, 1977 COUNTY OF K I N G ) On this day of before me, a Notary Public in and for the State o Washington, personally appeared known to me to be the of SOUND FORD, INC. , the corporation that executed the witnin an 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 he was authorized to execute said instrument, and that the seal affixed thereto is the corporate seal of said. corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at - -5- 'Y yk xL . yY EXIMIX T 1 v . h y '+ • . ' . . TO LEASE AMENDMENT NO. 1 I� Farce). to be 'ncludod in Lonsed Premises. (Parcel "W") The Southerly 260.00 feet of the portion of the Northwest AJ' ; quarter of the Northeast quarter. of Section 19, Township 23 North, Range 5 East, W.M. , lying Southerly of P.S.ti. a No. 5, North of the Northerly line of the former Northern Pacific Railroad right of .ray, and bEtween •lines drawn at right angles to the north line of said northwest quarter of the northeast quarter, which are respectively 2178.40 � feet and 2179.3.8 feet measured along said section line o �" ^ from the northeast corner of said Section 19, situate in the City of Renton, County of Ring, State of Washington. ' Parcel to be Included in Teased Premises. (Parcel 'X") ir x Yr ` That portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows: ar Beginning at the Northeast corner of said Section 19, thence N 89`50' 24" W along the North line of said Seo- tion 19 a distance of 1783.40 feet to the center line of the Bonneville power transmission line right of way, said point hereafter called Point "A" , thence North 89050'24" West to a point which bears North 89050'24" West 2179.38 feet from the Northeast corner of said Section 19; thence South 0009136" West 610. 35 feet to the true point of be- ginning of this description; thence continuing South 0009136" Vest 32.71 feet; thence North 35'48'17" West 157. 85 feet to a point designed "Z" ; thence South 66' 47152" East 142.15 feet to the true point of beginning. Containing 2239 square feet. I Parcel to be Excluded from Leased Premises. (Parcel "Y") Beginning at the point designated "Z" in the above described parcel; thence North 55048 ' 17" West 163. 13 feet to the Easterly margin of Rainier Avenue South, State Road No. 167; thence South 41025' 36" West along said nargin 23.52 feet to a point of curare the center of which bears South 48034'24" East; thence South 481 34124" East 20.00 feet; thence Sonthwesterly along the arc of a curve with a radius of 663. 57 feet a distance of 6.65 feet to a point from which the radial point of said curve bears South 49008' 51" East; thence South t. 66047' 52" East 170.18 feet to Point "Z" and the point of beginning of this description. Containing 3140 square feet. i ! F " rY n4xL w 80UliD FORD, INC. BY Its RENTON DODGE, INC. By �_. Its _--- — I By —Its Subtenant. -S- , full force aiid effe,c�, and that LeaseCo is th- tenant thereunder by absignment from Albert L. Cooper and wife as of November 15, 1973. This Lease AmendUnent may be executed in any numbo), of counterparts, and it is contemplated that the parties hereto may execute different counterparts. This Lease Amendment shall become effective when one or more of such counterparts she-11 be signed by or on behalf of each of the partiec- hereto, and such counterparts, which together have been executed by both parties hereto, shall constitute an original of this Lease Amendment; but all of such counterparts shall constitute one and the same instrument. 8. LeaseCo has subleased the demised premises to Sound Ford, Inc. , a Delaware corporation. Lessor is the owner of and has leased premises adjacent to the north of the demised premises to Renton Dodge, Inc. , a Washington corporation, and has consented to a sublease thereof from Renton Dodge to %aQe G.rlu9 Sound Ford, Inc. , Renton Dodge, Inc. , and -cv? .T1�:-5 Ltjpv, T4L%c-'i.IrJC, respectively join in the execution of this Lease Amendment for the sole purpose of hereby agreeing to modification of their respective Sublease and Lease, to permit the above changes in the description of the demised premises as respects their respective leasehold estates. IN WITNESS WHEREOF, the parties hereto ha:e duly executed or caused this Lease Amendment to be executed on their behalf as of the date and year first above written. In the presence of: FORD LEASING DEVELOPMENT COMPANY By �z Its r"ro�r.av � 1 All costs shall be borne by the party making the tap in, a;id the promisee shall be restored by said party to the condition existing immediately prior to such tap in. S. Lessor acknowledges that the monthly rental reserved in the Lease has been adjusted to and is being paid by LeaseCo on the first day of the month, rather than the 24th day of the month, and hereby agrees that such monthly rental shall be payable .in advance on the first day of the month. G. This Lease Amendment No. 1 shall become effective (herein the Effective Date) at such time as all of the documents recited below have been fully executed and delivered to their respective grantees or assignees: a. The Easement for Waterline granted by LeaseCo, found Ford Inc. , and Puget Sound Power and Light Company; (Attached hereto as exhibit A) b. The Easement for Waterline granted by Victor Diambri, Marie Diambri, Renton Dodgc, Inc. and S rC. wrt <fs (Security Trailer) to the City of. Renton (Washington; attached hereto as Exhibit B; C. The Quit Claim Deed from LeaseCo to Victor Diambri and Marie Diambri attached hereto as Exhibit C; d. The Quit Claim Deed from Victor Lirmbri and Marie Diambri to LeaseCo attached hereto as Exhibit D; and e. The Recognition of Assignment to LeaseCo ;the assignee) appearing on page 3 of the Assignment and Assumption of Lease attached hereto as Exhibit E. In the event that by July 30, 1974, the Effective Date has not occurred, this Lease Amendment No. 1 shall be null and void. 7. Lessor and LeaseCo agree that, c _--pt as hereby ex- pressly amended, the Lease is in all respects ratified and con- firmed, and all the covenants, agr=cmen..:c, terms, provisions, rights, privileges and conditions thereof shall be and remain in -3- �., h17. the terms used in this; Lease 7dnNnd_ncnt with i.ni.tial capitalization shall, unless otherwis+a Gcf.fned_hexein, have ti.a meanings given to such terms in the Oriq:.nal Lease. 2. The description of the lewd demised by the Lease is hereby modified by: a. Including in the demised premises the lands de- scribed as Parcel "W" on Exhibit 1 annexed hereto; b. Including in the demised premises the lands de- scribed as Parcel "X" on Exhibit 1 annexed hereto; and C. Excluding from the demised premises the lcnd3 described as Parcel "Y" on Exhibit 1 annexed hereto. 3. The parties hereto recognize that there are certain improvements situated on the premises identified as Parcel "W" , and that there are certain light poles and fixtures situated on the premises identified as Parcel "Y" , all of which shall remain the property of LeaseCo and may be removed by LeaseCo at. its expense. LeaseCo shall be entitled to control the electric Fower to the lights on Parcel "Y" anJ to turn them or. and off as it sees fit. LeaseCo shall be obliged to continue to pay for the electri. .1 power utilized by such lights. If after the date hereof Lessor desires -uch light poles and fixtures to be remo:!d from Parcel "Y", LeaseCo, at LeaseCo's ^x- pense, wili remove or cause the removal of such light moles and fixtures. 4. Lessor and LeaseCo agree that Lessor shall have the right to enter upon Parcel "X" and LeaseCo shall have the right and maintaining to enter upon Parcel "Y" for the purpose of tapping into/the sewer and water lines located within such parcels for service respectively to Lessor's Lind adjacent on the north of the premises demised under the Lease and for service to the premises demised under the Lease. -2- _ r, ;.� �• � �: r;', C trn. • 1. .. of Ltza,o made end entered into as of t):e duy of 11!,Ae4 , 1975, by and between VICTOR DIAL18RI and MARxL his wife (herein collectively called "Lessor") , and FORD LEASING 14t:;ZLgP'MENT COMPANY, a Delaware corporation (her tin called "LcasuCo") , with reference to the following: WYERLAS, on A. gust.' 24, 1961, Lessor entered into a certain. Lease with one A1bur:: L. Cooper (herein called 'Cooper") , whereby Lessor leased to Cooper certain premises in the City of Ren`on, County of King and State of Washington, as particularly 3c3cribed in riech Lease (herein called the "Original Lease") . (The Original Lease was recorded May 25, 1967, with the Auditor of Ring County, 4 Washinnton, under Receiving No. 6160992, and a Supplement therct Rx -' A recorded November 26, 1971, under Auditor's File No. 7111260107) ; As.and WnE1`.EAS, by Assignment and Assumption of Lease made and eirterod into es a: November 15, 1973, between Cooper and LaaseCo, all of the tenant's right, title and interest: under the Original tj Lease was a5r4.cned to LeaseCo; and WHEREAS, Lessor and LeaseCc desire to amend such Original Lease in certain respects, all as hereinafter set forth (such Original Lease as modified by the aforesaid Supplement -,nd by this #=endment, of Lease being hereinafter someiimcs collectively called the "Lease") : NOW, THEREr4RE, this Lease Amendment witneLseth that, in consid^ration of the premiseu, the parties 'h. rcto, intending to be legally bound, horeby agree as follows: t EXHIBIT A wcrall ;3 :.cril!t ic'il Tt5_EX I;IEIT D That -101-r.ion of 1110 DOrLhC:ISL quart,vr of Section 19 , Trn:n::ilip 23 North, lUtq;c 5 East, W.1'1. , {n 1' 411g County, 4.'a:.i.ington, de:;C,, ib .'d as follows; l,et;l I'll in;, at Lice northeast: corner of said SP:AAOII 19; thence. north 89°50'24" west aloe Llte north line of said S:c;:ion 19 .1 list nce of 1783.40 fact to Lite c.•nLrriil,c of the )Souncville Power Transmission Line right-of-way, ;:aid ;.oinc 6areaftcr cc,ll.ed pci.nt ",'," ; thence. north 89°50'24" L.::tiC to a point which bears north 89'50'24" west 2179.38 fact f,t0111 Lhe rortlleasL corner of said section 19; thence south 0°09'36" wo-t 543.06 feet Lo the true point of be;inning of this dc. .,riptioo ; Lhence north 0209'36" cast 32. 71 feet ; thence south 89°50'24" casL 40L.76 feet to the centerline of said trans- 7 mission liar right-o]"-way, said centerline having .a bearing of y South 0°29 '24" i'aFl is measuret! 1rO:" afO"C171CnLioned point "A"• - " R Lnt'nCC South 0'Ii1 `2-," eauC :11011 g, a:;ld transmission LLnC tel7l t-Of- IiA way ccotcrline 300 feet -;are or less to the nortberly edge of a concrete curb on Lite north crly side of South Grady Way; *thence „y'�x• southtaesterly aloo- the norLherly edge of said cancrete curb to u " the easterly margin of Rainier AVCoUe South, State Road Ka. 167• thence WL'Sterly :n:d northerly alma Said castccly margin to a point y 4' on the sol:th lint of the L'orlingcon Nort.he.rn Railroad right-of-:nay; thence alagg :ha easterly n„argin of said Rainier Avenue South the follot-:ing courses and distances: "Y ! a T North 77°20'05" cast along the southerly line of said Railroad right-of-way to a point on the cast line of the guest 50 feat of the northcasL quarter of sai.d Section 19; thence north 1°16'01" can, p:.rallcl to .ne west, line of said nnrL'hc lsl' quarcor a diSLalice of 103.04 feoL Lo the CorL'h lira: of said a ., rai-lrcad right-of-t:ay; thence north 77°20'05" cast along said nrrLh line Ln a point on the cast. Iinc of the .west 65 fact of ;s , the northeast quarter of said Section 19; thence north 1`1G 'UL" Cast 60.86 feet to a point of curve; thence on a - ccu-vr to Lila right the center of vili.ch heirs south S8043'59" east 6411.67 feet, a central angle of 3°54 ' 19" an arc distance of 100.82 feet; thence north 7. 49'40" west along a radial ' line 15 . 00 feet to a point on curve the center which beats south 79°49 '40" cast 603.67 feet; L•heace northerly al ng said ;ya"�► , .' curve to Lila right throug:: a central angle of 31°15' 16" an , arc dist.nncc of 362.03 feet to a point of tangency; thence north 43°34 "24" west 20.00 feet:; thence north 41025136" east 23.52 feet to a point which bears north 55°48' 17" west frbm the true point of beginning; Lhence lcaving, the easterly marlin of said Rainicr Avenoe South south 55°43' 17" cast ' 340.9$ feet Lo Lite true poial; Of beg illll iltg ;, and That portion of the northwest quarter of the northeast qunrt:c:. of Section 11) , Tolnahip 23 Korth, Range 5 Last, 4:.i'1. , lying so:Llterly of P.S .II. %a. 5, northerly of Lac Northern f;ILMC RJH17oad ril;hL-of.-t••c:y , and bctwvell 1 ities draw at right: ankles to the north line of S,:id northwoS t quarter of the ncrthense quarter, which are ra�:pectfvcly 2170".1-.0 ia.'L and 2179.3P, feet moosurod along said section line frou: the ncrlh :cl. corner of said Section 1; -. situate in Lite CiLy of Renton, County of Rirq;, Slate u'imm� tda:.hiny,con. - aim im _— ,twefe, ........_TONT " i WnbNINOTON IILL O1VIf IUN Filed for Record at Requealt of TO - -- — — — EXHIBIT D PORN L Sb R Quit Claire Deed TKg GµpTok VICTOR DIAMBRI and MARIE DIAMBRI, his wife, fmt and in nsideration of the objective of clearing title eaWey and quit claim to FORD LEASING DEVELOPMENT COMPANY, a Delaware corporation, the following described real estate, situated in the County of KING &tato of Washington including any interest therein which &.enter may hereafter acquire: except by purchase; and including therein any leasehold or other secured interest therein: Y As described in "Exhibit A" attached hereto. Dated this tA- day of �.�"�'� � M Y /a C•'-^ / 'CSj-_ISf All Tox-DIaMxRr- . t4A Rr,E`=LiA.'IBR 'lCc STATL Of WASNINGT(A, county of On this day personally appeared before me VICTOR DIAMBR_ and MARIE DIAMBRI, to me known :o be the individual described in and who ezacuted the within and foregoing instrucoo:, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 73 Aivt of , 1974 , W l t aotasy O y afie a nd !oa [he Staff, s6 onakinyton, at } r 'to _ - P.XIIIBIT C r t' QL!at clv.'!'M, Derad (COnrunAT6 FORM) THE GRANTOR , FORD UASDIG D1:VELC"I'l-ENT Call'ANY, a Delaware core cratica for sad in consideratica of the cbJeetive of clearing title, �,, •'"�' „q conveya and quit claimsto VICTOR MI-IBRI and M UE DI MBRI, hie wife, the follov,ne described r•s!estate,situated in the County of King State of Washington including any interest therein which grantor may hereafter acquire: / The southerly 384,,2 feet of that portion of the northwest givarter of the / northeast quarter of Section 19, Township 23 North, Range 5 East, 41,M., lying , southerly cf P.O.H. No. 5, ,vrth of the norihcrly line of the former Northern Pacific Wlread right ,f say, and between lines drawn at right angles to the J=� north line of Raid nor.hwest quarter of the northeast quarter, which are respectively 2178.40 feet and 21?9,3,9 feet measured along said section line from the northeast corner of said Section 19; situate in tkq ^.Sty of Renton, "y County of King, State of Washington, n ,'�" yi t G IN WfT.qfi55 WftERFAF, ssid eorporstioa leas cause) this imtrwrent to be executed by its prover ortxn and its corporate seal to be hereunto affixed this 19th dayof December, 1973 : .................._.......___........ ......._................._................ ..._. FG72D LEASING DSVELOPhf?fT CUVANY, a t j 1v 1,1 De are Ccrporavion........... MICHIGAN Assistant Smeta•y. STATE Or XfY3iQ{S:(re7Ca7, . sa. County of WAYNE t Ms 19 th day of December , 1973 ,before me,the uadcmi„ncd, a Notary Public in and for the State of YV tit.^.t'e+n. duly cummissioned and sworn, personally appeared I'e v i•.:T V. v r NC/•,v 7 Mlichigan sad to me tnoam to be the sanootxxy cL%isa�mtx d Assi.stantSecretary,xagv0ft&—of FORD C�uIYG DEMILOPNEII: the cory:,ratirm that executed the forexoi•rg htstrumem, and acknowledged the said fntirument to be the free act voluntary act and deed of .aid cor!toation, tut the uses and ,wrposes therein iu.ouenrJ, .nd on oatb stated dot l a is authorized to execute the said imtrcmcnt and that the seal affixed is the corporate seal of sail cogwration. '- 1!'i;w::•-•. s--' .�?.1to aq !•-rin afRv:i +b- dey 7-4 ;•e:.r f-t alma wr?urn. : 1:V.1E4 CffE';.T Mery Psbfic r oral /w 1.4 e Sate el W;fi •"a•{� F. r f f,cslV,'d•14r,iY evils Gui,ni:• '.'i:h, e/Wleg It 7 !r ['i.(t;;...-n.••....,._y S EXllI1:I': 1 TO EXHIBIT B That portion of the Northeast Quarter or Section 19, Township 23 North, Range 5 Eant, %J.t4., in King County, Washington, described as follows: Beginning at the Northeast corner of said Section. 19; thence North 89050'71" %lest along the North line of said Section 19 a distance o° 2179.38 feet; thence South 0009'36" West a distance of 543.06 feet to a point•; thence North 55048'17" West a distance of 340.98 feet to a point in the 1;asterly right of way line of Rainier Avenue, South, and the True Point of Beginning of the description of the land subject to easement herein granted, which is: A strip of land lying between a line 10 feet northerly of and parallel to a line described as commencing at the aforementioned True Point of Beginning; the^^_e South 55048117" East a distance of 340.9b feet to a point. h STATE OF WAu):1NCTON ' 3 -tic. _ . COUNTY Or YING on this _ day of , 1974, before me person- ally appeared= to Mt., known to lie the of IU'.NTON DODGE, INC. , that execute-d the oat iin and :ar::goTng instrument and ackno::lcdged said instrument to be the free and voluntary act and deed of the corporation, for the uses anO purposes therein mentioned, and on oath stated that he was authorizcd to execute said instrument and '-' at tha seal affixed is the corporate seal of said corpora- tion. In witness whcrc,)f, I have hereunto set my hand and affixed my official seal the .lay and year first above written. NO'1'AR­Y­_1_3ETULIC:n and for the State e Washington, residing at STATL OF WASHINGTON ) as. COUNTY Or KING ) On this day of , 1974, before me, person- ally appeared , to me known to be the , authorized of the y OF i st TGh, t-i�t executed the whin and foregoing instru- ment and acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and t: at the seal affixed is the corporate seal of said corporation. In witness whereof, I have hereunto set m, hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the Stated Washington, residing at STATE OF WASHINGTON ) ) as. COUNTY OF KING ) On this day of _ 1974 , before me, personally nppcare to me known to be the authorized Of SECURITY 'TRAILER, that executed the within and forodoinq instrument and acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument arid that the seal aFfixud is the corporate seal of said corporation. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY .PUBLIC in and 1.7;r the State o Washington, residinj at 4 IN WITNESS 1111L•'REW, Grantors and Granter! have executed t-;,SB i:istr::r^e»t or caused it to Le executed on their behalf au of this q 7 Qay of , 1974. 1,1 the Presence of: V'i.c or Diambri Marne Diambri RENTON DODGE, INC. By CITY OF RENTON By SECURITY TRAILER — _ By _ STATE OF 19ASHINGTON ) ss. COUNT." OF KING ) On this day personally appeared before me, VICTOR DIldGIIRI and MARIL DIADIBRI , his wife, to r.:e known to bc: the individuals de- rcribad in and who executed the foregoing instru.:.ent, and acknowi- cdrtcd that th.av signed t : same as their free and voluntary act and dead for the uses and purposes therein mentioned. AA Given under my hand and official seals 7-1 day of 1974. !I(i17,?:1 PUUh1L' rn al IQ foe--he SC< to Arjr Washington, reaidir:g at , L4^ t Grantor£ from altf'a again£1: nilj' and itl.l clailr4E, damages, expenses (including, without limi.t,;tlo n, reaaonaLlc attorneys' fees) , fines, penalties, losses and limb lity whatsoev.:r, in any r.=annor arising from or connected witn the easement granted heroin. Al 11. xot.icr._. All notices and other communications required . or pf:rmitted to be given },er.^.under shall be in writing and shall be mailed by certified or registered air mail, postage prepaid, addressed as follows: If to Diambri: If to Grantee: Mr Victor DiamL^r.i City of tentcn 1615 Shattuck Avenue "uth City hall Renton, Washington 98055 Renton, Washington 98o55 If to Renton Dodge: -If to ••-• Renton Dodge, Inc, A 453 Rainier Avenue South !Sv ,s . o N ,t a ! z 1 d s Renton, Washington 96055 or at such other address as may have been furnished to the other parties as above provided. Any such notice, demand or other communication shall be deemed to have been given on the date of registration or certification thereof. 12. Modifications. This Easement Agreement may nct be modified in any respect whatsoever, in ; hole or in par;_, except with the consent of the parties affected by such modifica:.ion, and then only ay written instrument duly exercised. 13. Headings. The headings of the paragraphs of this Eascmcr.t Agreement are for convenience and reference only and shall it •io way modify or restrict any of the provisions hereof. 14. Successors_. The terms and provisions hereof shall be binding upon and inure to the benefit of the respective succe:;sors, assigns, tenants and agents of the parti^s hereto. 1 s �i 'tr4"Z .kT rc 'x o�r<,1�a� (`gx�`�,'"�.Y'' aye€+�a'h �Y r t.. 4T� F,r" a ( . ,: on behalf of the owners from time to time of the lands upon which any portion of the Easement Area is located (heroin called "owner") the right, at the Owncr' f: sole expeuso, to relocate the Easement Area and the waterline therein, if in the sole discretion of the Owner, such relocation �s desirable. An Owner's right to relocate shall be subject to the following conditions: (a) If the wateline is relocated into other lands of the Owner, the owner shall grant to Grantee hereunder a new easement ten (10) feet in width, five (5) feet on either side of t}.e centerline of the relocated waterline, and shall convey title to the relocated waterline to the Grantee. Such new easement and conveyance shall be upon the same terms and conditions as contained herein. (b) If the waterline is relocated into street or highway right of way adjoining the Owner's property,. reloca- tion into such right of ;gay being hereby consented to by Grantee by accept�:nce of this Eascmont for Waterline, the Owner shall convey title to* the relocates: waterline to Grantee. (c) The relocated waterline shall be equal in capacity to the waterline replaced, shall be installed in accordance with existing laws and good engi:;eering practices ar.d shall form a conti- .ts loop. 9. Extinquishncnt of Easement. In the event Grantee ceases to use the Easement Area as part of its water system for a period of ninety (90) consecut vc days, this casement and the rights granted hereunder shall terminate without the neccssity of further docwmenta:.ion. 10. Indemnification. Grantee shall deicnd and indemnify 1 � I F S • f4%ruh! i.s done to the surface of the Eascritent Area or Grantor I-. improva- i taw mcnts thereon, Crantec will reasonably compensate the party in "( possession of ouch part of the Easement Area or improvement for* . such damage and restore the Easement Area or improvement to its .': condition immediately prior to such damage. 3. . Access. Grantee shall have the right of ingress and egress to the Easement Area for the purposes, and only for the purposes, herein specified and for none other whatsoever. 4. Inconvenience to Cantor. All work performed by Grantee, its agents and servants, in and about the exercise of the rights and privileges granted to it hereunder, shall be conducted expe- ditiously and with the least possible inconvenience to Grantors. 5. Installations. Grantee covenants that all installations made by it hereunder will be made in axordance with existing laws and good engineering practices. ,. 6. Grnnt Without warranty. Grantors grant this eascinent, g. and Crantcc accepts the same, upon the express condition that IR ' Grantors mace r.o rcprescntat` or warranties, either express cr implied, in fact o- by law, with respect to (a) its title to t;,c ) Easement Area; (b) any surface or sursurfaca conditions thereof; (c) any patent or latent defect or dangerous condition thereof; or (d) i.ts title to the existing waterline conveyed hereby. 7. Water Scrvicc. Grantors, and each of them individually, hereby re::orvc the right to tap for water service, any line of Grantee that may be now or hereafter installed within the Easement Area for the service of adjacent property owned by or occupied by such Grantor. Such tap shall be allowed without charge to such Grantor. S. Relocation of Easement Area. Grantors hereby reserve -Z- } i� i�Y1MIiII�iW�MV�INN�Yu11Y�I�F, EXHIBIT B THIS EASLIMMT granted y VICTO:2 DZ,U4ISI:Z and MARIE DIAMEla, his wife, and RI:NTON DODGE, 2NC. , a Vlashington corporation, and S C—C v :,T 1 �S 1 N D G�i'd : (°. S 1nC (.I:CUaZTY TRAILER) (herein collectively called "Grantor,") , to the CITY OF RENTON, a Washington municipal corporation (herein called "Grantee") : W I T N E S S E T 11 Grantors hereby grant to Grantee a non-exclusive easement for the purposes only of the construction, reconstruction, main- tenance, removal or relocat`.on of a waterline under and throtigh tr. Exhibit B the strip of land particularly described in Exhibit 1{ annexed hereto (herein called the "Easement Area") . Grantors hereby convey to Grantee any interest Grantors may have in the existing waterline within the Easement Area and any interest Granters may have in that portion of such waterline which lies within any ad;acea:: public street or highway, and Grantee accept, the same as p.:rt of Grantee's water system. This instrument is executed and entered into on the follor:- irg conditions: 1. Other Use. Crantors shall at all times have the right to r ,ke such other use of the Easement Area as is not inconsistent with Grantee's exercise of the •rights and privileges granted to it hereunder. The encroachment of any existing improvements onto thi Easement Area shall not be deemed an inconsistent use by I Grantors. 2. Damages. Without limiting any other provision hereof, if during the construction, reconstruction, maintenance, removal ur relocation of any lines within the Easement Area, any damage • � t • Exurnl': 1 TO EXIIIBIT A 'that portion of the Northeast Quarter of Section 19, Township 23 North, Range 5 East, 'A.f4. , i:; Ling County, Washington, described as follows: Beginning at the Northeast corner of said Section 19; thence North 89050'24" West alone, the North line of said Sect4.on 19 a distance of 2179.38 feet; thence South 00091360 West a distance of 533.06 feet to a point, being the True Point of Beginning of the description of the: : tnd subject to easement hercin granted, consistin, of: A strip of lar lying between a line 10 feet ' Easterly of and parallel _o a line described as commencing at the aforementioned True Point of Beginning; thence South 10OS '36" West a distance " of 401.38 feet, more or less, to a point in the Northerly right-of-way line of South Grady Flay; thence South 12039'17" last, a distance of 21.5rf feet, more or less, to s F.oint on the Northerly curb line of South Grady Nay; and A strip of land lying between lines parallel to.and fi' M 5 feet Northerly and Southerly of a line described `# as commencing at a point which is North 12039117" West a distance of 10 feet from the terminal point of the line described i.m:mcdiately above; thence South 77020143" West, a distance of 100 feet. ti 7 Jr rG.t �o STATE OF` On this _ day of , 1)74, before me pernon- ally appeared— �_ he me known to be the —��-� - Of'I'UGT.T SUU;a PO' i:Si & IIIC;;T CONil'.>+t2Y,Yri+L crc rcited L} c w.itnin and foregoing instrumen ., and acknow.cdgerl Said instrument to be the free and voluntary act and do-.:d of the corpor:atio.'r, for the uses and nurpozes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the corporate seal "` of said corporation. In witness whereof, I have hereunto set my hand and affixed :ay official seal V,e day and year first above written. NOTARY PUBLIC in and for the sta— to _o_f P ` Washington, residing at STATE OF F7ASHI:IGTG:; ss. COUNTY OF ;.11iG ) On this day of , 1974, before me, person- ally appearedi , to me known to be the authorized of the CITY OF iu N:.�a',Lnat exeauted the within and o>goinginstru- ment and acknowledged said instrument to be the free and voluntary act and deed of the corporation, for the usec and p poses therein mentioned, and on oath stated that he was authorizea to execute Said instrumient and that the seal affixed is the corpora Le seal of said corporation. In witness whereof, I have hereunto set my hand and affixed j my official seal the day and year first above written. i NOTARY PUtiL:C in aad for the St-ate of Washington, residing at 4 -7 PUGET FOUND POVIrlt 6 LIGI.71' C01411ANY _ By CITY OF RENTON By STATE OF MICHIGAN ) ss. COUNTY OF WAYNE j On this day of , 1974, before me appeared ; to me personally known, ' who being duiy sworn, say that he is the Assistant Secretary of FORD LFASI14G DEVELOPMENT CODIPANY, and that the seal affixed to said instrument is the corporate s=al of said corporation, and that said instrumert was signed and sealed on behalf of said car- poration by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. NARY PUBLIC 1±n anc) -tor the State Michigan, residing at STATE OF WASHINGTON ) .' ss. COUNTY OF KING ) On this day of , 1974, before me person- ally appeared , to me known to be the of SOUND FORD, INC. , that executed the within and fore7oin, iinstrument, and acknowledged szid instrument to be the free and voluntary act and deed of said corporation., for the uses and purposes therein mentioned, and cn oath stated that he was authorized to execvte said instrument and that the seal of the corporation affixed is the true corporate seal of said corporation. In witness whereof, I nave hereunto set my hand and affixed my official seal the day and year first above writtc:t. NO'PARY PUCLIC 1n e.nd for t. c Washington, residing at 1