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Home My WebLink AboutE 8312050539 � � , � , , , � . , ` � -�`'"�"'" � � � fILED fOR RECORD AT REQUEST OF GRANT OF EASEMENT �CEOF E.� (�K RENTON MU�P��+� #�i�� (u t� � �ty) 20Q Mlll AVE.3�}��:� � ��, �.t�-� �' RENTON,WA 9�`-�=�i.. �:+:,�: ��.�. nn -��, �.� Totway Limited Partnership, a Connecticut limited partnership, Kanton Leasing Corp. , a Delaware corporation and Safeway Stores, Incorporated, a Maryland corporation, atl hereinafter referred to as "Grantor" for and in � consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good C'� and valuable consideration, the receipt of wich is hereby acknowledged, does � hereby grant unto The City of Renton, Incorporated, Grantee, its successors � and assigns, a ten foot (10' ) wide non-exclusive easement for the maintenance, Q repair and replacement of the existing twenty-four inch (24") Storm Drainage � Line (Creek Diversion Line) , beneath the surface of the real property described �.,� on Exhibit "A", attached hereto and made a part hereof. � TOGETHER WITH the right of necessary access from the surface of said real property and the right of necessary ingress and egress over the adjacent land of Grantor at reasonable times for the purpose of exercising the rights herein granted. Provided: First, that any installation, operation, maintenance, repair or replacement performed hercunder shall be at no cost to Grantor unless agreed to in writing by Gran[or,and shall be so performed as to interfere as little as reasonably possible with the use and enjoyment of tlie above described real property and Grantor's adjacent land by persons occupying the same or lawfully present thereon. To effectuate this intent,Grantee shall provide and maintain safe vehicular and/or pedestrian bridges for use by Grantor's customers, agents, employees and invitees, whr,re necessary to maintain reasonable access to Grantor's store and parking lot; and Grantee shall keep the easement and Grantor's adjacent areas free of equipment and inaterials at all times, except when workmen are actively working in the ease►nent area, unless Grantor gives its prior written consent :o do otherwise. Second, if the surface of the easement and/or surface of Grantor's adjacent real property and/or any improvements thereon shall be disturbed by installation, operation,maintenance, repair or replacement,said surface and/or improvements shall be promptly restored by Grantee to their condition just prior to such disturbance. Third, that there shall be no liability on Grantor, its successors and assigns and persons occupying or lawfully present on the easement area for damage, if any, which may be caused by normal and reasonable use of, or vehicular or pedestrian traffic over said easement area. Said normal and reasonable use may include the parking of vehicles on said easement and installation, operation and maintenance of standard parking lot improvements including paving, bumper curbs, light standards and striping. Fourth, that Grantee further agrees that it will permit no mechanics', materialmen's or other liens to stand against Grantor's premises for work or materials furnished Grantee in connection with the easement granted herein,and Grantee agrees to indemnify and hold Grantor harmless from the same. Fifth, that Grantee agrees to indemnify Grantor against and save Grantor harmless from all demands,claims, causes of action or judgments,and all reasonable expenses incurred in investigating the same, for injury to person,loss of life or damage to property occurring on the easement area and arising out of Grantee's use and occupancy of said area. Grantee agrees to maintain adequate insurance covering its obligations as hereinabove stated in respect of injury to person or property and loss of life and will furnish Grantor with evidence of such coverage before commencing any use or occupancy of said easement area. Sixth, that Grantor agrees no building structure shall be erected or permitted on the easement;provided,however,Grantor reserves the right to require, at Grantor's expense, the relocation of all or part of the utilities installed by Grantee herewider to the extent from time to time as it is necessary to permit further development of Grantor's real property. , �, , , . , , � , , ' �� `.� . � , , Seventh, that this easement shall continue so tong as Grantee, its successors or assigns, shall make use of the same for the purpose specified, but upon one (1 ) year's discontinuance of said use, this easement shall be of no further force or effect. IN WITNESS WHEREOF, Grantor and Grantee have executed this Grant of Easementas o� th i s ��'l, day of �C/�C��-- , 19s3. � C"� lt� � CITY OF RENTON, INCORPORATED L1� Cp (a Washington municipal corporation) � D � �„�•!S.•,<,,,,�d, C'7 Y ' �'�,, . f� (Corporate Sea1 ) D Its J� � -� -�-- � b ,�:�� o7c` �4 i� '�� '` /V t C J� O .ti.. [G ✓. �;3• '�"t• �! ''6}, , ' �.�`. �� =� ;r _ ' 1'k�n � tl�: S�IBSC?�1EED AND S�ORN TO BEFORE ME By I t s ��-� : . �"O"""� `��! f� d y:rxy off. 19 �3 .� �:2�� n1 ��i-z.�4, •";,: ``"�"tn�'� ?:"� . �' :.<o :=� �a d for Lha�tut,�of W�s�+i.n�ton (G r a n t e e) •,;.. . . �.�,;~ ri..c;..:.YrE„ Lt��''�"' � 's, �' ,�. .� ^ ,�A � �r .�, ?'J w� t ��,,. I/��..Ii..�, � . ....,.. . ,,'��' , '��x'° �= TOTWAY L I M I TED PARTNERSH I P �' �'r'.��','.-��„`�. _ (a Connect i cut l i mi ted pa rtnersh i p) ;" %r.'• �{� , � � Y �� ' �; '. .3 -- �• ; ByAVAZAR ASSOCIATES, General Partn�r :c> ��''� . R �� ('�arpor�ate Seal ) I ts �� b�' �a� . ... �Y�TEST,: ) By ZAR CO . , a P n - '� � I t s ..�-� By , Assista cret y ce resi KANTON LEASING CORP. �.� (a Dela are corporation�) �r , , � ,j/ 1.�,Gti�-�1-„% � , /�`�-- L �'• � � � BY / A . r,;. T.�` ,sdl'A�(Cor��rate Seal � � Vice Pres� ent - .� c� �`( �� C.� 1' ` V �J +�. - .. . ' ` .�, ' `� " � s Assistant Secretary �. i- � .... ' h ,I `\,, ��F`'' 'y��;�� , � ' ' -.. SAFEWAY STORES, I NCORPORATED q�f , � ,J �f�J�,,,,,,,,,,, �RES, 11`y ,'•., � Ma ry 1 and co rpora t i on) ��o�eo�,yT�� , � . , . � . , �� By ; .o�,'„_, y ; s A i stant U i Pres i dent (Corporate Seai� � , �� B '' ' � (� �.r� Y �` i��"��YL�'�p I ts Ass i stant Secre ry # �� (Grantors) #553 Renton, WA . �i� s..oo -ati� .rra,�,y o,�,.,,� _��.'�� .3r,,,�. � ' + 1 ' , � ZbS•ID ' ' ' • �O ;-i � / . Y�`�i, EX/J T�Nb NN S- /iNE� N. Ca`��j -SW�� '�►r � _ �� ti \ .sGr/��1� .rECTion� !� ; �to ` � ► � \ . ��S , � �� o � i � � � �\ ,$"'�FE W,�Y .STO,eE NO. .SS3 ; C� � � � � � � \ � �n , 0 � � ,. � o\\�,o . . \... v, . � -�� iz �' o� '� , • �� . ti � �, � , � �� s � ., � ��\� SAFE►�.el� FEE �.o�CEL� Ef,C Pa�CE� I � V �\ .. �t a �\"� � � . � N\ \ .E�is T,�vG 2y,. S�oe.y �.t.+,.✓ � � �\ �\ v � , �� v z � o � '�� \ � \ � � �` � � � \ \ � ,� '9� ' � EX•sr��G c.B. ` t 5 C��F: i"_�fl � �� • . iy2.iz - �0 1 zi�t- 6`f I � 1 ( � � o SAFEWA f/ II � 1 N STo�eE SS3 � � ' ': fC�C �.QrCCEL rl fl�G //� /9�3 ( o TEX�� /NG. � o � o, M B,Pf1 No. 910/6f( � v y � � ' 1 � � �� 1 v r ? � � ` o �V � �.�—/S�, � 1�.-. l.� _ _ /f�I. �l _. _. _ E�v1T/N�- /`f�✓• L/ . 4�I _ _ _ _ '�3 3.oZ" 36 . . � `�.� k . . � � � n�,�: � � ST. a /� Z �/'SW lat.v6L� SEcT�� o s, 88� oZ� .SB"E, a�ic� pOED i HtTCHINGS, INC.. P.S. � ,$'. /�.r E 3.�c r�o.r /D C�Et1tiM1EE11!�t,Alla MIRYEYt�1t� '�/ ' ' J� ( . • . , � , BUS; ., ROED & HITCHINGS, Irvc. �I4Bd_QBA1�1_EA�EdE�1I A STRIP OF LAND, 10 .00 FEET IN WIDTH LYING 5 FEET ON EACH SIDE Pj OF THE FOLLOWING DESCRIBED CENTERLINE : C'� p COMMENCING AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 23 � NORTH, RANGE 5 EAST, W . M. , IN KING COUNTY, WASHINGTOy ; THENCE O NORTH 0 °25 � 13 " WEST ALONG THE WEST LINE OF SAID SECTION 10 A � DISTANCE OF 42 .04 FEET; THENCE SOUTH 88 °02 '58" EAST PARALLEL � WITH THE SOUTH LINE OF SAID SECTION 10 A DISTANCE OF 40 .03 FEET ', GO TO THE INTERSECTION OF THE EAST MARGIN OF UNION AVENUE N. E. W ITH THE NORTH MARG IN OF N. E. 4TH STREET; THENCE NORTH 0 °25 � 13" WEST ALONG SAID EAST MARGIN 158 . 00 FEET; THENCE SOUTH 88 °02 �58" EAST 142 . 12 FEET TO THE EAST LINE OF THE WEST 182 .00 FEET OF SAID SECTION 10; THENCE NORTH 89 °43 ' 21 " EAST 5 .08 FEET TO THE TRUE POINT OF BEGINNING ; THENCE NORTH 10 °21 ' 20" WEST 14 . 22 FEET; THENCE NORTH 19 °34 � 11 " WEST 425 . 65 FEET TO INTERSECT THE EAST LINE OF THE WEST 45 .00 FEET OF SAID SECTION 10; THENCE NORTH 0 °25 ' 13" WEST ALONG SAID EAST LINE 7 .00 FEET TO THE SOUTH LINE OF THE NORTH 694 .00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10 AND THE TERMINUS OF SAID CENTERLINE . „s�.�� d�1P°��,HlT�` ��.�� w S � �� SAFEWAY STORES, INC. � �o \ STORE N0 . 553 { � RENTON HIGHLANDS - z ; BRH JOB �82016K � OCT. 7 , 1983 A �O .,��, D I S C 4 4 s G�S T ER J��`��► A L H '=S��NAC LANO S�/�'' —.��rii</�� YB�.�'. � � ,- , , • • ' ' . � . . , , STATE OF CALIFORNIA ) ) ss . �j COUNTY OF ALAMEDA ) C`� 11� g 7th October , 19 83 , before me , 11� On this day of � the undersigned , a Notary Public in and for the County of � Alameda , State of California , duly commissioned and sworn , � personally appeared Joseph T. Zichichi and Brian E. Gfl McLaughl in , to me known or proved to me on the basis of satisfactory evidence to be the Assistant Vice President and Assistant Secretary , respectively , of SAFEWAY STORES , INCORPORATED , a Maryland Corporation , 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 tnat they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. .�_ .�/f'. (Notarial Seal) NOTARY PUBLIC in and for the State � � ��-'�-'��'�`" of California, with principal office OFFYCIAtL SE.�L �� in the County of Alameda, residing at lEE A. GOODHART ��t Oakland, Cal ifornia ��, NOTARY PUBLiC-CALtFURNIA�"a; � COUNTY OF ALAMEDA '�' 3/20/a]. My Commission Ezpires Mar.20,1981' ':' M y c o mm i s s i o n e x p i r e s : �:�-�.�� -�. �.: . tdash . Acknowledgment . �TATE OF NE��' YORK ) ) ss . . COUNTY OF NEW YORK ) On this �� day of October, 1983 , before me personally appeared A My 7, W►T k-�F��" and l-yNiJ Z (��Ay to me known to be a Vice � President and an Assistant Secretary, respectively, of Zar Corp. , � a Partner of Avazar Associates , the Partnership described in and 1n Q which executed the within and foregoing instrument as the General � Fartner of Totway Associates Limited Partnership, and acknowledged � that they signed the same as their free and voluntary act and deed � and as the free and voluntary act and deed o� said Corporation � and as the free and voluntary aet and deed of Totway Associates Limited Partnership for the uses and purposes therein. Given under my hand and official seal this /�1�1, day of Octaber, 1983 . „�:,��„��•�-,. /��.�i�Q�t� �-. ��'Y � . �,. ; , y•' - ' � �.,rre.`'�._ Notary Public in and for the . '- TpYLOR '+� ,-v.�� i�r y ... - State Of NeWgRi'A�k• tate of t�few York ' f :A, -. NpTARY PUBLIC,4�672,3 ; [,S��1 � : No. 3 � C30,��+4 '' Qualified ��i�s Ma h ; �r.:'` �.t rJ l,�G •�;' ' CpYynission , �;��;�, �i' o..,.-',"`� �� ,, , 1; � �' �," ,��`' �„�,��,�,�,•.. STATE OF NEW YORK ) ) SS.. � COUNTY OF NEW YORK ) On this �� day of October, 1983 , before me personally a�peared N�N��' ��°`N►=�t- and SA►�c�7i `pAUIUDu:>CL , to me known to be a Vice President and an Assistant Secretary, respecLively, of Kanton Leasing Corp. , the corporation that executed the within and foregoing in- s�rument, and acknowledged the said instrument to be the free and veluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said �orporation. IN Yv'ITNESS WHEREOF, I have hereunto set my hand and affixed mv of`icial seal the day and year first above written. ` �,,,"e��.{..,,f.� . �`t �Y�..�`k G �'. /1�(. � �"/ (.f,�" �`�� , �-' =. '' ��' !� Notary Public ' n and for the ` "` ' �' � .. ; " - State of New York ., �� _ :�� . �-. �' `"= ' B�IAN L. 7r�Yr.UR york � ��=�'r �� ' J.��rARY PUBLIC, State ot iVew 1 �„`- No. 31•4767243 �� in New York Countj98� +'.��;,'�"`,r' , � �Qualifed 30 c � ires Mar�h . , ��'�',,�'� �ssio9 F�l°. ,��,��„�_� �.-_— � t �'Ir-,r5 _�tii,�* . ,;i�; <,.!., ,_ .. _ . ��t �_ ^' _ . . �QJ�'(:i:�t1�..if,� �. .__.,_. �yt� ,� �T i� r ^-:r; �,U 4 ��1�r 1 � � �'-�. ��. ;��:1 ;i�a L ��;��+:;:;�� 1 � . � , �°T � �, � . . . , • . . CONSENT The foregoi::g �:rar_� of Easement (Utility) is hereby approved by Lloyd Realty Corp. , a� the beneficiary under that certain Deed of Trust, dated as of r�gust l, 1983 , from Totway Associates Limited Partnership, a Connecticut limited partnership, and Safeway Stores , Incorporated, a Maryla-�c corporation, as grantors , to Transamerica Title Insurance Company, as trustee, and to Lloyd Realty Corp. , a Delaware corporation , as beneficiary, with respect to the real � property described as �C� Parcel I on Exhibit "A" of said Grant � af, Easement. � O � r ', r.' ��< �. � „�.��r�oi;��.e. Seal ) - _ ._� , � �- � .`j' �� • ��';'-- = Title . Paul S. Allersmeyer =--*" �1 "� Vice President R " • _��'�'��:`: . �•� �d'�U�;,r a�N 4��• �.', �. ,�fl.� . �� L V Title - �J n S. Hoenigma n A istant Secre � ry STATE OF NEW YORK ) ) ss . . COUNTY OF NEW YORK ) Before me Tamm� Lavelle on this day personally appeared paul S. Allersme�er and John S. Hoeni�mann , known to me to be the persons whose naines are subscr_b�d to the foregoing instrument , and known to me to be the Vice President and Assistant Secretary of LLOYD REALTY CORP. , a corporat=on, and acknowledged to me that they- executed said instrument for th� purposes and consideration therein expressed, and as the act of said corpc�ation . Given under ny hand and official seal this 17th day of October, 1983 . 7 � �� ,� �� ; � _ i �Z��rnv � :� <�- {� t,�, Notary Publi in and for said ��:' ��' ��`��` County and ate ...--• • • = " ,t�I��p�,��Ya 1�:�Sea l ) _y.�V f.�•. ��C� t� f ' �� '' -M� co ission expires : T��, J�VELLE Notaty Pubtic, State of New York No. 31•47757!i Qualified in New York County Commissioa E:pires March 3q 19s4 II CONSENT The foregoing Grant of Easement (Utility ) is hereby approved by '�iellon Eank, N.A. , and J. H. McAnulty, trustees ( collectiv�ly called "Trustees" ) for the registered owners of the 13� Collateral Trust tlotes Due September l , 2003 , as the assignees of all the right, title and interest of Lloyd Realty Corp. , a Delaware corpora- tion ( "Lloyd" ) , under the Deed of Trust , dated as of August 1 , 1983 , from Totway Associates Limited Partnership, a Connecticut � limited partnership, and Safeway Stores , Incorporated, a Maryland � corporation, as grantors , to Transamerica Title Insurance Company, � as trustee, and to Lloyd, as beneficiary, pursuant to the Assignment 0 of the Deed of Trust , dated as of August 1 , 1983 , from Lloyd , as � assignor, to Trustees , as assignee, with respect to the real property rl described as ECR Parcel I on Exhibit "A" of said Grant of Easement . C� ,.,�+.��r � ATTE�T`: , ;�;`'�, .,� - - MELLON BAI�K, N.A. ...,� . .� ` � � .� � , ,,,� r. �, . _ 1 � By d�'i.'�i' ,�-,�,��L�''�� gy �� _- . , t Offi� � Assistant Vioe Presid � �� . �� _ . ••.•••', � . Mc nult '-. .,, ,.• ''��,,.,.,.,,,, , COMMONWEALTH OF PENNSYLVANIA ) , ) ss . . COUNTY OF ALLEGHENY ) . On the �� day of October, 1983 , before me personally came W. M. McNamee and p, J, ��,�� , to me known , who , being by me personally sworn, did depose and say that tliey reside, respectively, at 45 Frances Dr., Coraopolis, PA 15108 and 9 Ridgecrest Drive, Pgh., PP 15235 , that they are the Assistant Vice President and Trust Officex , respectively, of NELLON BP.NK, N.A. , the national banking association described in and which executed the above instrument ; that they 'Know the seal affixed to said instrument ; that the seal, ��,ffix-�d Lo said instrument is the seal of such national banki g �r`s�;ociation, and that they signed their names thereto by like .b�3 'r.• ' � , i� ''�C� '"i ��a.--�--- otar Publi�" irr' and f�r ; t�he �� County and Scb�•te, t�t '�, -,�..� �i ii� 1' , �, .;. (Notarial Seal ) ` d � , . � `"y � ,�'�r ,� r �',� . My commission expires : `'�� h".A.R't`T. 4'J�INHEIP�IER, ^Jc'ary i;;u'i� Pittsburgh,AIleghery Cc��r'iy, PA My Commission Expires Jan.2, 195ii CON:MONjti'EALTH OF PENNSYLVANIA ) ) ss . . COUNTY OF ALLEGHENY� ) � On the �b�-- day of October, 1983 , before me personally came J.H. MCANULTY, to me known to be the person described in and who executed the foregoing instrument , and acknowle.d�� that , he executed the same , as trustee. . ; �� ' . �' � •�. � � J i� . , :'. ` r � y L'y� � �— otar Public,.�in' ��fp :sai:d ' Count and St,a�� , , �"° , �' (Notarial Seal ) 'f�;�,� J � � y :•'y Co:�u^:ission Fxpires : �ViP�RY T.l"IE!NHEI""cR.Noi&��y Pui,F� Piit�Lur;�n .,.��'��ny ��ui;ty, P,� � �.�, �l�,y(�nnn- ��nir�c yui 9 IQ��; ' � ' CONSENT � The foregoing Grant of Easement (Utility) is hereby approved by '�:ellon Bank, N.A. , and J. H. McAnulty, trustees (collectively called "Trustees" ) for the registered owners of the 13� Collateral Trust idotes Due September 1 , 2003 , as the assignees of all the � right, title and interest of Lloyd Realty Corp. , a Delaware corpora- • tion ( "Lloyd" ) , under the Deed of Trust, dated as of August 1, 1983 , from Totway Associates Limited Partnership, a Connecticut � limited partnership, and Safeway Stores, Incorporated, a Maryland � corporation, as grantors , to Transamerica Title Insurance Company, O as trustee, and to Lloyd, as beneficiary, pursuant to the Assignment � of the Deed of Trust , dated as of August 1, 1983 , from Lloyd, as � assignor, to Trustees , as assignee, with respect to the real property � described as ECR Parcel I on Exhibit "A" of said Grant of Easement . � ��,,,,.��,,,,�� ATTEST: ;•'` .�, - - MELLON BA23K, N.A. , � . . .��....,� � , . . •. � . ,"'.%� r � •. �� , r,• � � ��- ay: � �, -�-�i,�iFt:ti� �/1 gy; � . t Offioe�': Assistant Vioe Presi • +-; .; � �- .•' • •�••••' Mc nult ••, . . ,,�� ,,. '��,,�,��.,,,,•. COMMONWEALTH OF PENNSYLVANIA ) . ) ss . . COUNTY OF ALLEGHENY ) , On the �� day of October, 1983 , before me ersonall P Y came W. M. McNacnee and P. J. Ge�m-�nawski , to me known, who, being by me personally sworn, did depose and say that they reside, respectively, at 45 Franaes Dr., Coraopolis, PA 15108 and 9 Ridgecrest Drive, Pgh., PP. 15235 , that they are the Assistant Vice President and Trust Office,r , respectively, of MELLON BANK, N.A. , the national banking association �escribed in and which executed the above instrument ; that they know the seal affixed to said instrument; that the seal, ��ffix�d to said instrument is the seal of such national banki g� e±ss:4ciation, and that they signed their names thereto by like ,a�d r:•� `.f,, ��;; . l _ , � ` - .��• � otar Publi� :i an�l fqr;�h� County and ,&�;te O�s •�, �,,,►� � '� Zl V L �.•� (Notarial Seal ) � . r, j�� . �,.•,� My commission expires : 1,��N��t�.� t\ MARY T.VdEINHEIP�tER, Noiary r^�iulfC Pittsburgh, Allegheny Cc�uity, i'A � My Commission Expir�s Jan.2, 1�8u COMMONWEALTH OF PENNSYLVANIA ) ) ss . . COUNTY OF ALLEGHENY ) r � On the jd�- day of October, 1983 , before me personally came J.H. MCANULTY, to me known to be the person describ�d in and who executed the foregoing instrument , and acknowle.d � ' �t�haz�, he executed the same, as trustee. ' � �" • ', '� . ., , . � �� 1 �ij .�* �''. t �,� • �'� ,- r-- otar Public,.�i•�r �il .�ai�d ' Count and St;,a�� , � � � � �1 (Notarial Seal ) �'� '� � � � '`��.... !�:y Co.�u*��ission expires : MF,RY T.l"!E!NHEIh1ER,Notary Public PilfsLur,.�i, ,4ii��ghany f,:�un,y, P� My i.,�„„ � E,�N-1,�, �, ii�6 F�:� CERTIFICATE AND UNDERTAKING KANTON LEASING CORP . , a Delaware corporatio� ( "Kanton" ) , and the lessee ur_der the Master Lease Agreement , datec� as of August l , 1983 (the "Lease" ) , between Totway Associat�s Limited Partnership, a Connecticut limited partnership ( "Totway" ) , as lessor, and Kanton, as lessee , hereby certifies to Totway, as lessor, and to Lloyd Realty Corp. , a Delaware corporation ( "Lloyd" ) , �j as beneficiary under the Deed of Trust , dated as of Au.gust l , 1983 , � from Totway and Safeway Stores , Incorporated, a Maryland corporation, � as grantors , to Transamerica Title Insurance Company, as trustee, � and to Lloyd, as beneficiary, and to Mellon Bank, N.A. , and O J.H. McAnulty, as trustees ( collectively called "Trustees" ) � for the registered owners of the 13o Collateral Trust �7otes � Due September 1 , 2003 , as_the assignees of all the rig�t, title GO and interest of Lloyd under the Deed of Trust pursuant to the Assignment of the Deed of Trust , dated as of August 1 , 1983 from Lloyd, as assignor, to Trustees , as assignee, with respect to the leased premises (as defined in the Lease ) that : l . The Grant of Easement (Utility) , dated as of October ? , 1983 (the "Easement" ) , which is herewith contemporaneously executed, is not detr�mental to the proper conduct of Kanton ' s business on the leased premises . 2 . No monetary consideration is being paid to Kantan for the Easement. 3 . The Easement does not materially impair the effective use of the leased premises for the purpcses for which they are now held by Kanton or ad��-ersely impair their value . Kanton hereby agrees that it will remain obl�gated und2r the terms of the Lease to the same extent as if �.he Easement had not been rnade and delivered , and Kanton will perfar.m all � obligations of Totway, if any, under the Easement . . This Certificate and Undertaking may be reli�,d upon by Totway, Lloyd, and Trust'ees . IN S�7ITNESS WHEREOF, Kanton has caused this C�rtificate and Undertaking to be executed as of October 7 , 1983 . KANTON LEASING CORP. , a Del are corporation ,,�,,,,,.�.,.,,.,, . K ' r , �, � � ;;r. �'�� I-� By , �; r�> ,�� Vice Preside a�� ' �• 6" " 'pfTZ � • ' �'i ;' c�-�;��;te seal ) . �:y ��, ��y _� >'; .:�,T•'�'��-`�': '; _ . ,,,� , � � � � �y �--_$y ;11LAA.,'��.,..`_� U ueL..l..+�.:�:�..�. - .(� ,i A�sistant ecretary 1 C�RTIFICRTE Ar1D UNDERTAKING SAFEWAY STORES , INCORPORATED , a Maryland corporation ("Safeway") , the sublessee under the Sublease and related Sublease Modification Agreement, dated as of August 1 , 1983 (the "Sublease" ) , between Kanton Leasing Corp. , a Delaware corporation ("Kanton" ) , as sublessor, and Safeway, as sublessee, hereby certifies to Kanton, as sublessor, and to Totway Associates Limited Partnership, a Connecticut limited partnership Qj ("Totway") , as lessor under the Master Lease Agreement, dated as � of August 1 , 1983 (the "Lease" ) , between Totway, as lessor and Q Kanton, as lessee, and to Lloyd Realty Corp. , a Delaware N corporation ("Lloyd") , as beneficiary under the Deed of Trust, � dated as of August 1 , 1983 , from Totway and Safeway, as grantors , r„� to Transamerica Title Insurance Company, as trustee, ar_d to �y Lloyd, as beneficiary, and to Mellon Bank, N.A. , and J.H. � McAnulty, as trustees (collectively called "Trustees") for the registered owners of the 13% Collateral Trust Notes Due September 1 , 2003 , as the assignees of all the right, title and interest of Lloyd under the Deed of Trust pursuant to the Assignment of the Deed of Trust, dated as c.f August 1 , 1983 , from Lloyd, as assignor, to Trustees , as as�i�n?P, �aith respect to the leased premises (as defined in the Lease) that: 1 . The Grant of Easement (Utility) c?ated as of October 7 , 1983 (the "Easement") , which is herewith contemporaneously executed, is not detrimental to the proper conduct of Safeway' s business on the leased premises. 2 . No monetary consideration is bein.g paid to Safeway for the Easement. 3 . . The Easement does not materially impair the effective use of the leased premises for the purposes for which they are now held by Safeway or adversely impair their value. Safeway agrees to protect, indemnify and save harmless Totway, Kanton, Lloyd and Trustees from and against any and all expenses, liabilities , costs, causes of actions , suits, claims , demands or judgments of any nature whatsoever which may arise in connection with or by reason of the Easement. Safeway hereby agrees that it will remain obligated under the terms of the Lease and Sublease to the same extent as if the Fasement had not been made and delivered, and Safeway will perform all obligations , if any, of Totway and Kanton under the Easement. This Certificate and Undertaking may be relied upon by Totway; Kanton, Lloyd, and Trustees. IP1 VdITNESS WHEREOF, Safeway has caused this Certificate and Undertaking to be executed as of October 7 , 1983 . SAFEWAY STORES, IrtCORPORATED ,��RES /HC (a Maryland corporation) 5 pRP�RqT �� , �,_, � , . rate �► By �. W1926 � s A sistant U e President n-� v-� � 0 O' By . -_ � � ` q(��p� Its Assistant Secr ary * #553 Renton, WA ' , � • . . � • . • • . 0) c� � 0 u� 0 � � r� � STATE OF CAL I FORN IA _ ) ) ss . COUNTY OF ALAMEDA � ) On this 14th day of October , 19�_, before me , the undersigned , a Notary Public in and for the County of Alameda , State of California , duly commissioned and sworn , personally appeared �Q,S�pH T Z(.�FiISFiL and q�y� � MG LAU�HLIN , to me known or proved to me on the basis of satisfactory evidence to be the Assistant Vice President and Assistant Secretary , respectively , of SAFEWAY STORES, INCORPORATED � a Maryland Corporation , the corporation that executed the foregoing instrument and ackno�aledged 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 are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation . WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written . ��/ —��— �. (Notarial Seal) J NOTARY PUBLIC in and for the State ��---�- -��_• . _ of California , wi.th principal office p1�7E1�.Y:�l �;,L"��`�`-;�y 'in the County of Alameda , residing at �` �: �EE A. GOODHAR7 Oa k 1 a n d, CA `-�� ':?'� NOTARY PUBLIC-CAL'rFORNIA COUNTY OF ALAMEDq ;�fy commission expires : 3/20/87 Mp Commission Expires Mar.2Q,tgg7 ; ��;.�.?:a--y . . -<'-G--�'_ , , . . . . _ �• � . , , � , � ' . . � . October ��, , 1983 Mellon Bank, N.A. and � J. H. McAnulty, as Trustees M Corporate Trust Division tn Mellon Bank � r4ellon Square � Pittsburgh, PA 15230 � r"'� Re : Totway Associates Limited Par�nership � Renton , Washington Ge�tlemen : Reference is made to Section 4 . 4 of that certain Collateral Trust Indenture, dated as of August l , 1983 , between Lloyd Realty Corp. , a Delaware corporation ( "Lloyd" ) , as grantor, and DZellon Bank, N.A. , and J.H. McAnulty, as trustees . Your consent is hereby requested in connection with tne execution of a certain Grant of Easement (Ltility) , dated � as of October 7 , 1983 (the "Easement" ) , between Safeway Stores , Incorporated, a Maryland corporation ( "Safeway" ) , Totway Associates Limited Partnership, a Connecticut limited partnership ( "Totway" ) , Kanton Leasing Corp. , a Delaware corporation ( "Kanton" ) , and The City of Renton, Incorporated, a Washington mur:icipal corporation, granting to The City of Renton, Incorporated, its successors and assigns , a ten foot ( 10 ' ) wide non-exclusive easement for the maintenance, repair and replacement of the existing twenty-four inch ( 24" ) Storm Drainage Line (Creek Division Line ) , beneath � the surface of the real property described as ECR Parcel I on Exhibit "A" attached to the Grant of Easement . Lloyd hereby certifies that such action is permitted by that certain Master Lease Agreement , dated as of August l, 1983 (the "Master Lease" ) , between Totway, as lessor, and Kanton, as lessee , that certain Sublease and related Sublease Modification Agreement , dated as of August 1 , 1983 (the "Sublease" ) , between Kanton, as lessor , and Safeway, as lessee, and that certain Deed of Trust, dated as of August 1 , 1983 (the "Deed of Trust" ? , from Totway and Safeway, as grantors , to Transamerica Title Insurance Company, as trustee, and to Lloyd, as beneficiary, and that all of the conditions of the Master Lease, Sublease , and Deed of Trust with respect to such action have been complied with. - � Very truly yours , LLOYD REALTY CORP. By: 1 ��,�. �-'��--� President , � . � . � � • ' • • - . � �F R�� o PUBLIC WORKS DEPARTMENT � C� �-; z DESIGN/UTILITY ENGINEERING � 235-2631 � � � MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 9,0 �• o9��F� SEP��O�P BARBARA Y. SHINPOCH MAYOR � � MEMORANDUM 0 � � Date: November 22, 1983 � e-1 � To: Maxine E. Motor, City Clerk 00 From: Don P�ionaghan, Uesign Engineer Re: Grant of Utility Easement Safeway Stores, Inc. Will you please have the attached easement recorded and charge to: Account # 000/000/532.20.49. 14 Thanks: :jft ��-�v - s�3 , �.�� .�� `� p __ _ - _ �� - �o� � �, �: _�.� �� - � �� CITY CLERK I