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Home My WebLink AboutE 20090514000330 . '� ' ' ' , , Return Address: City Clerk's Office City of Renton R nt n�WA 98057Way 20090514000330 CITY OF RENTON EAS 48.0 PAGE001 OF 007 KING4COUNTY,9WAZ WATER UTILITY EASEMENT Property Tax Parcel Number: 182305-9227 and 182305- 9234 Project File#: B080044 L/C; 046-0017 Street Intersection or Project Name: Renton McDonald's at 73 Rainier Avenue South Reference Number(s) of Documents assigned or released: Grantor(s): Grantee(s): 1. McDonald's USA, LLC 1. City of Renton, a Municipal Corporation ��t-�� CORPLEGAG#537327-v3-046-0017_Renton WA Water Utility_Easement\ Page 1 13338.012.doc FORM 03 0009/bh/ , � . The Grantor(s),as named above,for and in consideration of $]0.00(ten dollars)and other valuable consideration,do by these presents,grant,bargain,sell,convey,and warrant unto the above named Grantee,its successors and assigns,a non- exclusive easement for public water line with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described as follows: See attached legal description and graphical depiction C:\Documents and Settings�nc04911�Application Data\Hummingbird\DM\Temp\CORPLEGAL-#537327-v3-046- 0017_Renton_WA_Water Utility_Easement.DOC\ Page 2 For the purpose of,reconstructing,installing,repairing,replacing,enlarging, operating and maintaining Water Line utilities and utility pipelines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its Facilities,("Facilities")Grantee may from time to time construct such additional Facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,immediately remove its toois,h•ash and debris and restore the surface of the easement,and any private improvements or landscaping disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before cominencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perfonn other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,administrators and assigns forever. Addendum attached hereto and made a part of this Water Utility Easement. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this /0�hday of r, � 20 d g. �'l�Oor w luI`s US,q � L LC � -�.�� /CChi1l�� . ✓`►rht/ Slh/ ��Qyhs� � INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary eal mu� thin box STATE OF�+�t',�('�i )SS Illinois J N COUNTY OF�If�Nf� ) DuPage �� N I certify that I know or have satisfactory evidence that Kenneth S. Shiner, �� Senior Counsel of McDonald's USA, LLC signed this instrutnent and 2 �v ��; acknowledged it to be�her/their free and voluntary act for the uses and purposes ' z mentioned in the instrument ()� UO u- � �c�n G� �C c�ig O ;_ -' a� No ry Public in,and for the State Washington �z � Notary(Print) JoAnn M. Carmody My appointment expires: 2�23/2010 Dated: �prii io, zoog Document#:537327-v1 CORPLEGAL-#537327-v3-046-0017 Renton WA Water Utility_Easement\ Page 3 13338.012.doc FORM 03 0009/bh/ ADDENDUM 1) Grantee will keep the Facilities in good maintenance and repair at its sole cost and expense. Except when necessary, Grantee will not perform any repair work between the hours of 11:00 a.m. to 2:00 p.m., unless Grantee obtains Owner/Operator consent to do so. 2) Grantee will give written notice to Grantor at least 10 days before beginning any work in the easement area, which notice will specify the work to be performed and a date when the work will be completed. Grantee wiii use its best efforts to compiete the work by that date. In an emergency, Grantee may make immediate repairs despite the language in this section. 3) Grantee will separate by cones or other appropriate construction safety barriers ("cone off") the easement area while Grantee performs any work in the easement area. 4) Grantee will perform all work in such a manner so as to not unduly disrupt the operation of the McDonald's restaurant on grantor's property. Grantee will "cone off" no more than 4 parking stalls at any one time, and will not "cone off" or block in any manner more than half of any access drive at any time, allowing at least one lane open at all times in each access drive for vehicular traffic. In an emergency. Grantee may make immediate repairs despite the language in this section. However Grantee will keep one lane open at all times. 5) Grantee will not park on or store any construction vehicles, equipment or materials on Grantor's other property. 6) If Grantee defaults under any provision of the easement agreement, in addition to any other remedies available in law or equity, Grantor will be entitled to obtain specific performance or any other appropriate equitable relief against Grantee. 7) To the extent allowed by law, Grantee will hold harmless and indemnify Grantor, its lessees, licensees, employees, agents, contractors and assigns, and each of their lessees, licensees, employees, agents, contractors and assigns, against any and all claims, liabilities and costs (including, but not limited to reasonable attorney's fees) for injuries to any person and damage to any property arising out of, in connection with, or as a result or consequence of Grantee's work in and/or use of the easement area. C:\Documents and Settings�nc0491 I�,Application Data\Hummingbird\DM\Temp\CORPLEGAL-#537327-v3-046- 0017_Renton_WA_Water_Utility_Easement.DOC\ Page 4 FORM 03 0008/bh/ lNDIVIDUAL FORMOFACKNOWLEDCMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this insh-ument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the insh-ument Notary Public in and for the State of Washington Notary(Print) � My appointment expires: Dated: REPRESENTAT/VE FORM OF AC/CNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) 1 certify that 1 know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACICNOWLEDCMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of ,20_,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: C:\Documents and SettingsUnc04911�Application Data�I-Iummingbird\DM\Temp\CORPLEGAIr#537327-v3-046- 0017_Renton_WA_Water Utility_Easement.DOC\ Page 5 FORM 03 0008/bh/ LEGAL DESCRIPTION WATER EASEMENT That portion of Section 18, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington, within the bed and shores of the Black River, described as follows: BEGINNING at a point on a line drawn parailel with and 50 feet Southeasterly, when measured at right angles, from the centerline of access road, Renton Avenue Extension, a distance of 150 feet, measured along said parallel line, from its intersection with a line drawn parallel with and 75 feet Westerly, when measured at right angies from the centerline of Primary State Highway No. 5, Seattle to Renton; THENCE North 55°43' 10" East, 150 feet along said 50-foot parailel line to a point on said 75-foot parallel line; THENCE South 06° 50' 19" East, 130.17 feet along said 75-foot parallel line to the TRUE POINT OF BEGINNING; THENCE South 83°09'41"West at right angles to said 75-foot parallel line, 15.00 feet; THENCE South 06° 50' 19" East, 15.00 feet; THENCE North 83° 09'41" East, 15.00 feet to a point on said 75-foot parallel line; THENCE North 06° 50' 19" West, along said 75-foot parallel line, 15.00 feet, to the TRUE POINT OF BEGINN(NG. Situate in the City of Renton, King County, State of Washington. � J. ' � ��'��° wns � o �`� �;; ,� � y f � 'D R� ."� O FJ, ,pf,2 28�p �� ip � STE`� SO �A� L A�� DATE SIGNED �� v vU Projed Name: McDonald's-Renton October 28,2008 DJS/PW�ss 13338L.001.doc : ' . ' EXHIBIT w�w � � � � � j c.+ a 0 o q� �� i � � w �' w �w�i= A �� m � z z cn cn � � rn c�.+,02 c'; z � � � o�o� rn m '� v i,, f�� m mZ \ . �� w �m r*i� m �--� � X C.71(J1 Cn CJ1 �O �� = o000 oy i o000 1 � �6`9Z�Zl1 � �9GF � �� y�� v � � � I �� y �F N `, ��I ��i°� N � P F �`' a g m � m ; � � � $. . a � � > � o � _ � � � ,Lt'0£L 41 ,00'06 t 3.6��OS.90S J. v D o� r � m rn `i m c>v �= zo x ?� � z c� � _______ ' 3ti N da Hlnos -- l5� HSd)3f1N3�d Scale: FO�: Job Number Horizontal 1" = 40' Vertical 13338 �GHqV� KB�S�A 9�2ENUE SOUTH McDONALDS USA LLC SAeet � � (425)251-8782 FAX Title: y CML ENGINEERING, �,o WATER EASEMENT ��GENGM� E ROINMENTAL�SERVICES � o/ 1 Desi ned Orown Checked roved Date —