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HomeMy WebLinkAboutE 20110728000144 After Recording Return Document to: 20110728000144 PACIFIC NW TIT EAS 68.00 PAGE-001 OF 007 City of Renton e7i2siz0i i 10:18 City Clerk KING COUNTY, wa 1055 S. Grady Way Renton, WA 98057 E2502574 0�izaiz0ii ie:i� KTAX COUNTY, WA SALE $10.00 $0.00 PAGE-001 OF 001 Title: PERMANENT EASEMENT Property Tax Parcel No(s): � 1823059169 � (�� Project file#:TED 403430 Project Name:Rainier Ave South(SR167)-South Grady Way to South 2"d Street Abbreviated Legal Description: SE 1/4, 18-23-05 Grantor(s): Grantee(s): 1. Jack In The Box Inc.,a Delaware 1. City of Renton corporation,successor by merger to 2. Puget Sound Energy, Inc. Foodmaker Inc.,a Delaware corporation 3. Qwest Communications Corporation 4. Comcast of Washington, Inc. ���;� ��.�`�:":� � -� �_.._- r - PERMANENT EASEMENT Grantor, JACK IN THE BOX INC., a Delaware corporation, successor by merger to FOODMAKER, INC., a Delaware corporation, under the imminent threat of Grantee's exercise of its rights of eminent domain, for and in consideration of $10.00 and other valuable consideration, does by these presents, grant, unto the CITY OF RENTON, a Municipal Corporation, Grantee herein, its successors and assigns, an easement for slopes and utilities, and Grantor also grants a perpetual easement to utility providers including but not limited to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), QWEST COMMUNICATIONS CORPORATION, a Colorado corporation ("Qwest"), and COMCAST OF WASHINGTON, INC. ("Comcast"), and each of them, for the purposes of perpetual duration over, under, through, across and upon the following described real estate, situated in the County of King, State of Washington, which is depicted on Exhibit "A" attached hereto. Each Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Each Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. Page I of 6 Jack in the Box/Foodmaker,Inc.to City of Renton Permanent Easement Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantees' facilities without Grantees' prior written consent. Each Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of such Grantee's negligence in the exercise of the rights herein granted to such Grantee, but nothing herein shall require either Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 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. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this 2� day of ��Q, , 20�� . Page 2 of 6 Jack in the Box/Foodmaker,Inc.to City of Renton Permanent Easement Title: PERMANENT EASEMENT Property Taac Parcel No(s): 1823059169 Approved and Accepted by Grantor: JACK IN THE BOX INC., successor by merger to FOODMAKER, C. By: Its: �slCfl�� CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF �SS COUNTY OF ) 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. S P��c►ched. Notary Public in and for the State of Notary (Print) My appointment expires: Dated: Page 3 of 6 Jack in the Box/Foodmaker,Inc.to City of Renton Permanent Easement State of California ) ) County of San Diego ) On July 27, 2011, before me, Brian J. Niemela, Notary Public, personally appeared Michael J. Snider, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity BRIAN J. NIEMELA upon behalf of which the person acted, executed the � :� COMM.�1881420 w instrument. � NOTARY PUBLIC �CALIFORNUI� �' ����� I certi under PENALTY OF PERJURY under the laws Cortm�ion Expires Mar. 1,2014� fY of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ` r Si ture Notary Public Place Notary Seal Above ------------------------------------------------- OPTIONAL -------------------------------------------------- Thouqh the information below is not reauired bv law, it mav arove valuable to nersons relvinp on the document and could qrevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: � '+�+�`-�e�'+ �a�"��+ Document Date:`'��'�i� Number of Pages: L Signer(s) Other Than Names Above: Signer's Name: Michael J. Snider Signer's Name: Individual Individual _X_Corporate Officer—Title(s):Asst. Secretarv Corporate Officer—Title(s): Partner-- Limited General Partner-- Limited General Attorney in Fact Attorney in Fact Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: Signer is Representing: 02/2011 EXHlBIT,� PARCEL NO. 182305-9i69 PERMANENT EASEMENT TN.4T POHTlON OF TNE H�AEINAF7'ER DESCRlBED PARCEL"A';DESCAIBED AS FOLLOWS: B�GINNlNG AT THE IVQATHEAST CORNEFT OF SAJD PARCEL"A;SA1D CORNER AL30 9EING ON THE SOUTHWESTERLY MARG/N O�HAlfYIER AVENUE'SOUTH; THEIVCE SOIJTH 70°03`15"WESTALOIVG TNElVORTH LlNE�F SAID PARGEL`A",8.0�1 FEET TO THE TAUE POlNT OF BEGINNlNG; THENCE COMINUING SDUTH 70"08'15"WEST AL01VQ SAID NORTH LINE,2.00 FEET,' 7NE'fVCE SOiJTHFASTERtY ON A CURVE TO THE RIGHT WHOSE CENTER BE,4RS SOUTH 72°03'15"WFST, 2940.00 FEET,AN ARC D/STANCE OF iT.os FEEl;• THENCE SOUTH i7°36'4B"EAS7;32.00�EE7; THENCE 30UTH 72°23'i2"WEST,4.U0 FEET• THENCE SOUTH�7°3B'48"E45T,26.78 FE�T,' THENCE NORTH 72'23'f2"EAST,4.Q0 FEET; TNFNCE SDUTH i7°36'4&"EAST,34.25 FEET TO THE SO!!TH l.1NE OF SAID PARCEL"A; THENCE NOATH 70°03'75"EAST ALOIVG SAID S�UTH LlNE,200 FEET; THENCE NORTH�7°36'48"WEST,92.95 FFET,• THEIVCE NORThIWESTFRLY ON A CURVE TO TNE LEFT WHOSE CENFER 8EAR8 SOUTH 72°23'12"WEST, 2842.00 FEET,AN ARC DISTANCE OF 17.�4 FEEI"TO THE 7RUE PO/NT OF BFGINAt1NG; CC?NTAI1VlNG 327 SQUARE FEET;MORE OR LESS. PAf�CEL"A".• (PER PACIFIC NORTHWEST TITLE COMPANY ORDER ltt0.655435,DATED SEPTEMBER 77,2007) THE SOUTHERL Y i 10 FEET OF THE FDLLOWlNG DESCAIBED PROPERTY.' THAT PORTION OF HENRY H. TOBIN DONRTlON CL,4/M NO.37 AND OF C�OVERNMENT LOT'?S,SECTIOIV 18, TOWiVSHlP 23 NOATH,RANGE 5 EAST, W.M., IN K/NG COUNTY, WASHlNGTON,DESCR78ED AS FOLLDWS: COMMENCJIVG AT A PO/NT WHfCN tS THE lNTERSECTION OF TNE WESTEALY PRODUCTlON OF THE CENTER L/NE OF 7NlRD AVENUE lN THE ClTY O�REN'1'ON W/TH THE CEN7�R UAIE OF STATE HIGHWAY NO.b AS REFE'RAED TO!1V DE'ED TO THE STATE OF WASHlNGTON,RECORDED UNDER RE'CORDING NUMBER 5134407,• THENCE SOUTH�8°57'20"EAST ALONG SAlD CENTE'H LINE OF STATE HlGHWAY NO.6 A OISTANCE OF 804_37 FEET,MOR�OR LESS; 7NENCE SOUTH 70°02 4p"WEST 30 FEET TO A LINE 30 FEET WFSTERLY OFAIVD PARALtEI.WlTH SAID STA7"E NfGHWAY CENTER LINEAND THE TRUE POINT 4F BEGlfVNlN�Of THIS DESCRIFTlON; THENCE S�tITH 70°02'40"WEST 191.30 FE�T; T!-tENCE SOtJTH i9°57�0"�'AS7'PAFL4LLEt WlTN SAlD HlGNWAY GENTER LIlVE'280 F�ET,- 7"HENCE NORTH 70°02'40'Fr45T 19 i.30 FEEf;� THENCE NORTN 19°5720"WEST 280 FEET TO THE TRUE POINT OF BEGlNNING; 43 t 823059189 ESMT.DOC Page 1 of 2 KPG TACAMA•S£ATTLE Page 4 of 6 Jack in the Box/Foodmaker,Inc.to Ciry of Renton Permanent Easement EXC�PTlNG THEREFROM THAT POR710N TH�REOF CONVEYED TO THE STATE QF WASHINGTON FOR STATE HlGHWAY ND.5 BY DEED RECORDED UNDER RECORDING NUMBER 51344R7; THE NORTHER�Y[.INE OF SAlD SDU7'HERLY 7 i0 FEEI"6ElAIG DRAWN PARALLEL W1TH AND D1S7'ANT 110 F�ET N�RTHERLY M�ASURED AT RlGHT AtUGtES FROM THE SOUTHERLY LlIVE OF SAID DESCR►BFD PROPERTY. AS SHOWN ON RlGHT OF WAY PIANS FOR RAtN/ER AVE S(SR 187)-S GRADY WAY 7'O 5 2ND ST, PROJFCT NUMBER TED403430,�IV F►L�AT THE CITY OF'REN'TON, WRSHINQTON. DATE OF P1ANS �a-I�1--1� 1� p• �:� :�,,w o��wns�i��Cz ^�'•'�, .� - �' 4•y • � �: , ��' �015 '�y �ssf��1L I,4t��`'��a 43 i823059169 ESNIT.DDC Page 2 of 2 3 � Z �•— !1 KP'G �nco�n•s�nrn� Page 5 of 6 Jack in the Box/Foodmaker,Inc.to City of Renton Permanent Easement SE 1�4 SEG 18, T. 23 1V., R. 5 E, W.M. . . � ' tn-� R Q YJ• 7'AX LO�' NUM9ER � 2 182305-9189 0 � � TPOB �, POB °1 2�Q' $•Q '� '�r, 12�2942.0�' � � LIN� - � L=17.14' � ROp�¢� R=2940.0�' � p L=t 7.D6' �� N C� '' N.T.S .� o . � �� w N' •O� Row raK� �4�� EASEMENT Ai?EA -327 S.F.t � N vAR�W, � c, �o R 0 v v: TAX LOT AtUMBEf? � 182.305-9169 �.�� . w � N � � 2•��, r ' X -,NJI „�,� 1'�NE 70 QROP� ' r�+x tor NUMa�� o � �az3o�—siss � DECEMBER 2. 2010 ND. 43 182305-8't69 ESMT dwg ��. FxNiei r � �, PARCEL 182305-9169 �� PERMAIV EN T EA SEMEIV T Page 6 of 6 Jack in the Box/Foodmaker,Inc.to Ciry of Renton Permanent Easement