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.
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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
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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�
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Page 5 of 6 Jack in the Box/Foodmaker,Inc.to City of Renton Permanent Easement
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Page 6 of 6 Jack in the Box/Foodmaker,Inc.to Ciry of Renton Permanent Easement