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Home My WebLink AboutE 20141103001228 � � , � ' r After recording return document to: City Clerk City of Renton 20141103001228 1055 S. Grady Way cirv OF RENTON EAS ��.00 PAGE-001 OF 006 Renton, WA 98057-3232 iiieai2eia 14:34 KING COUNTY, WA EXCISE TAx"��'��'.��U�� Refer to pr ' u��:�p_.,_� �� __ By __.. �� DOCUMENT TITLE: Drainage Easement REFERENCE NO. OF DOCUMENT(S) ASSIGNED OR RELEASED: N/A GRANTOR(S): 1. McDonald's Real Estate Company, a Delaware corporation GRANTEE(S): 1. City of Renton, a Washington municipal corporation ABBREVIATED LEGAL DESCRIPTION: Ptn Lot 1 of City of Renton Short Plat No. 345-79, as recorded under Rec. No. 7908179008, records of King County, Washington ADDITIONAL LEGAL DESCRIPTION ON PAGE(S): Exhibits 'A' and 'B' (Pages 5-6) ASSESSOR'S TAX PARCEL NO(S): 0323059097 DRAINAGE EASEMENT This Drainage Easement, dated 0�� , 201�, is made by and between McDonald's Real Estate Company, a Delaware corporation ("Grantor"), and City of Renton, a Washington municipal corporation ("Grantee"). 1. Grant of Draina�e Easement: For and in consideration of mutual benefits and other valuable consideration, the receipt of which is acknowledged, Grantor, does by these presents, grant unto Grantee, a perpetual non-exclusive easement for the purpose of constructing, monitoring, maintaining and repairing an underground culvert that diverts Honey Creek under and through the following described real estate (the "Easement Area"), situated in the County of King, State of Washington: SEE EXHIBIT 'A', AND AS DEPICTED IN EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. 1 . t � 2. Maintenance: A. Maintenance of the underground culvert will be the sole responsibility of Grantee. Except in the event of an emergency, Grantee may not excavate any portion of the Easement Area to make any replacement or repair without the prior written consent of Grantor, which written consent shall not be unreasonably withheld, conditioned or delayed. The Grantee shall, upon completion of any work within the Easement Area, restore the surface of the Easement Area and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. B. Grantor shall retain the right to use the surface of the Easement Area as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: i. Erect or maintain any buildings or structures within the Easement Area except as shown on the as-built drawings approved by the City of Renton under project number R-364322; or ii. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the drainage facilities to be placed within the Easement Area by the Grantee; or iii. 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, except as shown on the as-built drawings approved by the City of Renton under project number R-364322; or iv. Dig, tunnel or perform 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; or v. Blast within fifteen (15) feet of the right-of-way; or vi. Erect fences in such a way as to prevent access by the Grantee's vehicles to the Grantee's facilities except as shown on the as-built drawings approved by the City of Renton under project number R-364322. Any fence construction must provide for an opening (gated, removable sections, barriers, etc.) of at least ten (10) feet in width. 3. Indemnification: Grantee agrees to release, defend, indemnify and hold Grantor, Grantor's members, partners, directors, officers, employees, agents, servants and representatives, and each of their respective successors and assigns, (collectively the "Grantor Indemnitees") harmless from and against any and all claims, liens, demands, actions, costs, 2 , ` , , losses, expenses, harm, damages and liability (including but not limited to attorney fees) of any kind or character asserted or arising directly or indirectly from, on account of, or in connection with: (a) Grantee's (and its respective agents, servants, employees, consultants, contractors, subcontractors (of all tiers), representatives, licensees, invitees or visitors) exercise of(or failure to exercise) the rights, benefits and privileges granted to Grantee by this Drainage Easement, or (b) the acts or omissions of Grantee (and its respective agents, servants, employees, consultants, contractors, subcontractors (of all tiers), representatives, licensees, invitees or visitors), including, without limitation, any contribution to or exacerbation of any environmental condition in or upon Grantor's property. To the fullest extent permitted by applicable law, Grantee's obligation to so release, defend, indemnify and hold the Grantor Indemnitees harmless shall apply regardless of the negligence or strict liability of the Grantor Indemnitees; provided, however, (a) nothing herein shall require Grantee to indemnify the Grantor Indemnitees for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Grantor Indemnitees, and (b) in the event such damages for bodily injury to persons or damage to property is caused by the concurrent negligence of the Grantee and the Grantor Indemnitees, then the Grantee's obligation to indemnify is enforceable only to the extent of Grantee's negligence. Without limiting the generality of the foregoing, Grantee hereby waives any immunity, defense or other protection that may be afforded by any worker's compensation, industrial insurance or similar laws (including but not limited to, the Washington Industrial Insurance Act, Title 51 of the Revised Code of Washington). 4. Covenants Runnin�With Land: The rights contained within this Drainage Easement shall run with the land and inure to, and be for the benefit of, Grantor and Grantee, their successors and assigns. 5. Termination of Liability: Whenever a transfer of ownership of either parcel takes place, the transferor will not be liable for a breach of this agreement occurring after a transfer. 6. Authoritv to Grant: Grantor covenants that it is the lawful owner of the property and that it has a good and lawful right to execute this easement. 7. Notice: Grantor's address is One McDonald's Plaza, Oak Brook, Illinois 60523, Attention: Director, US Legal Department #091, L/C: 046-0106 and Grantee's address is City of Renton, Public Works Department, Surface Water Utility, 1055 S. Grady Way, Renton, WA 98057-3232. Either party may serve written notice of a change of address with the other. All notices shall be sent by certified mail, return receipt requested, to the addresses provided for in this paragraph and shall be deemed given when placed in the United States Postal Service mail. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this ��}h day of �c�-ob�r , 20��_. 3 ,��Paroa . . ..•.� GRANTOR: ;_��.'.'OR.pdRq'':�'� 0 ; ,,, ; G..._,�_��`''Is 7 �� i 'A McDONALD'S REAL ESTATE COMPAN �� ° �' ,�; SEAL :h : �,.�ao �>�,�-aF�W No l��oa Ssj� By: R-�:e��e. � - lc� �ts:l��i� �� - ��h�:dac.c�'s ��,�c:u. �z��r.� rn�ac�s � LLC/CORPORATE fORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF ��1(aS ) SS COUNTY OF�� ) On this �il{ day of v[..T�(�. , 201� , before me personally appeared: �� v�� .l�y �°� �N known to be the C,��,,.ick,��'run��,.rna�s E�`�c��., � of J f`- w w� McDONALD'S REAL ESTATE COMPANY and acknowledged the said J� �W r� i �`n `° �= instrument to be the free and voluntary act and deed of said u�:�i �r �: �: d � ��; � corporation,for the uses and purposes therein mentioned, and ��`—� �`-'_- . each on oath stated that he¢sFte was authorized to execute said u-Umt� � �L'r �•� instrument and that the seal affixed if an is the cor orate seal of ot— ae= : , Y, p a Q�; �_ said corporation. `-- r r � _ z�. '�''°`�' Notary Public in and forthe State of (�li�vis Notary (Print)P�-i Q-�c�A ��'�= My appointment expires: �) • `�1`��j� Dated:(,��:�>'� ,�tj- APPROVED as to form only: ACCEPTED by the City of Renton: ..., By Mark Barber Gregg Zi e an Senior Assistant City Attorney Public Works Administrator Date: � � 4 � f � � ' . Exhibit 'A' Easement Legal Description The McDonald's at 4411 NE Sunset Blvd A 20-foot wide drainage easement, over that portion of Lot 1 of City of Renton Short Plat No. 345-79, as recorded under Rec. No. 7908179008, records of King County, Washington, lying 10 feet on each side of the following described line: Beginning at � point of the west line of said Lot 1, said point being N 01� 11' S1" E a distance of 17.95 feet from the Southwest corner thereof; Thence N 64' S2' 03" E a distance of 141.64 feet; Thence N 45' 37' S3" E a distance of 27.55 feet; Thence N 64° 07' 01" E a distance of 4.23 feet, to a point of the east line of said Lot 1 and the terminus of the hereby described line; Less that portion conveyed to City of Renton, as Grantee, by McDonald's Corporation, as Grantor, by Deed of Dedication recorded under Rec. No. 20130412001687, and later corrected by the Correction Deed recorded under Rec. No. 20140904000543, records of King County, Washington. All situate in the Southwest quarter of the Southwest quarter of Section 3, Township 23 North, Range 5 E, W. M., in the City of Renton, King County. 5 E X H I B I T_'g'__. �.,-.'"� STORM QRAINAGE EASEMENT �,.- �,,,i 6�. �� 1 P�`�� ,�-''� ,� 0�� c2 � ..-•'� 5u�� o ' , ��• a�.6� �.z � , �� ;� C1 LOT 1 CITY OF RENTON W 1" = 60� 5HQR7 PLAT NO. 346---79 Z w� w PJ 84'�7'01" E ' u�Z n � CURVE TABLE °u 4'23� �'E Q a NUM DEI.TA AR C RADIUS �'�' N 452 7�3" E �� C1 21`4044 47.86 126,50 � .�L1 C2 5'28'18 ?..80 29.50 � {�. O ' LI�JE TABLE 24' STORM �a� q NUM �BEARING �� DISTANCE DRAINAC� �/f Z L1 N 30`28'53� W 18.64' �� ..-�'''� Q L2 N 76'24�39 Wr $.47 �" �%� .-��°� ,/ ��,� �,/\�e� .� t o. ,r-"� /'i'' TPOB '�. �,,.� � � / .-�•� � � 5a � .�NK E. �y N S$'38'49" W �� pF S qS � � 0 z 18903 p � ��S TE�'�"5� �Ai. lA@� C�G / � J � PREPARED BY: TIM HAN50N AND ASSOCIATES 8255 CULTUS BAY ROAD CLINTdN, WA 98238 425.822.7271 6