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HomeMy WebLinkAboutE 20220225000865Instrument Number: 20220225000865 Document:EAS Excise Docs: 3174577 Selling Price: $0.00 Tax Amount: Electronically Recorded King County, WA Rec: $209.50 Pawa-I of 7 $10.00 Record te:2/25/2022 1:55 City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 PLEASE MAKE NO MAP K IN THE MARGIN SPACE - RESE FLVED FOR COUNTY RECORDER'S USE Grantor(s)- 1. Corner Investment Co. 2. McDonald's Corporation Grantee(s): City of Renton liegal Description: Ptn of SEC18,T23N, R5E, W.M. (Foull Description on Page 6) Assessor's Tax Parcel Number: 182305-9227 Reference Number of Related Documents: N/A This Temporary Construction Easement (the "Construction Easement"), is made and entered into this - tL"I— day of 1-gb& 203��n, by and between Corner Investment Co., a Washington corporation ("Grantor"), the City of Renton, a municipal corporation C'City" or "Grantee"), its successors and assigns, and McDonald's Corporation, a Delaware Corporation C'Lessee"). For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor, as the owner of that certain real property legally described on Exhibit A — Entire Parcel (the "Property), attached hereto and incorporated by this reference and Lessee, as tenant of the P erk�p do hereb -, 1111 ant to the Ci I under the imminent threat of the Grantee's exercise of its right of Eminent Domain, a 375 square foot temporary easement for minor clearing and grubbing and excavation and fill and construction purposes in, on, over, through, and across the Property depicted on Exhibit B --- Temporary Construction Easement C'Easernent Area"), which is attached hereto and incorporated by this reference, for the purpose of completing roadway improvements; protecting existing public and private improvements in the immediate vicinity of the Project area; and repairing, restoring, and/or reestablishing any improvements disturbed while undertaking the Project activities described above, Page I of ( 6 ) Pages Parcel No. 182305-9227 Instrument Number: 20220225000865 Document:EAS Rec: $209.50 Page-2 of 7 Record Date:2/25/2022 1:55 PM King County, WA be performed and a date when the work will be completed. Grantee will use its best efforts to complete the work by that date. 2) Unless otherwise agreed in writing, immediately after Grantee completes any work in the Easement Area, Grantee will restore the Easement Area to the same or better condition as it was in before Grantee began the work, and to a safe condition, and will remove all of its equipment, tools, trash, and debris from the Easement Area. 3) Unless otherwise agreed in writing, Grantee will not move, remove, or demolish any of Grantor's or Lessee's signs, access drives, curbing or other improvements I ocated within the Easement Area. IWO, 5) 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 four (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. 6) Grantee will not park on or store any construction vehicles, equipment or materials within the Easement Area or on Grantor's other property. 7) If any damage occurs to Grantor's property or any improvements thereon arising out of, related to, or as a consequence of any of Grantee's work in the Easement Area, Grantor promptly will notify Grantee in writing of the damage. Unless otherwise agreed by the parties, Grantee will repair the damage (or commence and diligently pursue repairing the damage) within thirty (30) days after receipt of Grantor's notice. 8) The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. The temporary rights granted to the Grantee shall automatically entionOkib e�mgwm� (ii) upon restoration of any existing improvements disturbed by the Grantee within the Easement Area, whichever is sooner, but in no event later than December 31, 2024. 9) The Grantee agrees to hold harmless, indemnify and defend the Grantor and Lessee from and against any and all claims, losses, or liability, for injuries, sickness, or death of persons, including employees of the Grantee, or damage to property, arising out of the exercise of Grantee's rights under this Construction Easement or any willful misconduct or negligent act, error, or omission of the Grantee, its officers, Ments, contractors, subcontractors, Page 2 of ( 7 ) Pages Parcel No. 182305-9227 Instrument Number: 20220225000865 Document:EAS Rec: $209.50 Page-3 of 7 Record Date:2/25/2022 1:55 PM King County, WA PLEASE MAKE. NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY licensees, or employees, in connection with the Grantee's activities authorized by this 1-onstruction Easement, provided, however, that: 111 (a) The Grantee's obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, or damage caused by or resulting from the sole willful misconduct or sole negligence of the Grantor or Lessee; and (b) The Grantee's obligations to indemnify, defend, and hold harmless for injuries, sickness, death, or damage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor and/or the Lessee, or of the Grantee and a third party other than an officer, agent, contractor, or employee of the Grantee, shall apply only to the extent of the negligence or willful misconduct of the Grantee (including an officer, agent, contractor, or employee of the Grantee). It is the intention of the parties that this document be strictly limited to and for the purposes expressed. This Construction Easement and covenants herein shall be recorded with the King *#10,691 &1Q_"W1_dWA1MW1,W"1kb their successors, heirs, and assigns. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such Construction Easement. Lessee covenants that it has authority to convey such Construction Easement. It is understood and agreed that delivery of this Construction Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Renton, unless and until accepted and approved hereon in writing by the City of Renton. Dated: Fe-6 q 2012, Page 3 of ( 7 ) Pages Parcel No. 182305-9227 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Instrument Number: 20220225000865 Document:EAS Rec: $209.50 Page-4 of 7 Record Date:2/25/2022 1:55 PM King County, WA PLEASE MAKE NO MARK TN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Tff M—FO R A--R Y- —C - 0-- N-- - S--T— R--U- - C T 10 N EASE M ENT ByJS�U��— Its Date-. —L Page 4 of (7 ) Pages Parcel No. 182305-9227 PLEASEMAKE NOR IN THE MARGIN SPACE - RESERVED rOR (nIJNTY RECORDER'S USE ONLY Instrument Number: 20220225000865 Document:EAS Rec: $209.50 Page-5 of 7 Record Date:2/25/2022 1:55 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDEFUS USE ONLY RARY CONSTRUCTION W114101VAREMMMM, STATEOF. L`111'noi<� COUNlY OF_f,�, I cer* that I know or have satisfactory evidence that the that they were authorized to execute the instrument and acknowledged it as the of �2- to be their free and voluntary act of such pai�-fb-i-the­u­ses and purposes mentioned in the instrument. I certify that I know or have satisfactory evidence that :1� is the person who appeared before me, and said person acknowledged that Th-e�signcd tWs instrumeii� on -oath stated that they were authorized to execute the instrument and acknowledged it as the of to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED tMs _�&_ day of L4 -%-� 2(r-&-. (SEAL) MERC Notary n.ibfic % APrinted Name gOTRY % UBLV Resi ding at P------ y 0 My appointment expires W A*S' Page 5 of ( 7 ) Pages Parcel No, 182305-9227 PLEASE MAICE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Instrument Number: 20220225000865 Document:EAS Rec: $209.50 Page-6 of 7 Record Date:2/25/2022 1:55 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR OOTJNTY RECORDER'S USE ONLY TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A - ENITRE PARCEL LE GAL DESCRIMON KNUMMKOW113KOfflum THAT PORTION OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, IN KING COUNTY, WASI-flNGTON LYING TT IN THE BED AND SHORES OF THE BLACK RIVER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, DESCPJBED AS FOLLOWS, LESS, TO THE TRUE POINT OF BEGINNMG, EXCEPT THE FOLLOWING DESCRWED TRACT OF LAND' SITUATE W THE COUNTY OF MG, STATE OF WASHINGTON. Pa.ge 6 of ( 7 ) Pages Parcel No. 182305-9227 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDEWS USE ONLY Instrument Number: 20220225000865 Document:EAS Rec: $209.50 Page-7 of 7 Record Date:2/25/2022 1:55 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOP COUNTY PECORDEWS USE ONLY TEMPORARY CONSTRUCTION EASEMENT NW IA SEC. 18, T. 23 N., R. 5 F, W.M. "4 S Z 4 -k 4�p - a EXHIBIT Q PARCELS 182305-9227 TEMPORARY CONSTRUCTION EASEMENT Page 7 of ( 7 ) Pages I N.T.Q. PLEASE MAKE NO NIARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDEWS USE ONLY