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Home My WebLink AboutE 20220329001150Instrument Number: 20220329001150 Document:EAS Rec: $207.50 Page-1 of 5 Excise Docs: 3180327 Selling Price: $40,800.00 Tax Amount: $10.00 Record Date:3/29/2022 Electronically Recorded King County, WA q,WM=1 City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE Grantor(s): AutoZone Development Corporation Grantee(s): City of Renton Legal Description: Ptn of Lot Ptn of Lot C, CITY OF RENTON, LLA NO. LUA-10-022-LLA, LND-30- 0355, REC NO. 20100907900001, BEING PTN. GOVT LT 4, SEC 18-23-5E, W.M. Assessor's Tax Parcel Number: 182305-9082 Reference Number of Related Documents: N/A Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd PI) Project This Temporary Construction Easement (the "Construction Easement"), is made and entered into this f I _ 1h day of March 20 22 by and between AutoZone Parts, Nevada corporation [resulting entity after conversion from AutoZone Parts LLC, a Nevada limited liability company] (hereinafter "Grantor"), transferee of AutoZone Investment1 1 #�, ZSIAP-1102V-06-1 111-MAILL a Nevada limited liability company [surviving entity after merger with AutoZone Development Corporation, a Nevada corporation, ("Grantorand the City of Renton, a municipal corporation ("City" or "Grantee"), its successors and assigns. For Good and Valuable Consideration, receipt of which is hereby acknowledged, Grantor i does hereb ILS 1 A61Y and grubbing and excavation and fill and construction purposes in, on, over, through and across the property depicted on Exhibit "Awhich 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. This Temporary Construction Easement does not convey any rights in or to Grantor's remaining real property. Grantor may use the Temporary Page I of 6 5 ) Pages Parcel No. 182305-9082 Instrument Number: 20220329001150 Document:EAS Rec: $207.50 Page-2 of 5 Record Date:3/29/2022 3:59 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY, TEjqPdR,A,'R_Y C0'NST1WCT16N k�kgkMkNT Construction Easement for all purposes not inconsistent with or interfering with the full enjoyment of the Easement. The Grantee shall keep the Easement Area open for commercially reasonable access between Rainier Avenue South and the Grantor's premises during Grantor's business hours, 8:00 a.m. to 9:00 p.m. The temporary rights granted in this Construction Easement shall be effective upon execution by the parties. Grantee and/or its contractors shall provide forty-eight (48) hours notice to the Grantor of its intent to commence construction. The temporary rights granted to the Grantee shall automatically terminate and be null and void (i) thirty six (36) months after by the Grantee within the temporary easement area, whichever is sooner, but in no event later than Deaernber_11,2024, March 31, 2025. of the Grantee, its officers, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided, however, that: (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; and (b) The Grantee's obligations to indemnify, defend and hold harmless for in i Juries, sickness, death or dainage caused by or resulting from the concurrent negligence or willful misconduct of the Grantee and the Grantor, 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). Grantee shall, at its sole cost and upon completion of the work within the Easemelf's Area, fully restore the surface and subsurface of the Easement Area and any public or priva improvements disturbed by or destroyed during the execution of the work, as nearly practicable, to the conditions as of the effective date of this easement. I It is the intention of the parties that this document be strictly limited to and for the purposes expressed. Page 2 of 5 j Pages Parcel No. 182305-9082 PLEASE MAKE NO MARK IN T34E MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY, Instrument Number: 20220329001150 Document:EAS Rec: $207.50 Page-3 of 5 Record Date:3/29/2022 3:59 PM King County, WA PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY, TEMPORARY CONSTRUCTION EASEMENT This Construction Easement and covenants herein shall be recorded with the King County Recorder, shall run with the land described herein, and shall be binding upon the parties, their successors, heirs and assigns. Grantor covenants that it is the lawful owner of the above -described property and has authority to convey such 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. Kfo', Lexecution,:', III Ts-mi—elKivas Regional Manager City of Renton By — Its &AAAa(,UArC'(- Date MA&ak I G t ZOZ'z Page 3 of ( 5 ) Pages Parcel No. 182305-9082 PLEASE MAKE NO MARK IN THE MARGIN SPACE RESERVED FOR COUNTY RECORDER'S USE ONLY Instrument Number: 20220329001150 Document:EAS Rec: $207.50 Page-4 of 5 Record Date:3/29/2022 3:59 PM King County, WA PLEASE NiAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY TEMPORARY CONsTRuCTION EASEMENT CORPORATEACKIVOWLEDGMENT STATE OF Tennessee ,COUNTY OF Shelby__ Timothy J. Goddard Lindsay Lehmari I certify that I know or have satisfactory evidence that and is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated 1 that they were authorized to execute the instrument and acknowledged it as the i President and VICO Presidentf Auto on Parts, Inc to be their free and voluntary act of such party for the uses and purposes mentioned in the instrument. Page 4 of ( 5 ) Pages Parcel No. 182305-9082 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLI Instrument Number: 20220329001150 Document:EAS Rec: $207.50 Page-5 of 5 Record Date:3/29/2022 3:59 PM King County, WA NE 1/4, SECIS, T. 23 N- E. 5 E., W.M. I k I TAX LOT I B230: TEMPORARY CONSTRI AREA = 33