HomeMy WebLinkAboutE 20111107000365 r t� �
After Recording Return Document to:
I
City of Renton 201111070003fi5
City Clerk FIRST AMERICAN EA5 69.00
1055 S. Grady Way iA�0�0Z01�F1003�
Renton, WA 98057 KING couNrv, wa
E2517470
11/07/2011 10:37
KTAX COUNTY, WA $10.00
SALE $0.00 PAGE-001 OF 001
Grantor(s): Grantee(s): ,,-� �f�,�
1. Bonnell Family L.L.C. 1. City of Renton �-� � �
2. Wal-Mart Stores, Inc.,a Delaware 2. Puget Sound Energy, Inc.
corporation 3. Qwest Communications Corporation
4. Comcast of Washington, Inc.
Abbreviated Legal Description: Ptn.Gov Lot 1 in the NW 1/4, 19-23-05
Project File#:TED 403430 Project Name: Rainier Ave South(SR167)-South Grady Way
to South 2"d Street
Title: PERMANENT EASEMENT PropertyTax Parcel No(s):
1923059048
PERMANENT EASEMENT
Grantors, BONNELL FAMILY,L.L.C., a Washington limited liability company, and WAL-
MART STORES, INC., a Delaware corporation ("Wal-Mart"), 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
Grantors also grant an easement for utilities to utility providers including but not limited to
PUGET SOUND ENERGY, INC., a Washington corporation (��PSE"), QWEST
COMMLTNICATIONS CORPORATION, a Colorado corporation ("Qwest"), and
COMCAST OF WASHINGTON, INC. ("Comcast"), and each of them, 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 legally described and depicted on E�ibit "A" attached
hereto(the"Easement Area").
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. ,,-
�'�' �:[�RI��1�1 �=���`��
Page 1 of 8 Bonnell Family,LLC to Ciry of Renton Permanent Easement
Grantor and Grantee agree that the easement granted herein will not encroach on the Walmart
sign or affect the operation of, ar access to Walmart, or result in the loss of parking. In addition,
this Easement is subject to the following terms and conditions:
1. Grantees shall provide Wal-Mart at least 72 hours' notice prior to the commencement of
work in the Easement Area.
2. Access from Grantors' property through the Easement Area to Rainier Avenue S. shall be
maintained free of impacts from Grantees' maintenance or construction at all times
feasible. Grantees shall not undertake work in the Easement Area which would impair,
obstruct or restrict access to the property owned by Grantors without first providing the
Wal-Mart Store Manager a construction schedule for such work that would minimize the
scope and duration of such access restrictions. Grantees shall take reasonable steps to
avoid and mitigate the effects of any such access restrictions, including scheduling
construction work at non-peak evening hours, providing adequate temporary directional
signage and providing traffic control personnel.
3. Grantees' operations and work in the Easement Area shall not impair or interrupt utility
service to the Grantors' property at any time.
4. Grantees' operations and wark in the Easement Area shall not affect in any way the Wal-
Mart pylon sign located in part in the Easement Area.
5. Upon completion of any maintenance ar construction work in the Easement Area,
Grantees shall restore the existing slopes on said lands to match new construction,
including the replacing of any improvements now located thereon, including without
limitation all landscaping, curb, gutter, driveway approaches and irrigation systems.
Irrigation systems shall be verified with the Wal-Mart Store Manager to be operational.
Grantors reserve the right to use the Easement Area for any purpose not inconsistent with the
rights herein granted, provided, however, Grantors shall not construct or maintain any buildings,
structures or other objects on the Easement Area(other than those presently existing, which may
remain) and Grantors shall do no blasting within 300 feet of Grantees' facilities without
Grantees' prior written consent.
Grantee agrees to construct improvements to the specification already agreed to with Grantors,
which are detailed in KPG's plan sheets, dated March, 2011, any deviation from such to be
approved by Grantors.
Each Grantee agrees to indemnify Grantors from and against liability incurred by Grantors 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 Grantors for that portion of any such
liability attributable to the negligence of Grantors 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.
Page 2 of 8 Bonnell Family,LLC to City of Renton Permanent Easement
This instrument may be executed in any number of counterparts, each of which shall be an
original, but all of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, said Grantors have caused this instrument to be executed this
�day of �''y'��`r. , 2011.
Title: PERMANENT EASEMENT Property Tax Parcel No(s): 1923059048
Approved and Accepted by Grantor:
BONNELL FAMILY L.L.C.
By: _
Its: J�'��✓rf���--
LLC FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNTY OF KING )
f��iiiiiii��'
+`�����`�p�-{���_ On this�day of St PWI G 20�before me personally appeared
�1 ���Otv�C�.'• pC�k! 1�� ���►7i?Cl� to me known to
, � A� be of BONNELL FAMILY
i'. `
�� ;'g`� � .fl :yc '
;._•O �����y c�n:y� L.L.C.,the limited li ility company that executed the within instrument,and
�V;� �°'"'_ '"�; acknowledge the said instrument to be the free and voluntary act and deed of said
��'. P�,t�'_y��" �0� limited liability company,for the uses and purposes therein mentioned,and each on
�tA,,�.� ��Y�����:'�,��� oath stated that he/she was authorized to execute said instrument.
�,'s'j�F''•.�.....•• ���l���
'"'-. �F' WP���ti
'�>..ri.ii/� ' ' �..6-rr• f?�i�`7�-�r-n�iC� ldd.
Notary Public in and for the State of Washington
Notary(Print) Yy►ic-hrllt L--�i�-i p�?v��m�-4h.�xa��-�
My appointment expires: 1 2 -2�>-/3
Dated:
Page 3 of 8 Bonnell Family,LLC to City of Renton Permanent Easement
Title: PERMANENT EASEMENT Property Tax Parcel No(s): 1923059048
Approved and cce by rantor:
WAL-MART S,I C.
By:
Its:
CORPORATE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF ARKANSAS )SS
COUNTY OF BENTON )
On this �-. day of 2011,before me personally appeared
to me known to
be of WAL-MART STORES,
INC.,the corporation th executed t e 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
thorized to execute said instrument.
Jane Bennett
Counry of Benron
Notary Pubiic-Arkansas
My Commission Exp.03/13/2012
otar P blic in and for the State of Arkansas
Nota Print) v(�(1(1 � ��nE r?
My appointment expires: 3-�3 -� l�..
Dated: - '
Page 4 of 8 Bonnell Family,LLC to City of Renton Permanent Easement
Title: PERMANENT EASEMENT Property Tas Parcel No(s): 1923059048
Approved and Accepted by Grantee:
CITY OF RENTON
t �
By:
�ts�l.�� � �V��..5 ,��w�.��n.� �-�
CORPORATE FORM OFACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )SS
COUNN OF KING )
````\``\\���"`t1j' On this��day of ��o�m. 20l_�before me personally appeared
�`` R HOF�+'I//�/ be 'J��It I�l,�e>�^1�Sp �/�p(tn.•.;,n� to me known to
_= `_.,�v� p�Nl ��' � ��►^G. the corporation that
"ti�� � /� executed the within instrument,and acknowledge the said instrument to be the free
� ,�OT��� �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.
. ��, '�•��' _�=
'�. � �,?��•�� � .:
�/ ���pNa���"� ��� /
,f���� �F WAgN���'� � `1 c.a.,c��
�����������������`� Notary Public in and the State of Washington
Notary(Print) 1�rn.b�,�C- �Jc,��w��►'�
My appointment expires: a-1 q—►�1-
Dated: �t �33 - ao 11
Page 5 of 8 Bonnell Family,LLC to Ciry of Renton Permanent Easement
EXHIBITA
EXH/BIT`
PARCEL NO. t 92305-91148
PFRMANENTEASEMENT
THAT PORTlON QF TME HEREINAF7FR DESCRlBED TRACT,DESCRlBED AS FOLLOWS:
BEG(tVIVlNG AT TNE lVORTHEAST CORNER OF PARCE!'1C;SAlD COHNER ALSO BElNQ TNE SOUTNEAST
CORNER OF PARCEL B TNAT ABUTS THE WEST MARGlN OF HARDIE AVEfVtJE SOUTHVE/EST,•
THENCE NORTH 88°36'49"WEST ALONG TNE'SOUTH LIIVE OF S.4/D AARCEL"B; 14.20 FEET;
THENCE NORTH 15°33'S4"EAST,57.99�'E�T TO SA/D WEST MARG/N OF NARDIF AVENUE SOUTNWEST,•
THENCE SOUTH Di°23'11"WEST ALONG SAlD WEST MAAGlN,56.23 FEET TO THE POINT OF BEGlNN/NG.
CONi'A!NlNG 399 SQtlARE FEET,MORE OA LESS.
TRACF•
(PER PACIFIC NORTH4VEST TlTLE COMPANY ORDER NO.655458,DATED FEBRUARY 15,2008)
PARCEL A:
LOT 2,C1TY OF RENTON SHORT PLAT NO.LUA-04-027-SHPL,RECOADED UNDER RECORDINQ NUMBER
2Q040503900�02,8E1NG OF GOVERNMEIVT LOT i,lN THE NORTNWEST QUARTEA OF SECTI�N 1 S,
TOWNSHIP 23 NORTN,RANQE 5 EAST,W.M.,!N K!N(3 COUNTY, WASN/NGTOIU.
PARCEL B:
PARCEL 8,ClTYOFREIVTOhI LOTLIlUEADJUSTMENT fVUMBER LUA-9�i73-LLA,REC4RDED UIV�EA
RECORDlNG NIJMBER 9803139005;BEINQ A P�RTION OF G04/ERfYMEIVT LOT i,SECTfON 19, TOWNSHIP 23
IVORTH,RANQE 5 EAST, W.M.,IN KlIYG GDUMY, WASN/NGTON.
TOGETHER WITN AN Ei4SEMENT FOR ROADWAYAND UNDERGROUND UTlL1T1ES,AIUD FQR lNGRFSS AND
EGRE'SS FOR PEDESTR/AN,4ND VEH1Ci1lAA TRAFFIC,AS DESCR/BED IN DECL4RATlON OF EASEMENT
UNDER RECORDING NUMBER 96020104�6;
AND TOGE!'HER WiTN AN EASEMENT FOR ROADWAY AND UNDERGROUND UTILITlES,AND FOR/NQRESS
AND EQRESS FOR PEDESTRlAN AND YENICULAR T'RAFFIC,AS DESCRiBED 1N EASEMENT AGREEMEM
RECORDED ilNDER AECORDlNQ NUMBER 9207'202tl37;
ANA TOGETHER WlTH Att EASEMENTS APPtlRTENANT TO SA1D PAACEL 8 AS ESTqJ9LtSHED 8Y
INSTAf1MENT ftECOADE'D UNUEA RECORDlNG NUMBER 96Q507727T,AMENDFD UfVDER RECORDlA1G
NLIMBER 970426Q774.
PRRCEt C:
THAT PaRTlON OF GOYERlVMEN7 LOT i IN SE'CTlON 19,TOWNSNiP 231VORTH,AAIVGE 5 FAST, .W.M.,!N
lQNQ COUNTY,WASHlNGTON,DESC1?IBED AS FOLLQWS:
34 1923R58a48 ESMT.DaC Pa{)e'1 of2
KPG
TACOlv1A�SCATTLE
Page 6 of 8 Bonnell Family,LLC to City of Renton Permanent Easement
BEGWNlNG AT TNE NORTHF.tIST CORNFR OF SAfD QOVERNMENT LOT;TNE'NCE SOUTH O i�'3'49°WEST
874.2a FEE7;MORE OR LESS,TO THE NOATHWESTE'RLY L/NE OF THE ABANDONED IVQFiTHERN PACIFIC
RAILWAY COMPAIVY RlGHT-OF-WAY,WHlCN RlGHT OF-WAY HAS BEEN SNOR1'PLA7TED AS C17Y OF
RENTON SHORT PLAT NUMBER JOO,BO(GRADY WAY WEST SHORT FLAT)RECORDED APRlL 7, i9B2
LINDER RECQRDING 1VUMBER 8204079001;
7'N�NCE SOJITH 77°24'49"WFST,AtONG 3AlD RIGHT-0E-WAY,57.53 FFET TO THE WESTERl.Y MARGJN OF
RAINlER AVENUE SDlJTNWEST AAfD THE TRUE PO11YT OF BEGfNN1NG
THENCECONTINUlNQ SOLITH 77�4'49°Vl1ESt 89,86 FEET;
THENCE NORTH Ot°23'4$"EAST 6i.00 FEET;
TNENCE NORTH 88°3B'!1"WEST 80.00 FEE7,•
THENCE iYORTH OJ°2349"E4ST228.00 FEET,•
TNENCE SOUTH B8°36'f}"EAST i57.00 FEET TO TFiE WESTERLY MARGIN OF92N0 AVENUE SOt1T'HWEST
(NARDlE AVENUE SOUTHWESn;
7HENCE SOlJTH Ol°23`49"WEST,AtONQ SA1D WESTERLY MARGfN,TO A POMT ON SAlD MRRC3IN OF
RAlNIER AVENUE SOUTHWE'ST;
S�ING O!V A 788.30 FOOT RAAIUS CURVF CONCAVF TO THE EAST,A RADlAL A T SAlD POlNT BEARtNG
SOUTFI 75°29'08°FAST;
THENCE SOUTHFALY,ALONCi SAfD CURVE AND MARGlN, 775.44 FEFf TO A POlNT OF TANG�l+1C1';
THENCE SOUTN 0�°23'4f"WEST 78.42 FL'ET TO THE TRUE POINT OF BEC�IIVNINQ.
AS SNOWN ON RfQNT OF WAY PLANS FOR RAINIER AVE S(SR ie7J-S GRADY WAY TO S ZIYD ST,
PRa1ECT NUMBEA TED403480,ON FlLEAT THE CIT4'Of RENTON,WA3HfNC3TON.
DATE OF PL4NS
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Page 7 of 8 Bonnell Family,LLC to Ciry of Renton Permanent Easement
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Page 8 of 8 Bonnell Family,LLC to City of Renton Permanent Easement