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Home My WebLink AboutE 8212090483 ` ' � , ( I . , � ' • � � ' � , r , � .. �:�.F��`t f�� ?T}��y �J II ' EASEMENT GRANT ��_�� c ;�s�-3��; FOR ACCESS AROUND FIRE HYDRANT �•g�{�;�� :.�::�::�.;�:r•,�'i{—� .�,.� This Easement Grant is made this �� day of , 198� by and between Hugh Carney an3 Marion Carney, his wife, (hereinafter referred to as "Grantors" ) and the City of Renton, a municipal corporation of King County, Washington, (hereinafter M referr�d to as the "Grantee" ) . � � � ihTITNESSETH: C� � That Grantors are the owners of land located in the City t�! � of Renton, County of King, State of Washington and described as fG�.lOYJS and hereafter referred to as "Parcel 1" : That portion of the ZTorthwest quarter of the Southeast quarter of 5ection 18, Township 23 North, Range 5 East, W.M. , more particularZy described as follows : PP_RCEL A: Beginning at a point on the Easterly margin of Pacific Highway connection revision No. 2 (Primary State High- way No. 5) , 129. 5 feet Southerly from the Intersection of the South line of Cedar River Pipeline of the City of Seattle, with the Easterly margin of said highway, (said point of Intersection being 2721. 62 feet East and 16 . 8 feet North of the West 1/4 corner of Section 18 , ' " Township 23 North, Range 5 East, W.M. , in King County, ! Washington; thence East parallel to said Cedar River I� Pipeline 333 feet, more or less, to "the Westerly margin of Black River; thence Southwesterly along said Black River to a point which is 197 . 35 feet South of the Southerly line of Cedar River Pipeline measured at right angles therefrom; thence Westerly 303 feet, more or less, to the Easterly margin of said Highway; thence North ' along said Easterly margin 68 feet, more or less , to the point of beginning. EXCEPT portion conveyed to the State � of Washington for road by deed recorded under Auditor' s File No. 31�01232. PARCEL B: I In the County of King, State of Washington; that portion of Government Lot 10, Section 18 , Township 23 North, I Range 5 East, W.M. , described as follows: BEGINNING at the Intersection of the Easterly line of the D.C. Niitchell County Road (Primary State Highway No. 5) , with the Southerly line of Cedar River Pipeline right-of-way of the City of Seattle, said point of intersection being 2721. 62 feet East and 15 . 8 feet North of the West 1/4 - co=ner of said Sect?on; thence Southerly along said road line 274 feet, more or Zess, to an intersection with a line parallel to and 273. 8 feet Southerly from said pipeline right-of-way line; then�e Easterly along said parallel line 265 feet to the Westerly margin of Black River; thence Northeasterly along said river to an intersection with a line para11e1 to and 197 . 35 feet Southerly from said pipeline right-of-way line; thence ��/ 1% EXCISE TAX NOT RL=QUI,�t�� - I�V-559 . _ � King Co. Recorcis �r�sss�� p -��' , �~t��y i � '9 • ��y� r�' r�. , . . . � � Westerly along said parallel line 303 feet to the Easterly line of said Mitchell road; thence Southerly along said road line 76 . 5 feet to the point of begin- ning; EXCEPT portion thereof heretofore conveyed to the State of Washington for road purposes by Deed recorded under Auditor ' s File r:o . 3098515 , records of said county. Except that portion lying easterly of the following de- scribed line . Beginning at a point on the North line of said parcels 225 . 16 feet Easterly from the Northwest carner thereof; thence in a straight line S 02° 18 ' 47" W parallel with the centerline of said Primary State M Highway No. 5 to an intersection with the South line of � said parcels. CM � Also except the South 20. 00 feet thereof. � 0 � The Grantors wish to grant and the Grantee wishes to receive e-! `p�j an easement over, under and across that part of Parcel 1 described as follows and hereafter referred to as "the easement premises : " Situated in the State of Washington, County of King, being in Section 18 , Township 23 North, Range 5 East, being a ten (10) foot x ten (10) foot easement for water line and water hydrant purposes. Said easement being describe3 as follows: Beginning for reference at the southwesterly most corner of that parcel of land as described to Wendy' s International, Inc. , said point being in the easterly right-of-way line of Primary State Highway No. 5 (Rainier Avenue South).; thence North with the westerly line of said Wendy' s International, Inc. parcel , the same being the easteriy right-of-way line of said Rainier �' Avenue South, a distance of 25 . 00 feet to the true point of beginning; Thence North, continuing with the westerly line of said Wendy' s International, Inc, parcel, the same being the easterly right-of-way line of said Rainier Avenue South, a distance of ten feet (10 . 00 ' } to a point; Thence East and at right angle to the previous course, a I distance of ten feet (10 . 00 ' ) to a point; Thence South, parallel to the westerly line of said Wendy' s ' International, Inc. parcel , the same being the easterly right-of-way line of said Rainier Avenue South, a distance I of ten feet (10. 00 ' ) to a point; Tnence West and at right angle to the previous course, a distance of ten feet (10 . 00 ' ) to the true point of begin- ning and containing one hundred (100) square feet, more or less. Subject to all easements, restrictions and rights-of-way, if any, of previous record. Parcel 1 is presently improved with a building leased to The F�od Group, Inc. (hereinafter referred to as "Lessee") used for a Wendy' s Old Fashioned Hamburgers restaurant and parking facilities . Parcel 1 is subject to a mortgage given by Hugh Carney and D�arion �� Page 2 � •, , � i� � • ` ` ` 1 ` , 1 �i �,` ' ' ' ',,, �/� �i i�' ' ii � � , , , � . ` , r ., . u � I ° Carney to First Federal Savings & Loan Association of Rentan, (hereinaf�.er referred to a� "Mortgagee") . Said Lessee and Martgagee consent to the granting of this easement by thezr e�ecution af �he I attached and incorporated Consent farm. I , Now, therefore, in consideration af One Dollar ($1 . 00) and o�her gaod and valuable cbnsidera�.ian from Grantee, �he receipt and sufficiency af which are hereby acknawZedged, the following � t'� � +��c grants , agreements and covenants and restrictions are made: � � � The Grantars hereby grant to Grantee, its successors and O C2 � assignsj a non-exclusive perpetual easement for a fire hydrant with � necessary appurtenances aver, th.raugh, across and upan the easement _ � premises. � Grantee shall have the right, at such times as may be � necessary ta enter upon the easement premises for �he purpose of constructing, installing, maintaining, repairing, ai�.ering or recanstructing said �ire hydrant, or making any cannections there- I with, provided that such constructian, in�tallation, maintenance, � repairing; altering ar reconstructian of said fire hydrant shall be " accomplished in such a manner tha� the private improvements existing over, upon and under the easement premi�es shall nat be distrubed or c�amaged and that the improvements an the easement premises will be lef� ir� as good a candition as they were immediately before the easement premises were entered upon by the Grantee. I I Grantee shal.l have the right of access to the easement premise� over and across Parcel 1 as necessary ta enable Grantee to exercise its rights hereunder, provided that Grantee shall compensate Grantars and Lessee for any damage to the Parcel 1 or to � the improvements thereon occasianed by the exercise of said right o� acce�s. Grantors and Lessee shall fully use and enjoy the ease- men�. p-r�znises an� Parce? 1 for anv purpose not inconsistent with the rights granted herein, provi.ded that Grantors and Lessee sha11 nat erect buildings or structures over the easement areas which wr�uld interfere wi�h the exercise o£ the rights herein granted. • Page 3 ---- . � , , ; , + � . , _ i ' Il I i i � i I l � I ' � . � � ... • T r + • a t • � • ! �/ � � By accepting and recording this easement, Grantee agrees to indemnify and hold harmless Grantors and Lessee from any and all claims for injuries and;or damages which result from the Grantee ' s exercise of the rights herein granted. '' The consent herein granted by Food Group, Inc. , Lessee, is offered only for the term of the lease dated November 20, 1978 � or any extensions thereof, which lease is between said Lessee and � � Hugh CarnPy and Marion Carney, his wife, Lessors, for the property I 0 � described herein above as Parcel 1, which lease is for a twenty (20) � year term commencing on December 4 , 1979 with one (1) five (5) year renewal option. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Grantors covenant that they are the lawf,�.l owners of the above described property and that they have good and lawiul right to execute this agreement. ' IN WITNESS WHEREOF, the Grantors hereunto have set their " har.ds as of the day and year first above written. WITNESSES: GRANTORS : �� - � � Hugh Carney ��tr-aJ /C.) 0/ II Marion Carney, his fe � STATE OF WASHINGTON ) ) SS: COUNTY OF KING ) � Before m.e, the undersigned authority, on this � day of ��-l�.¢� , 198�, personally appeared Hugh Carney and Marion Carney, his wife, Grantors, to me well known and knocan to me to be � Page 4 . ( + t , '- + � ' __`-- ' _______- � ^ , � f � I I' I� II � II I � � I� I � �I I I I II t ' ' � � . . �� , 1 , � . _ � . , hY S .. ♦ the individuals described and who executed the foregoing Easement Grant for Access Arour.d Fire Hydrant for the uses and purposes therein expressed. 4�IITDIESS my hand and official seal the day and year afore- said. _ " C� �`7� _ � �� _ . a� ,►� „ , �„ u,�, NOTARY PUBLIC :;'c.�'`'�1t"• • � .'�'�'•f�r - ``~ � � � � My Commission Expires : �� i � �� FILED F� RECO�D AT RE�If�i � .. _ __ _�� o�n�urraa� ��uar�n�s. �� r�'t1R��_� 1Ni`.�[�fi��; �E.0 g �� 12. ��'�'? :,��,,i:�� : �4. �.{� � ; ;, � ' � �,�, < t F v��L'�.`�'' R�(',�1i�i� '.�;t��" ��r, ��..Lt This instrument prepared by: ELAINE POCHIRO Real Estate Attorney GJendy' s International, Inc. P.O. Box 256 4288 Dublin Granville Road Dublin, Ohio 43017 Page 5 a . � , , ` . ' � " ' . � `r , ', p'.� .' � .. i � �l�� #� ��+�� 7'�3�'i`� s�,l��°: �`Gt rl3�2 .1�',�� ;1�:��' ��"�,�'tal,l�J3i�.:.c