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HomeMy WebLinkAboutE 20220428000794Instrument Number: 20220428000794 Document:EAS Excise Docs: 3186488 Selling Price: $0.00 Tax Amount: .---Electronically Recorded King County, WA Rec: $208.50 Pawa-I of 6 $10.00 Record te:4/28/2022 1:06 1 After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, W.A 98057 ITFASEMAKF NO MARK INI I IL MARGIN SPA(T - RLS1,RVED fOR COUNTY RECORDER'S USE Grantor(s): McDonald's Corporation C rantee(s): City of Renton Abbrev. Legal Description: Ptn of SEC 18, T23N, R5E, W.M. Full Legal Description on page 5 Assessor's Tax Pat -eel Number: 182305-9234 Reference Number of Related Documents: N/A TEMPORARY CONSTRUCTION EASEMENT Rainier Ave S Corridor Improvements Phase 4 (S 3rd St to NW 3rd Pl) Project This Temporary Construction Easement (the "Construction Easement"), is made and entered into this _F&_ dayof Apn'k 20_?, by and between McDonald's Corporation, a Delaware corporation ("Grantor"), and 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, as owner of that certain real property described on Exhibit A, does hereby grant to th City, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, a 48 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 ("Easement 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. 1) Grantee will give written notice to Grantor at least forty-eight (48) hours before beginning any work in the Easement Area, which notice will specify the work to be performed and a date when the work will be completed. Grantee will rise its best efforts to complete the work by that date. Page I of ( 6 ) Pages Parcel No. 182305-9234 Instrument Number: 20220428000794 Document:EAS Rec: $208.50 Page-2 of 6 R ecord Date: 4/28/2022 1:06 PM King County, WA PLEASE MAKE NO MARK IN' FIF MARGIN SPACT - RESURVFD FOR COUNTY RECORDER'S USE ONLY TEMPORARY CONSTRUCTION EASEMENT 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 signs, access drives, curbing or other improvements located within the Easement Area. 4) Grantee will separate by cones or other appropriate construction safety barriers ("cone off') the Easement Area while Grantee performs any work in the Easement Area. 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. Granteetwill "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 pat -ties, 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 terminate and be null and void (i) thirty-six (36) months after the execution of this easement or (ii) upon restoration of any existing improvements disturbed by the Grantee within the temporary easement area, whichever is sooner, but in no event later than March 31, 2025. 9) The Grantee agrees to hold harmless, indemnify, and defend the Grantor 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, agents, contractors, subcontractors, licensees, or employees, in connection with the Grantee's activities authorized by this Construction Easement, provided, however, that: Page 2 of*( 6 ) Pages Parcel No. 182305-9234 PLEASE MAKE NO MARK IN THE MARGIN SPACT, RESERVED FOR ('OIJNIY RECORDER'S USE ONLY. Instrument Number: 20220428000794 Document:EAS Rec: $208.50 Page-3 of 6 Record Date:4/28/2022 1:06 PM King County, WA PLE.AS F MAKE NOMARK [N'T H FMARGMSTACE - R I SERVII) FOR COUNTY RF COR DER'S USE ONt Y TEMPORARY CONSTRUCTION EASEMENT (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 injuries, sickness, death, or damage 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, oi- employee of the Grantee). It is the intention of the parties that this document, be strictly limited to and far the purposes expressed. 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 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: April 19 2022 Grantor: McDonald's Corporation By KrY'sfin rnandez rfflnam�*•� Page 3 of'( 6 ) Pages Parcel No. 182305-9234 PLFASF MAKE NO MARK IN I IF MARGIN SPACE - RrSFRVFD FOR COONTY RFCORDER'S USE ONLY. Instrument Number: 20220428000794 Document:EAS Rec: $208.50 Page-4 of 6 Record Date:4/28/2022 1:06 PM King County, WA NLLASF MAKE NO MARK, LN THL MARGIN SPAT. l FESIslt Vfl) FQR ('()UN f' ' Rt-('OR471:''.ld'S USIA GNI.Y. I'E IPORARY CONSI"RUCTION EASEWNT Accepted and Approved. City of Renton By Its L_"'r rr, I rI- c>r IXate �t CORPORATE AC'KNOff7LFDG'HL'N'C SJ'ATE OF ILLINOIS ss. COUNTY OF COOK I certify that I know or have satisfactory evidence that �Stin Hernandez is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath. stated that they were authorized to execute the instrument and acknowledged it as the t:o be thcia Tree acid voluntarManaging yi of such party for the uses and. C�Onald ntlad._ _..__ Corporation urposes the,,instrument. DATED this 19th day of JA_r?.ri.020 2 �Notary Public m .. OFFICIAL SEAL Printed. Name PATRICIA HENSLER NOTARY PUBLIC . STATE OF ILLINOIS Residing at 110 Y COMMISSION EXPfRSS:07/28l24 My appointment expires Page 4 of ( 6 ) Pages Parcel No. 182305-9234 F"GR.ASE MAK.F%NO MARK IN T'IIF, MARGIN SPAC I - RFSFRVIJ) FOR. COUNTY RECORDFR'S USE ONLY. Instrument Number: 20220428000794 Document:EAS Rec: $208.50 Page-5 of 6 Record Date:4/28/2022 1:06 PM King County, WA ILFAIL MAKE NO MAl3.K tN1 I IF MARGIN SPAC L - IlFSFRVED FOR COUNTY RE ORDER'S USE ONLY, irEM­P6RARY CONSTRUCTION EASEMENT EX141BITA FULL LEGAL DESCRIPTION OF PARCEL NO. 182305-9234 (PER RAINIER TITLE COMPANY ORDER, NUMBER 794657, DATED MAY 26,2021) THAT PORTION OF SECTION 18, TOWNSHIP 23 NORTIE RANGE 5 EAST', W.M., IN KING COUNTY, WASHINGTON, WITHIN THE BED AND SHORES OF BLACK, KI V LK, DESCRIBED AS FOLI..,OWS: BEGINNING AT A POINT ON A LINE DRAWN PARALLEL WITH AND 50 FEET SOUTHEASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ACCESS ROAD, RENTON AVENUE EXTENSION, A DISTANCE OF 150 FEET, MEASURED ALONG SAID PARALLEL LINE, FROM ITS INTERSECTION WITH A LINE DRAWN PARALLEL W]'"I'll AND 75 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES FROM THE CENTER. LINE OF PRIMARY STATE 'HIGHWAY NO. 5, SEATTLE TO RENTON; THENCE NORT"HEASTERLY 150 FEET, ALONG SAID 50 FOOT PARALLEL LINE TO SAID 75 FOOT PARALLEL LINE; T14ENCE SOUTHERLY ALONG SAID 75 FOOT PARALLEL LINE 150 FEET; THENCE WESTERLY AT RIG14T ANGLES TO SAID 75 FOOT PARALLEL LINE 105 FEET, MORE OR LESS, TO A POINT FROM WHIC14 THE POINT' OF BEGINNING BEARS NORTH 260 10'00" WEST; THENCE NORT14 26010'00" WEST 86 FF1-,T, MORE OR LESS, TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 5 of ( 6 ) Pages Parcel No. 1, 82305-9234 PLFASE MAKI; NO MARK IN TIFF MARGIN SPACT - RFSERVEA) FOR COUNTY RFCORDER'S USE ONLY. Instrument Number: 20220428000794 Document:EAS Rec: $208.50 Page-6 of 6 ,Record Date:4/28/2022 1:06 PM King County, WA PLEASE MAKE NO MARK IN Fffl. MARGIN IWACI, - RESERVED FOR COUNTY RECORDER'S USE ONLY, TEMPORARY CONSTRUCTION EASEM NW 1/4, SEC. 18, T. r, ROW ACQUISITION --- 61 V'�x TEMPORARY CONSTRUcTiON EASEMENT AREA = 487 S.F± ► TAX LOT NUMBER 182305-9234 75' ROW AN 5k� WAS 31 't; AL t AS) DATE: NOVEMBER 12, 2020 InIefdrscphowy Destgn f 31 -Allift k* 7% Awsm Av 4K TO=% woe &Aw ww%1pqC'w EXHIBIT 2 PARCELS 182305-9234 TEMPORARY CONSTRUCTION EASEME] Page 6 of ( 6 ) Pages Parcel No. 182305-9234 PLEASE MAKE No MARK IN 11 IF MARGIN S PACT , R F SER VED FOR COUN I Y R ECOR DF R'S U SF, ON I .Y.