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Home My WebLink About2008 - Waterline Easement and Work Performance Agreement - Jack in the Box Inc - 20080617001022City of Tukwila City Clerk' Office 6200 Southcenter Blvd. Tukwila, WA 98188 206 -433 -1800 Document Titles: it'frT L liv 6 e se Aq &'t'r lq A6 ra&e /"E n/C Reference Number(s) of related documents Grantor(s) (Last, First, Middle Initial) /11 1( //V 77-1 Sth< /NC- Grantee(s) (Last, First, Middle Initial) LliS ors 7711 c✓1LA Assessor's Property Tax Parcel /Account Number X300 /IZ {Oo 3 o eo /06 200 80617001 22 CITY OF TUKUIL EfiS 100.00 3 OF 017 06/17/ 05/37/2008 13:25 KING COUNTY, Up 47vd £c' O/2 Z/4F= 02 /1 Additional Reference #'s on page Additional Reference #'s on page Additional Reference 14's on page Legal Description (abbreviated form: ie., lot, block, plat or section, township, range. quarter /quarter S66 A rfiqc /=JO LI6.4L Additional Reference #'s on page O ooj oo G P/forms/ recording sheet Additional Reference -s on page 4.ziZoqi I 9175 P tto 15 :2 r r "<z (9540 000: 0--en Rn45;7, ‘izQ 07. -7-..2nnpz WATERLINE EASEMENT AND WORK PERFORMANCE AGREEMENT JIB 8481 This WATER LINE EASEMENT AND WORK PERFORMANCE AGREEMENT "Easement and Agreement") is made as of this f bT day of 7114,,,;(' 2008 by and between JACK IN THE BOX INC., a Delaware corporation, successor in interest to FOODMAKER, INC., "Grantor"), and the CITY OF TUKWILA, King County, Washington, a municipal corporation, "Grantee subject to the following: 1. RECITALS 1.1 Grantor owns that certain property located at 13050 Interurban Avenue South, Tukwila WA, described on Exhibit "A" attached hereto and made a part hereof "JIB Property Additionally, Grantor possess a leasehold interest in that certain property located adjacent to the JIB Property, located in Tukwila, WA, described on Exhibit "B" attached hereto and made a part hereof "Adjacent Property"). 1.2 Grantee desires to replace a waterline on a portion of the JIB Property, which was not previously encumbered by a water line easement, as well as replace a portion of the same waterline on the Adjacent Property (Work The Work will affect the JIB Property and Adjacent Property in the area depicted on Exhibit "C" attached hereto and made a part hereof "Work Area 1.3 In consideration for granting said easement over and across a portion of the JIB Property more particularly described on Exhibit "D" attached hereto and made a part hereof, Grantee has agreed to pay Grantor ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged. 2. AGREEMENT NOW, THEREFORE, in consideration of he above recitals which are incorporated herein by this reference for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor and Grantee, for themselves, their successors and assigns, agree as follows: 2.1 Grantor grants and conveys to Grantee and Grantee's successors, assigns employees, contractors and subcontractors a permanent non exclusive easement "Easement over, across, along, through, and under the portion of the JIB Property more particularly described on Exhibit "D" attached hereto and made a part hereof, for the purposes of constructing, installing, reconstructing, replacing, repairing, maintaining and operating a water pipeline and lines and all necessary connections and appurtenances thereto. 2.2 Grantee may perform the Work at its sole cost and expense, provided, however, that the Work shall be between the hours of 9:00 PM and 6:00 AM; and Grantee shall notify Grantor at least five (5) days in advance of the date of such Work. Such notice shall be sent to: Jack in the Box Inc. 9330 Balboa Ave San Diego, CA 92123 Attn: Real Estate Assets JIB 8481 Phone: (858) 571 -2649 Jack in the Box Inc. 13050 Interurban Avenue South Tukwila, WA 98168 Attn: Donette Nelson Phone: (206) 242 -3525 2.3 The Work shall be performed in accordance with all regulations and requirements set forth by appropriate Federal, State and Local agencies, and all applicable laws. Grantee agrees that immediately following completion of the Work, all materials resulting from the Work will be removed from the JIB Property and Adjacent Property at Grantee's sole cost and expense, and shall be disposed of in accordance with all laws, regulations and requirements applicable thereto. Additionally, Grantee and Grantor agree to cooperate in determining a mutually agreeable time to switch connections 2.4 Grantee (and Grantee's contractor) agrees not to permit any liens to stand against the Property for the Work or for material furnished to Grantee, and Grantee agrees to indemnify and hold Grantor harmless from same. 2.5 Grantee agrees to take all appropriate actions to identify utility lines or other subsurface structures prior to commencement of the Work. Any damage to utility lines or other subsurface structures as a result of the Work shall be the sole responsibility of Grantee, including costs for necessary repair or replacement and costs resulting from interference with Grantor's business activities. 2.6 No equipment or supplies to be used in connection with the Work will be stored upon any portion of the JIB Property or Adjacent Property. This agreement does not convey a Temporary Construction Easement and no consideration has been paid for a Temporary Construction Easement. 2.7 At all times, Grantee, its employees, representatives, agents, suppliers, and contractors shall ensure access to the JIB Property and Adjacent Property, including ingress and egress from the drive through lane servicing the restaurant. However, Grantee may temporarily interfere with ingress and egress to the drive through lane for two periods, which shall occur only between the hours of 3:00 AM and 5:00 AM on Saturday and Sunday during the installation of the waterline and site restoration pursuant to this Easement and Agreement, 2.8 If the surface of the JIB Property, Adjacent Property and /or improvements thereon shall be disturbed by the Work, then said surface and /or improvements shall be promptly restored by Grantee to their condition just prior to such disturbance. 2.9 Grantee agrees that any waste, hazardous or otherwise, resulting from the Work shall be immediately removed by Grantee, and for all purposes Grantee shall be deemed to be the generator of such waste. 2.10 Prior to commencing the Work, Grantee or its contractor shall provide Grantor with a certificate of insurance, evidencing builders risk insurance in an amount not less than two million dollars ($2,000,000) per occurrence and naming Grantor as additional insured. Grantee shall indemnify, defend and hold Grantor harmless from any and all liability, damage, expense, causes of action, suits, claims or judgments which arise directly or indirectly out of or in connection with any act or omission of Grantee, its agents, independent contractors, and employees. This Easement and Agreement may be executed in multiple counterparts and by facsimile, each of which will be deemed an original, but all of which, together, shall constitute one and the same instrument. (SIGNATURES INCLUDED ON THE FOLLOWING PAGE) In witness whereof, the parties hereto have executed this Easement and Agreement as of the day and year first above written. GRANTOR: JACK IN THE BOX INC, a Delaware corporation GRANTEE: CITY OF TUKWILA, King County, Washington, a municipal corporation State of California County of San Diego On June 10 2008, before me, Zachary Wilson Blair, Notary Public, personally appeared Michael J. Snider, 01/2008 ZACHARY %MON SLMR COMM.11518753 MITAFIYFtALIC CALIFORNA SAN DIEGO COUNTY ConrrissL.n OcL 10, 2001 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signatute of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: 8481 Waterline Easement Work Performance Agreement Number of Pages: Document Date: Signer(s) Other Than Names Above: Signer's Name: Signer's Name: Individual Individual _X_ Corporate Officer Title(s): Corporate Officer Title(s): Partner Limited General Partner Limited General Attorney in Fact Attomey in Fact Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: Signer is Representing: STATE OF WASHINGTON ss. County of King On this Ik 7H day of V4Q 2008. before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared WITNESS my hand and official seal hereto affixed the day and year above written. known to me to be the Mayor of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she was authorized to execute said instrument. l l\-F i Cli TY) 0 'F I.0 kart print name NOTARY PUBLIC in and for the State of Washington, residing at J "An/ QT C O mm tc$ Idt0 Rp raS 9 EXHIBIT "A" JIB Property Legal Description That Portion of the Stephen Foster Donation Claim No. 38 in Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: Commencing at a point which bears north 40 0 01 1 05» west 920.15 feet from a monument at the point of intersection of a curve on the centerline of the Duwamish- Renton Junction Road, said point of intersection being approximately 1000 feet east and 20 feet south of the quarter corner between sections 14 and 15, said township 23; Thence north 49 °24'00" west 835.00 feet on a line parallel to and 150 feet northeasterly of the centerline of said Duwamish- Renton Junction Road, to a point which bears north 81 °44'15" east 199.17 feet from the point of a curve on the centerline of said Duwamish- Renton Junction Road, said point of curve being approximately 1200 feet north and 440 feet west of the quarter corner between said sections 14 and 15; Thence south 40 0 36 1 00° west 20 feet to the northeasterly margin of the right of way of the Puget Sound Electric Railway; Thence north 49 °24' west along said right of way 378.29 feet to the true point of beginning; Thence north 40 °36' east 150 feet; Thence south 49 °24' east, a distance of 182.29 feet; Thence south 40 °36' west 150 feet; Thence north 49 °24' west 182.29 feet to the true point of beginning. EXHIBIT B PROPERTY LEASED BY JACK-EN- THE BOX TAX PARCEL 000300 -0116 THE LAND REFERRED TO IN THIS COMMITMENT IS SITUATED IN THE STATE OF WASHINGTON, AND DESCRIBED AS FOLLOWS: THAT PORTION OF STEPHEN FOSTER DONATION CLAIM NO. 38 AND OF THE C.C. LEWIS DONATION CLAIM NO. 37 IN SECTION 10, 11, 14 AND 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY LOCATED WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH 40 °01'05" WEST A DISTANCE OF 920.15 FEET PROM A MONUMENT AT THE POINT OF INTERSECTION OF A CURVE ON THE CENTERLINE OF THE DUWAMISH- RENTON JUNCTION ROAD, SAID POINT OF INTERSECTION BEING APPROXIMATELY 1000 FEET EAST, 20 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 14 AND 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 494' WEST ON A LINE 150.00 FEET DISTANCE FROM AND PARALLEL WITH THE CENTERLINE OF THE SAID DUWAMTSH- RENTON JUNCTION ROAD, A DISTANCE OF 835.00 FEET TO A POINT WHICH BEARS NORTH 81 °44'15" EAST A DISTANCE OF 199.17 FEET FROM THE MONUMENT AT THE END OF A CURVE ON THE CENTERLINE OF THE SAID DUWAMISH- RENTON JUNCTION ROAD, SAID END OF A CURVE BEING APPROXIMATELY 1200 FEET NORTH AND 440 FEET WEST OF QUARTER CORNER BETWEEN SAID SECTIONS 14 AND 15; THENCE NORTH 49°24' WEST A DISTANCE OF 16.00 FEET; THENCE NORTH 40°36' EAST A DISTANNCE OF 682.10 FEET; THENCE NORTH 49'24' WEST A DISTANCE OF 310.21; THENCE SOUTH 40°36' WEST A DISTANCE OF 552.10 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 49°24' WEST 52.08 FEET; THENCE SOUTH 4016' WEST 150.00 FEET TO THE NORTHEASTERLY MARGIN OF THE RIGHT OF WAY OF THE PUGET SOUND ELECTRIC RAILWAY; THENCE NORTH 4924' WEST ALONG SAID MARGIN OF THE RIGHT OF WAY, A DISTANCE OF 30.00 FEET; THENCE NORTH 4026' EAST A DISTANCE OF 150.00 FEET; THENCE SOUTH 49°24' EAST 30.00 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH A NON EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IN OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY; THAT PORTION OF STEPHEN FOSTER DONATION CLAIM NO. 38, SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A PONT WHICH BEARS NORTH 40 °01'05" WEST 920.15 FEET FROM A MONUMENT AT THE POINT OF INTERSECTION OF A CURVE ON THE CENTERLINE OF THE DUWAMISH- RENTON JUNCTION ROAD, SAID POINT OF INTERSECTION BEING APPROXIMATELY 1000 FEET EAST AND 20 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 14 AND 15, SAID TOWNSHIP 23; THENCE NORTH 4924'.00" WEST 835.00 FEET ON A LINE PARALLEL TO AND 150 FEET NORTHEASTERLY OF THE CENTERLINE OF THE SAID DUWAMISH- RENTON JUNCTION ROAD, TO A POINT WHICH BEARS NORTH 81 °44'15" EAST 199.17 FEET FROM THE POINT OF CURVE ON THE CENTERLINE OF THE SAID DUWAMISH- RENTON JUNCTION ROAD, SAID POD IT OF CURVE BEING APPROXIMATELY 1200 FEET NORTH AND 440 FEET WEST OF THE QUARTER CORNER BETWEEN SAID SECTIONS 14 AND 15. THENCE SOUTH 40°36'.00" WEST 20.00 FEET TO THE NORTHEASTERLY MARGIN OF THE RIGHT OF WAY OF THE PUGET SOUND ELECTRIC RAILWAY; THENCE NORTH 4924'00" WEST ALONG SAID RIGHT OF WAY 378.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40°36'00" EAST PARALLEL WITH SAID 48 AVENUE SOUTH, 24.00 FEET; THENCE SOUTH 4924'00" EAST PARALLEL TO SAID SEATTLE TRANSMISSION LINE RIGHT OF WAY, 378.29 FEET; THENCE SOUTH 40°36'00" WEST, 24.00 FEET; THENCE NORTH 4924'00" WEST TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF OF SAID EASEMENT LYING WITHIN 4r AVE SOUTH; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UNDERGROUND UTILITIES AS DESCRIBED IN EASEMENT RECORDED UNDER RECORDING NUMBER 9105061004. END OF SCHEDULE B wVCONIMINavuiZiuiIiiui PARCEL NO 0003C0 -0116 er-Lit. t.rx.pt ajar. rc:s Cilts�l.h,.. Dniga EXHIBIT B PARCEL 000300 0116 Y4 T ERL INE EASEMENT N.T.S. NE i/4 SEC. 15, T. 23 N., R. 4 E, 'A.YL Y d (41,C s y q o N 2 0 9G a Hi 14, G aLy CFr GF S ls F v ly t t o C5 5 l I 0 o C i et, .P 4 I III o p yT g O Y 1990 n' H 4 o 0 42 r� FEBRUARY 28, 2008 T.P.0.3. FCR PARENT PARCEL T.PAB. FCR WATERLINE EASEMENT 67038 WL EASERENT.awg PARCEL "B" EXHIBIT C JACK- DI -BOX TAX PARCEL 000300 -0106 THAT PORTION OF STEPHEN FOSTER DONATION CLAIM NO. 38 AND OF THE C.C. LEWIS DONATION CLAIM NO. 37 IN SECTION 10, 11, 14 AND 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY LOCATED WITHIN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT WHICH BEARS NORTH 40 °01'05" WEST A DISTANCE OF 920.15 FEET FROM A MONUMENT AT THE POINT OF INTERSECTION OF A CURVE ON THE CENTERLINE OF THE DUWAMISH- RENTON JUNCTION ROAD, SAID POINT OF INTERSECTION BEING APPROXIMATELY 1000 FEET EAST, 20 FEET SOUTH OF THE QUARTER CORNER BETWEEN SECTIONS 14 AND 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE NORTH 49°24' WEST ON A LINE 150 FEET DISTANCE FROM AND PARALLEL WITH THE CENTERLINE OF THE SAID DUWAIl4ISH- RENTON JUNCTION ROAD, A DISTANCE OF 835.00 FEET TO A POINT WHICH BEARS NORTH 81 °44'15" EAST A DISTANCE OF 199.17 FEET FROM THE MONUMENT AT THE END OF A CURVE ON THE CENTERLINE OF THE SAID DUWAiMTSH- RENTON JUNCTION ROAD, SAID END OF A CURVE BEING APPROXIMATELY 1200 FEET NORTH AND 440 FEET WEST OF QUARTER CORNER BETWEEN SAID SECTIONS 14 AND 15. THENCE NORTH 49°24' WEST A DISTANCE OF 16.00 FEET; THENCE NORTH 40°36' EAST A DISTANCE OF 682.10 FEET; THENCE NORTH 49°24' WEST A DISTANNCE OF 310.21 FEET; THENCE SOUTH 40 '36' WEST A DISTANCE OF 552.10 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 49°24' WEST 52.08 FEET; THENCE SOUTH 40°36' WEST 150.00 FEET TO THE NORTHEASTERLY MARGIN OF THE RIGHT OF WAY OF THE PUGET SOUND ELECTRIC RAILWAY; THENCE SOUTH 49°24' EAST ALONG SAID MARGIN OF THE RIGHT OF WAY, A DISTANCE OF 52.08 FEET; THENCE NORTH 40 '26' EAST A DISTANCE OF 150.00 FEET TO THE TRUE PONT OF BEGINNING OF DESCRIPTION. Portion NE NE 14 15 -23 -4 interub vts Lt. p r •JGC WW3 D.0 n .57 00450 I Lg. O STEPIEN FO5TFl: D G 33 000300 0 24 <SO a 5 -r 3 o O AA PACMIC NORTHWEST TITLE Order No. 662383 Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. N EXHIBIT "D" Water Line Easement Legal Description That portion of the Stephen Foster Donation Claim No. 38 in the northeast quarter of the northeast quarter of Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington described as follows: Commencing at a point which bears north 40 °01'05° west 920.15 feet from a monument at the point of intersection of a curve on the centerline of the Duwamish- Renton Junction Road, said point of intersection being approximately 1000 feet east and 20 feet south of the quarter corner between Sections 14 and 15, said Township 23; Thence north 49 °24'00" west 835.00 feet on a line parallel to and 150 feet northeasterly of the centerline of said Duwamish- Renton Junction Road, to a point which bears north 81°44'15" east 199.17 feet from the point of a curve on the centerline of said Duwamish- Renton Junction Road, said point of curve being approximately 1200 feet north and 440 feet west of the quarter comer between said Sections 14 and 15; Thence south 40 °36'00" west 20 feet to the northeasterly margin of the right of way of the Puget Sound Electric Railway; Thence north 49 °24' west along said right of way 378.29 feet to the TRUE POINT OF BEGINNING; Thence north 40 °36' east 150 feet; Thence south 49 °24' east, a distance of 182.29 feet; Thence south 40 °36' west 150 feet; Thence north 49 °24' west 182.29 feet to the TRUE POINT OF BEGINNING; A waterline in a strip 24 feet in width bordering the City of Seattle Light Transmission Line right -of -way commencing at the southwesterly corner of the property to the northwesterly of the property. Together with an easement for a water line following described property above.