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AG 96-287 DATE I . DATE CUT: To: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/5IGNATURE ROUTING 5LIP PRC.JECT NAME: \<, III / ç; '2.,~l~ s. / .--. 61 NAME OF" CONTRACTOR: rfl \Ö '0.."- . ADDRESS: ~. D <ß D X ú,r.,é;3,¡ \ TYPE of PERSoN oR ENTITY (CHECK oNEI: ~LlA.~, 1. CR""NATING DEPT./Dlv.: ~ (1 V,S /1.) M 2, CRIGINATIN'" STAFF PERSoN: V(,,4+ 4. TYPE of DoCUMENT REIOUESTED (CHECK ONE): 0 PRDFESS'DNAL SERVICEB AGREEMENT 0 MAINTENANCE/LAB DR AGREEMENT 0 PUSL'C WORKS CONTRACT 0 SMALL PUBL'C WORKS CDNTRACT (LE.. TNAN "',0001 0 PURCHABE A"REEMENT IMATE."L., BuPPL,n, EOU'PNENT> 0 REAL EBTATE PURCHASE & SALES AGREEMENT 0 IND'VIDUAL 0 PARTNERSHIP EXT:'1!'2i:.. 3. DATE REIO, By: ~/z3/qll 0 SECURITY DOCUMENT ....., AO.UNENT & P.."MAON BONO, A..'ONNENT OE FUND. 'N L'EU DE BoNo' 0 CONTRACTOR SELECT'DN DOCUMENT ..,.., R.B, R'P, RFQI 0 CONTRACT AMENDMENT ~EABEMENT 0 OTHER A"'#' Q.hr- T\!\C- I ex"'-s A'1.1, JJe..LI -/f,Jll PHDNE: (¿IV) ':0-"'4- \j~{"'<{ 75ur" - o"3'f 0 SOLE PRDPR'ETDRBH'P STATE> 0 CDRPDRAYODN TAX IO#/SS#, I SI"'NATURE NAME: T'TLE: 7,1 SCCpE CF WCRK: ATTACH EXH'SIT A' A COMPLETE AND DETAILED DESCR'PTOoN OF THE SERV'CES OR SCOPE OF ! WORK, INCLUD'NG COMPLETION DATES FOR EACH PHASE OF WORK AND LoCATOON OF WoRK, i Bj TERM: COMMENCEMENT DATE> 91 T:;"':~L~u:~.:"o~:o~.:'.,"2:~?~~A"D!' mAOH "OHECU", OE EN.LOTE" TOT'" AND HOU"LT PATn' REIMSURSASLE EXPENSES: DYES ONe Is SALES TAX CWED? 0 YES 0 No 10j SELECTIoN PRoCESS USED (CHECK oNE>: 0 REQUEST FOR S'DS 0 REQUEST FOR PRDPDSALS CoMPLETOoN DATE: ('NCLUDES EXPENSES AND SALES TAX, OF ANY) IF YES, MAXIMUM DoLLAR AMOUNT: $ IF YES, $ 0 CONTRACTOR OCITY PAID SY: 0 REQUEST mR IOUDTES 0 REQUEST FDR IOUAUFOCAT'DNS 0 ARCHOTECT & EN~'NEER L'ST 0 SMALL WDRKS ROSTER 1 1 CCNTRACT REVIEW 0 D'RECTDR 0 LAW (ALL CDNTRACTS) 0 R'SK MANAGEMENT I~~~~::OTT",,":::LE:;T~:: '::::::':.~~~;", 0 PURCHAB'NG 121 CCNTRACT SIGNATURE RCUTING 0 LAW OEPARTMENT 0 C'TY MANA~ER 0 CITY CLERK I 0 SOGNED COpy BAC)S, TO D'J:1!!tYON~ DEPT. i )(ASS'~NED A'" # '11f)- - 0 PURCHAS'N~' PLEASE CHAR~E TO' INITIAUDATE ApPRoVED MfJr /J7 Pre If/ (J /' J:. rfj2alö lJ(# d-~ / I 1'7 7; /7c. I (ÇTO~A,TE fþ;ì1? ~NN'N" ~ ~ ;""~~'f,?:.!~1~" ~~í~ j .~:: ;!':£ e.; !: WH<T'" 0.'0'.., --... WOTH OOHT.AOT CANARY' m., TO..... P'NK' LAW C"T, OOLOENROO. O.'D'N"'HO ..." LOA" OREV .,... ~I 01 ""1 ~.¡ I .-4, .-41 ""I ~I 1 ! ,. ¡. s; Ii ,I - ¡ ~ .. Ii ~ , '!! ¡¡¡ A6 cHr .zg I FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: FRITO -LAY INC, MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Marwan Sallnllm EASEMENT FOR TELECOMMUNICATION AND ELECTRICAL FACILITIES For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, FRITO - LAY INC., a Delaware Corporation, ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation (PGrantee") for the purposes hereinafter set forth a perpetual easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: Lot A of City of Federal Way Boundary Line Adjustment No.90-0007, recorded under Auditor's File No. 9011029001, said Boundary Line Adjustment being a portion of Lot 12, West Campus Business Park, according to the plat recorded in volume 97 of Plats, pages 78-82, inclusive, in King County Short Plat No. S89S0209 recorded under Auditor's File No. 8911010778, records of King County, Washington. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon the Southerly ten (10) feet of the Property (the" Easement"). 1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, with five (5) days prior written notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect, construct, reconstruct, modify, operate, maintain, repair, replace and enlarge all telecommunications facilities, and electrical facilities including, but not limited to, underground facilities and/or systems (the "Facilities") upon and under the Easement, together with all necessary or convenient appurtenances thereto. 2. Access. Grantee shall have the right of access to the Easement, with five (5) days prior written notice, over and across the Property to enable Grantee to exercise its rights hereunder, 3. Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement, including the existing fence, and may level and grade the Easement to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent reasonably practicable, restore the Easement to a condition similar to its condition prior to such work including reconstruction of the existing fence. During any period during which Grantee engages in construction of the Property, Grantee shall provide a temporary fence on the south side of the Property. Following the installation of the Facilities, Grantor may undertake any ordinary improvements to the landscaping of the Easement, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement for any purpose not inconsistent with Grantee's rights provided: further, that Grantor shall not construct or maintain any buildings or other structures on the Easement, that Grantor shall not perform without Grantees written consent digging, tunneling or other form of construction activity on the Property, which would disturb the compaction or unearth the Facilities on the Easement, or endanger the lateral support to the Facilities; and that Grantor shall not blast within fifteen (15) feet of the Easement. Grantee guarantees that the easement work will not diminish the structural soundness of the existing retaining wall. 5, Successors and Assigns, The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors, heirs and assigns. ORIGINAL DATED THIS 31st day of Dctober, 1996 GRANTOR FRITO -LAY INC. Bya~6~~ (signature) CLINT BIXLER GRANTOR'S NOTICE ADDRESS (name) REAL ESTATE REPRESENTATIVE (title) APPROVED AS TO FORM: I , \ ! By:--Æ-n.--v7 -' , ~'1--' Londi K. Lindell City Attorney 0 , tÞ i NI "' ' 0 I ~' N ~ ~ ~ (f) ~L.~ [Individual Notary] STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day of . 19 ,before me, the undersigned, a Notary 'PubficT"âiïd'for thë-State of Washington, duly commissioned and sworn, personally appeared Kenneth E. Nyberg, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires ',ISWMII'ROJECTSI3300<JTIS1EASEM.FM FRITO.LAY, INC. 7701 LEGACY DRIVE ATTN: RE. DEPT. MD 4A-247 PlANO, TX 75024 PHONE: (972) 334-7000 FAX: (972) 334-5175 [Corporate Notary] STATE OF TEXAS ) ) ss. ) COUNTY OF COLLIN On (this day perSOnallY! <lPpeared before me C l Y.,.-I. e, ~ o.:i- '1'( , t~ me known to be,the \<h. 7.<"~. ~~~Of '\==r \'-\Qr-\.R-~ ~ , the corporation that ex.!cuted the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and th~t the seal affixed, if any, is the corporate seal of said corpor'ation. (type printed name of notary) I _I Notary lic in and for the Gt6t~ ul ...s""'gtðn. 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