HomeMy WebLinkAbout5.65 Original ContractDear Sir:
REP /rm
Enclosure
Mr. James W. Ewins
Senior Construction Engineer
McDonald's Corporation
130 Andover Park East
Tukwila, WA 98188
TOURIST MECCA OF THE NORTHWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
September 8, 1976
The Port. Angeles Public Works Department wishes to 'inform you of
their desire to cooperate with you regarding the installation of
curb and gutter on Front and Penn Streets abutting the location
of your new restaurant.
A cooperative agreement has been prepared and is now being
submitted to you for your approval.
Curb and gutter as indicated in green on the attached site develop-
ment plan may be delayed until such time as the realignment pro-
ject on Front Street is complete.
As indicated in red on the site development plan, the curb and
gutter for Penn Street should be installed at this time in
accordance with your construction plans.
Sincerely,
9 1,0/
r
David T. Flodstrom
Director of Public Works
e
5
D /l s
Dear Mr. Ervins:
cc: Dave Flodstrom
Bill Easley V
Y
Mr. Jim Ervins, Construction Manager
McDonald's Corporation
2750 Northrup Way
Belleview, Washington 98004
TOURIST MECCA OF THE NORTHWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
December 3, 1979
With regard to your November 11, 1979 inquiry as to the satisfactory
landscaping completion, todate it has not been completed.
Initially in the Spring, 1978, Mr. Roth, Dave Flodstrom, Bill Easley,
Park Superintendent, and I met to agree the City would submit a design and
installation cost for Mr. Roth to review. We therefore submitted the at-
tached design to Mr. Roth to determine his degree of participation with the
City. We have never received a response from Mr. Roth.
Attached please find a second letter, dated January 11, 1979 from Dave
to the McDonald Corporation addressing the same subject. Shortly after
this letter, Dave contacted me to seek inform concerning the project.
I informed Dave I had not received any communication from Mr. Roth but had
contact with Mr. Greg McGrew and was mailing a copy of the design. He
stated he would meet with Mr. Roth for a final participation decision. At-
tached please find a copy of that letter, dated February 15, 1979. To date
I have not received any communication from Mr. McGrew.
At this point, The City has completed the landscaping and beauti-
fication within the restaurant area. It was the City's view that while
we were working in the area we could have helped McDonald with their site.
However for some unfortunate reason this effort did not materialize.
Should you have any questions please feel free to contact me at my
office. Phone number 457 -0411 ext. 160.
Sincerely,
://pvivf/
Donald Frizzell, Director
Parks and Recreation Department
AcREEM7,NT
THIS AGREEMENT made this day of September, 1976 by
and between the CITY OF PORT ANGELES, a municipal corporation,
hereinafter called "City," and 2.cDONALD'S CORPORATION, hereinafter
called "IcDonald's," WITNESSETH:
WHEPEAS, licDonald's owns certain property abutting on Front
Street at the eastern City Limits of the City and have decided to
build and onerate a restaurant thereon' and
r7HEPEAS, the City will require McDonald's to install curb
and gutter along that portion o its property abutting on Pront
Street: end
WHEREAS, the Highway Department of the State of Uashington
is in the procees of designing a realignment of that portion of
Front Street abutting on the NicDoneld's property7
NOW, THETEFORE, in consideration of the mutual covenants
herein contained, the parties aaree as follows!
1. The City will permit McDonald's to proceed with the
construction of its restaurant without installing the required
curb and gutter on Front Street until such time as the realiareeent
referred to is coyepleted by said Highway Deyeartment,,
2 PcDonald'y will install the necessary curb and gutter
on Front Stet in accordance with the City 's specifications as
soon as he realignment is completed. As a guarantee of performance
of this obligation, McDoneld's ehall deposit within ten (10) days of
the execution of this ag e in Hundred Forty Dollar ($940.00)
in G3C:COW with
545
3. The City aarcee that upon completion of the installation
of the curb and gutter as required, it will advise the escrow holder,
in writing, to return the escrow Zunds to McDonald's. In the
event the curb and gutter are not installed within
dayo after the real:Ignment of Front Street is coFlpleted,the
escrowed funds will be delivered by the escrow holder to the
City for deposit in the Street Fund. Both parties agree that
the escrowed funds may be deposited at interest by tho escrow
holder and that if the lands are returned to McDonald's, it
shall be entitled to the accrued interest at that time and if the
money is delivered to the City, the City will be entitled to the
accred interest on said funds.
IN WITDESS MIEREOF, the parties hereto have sat their
hands the day and year above written.
CITY O PORT ANGLES
By
Attest
EcDONALD'S COnPORATION
By
2
MgYor
City criZY
COMPROMISE AND SETTLEMENT AGREEMENT
Agreement between McDonald's Corporation, a Delaware
Corporation, hereinafter referred to as McDonald's', Jack
Plaskett and Margaret Plaskett, his wife, hereinafter referred
to as Plasketts; and the City of Port Angeles, hereinafter re-
ferred to as City.
5, G5
I
PURPOSE
This agreement is made as a compromise between the
parties for the complete and final settlement of their claims,
differences, and causes of action with respect to the dispute
described below.
This agreement is executed by the parties hereto for the
sole purpose of compromising and settling the matters involved
in this dispute, and it is expressly understood and agreed, as
a condition hereof, that this agreement shall not constitute
nor be construed to be an admission on the part of any of the
parties hereto or as evidencing or indicating in any degree an
admission of the truth or correctness of any claims or allega-
tions herein below asserted.
II
STATEMENT OF DISPUTE
MCDONALD'S ASSERTS A CLAIM AGAINST THE PLASKETTS based
on the following allegations:
McDonald's entered into a written agreement entitled
"Real Estate Sale Contract" with the Plasketts on December 22,
1975, a copy of which agreement, including the final legal
description approved for Title Insurance, is attached hereto,
marked Exhibit A and by this reference is incorporated herein.
McDonald's would not have agreed to purchase the real
property, the subject of the said real estate sale contract
absent access to Front Street.
The City required that Front Street, being a part of the
State Highway System, be realigned before the City would approve
egress onto Front Street from the property described in said
real estate sale contract. The Plasketts well knew that the
said realignment required by the City contemplated that the
Plasketts would necessarily have to convey or dedicate certain
real property to the City to facilitate said realignment of por-
tions of Front Street. The Plasketts represented to both
McDonald's and the City that they would make such conveyance or
dedication to the City. In reliance upon said representation,
the City issued a building permit for the construction of the
proposed McDonald's restaurant on the land described in the said
real estate sale contract.
In reliance upon the above, McDonald's, in turn, entered
into agreements with others for the construction of McDonald's
Restaurant and the subsequent operation thereof. Following
commencement of construction, Plaskett failed to make the
conveyance or dedication of land referred to above to the City
and the City, in turn, refused to inspect construction and refused
to issue a sewer construction and hook -up permit as well as other
necessary utility permits. The City indicated that its re-
fusals were motivated by McDonald's claim of a right of egress
onto Front Street.
Although McDonald's eventually completed construction
and commenced operations, McDonald's claims that the Plasketts
were unjustly enriched in that by receipt of the proceeds of
the sale of the property referred to in the real estate sale
contract, Plasketts were enabled to prevent the reposession of
the subject real property and adjoining land not sold by the
Plasketts, including such land as was contemplated would be
required for the realignment of Front Street. Additionally,
McDonald's claims that it suffered irreparable damage by reason
of the consequent delay beyond the anticipated completion and
opening dates for the Restaurant.
Page 2.
PLASKETTS DENY ANY DEFAULT, BREACH OR LIABILITY TO
MCDONALD'S and assert as follows:
The Plasketts fully performed their contract with
McDonald's.
The City interfered with McDonald's construction.
THE CITY DENIES ANY LIABILITY TO MCDONALD's and asserts
as follows:
McDonald's failed to give the City timely notice of the
refusal of the Plasketts to convey the real property necessary
to effectuate the realignment of Front Street and necessary to
McDonald's egress onto Front Street.
MCDONALD's DENIES ANY LIABILITY TO EITHER PLASKETTS OR
THE CITY OR BOTH.
In consideration of the foregoing allegations, the
parties desire to reach a full and final compromise and settle-
ment of all matters and all causes of action arising out of
the assertions and claims as set forth above.
III
TERMS OF SETTLEMENT
In consideration of the mutual covenants set forth
herein, the parties agree as follows:
1. Subject to the acceptance of this agreement by the
City Council of the City of Port Angeles, the City agrees as
follows:
A. To select and employ at its sole expense an expertreal.
estate appraiser to determine the fair market value of
the real property described in the Warranty Deed
executed January 20, 1977 by the Plasketts to the City;
such appraisal to be made in conformance with methods
and practices customarily employed in public condemna-
tions of private property for highway purposes.
B. To grant a parking and sign easement as follows:
To permit the parking of motor vehicles on that
portion of the property conveyed by such deed lying south
or westerly of the curb line which it is contemplated
Page 3.
shall be constructed along the south and west sides of the proposed
highway realignment; subject to the user's construction of a barrier
thereon which will prevent the shining of vehicle headlights toward
oncoming traffic; and further permitting the owner or user of such
retained tract, or any portion thereof, to erect, operate and maintain
signs on such tract in compliance with applicable sign code; and
C. At the time of the realignment of Front Street and at the sole
expense of the City, to furnish and install proper and sufficient water
and sewer pipe lines and electrical conduit all to the boundary of the
retained property and not beyond. Such installations shall not terminate
under the property conveyed by such deed or the common egress to
Front Street.
D. The retained property shall have an easement for vehicle access
from First Street by a ramp abutting the inner curve of the realignment.
The City agrees fully to cooperate with the occupant of the retained
property in the design approval thereof.
E. To grant to the retained property a slope easement in the area lying
between the curb line and the retained property.
F. The grants herein made by the City are understood to be only those
within the lawful authority of the City; and it is recognized by the
Plasketts that such uses are subject to regulation by the State Highway
Department.
2. McDonald's agrees to dismiss Clallam County Cause No. 24039
with prejudice and without costs to any party upon completion of conveyances
or dedications necessary to complete the realignment of and egress to Front
Street and approved by McDonald's.
3. Plasketts agree as follows:
A. To dismiss Clallam County Cause No. 21515 with prejudice and
without costs to any party.
B. To convey to the City all real property described
Page 4.
in the Warranty Deed dated January 20, 1977, a copy of
which is hereto attached and incorporated herein by
this reference.
C. In the use or exercise of such easements the occu-
pant of the retained property shall not interfere with
lateral support of abutting roadways.
4. The parties agree that all claims, demands, rights
and causes of action they have or may have against one another
with respect to the above described disputes are satisfied,
discharged, and settled without cost or fees in either of the
above identified court actions.
The parties agree to execute any separate documents
necessary to effectuate the agreements herein.
I V
RESERVATIONS OF RIGHTS
This compromise agreement is to operate as a release and
discharge only as between the parties hereto, and it is agreed
that the parties expressly reserve the right to prosecute suits
and claims against any and all other persons and corporations
that may be responsible for or may have contributed to the in-
juries and damages sustained and claimed by any party.
V
CHANGE OF FACTS
It is understood by the parties that the facts in respect
of which this agreement is made, may hereafter prove to be
different than the facts now known by any of them or believed
by any of them to be true as set out in this agreement. Each
of the parties hereto expressly accepts and assumes the risk
of the facts proving to be so different, and each of the parties
hereto agrees that all the terms of this agreement shall be in
all respects effective and not subject to termination or re-
cision by any such subsequently discovered difference in facts.
VI
EFFECT OF AGREEMENT
This agreement shall be binding and inure to the benefit
Page 5.
of the parties and their respective legal representatives, heirs, successors
and assigns.
In the event this agreement shall not be formally accepted by the City
Council before 9:00 A M. on January 25, 19 7 7 then this agreement shall be
deemed null and void ab initio and the parties shall retain and be restored to
such rights and obligations as may have existed in the absence of this agree-
ment.
VII
IN WITNESS WHEREOF, the parties have executed this agreement on
the date appearing above their respective signatures of their local representatives
DATED THIS c2.S day of January, 1977.
,ik Plaskett
first above written.
Margaret skett
STATE OF WASHINGTON)
County of Clallam
On this day of January, 1977, before me, the undersigned, a
notary public in and for the State of Washington duly commissioned and sworn,
personally appeared Jack Plaskett and Margaret Plaskett, to me known to be
the said individuals, and acknowledged the execution of this instrument to be
the free and voluntary act and deed of said individuals.
WITNESS my hand and official seal hereto affixed on the day and year
B ed F'_
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NOT ZY PUB�`IC in and f tl',� State of
Wasl.•;ton, residir;g at r 4
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OF 3 N S s f i, d
STATE OF WASHINGTON)
County of Clallam
McDonald's Corpo
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By
A j SElintt eisj 6swMM4
"goisrrdilestgaiO41- (IF A RA
F71.- McDeuacs Ceeeporeano?/
STATE OF WASHINGTON)
County of Clallam
On this .2 day of January, 1977, before me personally appeared
ME Lill AI B,eoo,c and E j '1 o L 1,tir
SEstrLE REw' EsrAre 41*-4Gem.
to me known to be the e/Q.0 Dot and‘ip0000totary of the corporation that executed
eateatEi o f (QL=COfeD fon
the within and foregoing instrument, and acknowledged 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 they were authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
NOTARY PUBLIC in and for the State of
Washington, residing at /at-
2
City of Port Angeles
By( J
Mayor
By G.. C=
City Clerk
This is to certify that on this o� S day of January, 1977, before
me, a Notary Public in and for the State of Washington, personally appeared
Carleton B. Olson, as Mayor, and Marian C. Parrish, as City Clerk, to me
known to be the Mayor and City Clerk, respectively, of the CITY OF PORT
ANGELES, a municipal corporation, and they acknowledged to me that they
executed the f oregoing instrument as the free and voluntary act and deed
Page 7
of said municipal corporation, and on oath stated that they were authorized to
execute the same, and that the seal affixed is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC in and for the State
of Washington, residing at
r
To:
I .V• lvvL a.r,. Iar /v/
Pioneer National Title Insurance Company
MC DONALD'S CORPORATION
C /O,' MEL BROOK
CC: ESCROW
CC: PETERSEN ASSOCIATES
CC: JACK PLASKETT
WASHINGTON STATE DIVISION
SUPPLEMENTAL TITLE REPORT
F',i,g, T P- P g
Your Loan No.
Tfixix xxWAxxx mix mZex Aecmc cx° A mxxxfx xxxxi x rxe
xxxxxxxx Y Y Y x x x,x xx.x.x Rx<C
Our Order No. M
(Mortgagor)
(Purchaser) PLASKETT MC DONALD'S
5,t05
Except as set forth below:
LEGAL DESCRIPTION HAS BEEN AMENDED TO:
THAT PORTION OF THE NORTH 2 ACRES OF SUBURBAN LOT 13, PORT ANGELES
TOWNSITE LYING NORTH OF THE OLYMPIC HIGHWAY, ALSO KNOWN AS U.S. HIGH—
WAY 101, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SUBURBAN LOT
13 WITH THE NORTH RIGHT —OF —WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE
ON A 2835 FEET RADIUS CURVE CLOCKWISE, THE CENTER OF WHICH BEARS NORTH
17 09'27" EAST, THROUGH A CENTRAL ANGLE OF 4 01'50 A DISTANCE OF
199.43 FEET TO THE WEST LINE OF SAID SUBURBAN LOT 13; THENCE NORTH
33 °24'29" EAST, ALONG SAID WEST LINE, A DISTANCE OF 244.90 FEET TO THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 56 37'00" EAST, ALONG THE NORTH
LINE THEREOF, A DISTANCE OF 87.41 FEET TO A POINT OF CURVATURE; THENCE
ON A VARIABLE RADIUS CURVE RIGHT, THE BEGINNING RADIUS BEING 265 FEET,
THROUGH A CENTRAL ANGLE OF 9 °24'41 TO A POINT ON THE EAST LINE OF SAID
SUBURBAN LOT 13, HAVING A RADIUS OF 263.48 -FEET AND LYING SOUTH 49 54'36"
EAST, A DISTANCE OF 43.83 FEET FROM SAID POINT OF CURVATURE; THENCE SOUTH
15 12'02" WEST, ALONG SAID EAST LINE, A DISTANCE OF 200.92 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF BLOCK 2 AND VACATED ALLEY IN BLOCK 2 OF
GREEN'S BELLE VIEW ADDITION TO PORT ANGELES, CLALLAM COUNTY, WASHINGTON
AS RECORDED IN VOLUME 1 OF PLATS, PAGE 45, RECORDS OF CLALLAM COUNTY,
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT —OF —WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
15 12'02" EAST, ALONG SAID WEST LINE, ALSO BEING THE EAST LINE OF SAID
SUBURBAN LOT 13, PORT ANGELES TOWNSITE, A DISTANCE OF 200.92 FEET TO
POINT "A THENCE ON A VARIABLE RADIUS CURVE CLOCKWISE, THE BEGINNING
RADIUS OF WHICH IS 263.48 FEET, THE CENTER POINT OF WHICH BEARS SOUTH
42 47'41" WEST, THROUGH A CENTRAL ANGLE OF 8 32'03" TO A POINT HAVING
A RADIUS OF 262.12 FEET AND LYING SOUTH 40 57'06" EAST, A DISTANCE OF
39.13 FEET FROM SAID POINT "A THENCE SOUTH 25 29'03" EAST, A DISTANCE
Dated as of the 111 Hday of JUNE ,19 76 8A.M. (CONTINUED ON SCHEDULE 1)
Pioneer National Title Insurance Com p an y B
WASHINGTON STATE DIVISION
N. M- 33859 -TE
(LEGAL DESCRIPTION CONTINUED)
OF 182.05 FEET TO THE POINT OF BEGINNING.
ALSO TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER
THAT PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE SOUTH 37 00'00" EAST, A
DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF 49.5
FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE; THENCE NORTHWESTERLY
ALONG SAID CURVE COUNTER CLOCKWISE, A DISTANCE OF 16.9 FEET MORE OR
LESS TO THE TRUE POINT OF BEGINNING.
SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THAT
PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE NORTH 37 00'00" WEST, A
DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF
49.5 FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE; THENCE SOUTH-
EASTERLY ALONG SAID CURVE CLOCKWISE 16.9 FEET MORE OR LESS TO THE
TRUE POINT OF BEGINNING.
Schedule I (Continued)
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'c 5.66
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLALLAM
JACK W. PLASKETT, JR. and MARGARET
S. PLASKETT; ROY E. LIEURANCE and
ELAINE LIEURANCE; HARVEY M. GRAY
and BETTY GRAY,
Plaintiffs,
vs.
CITY OF PORT ANGELES,
Defendant.
NO. 2 1 5 1 5
STIPULATED ORDER
OF DISMISSAL
THIS MATTER COMING on regularly this day; and it appearing
that the plaintiffs did heretofore institute action against the
CITY OF PORT ANGELES, alleging certain damages; and the City
counter claiming; and it further appearing that such parties have
amicably resolved any dispute between them in such proceedings;
Now, Therefore,
IT IS HEREBY ORDERED that plaintiffs' complaint and defendant's
counter claim, be and the same herewith are,each dismissed with
prejudice and without costs to either party.
DONE IN OPEN COURT this day of 1977.
Presented by
HOWARD V. DOHERTY JOHN H.
DOHERTY, Attorneys for Plaintiff, PLASKETTS
By: r t4. -1 C 774 Jc
Jioward V. Doherty
Approved for entry by:
30 f j !T
31 Chet T. Wal`'rath, Attorney for
Defendant, City of Port Angeles.
-St ip /Ord /Dismissal-
J U D G E
HOWARD V. DOHERTY
JOHN H. DOHERTY
LAWYERS
212 EAST FIFTH STREET
PORT ANGELES. WASH. 90362
PHONE 462 -2391
4 IN AND FOR THE COUNTY OF CLALLAM
5
6 JACK W. PLASKETT, JR. and MARGARET
S. PLASKETT; ROY E. LIEURANCE and
7 ELAINE LIEURANCE; HARVEY M. GRAY
and BETTY GRAY,
8 Plaintiffs,
9 vs.
24
2
3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
10 CITY OF PORT ANGELES,
11 Defendant.
12
23
27 By:
28 Howard V. Doherty
-Stip /Ord /Dismissal-
29 Approved for entry by:__
30 (��1-
31 `Chet Walrat1i; Attorney for
Defendant, City of Port Angeles.
32
v �r
THIS MATTER COMING on regularly this day; and it appearing
13
14 that the plaintiffs did heretofore institute action against the
15 CITY OF PORT ANGELES, alleging certain damages; and the City
16 counter claiming; and it further appearing that such parties have
17 amicably resolved any dispute between them in such proceedings;
18 Now, Therefore,
19 IT IS HEREBY ORDERED that plaintiffs' complaint and defendant's
20 counter claim, be and the same herewith are,each dismissed with
21 prejudice and without costs to either party.
22 DONE IN OPEN COURT this day of 1977.
25 Presented by
26 HOWARD V. DOHERTY JOHN H.
DOHERTY, Attorneys for Plaintiff, PLASKETTS
NO. 2 1 5 1 5
STIPULATED ORDER
OF DISMISSAL
J U D G E
HOWARD V. DOHERTY
JOHN H. DOHERTY
EASEMENT
WHEREAS, Jack Plaskett and Margaret Plaskett, husband
and wife, of Port Angeles, Washington, have been the owners of
that certain tract described in warranty deed dated June 21,
m-______ 19 .74_se.c.orded_in....Yolume 403, page 594, records of Clallam
County, under Auditor's No. 455609, from grantors Gray and
Lieurance.(which tract is hereinafter termed Tract A); and
WHEREAS, Plasketts subsequently conveyed a portion of
the above tract to McDonald's Corporation, by instrument re-
corded in Volume 463, page 419 and 420, under Clallam County
Auditor's No. 455464 (which tract is hereinafter termed Tract
F3); and
WHEREAS, Plasketts thereafter conveyed to the City of
Port Angeles a portion of Tract A by deed dated January 21, 1977,
recorded in Volume 479, page 353, recorded under Clallam County
Auditor's No. 463545 (which tract is hereinafter termed Tract
C); and
WHEREAS, the parties Plaskett yet retain a portion of
Tract A (which tract is identified as "the retained tract
Now, Therefore,
FOR VALUABLE CONSIDERATIONS, the receipt of which are
herewith acknowledged, and in accordance with the action of
the Council of the City of Port Angeles at ems. meeting, held on
1 I:
January 244 1977, the City of Port Angeles, a municipal corpor-
ation, does herewith grant to Jack Plaskett and Margaret Plaskett
and to the retained tract easements appurtenant as follows:
-1-
5
(1) To permit the parking of motor vehicles
on that portion of Tract C lying south and west of
the curb line to be constructed on the realignment
of Front Street, Port Angeles, Washington, as presently
contemplated, subject to a headlight barrier to be
constructed by the grantees on the retained tract,
such barrier to prevent the shining of vehicle head-
lights toward oncoming traffic.
(2) To erect, maintain and operate signs on
the above portion of Tract C.
(3) A slope easement over such portion of Tract
C, for the purpose of adapting such slope areas to
the use of the retained tract, for aesthetic and
drainage purposes.
To have vehicle access from First Street
(PSH 101) by a ramp abutting the inner curve of such
proposed highway realignment, with cooperation from
grantor City in the design approval thereof.
The granting and exercise of the foregoing easements are
sub je,ct to all applicable law, including sign and state highway,
and subject to the obligation of the retained property not to inter-
fere with lateral support of abutting roadways.
DATED this
day of gr
1 977.
CITY OF PORT ANGELES
By
Carlton B. Olson, Myor
)e
Marian Parrish, Clerk
STATE OF WASHINGTON
)ss.
County of Clallam
On 'this 2q' day of _,fj Lj 1977, before me,
the undersigned, a Notary Public in and for the State of- Washington,
duly commissioned and sworn, personally appeared CARLTON B. OLSON
and MARIAN PARRISH, to me known to be the Mayor and City Clerk,
respectively, of the City of Port Angeles, a municipal corporation,
and acknowledged said instrument to be the free and voluntary act
and deed of said municipal corporation for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this Zq
of Adarc6 1977.
(2$4
NOTA 'Y PUBLIC
Statutory �ari Deed
f•', .acv GPAv L•. =TTY r.rdv 'Is ••IFE °T=oe= LI_UPA %C
E
THEGRANTR ;•c o.w LI_.'ot..E =LAP= F. LI_ .C=,
11; Ic
tar srdm tonuderato. o T ^^LL 'S a'! •LL•r.'L= �7'•cf�,- •�1�' i
an hand past conveys and warrants to 1:' ''1 •'rno =T PLL 'z':ETT -11c :1"E
the follows( dewrbed real mute. Maimed ea the County of L A L 1
Washington
PAPCEL "A':
LOTS 1, 2, 3 AND 4 AND THAT PORTION OF LOTS 5, 6, 7, 8 AND 9, LYING AND
BEING NORTH OF THE OLYMPIC HIGHWAY, ALL IN BLOCK 2, GPEEN'S BELLE VIEi.
ADDITION TO PORT ANGELES, CLALLAM COUNTY, WASHINGTON, ACCOPDfNG TO PLAT
THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 45, RECORDS OF SAID COUNTY.
h
P ARCEL "e
�1 L ewer onortnw nc T %MDrw ran &rocs nc cetwtt0RAN I nT 1 T, Tf1WNSTTr OF
r
6/24/76
'ORT ANGELES, CLALLAM COUNTY; WASHINGTON,
HIGHWAY.
1t- 1��6•��
This deed la given In fulfillment of that cert•ls real estate contract between the Parties hereto,
dated t 10 7= and conditioned for the coo•ey•nce of the above
described property, the coven•nts of warranty hereto contained sba11 not apply to any title,
tatereee or encumbrance arising by, through or under the purchaser to said contract, and shall not
apply to any Lases, assessments or other cbarge■ levied. d or becoming due subsequent
to the date of laid contract.
Leal E Excise lax van paid on this sale or •ta-xped aurora on •'E 7 1173, sac. A. 0112
,��yy 'I'i'i
Dated lhu �eELALLA�1 COUNTY
d
Q <p,....i .•AA, :T,O'S EXCtSE
a c 'l' t'I'�1,0_ r r�1 k��sf•
;.ij'! iREp.,cU RER
STATE OF WASHI,NGTOfv,
r J
County of r l r•L L f'•
GIVLN ender my Inuit sad necW d ttty
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.t 41
5TMr NnoTH nc THE OLY''P1C
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T re r- 4 A"
FORM Ls81
C.5: .1
Oa this day personally appeared before me f t o sec Y r r e Y
to tin known to be the edwdoal decnbed is and who esacated the withal and fare ourg fecros.o,l, and
achno.itdged that wgned the sane u T 1 free and voluntary att and reed. for the
SUS and purposes thrum msefawed•
Ltl ic
r2 sc ary hbftr 8s ed Jw u. Seas .1 W. n 4 t.0
STATE AF "LC'11 T" C7
Cotmty of
On this day o f t •'•L.. A. D 19 7 t Were me t undersigned. a Notary
Pubic m and for the State of duly commissioned and /1W0111 peroonally appeared
PI °P°' ?LC" onY L1='1°A• e•1' t Al' 3 F. LIE °A
to me known to be the IndrYtdtsal S demrated m and who executed the foregoing u..trument, and acknowledged to ma
that T he.Y owned and sealed thews' instrvn o t as __T.22-1' °_Iren and voluntary set and decd for the uses and purposes
therein mentioned.
WITNESS n.y band and offirul seal hereto affixed the day and year this certt6ute ahovEy.tten.
N.uey P.LLe *Li
fAeka.otedawsoe y I.J.e.do.t P.aeeee llauoeal Tl t I... ..co Coo:wan, fQ 1. 2Dli'• PAg 094
CT
Cl r
5.65
IST6 JUN 21 PI: 3 28
ALII,L
r;
TTAC'Irt. LEGAL DESCRIPTION
c7/
day or
JUNE,
76
°ry /'wAht L�
Aldine et PORT a A! lfE�r SJOre e/ N'atA,�fro�
tar 4D3 4 O
L'• :"9 rr
't
TO RIGHTS OF THE CITY OF
ht r
E IT
�1T7� j
T'fEPLY 1 5IF E 11'f Ti E SAID PRLYn15 fe f FEFS IF ANY) I
PORT ANGELES
ET OF SAID °RErtiS FT OF THE t /FS Irl S
ASE T OF
as 8l FEE
11
u 1
i
VI
I i li t JJt 1.
II I 1
i ai:1-T„ 1 X-T7rT w
JUNE, 1976/
rarAl�'
IDN, r �'',CL±
I sr At,l
Ca
+r'prarrsl f'r suss 6.;•
ndrv.Ju.iS d.ardrdsin and M A e K eru 44n MARf.AReT nL45KF.77, HIS
maned carne is T 1E the within and (mewling JnstrurrK
tin t Tuned 1 R free and v anc
oluntary act and deed, for the
and ofFi, ial 'd this n..2/ 1
THEGRA \T(IR S, JACK "LASY,FTT A•1D •"ARG4DET PLASKE.TT, 11S '11rE
for and in c"nsolerah "n nl TEN nnLLAPS NN OTHER VAL'IARLE IS 1 neoAT 1 ONS
m hand paid c and warrant. to MC DO44Ln' S cn4noP4T tn'I, A r e L A• I ADe fnoonoATTn•I
the lollowmR de%crthrd rral estate, srtu+ted on thr 1 "unt. of f LALLA•" Slate of
N ashtni'on
THAT PORTION OF THE NORTH 2 ACRES OF SUBURBAN LOT 13, PORT ANGELES
TOWNSITE LYING NORTH OF THE OLYMPIC HIGHWAY, AL,O KNOWN AS U.S. HIGH-
WAY 101, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF TNL EAST LINE OF SAID SUBURBAN LOT
13 WITH THt NORTH RIGHT-OF-WAY MARGIN OF SAID U.S. HIGHWAY 101, THENCE
ON A 2835 FEET RADIUS CURVE CLOCKWISE, THE CENTER OF WHICH BEARS NORTH
17 "09'21' LAST, THROUGH A CENTRAL ANGLE OF 4 01'50 A UISTAIJCL OF
199.43 FEET TO THE WEST LINE OF SAID SUbURdAN LOT 13; THENCE NURIt4
33 "24'29" EAST, ALONG SAID WEST LINE, A DISTANCE OF 244.90 FEET TO THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 56 37'00" EAST, ALori(, THE NORTH
LINE THEREOF, A DISTANCE OF 87.41 FEET TO A POINT OF CURVATURE; THENCE
ON A VARIABLE RADIUS CURVE RIGHT, THE BEGINNING RADIUS BLING 265 FELT,
THROUGH A CENTRAL ANGLE OF 9"24'41 TO A POINT ON THE EAST LINE OF SAID
SUBURBAN LOT 13, HAVING A RADIUS OF 263.48 FELT AND LYING SOUTH 49
EAST, A DISTANCE OF 43.38 FEET FROM SAID POINT OF CURVATURE; THENCE SOUTH
15 12'02" WEST, ALONG SAID EAST LINE, A DISTANCE OF 200.92 FEET TO TAE
POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF BLOCK 2 AND VACATED ALLOY IN BLOCK 2 OF
GREEN'S BELLE VIEW ADDITION TO PORT ANGELES, CLALLAM COUNTY, WASHINGTON
AS RECORDED IN VOLUME 1 OF PLATS, PAGE 45, REC'IRDS OF CLALLAM COUNTY,
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101, THENCE NORTH
15 12'02" EAST, ALONG SAID WEST LINE, ALSO BEING THE EAST LINE OF SAID
SUBURBAN LOT 13, PORT ANGELES TOWNSITE, A DISTANCE OF 200.92 FEET TO
POINT "A THENCE ON A VARIABLE RADIUS CURVE CLOCKWISE, THE BEGINNING
RADIUS OF WHICH IS 263.48 FEET, THE CENTER POINT OF WHICH BEARS SOUTH
42 °47'41" WEST, THROUGH A CENTRAL ANGLE OF d'32'03" TO A POINT HAVING
A RADIUS OF 262.12 FEET AND LYING SOUTH 40 "57'06" EAST, A DISTANCE OF
39.13 FEET FROM SAID POINT "A THENCE SOUTH 25'29'03" EAST, A DISTANCE
OF 182.05 FEET TO THE POINT OF BEGINNING.
ALSO TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER
THAT PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON TOE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE SOUTH 37'00'00" EAST, A
DISTANCE OF 16.91 FEET, THENCE NORTH 25 29'03" EAST, A DISTANCE OF 49.5
FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE; TIIENCL I.ORTr1WESTERLY
ALONG SAID CURVE COUNTER CLOCKWISE, A DISTANCE OF 16.9 FEET MORE OR
LESS TO THE TRUE POINT OF BEGINNING.
SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THAT
PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE NORTH 37"00'00" WLsT, A
DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF
49.5 FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE; THENCE SOUTH-
EASTERLY ALONG SAID CURVE CLOCKWISE 16.9 FEET MORE OR LESS TO THE
TRUE POINT OF BEGINNING.
6 /71/76
d 463 m419
i 5t
C /1 25777.
STATUTORY WARRANTY DEED
THE GRANTOR Jack Plaskett and Margaret Plaskett, his wife
for and in consideration of One Dollar and other valuable considerations
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate, situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townsite of Port Angeles,
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats. Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56 37'00"
east along the north line thereof, a distance of 87.41 feet to the true
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle of 9 24'41" to a point having a radius of 263.48
feet and lying south 49 5 4 '36" east, a distance of 43.38 feet more or
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belle
View Addition, that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve
clockwise, the beginning radius of which is 263.48 feet, the central
point of which bears south 42"47'41" west, through a central angle of
8°32'03" to a point, having a radius of 262.12 feet and lying south 40 57'06"
east, a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51'19'44" west,
through a central angle of 13 33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
am,i.e ti batue the south margin of Block 2 of Greens Belle View Addition.
l'oI 7 F gSi ""Or7nt•A :ITT r 2 4-:- Z /'f
t 'Y'i••cH !/i
STATE OF WASHiNGTSN)
ss
County ofLia
On this day personally appeared before me Jack Plaskett and Marrpret Plaskett
to me loponowto --be the individuab described
fo+ go`Yag JostFu+ Viand acknowledged that
All ?4 bTP Ast,and fed, for the uses and purposes therein
GIVEN under my.htnb and official seal this ;7/ day of
PUSL\G, tz,I
=z�f W AS" 5 2,
seal)
in and who executed the within and
they signed the same as their free
otary Public to ano
Washington, residing
DATE (,1 /777
3
mentioned.
January, 1977.
p
for Tort St ge.Le
at e s
poss 479
1
1
1
1
4
EASEMENT
WHEREAS, Jack Plaskett and Margaret Plaskett, husband
and wife, of Port Angeles, Washington, have been the owners of
that certain tract described in warranty deed dated June 21,
1976, recorded in Volume. 403 _page 594, records of Clallam
County, under Auditor's No. 455609, from grantors Gray and
Lieurance (which tract is hereinafter termed Tract A); and
WHEREAS, Plasketts subsequently conveyed a portion of
the above tract to McDonald's Corporation, by instrument re-
corded in Volume 463, page 419 and 420, under Clallam County
Auditor's No. 455464 (which tract is hereinafter termed Tract
B) and
WHEREAS, Plasketts thereafter conveyed to the City of
Port Angeles a portion of Tract A by deed dated January 21, 1977,
recorded in Volume 479, page 353, recorded under Clallam County
Auditor's No. 463545 (which tract is hereinafter termed Tract
C); and
WHEREAS, the parties Plaskett yet retain a portion of
Tract A (which tract is identified as "the retained tract
Now, Therefore,
FOR VALUABLE CONSIDERATIONS, the receipt of which are
herewith acknowledged, and in accordance with the action of.
the Council of the City of Port Angeles at meeting held on
January 244 1977, the City of Port Angeles, a municipal corpor-
ation, does herewith grant to Jack Plaskett and Margaret Plaskett
and to the retained tract easements appurtenant as follows:
-1-
(1) To permit the parking of motor vehicles
on that portion of Tract C lying south and west of
the curb line to be constructed on the realignment
-of Front Street, Port Angeles, Washington, -as presently
contemplated, subject to a headlight barrier to be
constructed by the grantees on the retained tract,
such barrier to prevent the shining of vehicle head-
lights toward oncoming traffic.
(2) To erect, maintain and operate signs on
the above portion of Tract C.
(3) A slope easement over such portion of Tract
C, for the purpose of adapting such slope areas to
the use of the retained tract, for aesthetic and
drainage purposes.
(4) To have vehicle access from First Street
(PSH 101) by a ramp abutting the inner curve of such
proposed highway realignment, with cooperation from
grantor City in the design approval thereof.
The granting and exercise of the foregoing easements are
subject to all applicable law, including sign and state highway,
and subject to the obligation of the retained property not to inter-
fere with lateral support of abutting roadways.
DATED this 2q day of AW&( CA 1977.
CITY OF PORT ANGELES
Carlton B. O1so Mayor
Marian Parrish, Clerk
-2-
STATE OF WASHINGTON
)ss.
County of Clallam
4
On this Z day of l0 /Y''G 1977, before me,
the undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared CARLTON B. OLSON
and PMARIAN PARRISH, to me known to be the Mayor and City Clerk,
respectively, of the City of Port Angeles, a municipal corporation,
and acknowledged said instrument to be the free and voluntary act
and deed of said municipal corporation for the uses and purposes
therein mentioned.
4(4
of iI EN under my hand and official seal this 2 9 day
y ,1 ert 1977.
W,L,d/
NOTARY /PUBLIC
6/ 24 /7 6
Statutory Warranty Deed
t •.p., -v r Av L•. ETTv r.=c +Ic ••lr_ nt =oc- Lf= Ur.i•._=
TAEG7IANTOfC.'L') `'.n•, E. LIE 1. =11I•E F. LIE J=:-tCc,
I I e E
krtudmttadewt.0, of T=•, r 9':CI z 'I n' s
p and to Jr '1 'ET °L.tC". =TT, -ire :I °E
the tollomas mbed rest estate, Mama so the County of r L L1.1
Washington
PARCEL "A
LOTS 1, 2, 3 AND 4 AND THAT PORTION OF LOTS 5, 6, 7, 8 AND 9, LYING AND
Jj! BEING NORTH Or THE OLYMDIr HIGHWAY, ALL IN BLOCK 2, GREEN'S BELLE VIEW
1 ADDITION TO PORT ANGELES, CLALLA4 COUNTY, WASHINGTON, ACCORDING TO PLAT
THEREOF RECORDED IN VOLUME 1 OF °LATS, RAGE 45, RECORDS OF SAID COUNTY.
ARCEL "8":
r ∎IL ...ay °nortewe nc Twr unorw ruin &rote etc citation/IN (AT 14, Tf1WNS17F OF
rel ORT A' CLALLA.Y COUNTY; WASHINGTON, 9 °r.ar. NnoTw or THE OLYMPIC
ftl Hicwtrav �B.
4 F
This deed la given in fulfillment of that certain real estate contract between the parties hereto,
dated r IP 7' and conditioned for the conveyance of the ono vs
described property.aed the covenants of warranty hereto contained shall not apply to any title,
Interest or encambtance arising by, through or under the purchaser to said contract, and shall not :.t
•ppty to any taaea, moots or other charge& levied. or becoming due subsequent %7
to the date of said contract c•
Ct
Leal 1 Excise los use Paid on this Gale or •taaped exempt on 'EC•, 2R, 1 ^73. see. no 511-
..yy 1 d Dated thin /.EtALLAW1 COliH1Y
c A A. t'1•�1�•_r -'774-7(k-k— tS.�
„0...
re
TREPS e' 4. STATE OF WASHINGTON. ist ,1 t-
L i
Cowit rLr.L• f
On this day personally appeared before me 'f'D V -y r, r qv 1 •'n TTv r -RA°
to me known to be the odor/Seal r described i• and who manned the .+thus and forerun instrument, and
ackno.kdged that need the same as T t free and voluntary t and deed, for the
ens and purposes therm mentioned.
GIVEN under my hand w nd c daI oral thtrt
r
STALE OF L ,t
l. :rYn., ii7r ms24
1 �Sf
U r r::rt.
County of `f
On the. /k 3ay of 7: A A/...t.0.
Publicof slid for the Stateor ,1 -•r Tn
°IEPor LI= 't°r; :f' ale n r,c onv
FORM L551
L ;i 1
tow el
ti. LF
/j �army "dike is Med Jar this State e/ We egsaa
r °00T •••r =L:t
A. I) r 9? L before me. the andenugned. Notary
duly commmwnrd and sworn per.onally appeared
LI °'1 °A• r- &r 141' i F. LI_ °'•DA ".C
to me known to be the indrvdnal desnbed m and rho executed the f a metrvment and acknowledged to me
that /..her owned sad sealed the s aid instrument as _I.:1.1 °_free and voluntary act and deed f the uses and porticoes
therein menturoed.
WITNESS my band and ofht ul oral hereto affixed the day and year thra cert,6cate ahov4 l r,tten.
tr rTn
K., P.hLs ...Lifter J• da .t
••ir ".i1
I Askeewl.ieeeet W f d.dt e. Pre n aeer Fattaeal Tale tear, .ee Cornpaa) I L zt l IV' 594
day 0 JUNE, I'175
-.(ar r.y r"j
ION. i
i 2 t_ sr "til
CI
t. IN. +17s f eares he w' me JACK 0LAS IA md Pearrt 5 dryrd Y,FTT ANN) MARGARt• Ii+
r
s'Rne rtrl In and rho iterated the w(thrn T ^LASrF7T• '/IS Wf Fr.
sf he same. ae and fnr 1
aentroned
T'tE i R Tr ee and volunta R Inst rument, and
rY ut and deed, for the
end of&lal teel this 0/ u
TTAC'IED LEGAL DESCRIPTION
VS JUN 21 PL 3: 28
AIIIL TI
°f
JUNE, 976
ere l'nhlte in and Me afore of H O,R (ow,
whir of WORT A`Ir,EErS
tidox 463 o4 O
(1 'T
Y
T Rf4
T 5 OF TH
A M:P►1T WITH ►'1 7EE CEASTO PORT A '1GFLF5 a• )8?)
r l 15 FSET OF SAID ',REMISES OF T' I /FS /T I r l STORI}
A� Fr
T OF
u_
:::1/ 460<, MAD,
e/P (c)ifi
J
THEGRA \TNR 5, JACK PLASY.FTT A'ID '"AP,rAorT nLASK•TT, 'EIS '11FE
fur and In c ul TEN nOLLAPS AN') TIP VAL'IASLE rn'IS L t`ro4T I f"IS
in hand paid, conse). and warrant. t° MC rONALn'S COR'ODAT10'1, A nrLA'fAor cOoPO AT
the following diwribed real emote, situated to the I mint Id
1\ a.hmgtnn
CLALLA State of
1HAT PORTION OF THE NORTH 2 ACRES OF SUBURBAN LOT 13, PORT ANGELES
TOWNSITE LYING NORTH OF THE OLYMPIC HIGHWAY, ALSO KNOWN AS U.S. HIGH-
WAY 101, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THL LAST LINL OF SAID SUBURBAN LOT
I,' 13 WITH THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE
h ON A 2835 FEET RADIUS CURVE CLOCKWISE, THE CENTER OF WHICH BEARS NORTJ
17'09'27' LAST, THROUGH A CENTRAL ANGLE OF 4 01'50'', A DISTANLL OF
1 199.43 FEET TO THE WEST LINE OF SAID SUBURBAN LOT 13; THENCE NORTH
J 33'24'29" EAST, ALONG SAID WEST LINE, A OISTANCE OF 244.90 FEET TO THE
A NORTHWEST CORNER THEREOF; THENCE SOUTH 56 37'00" LAST, ALONG THE NORT,I
4, LINE THEREOF, A DISTANCE OF 87.41 FEET TO A POINT OF CURVATURE; THENCE
(YS ON A VARIABLE RADIUS CURVE RIGHT, THE BEGINNING RADIUS BEING 2G', FELT,
(1'\ THROUGH A CENTRAL ANGLE OF 9"24'41 TO A POINT ON THE EAST LINL OF SAID
SUBURBAN LOT 13, HAVING A RADIUS OF 263.48 FELT AND LYING SOUTiI 49
EAST, A DISTANCE OF 43.38 FEET FROM SAID POINT OF CURVATURE, THENCE SOUTH
S 15 12'02" WEST, ALONG SAID EAST LINE, A DISTANCE OF 200.92 FEET TO TAE
POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF BLOCK 2 AND VACATED ALLOY IN BLOCK 2 OF
GREEN'S BELLE VIEW ADDITION TO PORT ANGELES, CLALLAM COUNTY, WASHINGTON
AS RECORDED IN VOLUME 1 OF PLATS, PAGE 45, RECnRDS OF CLALLAM COUNTY,
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
15 12'02" EAST, ALONG SAID WEST LINE, ALSO dEING THE EAST LINE Or SAID
SUBURBAN LOT 13, PORT ANGELES TOWNSITE, A DISTANCE OF 200.92 FEET TO
POINT "A THENCE ON A VARIABLE RADIUS CURVE CLOCKWISE, THE BEGINNING
RADIUS OF WHICH IS 263.48 FEET, THE CENTER POINT OF WHICH BEARS SOUTH
42 °47'41" WEST, THROUGH A CENTRAL ANGLE OF d'32'03" TO A POINT HAVING
A RADIUS or 262.12 FEET AND LYING SOUTH 40'57'06" EAST, A DISTANCE OF
39.13 FEET FROM 5A10 POINT "A THENCE SOUTH 25'29'03" EAST, A DISTANCE
OF 182.05 FEET TO THE POINT OF BEGINNING.
ALSO TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER
THAT PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE Or SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTml
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING, THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE SOUTH 37'00'00" EAST, A
DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF 49.5
FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE_; THENCE NORTHWESTERLY
ALONG SAID CURVE COUNTER CLOCKWISE, A DISTANCE OF 16.9 FEET MORE OR
LESS TO THE TRUE POINT OF BEGINNING.
SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THAT
PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF TIIE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE NORTH 37"00'00" WEST, A
DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF
49.5 FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE; THENCE SOUTH-
EASTERLY ALONG SAID CURVE CLOCKWISE 16.9 FEET MORE OR LESS TO THE
TRUE POINT OF BEGINNING.
6 /21/76
Mc 463'419
A 71 25/77.
E, .A ...A i
DATE().- �s. l`�
B Y l s �g C l ....J
THE GRANTOR Jack Plaskett and Margaret Plaskett, his wife
for and in consideration of One Dollar and other valuable considerations
STATUTORY WARRANTY DEED
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate, situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townslte of Port Angeles,
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats, Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56 37'00"
east along the north line thereof, a distance of 87.41 feet to the true
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle of 9 24'41" to a point having a radius of 263.48
feet and lying south 49 5 4 '36" east, a distance of 43.38 feet more or
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belie
View Addition, that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve
clockwise, the beginning radio of which is 263.48 feet, the central
point of which bears south 42'47'41" west, through a central angle of
8 to a point, having a radius of 262.12 feet and lying south 40 57'06"
east, a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51"i9'44" west,
through a central angle of 13 33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
a.a,d„a aabolag the south margin of Block 2 of Greens Belle View Addition.
e 6'.iP of.,. e,
L^ w: a r' L x,* "7 ;+rr L —f'_. 1?'"
R
i ^3 STATE OF WASHINGTON) lcz, 1 74z -IAt 77 (seal)
:D �Iss /J
i County of41;rl
On this day personally appeared before me
Jack Plaskett and Margaret Plaskett
to me ton'a "t'o- the individuab described in and who executed the within and e3
I E w- C(o
folfgo�Yng -jest Viand acknowledged that they signed the same as their free
Old lifiiyot iliaWand eed, for the uses and purposes therein mentioned.
k GIVEN under my and official seal this day of January, 19 7 7
---OF WAS till i
Aofary Pi5Tic in an° for por c
Washington, residing at
east 479 i►353
i
a
1
EASEMENT
WHEREAS, Jack Plaskett and Margaret Plaskett, husband
and wife, of Port Angeles, Washington, have been the owners of
that certain tract described in warranty deed dated June 21,
1976, recorded in Volume 403, page 594, records of Clallam
County, under Auditor's No. 455609, from grantors Gray and
Lieurance (which tract is hereinafter termed Tract A); and
WHEREAS, Plasketts subsequently conveyed a portion of
the above tract to McDonald's Corporation, by instrument re-
corded in Volume 463, page 419 and 420, under Clallam County
Auditor's No. 455464 (which tract is hereinafter termed Tract
B); and
WHEREAS, Plasketts thereafter conveyed to the City of
Port Angeles a portion of Tract A by deed dated January 21, 1977,
recorded in Volume 479, page 353, recorded under Clallam County
Auditor's No. 463545 (which tract is hereinafter termed Tract
C); and
WHEREAS, the parties Plaskett yet retain a portion of
Tract A (which tract is identified as "the retained tract
Now, Therefore,
FOR VALUABLE CONSIDERATIONS, the receipt of which are
herewith acknowledged, and in accordance with the action of
the Council of the City of Port Angeles at meeting, held on
January 214 1977, the City of Port Angeles, a municipal corpor-
ation, does herewith grant to Jack Plaskett and Margaret Plaskett
and to the retained tract easements appurtenant as follows:
-1-
(1) To permit the parking of motor vehicles
on that portion of Tract C lying south and west of
the curb line to be constructed on the realignment
of Front Street, Port Angeles, Washington, as presently
contemplated, subject to a headlight barrier to be
constructed by the grantees on the retained tract,
such barrier to prevent the shining of vehicle head-
lights toward oncoming traffic.
(2) To erect, maintain and operate signs on
the above portion of Tract C.
(3) A slope easement over such portion of Tract
C, for the purpose of adapting such slope areas to
the use of the retained tract, for aesthetic and
drainage purposes.
(4) To have vehicle access from First Street
(PSH 101) by a ramp abutting the inner curve of such
proposed highway realignment, with cooperation from
grantor City in the design approval thereof.
The granting and exercise of the foregoing easements are
subject to all applicable law, including sign and state highway,
and subject to the obligation of the retained property not to inter-
fere with lateral support of abutting roadways.
DATED this 25' day of
CITY OF PORT ANGELES aiyy:\ By l 7
Carlton B. Olson Mayor
Marian Parrish, Clerk
STATE OF WASHINGTON
)ss.
County of Clallam
On this .2f day of ijyr,,.4 1977 before me,
the undersigned, a notary Public in and for the State of- Washington,
-2-
1977.
duly commissioned and sworn, personally appeared CARLTON B. OLSON
and MARIAN PARRISH, to me known to be the Mayor and City Clerk,
respectively, of the City of Port Angeles, a municipal corporation,
and acknowledged said instrument to be the free and voluntary act
and deed of said municipal corporation for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this day
of 44=4 1977.
rJ
County of
STATE OF WASHLNGTON.
County of r 1 L L
On titre day personally appeared before me I o ''Y
to me known to be the irdiv.dml' described m and who
adtm.ledged that signed the same as T
uses and purpose therms mtweismed.
GIVEN ender my boed tasdonicfal seas! tb.
STATE OF „e. VOL t' ”i2 CY
therein mentioned.
6/24/76
r v f QA•'
WITNESS my land and official seal hereto affixed the day and year mthis certificate abovfyitters.
FORM LS8F
L
Statutory Warranty Deed
ISn V °v AT A': =TTY r= w '1S "lc'. nt?oc-
THEGRANTOiG. "L't ,'•c e.lv E Lf_°_ E yin =LCI'_ F. LIE. ,..CE
11
•1cc
for i,4 a u. T_ nnLL oc S• r'' ?c AL'I''L_ 1•.' I •.TIn' S
ie kand pa dcmvrys an d arrsntsto J r 't ••Dra'_T P1 CETT, tic ':ire
the follows% ded r estate, ud e County of L r L 1
m'hed M r th
Washoure•
PARCEL "A
LOTS 1, 2, 3 AND fs AND THAT PORTION OF LOTS 5, 6, 7, 5 AND 9, LYING AND
BEING NOPTH Or THE OLYMPIC HIGHWAY, ALL 14 BLOCK 2, GPEEN'S BELLE VIEW
ADDITION TO PORT ANGELES, CLALLAM COUNTY, WASHINGTON, ACCO TO PLAT
THEREOF RECORu2171 IN VOLUME 1 OF PLATS, PAGE 45, RECORDS OF SAID COUNTY.
State el
2 ARCEL "B
Al Tu0e ono ?gnu nr Tun 4nDTN TVn srocc nr cIIRIIDRAN IAT 1T, TOWNSITa' OF
'ORT ANGELES, CLALLA.M COUNTY; WASHINGTON,
HtrHWAY.
B vnoTU no THE OLYMPIC
This deed Is Riven to fulfillment of that certain real estate contract between the parties hereto,
dated tt 19 7 and conditioned for the conveyance of the •bove
described property,aed the covenants of warranty herein contained shall not apply to any title,
interest or encumbrance arl•lns by. U roueh or under the purcba•er In said contract. and shall not
apply to any taxes. assessments or other eh le•led, d or becoming due subsequent
to the date of said contract_
Real Estate Excise Teo was paid on this sale or st,,ped ese.pc on 'EC 7 1173. Rec. po 1T2
Dated dos ALLAh1 COOI ISE
Q tl 1. ENTX C
4 t 0.a t.l•�.r�--:}�i4• f•'s /11 luai)
.rl i
;liy TpEA
SUAER
ie /J• ti. 4taaut
U
executed the within and foregoing and
1 Tres and voluntary ea and deed, for the
s ot
c,t t-r ��.�1 i4
rem, Pro Jet 11/ died /a• Me State .sr1mt4e�
mate" oo "c1 =c
On this day of ./L-rd A. D 19 7r. before at.. the undersigned, a Noury
Public in and for the Sate of r rn• duly comm.roned and sworn personally appeared
Pt °oo Ll_'I't.( ALSO :n•: ac ony LI=''oA•r A•r' 1A1'= F. LIE'•c4.C
le me known to Ise the indwdoal5 daubed m and who ,recuted the foregoing inn n,ment, and acknowledged to me
.bat Th argued aad sealed die red instrument a. _S. S°_lree and voluntary act and deed for the tine. and purposes
1l .rTn•
al.t.v P.H.e
tAdn.. -Idir mama b t.se.J..t P a.e.e $,u.nal TT, tenor wr. Coo.p.., 401_ zi *Ut3 Pitt 594
IS16JUH2I PI' 3: ?8
Ally T! r
r
TTACNEO LEGAL DESCRIPTION
loo...7 .LI
TO RIG47S OF THE
AS WT7 Or HE CITY Or
P, POPT ANGFLFS a.
r I r LY 15 F OF SAID nRENIS S� or T'fFFUF517, RI FrT OF
IN STORK I V
u t•t
tit can
.f�
(50!)
co. J
TT
.7/
day of
JUPIE, 1`176
ary P■ALc ,n and j e t41 c of q
•Fodmg el "'CRT- EL S
lm 406 �a
THAT PORTION OF THE NORTH 2 ACRES OF SUBURBAN LOT 13, PORT ANGELES
TOWNSITE LYING NORTH OF THE OLYMPIC HIGHWAY, ALSO KNOWN AS U.S. HIGH-
WAY 101, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF TILL LAST LINE OF SAID SUBURBAN LOT
13 WITH THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE
ON A 2835 FEET RADIUS CURVE CLOCKWISE, THE CENTER OF WHICH BEARS NORTH
1\ 17'09'21' LAST, THROUGH A CENTRAL ANGLE OF 4 01'50 A DISTAIILL OF
199.43 FEET TO THE WEST LINE OF SAID SUBURBAN LOT 13; THENCE NOR NI
T 33'24'29" EAST, ALONG SAID WEST LINE, A DISTANCE OF 244.90 FEET TO THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 56 37'00" EAST, ALOt(, THE NURT.I
Q, LINE THEREOF, A DISTANCE OF 87.41 FEET TO A POINT OF CURVATURE; THLICE
M ON A VARIABLE RADIUS CURVE RIGHT, TIIL BEGINNINI, RADIUS !SLING 26S FELT,
TTN THROUGH A CENTRAL ANGLE OF 9'24'41 TO A POINT ON THE EAST LINE OF SAID
SUBURBAN LOT 13, HAVING A RADIUS OF 263.48 FELT AND LYING SOUTH 49 54'36"
r EAST, A DISTANCE OF 43.38 FEET FROM SAID POINT OF CURVATURE; THENCE SOUTH
15 12'02" WEST, ALONG SAID EAST LINE, A DISTANCE OF 200.92 FEET TO 'flit
POINT OF BEGINNING.
THF: GRA\TttR S, JACK. PLASKETT A'1n RGAOrT r'LASK °.TT, 'iI S t11 FE
tut and in c"nuderah"n of TEN ')CLAPS Al OT l 1' VAL'IAMLE r(VIS I ^BOAT T n'IS
rnhandpard cmeysandwarrantsto MC nONALn'S C)Rr'OPATin.1, A neLA'1Aor r)oP)oATTrMi
the following described real tstatt. situated rn the t "tint nl FLALLA" Sate of
11 ashrngt nn
TOGETHER WITH THAT PORTION OF BLOCK 2 AND VACATED ALLEY IN BLOCK 2 OF
GREEN'S BELLE VIEW ADDITION TO PORT ANGELES, CLALLAM COUNTY, WASHINGTON
AS RECORDED IN VOLUME 1 OF PLATS, PAGE 45, REC'sRDS OF CLALLAM COUNTY,
AS FOLLOWS'
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101, THENCE NORTH
15 12'02" EAST, ALONG SAID WEST LINE, ALSO BEING THE LAST LINE or SAID
SUBURBAN LOT 13, PORT ANGELES TOWNSITL, A DISTANCE OF 200.92 FEET TO
POINT "A THENCE ON A VARIABLE RADIUS CURVE CLOCKWISE, THL bcGINNING
RADIUS OF WHICH IS 263.48 FELT, THE CENTER POINT OF WHICH BEARS SOUTH
42 47'41" WEST, THROUGH A CENTRAL ANGLE OF 4'32'03" TO A POINT HAVING
A RADIUS OF 262.12 FEET AND LYING SOUTH 40"57'06" EAST, A OISTANCL OF
39.13 FEET FROM SAID POINT "A THENCE SOUTH 25'29'03" EAST, A DISTANCE
OF 182.05 FEET TO TIIE POINT OF BEGINNING.
ALSO TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER
THAT PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; THENCE NORTH
25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
25 29'03" WEST, A DISTANCE OF 50 FEET; THENCE SOUTH 37'00'00" CAST, A
DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF 49.5
FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVL; THENCE NORTHWESTERLY
ALONG SAID CURVE COUNTER CLOCKWISE, A DISTANCE OF 16.9 FEET MORE OR
LESS TO THE TRUE POINT OF BEGINNING.
_mss
c* LL Z yam' .,4: r�•���
Z SUBJECT TO AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THAT
m P eo redfwfore r n a bi+ PORTION OF SAID BLOCK 2 DESCRIBED AS FOLLOWS:
indrv JACK DLA SKrTT BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID BLOCK 2 WITH
5 Ber 4'1) HARM 1►+ THE NORTH RIGHT -OF -WAY MARGIN OF SAID U.S. HIGHWAY 101; TI-4ENCL NORTH
in and .hr, eseeut R T r
rtgnedthr M the wnhm 4/1 WI Fr 25 29'03" EAST, A DISTANCE OF 182.05 FEET TO A POINT ON THE AFOREMENTIONED
25 29'03" WEST, A DISTANCE OF 50 FEET; T
'utneaa TTr and tarylact lnstrurnent and VARIABLE RADIUS CURVE, AND THE TRUE POINT OF BEGINNING; THENCE SOUTH
+entrunr.d r I R (ire and voluntary NORTH 37 "00'00" WLST, A
and DISTANCE OF 16.91 FEET; THENCE NORTH 25 29'03" EAST, A DISTANCE OF
06,14 ral 49.5 FEET MORE OR LESS TO SAID VARIABLE RADIUS CURVE; THENCE SOUTrI-
JUyE, I EASTERLY ALONG SAID CURVE CLOCKWISE 16.9 FEET MORE OR LESS TO THE
TRUE POINT OF BEGINNING.
6/21/76
lox 463 Ia419
STATUTORY WARRANTY DEED DATE "t S'
TAE GRANTOR Jack Plaskett and Margaret Plaskett, his wife
for and in consideration of One Dollar and other valuable considerations
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate. situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townsite of Port Angeles. T
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats, Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56
east along the north line thereof, a distance of 87.41 feet to the true
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle 9 24'41" to a point having a radius of 263.48
feet and lying south 49 54'36" east, a distance of 43.38 feet more or i
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belle I
View Addition. that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve I
clockwise, the beginning radius of which is 263.48 feet, the central
point of which bears south 42'47'41" west, through a central angle of
8°32'03" to a point, having a radius of 262.12 feet and lying south 40 57'06" i
east. a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51'19'44" west.
through a central angle of 13 33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
a.a the so�rth margin of Block 2 of Greens Belle View Addition.
j G r J 1 gzi, e' P; t f' r gyIr!�,
i ^3 STATE OF WASNINGT8N) a z�Gt'rcY �7��. L (seal P.
ss
Q:+ County of �al a+
a t`
On this day personalty appeared before me Jack Plaskett and Margaret Plaskett
to me to the individuate described in and who executed the within and to
foxego umeo `and acknowledged that t hey signed the same as their free. i
9
ihd p t4s.t,and deed, for the uses and purposes therein mentioned.
1 GIVEN under my he a l and official seal this 27 day of January. 1977. f
\-9>?...: 4 1).,,. l r�� -u_-_ e, .2 Y_Ye:. psi.-.
1 Lary Public in an° for .t ta
he 5te.of
Washington, residing at ort nge es am 479 erga3
=�F WAS
0-
i 7e. 77,
4
d
1
RESOLUTION NO. e 77
A RESOLUTION of the City Council of the City
of Port Angeles conditionally authorizing the
execution of a Grant of Easement.
WHEREAS, together with Jack Plaskett and Margaret Plaskett
the City of Port Angeles was named defendant by McDonald's Corpor-
ation in a lawsuit denominated Clallam County Cause 24039; and
WHEREAS, the City of Port Angeles was named defendant by
Jack Plaskett and Margaret Plaskett and others in a suit denominat-
ed Clallam County Cause No. 21515; and
WHEREAS, settlement conferences have been conducted by the
parties and, more particularly, a settlement conference was held
on January 24, 1977 pursuant to authority granted by the City
Council in executive session on January 19, 1977 and a "Compromise
and Settlement Agreement" was executed by the Mayor on January 25,
1977 pursuant to the same authority; and
WHEREAS, it is necessary in the interests of the public in
the compromise and settlement of said suits to convey to Jack
Plaskett and Margaret Plaskett certain easements burdening the
real estate the said Plasketts have heretofore conveyed to the City
of Port Angeles and in accordance with the said agreement;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Port Angeles as follows:
Section 1. The Mayor is hereby authorized and directed to
execute an easement in favor of Jack Plaskett and Margaret Plaskett
according to the terms of that certain Compromise and Settlement
Agreement dated January 25, 1977, a copy of which is attached
hereto and by this reference incorporated herein.
Section 2. Following the execution of said easement by
the Mayor, the City Clerk is directed to retain the original there-
of and surrender the same only upon receipt of documents approved
by the City Attorney effectively abating and dismissing both suits
referred to above.
Section 3. Upon receipt of proper documents abating and
terminating both suits referred to above, the City Attorney is
hereby authorized and directed to take such action as may be nec-
essary to abate and dismiss said suits.
PASSED by the City Council of Port Angeles this 15th day
of March, 1977.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Carleton`B Orson, Mayor
Samuel Haguewood, Mayor Pro Tem
SETTLEMENT PROPOSAL IN
McDONALD'S v. PLASKETT, et al
Plaskett will deed(at least seventy feet wide strip) every thing north
of the southern realignment boundary in lot 13 and block 2 of Belle
View Addition to the City in return for the City's:
1. pay for an appraisal of the area deeded,
2. allowance of signage 0, as a parking area that area south of the
south westerly curb line of the realignment, and
3. opening and surfacing a portion of 13th street at no cost iiii to Plaskett
-r .r "n
STATUTORY WARRANTY DEED DAT /Jj 9 7
U
r 7 a ;i-
THE GRANTOR Jack Plaskett and Margaret Plaskett, his wife ...c.,e
for and in consideration of One Dollar and other valuable considerations
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate, situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townsite of Port Angeles,
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats, Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56 37'00"
east along the north line thereof, a distance of 87.41 feet to the true
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle of 9 24'41" to a point having a radius of 263.48
feet and lying south 49 5 4 '36" east, a distance of 43,38 feet more or
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belle
View Addition, that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve
clockwise, the beginning radius of which is 263.48 feet, the central
point of which bears south 42 47'41" west, through a central angle of
8 °32'03" to a point, having a radius of 262.12 feet and lying south 40 57'O6"
east, a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51 19'44" west,
through a central angle of 13 33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21",
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
A- ngShe, south margin of Block 2 of Greens Belle View Addition.
Date s, f' /,:'f C 6 -xA O
S'ci. n.c Er n^ rte,_ U 4,• I
f� j (seal)
i
STATE OF WASHINGTON)
ss
County of (—Ma (;;P
,P�vl/ f,,/ r (:)///7.a LineaJ ncr,7"
On this day personally appeared before me Jack Plaskett and Margaret Plaskett
to me knawi tore the individuab described in and who executed the within and
they o their
fo regafng :(J,rn -5,t`rur, e•nit°�and acknowledged that y si gned the same as free
and v ol unt and d for the uses and purposes therein mentioned.
GIVEN! under my :han
../J
and official seal this day of
Nbtary Public in and for r°1"1-• he Statelof
Washington, residing a t Ange es
B K
4 P F i )s)
January, 1977.
County of Cltlh _i
St- of \Vaslittton
3B
I, ALICE C THOaNE, Covnty Auditor of said County do
hereby certify that t'ic -hove :nd for. is a tine and cot
����1111 reel c my of the in5tia,nrnt 5• flit Tame now rpp: r. I/7 9
`Al v SS. 3. Records of Claila n County.
IN TESTIMONY \VMEREOF, I have hereunto ,t y hand
and affixed the seal of said County this..44Ti,d y.. .'�J�.....
!74 f ce c 7 Auditor
Deoutc
/y'77
THE GRANTOR Jack Plaskett and Margaret Plaskett, his wife
for and in consideration of One Dollar and other valuable considerations
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate, situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townsite of Port Angeles,
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats, Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56 37'00"
east along the north line thereof, a distance of 87.41 feet to the true
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle of 9 24 1 41" to a point having a radius of 263.48
feet and lying south 49 54'36" east, a distance of 43,38 feet more or
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belle
View Addition, that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve
clockwise, the beginning radius of which is 263.48 feet, the central
point of which bears south 42 47'41" west, through a central angle of
8 °32'03" to a point, having a radius of 262.12 feet and lying south 40 57'06"
east, a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51 19'44" west,
through a central angle of 13 33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
being the south margin of Block 2 of Greens Belle View Addition.
STATE OF WASHINGTON)
ss
County of
On this day personally appeared before
Z.Z. L •y 1) (-J `y\
.1 t l
UT t ifr
STATUTORY WARRANTY DEED
1 I f i
Lz- 1 L (seal)
me
Jack Plaskett and Margaret Plaskett
to me k o 'mot '�be the individuab described in and who executed the within and
�x t
foregal'n%�j SXr�rien, Band acknowledged
ed �Q"luntarY.,octand c'feed, for the uses and purposes therein mentioned.
GIVEN under my:han�i and official seal this day of January, 1977.
se al
that they signed the same as their free
/f
Notary Public in and for ,the State of
Washington, residing at ort Angeles
STATUTORY WARRANTY DEED
THE GRANTOR Jack Plaskett and Margaret Plaskett, his wife
for and in consideration of One Dollar and other valuable considerations
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate, situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townsite of Port Angeles,
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats, Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56 37'00"
east along the north line thereof, a distance of 87.41 feet to the true
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle of 9 24'41" to a point having a radius of 263.48
feet and lying south 49 54'36" east, a distance of 43.38 feet more or
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belle
View Addition, that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve
clockwise, the beginning radius of which is 263.48 feet, the central
point of which bears south 42 47'41" west, through a central angle of
8 °32'03" to a point, having a radius of 262.12 feet and lying south 40 57'06"
east, a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51 19'44" west,
through a central angle of 13 33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
being the south margin of Block 2 of Greens Belle View Addition.
STATE OF WASHINGTON)
ss
County of C. 1st /a/�')
(seal
On this day personally appeared before me Jack Plaskett and Margaret Plaskett
to me k owl 1Y:be the individuals described in and who executed the wi,hin and
fo�regarng� j,�rs;t ur�errt and acknowledged that they signed the same as their free
A ,5.,• `hd VQIu d for the uses and purposes therein mentioned.
R
GIVEN unifier my :hianb and official seal this day of January, 1977.
_'(f) JJ U`._;1_ �1 y '1,
Notary Public in and for the State
Washington, residing at ort E1nge es
STATUTORY WARRANTY DEED
THE GRANTOR Jack Plaskett and Margaret Plaskett, his wife
for and in consideration of One Dollar and other valuable considerations
convey and warrant to The City of Port Angeles, a Municipal Corporation,
the following described real estate, situated in the County of Clallam,
State of Washington, including any interest therein which grantor may hereafter
acquire:
All of that portion of Suburban Lot 13, Original Townsite of Port Angeles,
Washington, and Block 2, Greens Belle View Addition to Port Angeles, as
recorded in Volume 1 of Plats, Page 45, Records of Clallam County,
Washington lying north and northeasterly of a line more fully described
as follows:
Starting at the northwest corner of Suburban Lot 13, thence south 56 37'00"
east along the north line thereof, a distance of 87.41 feet to the true'
point of beginning.
Thence on a variable radius curve right, the radius being 265 feet,
through a central angle of 9 °24'41" to a point having a radius of 263.48
feet and lying south 49 54'36" east, a distance of 43.38 feet more or
less from said point being the east margin of said Suburban Lot 13.
Thence starting at that point on the west line of Block 2 Greens Belle
View Addition, that point being the same as the above described point on
the east line of Suburban Lot 13, continuing on a variable radius curve
clockwise, the beginning radius of which is 263.48 feet, the central
point of which bears south 42 47'41" west, through a central angle of
8 °32'03" to a point, having a radius of 262.12 feet and lying south 40 57'06"
east, a distance of 39.13 feet more or less.
Thence on a variable radius curve clockwise, the beginning radius of which
is 262.12 feet, the center point of which bears south 51 19'44" west,
through a central angle of 13 °33'16" to a point having a radius of 260
feet and lying south 29 56'17 a distance of 61.65 feet more or less.
Thence south 25 07'00" east, a distance of 115 feet.
Thence on a 34 foot radius curve right through a central angle of 93 25'21
a distance of 55.44 feet more or less to the north margin of U.S. Highway 101
being the south margin of Block 2 of Greens Belle View Addition.
STATE OF WASHINGTON)
ss
County of��.ri
.5 (seal)
On this day personally appeared before me Jack Plaskett and Margaret Plaskett
to me knowfr'"'tcr•be_ the i ndi vi duab described in and who executed the within and
fo�Ogoi'ng :,j.n and acknowledged that they signed the same as their free
i
end yglunta`r,));octand deed, for the uses and purposes therein mentioned.
GIVEN under my henb and official seal this day of January, 1977.
://e/
i 1 r Notary Public in and for t �he State, of
O �V f\ 'i�� Washington, residing at ort Angees.
G
f
f'\
McDona)crs
PC-5/75
REAL ESTATE SALE CONTRACT
THIS AGREEMENT, dated December 22
Jack Plaskett and Margaret Plaskett
r
Mct C nald3
,19_Z� is between
if an individual,
Seller's marital status is Husband and Wi fP hereinafter called Seller, and
Mrnnnalrl'c Cnrpnratinn
a(n) Dri acyarn corporation, hereinafter called Purchaser.
1. Seller agrees to sell and convey to Purchaser (or its nominee), and Purchaser agrees to
purchase from Seller, the real estate located in Pnrr A c 1 Pc
County of C1 a1 1 am State of Washineton
having a frontage of not less than 166 feet on
Etonr street containing not less than 40.000 square feet
and being more particularly described on Page 1A, together with all easements, rights and
appurtenances thereto, all buildings and improvements now located thereon, and all of Seller's
rights, title and interest in all public ways adjoining the same (hereinafter, with the land, collectively
called "premises The exact legal description of the premises, in accordance with the certified
survey provided for in paragraph 6D herein, may be substituted for the foregoing description, if
necessary, at anytime hereafter.
2. The purchase price is Eiehty —five thousand and nn /100
DOLLARS ($.85,000_0.0_).
3. Seller shall convey merchantable title to the premises by general warranty deed, at
Seller's sole cost, subject only to current real estate taxes, not delinquent, and covenants,
conditions, encumbrances and restrictions approved by Purchaser in writing. Seller shall also cause
to be delivered to Purchaser, at closing, a restrictive covenant, in recordable form, restricting Seller's
property and, if Seller is a corporation, the property of Seller's officers, d' ect rs hat s,l, b s)d'. i s 'sC� -Fcl
rast o. =�e
affiliates, within a two (2) mile radius of the premises from use for /estaurant purposes1'o:'a period /rter -e
of twenty (20) years from the date of closing, and an affidavit of title warranting that no
outstanding mechanics' lien rights exist, that the property is not subject to any leases, oral or
written, and that all utility charges or taxes have been paid to the date of closing_
N L.452411L4 P
4. Purchaser shall deposit with Pioneer Title Insurance Comeanv
as escrowee, within thirty (30)
days after the last execution of this agreement, ONE THOUSAND DOLLARS ($1,000.00), as
earnest money, to be credited against the purchase price at closing. Purchaser shall deposit the
balance of the purchase price into escrow within ten (10) days after title has been approved by
Purchaser, all contingencies of this contract have been met and a deed as aforesaid has been
delivered, or is ready for delivery, to the escrow agent. If Purchaser defaults hereunder and fails to
cure said default within ten (10) days after receipt of written notice thereof from Seller, as provided
in paragraph 10 hereunder, then upon demand of Seller, said earnest money shall be forfeited as
liquidated damages, and not as a penalty, and this contract shall become null and void. It. is
specifically agreed that Seller's damages under this contract shall be limited to the earnest money
deposit, and Seller waives any and all other damages and causes of action which may have risen
under the terms of this agreement. If this contract is terminated for any reason other than
Purchaser's default, the earnest money shall be returned to the Purchaser.
5. Within thirty (30) days from the date of escrow opening, Purchaser shall order and Seller
shall pay for all costs of a preliminary report on title, title binder or commitment, including
examining attorney's fees, if applicable, from Pioneer National Title Insurance
Comoanv
in the amount of the purchase price, covering
the date hereof, showing title in the Seller, subject only to the matters to which this sale is subject
by the terms hereof, and to the standard exceptions contained in owner's policies issued by said
company. Upon final execution of this contract, Seller shall deliver to Buyer any prior title
evidence, such as an abstract or title policy, it may have to expedite further examination of title.
Seller shall pay all costs of and cause to be delivered after transfer of title a title insurance policy in
the amount of the purchase price. If the report on title, binder or commitment discloses any defects
in title, other than as aforesaid, Seller shall have thirty (30) days from the date of the report to cure_
such defects and to furnish a later report showing defects cured or removed. If such defects cannot.
1
c'Xitlf fr r
INITIAL INITIAL
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Parcel 1
Parcel 2
Slope Easement
Port Angeles, Washington
A parcel of land containing not less than 40, 000 square feet having a
front footage on Front Street of not less that 166 feet and front footage
on Penn Street of not less than 244 feet and property to be appurtenant
to First Street with front footage to be determined by legal survey.
The above 40, 000 square feet parcel is situated on the westernmost
side of a portion of Green's Bellview to Port Angeles in Section 11,
Township 30 N. Range 6 W. W. M. and suburban lot 13 of the Town
site of Port Angeles as in survey accomplished for Jack Plasket by
Petersen and Clark, P. S., dated June 29, 1973.
Actual legal description to be determined by legal survey.
LEGAL DESCRIPTION
A temporary easement appurtenant to Parcel 1 to fill slopes upon, over
and across Seller's adjoining property along the east property line of
Parcel 1, at a horizontal vertical foot ratio acceptable to purchaser to
provide lateral support for Parcel 1 and the improvements to be constructed
thereon, until Seller's adjoining property has been developed and improved
to approximately the same grade or level of Parcel 1.
The exact legal description will be approved by Purchaser and inserted
in escrow prior to closing.
The said temporary slope easement is not to exceed 20 feet east of the
eastern property line of Parcel 1.
lb
3
be cured within said thirty (30) days, Purchaser may terminate this contract or may, at its election,
take the title as it then is (lbith the right to deduct from the purchase price liens or encumbrances of
a definite or ascertainable amount), upon giving to Seller notice of such election and tendering
performance on its part.
6. Seller hereby acknowledges that. Purchaser would be unable to use the premises for
purposes other than a McDonald's Restaurant constructed according to the Purchaser's plans and
specifications. Therefore, this purchase and sale is subject to the following conditions and
provisions:
A. Seller obtaining, if required, the approval of all public or governmental authorities as to all
matters relating to zoning, subdivision, lot splits, special use permits or similar
requirements, for a McDonald's Restaurant in accordance with the Purchaser's plans and
specifications, as will permit the Purchaser to obtain all of the governmental permits,
licenses and approvals referred to in Article GC. (Seller covenants to use due diligence and
good faith in procuring the aforementioned approvals.)
B. The water and gas mains, electric power lines and sanitary and storm sewers being Iocated
in the street or highway, at the property line, and available and adequate for Purchaser's
intended use thereon. (If said utilities are not available, Seller agrees to extend same to the
property line at his sole cost within thirty (30) days after Purchaser notifies Seller that all
other contingencies have been met.)
C. Purchaser obtaining all necessary governmental permits, licenses and approvals, of any type,
for the construction and operation of a McDonald's Restaurant, including Purchaser's
Standard signs, in accordance with the Purchaser's plans and specifications, to which end
Seller shall execute such documents, make such appearances and do such other things as
Purchaser may reasonably request.
D. Purchaser obtaining a certified survey, bearing a legal description, made by a licensed
surveyor, showing the area, dimensions and location of the premises to the nearest
monuments, streets, alleys on all sides, the topography, the Iocation of all available utilities
in adjoining streets, alleys or property, the location of all improvements and
encroachments, the location of all recorded easements against or appurtenant to the
property, and not disclosing any condition rendering the premises unusable, in Purchaser's
sole opinion, for the purposes stated herein. (Seller shall reimburse Purchaser for the cost
of said survey at closing; provided, however, that if this agreement is terminated by
Purchaser, either be default or election, except for the failure of the Seller to convey
merchantable title, Purchaser shall not be entitled to reimbursement.)
E. Purchaser obtaining boring and percolation tests determining the physical characteristics of
the sub strata of the premises and showing that the premises are satisfactory, in Purchaser's
sole judgment, for the purposes stated herein. (Seller hereby grants to Purchaser, its agents
or contractors, the right to enter upon the premises to make said soil tests and surveys. .At
cio.,i g, 3,:lici' shall F:3' T --f or the c 'ct of
.'F t j F F_ -J
LLl. :L �.11: f,o:F...�Ts'iS
ro_ tl:e failure: of tl_c to conlcy tit-ic,
not be cn'_i`-' e- R4r4:l:s i4+eu
F. All signs on the premises, all parties in possession or having a right to possession of the
premises, all encroachments and all existing improvements, if any, being removed from the
premises by Seller within ten (10) days after Purchaser has notified Seller in writing that all
other contingencies of this contract have been met.
G. Purchaser obtaining ingress and egress to public thoroughfares adequate, in Purchaser's sole
opinion, for its intended use.
7. In the event the conditions and provisions of Article 6 have not been satisfied or
complied with within ninety (90) days after the opening of the escrow, or in the event that the
boring tests, surveys, permits, and /or other approvals do not meet with Purchaser's approval or
disclose matters which would make the property unsuitable for the purposes stated herein, anything
contained herein to the contrary notwithstanding, Purchaser may continue to attempt to obtain the
satisfaction of the conditions and provisions of Article 6 or may, at any time after the
aforementioned ninety (90) day period, terminate this agreement, and the money and documents
deposited in escrow shall be returned to the party depositing same.
PC -5/75
2
INITIAL INITIAL
8. This sale shall be closed in accordance with the general provisions of the usual form of
Deed and Money Escrow _Agreement then furnished and in use by the aforementioned Escrow
Agent, tivith such special provisions inserted in the escrow agreement as may be required to conform
with this contract, or such other escrow agreement as the parties hereto may have mutually agreed
or consented to. Closing and settlement shall take place at the office of the escrowee, or a place
mutually agreed to by the parties, within ten (10) days after all conditions and provisions of this
contract have been satisfied. Prior to closing in escrow, Seller shall submit to Purchaser for approval
a copy of the proposed warranty deed, a copy of the most recent tax bill, and a copy of the
affidavit of title and restrictive covenant described in Article 3. All current real estate taxes are to
be prorated as of the date of closing, and if the amount of such taxes is not then ascertainable, the
prorating shall be on the basis of the amount of the most recent ascertainable taxes. All transfer and
conveyance taxes and /or documentary stamps shall be paid for by the Seller. The cost of recording
the documents called for herein shall be paid for by Purchaser. The cost of the escrow shall be
divided equally between Seller and Purchaser.
9. Time is of the essence of this agreement. In the event of any of the foregoing conditions
and provisions are not met or complied with within the time limits provided for herein, either party
may give notice to the other party demanding that this contract be performed and that this
transaction be closed within ten (10) days from the date of said notice. In the event said demand is
not complied with, the demanding party may, at its option, declare this agreement null and void
and of no further force and effect.
10. All notices and demands herein required shall be in writing and shall be sent by United
States Certified Mail to Seller at Route 2, Box 1616, Port Anzeles, WA 98362
or Purchaser at
McDonald's Plaza, Oak Brook, Illinois 60521.
11. Seller and /or (if the Seller is not an individual) any party(ies) executing this agreement
on behalf of the Seller, or as a representative of the Seller, hereby represent(s) that, to the best of
his/her /their knowledge, he /she /they, and no other person(s) connected, directly or indirectly, with
the Seller is /are an agent(s) employee(s), servant(s), supplier(s), licensee(s) or officer(s) of the
Purchaser or any subsidiary, affiliate or parent corporation thereof or relative of any agent, em-
ployee, servant, supplier, licensee or office; of the Purchaser or any subsidiary, affiliate or parent
corporation thereof. The parties executing this agreement acknowledge that the foregoing represen-
tations are and shall be relied upon by the Purchaser as inducement to enter into this contract. Any
misrepresentation shall be grounds for Purchaser to rescind this contract. The representations
contained in this article shall survive delivery of the deed.
12. All of the covenants, Nvarranties, representations and agreements herein contained shall
run with the land and extend to and be binding upon the heirs, executors, administrators, successors
and assigns of the respective parties. This document contains all of the agreements between the
parties.
IN WITNESS WHEREOF, Seller has executed, or if a'corporation caused its duly authorized
officers to execute, this agreement, and if a corporation, to affix its corporate seal hereto, and
Purchaser has caused its duly authorized officers to execute this agreement and affix its corporate
seal hereto.
SELLER:
DATE:
WITNESS:
3
.(SEAL)
PURCHASER:
o .r.. 11 a EAL) ATTEST:
(1
3
DATE:
WITNESS:
Vice President
Asst. Secretary
(APPEND ACKNOWLEDGMENTS)
(SEAL)
STATE OF ILLINOIS
COUNTY OF DuPAGE SS:
I, a Notary Public in and for the county and state
aforesaid, DO HEREBY CERTIFY that
and Assistant Secretary, of
a corporation, who are personally known to me to
be the same persons whose names are subscribed to the foregoing instrument as such
Vice President, and Assistant Secretary,
respectively, appeared before me this day in person and acknowledged that they signed, sealed and
delivered the said instrument as their free and voluntary act and as such and
Assistant Secretary, respectively, and as the free and voluntary act of said corporation for the uses
ancl purposes therein set forth.
Given under my hand and notarial seal, this
STATE OF 4/4,
COUNTY F L` J-a /2.tt S:
%f:/ /_!c a Notary Public in and for the county and state aforesaid, DO
HEREB EE Ry�IF 'that `�%F� CJ i TT` 77
a /'t r T S i- r
who (is) (are)
of personally known to me to be the same
person(s)whosenar (s) (is) (are) subscribed to the foregoing instrument appeared before me this
day in person and acknowledged that (he) (they) signed, sealed and delivered the said instrument as
(h (their) free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal, this 2 7 day of
STATE OF
COUNTY OF
SS:
I, a Notary Public in and for the county and state
aforesaid, DO HEREBY CERTIFY that Vice President, and
Assistant Secretary of an
corporation, who are personally known to me to be the persons whose names are
subscribed to the foregoing instrument such Vice President and
Assistant Secretary, respectively, appeared before me this day in person and acknowledged that
they signed, sealed and delivered the said instrument as their free and voluntary act and as such
Vice President and Assistant Secretary, respectively, and as the free and voluntary act
of said corporation for the uses and purposes therein set forth.
Given under my hand and notarial seal, this
(?ACKNOWLEDGMENT)
(ACKNOWLEDGMENT INDIVIDUAL)
(ACKNOWLEDGM ENT- CORPORATE)
.XN149 .T 7 i
day of 19__.
11F'c, 9 7c
'Notary Public
day of 19
Notary Public
Notary Public