20051220001284When Recorded Mail To:
CITY OF FEDERAL WAY
33325 8th Avenue S
FEDERAL WAY, WA 98003
ATTN: Kim Scatterella, P.E.
20051220001284
KING COUNTY, WA
DECLARATION OF COVENANT
Grantor (s): SOUND VENTURES, INC, a Washington corporation
Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation
Property Legal Description (abbreviated): Lot 13 through 15, S 20, T 21 N, R 4 E
Complete Legal Description indicated below.
Assessor's Tax Parcel ID#(s): 926504-0150
IN CONSIDERATION OF the approved City of Federal Way (''City') building permit for
application No. 04-101748-000-00-CO relating to real property legally described as:
LOTS 13 THROUGH 15, INCLUSIVE, WEST CAMPUS OFFICE PARK DIVISION
5, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 116 OF
PLATS, PAGES 62 AND 63, IN KING COUTY, WASHINGTON, AS AMENDED BY
PLAT ALTERATION OF WEST CAMPUS OFFICE PARK NO. 5, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 148 OF PLATS, PAGES 57 AND
581 IN KING COUNTY, WASHINGTON;
TOGETHER WITH EASEMENTS FOR PEDESTRIAN AND VEHICULAR ACCESS
GRANTED UNDER RECORDING NUMBERS 8910031149 AND 8910031151, in
King County, Washington, and portions of vacated streets adjoining
("Property'),
The undersigned as Grantor(s) declares that the above 'described Property is hereby
subject to a perpetual easement for a natural or constructed storm water conveyance
system ("System') and hereby dedicates, covenants, and agrees as follows:
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1. City shall have the right to ingress and egress over the Property to access such
easement area for inspection of and to reasonably monitor the System for
performance, operational flows or defects in accordance with City's Surface Water
Management Divisions procedures.
2. If City determines that maintenance or repair work is required to be done to the
System, the Manager of the Surface Water Management Division of the Department of
Public Works (''Manager') shall give notice of the specific maintenance and/or repair
required. The Manager shall also set a reasonable time in which such work must be
completed by the Grantor, its heirs, successors or assigns. If the above required
maintenance and/or repair is not completed within the time set by the Manager, the
City may perform the required maintenance and/or repair. Written notice will be sent
to the Grantor stating the City's intention to perform such maintenance. Maintenance
work will not commence until at least seven (7) days after such notice is mailed. If,
within the sole discretion of the Manager, there exists an imminent or present danger,
said seven (7) day notice period will be waived and maintenance and/or repair work
will begin immediately.
3. If at any time the City reasonably determines that any existing retention/detention
system creates any conditions detrimental to the receiving surface water system,
public and/or private property, the Manager may take any measures pursuant to
Federal Way City Code.
4. The Grantor shall assume all responsibility for the cost of any maintenance and for
repairs to the System. Such responsibility shall include reimbursement to the City
within thirty (30) days of the receipt of the invoice for any such work performed.
Overdue payments will require payment of interest at the current legal rate as
liquidated damages. If legal action ensues, the prevailing party is entitled to costs
and/or fees.
5. The Grantor is hereby required to obtain written approval from the Manager prior to
filling, piping, cutting, or removing vegetation (except in routine landscape
maintenance) in open vegetated drainage facilities (such as swales, channels, ditches,
ponds, etc.), or performing any alterations or modifications to the drainage facilities
contained within Property as described previously. Any notice or consent required to
be given or otherwise provided for by the provisions of this Declaration of Covenant
shall be effective upon personal delivery, or three (3) days after mailing by Certified
Mail, return receipt requested.
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6. Grantor agrees to indemnify, defend, and hold City, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all
persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this Declaration of
Covenant except to the extent caused by the sole negligence of the City.
This covenant is intended to protect the value and desirability of the Property, and shall
inure to the benefit all the citizens of City of Federal Way, and shall run with the land, and
shall touch and concern the land, and shall be binding on all heirs, successors, and assigns.
GRANTOR
SOUND VENTU S, INC
By:
oug KI p n a , President
320 10 h venue NE, Suite 100
Bellevue, WA 98004
206.223.9500
STATE OF WASHINGTON )
) ss.
COUNTY OFV4K(—'1— )
On this day personally appeared before me Doug Kalppenbaugh, to me known to be the
President of Sound Ventures, Inc., that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she
was authorized to execute said instrument and that the seal affixed, if any, is the corporate
seal of said corporation.
GIVEN my hand and official seal this �i'day of &W 1 O200-4.
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(typed/printed name of notary)
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