20020621001422 RECORDING REQUESTED BY: 10 11 10 11111111111 1E110
Dean C Brown and Terresa Brown 20020621001422
CUSTOMER EAS 23.00
PAGE 001 OF 005
When Recorded Mail To: 06/21/2002 12:11
KING COUNTY, UA
CITY OF FEDERAL WAY
33530 1ST WAY SOUTH
P. O. Box 9718
FEDERAL WAY, WA 98063 -9718 1
ATTN: Fei Tang
PERMANENT CULVERT CONSTRUCTION AND MAINTENANCE EASEMENT
Grantor (s): DEAN C BROWN AND TERRESA BROWN, husband and wife
Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation
Property Legal Description (abbreviated): SW SE, 29 -21 -04 (Complete legal descriptionindicatedon Exhibit "A"
4^" attached).
..� Easement Legal Description: Legal Description of Easement attached hereto as Exhibit `B" and depicted on
Exhibit "B -1" and incorporatedherein by this reference.
Assessor's Tax Parcel ID#(s): 292104 - 9130 -02
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby
ca acknowledged, DEAN C BROWN AND TERRESA BROWN, husband and wife ( "Grantor ") grants, conveys and
° warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation ( "Grantee ") for the purposes
ra hereinafter set forth a perpetual, permanent easement under, across and over certain real property (the "Property")
located in the City of Federal Way, Washington, legally described as follows:
owk
Legal Description of Property attached hereto as Exhibit "A" and incorporated herein by this
reference.
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property
consisting of a Permanent Culvert Construction and Maintenance Easement ( "Easement ") described as follows:
Legal Description of Easement attached hereto as Exhibit "B" and depicted on Exhibit `B-1" and
incorporated herein by this reference.
1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, at such times as deemed
necessary by Grantee, to enter upon the Property to inspect, design, construct, reconstruct, operate, maintain,repair,
replace, and enlarge the culvert ( "Facility") across West Hylebos Creek located at the northwest corner of the
Property.
2. Access. Grantee shall have the right of access to the Easement over and across the Property to enable
Grantee to exercise its rights hereunder by utilizing the improved driveway on the Property or by any other method
mutually agreeable to Grantor and Grantee.
3. Obstructions; Landscaping. Grantee may from time to time remove vegetation,trees, or other obstructions
within the Easement, and may level and grade the Easement to the extent reasonably necessary to carry out the
purposes set forth in paragraph 1 hereof, provided, that following any such work, Grantee shall, to the extent
reasonably practicable, restore the Easement to a condition similar to its condition prior to such work. Followingthe
installation of the Facility, Grantor may undertake any ordinary improvements to the landscaping of the Easement,
EXCISE OT R. ,/oU!
By
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provided that no trees or other plants shall be placed thereon, which would be unreasonablyexpensiveor impractical
for Grantee to remove and restore.
4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor
reserves the right to use the Easement for any purpose not inconsistent with Grantee's rights provided: further, that
Grantor shall not construct or maintain any buildings or other structures on the Easement, that Grantor shall not
perform grading or other form of construction activity on the Property, which would alter the functioning of the
Facility, and that Grantor shall not blast within fifteen (15) feet of the Easement.
5. Indemnification. Grantor agrees to indemnify, defend, and hold Grantee, 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 Easement,
including without limitation, any damage to the Easement area resulting from surface water flooding.
6. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors in interest, heirs and assigns.
DATED THIS ) L day of Si , 2002.
GRANTOR: Dean C Brown and Terresa Brown, husband and wife
a Mr. D- .1 C : M . Terresa Brown
By: /� �.. � L.Ii[ BY
ry (signature) (signature)
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STATE OF WASHINGTON
) ss.
• u. COUNTY OF KING )
On this day personally appeared before me, Dean C Brown and Terresa Brown, husband and wife, to me known to
be the individual(s) described in and who executed the foregoing instrument, and on oath swore that she executed
the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this Vitt day of qi,MN , 2002.
1 �
L / De's- S (typed/p
Notary Public in of Washington. i �. . •
My commission expires .1 ' /f 09 . j
II, � 0�
K: \SWM\2001majormaint \S 364th St - Hylebos culvert\Permanemt easement Brown2.doc
2
EXHIBIT A
Legal Description of Property
Parcel "A"
The north 200 feet of the NW quarter of the SW quarter of the SE quarter of Section
29, Township 21 North, Range 4 East, W.M., in King County, Washington, Tying west
of Hylebos Creek; EXCEPT the east 485 feet of the south 45 feet of the north 200
feet of the NW quarter of the SW quarter of the SE quarter lying west of Hylebos
Creek; EXCEPT that portion thereof for 8`" avenue south.
TOGETHER WITH a non - exclusive easement to the above described property described
in Declaration of Easement recorded under King County Recording Number 6520890;
EXCEPT any portion lying within the main tract.
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EXHIBIT B
EASEMENT LEGAL DESCRIPTION
That portion of the hereinafter Parcel "A ", described as follows:
Beginning at the northeast corner of said Parcel "A ";
thence south 20 °48'00" west along the center of Hylebos Creek, 8.19 feet;
thence south 02 °33'26" west along the center of Hylebos Creek, 21.28 feet;
thence south 09 °30'22" west along the center of Hylebos Creek, 10.49 feet;
thence north 88°45'41" west, 16.29 feet;
thence north 02 °33'26" east, 40.00 feet to the north line of said parcel "a ";
thence south 88°45'41" east along said north line, 20.00 feet to the point of
beginning.
Parcel "A"
The north 200 feet of the NW quarter of the SW quarter of the SE quarter of Section
29, Township ?1 North, Range 4 East, W.M., in King County, Washington, lying west
of Hylebos Creek; EXCEPT the east 485 feet of the south 45 feet of the north 200
feet of the NW quarter of the SW quarter of the SE quarter lying west of Hylebos
Creek; EXCEPT that portion thereof for 8 avenue south.
TOGETHER WITH a non- exclusive easement to the above described property described
e.r in Declaration of Easement recorded under King County Recording Number 6520890;
sr EXCEPT any lying y portion I in within the main tract.
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Exhibit "B -1"
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S 88'4_5'41' E
20• i S 20 W
w 8.19' 1 S 02'33'26' W
21.28'
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I {1 S 0 9 °30'22" W
1 Z 10,49'
16.29'
N 88 °45'41' W
N.T.S. DRAINAGE
EASEMENT
DETAIL
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N. LINE, NW 1/4, — — _ CULVERT
SW 1/4, SE 1/4 4
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DRAINAGE 7 .
a PARCEL 'A' EASEMENT °
TAX LOT 292104 -9130 °�
Croat
11.11:t EXISTING CENTERLINE N
p OF HYLEBOS CREEK
ON APRIL 10, 2000 (
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) mot 1
DATE MAY 8, 2000 ACAD No. 1642 Easement Exhibit
DRAINAGE EASEMENT
AFFECTING
TAX LOT 292104 -9130
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