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199704211050 f • • Return Address: Carmen G. Hayward Graham & Dunn 1420 Fifth Ave. 33r Floor Seattle WA 98101 COVER SHEET Document Title: PERPETUAL EASEMENT FOR DAM AND APPURTENANT SURFACE WATER STRUCTURES, PORTION OF PROJECT ROAD, WETLANDS MITIGATION AND STREAM RECONSTRUCTION FOR SOUTH 336TH STREET/KITTS CORNER e4 PROJECT i• Reference no. of Cr ' Related Document: 9607129012 Grantor(s) /: CHASE, WILLIAM J., TRUSTEE CHASE, JEANETTE M., TRUSTEE MacLEOD, JOHN H., TRUSTEE MacLEOD, SARAH , TRUSTEE g g Grantee: THE CITY OF FEDERAL WAY I Legal Description: Portion of the South half of the South half of the Northeast Quarter of the Northeast Quarter of Section 20, Township 21 North Range 4 East W.M. in King County Washington, lying West of the Seattle- Tacoma Highway, except portions. Additional legal description is on Exhibit "A" and Exhibit "B" pages 1, 2 and 3 of the document. Assessor's Property Tax • co Parcel Account Number: 202104 -9072 j:V cgh\ CityFedWayDamEasementChaseMacLeodCover .doc T� FILE FOR RECORD AT REQUEST OF: City of Federal Way MAIL TO: City of Federal Way 33530 First Way South Federal Way, WA 98003 Attn: Londi K. Lindell, City Attorney 0 0 PERPETUAL EASEMENT FOR DAM AND APPURTENANT SURFACE rig WATER STRUCTURES, PORTION OF PROJECT ROAD, WETLANDS MITIGATION AND STREAM RECONSTRUCTION FOR SOUTH 336TH STREET/KITTS CORNER PROJECT Ci For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, WILLIAM J. CHASE and JEANETTE M. CHASE, husband and wife, as Trustees under the William J. Chase and Jeanette M. Chase Living Trust, and JOHN H. MacLEOD and SARAHMacLEOD, husband and wife, as Trustees under the John H. MacLeod and Sarah MacLeod Family Trust ( "GRANTORS "), convey, and warrant to the CITY OF FEDERAL WAY, a Washington Municipal Corporation ( "GRANTEE ") for the purposes hereinafter set forth a perpetual non - exclusive easement over certain real property (the "Property") located in Federal Way, Washington, legally described in Exhibit A attached hereto and incorporated herein by this reference. Grantee's rights shall be exercised only upon that portion of the Property ( "Easement ") set out as the surveyed wetland and buffer areas on Parcel E of Record of Survey by Barrett Consulting Group, recorded under King County Auditor's Number 9607129012 and legally described in Exhibit B attached hereto and incorporated herein by this reference. 1. Purpose. Grantee shall have the non - exclusive perpetual right, without prior notice to Grantors, at such times as deemed necessary by Grantee, to enter upon the Easement to construct, maintain, inspect, operate, replace, and/or repair an earthen embankment and its appurtenant structures ( "Dam "), surface water facilities, various mitigated wetlands and a reconstructed stream 34344M06.ES I -1- ORIGINAL ms s, channel (collectively, the "Improvements "). Once the construction of the Improvements has been completed and in the event Grantee elects to reconstruct (excluding repair or replacement), or enlarge the Improvements and the cost of such work exceeds the amount of $100,000.00 and such work will have a negative impact on the Property, then Grantee shall give notice to and obtain written permission from Grantors, which permission will not be unreasonably withheld, for any such work; provided, however, that such notice in advance shall not be required in the event of an emergency, but immediately thereafter; and provided further that nothing in this Section shall be deemed to constitute a waiver of Grantors' rights to bring any claims against the Grantee for any adverse impacts to the Property pursuant to applicable law. 2. Acknowledgment of Ownership. Grantors recognize that the Dam and its appurtenant structures, including but not limited to pipes, catch basins, weirs, and any other storm water facilities belong to and are valuable property of the Grantee. 3. Obstructions: Landscaping. Grantee shall have the right to remove vegetation, trees or other obstructions from within the Easement. 4. Access. Grantee shall have the right of reasonable access to the Easement to enable Grantee to exercise its rights hereunder. Such access will be afforded via an Access Maintenance Road Easement, recorded of even date against the Property. If such Access Maintenance Road is unavailable to use for access due to an emergency, Grantee shall have the right of access to the c� t Easement over and across the Property to enable Grantee to exercise its rights hereunder. 5. Grantor's Use of Property and Easement. Grantors reserve the right to use the Property and Easement in order to comply with City code requirements for open space, greenbelts, significant tree mitigation or maximum lot coverage. Further, Grantors may install, at its expense and in compliance with all applicable laws and codes and after obtaining all necessary permits and approvals, such facilities as may be reasonably necessary to provide for direct discharge of treated storm water from the Property to the Easement, which facilities shall not interfere with Grantee's use of the Easement. Further, Grantors may disturb wetlands areas on the Property and Easement to make future connections to any existing sanitary sewer lines so long as such action does not interfere with Grantee's use, is in compliance with all applicable laws and codes and after obtaining all necessary permits and approvals. Grantors may install landscaping on the Property subject to Grantee's reasonable approval of such installation and after obtaining any required permits or approvals therefor, in compliance with all applicable laws and codes and so long as such landscaping is not inconsistent with Grantee's use. 6. Successors and Assigns. The rights and obligations of the Grantors and Grantee shall inure to the benefit of and be binding upon their respective successors, heirs and assigns. 34344M06.ES I -2- 06/17/96 15:30 FAX 818 401 9576 ROWEST Z005/018 • 7. Liability. Grantors and Grantee intend that all issues of liability with regard to the construction. operation and maintenance of the Improvements and the use of the Easement and the Property by Grantors and Grantee shall be determined under the current or then existing law. DATED this day of _k/ /€ 1996. GRANTORS: GRANTEE: CITY OF FEDERAL WAY. a Washington Municipal Corporation 0 By: . �— W i ll i' 7 :' �• , as Trustee • Kenneth E.-Nyberg of the WilIiam.J. Chase and Its City Manager Jeanette M. Chase Living Trust APPROVED AS TO FORM: eanette M. Ch as Co- Trustee of the William J. Chase and Jeanette M. Chase Living Trust Londi K. to a 1, City Attorney c 0".41X—Ceeik H. MacLeod. as Co-Trustee of the John 11 MacLeod and Sarah MacLeod Family Trust Sarah MacLeod. as Co of the John H. MacLeod and Sarah MacLeod Family Trust • 34)40406_ES1 -3.- 7. Liability. Grantors and Grantee intend that all issues of liability with regard to the construction, operation and maintenance of the Improvements and the use of the Easement and the Property by Grantors and Grantee shall be determined under the current or then existing law. • DATED this day of , 1996. GRANTORS: GRANTEE: CITY OF FEDERAL WAY, a Washington Municipal Corporation B . William J. Chase, as . ..... .. ....Kenneth E. Nyberg of the William J. Chase and Its City Manager Jeanette M. Chase Living Trust APPROVED AS TO FORM: • Jeanette M. Chase, as Co- Trustee of the William J. Chase and Jeanette M. Chase Living Trust Londi K. In. ell, City Attorney t of H. MacLeod, as Co- Trustee of the John H. MacLeod and Sarah MacLeod Family Trust • Sarah MacLeod, as Co-Trustee of the John H. MacLeod and Sarah MacLeod Family Trust 34344M06.ES1 -3- 1 . 7. Liability. Grantors and Grantee intend that all issues of liability with regard to the construction, operation and maintenance of the Improvements and the use of the Easement and the Property by Grantors and Grantee shall be determined under the current or then existing law. DATED this day of , 1996. GRANTORS: GRANTEE: CITY OF FEDERAL WAY, a Washington Municipal Corporation By: William J. Chase, as Co- Trustee Kenneth E. Nyberg- of the William J. Chase and Its City Manager Jeanette M. Chase Living Trust APPROVED AS TO FORM: Jeanette M. Chase, as Co- Trustee C2 of the William J. Chase and Jeanette M. Chase Living Trust Londi K. in. ell, City Attorney John H. MacLeod, as Co- Trustee of the John H. MacLeod and Sarah MacLeod Family Trust Sarah MacLeod, as Co- Trustee of the John H. MacLeod and Sarah MacLeod Family Trust • 34344M06.ES1 -3- STATE OF WASHINGTON ) ss. COUNTY OF \A ►'N Cam, ) On this ('4 +4 day of J L , 1996, before me personally appeared William J. Chase to me known (or proven on the basis of satisfactory evidence) to be the Co- Trustee under that certain William J. Chase and Jeanette M. Chase Living Trust dated Fe,ba Ict93 , and who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed, as Co-Trustee, for the uses and purposes therein mentioned. IN WITNESS WHEREOF I recto set my hand and affixed my official seal the day and year first above written. Alli! %1 NOTAR i'. LIC' in and for the State of Washington, residing at rrnnri.s My commission expires No - , i Print Name: .. V r: • Ana . STATE OF WASHINGTON ) `)3 • � .1 '.;.• ) ss. ��.38 e•1 COUNTY OF I ) CNI 0 On this 1 + t5. day of L.S u , 1996, before me personally appeared Jeanette M. Chase to me known (or proven on the basis of satisfactory evidence) to be the Co-Trustee Cr ' under that certain William J. Chase and Jeanette M. Chase Living Trust dated Feb i 1 , and who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed, as Co- Trustee, for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto t my hand and affixed my official seal the day and year first above written. I � • TARP : IC in and for the State Washington, residing at C A 140 4' My commission expires tO • Print Name: Mint/ oar, . p Yl 34344M06.ES1 -4- C-AkiFo RAJ 1 A STATE OF ) • - ) ss. COUNTY OF Los 4 L65 ) On this // day of r'AJe , 1996, before me personally appeared John H. MacLeod to me known ( to be the Co- Trustee nder that certain John H. MacLeod and Sarah MacLeod Family Trust dated 21 196 and who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed, as Co- Trustee, for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. ` CAROL a�+E NOTARY PUBLIC in and for the State of GAbl Fs � 14 f , w COMM. 070206 - en, residing at ,2 rG GA s �`) Notary •CaNtpmiO M commission T - 71a41940 V-14, .� LOS ANGELES COUNTY y comm on ex p res ? / o2G, ` '"-- M comm. erxpitos JUL 26.1996 Print Name: ed) Ito L ©olEit. .AA1Fe12.n11A STATE OF WASHIt O?6t+ ) ) ss. 0 COUNTY OF Los EL.IES ) in r1 On this 17T` day of ..J ,i.0 , 1996, before me personally appeared Sarah TA LNI MacLeod to me known (, ) to be the Co- Trustee ts• under that certain John H. MacLeod and Sarah MacLeod Family . Trust dated r. /41.4c0454 Z 1 1 98(0 , and who executed the within and foregoing instrument, and CYO acknowledged the said instrument to be her free and voluntary act and deed, as Co- Trustee, for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the • day and year first above written. .. . . aatted _ aza.) r h.............................a i CAROL OMER NOTARY PUBLIC in and f o r the State of 6 44. I 4.A1 !A tIN cOM. 0970206 Weshitrgtoi , residing at" DteA�¢.rr , CA 1„.: M Notary PubKcc -Ca tania My commission expires 7/4194 4' 41 LOS ANGELES COUNTY ` y My Comm, empires JUL 26.1996 Print Name: CAR°'..._ 0/0112., 34344M06.ESI -5- STATE OF WASHINGTON ) COUNTY OF i< / /i & j ss. On this day of /1/1 Q Li , 1996, before me personally appeared KENNETH E. NYBERG, to me personalty known (or proven on the basis of satisfactory evidence) to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed 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 the said instrument, and on oath further stated that he was authorized to execute the said instrument for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. C1 R08/1 lAhtv■- � '.• "w y * NOTARY PUBLIC in and for the State of � NOTAR 2 Washington, residing at 4.editil Ott s, A a My commission expires / —g- c1� UBLIc 2� Print Name: E i /k€-11 R h ii�oh C2 e d oWASy`,40. • Cri 34344M06.ES1 -6- EXHIBIT "A" CHASE PROPERTY The land referred to in this commitment is situated in the county of King, state of Washington, and described as follows: That portion of the south half of the south half of the northeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying west of the Seattle - Tacoma Highway as it existed prior to July 29, 1947; EXCEPT the following portion: Beginning at a point on the west boundary as it existed prior to July 29, 1947, of the Seattle- Tacoma Highway 30 feet northeasterly of a point where said west boundary of said highway intersects the south line of the northeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; thence west parallel with the south line of the northeast quarter of the northeast quarter of Section 20, township 21 North, Range 4 east, W.M., 200 feet; thence north 0 °10'12" east to the north line of the south half of the south half of said northeast quarter of the northeast quarter of said Section 20; • thence east along said line of said south half of the south half of the northeast quarter of the northeast quarter of Section 20 to the said west boundary of the Seattle- Tacoma Highway; thence southwesterly along the west line of Seattle- Tacoma Highway to the point of beginning; AND EXCEPT that portion thereof conveyed to the State of Washington O by deed recorded under Recording Number 3722662. rl END OF SCHEDULE A f` • • . EXHIBIT "B" TO CHASE DAM EASEMENT LEGAL DESCRIPTION FOR PERMANENT EASEMENT WITHIN 100 FOOT BUFFER PARCEL NUMBER 202104 9072 W. N. CHASE TRUST A PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 01 °12'44" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, 986.23 Fb f TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 88 °45' 17" WEST ALONG SAID NORTH LINE, 620.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A NONTANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 51 °50'44" WEST, 100.00 FEET, AN ARC DISTANCE OF 62.95 FEET; THENCE SOUTH 47 °51'52" WEST, 36.79 FEET; THENCE SOUTH 13 °15'07" WEST, 76.83 FEET; * .q TA THENCE SOUTH 20 °11'50" WEST, 46.99 FI t T; THENCE SOUTH 24 °49'00" WEST, 51.29 FEET; r- THENCE SOUTH 19 °45'54" WEST, 29.13 FEET; tri THENCE SOUTH 22 °23' 16" WEST, 25.24 FEET; THENCE SOUTH 00°03'53" EAST, 50.21 FEET TO THE SOUTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 88 °45'28" WEST ALONG SAID SOUTH LINE, 224.55 FEET; THENCE NORTH 00 °32'49" EAST, 34.00 FEET; THENCE ALONG A NONTANGENT CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS SOUTH 89•7'13" EAST, 100.00 k1', AN ARC DISTANCE OF 39.21 FEET; THENCE NORTH 23°00'46" EAST, 36.42 FEET; THENCE NORTH 17 °55'08" EAST, 45.24 FEET; THENCE NORTH 28°38'18" EAST, 40.03 FEET; THENCE NORTH 23 °40'06" EAST, 34.17 FEET; THENCE NORTH 14 °08'20" EAST, 26.72 FEET; THENCE NORTH 11 °28'32" EAST, 25.10 FEET; EXHIBIT "B" - PAGE 1 R- CHASEI.DOC 1 f THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 39 °18'26" EAST, 100.00 FEET, AN ARC DISTANCE OF 73.28 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE SOUTH 88 °45' 17" EAST ALONG SAID NORTH LINE, 332.70 FEET TO THE TRUE POINT OF BEGINNING: TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL FOR A PORTION OF THE PROJECT ROAD: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 01 °12'44" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, 1314.97krb 1' TO THE SOUTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 88 °45'28" WEST ALONG SAID SOUTH LINE, 991.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 °45'28" WEST, 59.42 FEET; THENCE ALONG A NONTANGENT CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 01 °14'32" EAST, 55.00 FEET, AN ARC DISTANCE OF 65.50 FEET; GI THENCE NORTH 23°00'46" EAST, 40.60 FEET; C THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS SOUTH 66°59'14" veil C4 EAST, 100.00 FEET, AN ARC DISTANCE OF 39.21 FEET; C THENCE SOUTH 00 °32'49" WEST, 34.00 FEET TO THE TRUE POINT OF BEGINNING: ?4 It / : ,'. 7 -- .% 1 EXHIBIT " B " - PAGE 2 - 23e1e0 R -Cw4SEi.DOC 2 i 2 4 ,:.._ .L6'4lfl M .4021.10 S o .tZ'996 -�7 ---______ _ _ I � �� � ` 0 ...._ 0 m 1. 0 .vim 2 2 ' J J 'v> ~ N 1 1 4 c f- • o %� 1 \ , I \ \ m \ / ti . .1. 1 03 1 2 I I tl li 1 3 X 1 CD U. g O s ,s46f E !"i 891 3 ca TA C L.53 $ ` 04gn b 8 $ to el �r \ �� — own g 0 3 47 6 y) h n 1 ' to H F• la • N W \� 8 r Fes, - i YNf Nn ^ '' v . um N in v. 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