20030131003381 •
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Recording Requested By:
NICHOLAS HARWOOD 20030131003381
FEDERAL WAY CI EAS 21.00
PAGE 001 OF 003
When Recorded Mail To:
KING COUNTY, 134
WA
CITY OF FEDERAL WAY
PO BOX 9718
FEDERAL WAY, WA 98063 -9718
ATTN: Brian Rahal, Public Works Department
PERMANENT STORM DRAINAGE EASEMENT
Grantor (s): Harwood, Nicholas
Grantee (s): CITY OF FEDERAL WAY
Property Legal Description (abbreviated):
STR 092104 TAXLOT 74 W 50 FT OF N Y2 OF NW 1/4 OF NE 1/4 N OF STEEL LAKE
LESS CO RD & UND 1/28 INT IN POR OF N'h OF NW 1/4 OF NE 1/4 COVERED BY
STEEL LAKE. Additional Legal Description indicated below.
Easement Legal Description: The west 10 feet, including the east 7 feet of the west 17 feet of the north
22 feet of the south 51 feet of the following land located in King County, State of Washington, to -wit:
North 330 feet of the Northeast Quarter of Section 9, Township 21 North, Range 4 East, W.M., in King
County, Washington, EXCEPT the North 30 feet thereof.
Assessor's Tax Parcel ID #(s): 092104 9074
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is
hereby acknowledged, Nicholas Harwood, ( "Grantor ") grants, conveys and warrants to the CITY OF
FEDERAL WAY, a Washington municipal corporation(" Grantee ")for the purposes here inafterset forth
a perpetual easement under, across and over certain real property (the "Property ") located in Federal
Way, Washington, legally described as follows:
The west 50 feet of the north 330 feet of the Northeast Quarter of Section 9, Township
21 North, Range 4 East, W.M., in King County, Washington,EXCEPTthe North 30 feet
thereof.
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the
Property consisting of a utility easement ( "Easement ") described as follows:
The west 10 feet, including the east 7 feet of the west 17 feet of the north 22 feet of the
south 51 feet of the west 50 feet of the north 330 feet of the Northeast Quarter of Section
9, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPTthe
North 30 feet thereof.
1. Purpose. Grantee and its agents, designees and /or assigns shall have the right, without prior notice
to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect,
design, construct, reconstruct, operate, maintain, repair, replace, remove, grade, excavate, and
enlarge all surface water facilities including, but not limited to, outlet structures, control structures,
pipes, catch basins, manholes, retention and detention facilities, ponds, ditches, and all
appurtenances thereto ( "Facilities "). Following the initial construction of the Facilities, Grantee
may from time to time construct such additional facilities as it may require.
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. Following the installation of the Facilities, Grantor may
undertake any ordinary improvements to the landscaping of the Easement, provided that no trees or
other plants shall be placed thereon, which would be unreasonably expensive or impractical for
Grantee to remove and restore.
4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however,
Grantor reserves the right to use the Easement for any purpose not inconsistentwith 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 Facilities, 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.
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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 A z day of U rH IZ, ' , 2003 .
GRANTORS
Nicholas Harwood
2403 South 304 Street
Federal Way, WA 98003
(253) 845-6375
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, NICHOLAS HARWOOD, to me known to be the individuals
described in and who executed the foregoing instrument, and on oath swore that he /she /they executed the
foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this _7,2d__ day of Ja i , 2003 .
*Aft
Signature of Notary 'Q j
1-(t tf hw T. _Smith ". ti
(Typed/printed name of notary) _ :A
Notary Public in and for the State of Washington ' U O -
My commission expires ,2, l �sq / 03 i � 3 -24 � _
'II 44 OFV10
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
k \swm\harwood- easement \easmnt- harwood.swm.doc 5/22/01
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