20060501000746 t
Recording Requested By:
When Recorded Mail To:
CITY OF FEDERAL WAY
33325 8 Avenue S 11111 II II III I III I I 11111 II
PO Box 9718 20060501000746
Federal Way, WA 98063 -9718
Attn. Kathleen Messinger, Public Works FEDERAL WAY CI MISC 36.00
05/01/2006 11:31
KING COUNTY, WA
TEMPORARY USE FOR IRRIGATION FACILITIES
Grantor (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation
Grantee (s): STAFFORD GREEN HOMEOWNERS ASSOCIATION, a Washington corporation
Property Legal Description (abbreviated): Legal description of property and easement attached hereto as Exhibit
"A" and Exhibit `B" and incorporated herein by this reference.
Easement Legal Description: Exhibits "A" and `B"
Assessor's Tax Parcel ID#(s): N/A
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby
acknowledged, CITY OF FEDERAL WAY, a Washington municipal corporation, ( "Grantor ") grants, conveys and
warrants to STAFFORD GREEN HOMEOWNERS ASSOCIATION, a Washington corporation, ( "Grantee ") for the
purposes hereinafter set forth a temporary easement under, across and over certain real property (the "Property")
located in Federal Way, Washington, legally described as follows:
Legal Description of Property and easement attached hereto as Exhibits "A" and `B"
and incorporated herein by this reference ( "Area ")
Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon the Easement Area as follows:
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 Easement Area to inspect, design, construct, operate,
maintain, repair, replace, remove, all irrigation facilities including, but not limited to, underground facilities and/or
systems upon and under the Easement Area, semi -buried or ground mounted facilities, control structures, pipes, and
all appurtenances thereto ( "Facilities "). Grantee acknowledges that the Facilities are constructed within the City
right -of -way known as 4th Avenue South. Grantee further acknowledges and agrees this Easement does not create
any rights, titles or interests in City right -of -way nor in any way defeats the rights of the City to such right -of -way
and further Grantee agrees that such permission for Easement purposes is subject to termination or revocation at any
time pursuant to Section 6.
2. Access. Grantee shall have the right of access to the Easement Area over and across the Right -of -Way to enable
Grantee to exercise its rights hereunder.
3. Obstructions; Landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions
within the Easement Area, and may level and grade the Easement Area 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 Area to a condition similar to its condition prior to such work.
4. Grantor's Use of Easement. This Easement shall be non - exclusive and Grantor reserves the right to use the
Easement Area for any purpose not inconsistent with Grantee's rights.
5. Indemnification. Grantee agrees to indemnify, defend, and hold Grantor, 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.
6. Termination. The Grantor may terminate this Easement at any time, without prior notice, and without cause.
Upon termination, the Grantee shall remove all of its Facilities from the Premises pursuant to Section 7. Grantee
shall not have or claim any damages or claims of any kind whatsoever as a result of the termination of the Easement
and the removal of the Facilities.
7. Removal of Facilities. Upon the expiration, termination, or revocation of the rights granted under this Easement,
the Grantee shall remove all of its Facilities from the Premises within 90 days of receiving notice from the Public
Works Director to do so. Any costs incurred by the Grantor in removing any Facilities from the Easement area shall
be a lien on the adjacent property owned by Grantee. Provided, however, that the City may permit the Facilities to
be abandoned in place m the City's sole discretion and in such a manner as the City may prescribe. Upon permanent
abandonment, the Facilities shall become the property of the City.
8. 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 4 /
day of f-1'`) r f ( , 200 (o .
GRANTOR
CITY OFF E L WAY
By:
Interim City anager, Derek Matheson
PO Box 9718
Federal Way, WA 98063 -9718
STATE OF WASHINGTON
) ss.
COUNTY OF KING ) ,, ' I
On this day personally appeared before me 1 n r /` cdtkoa 9/ , to me known to
be the . aka _ I ! .a i of the City of Federal Way that executed the foregoing
instrument, and acknowle • ged the sail 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 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 / day "its , 200(i
./.._
•„,
typed/printed name of notary)
g•/
Wier Notary Public in and for the State of Washington.
My commission expires g log
AM*
1. z t 4"
GRANTEE
STAFFORD GREEN HOME OWNERS ASSOCIATION
By: ,1 ig A y 2 41
Gary Bryan, Secretary Treasurer
321 S 302nd Place SW
Federal Way, WA 98023
(253) 941 -5532
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Gary Bryan, to me known to be the Secretary Treasurer of the Stafford
Green Home Owner Association 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 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 /3 day j c r / , 2004.
4 ,16aMN1ji 11 ( typed/printed name of notary)
s �O.* .„ ' 1111 Notary Public in and for the State of Washington.
r r My commission expires 1/ - .3-4?. — 0 ,
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EXHIBIT "A"
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7954500010 / I I
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PROPERTY LEGAL DESCRIPTION:
4TH AVENUE S DEDICATED AS PUBLIC RIGHT OF WAY AS PART OF THE STAFFORD
GREEN SUBDIVISION RECORDING # 8804130301 IN VOLUME 141 PAGE 7 -8.
EASEMENT AREA DESCRIPTIONS:
THE WESTERLY 5' OF 4TH AVE S ADJACENT TO STAFFORD GREEN TRACT A AND
PARCEL #795450 0010 THIS AREA INCLUDES THE 5' X 240' LANDSCAPE
STRIP BEHIND THE SIDEWALK.
LEGEND:
EASEMENT AREA = 4' X 360'
EN SIDEWALK
® RIGHT OF WAY
NTS
EXHIBIT "B"
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795 4 j 0p 370
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79545003 40 �:_ Q
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795450 ; 0
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7954500320 �,I
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PROPERTY LEGAL DESCRIPTION:
4TH AVENUE S DEDICATED AS PUBLIC RIGHT OF WAY AS PART OF THE STAFFORD
GREEN SUBDIVISION. RECORDING # 8804130301 IN VOLUME 141 PAGE 7 -8.
EASEMENT AREA DESCRIPTIONS:
THE WESTERLY 4' OF 4TH AVE S ADJACENT TO STAFFORD GREEN PARCELS #7954500320,
7954500330, 7954500340 & 79545000370. THIS AREA INCLUDES THE 4' X 330'
LANDSCAPE STRIP BEHIND THE SIDEWALK.
LEGEND:
® EASEMENT AREA = 4' x 360'
SIDEWALK
0 RIGHT OF WAY
NTS