20031002000552 •
Recording Requested By: 20031002000552
FEDERAL WAY CI EAS 24.00
Wesley A. Wingard and Alice Wingard PAGE 001 OF 008
10/02/2003 09:54
KING COUNTY, WA
When Recorded Mail To:
CITY OF FEDERAL WAY
33530 1ST WAY SOUTH
PO Box 9718
FEDERAL WAY, WA 98063-9718
ATTN: Fei Tang
PERMANENT EASEMENT
FOR SURFACE WATER FACILITIES
Grantor(s): Wesley A. Wingard and Alice Wingard, a married couple
Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation
Property Legal Description(abbreviated): SE/NW '/4, 12-21-03
Complete Legal Description indicated below.
Easement Legal Description: Entire Legal on Exhibit"A".
Assessor's Tax Parcel ID#(s): 122103-9045
For and in consideration of One Dollar($1.00) and other valuable consideration,the receipt of
which is hereby acknowledged, Wesley A. Wingard and Alice Wingard, a married couple,
("Grantors") grant, convey and warrant to the CITY OF FEDERAL WAY, a Washington
municipal corporation, ("Grantee") for the purposes hereinafter set forth a permanent easement
under,across and over certain real property(the"Property")located in Federal Way,Washington,
legally described as follows:
That portion of the south 800 feet of the southeast quarter of Section 12 Township
21 North,Range 3 East,W.M.,in King County,Washington,lying easterly of the
easterly margin of Dash Point Road(Dumas Bay Road)conveyed to King County
by deed recorded under Recording Number 832722.
Except as may be otherwise set forth herein,Grantee's rights shall be exercised upon that portion
of the Property("Easement") legally described as follows:
Legal Description of Easement attached hereto as Exhibit "A", depicted on
Exhibit"A-1" and incorporated herein by this reference.
1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, without prior
notice to Grantors, at such times as deemed necessary by Grantee,to enter upon the Property to
inspect, design, construct, maintain, repair,and replace all surface water facilities including in-
1
stream stabilizer, stream channel re-grading, stream channel and stream bank restoration
measures,culvert fish passage improvement measures,invasive weed control and revegetate with
native species, and all appurtenances thereto ("Facilities"). The Project is more specifically
described in the Construction Plans and Documents, entitled Lakota Creek Restoration
Improvements—Lower Mainstem and West Branch for the City of Federal Way by Montgomery
Water Group,Inc. Following the initial construction of the Facilities,Grantee may from time to
time construct such additional facilities as it may require within the easement area and of the
same nature as in the described plans.
2.Access.Grantee shall have the right of access to the Easement over and across the west side of
the Property off of SR 509 to enable Grantee to exercise its rights.
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,Grantors
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.Grantors'Use of Easement.This Easement shall be exclusive to Grantee;provided,however,
Grantors reserve the right to use the Easement for any purpose not inconsistent with Grantee's
rights provided: further, that Grantors shall not construct or maintain any buildings or other
structures on the Easement,that Grantors shall not perform grading or other form of construction
activity on the Property, which would alter the functioning of the Facilities, and that Grantors
shall not blast within fifteen(15) feet of the Easement.
5. Indemnification.
•
5.1 Grantee Indemnification. Grantee agrees to indemnify, defend, and hold Grantors
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, to the extent caused by the negligence of the Grantee.
5.2 Grantor Indemnification. Grantors agree 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, to the extent
caused by the negligent acts, errors, or omissions of the Grantors, its agents, representatives or
licensees.
2
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 /®* day of ieil_/ , 2003.
GRANTORS:
WESLEY A. WINGARD ALICE WINGARD
Wesley 7. Wingard Alice Wingard /
PO Box 24273
Federal Way, WA 98093
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me, Wesley A. Wingard and Alice Wingard, a married
couple, to me known to be the individuals described in and who executed the foregoing
instrument, and on oath swore that 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 Ali()-1 t day of 1(47,1:26V , 2003.
61110/1
ft, 411 ,' A/. Curintil)
,� �� L - Crmmcr
-. 7 w'' �� (typed/printed name of notary)
s , r.
} ,�,'suti Notary Public in and for the State of
*,. .•∎∎14, 1 ' Washington.
, v •\` My commission expires 2/ZS1a3-
GRANTEE:
CITY'O D- RAL W
id'L.a a„,,•ii.1./
By:
()avid H. i oseley, City Manage'
PO Box 9718
Federal Way, WA 98063-9 8
(253) 661-4013
3
APPROVED AS TO FORM:
,1 J _AI %A.
Pa •cia A. Ri har).on, City Atto ey
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me David H. Moseley, to me known to be the City
Manager of the City of Federal Way 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 '" day of __,i._ , 2003.
,-c.te-e 1
/V( ftArS 777t/1:;" P-
(typed/printed name of notary)
Notary Public in and for the State of W2 hington
My commission expires l t`V 6
K:\SWM\projects\Lakota Creek Restoration\Design\Properties\Easement-Wingard.doc
G:\lawforms\easement and temp construction.swm 021402
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EXHIBIT "A"
EASEMENT
PARCEL 122103-9045
THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", LYING WESTERLY AND
SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF LOT 7, COUNTRY VILLAGE NUMBER 2,ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 61 OF PLATS, PAGES 15 AND 16, IN KING COUNTY,
WASHINGTON, BEING ON THE EASTERLY RIGHT OF WAY OF SOUTHWEST DASH POINT ROAD (SR
509);
THENCE SOUTH 89°27'11"EAST ALONG THE NORTHERLY LINE OF SAID LOT 7,A DISTANCE OF
61.29 FEET TO THE TRUE POINT OF BEGINNING OF THIS LINE DESCRIPTION;
THENCE NORTH 20°17'54" WEST, 78.49 FEET;
THENCE NORTH 63°31'38" WEST, 91.1 FEET MORE OR LESS, TO THE EASTERLY RIGHT OF WAY OF
SOUTHWEST DASH POINT ROAD (SR 509)AND THE END OF THIS LINE DESCRIPTION.
CONTAINING 7,379 SQUARE FEET, MORE OR LESS. .
PARCEL "A"
THAT PORTION OF THE SOUTH 800 FEET OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING EASTERLY OF
THE EASTERLY MARGIN OF DASH POINT ROAD (DUMAS BAY ROAD)-CONVEYED TO KING COUNTY
BY DEED RECORDED UNDER RECORDING NUMBER 832722.
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wingard easement.doc
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VOL. 61, PAGE 15-16
TAX LOT NUMBER 178990-0035
EXHIBIT "A- 1 " EASEMENT
PARCEL 122103-9045
August 6, 2003 ACAD No. 1725 Wingard
E A R T H T E C H
10800 N.E. 8th St. 720 S. 333 St. Ste.200
7th Floor Federal Way, WA 98003
Bellevue, WA 98004 253 838-6202
425 455-9494
- '
KING COUNTY RECORDER
ROn 4TH AVE ROOM 311
SPATTI E W gE104
c.20 )296-1570
ISSUED TO:FEDERAL WAY, CITY OF
RECEIPT 4 315365
10/02i2003 Q :54:10 Am
DESCRIPTION FEE
COPY.CONFO 1 PG 1.0n
09: 4 20031002000552
zAc-Mbm, D 050
24.00
Total Amount Due
Total Numtler Docs:
CASH 25.00
Tnta I Payments: $25..00
VISIT US AT WWW.METROKC.GOVI
PPCFLEC/RFOORDS,
,nOUNTY RECORDER OFF Irr1
DePuty: 'ALATIJEF
•