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20000918000032 Return Address: City of Federal Way Attn: Law Dept. 33530 1st Way S. 20000918000032 Federal Way, WA 98003 FEDERAL WAY EAS 13.00 PAGE 001 OF 006 09/18/2000 09:06 KING COUNTY, WA PERMANENT BEAUTIFICATION EASEMENT Grantor (s): ANDREW C. & LUETTA M. CRATSENBERG, husband and wife. Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Tract X, KCSP 1077139. Additional Legal(s) on Exhibit A Easement Legal Description (abbreviated): Ptn Tract X, KCSP 1077139. Additional Legal(s) on Exhibit B Assessor's Tax Parcel ID #(s): 092104 -0000 GNP RECITALS A. ANDREW C. & LUETTA M. CRATSENBERG, husband and wife ( "Grantor ") is the owner of certain real property (the "Property ") located in Federal Way, Washington, and legally described in Exhibit "A" attached hereto and incorporated herein by reference. B. The CITY OF FEDERAL WAY, a Washington Municipal Corporation ( "Grantee "), desires to ° construct beautification improvements, including street trees, decorative lights, speciality landscaping, and decorative sidewalks, along South 320t Street within the City Center Core. The City requires cv a portion of the Property in which to locate the improvements. C. The parties both desire to avoid eminent domain proceedings, and to resolve matters without further cost or expense. Therefore, for valuable consideration, the receipt of which is hereby acknowledged, and under threat of the exercise of eminent domain, the parties agree as follows: EASEMENT AGREEMENT 1. Grant of Easement. Grantor grants, conveys and warrants to the( "Grantee ") a perpetual, permanent beautification easement ( "Easement ") under, across and over that portion of the Property legally described in Exhibit B attached hereto and incorporated herein by reference. 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, over or under the Easement to inspect, construct, reconstruct, operate, maintain, repair, replace and enlarge decorative sidewalks (or portions thereof), landscaping, street trees, decorative landscaping lighting and street lights, and associated appurtenances (including without limitation landscaping irrigation and power for the decorative lighting). Following the initial construction of the improvements, Grantee may from time to time construct such additional improvements as it may require. Nothing in this Easement shall obligate the Grantee to commence or complete the improvements within a specific period of time; provided, however, the Grantee shall use diligent efforts to complete all work within, and to restore, the Easement within a reasonable period of time after commencing such work. EXCISE TAX NOT REQUIRED - PARCEL:092104 -0000 King u ty Records Division DePutY . . • 2. Access. Grantor also covenants and agrees that, upon reasonable not ice to Grantor , Grantee shall have the right of access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder. 3. Obstructions; Landscaping. Grantee may from time to time remove vegetation, trim and /or maintain grade the Easement to the extent trees, or other obstructions within the Easement, and may level and g 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 and Grantor's Property to a condition similar to its condition prior to such work. Following the construction and installation of the improvements, Grantor shall from time to time trim and /or maintain the landscaping (other than the trees) within the Easement. In addition, Grantor may make such other regular or typical landscaping improvements within the Easement, provided that no trees or other plants shall be placed thereon which in the judgment of the grantee would be unreasonably expensive or impractical for Grantee to maintain, remove or restore. If the Grantor fails to trim and /or maintain the landscaping after written notice from the Grantee, Grantee may also remove, trim and /or maintain the landscaping within the Easement. 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. Grantor shall not construct or maintain any buildings or other structures on the Easement. Grantor shall not perform digging, tunneling or other form of construction activity on the Property, which would disturb the compaction of or damage any improvements within the Easement, and no blasting 0 shall be done within fifteen (15) feet of the Easement. Grantor shall not prune, trim, limb or remove o any of the trees within the Easement, without advance written authorization of Grantee. exs 5. Indemnification. Grantor and Grantee agree to indemnify and hold the other, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, cr) 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, c , resulting from, or connected with the negligence or intentional misconduct of each other or each 0 other's agents or invitees within or with respect to the Easement. 0 c• 6. Successors and Assigns. The rights and obligations described herein shall run with the land, shall inure to the benefit of the Grantor and Grantee, and shall be binding upon their respective successors, heirs and assigns. DATED THIS 11 day of , 20 bQ GRANTOR (Individual) j Ad-424-±L2 (signature) (signature) Andrew C. Cratsenberg Luetta M. Cratsenberg -2- PARCEL:092104 -0000 r GRANTEE: Approved as to Form: OF FEDERAL / WAY "� • L • d indell, City Attorne iik y /` v y .. � 1 By: - David H. Moseley, City Manager [Individual Notary] [City Manager Notary] STATE OF WASHINGTON ) STATE OF WASHINGTON ) ) ss. 1 ss. COUNTY OF KING ) COUNTY OF KING ) On this day personally appeared before me, On this day, personally appeared before me, Andrew C. Cratsenberg and Luetta M. the undersigned, a Notary Public in and for Cratsenberg to me known to be the the State of Washington, duly commissioned individual(s) described in and who executed and sworn, David H. Moseley, to me known the foregoing instrument, and on oath swore to be the City Manager of the City of Federal that he /she /they executed the foregoing Way, a Washington municipal corporation, instrument as his /her /their free and voluntary the corporation that executed the foregoing act and deed for the uses and purposes instrument, and acknowledged the said cry therein mentioned. instrument to be the free and voluntary act © and deed of said corporation, for the uses e = IV EN and hand and official seal and purposes therein mentioned, and on oath cr this 1/ day of alt , 200 stated that he was authorized to execute the opt said instrument. a l C ,iven under my hand and official seal (notary signature) this /0 day of v ` , 201!0. KAkE,J S. Me di c`" (typed /printed name of notary) �� (notary signature) Notary Public in and for the State of /[ 1 Wasi3leglx., !� ./ �r ('G �� d7 f l�s� M • A res �Rn1. 1," °? (typed /printed name of notary) / " �' TAY • / v + 0 ' �. Notary Public in and for the State of r • Si— ;OA Washington. • Jam"'" y NG • ; CV My commission expires: 1' Z . dj j►'. P U 8 ; : / .1e.•••••!.102 , EILEEN ROBINSON K: \STREE JECTS \23RD \ROW\Cratsenberg 0000.wpd STATE OF WASHINGTON 05 -08 -2000 NOTARY.-- PUBLIC MY COMMISSION EXPIRES 1 -29 -02 • -3- PARCEL :092104 -0000 EXHIBIT A TRACT X OF SHORT PLAT NUMBER 1077139 TRACT X OF SHORT PLAT NUMBER 1077139 RECORDED UNDER AUDITOR'S FILE NUMBER 7806301002, RECORDS OF KING COUNTY WASHINGTON, SAID SHORT PLAT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 825.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST OF W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SUBDIVISION DISTANT NORTH 89 °34'08" WEST, 817.85 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89 °34'08" WEST, 486.00 FEET, MORE OR LESS TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 00 °05'38" EAST ALONG THE WEST LINE OF SAID SUBDIVISION, 825.01 FEET TO THE NORTH LINE OF THE SOUTH 825.00 FEET OF SAID SUBDIVISION; THENCE SOUTH 89 °34'08" EAST, 488.80 FEET TO A POINT WHICH BEARS NORTH 00 °18'15" EAST FROM THE POINT OF BEGINNING; a.► THENCE SOUTH 00°18'15" WEST, 825.00 FEET TO THE POINT OF BEGINNING; cox EXCEPT THAT PORTION THEREOF TAKEN FOR SOUTH 320" STREET BY DEEDS RECORDED °t UNDER AUDITOR'S FILE NUMBERS 2727418 AND 4998538. czt as crs Q c 0 m• • EXHIBIT B EASEMENT DESCRIPTION THE SOUTH 5 FEET OF TRACT X LYING ADJACENT TO SOUTH 320 STREET AS DESCRIBED IN EXHIBIT A. ane. ar-3 cot cot - c=1 - c=, - um CI CC:A - CZ, .. 4rSt ••• S Z W. ';7'''. i.. ..t y.... .... r 1 ' r 1 t 4, . / 1 / NAL LAD) s. , . / ExpinEs A -13-°Z--- 1 1:%,,,,NN,NN,NNAme/e //w/eit l ' LOT 4 00'' I t O TRACT X g 1 N Wall LOT 1 LOT 2 cox LOT 3 I IIII c Q C Q c cots 5' EASEMENT t. 5 ' EASEMENT N.T.S. 0 C c c cv C C C to 0 to S. 320TH ST. DATE 5 -5 -2000 ACAD No. 1497 Exhibit EXHIBIT B1 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 ■ PACIFIC NORTHWEST TITLE Company of Washington, Inc. RECEIVE AU6 31 ?000 r' ATI0ND S o hs City of Federal Way - Public Works N 33530 First Way South Federal Way, WA 98003 -6210 Attention: Al Emter Order No.: 401972 Your Ref.: 23 Avenue South Project Parcel #092104 - 9299 -03 Enclosed is your Policy for Title Insurance on the above - referenced transaction. Thank you for the opportunity of serving you. Please do not hesitate to call us locally at (206)622 -1040 or statewide at 1- 800 - 634 -5544. We look forward to working with you again. Mike Sharkey Senior Title Officer Unit No. 12 215 Columbia Street A Seattle, WA 98104 -1511 A (206) 622 -1040 • Fax: (206) 343 -1358 http: / /pnwt.com • • Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY i SCHEDULE A Order No.: 401972 Policy No.: 1093 -91266 Policy Date: August 7, 2000 Policy Amount: $26,400.00 at 14:25 p.m. 1. Name of Insured: CITY OF FEDERAL WAY, a Municipal Corporation 2. The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3. The estate or interest referred to herein is at date of Policy vested in: CITY OF FEDERAL WAY, a Municipal Corporation 4. The land referred to in this Policy is described as follows: As on Schedule A, page 2, attached. • • Policy No.: 1093 -91266 SCHEDULE A Page 2 The land referred to in this policy is in the County of King, State of Washington, and described as follows: All that portion of the hereinafter described Parcel "A" lying within a tract of land beginning at the southeast corner of said Parcel "A "; thence westerly along the south line of said Parcel "A" to a point which is opposite Highway Engineer's Station (hereinafter referred to as HES) 100 +13 63 on the 23 Avenue South line survey of City of Federal Way Right of Way Plan -23 Avenue South and 55 72 feet southwesterly therefrom; thence northwesterly along the arc of a curve to the left having a radius of 301 feet to a point opposite HES 100 +88 21 on said 23 Avenue South line survey and 46 75 feet southwesterly therefrom; thence southwesterly to a point opposite HES 100 +88 49 on said 23 Avenue South line survey and 51 00 feet southwesterly therefrom; thence northwesterly to a point opposite HES 100 +93 60 on said 23 Avenue South line survey and 51 00 feet southwesterly therefrom; thence northeasterly to a point opposite HES 100 +92 83 on said 23 Avenue South line survey and 45 00 feet southwesterly therefrom; thence northwesterly to a point opposite HES 101 +47 22 on said 23 Avenue South line survey and 41 50 feet southwesterly therefrom; thence southwesterly to a point opposite HES and 47 00 feet southwesterly therefrom; thence northwesterly parallel with said 23 Avenue South line survey to a point opposite HES 101 +72 22 thereon; thence northeasterly to a point opposite said HES and 41 50 feet southwesterly therefrom; thence northwesterly parallel with said 23 Avenue South line survey to a point on the north line of said Parcel "A "; thence easterly along said north line to the northeast corner of said Parcel "A "; thence southeasterly along the east line of said Parcel "A" to the beginning. PARCEL "A" Lot "A" of Short Plat Number 480019 R, recorded April 28, 1980 under Recording Number 8004280455, being a portion of: The west half of the east half of the southeast quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W. M., in King County, Washington, and the east half of the east half of the southeast quarter of the southwest quarter of said section; EXCEPT the south 825 00 feet thereof; ALSO EXCEPT portion conveyed to King County for road purposes by deed recorded January 20, 1978 under Recording Number 7801200911; ALSO EXCEPT that portion for road purposes disclosed by King County Ordinance B604 recorded March 13, 1978 under Recording Number 7803130569. END OF SCHEDULE A • • Standard Coverage PACIFIC NORTHWEST TITLE INSURANCE COMPANY, INC. A.L.T.A. OWNER'S POLICY SCHEDULE B Policy No.: 1093 -91266 This policy does not insure against loss or damage by reason of the following: GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: As on Schedule B, attached. 410 • 4 11 1 Policy No.: 1093 -91266 SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1. EASEMENT AND THE TERMS AND CONDITIONS THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Pacific Northwest Bell Telephone Company, a Washington Corporation PURPOSE: Underground communication lines and above ground cabinets AREA AFFECTED: The south ten (10) feet of the east ten (10) feet of said premises RECORDED: November 16, 1981 RECORDING NUMBER: 8111160335 2. STORM DRAIN EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN: Andrew C. Cratsenberg, Sr. and Luetta M. Cratsenberg, husband and wife; and BCE Development, Inc., a Delaware corporation DATED: May 22, 1987 RECORDED: July 15, 1987 RECORDING NUMBER: 8707150886 AMENDMENT TO SAID AGREEMENT: RECORDED: July 15, 1987 RECORDING NUMBER: 8707150887 AMENDMENT TO SAID AGREEMENT: RECORDED: September 16, 1987 RECORDING NUMBER: 8709160174 3. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT, COPY ATTACHED: RECORDED: April 28, 1980 RECORDING NUMBER: 8004280455 4. Matters disclosed on a survey recorded under King County Recording Number 9503089002, a copy of which is hereto attached. (continued) T ' 4111 • 4111 Policy No.: 1093 -91266 SCHEDULE B Page 3 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Andrew C. Cratsenberg, Sr. and Luetta M. Cratsenberg, husband and wife TRUSTEE: Transnation Title Insurance Company, an Arizona corporation BENEFICIARY: Capital Investment Corporation of Washington, a Washington corporation AMOUNT: $300,000.00 DATED: February 16, 2000 RECORDED: February 22, 2000 RECORDING NUMBER: 20000222000965 AFFECTS: Includes other property ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Klara Kegg Survivors Trust, Larry Kegg, Trustee an undivided 5.0000% beneficial interest DATED: March 7, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000293 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Ladd Family, LLC, a Limited Partnership, an undivided 6.6667% DATED: March 7, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000294 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: George P. Rae and Corabelle Rae, husband and wife, an undivided 6.6667% beneficial interest DATED: March 8, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000295 (continued) • • Policy No.: 1093 -91266 SCHEDULE B Page 4 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: John S. Hauge and Arlene Hauge, husband and wife, an undivided 3.3333% beneficial interest DATED: March 8, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000296 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Susan M. Lang, a single person, an undivided 3.3333% beneficial interest DATED: March 8, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000297 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Cori B. Ladd, a single person, an undivided 3.3333% beneficial interest DATED: March 9, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000298 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Violet E. Redford, a single person, an undivided 3.3333% beneficial interest DATED: March 8, 2000 RECORDED: April 5, 2000 RECORDING NUMBER: 20000405000299 (continued) 4110 Policy No.: 1093 -91266 SCHEDULE B Page 5 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Templeton LW Estate, Betty Templeton, Exec, an undivided 3.3333% beneficial interest DATED: March 10, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001175 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Barbara A Ladd, a married person, as her separate estate, an undivided 3.3333% beneficial interest DATED: March 15, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001176 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Robert Laired and Dorothy Laired, husband and wife, an undivided 6.6667% beneficial interest DATED: March 10, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001177 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Frontier Bank, Trustee FBO Richard Stewart, IRA, an undivided 3.3333% beneficial interest DATED: March 22, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001178 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Lang Family Trust, Monnen Lang, Trustee, an undivided 3.3333% beneficial interest DATED: March 10, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001179 (continued) It • • • Policy No.: 1093 -91266 SCHEDULE B Page 6 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: LPL Partnership, an undivided 10.0000% beneficial interest DATED: April 12, 2000 RECORDED: 0 June 16, 2000 RECORDING NUMBER: 20000616001180 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Tim Mercurio, IRA, an undivided 6.6667% beneficial interest DATED: April 12, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001181 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Fronter Bank, Trustee FRO John Whalley, IRA, an undivided 11.6667% beneficial interest DATED: April 12, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001182 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: Glen Everett Russell, an undivided 3.3333% beneficial interest DATED: April 12, 2000 RECORDED: June 16, 2000 RECORDING NUMBER: 20000616001183 END OF SCHEDULE B XX /dfl 1 CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: March 1, 2001 TO: Chris Green, City Clerk FROM: Eileen Robinson, Paralegal SUBJECT: 23` Avenue S. Project; Parcel No. 092104 - 9299 -03 (deed) 092104 -9270, 092104 -9286, 092104 -0000 (easements) Grantor: Andrew C. and Luetta M. Cratsenberg Chris, in closing out my real property files, I am sending the originals of the following documents to you for safekeeping. 1) Original Warranty Deed, Cratsenberg to City, King County Recording No. 2000807001155. 2) Original Permanent Beautification Easement (Parcels 092104 -9270 and 092104- 9296), King County Recording No. 20000525001732. 3) Original Permanent Beautification Easement (Parcel 092104 - 0000), King County Recording No. 20000918000032. 4) Original Owner's Policy of Title Insurance No. 1093 -91266 (Order No. 401972) dated August 7, 2000, issued by Pacific Northwest Title in the sum of $26,400. If you have any questions, please give me a call. cc: Al Emter, Project Engineer k: \pubwork\23rd\ Cratsenberg Memo Clerk.doc