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20020531001989CONFORMED COPY 200205310019 LLOYD89 1� DP After recording return to: PAGE 001 OF 003 KINGICOUNTY. WA 1 Ann Dower City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 '. STR: 20-21-04 Permit No: 01-101656-000-00-CO and 01-101587-000-00-CO Parcel No: 202104-9160; 202104-9175 DECLARATION OF COVENANT IN CONSIDERATION OF the approved City of Federal Way (City) building permits for applicationNo. 01-101656-000- 00-CO and 01 -101 587-000-00-CO relating to real property legally described as: see attached The undersigned as Grantor declares that the above described property is hereby subject to an easement for a natural or constructed conveyance system and hereby dedicates, covenants, and agrees as follows: City shall have the right to ingress and egress over those portions of real property described above to access such easement area for inspection of and to reasonably monitor the system for performance, operational flows or defects in accordance with City=s Surface Water Management Divisions procedures. If City determines that maintenance or repair work is required to be done to the system, the Manager of the Surface Water Management Division of the Department of Public Works shall give notice ofthe specific maintenance and/or repair required. The Manager shall also set a reasonable time in which such work is to be completed by the Grantor, its heirs, successors or assigns. If the above required maintenance and/or repair is not completed within the time set by the Manager, the City may perform the required maintenance and/or repair. Written notice will be sent to the Grantor stating the City=s intention to perform such maintenance. Maintenance work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the Surface Water Management Division Manager, there exists an imminent or present danger, said seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 3. If at any time the City reasonably determines that any existing retention/detention system creates any conditions detrimental to the receiving surface water system, public and/or private property, the Surface Water Management Division Manager may take measures specified in the written notice provided to the Grantor. 4. The Grantor shall assume all responsibility for the cost of any maintenance and for repairs to the system. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensures, the prevailing party is entitled to costs or fees. 5. The Grantor is hereby required to obtain written approval from the Surface Water Management Division Manager of the City of Federal Way Department of Public Works prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated drainage facilities (such as swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the drainage facilities contained within property as described previously. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 6. This Agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. This covenant is intended to protect the value and desirability of the real property described above, and shall insure to the benefit all the citizens of City of Federal Way, and shall be binding on all heirs, successors, and assigns. BROCO PROPERTIES, LLC By: , Randy Lloyd, Managing Partner STATE OF WASHINGTON ) COUNTY OF KING ) ss. I certify that I know or have satisfactory evidence that Randy Lloyd is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument; and acknowledged it as the Managing Partner of Broco Properties, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:A-1-0 og �PNN qL o F li an for re o 'ssio Tres: 2004 p a State of Washington, I I Washington LEGAL DESCRIPTION Lot 2 of King County Short Plat No. 383053, according to Short Plat recorded under Recording No. 8312050817, records of King County, Washington. Lot 4 of Short Plat No. 1179064R, according to Short Plat recorded under Recording No. 8702250329, which is a revision of Short Plat recorded under Recording No. 8011050837, records of King County, Washington. A portion of the North half of the Southeast quarter of Section 20, Township 21 North, Range 4 East, Willamette Meridian, in King County, Washington, more particularly described as follows: COMMENCING at the Northwest corner of the Northeast quarter of the Northwest quarter of the Southeast quarter of said Section 20; THENCE along the North line of last said subdivision and the North line of the Northwest quarter of the Northeast quarter of the Southeast quarter of said Section 20, South 88' 46' 40" East 690.06 feet to the TRUE POINT OF BEGINNING; THENCE continuing South 88' 46' 40" along the North line of last said subdivision 229.66 feet; THENCE along a line parallel to and 66 feet Westerly, as measured at right angles of the Easterly line of the West half of the last said subdivision South 01 ° 27, 44" West 661.32 feet to the Southerly line of last said subdivision; THENCE along said Southerly line North 88' 43' 15" West 229.66 feet; THENCE North 01' 27' 44" East 661.10 feet to the TRUE POINT OF BEGINNING; ALSO the Southerly 50 feet of the Easterly 66 feet of the Southwest quarter of the Northwest quarter of the Northeast quarter of the Southeast quarter of said Section 20; ALSO the Southerly 50 feet of the Southeast quarter of the Northwest quarter of the Northeast quarter of the Southeast quarter of said Section 20 lying Westerly of State Highway No. 1 (Old 99) Project Name: Lloyd Corporate Headquarters April 12, 2001 7673L.005 DJS/bsd