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20070620001884:� When Recorded Mail To: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063 -9718 Attn: Sean Wells, P.E. I 001884 20070620 ,,. 0B/i0/2007WA Y 0103?3�V � p�p01 KING COUNT l UA DECLARATION OF COVENANT Grantor (s): N.W.C.H. INVESTMENT PROPERTIES, L.L.C., a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington municipalcorporation Property Legal Description (abbreviated): Parcel B of Federal Way BLA #05-100275-000-00-SU, Rec. #20050524900001. Complete Legal Description indicated below. Assessor's Tax Parcel ID#(s): 202104-9140 IN CONSIDERATION OF the approved City of Federal Way ("City") building permit for application_ No. 05-100035-000-00-CO relating to real property legally described as:. Legal description of property attached hereto as Exhibit "A" and incorporated herein by reference ("Property"), the undersigned as Grantor(s) declares that the above described Property is hereby subject to a perpetual easement for a natural or constructed storm water conveyance system ("System") and hereby dedicates, covenants, and agrees as follows: 1. City shall have the right to ingress and egress over the Property 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. The City shall not have the right to enter into any buildings existing on the Property without Grantor's permission. 2. 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. ("Manager") shall give notice of the specific maintenance and/or repair required. The Manager shall also set a reasonable time in which such work must 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 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 Manager may take any measures pursuant to Federal Way City Code. 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 ensues, the prevailing party is entitled to costs and/or fees. 5. The Grantor is hereby required to obtain written approval from the Manager 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 Declaration of Covenant shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 6. Grantor agrees to indemnify, defend, and hold City, 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 Declaration of Covenant except to the extent caused by the sole negligence of the City. This covenant is intended to protect the value and desirability of the Property, and shall inure to the benefit all the citizens of City of Federal Way, and shall run with the land, and shall touch and concern the land, and shall be binding on all heirs, successors, and assigns. GRANTOR N.W.C.H. INVESTMENT PROPERTIES, L.L.C. Carl R. Hogan, Ajan er 5312 Pacific Highw y East Fife, WA 98424 STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me Carl R. Hogan, to me known to be the. Manager of NWCH Investment Properties, L.L.C. 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 _WjArqpWoration. L:\csdc\doc G:\LawFor 08/04 W ,61,',cial seal this ,� day of y4 , 2007 0 N 4WD (typed/printed name of notary) � '• 0 4 NotaryPublic in and for the State of Washington. g •�►������ M commission expires ,LN y r ntstorml EXHIBIT A LEGAL DESCRIPTION The west 225 feet of the following described parcel: Commencing at a brass cap municipality of Cosmopolitan Seattle Monument marking the southwest corner of the northeast quarter of the southwest quarter of the southeast quarter of Section 20, Township 21 North, Range 4 East, W.M., King County, Washington; Thence running North 01 ° 20' 41" East, 326.80 feet to the true point of beginning; Thence continuing North 01 ° 20' 41" East, 303.54 feet to a point on the southerly margin of South 348th Street; Thence South 86° 39' 46" East, along said southerly margin, 459.40 feet; Thence South 01 ° 20' 41" West, 216.22 feet; Thence South 8 8 ° 3 9' 46" East, 3 5.8 8 feet; Thence South 22 ° 49' 11 " West, 115.41 feet; Thence North 86° 07' 32" West, 453.47 feet, to the true point of beginning; Except that portion thereof conveyed to King County by deed recorded under recording number 8611100342.; and Except that portion thereof conveyed to City of Federal Way by St t tory Warranty Deed recorded under recording number 31M0CP2C)