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)