HomeMy WebLinkAboutAG 95-203 - FAR EAST INVESTORS
DATE IN:
I
CITY OF FEDERAL WAY AW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./Dlv.:
L~.
[:.<} o.a.-v--
EXT: ~ 3. DATE REQ. By:
2. CRIGINATING STAF"F" PERseN:
4. TYPE eF" DeCUMENT REQUESTEe (CHECK eNE):
0 PROF"ESSOONAL SERVICES AGREEMENT
0 MAINTENANCE/LASOR AI3REEMENT
0 PUSLIC WeRKS CeNTRACT
0 SMALL PUBLIC WeRKS CONTRACT
IL... THAN "',COCI
0 PURCHABE AI3REEMENT
'MATC.'A~, OUPpu.., E.U'PHC.."
0 SECURITY DoCUMENT
!c.B., AB.UH'NT & Pc."MA'N OOHO, A.."NHcNT OR 'UND. 'N LIEU 0' SDHOI
0 CONTRACTOR SELECTleN DOCUMENT
!c.D.. R,S, R'P, R'QI
0 REAL ESTATE PURCHABE & SALES AGREEMENT
5. PRC.JECT NAME: F'A-t:!.. Ë.r~f
6. NAME OF" CONTRACTCR: F~/l ~~ J-,¡A) sV<t,sW~
ADeREBS:
PHeNE:
TYPE eF" PERseN eR ENTITY (CHECK eNEI:
0 INOIVIDUAL
-rARTNERSHIP
0 SOLE PRDPRIETDRSHIP STATE:
0 CORPORATODN
TAX ID#/SS#:
SIGNATURE NAME:
TITLE:
7. SCCPE OF" WCRK: ATTACH EXHIBIT A - A ceMPLETE ANe DETAILEO eESCRIPTleN eF" THE SERVICES eR scePE eF"
weRK, IN CLUeING ceMPLEToeN DATES F"eR EACH PHASE eF" weRK ANO LeCATleN eF" weRK.
B. TERM: CeMMENcEMENT DATE:
CeMPLETleN DATE:
9. TCTAL COMPENSATICN: $ (INCLUDES EXPENSES AND SALE5 TAX, IF" ANY)
'" CALCU~TCD OH HDU.LY ~.D. OHA.'C . ATTACH .CHcOUL" DP cHPLOY,," TOTL" AND HOU.LY RAT'"
REIMBURSABLE EXPENSES:
DYES
ONe
IF" YES, MAXIMUM DeLLAR AMeUNT: $
Is SALES TAX aWED?
0 YES
ONe
IF" YES, $
PAle BY:
0 CeNTRACTeR
OCITY
1 C. SELECTleN PRecEss USED (CHECK eNE):
0 RE"UEST F"OR BIDS
0 RE..UEST F"DR PROPOSALS
0 RE"UE5T F"DR QUDTE5
0 REQUEST F"OR QUAUF"lC&TION5
D ARCHITECT & ENGINEER LI5T
0 SMALL WORKS R05TER
1 1. CCNTRACT REVIEW
INITIAL/DATE ApPReVED
0 elRECToR
0 LAW (ALL CONTRACTS)
~:=~ :".:~~~T~~~~':T f.1F.H~'/
CDNTRAOTD. .mCTOOH DDCUHCNTI
0 PURCHASING
12. CCNTRACT SIGNATURE RCUTING
INITIAL/DATE ApPReVED
~AW DEP&RTMENT
6"c,TY MANAGER
~Y CLERK ,~
\7 :~GS~::E:O:: S;C~ ~lD~'N/Jl5!3/~
.~ PURCHA51NG: PLEA5E CHARGE TO!"
Wi I 'V '7 S:-- -þ-
CCMMENTS
WH'TE - O",O"'AC OTm W'TH CO..Y"ACT CANARY - OcE"< mow, H'NK - cAw em. DCLDENRDO D"'O'..",... m,"
L04" IRcv ....,
~
r:r;
00
~
N
N
(1¡
0
~~
~
~
0-
-Q
~
I.U
r=
¡::
~
I
~
"
,',
L"
'c.
,.0
"'
,"
0
'-'
W
,~'
"
~
.~,
C,
'-'
~
,"
c.'
'"
~
,n
,
n,
n'
,,'-:
n,
MAIL TO:
City of Federal Way
33530 1st Way South
Federal Way, via 98003
Attn. Jeff Pratt
P ,7" 'i'¡ e r-
Aq 115~ J.D3
Sr' '] no,' 'i!'. ~.J
,.~"Li¿,~',~,~ ~\
AGREEMT_FOR , '~'-V5 J"~' . "~~
PERPETUAL EASEMEN1:¡, )/;,;&*"j., ,Ii, rJ..
." ¡1u fib/Iud ~ ~ f(J/~
This Agreement for Per fual Easement ("Agreement") is dated ~-
effective this 3rd day of gust, 1995 and is entered intD between
the city of Federal W , a Washington municipal corporation
("city") and Far East In estors, a Washington Limited Partnership,
with Karen Steincipher, At General Partner, ("Far East").
A. The City intends to construct and maintain the Kitts
Corner/South 336th regional detention and wetland/stream
restoration project ("prDject") as a public project located on real
property within the City;
B. Far East owns real property within the City, portiones) Df
which are required by the City for its Project;
C. The city has nDtified Far East that the City has
threatened to condemn an interest in the Far East property for the
Project; and
D. It is in the best interest of Far East and the City to
reach a voluntary agreement regarding the transfer of the property
from Far East to the City without the need for condemnation
litigation, if the parties can agree to the terms and conditions of
such transfer.
~NOW, THEREFORE, the City and Far East enter into this
Agreement for good and valuable consideration, the sufficiency and
adequacy of which is acknowledged, in order to effect an
appropriate property interest transfer to the city on the following
terms and conditions:
1. Easement Area. Far East shall convey at closing a
permanent exclusive easement to the City by fully executing,
delivering and recording an easement in the form attached hereto as
Exhibit "A" and incorporated herein by this reference ("Permanent
Easement") . The Permanent Easement affects the Far East real
property tax parcels 202104-9052 and 202104-9100 as legally
described and as drawn in Exhibit "B", attached hereto and
incorporated by this reference ("Property").
2. Purchase Price. The City shall pay, by certified check,
to Far East the sum of One Hundred Thirty Two Thousand Three
Hundred Fifty Eight Dollars and Sixty Two cents ($132,358.62) at
clDsing.
EXCISE ~,\X NOT REQUIRED
~n9 Co, A.""rdS Division
By ~ ~\' ~ Deputy
-1-
ORIGINAL
3.
Title.
3.1 Condition of Title. Title to the Permanent Easement is
to be free of all encumbrances or defects other than general
exclusions and exceptions approved by the city. Encumbrances to be
discharged by Far East shall be paid by Far East on or before
closing.
3.2 Title Insurance. The City shall, at the City's expense,
immediately upon execution by the parties to this Agreement, apply
~LTA standard form of Owner's policy of title insurance
<::.t issued by" To ~" -1II",r 1p", Title Insurance company. The preliminary
J ,commitment thereto, and the title pDlicy to be issued, shall
~ q/~~ontain no exceptions other than general exclusions and exceptions
,/ approved by the City. If title cannot be made so insurable prior
~;.,-- to the closing date, this Agreement shall be terminated. The City
n~ , 'if may elect to waive any such defects or encumbrances.
1/11' 3.3 Future Encumbrances. Far East shall be prohibited from -
encumbering the Permanent Easement in any manner following the full
execution of this Agreement.
4.
Closinq.
~- Closina. This sale shall be closed Dn or before
{--J-'if-~ September'~ 1995, after the city's satisfaction of the
~ II contingencies set forth in section 5.1 herein, or at another time
~q&tIJ agreed to in writing by the parties; provided, however, that the
. Parties agree to extend the closing dated for an additional two (2)
~- weeks if the need for such extension exists in order for the City
to satisfy the contingencies.
~~ I
~ll~}~~
...
íIj
ilJ
...
N
N
C')
0
~!')
C')
4.2 Closinq Costs. Taxes and Proration. Each party shall pay
its own closing costs. Far East shall pay any real estate excise
tax and revenue stamps. Parties shall pay those standard closing
costs accruing to the date of closing on or before the date of
closing. Upon closing, Far East will promptly apply for and
diligently pursue appropriate reevaluation with the King County
Assessor of that portion of the Property subject to the Permanent
Easement. The city shall support such reevaluation by writing a
letter to King County and agrees to pay to Far East at least ten
(10) days before due and after receipt of a copy of the King county
tax statement, the pro rata portion of the real property taxes
applicable to the fair market value of the Permanent Easement area
equal tD 14.3% of the total taxes owed on Parcel 202104-9052 and
equal to 100% of the total taxes owed on Parcel 202104-9100 from
closing until the first half, 1996 payment. Upon such
reevaluation, and any refund issued by the King County Assessor,
Far East shall pay to the city the monies the city previously paid
for such real property taxes. The city's obligation to pay such
taxes terminates on April 30,1996 regardless of whether or not Far
East has obtained the requested reevaluation.
-2-
EXCISE TAX NOT REQUIRED
KIng Co. Records OiviOion
~ ~ Deputy
4.3 Possession. The City shall be entitled to possession of
the Permanent Easement at closing.
5.
Continaencies.
5.1 The continqencies. The city's obligations under this
Agreement are conditioned upon and subject to the City's
satisfaction, in its sole discretion, or the City's written waiver
Df the following cDntingencies:
(a) Final approval of this Agreement by the City Council of
Federal Way;
(b) The absence of any violation for which notice has been
given, of federal, state or City laws including without
limitation, all city codes, ordinances, resolutions,
regulations, standards and policies, as now existing or
hereafter adopted or amended, effecting the use, occupancy or
condition of the Permanent Easement;
(c) The pendency or threat of any litigation or proceeding
relating to the Property and/or the Permanent Easement; or
""
Œ:;
Œ:;
""
N
N
~
0
~
~
(d) Any material change in the Property, the Permanent
Easement or the improvements on the Property occurring after
the execution of this Agreement.
5.2 continqencv Period. The City shall have three (3) weeks
following execution of this Agreement in which to notify, pursuant
to section 15.9, Far East that it has satisfied, has waived
satisfaction of the contingencies or has elected to terminate this
Agreement pursuant to such contingencies.
5.3 Expiration of continqencv Period. If Far East does not
receive the notice required by section 5.2 prior to the closing
date, this Agreement shall terminate.
6. citv Development CDnditions. Far East may utilize the
Permanent Easement area consisting of approximately 62,194 square
feet in complying with any existing or future City code
requirements for open space, green belt, or maximum lot coverage,
as a result of Far East's development on the Property.
7. License. Far East hereby grants a license to the City,
its agents or representatives to enter upon the remaining Property
legally described in Exhibit "C" to place soils excavated for its
Project as an engineered fill on the Property subject to the
following terms and conditions:
a)
Filling of the Property shall be pursuant to the grading
and fill plan attached hereto as Exhibit "D" and
incorporated herein by this reference ("Plan") and
-3-
~
rx;
rr;
~
N
N
g)
0
:t)
g)
pursuant to the terms of any permit issued based upon the
Plan. The city shall, at its cost, satisfy any condition
of mitigation, restoration and/or replacement resulting
from this grading/filling. The city agrees that the
specifications delivered to Far East on July 31, 1995,
will be used by the city in bidding at this project;
provided, however, that Far East shall have no
independent cause of action or claim pursuant to such
specifications. The City shall have no obligation to
place fill on the Property exceeding the usable fill
resulting frDm its excavation. The City shall determine
what fill is usable in its sole discretion. The City
shall have no obligation to construct any structural
components Dr improvements in connection with placing
such fill and/or to incur any additional costs other than
moving the available fill from the Project and placing it
on the Property pursuant to the Plan and pursuant to all
permits.
b)
By Far East's executiDn of this Agreement,
acknowledges receipt and its approval of the Plan.
it
c)
Far East agrees to indemnify, defend and hold the City
harmless from and against any and all liabilities,
claims or damages (including attorney fees and costs)
resulting from the field condition and structural support
characteristics of the existing fill on the Property.
d)
This license grants to the City control of the Property
during the City's grading and filling activities. Any
use by Far East of the Property shall in no way interfere
with the City's use of the Property. This license will
revoke upDn the City's completion of the grading and
filling activity; provided, however, that such revocation
will not affect the City's right of reasonable access to
the Permanent Easement over and across the Property to
enable the city to exercise its rights pursuant to the
Permanent Easement.
8. storm Water Drainage. city shall prDvide in its Project
sufficient storage volumes to handle treated storm water discharges
from the Property under a maximum developed condition.
Accordingly, the City agrees that Far East, its heirs, assigns
and/or successors, shall not be required to provide anyon-site
retention/detention facilities for storm water on the Property as
a result of its initial development and the City shall provide such
compensating storage within its Project; provided, however, that
the City makes no such accommodation for any redevelopment Df the
Property and such redevelopment will be required to comply with all
applicable city codes and conditions. Far East, its heirs, assigns
and/or successors, shall install at Far East's expense, facilities
for direct discharge of treated storm water from the Property to
the City's Project.
-4-
'1'1
([j
Ç j
'1'1
N
N
<1)
0
1/)
<1)
9. Permits. The City is currently seeking various permits
and other governmental licenses as a condition precedent to
constructing its Project. The city shall review and amend as
necessary all Project permit applications no later than December
31,1995 to assure all permits and approvals being applied fDr will
allow and authorize the work and/or activities described in
sections 7 and 8 of this Agreement.
10. Permit Processinq. In the event Far East, its heirs,
assigns and/or successors, applies to the City for permit(s) to
develop the Property, the City agrees to reasonably expedite the
processing of any such complete application; provided, however,
that such application will be treated in the same manner as other
City applications. The city is bound in such processing to fully
effect the terms and conditions in section 6 of this Agreement.
Nothing in this section or in this Agreement relieves Far East of
its obligation to comply with all applicable laws, codes, rules,
regulations and/or permitting requirements.
11.
Far East's Representations and Warranties.
11.1 Environmental Conditions. Far East acknowledges that it
is Far East's Dbligation, at its sole CDst and expense to comply or
enSUre compliance with all federal, state, foreign and local laws
or administrative orders with respect to the environmental
conditiDns existing Dn the Permanent Easement at closing.
11.2 No Leases. Far East represents and warrants that the
Permanent Easement is not subject to any leases, tenancies or
rights of persons in possession.
11.3 No Material Defect. Far East is unaware Df any material
defect in the Permanent Easement.
12. Contractinq for Gradinq. In the event any permit is
issued by the City for development of the Property, and the City
enters into a contract with Far East for Far East to perform the
grading work described in the grading permit, Far East, its heirs,
assigns and/or successors may conduct, at its expense, grading/
filling beginning at its eastern boundary consistent with the terms
and limitations of the city's grading/filling permit as necessary
to establish proper grades/foundation.
13. Draftinq. This Agreement has been mutually drafted by
the parties and in the event of any dispute, terms and conditions
will not be construed or applied against any party as a drafter.
14. Survi val of Warranties. The terms, covenants,
representations and warranties contained in this Agreement shall
not merge in the Permanent Easement, but shall survive the closing.
-5-
....
r.r:;
íI:)
....
N
N
'"
0
:n
'"
15.
General Conditions.
15.1 Performance.
Time is Df the essence to this Agreement.
15.2 Entire Aareement. This Agreement contains all of the
agreements of the parties with respect to any matter covered or
mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be effective
fDr any purpDse.
15.3 Modification. No provision of this Agreement may be
amended or added to except by agreement in writing signed by the
parties.
15.4 Full FDrce and Effect. Any provisiDn of this Agreement
which is declared invalid, void or illegal shall in no way affect,
impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
15.5 Governina Law. This Agreement shall be made in and shall
be governed by and interpreted in accordance with the laws of the
state of WashingtDn.
15.6 captions. The respective captions of the paragraphs of
this Agreement are inserted for convenience Df reference only and
shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Agreement.
15.7 Authoritv to Execute. Each party warrants that it has
specific authority to execute this Agreement.
15.8 Recordina. Upon full execution, this Agreement shall be
recorded with the King County Department of Records.
15.9 Notices. Any notices required to be given to the parties
shall be delivered to the parties at the following addresses either
personally delivered or by depositing the notice in the united
states mail, postage prepaid (any notice so posted shall be deemed
received three (3) days after the date of mailing): City of
Federal Way, c/o Londi K. Lindell, City Attorney, 33530 1st Way
South, Federal Way, WA 98003, and Karen Steincipher, c/o HAGGARD
LAW OFFICE, IBM Bldg., suite 1200, 1200 Fifth Ave., Seattle, WA
98101.
FA EAST INVESTORS, a CITY OF FEDERAL WAY, a municipal
W ~qingto Li ited pa..rtnershiP cDrporation of the State of WA
.~. ./v ;f~z:.?;;t~
Y&'Y~Kenneth E. NYbe~
r J.ø c, Its: City Manager
33530 1st Way South
Federal Way, WA 98003
-6-
~
æ
<Xi
~
N
N
0')
0
~
0')
APPROVED AS TO FORM:
~LO~~~'
11 fr(J
***************************** ~bfríl
STATE OF WASHINGTON) I .
) ss. [PARTNERSHIP N TARY]
COUNTY OF KING)
On this day personally appeared before me the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Karen Steincipher, to me known to be Jj.- General Partner
of FAR EAST INVESTORS, the Washington limited partnership that
executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said
partnership, for the uses and purposes therein mentioned, and on
oath stated that she was authorized to execute said instrument on
behalf of said. partnership. /' d
,~ufland ~n~,,;:.fficial seal this ~ day cf
!
i
,;I
0 >.:~\:;;;;J.';/./
-7-
~
'Xi
rJJ
~
N
N
a')
0
:n
a')
STATE OF WASHINGTON)
) ssP
COUNTY OF KING)
On this day personally appeared before me, the undersigned
Notary Public in and for the state Df Washington, duly commissioned
and sworn, Kenneth E. Nyberg, to me known to be the City Manager of
the city bf Federal Way, a Washington municipal corporation, the
corpDration 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 the
said instrument.
4 GIVEN my
U¿().s:+
hand
and official
, 1995.
3/.d
of
this
seal
day
"""'"
..,~ ROe II
:'(,~ ",....../1'd!~~
or 'STI~~Q
¡4ì ~TARì' ~
::. -.-
~f!?>., ÞUBL\C ~l
~,. "PA",,/-29J/6 r ,l:j.l
,,"(-" "'" ",Q>~.:.
".,Of:' W"$~'~"
""",......,
~)vM1 , ~~
(notary signature)
Etfee..v¡ Pob;¡j.st)//
(typed/printed name of notary)
Notary Public in and for the state
of Washington.
My commission expires: /-02.9-9'ð
K:\docunent\fareast. fin
8-31-95 (95-098)
-8-
EXHIBIT "A"
FILED FOR RECORD AT REQUEST OF:
City of Federal Way
MAIL TO:
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
ATTN: Jeff Pratt
EASEMENT FOR DRAINAGE FACILITIES
FOR 336TH/KITTS CORNER PROJECT
.-4
CC;
Œ:J
.-4
N
N
(1)
0
¡f)
(1)
For and consideration of One Dollar ($1.00) and other valuable
consideration, the receipt of which is hereby acknowledged, Far
East Investors, a Washington Limited partnership, with Karen
steincipher, a General Partner ("Grantor") grants, conveys and
warrants to the CITY OF FEDERAL WAY, a Washington Municipal
Corporation ("Grantee") for the purposes hereinafter set forth a
perpetual exclusive easement under, across and over certain real
property (the "Property") located in Federal Way, Washington,
legally described as follows:
That portion of the South half of the South half of the
North half of the Southeast quarter of the Northeast
quarter of section 20, Township 21 North, Range 4 East,
W.M. in King County, Washington, lying Westerly of
Primary State Highway No.1 as conveyed to the State of
washington by deed recorded under Auditor's File No.
1778235.
Except as may be otherwise set forth herein, .Grantee' s rights shall
be exercised only upon that portion of the Property ("Easement
Area") legally described as follows:
[See Exhibit "A" attached hereto and incorporated herein by
this reference.]
-1-
~
(fj
(fj
~
N
N
0')
0
U')
0')
1. purpose. Grantee and its agents, designees and/or assigns
shall have the exclusive perpetual right, without prior notice to
Grantor, at such times as deemed necessary by Grantee, to enter
upon the Easement to inspect, construct, reconstruct, operate,
maintain, repair, replace, grade, excavate and enlarge all surface
water drainage facilities including, but not limited to,
underground facilities and/or systems upon and under the Easement
Area, together with all necessary or convenient appurtenances
theretD, including without limitation, pipes, catch basins,
retention and detention facilities, ponds, biofiltration swales,
ditches, water quality treatment facilities vaults and semi-buried
Dr grDund mounted facilities ("Facilities"). Grantee shall have
the right to flood the Easement Area and to engage in any and all
activities as if Grantee owns fee title to the Easement Area.
Following the initial construction of the Facilities, Grantee may
from time to time construct such additional facilities or
improvements as it may require within the Easement Area.
2. Access. Grantee shall have the right of reasonable access to
the Easement Area over and across the Property to enable Grantee to
exercise its rights hereunder.
3. Obstructions: Landscapinq. Grantee may remove any and all
vegetation, trees, or other obstructions within the Easement Area,
and may level and grade the Easement Area.
4. Grantor's Use of Easement. This Easement shall be exclusive to
Grantee; provided, however, Grantor reserves the right to use the
Easement Area in order to comply with City code requirements fDr
open space, greenbelts or maximum lot coverage; and provided
further Grantor may install, at its expense, such facilities as
reasDnably necessary to prDvide for direct discharge of treated
storm water from the Property to the Easement Area in compliance
with all applicable laws and after obtaining all necessary permits;
and Grantor may install landscaping in the Permanent Easement if
the city approves such installation and after obtaining all
necessary permits and approvals in compliance with all applicable
laws. Further, Grantor shall not perform digging, tunnelling or
other form of construction activity on the Property, which would
disturb the compaction or unearth the Facilities on the Easement
Area, or endanger the lateral support to the Facilities. Grantor
shall not blast within fifteen (15) feet of the Easement Area.
5. Successors and Assiqns. The rights and obligations of the
parties shall inure to the benefit of and be binding upon their
respective successors, heirs and assigns.
-2-
6. No Encumbrances. Grantor shall maintain the Easement Area
free of all encumbrances and defects and is prohibited from
recording or taking any actiDn which results in the recording of
any lien, encumbrance or other defect against the Easement Area.
DATED this
day Df
, 1995.
GRANTOR:
GRANTEE:
FAR EAST INVESTORS, a
Washington Limited
Partnership
CITY OF FEDERAL WAY, a Washington
Municipal Corporation
By:
Karen Steincipher,
A General Partner
By:
Kenneth E. Nyberg
Its city Manager
*********************************
.-'I
IX)
IX)
.-'I
N
N
a')
0
~
a')
STATE OF WASHINGTON)
) ss.
COUNTY OF KING)
[INDIVIDUAL NOTARY]
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Karen steincipher, a General Partner of Far East
Investors, a Washington Limited Partnership to me known to be the
individual described in and who executed the foregoing instrument,
and on oath swore that she executed the foregoing instrument as her
free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN
hand
and official
, 1995.
of
this
seal
day
my
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of
Washington
My commission expires:
K:\DDCUMENT\FAREAST .EAM
8-18-95(svd)(95-098)
-3-
STATE OF WASHINGTON)
) ss.
COUNTY OF KING)
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Kenneth E. Nyberg, to me known to be the City Manager of
the City of Federal Way, a Washington municipal corporation, the
corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed Df said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the
said instrument.
GIVEN
hand
and official
, 1995.
of
this
seal
day
my
(notary signature)
(typed/printed name Df notary)
Notary Public in and for the State
of Washington.
My commission expires:
.-4
íL)
íL)
....
N
N
a"J
0
~
a"J
-4-
.-4
çr;
Ç()
.-4
N
N
go¡
0
:n
go¡
Exhibit "A"
TO
Permanent Easement
Beginning at the southwest comer of the south half of the south half of the north half of
the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4
East, W.M.;
thence north 01 ° 14'06" east along the west line of said south half of the'south half of the
north half of the southeast quarter of the northeast quarter 164.41 feet to the northwest
comer of said south half of the south half of the north half of the southeast quarter of the
northeast quarter;
thence south 88°45'59" east along the north line of said south half of the south half of
the north half of the southeast quarter of the northeast quarter 417.81 feet;
thence south 28°06'20" west 137.66 feet;
thence south 07° 17' 42" west 41.84 feet to the south line of said south half of the south
half of the north half of the southeast quarter of the northeast quarter;
thence north 88°46'06" west along said south line 351.17 feet to the POINT OF
BEGINNING.
269800.wpS
"
w
8'-
.:
~~
ii-
'1"'4
00
00
'1"'4
N
N
C1)
0
U')
C1)
Ex. B
EXHIBIT "B" TO AGREEMENT
LEGAL DESCRIPTION
That part of the south half of the south half of the north half of the southeast quarter of
the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King
County, Washington, lying westerly of Primary State IDghway No.1 as conveyed to the
State of Washington by deed recorded under Recording Number 1778235.
-.,.',."(
417..,
FAREAST
PERMANENT
EASEMENT
62.194 S.F.
NB8'~'06"W
>51.1
,4-'
s
58"45"9"(
5" 07
FAREAST
TEMPORARY
LICENSE
101.747 S,F.
""'5"'"'
""06
£::j
c.,
<..J
0:
':
...
00
00
...
N
N
a')
0
~
a')
EXHIBIT "c"
TEMPORARY LICENSE AREA
The south half of the south half of the north half of the southeast quarter of the northeast
quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County,
Washington, lying westerly of Primary State Highway No.1 as conveyed to the State of
Washington by deed recorded under Recording Number 1778235
Except that part described as follows:
Beginning at the southwest comer of the south half of the south half of the north half of
the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4
East, W.M.;
thence north 01 ° 14 '06" east along the west line of said south half of the south half of the
north half of the southeast quarter of the northeast quarter 164.41 feet to the northwest
comer of said south half of the south half of the north half of the southeast quarter of the
northeast quarter;
thence south 88°45'59" east along the north line of said south half of the south half of
the north half of the southeast quarter of the northeast quarter 417.81 feet;
thence south 28°06'20" west 137.66 feet;
thence south 07017'42" west 41.84 feet to the south line of said south half of the south
half of the north half of the southeast quarter of the northeast quarter;
thence north 88°46'06" west along said south line 351.17 feet to the POINT OF
BEGINNING.
269800.wpS
7/ .
, !G'OO.OO
'I CBC,llyPE >
"'LUNG WELL NQ 4
SEEm '.
. S""-,c,
"-.
Ii
! ¡
-""
\
4
I
i
¡ ;
,
".
;1-
("/
~
¡
EXHIBIT "D"
,/
, "
¡<C::->/"
.,vlS""
~""=
. ED~
~~AY
0 50 100 150
rvv' '0 0 '
SCAlE IN FEET
KIlTS C,,"NER ..., S.336TH STRm RECiON"'-
ST,,""WATER DETENT"" "., wETLANoS/STR,...
REST""AT",, PROXCT
EARTHWORK DISPOSAl AREA
GRADING AND DRAINAGE PLAN
,wG
C'9
, ,
"- -",",
- OR "STEPHAN
E:i!J:.lI!J C"" R LlNoOUST
- """'G,e«
NO. I DATE
AT( JUN 1995
PRO' NPw3740
nLf N"'c' 3'40>o07.d>.
"'JU.."'"
20"""
I
~I
~ II
7,' .
, ID'OD.DO o.
'I CB C.I rvPE 2
5"LLONGWELL NO.4
SEEm '.
5-1 '-
0--. -c----
- .. --
; ...~ -"",
; - -'--"
Ii ----"'..
i
;1-
4
;
i
,
".
i¿:~~/ ..
i!
~
¡
EXHIBIT "D"
R'.'SOON
~""=
. iED~
~~ A"Y
a 50 100 150
rvv' '0 0 '
SCAlE IN FEET
KITTS CDONER "'" S.336TH STREEI REGK)NAL
STDO"WA"R OETENT"" ...., wETL,""S"'RE'"
RESTDOAT"" PROJ(CT
EARTHWORK DISPOSAl AREA
GRADING AND DRAINAGE PLAN
we
C-9
, ,
"'_S(;He~
- OR "S".......
E:i!J:JI!J CHo< R LINOOUST
- """'eeeE<
NO. I OAT<
AT< JUN 1995
PROJ NPw3740
"LC N"". "'O'OO,.".
"'JUN-.",
20"'.03
0
r.l)
r.l)
f'1
N
N
'"
0
~':)
'"
~
)
8
~w
~g
.-S:) t-
~
~
CIJ
""
".
D
=
'"
'"
co
U
',d
,-
E~
co
~
,c
ú,
'"
n
~
,~
0'"
°'
~
~
RECEIVED
~~JEP 29 1995
AU7,1;¡,¡¿"""",,
FILED FOR RECORD AT REQUEST OF:
City of Federal Way
MAIL TO:
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
ATTN: Jeff Pratt
/,). ,,/7, d1.' ~ .::M.
) ~ti4?~J.:t¿'.d.¿L4 f/ "'//'<r ¿~U.¿bJ4~ / k~
! EASEMEN¥ FOR DRAINAGE FACILITIES
~þ> )/~~~'~. ro~.. PROJ=
For and co~sideratrð'ñ of One Dollar ($1.00) and other valuable
considerati~' the receipt of which is hereby acknowledged, Far
East Invest rs, a Washington Limited partnership, with Karen
Steincipher'i ~ General Partner ("Grantor") grants, conveys and
warrants to the CITY OF FEDERAL WAY, a Washington Municipal
Corporation ("Grantee") for the purposes hereinafter set forth a
perpetual exclusive easement under, across and over certain real
property (the "Property") located in Federal Way, Washington,
legally described as follows:
That portion Df the SDuth half of the South half of the
North half of the Southeast quarter of the Northeast
quarter of section 20, Township 21 North, Range 4 East,
W.M. in King County, Washington, lying Westerly of
Primary State Highway No.1 as conveyed to the State of
Washington by deed recorded under Auditor's File No.
1778235.
Except as may be otherwise set forth herein, Grantee's rights shall
be exercised only upon that portion of the Property ("Easement
Area") legally described as follows:
[See Exhibit "A" attached heretD and incorporated herein by
this reference.]
EXCISE TAX NOT REQUIRED
King, ød. i'I""'rdS OM.ion
By S?'~_DGP()ty
ORIGINAL
0
rx;
rx;
~
N
N
(1)
0
;!')
a>
1. Purpose. Grantee and its agents, designees and/or assigns
shall have the exclusive perpetual right, without prior notice to
Grantor, at such times as deemed necessary by Grantee, to enter
upon the Easement to inspect, construct, reconstruct, operate,
maintain, repair, replace, grade, excavate and enlarge all surface
water drainage facilities including, but not limited to,
underground facilities and/or systems upon and under the Easement
Area, together with all necessary or convenient appurtenances
thereto, including without limitation, pipes, catch basins,
retention and detention facilities, ponds, biofiltration swales,
ditches, water quality treatment facilities vaults and semi-buried
or ground mounted facilities ("Facilities"). Grantee shall have
the right to flood the Easement Area and to engage in any and all
activities as if Grantee owns fee title to the Easement Area.
Following the initial construction of the Facilities, Grantee may
from time to time construct such additional facilities or
improvements as it may require within the Easement Area.
2. Access. Grantee shall have the right of reasonable access to
the Easement Area over and across the Property to enable Grantee to
exercise its rights hereunder.
3. Obstructions: Landscapinq. Grantee may remove any and all
vegetation, trees, Dr other obstructions within the Easement Area,
and may level and grade the Easement Area.
4. Grantor's Use of Easement. This Easement shall be exclusive to
Grantee; provided, however, Grantor reserves the right to use the
Easement Area in order to comply with City code requirements for
open space, greenbelts or maximum lot coverage; and provided
further Grantor may install, at its expense, such facilities as
reasonably necessary to provide for direct discharge of treated
storm water frDm the Property to the Easement Area in compliance
with all applicable laws and a~ter obtaining all necessary permits;
and Grantor may install landscaping in the Permanent Easement if
the city approves such installation and after obtaining all
necessary permits and approvals in compliance with all applicable
laws. Further, Grantor shall not perform digging, tunnelling or
other form of construction activity on the Property, which would
disturb the compaction or unearth the Facilities on the Easement
Area, or endanger the lateral support to the Facilities. Grantor
shall nDt blast within fifteen (15) feet of the Easement Area.
5. Successors and Assiqns. The rights and obligations of the
parties shall inure tD the benefit of and be binding upon their
respective successors, heirs and assigns.
-2-
By: /y!;
K en Ste cipher,
J )' JL...GEmelèa-l' Partner
q is q') /}¡ , ÏÞf?/t.fU '{¿11 .£)¡,¡.,¡
1ft{ ,::J¿/¡1-£t..1 í;Jt/J4uí
0 *********************************
rr;
rrJ
~
N
N
c-¡
0
~I')
c-¡
6. No Encumbrances. Grantor shall maintain the Easement Area
free of all encumbrances and defects and is prohibited from
recording or taking any action which results in the recording of
any lien, encumbrance or other defect against the Easement Area.
,~ 9,
DATED this % day of ,~~
, 1995.
GRANTOR:
GRANTEE:
FAR EAST INVESTORS, a
Washington Limited
Partn s ip
CITY OF FEDERAL WAY, a Washington
Municipal Corporation
~~~
Kenneth E. NYberg~
Its city Manager
STATE OF WASHINGTON) .L
) ssP [INDIVIDU, ï. NOTARY! ~9f4
COUNTY OF KING) A , () I . /t'Y" ¿fv1) ,
~/V'-' rr ,W;L~ (I
On this day personally app red before me, the undersigned
Notary Public in and for the sta of Washington, duly commissioned
and sworn, Karen steincipher, ./ General Partner of Far East
Investors, a washington Limited Partnership to me known to be the
individual described in and who executed the foregoing instrument,
and on oath swore that she executed the foregoing instrument as her
free and voluntary act and deed for the uses and purposes therein
mentioned. ~~
~mY nd and official seal this ~day of
~ , 1995.
./
~*~
(typed/printed name of notary) .
Notary PUblic.in ¥d for ti)e "au <if
Washington ,/'e/--<.£Uvtf'~, ~
My commission expires: /ú 7t:> ::s
,I;!
K:\DOCUMENT\FA.J~ST .EAM
8-18-9SC,S,;,,7s:098)
-3-
STATE OF WASHINGTON)
) ss.
COUNTY OF KING)
On this day personally appeared before me, the undersigned
Notary Public in and for the State of Washington, duly commissioned
and sworn, Kenneth E. Nyberg, to me known to be the City Manager of
the City of Federal Way, a Washington municipal corporation, the
corporation 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 the
said instrument.
f1 GIVEN ¡ny
()~s.~
hand
and official
, 1995.
.sId- day
of
this
seal
0
OC;
OC;
...
N
N
a')
0
:.!)
a')
......"", ""
-"~~ ROS;. ,"
:-«"v~~""""'~&."«
. ~ ,i~.J IIDN ~~ 0 \
t~! ~OTAliY' ~
, i _0- íI
~~\ PUBL\C ",-I
, -'I l ~-
I' lj\.,'I" .~ -
,~(-' "" "",'
't"OJ: WAS'(.~..:'
"""""......"
~~~~
t!e-<::Þ] ðhlf¡Çê-v\
(typed/pr~nted name of notary)
Notary Public in and for the State
of Washington. .,
My commission expires: !-o:;¿ 1- '1 Y' .
-4-
0
rL:;
rrJ
...
N
N
a')
0
:J'.)
(1)
Exhibit "A"
TO
Permanent Easement
Beginning at the southwest corner of the south half of the south half of the north half of
the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4
East, W.M.;
thence north 01 ° 14'06" east along the west line of said south half of the" south half of the
north half of the southeast quarter of the northeast quarter 164.41 feet to the northwest
corner of said south half of the south half of the north half of the southeast quarter of the
northeast quarter;
thence south 88°45'59" east along the north line of said south half of the south half of
the north half of the southeast quarter of the northeast quarter 417.81 feet;
thence south 28°06'20" west 137.66 feet;
thence south 07°17'42" west 41.84 feet to the south line of said south half of the south
half of the north half of the southeast quarter of the northeast quarter;
thence north 88°46'06" west along said south line 351.17 feet to the POINT OF
BEGINNING.
269800.wp5
t1q q'5~ ZOJ>
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE:
December 14, 1995
TO:
cary Roe, Public Works Director
Jeff Pratt, SWM Manager
Marwan Salloum, SWM Project Engineer
John Caufield, Sr. Financial Analyst
Chris Green, city Clerk
fwl v .."",lv"...... ..Sì
FROM:
Londi K. Lindell, city Attorney
SUBJECT:
S. 336th/Kitts Corner Regional Storage Facility Project
Purchase of Far...tEasement
Enclosed for your records please find the following:
1)
Transmittal Letter from Stewart Title enclosing the following:
a)
b)
Final Closing Statement
Check in the amount of $28.21 as a refund for excess
recording fees. (The check is enclosed with John's
copies and should be credited to account no.
- the account the check was drawn on for this purchase)
2) copy of Recorded Agreement for Perpetual Easement
(The original of this Agreement is enclosed with the Clerk's
memo for creating a property purchase file.)
3) Copy of Recorded Easement for Drainage Facilities
(The original of this Easement is enclosed with the Clerk's
memo for filing in the same property purchase file.)
I apologize for the delay in getting these documents to you.
you have any questions, please give me a call.
If
¡ : \memos\wri ght.336
NORTHGATE OFFICE
Northgale E'e,"ll,e Bolldlog "
9725 3cd A,euoe NE
Solie 204
Seallle, Wa'hlo,tou 98115'2024
(206) 522,'4'0
Fa, (206)522'9526
I
.
SEATTLE OFFICE
1201 Thlcd AveQQe
Solie 3800
Seattle, We'hlo,'oo 98101,3055
(2061622,1040
F.,(206)343,1358
BELLEVUE OFFICE
10801 Malo Siceel
Solie 115
Bellevoe, W"hlu,too 9800H366
(206) 646,4155
Fa, (206) 646,4164
"A Tradition
of Excellence"
STEWART TITLE COMPANY
OF WASHINGTON, INC
September 25, 1995
f:? l:: ("'....
'..' t:c:: ! 1 /I-
e;- ~ P',,)
ci')~;:~:,~~' ,
THE CITY OF FEDERAL WAY
ATTN: LONDI K. LINDELL
33530 1ST WAY SOUTH
FEDERAL WAY, WA 98003-6210
RE:
Our Escrow Number: 52030404
FAR EAST INVESTORS/CITY FEDERAL WAY
Dear Ms. Lindell:
The above-referenced escrow transaction has been completed.
enclose the following:
We
1.
2.
Closing Statement - RETAIN FOR TAX PURPOSES
Check in the amount of $28.21
We appreciate this opportunity to have been of service to you.
v~ Y¿x~
Candy Loeffelbein
Escrow Assistant
(206) 343-1343
crl
Enc.
8/88
t, """"", "";,.,...~;";",,,,~.-,,,.c,......
~!
STEWARTE
COMPANY OF WASHINGTON, INC.
1201 3RD AVENUE, Suite 3800
SEATTLE, WASHINGTON 98101
~1~-
CASe"""","
'11< AND MADISON
SEATTLE, WASHINGTON
,
1250
"""",~,-"",-,"""-----"--"-"-
ESCROW NO. 52030404
09/25
195
42-00016412
>AY Twenty eight and 21/100
DOLLARS$ **28.21
TO THE CITY OF FEDERhL WhY
THE 33530 1ST WhY SOUTH
OR~:R FEDERhL WhY, Wh 98003-6210
ESCROW TRUST ACCOUNT
~~~
VOID AFTER 60 DAYS
lI'l,nbl,~2l1' 1:~2S000021,1: b7~1,:I
:I ~ :III'
,---,-~,,".."
",..."'..--.. ...
. .--........-".---.
STEWART TITLE COMPANY
OF WASHINGTON, INC.
ESCROW TRUST ACCOUNT
DETACH AND RETAIN 11<IS STATEMENT.
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BElOW
IF NOT CORRECT PLEASE NOTIFY us PROMPTlY NO RECEIPT DESIRED
42-
16412
09/25/95
File: 52030404
**28.21
42-00016412
SELLER: F~R EhST INVESTORS
BUYER: THE CITY OF FEDERhL WhY
hDDRESS:
REFUND DUE BUYER/BORROWER
I
$28.21 I
TITLE ORDER NUMBER: 269800-12
Date: 25--Sep-95 Time: 08M AM
BUY E R (S) FIN A L
C LOS I N G
.
S TAT E MEN T
--------------------------------------------------------------------------------
Prepared by
STEWART TITLE COMPANY OF WASHINGTON, INC.
1201 THIRD AVENUE
WASHINGTON MUTUAL TOWER, SUITE 3800
SEATTLE, WASHINGTON 98101-3055
(206) 622-1040 OR 1-800-634-5544
Buyer(s)......:
Seller(s).....:
Lender........:
Property......:
Closing date..:
File Number...:
THE CITY OF FEDERAL WAY
FAR EAST INVESTORS
09/22/1995
52030404
Proration date:
09/22/1995
--------------------------------------------------------------------------------
DEBIT
CREDIT
--------------
--------------
SALES PRICE......................................
132,358.62
DEPOSITS:
ADDITIONAL DEPOSIT FROM BUYER....................
REMITTER: THE CITY OF FEDERAL WAY
133,982.74
PRORATIONS:
COUNTY TAXES - 2ND 1/2 @ 100 %...................
from 09/22/95 to 01/01/96 @ $ 3.90090 per day
14.3 % OF 2ND 1/2 TAX............................
from 09/22/95 to 01/01/96 @ $ 2.65307 per day
ESCROW CHARGES:
ESCROW CHARGES...................................
393.99
267.96
822.32
TITLE CHARGES:
OWNER'S TITLE POLICY.............................
Liability amount (OTP) $132,358.62
PAYEE...: STEWART TITLE OF WASHINGTON
75.74
RECORDING FEES/TRANSFER CHARGES:
RECORDING FEES ESM amount $35.90.................
PAYEE...: STEWART TITLE OF WASHINGTON
35.90
.......................................SUBTOTALS:
............................BALANCE DUE TO BUYER:
..........................................TOTALS:
133,954.53
28.21
133,982.74
133~982.74
133,982.74
--------------------------------------------------------------------------------
STEWART TITLE OF WASHINGTON, INC
BY:
