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AG 96-283 CITY hi=' FEDERAL WA A t I NITIA~DATE APPROVED CONTRACT ~IGNATURE RDUTING FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: Glen A. Johnson and Ruth JohnsoR (Applicant's Name) MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: ~ EASEMENT FOR SURFACE WATER FACILmES For and in consideration of One Dollar ($1.00) and other valuabl~ consideration, the receipt of which is hereby acknowledged, Glen A. Johnson and Ruth Johnson, a Married Couple, ('Grantor') grants, conveys and warrants to the CiTY OF FEDERAL WAY, a Washington municipal corporation ('Grantee') for the purposes hereinafter set forth a perpetual easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: The south 88.214 feet of the north 172.428 feet as measured along the east line of Lot 87, Supplemental State Plat in Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington, according to plat thereof recorded in Volume 42 of Plats, page 23, in King County, Washington. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property consisting of a Twenty (20} foot wide drainage utility easement ('Easement') described as follows: Legal Description of Easement attached hereto as Exhibit 'A' and as depicted on Exhibit ~A-1 "and incorporated herein by this reference. TOGETHER WITH temporary construction easement described as follows: Legal Description of Temporary Construction Easement attached hereto as Exhibit ~B" and as depicted on Exhibit ~A-1 "and incorporated herein by this reference. 1. Purpose. 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 the Property to inspect, design, construct, reconstruct, operate, maintain, repair, replace, remove, grade, excavate, and enlarge all surface water facilities including, but not limited to, outlet structures, control structures, pipes, catch basins, manholes, retention and detention facilities, ponds, ditches, and all appurtenances thereto ("Facilities."). Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Easement over and across the Property to enable Grantee to exercise its rights hereunder by utilizing the improved driveway on the Property or by any other method mutually agreeable to Grantor and Grantee. 3. Obstructions; landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement, and may level and grade the Easement to the extent 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 to a condition similar to its condition prior to such work. Following the installation of the Facilities, Grantor may undertake any ordinary improvements to the landscaping of the Easement, provided that no trees or other plants shall be placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. ORI INI 4. Grunter'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 provided: further, that Grantor shall not construct or maintain any buildings or other structures on the Easement, that Grantor shall not perform grading or other form of construction activity on the Property, which would alter the functioning of the Facilities, and that Grantor shall not blast within fifteen (15) feet of the Easement. 5. Temporan/Construction Easement. Said temporaw construction easement shall remain in force during construction and until such time the Facilities have been accepted for operation by the Grantor. 6. Indemnification. Grantor agrees to indemnify and hold Grantee, 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 Easement, including without limitation, any damage to the Easement area resulting from surface water flooding. 7. Successors and Assigns. The rights and obligations of the parties ~all inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. GRANTOR Glen A. Joh~on and Ruth Johnson a e) /' (signature) (name) (name) (title) (title) GRANTEE CITY OF FEDERAL WAY ~-~ Kenne~ E. Nyb~rg, City Manager 2 City(Clerk, N. Christine Green, CMC APPROVED AS TO FORM: ity Attorney, Londi K. Undell [Corporate Nataryl STATE, OF WASHINGTON ) )ss. [Individual Notary] COUNTY OF KING ) STATE OF WASHINGTON ) On ~this day personally appeared before me ) ss. /~//c//~ .z~ ~E-/(~5,~-/~)/ , to me COUNTY OF KING ) known to be the-~> C.~/mv C(~'? ,,~'/~/2~ of ~ ~r-/C- ~(~y ::~Z'~ ~d,'~/ , the ~" 0,n this day personally appeared before me, corporation that executed the foregoing instrument, and ~) (~-/~./~ /~. ~r4 h,~ /'~ )L~ --'~'~JV~(~'~ to acknowledged the said instrument to be the free and ~:3 me known to be the individual(s) described in and who voluntary act and deed of said corporation, for the uses ~ executed the foregoing instrument, and on oath swore and purposes therein mentioned, and on oath stated that ~'~ that he/she/they executed the foregoing instrument as he/she was authorized to execute said instrument and ~ his/her/their free and voluntary act and deed for the that the seal affixed, if any, is the corporate seal of said ~ uses and purposes therein mentioned, corporation. ~'~ G_LVEN my hand and official seal this I ~-~') GIVEN my hand and official seal this/'(c ~lay of ' (typed/printed name of nota~/) name of nota~'} Notary Public in and for the State c in and for the State of Washlngton. My commission expires ¥{- -7 - c~)O0 )ires //~///~d :> ... .. EXHIBIT A PERMANENT DRAINAGE EASE1V .NT DESCRIPTION P~RCEL #797880-052~ THAT PORTION OF THE PARCEL AS RECORDED UNDER RECORDING NUMBER 9511130591, RECORDS OF KING COUNTY, WASHINGTON, INCLUDED WITHIN A STRIP OF LAND 20 FEET WIDE, 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 88°23'48'' EAST ALONG THE SOUTH LINE OF SAID PARCEL, 93.30 FEET TO THE THREAD OF THE CREEK AND THE TRUE POINT OF BEGINNING; THENCE NORTH 06°07'01'' WEST ALONG SAID CREEK, 44.94 FEET; THENCE NORTH 05e40'59'' EAST ALONG SAID CREEK, 8.35 FEET; THENCE NORTH 02°08~33'' WEST ALONG SAID CREEK, 17.58 FEET; THENCE NORTH 16°05'17'' WEST ALONG SAID CREEK, 16.60 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL, SAID POINT DISTANT SOUTH 88°23~48" EAST, 82.28 FEET FROM THE NORTHWEST CORNER OF ~ID PARCEL AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION.'~' THE SIDELINES TO BE EXTENDED OR SHORTENED TO BEGIN ON THE SOUTH LINE AND END ON THE NORTH LINE OF SAID PARCEL. //- 7.- ?& 1 OF 1 E A R T H ~ 'r E c H '' EXHIBIT A-1 CEDAR CREEK CONDO PER~ANENT <~ EASEMENT, TOTAL AREA = 1749 S.F. OF GREEK I A9BITIflNAL AREA DUTSIDE THE ~ 83.~I' PERMANENT EASEMENT = 883] S.F, ~ 88'~3'48' E 93,30' ~ PARCEL ~797880-05E~ ~ PARCEL ~797880-0580 PARCEL ~7978~0-05~ EXHIBIT MAP PARCEL NO. 797880-0521 ACAD No, 1454EXH~-40 11-5-~6 E A R T H ~) T E C 100 W. Broadway 10800 N.E. 8th St. 720 S. 333 St. Ste.200 1200 Dupont St.. Ste. 2-8 Ste. 5000 7th Floor Federal Way, WA 98003 Belllnghom. WA 98225 Long Beach. CA 90802-4443 Bellevue. WA 98004 20G 838-6202 560 754-3202 510 495--4449 206 455--9494 ''" EXI{IBIT B TEMPORARY CONSTRUCTION EASE1V[ENT DESCRIPTION PARCEL #797880-0521 THAT PORTION OF THE PARCEL AS RECORDED UNDER RECORDING NUMBER 9511130591, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 88023'48'' EAST ALONG THE SOUTH LINE OF SAID PARCEL, 83.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88023'48'' WEST ALONG SAID SOUTH LINE, 44.65 FEET; THENCE NORTH 42040'25'' EAST, 42.51 FEET;. THENCE NORTH 00030'43'' WEST, 15.33 FEET; THENCE NORTH 85006'40'' EAST, 50.78 FEET; THENCE SOUTH 15034'39'' EAST, 20.00 FEET; THENCE SOUTH 75027'45'' EAST, 17.87 FEET; THENCE SOUTH 06"07'01" EAST, 30.27 FEET TO SAID SOUTH L!~E; THENCE NORTH 88"23'48" WEST ALONG SAID SOUTH LINE, 60.55 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID PARCEL, INCLUDED WITHIN A STRIP OF LAND 20 FEET WIDE, 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 88023'48'' EAST ALONG THE SOUTH LINE OF SAID PARCEL, 93.30 FEET TO THE THREAD OF THE CREEK AND THE TRUE POINT OF BEGINNING; THENCE NORTH 06°07'01'' WEST ALONG SAID CREEK, 44.94 FEET; THENCE NORTH 05040'59'' EAST ALONG SAID CREEK, 8.35 FEET; THENCE NORTH 02008'33'' WEST ALONG SAID CREEK, 17.58 FEET; THENCE NORTH 16°05'17'' WEST ALONG SAID CREEK, 16.60 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL, SAID POINT DISTANT SOUTH 88023~48'' EAST, 82.28 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION. THE SIDELINES TO BE EXTENDED OR SHORTENED TO BEGIN ON THE SOUTH LINE AND END ON THE NORTH LINE OF SAID PARCEL. 1 OF 1 £~,R[$ 10-01-~7 [ A R T H ~ T £ C H