Loading...
AG 96-2737[>W['/-g" P-iTY OF FEDERAL WA9 LAW DEPARTMENT _ . i [, SEAI-rLE BELLEVUE EVERETT OLYMPIA TACOMA . ~C1 THIRD AVE. 126107TH N.E. 2927 ROCKEFELLER 119 WEST LEGION WAY 943 TACOMA AVE. SO. SEATTLE, .VA 98104 BELLEVUE, WA 98004 EVERE~F, WA 98201 OLYMPIA, WA 98501 TACOMA, WA 98402 PR: 206-623-8771 PH: 206-455-0102 PH: 206-258-4591 PH: 360-754-6595 PH: 206-383-1791 206-682~1675 FAX: 206~455-3153 1-800-869-7785 1-80(~828-0199 1-800-736-7250 ~ cAIo' ~]ENG~R~,. .... ~ '" - FAX:1-800-736-7295206.625_9247 FAX: 206-252-9322 FAX: 360-357-3302 FAX: 206-272-9359 FIRM NAME PHONE ATTORNEY DATE/TIME ADDRESS ~Y YOUR ABC ACCT. NO, ~ CAUSE NO. CLIENT MATTER # DATE! i I-. ~.~ ~--- I V r- I-~ DOCUMENTS CITY ATTORNEY ON DOCUMENTS SLtP ONLY I I DO NOT FILE OTHER INSTRUCT!ONS 7 1996 FEDERAL COURT ] STATE SEC. ~ COUNTY SUPERIOR OREGON ~ y SEA TAC SUPREME STATE I [COURT I CIRCUIT AUDITOR BANKRU TC CRT CORP. I PROPER USE OF MESSENGER SLIPS: preparation and final checkino of returns!! WORLD WIDE If for any reason you are confused as to the correct manner in which this messenger slip should be filled out when PROClaSS ]~ORW~D[NG conveying your specific request instructions . . . PLEASE consult the reverse side for oedinent information that should 60] TH[RD ACE. assist you. ABC Messengers will assume no liability for errors which occur as a result of sloppily or improperly filled out SEATTLE, WA 98104 messenger slips.., including filings not marked in the proper and designated filing boxes etc. PH: 623-8771/800-736-7295 FAX 800-786-4011 FORM01~ 9/95 THIS FORM NOT FOR PROCESS FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: EMERALD FOREST APARTMENTS LIMITED PARTNERSHIP MAIL t0: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: U~rw~n ~llnHrn EASEMENT FOR STORM SEWER FACILITIES For and in consideration ol~ One Dollar ($1.00) and othe*' valuable consideration, the receipt of which is hereby acknowledged, EMERALD FOREST APARTMENTS LIMITED PARTNERSHIP, a Washington limited partnership ("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 in Exhibit "A". Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property ("Easement") legally described in Exhibit "B" and depicted in Exhibit "C" attached hereto 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 and enlarge all storm sewer facilities including, but not limited to, underground facilities, all connectors, manholes 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. 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 shaJl be pJaced thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantor'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 digging, tunneling or other form of construction activity on the Property, which would disturb the compaction or unearth the Facilities; and that Grantor shall not blast within fifteen (15) feet of the Easement. 5. 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. ORIGINAL Grantee agrees to indemnify and hold Grantor, its elected officials, employees, agents, and volunteers harmless from any and liabilities (including cost and attorney fees) to or by any persons or entities, including, without limitation, its respective agents, licensees, or representatives, arising from, or connected with this easement. 6. Successors end Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. DATED THIS 6~,h day of November ,199~) GRANTOR GRANTEE EMERALD FOREST APARTMENTS LIMITED PARTNERSHIP CITY OF FEDERAL WAY By ' ~' ~ B (signature) ~/ tsignature) (name) (name) General Partner ff~ ~ (title) A T: ~ /~ City ~lerk, N. Chri~ine Green, CM~ '~ APPROVED AS TO FORM: ,~--~it¥ Attorney, kondi K. kindell [Individual Notary] [Limited partnership Notary] ~/,d/~ STATE STATE OF WASHINGTON ) OF W-AS+flNG'~TON ) I ss. COUN~ OF KING ) COUN~ OF ~;NG ) On this day personally appeared before me, On this day personally appeared before me ~W~CE L, ~ ~/M& , to me to me known to be the individual[s) described in and known to be the ~e~ ~ of who executed the foregoing in~rument, and on oath ~e~L ~ ~~ ~ P~ the swore that he/she/they executed the foregoing limited pa~nership that executed the foregoing in~rument as his/her/their free and voluntary act and in~ment, a~ ac~owl~g~ the said in~rument to be deed for the uses and purposes therein mentioned, the free a~ volunta~ act and deed of said pa~nership, for the uses and purposes therein mentioned, and on GIVEN my hand and official seal this __ oath ~ated that he/she was authorized to execute said day of , 19__. in~rument. GIVEN my ha~ a~ official seal this ~ day (wped/printed name of nota~, Notary Public in and for the State of Washington. My commission expires ~ ~ ~ . ~ ~ ~ (tyPed/printed name of notary) Nota~ Public in and for t~e State of ~n. My commission expires ~./~ [~ - MS:op K:~SWM~PROJECTS~lST&352~EMERALD.EAS 3 EXHIBIT "A" LEGAL DESCRIPTION The southeast quarter of the southeast quarter of Section 19, 7~wnship 21 North, Range 4 East, W.M., in King County, Washington; ~XCEPT the east 30 feet thereof conveyed to King County for road by deed recorded under Recording Number 1229268; AND EXCEPT that portion thereof conveyed to King County for lst Avenue South and for Southwest Campus Drive by ~eed recorded January 7, 1985 under Recording Number 8501070838; TOGETHER WITH an easement for access and utilities as established under instrument recorded under Recording Number 8411301427; being more particularly described as follows: That portion of the northeast quarter of the southeast quarter of Section 19, Township 21 North, Range 4 East~ W.M. in King County, Washington, more particularly described as follows: Commencing at the east quarter corner of said Section 19; thence along the east line of said Section 19, south 01o08,58,, west 1,3t8.14 feet to the southeast corner of the northeast quarter of the southeast quarter of said Section 19, said southeast corner being designated as Engineer,s Station 86+23.17 as shown on King County Public Works Survey No. 19-21-4-4; thence along the south line of said northeast quarter of the southeast quarter north 88o52,25,, west 150.00 feet to the beginning of a curve concave to the northeast having a radius of 400.00 feet; thence westerly and northwesterly 348.17 feet along said curve through a central angle of 49o52,20" to Engineer's Station 81+25.00; thence south 50o59,55,, west 42.00 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 442 00 feet; thence southeasterly 52.18 feet along said curve through a central angle of 06045,49'' to a point of cusp with a curve concave to the south having a radius of 25.00 feet (A radial line through said point of cusp be'ars north 44o14,06,, east); thence northwesterly, westerly and southwesterly 36.32 feet along said curve through a central angle of 83o14,11,,. thence along a non-tangent line north 39000,05" west 15.00 feet to the TRUE POINT OF BEGINNING; thence south 50059,55'' west 16.25 feet to the beginning of a curve concave to the southeast having a radius of 85.00 feet; thence southwesterly and southerly 73.99 feet along said curve through a central angle of 49o52,20,, thence south 01o07 35" west 14.18 feet to said south line; thence along said south line north 88052,25'' west 30.00 feet; thence north 01007'35'' east 14.18 feet to the beginning of a curve concave to the southeast having a radius of 115.00 feet; thence northerly and northeasterly 100.10 feet along said curve through a central angle of 49o52,20,,; thence north 50059,55'' east 16.25 feet; thence south 39o00,05" east 30.00 feet to the TRUE POINT OF BEGINNING; ALSO TOGETHER WITH an easement for access and utilities as established under instrument recorded under Recording Number 8710260320. ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT ,MANAGEMENT CONSULTING FIRM City of Federal Way Job No. 631-06-950o004 July 23, 1996 EXHIBIT "B" LEGAL DESCRIPTION FOR STORM DRAINAGE EASEMENT A strip of land 30.00 feet in width, lying 15.00 feet on each side of a centerline in the southeast quarter of the southeast quarter of Section 19, Township 21 North, Range 4 East, W.M., City of Federal Way, King County, Washington, more particularly described as follows: COMMENCING at the southeast comer of the southeast quarter of said Section 19; THENCE west along the south line of said southeast quarter, 92.82 feet to the POINT OF BEGINNING; THENCE N 24°52'34TM W, 61.00 feet to the terminus of said centerline. The sidelines of said easement shall lengthen or shorten as necessary to intersect said south line. See attached Exhibit "C". Written by: V.J.B. Checked by: R.J.W. Legal/631061 t 31445 34004 9th Ave. So., 8idg. A · Federal Way, Washington 98003 Federal Way (206) 838-6113 · Tacoma (206) 927-0619 · Seattle (206) 623-5911 · Fax: (206) 838-7104 EXHIBIT C TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "B" A PORTION OF THE SE 1/4- OF SECTION 19, TWP, 21 N., RGE. 4 E., W.M., CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON SCALE: 1 "=20' ~ ,-- ~ ~ ~ . 92.82' . -- Section 19, Twp. 21 N., Rng. 4 E., W.M. POINT OF BEGINNING ~ ~0' ~ JOB NO. 631-06-950-004 ESM ~ DRAWING NAME : EXH-C Am,,....,.~ae~..emm.em~..~ DATE : JULY 23, 1996 340~ 9th ,V[NU[ SO.. ,COO. A DRAWN : VJB FZOe~ WAy, WASH~NOTON e~ SHEET 1 OF 1 ~HONE; [206] 838--6~ 13