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AG 96-231 ~" RECEIVED ~9~ ~ :1~' DF FEDERAL WAY LAW DEPARTMENT RE~UEBT FQE ~:NTEACT PEEPAEATIDN/DQ:UMENT REVIEW/~IBNATUE~~~ ~. O~I~INATIN~ STAFF PERB:NI ~[~ EXT:~---- 3. DATE mE~. FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: Floyd L. Lane end Jo Ann Lena (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 valuable consideration, the receipt of which is hereby acknowledged, Floyd L. Lane and Jo Ann Lane, 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: PARCEL A: That portion of Government Lot 2 in Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington, described as follows: Beginning at a point in the Northeasterly line of the Puyallup Indian Reservation, which is South 45°47'42' East 651.03 feet from the West line of said Government Lot 2; thence North 40°37'07" East 96.64 feet; thence Easterly along a line parallel with the South line of said Government Lot 2, 217.0 feet to the true point of beginning of the tract of land hereby described; thence along a line North 0°37'31 ' West 152.0 feet; thence Eastedy along a line parallel with the South line of said Government Lot 2, 185.10 feet; thence South 0°37'31" East 152.00 feet; thence Westerly along o line parallel with the South line 185.10 feet to the true point of beginning. An easement for private roadway over the North 15 feet of that portion of said Government Lot 2, described as follows: Beginning at a point along a line which is North 0°37'31 ' West 389.4 feet Northerly of the Southeast corner of Government Lot 2; thence West 400.0 feet along a line which is South 89 o 12'18" West; thence Northerly 190.7 feet along a line which is North 0°37'31" West; thence Easterly 400.0 feet along a line which is North 89°12'18' East to the East line of Government Lot 2; thence Southerly 190.7 feet along a llne which is South 0°37'31" East to the point of beginning. PARCEL C: An easement for roadway over that portion of said Government Lot 2, described as follows: Beginning at a point 25 feet West of the Southeast comer of Government Lot 2; thence North 0°37'31" West on a line parallel to the East line of Government Lot 2 to tho intersection of said line and Dumas Bay County Road; thence North 89°12'18" East 25 feet; thence South 0°37'31" East to the Southeast corner of said Government Lot 2; thence West 25 feet to point of beginning. ORIGINAL 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: Ten (10) feet on each side of the thread of Joe's Creek. 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 strdcturas, control structures, pipes, catchbaslna, man/holes, 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 Eassrnsnt to · 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. 4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to uss 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. 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 entJbes, 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. Grantee agree to indemnify and hold grantors, their 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, their respective agents, licensees, or representatives, arising from, or connected with this easement. 6. Succeseo~ and Assigns. The ~ights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 2 GRANTOR Flovd L. Lane and Jo Ann Lane (name) By By ~ ~ ~ ~/ (signature) ~e)~ ~ ~--~-(name) (title) (title) APPROVED AS TO FORM: , .inds,, cit ttorn,¥ STATE OF WASHINGTON ) COUNTY OF ) O_~__ this day personally, appeared before me, ~,.,)~)'Rl~kJ LR~C / FL~, ~--,' L~'~_ tO me known to be the i~ividual(s) described in a~ who execut~ the foregoing in~mment, a~ on oath swore that he/she~execut~ the foregoing in~mment as his/her/their free a~ volunta~ act a~ de~ for the uses a~ ~rposes therein mentionS. ~IVEN my ha~ a~ official ~al this ~ dayof ~ . ,19 ~ -- (~/print~ name of nota~) ~ ~L..~',,,.~/~* Nota~ Public in a~ for the Stats of Wash,n~. ~~. My commi~ion sxpires ~-/0 ~ ~ . , · ~U~,~