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AG 96-232 FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: ~' Virainia D. Kuhlman {Applicant's Name) MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 EASEMENT FOR SURFACE WATER FACILITIES For and in consideration of One Dollar ($1.00) end other valuable consideration, the receiet of which is acknowledged, Virginia D. Kuhlman, es her separate estate, ('Grantor') grants, conveys end 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: That portion of Government Lot 2, Section 14, Township 21 North, Range 3 East, W.M., In King County, Washington, described es follows: Beginning at a point on the east line of said Government Lot 2, 580.1 feat north of the southeast comer thereof; thence south 89°12'18" west 378.07 feet to the east line of that certain tract of land conveyed to Floyd Lane by deed recorded under Recording Number 7311280126; thence north 00°37'31 ' west along the east line of said Lane Tract for 75.00 feet; thence north 89°12'18" east for 378.07 feet to s point on the east line of said Govemment Lot 2; thence south 00°37'31" east along said east line of 75.00 feet to the point of beginning; TOGETHER WITH a non-exclusive 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, Section 14, Township 21 North, Range 3 East, W.M., in King County, Washington; thence north 0°37'31" west on a line parallel to the east line of Government Lot 2 to the 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 comer of said Government Lot 2; thence west 25 feet to point of beginning; EXCEPT that portion of said easement lying with F.B. Hoyt Road Southwest (also known as 47th Avenue Southwest end Dumas Bay Road); AND EXCEPT that portion thereof lying within the above described main tract of land. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property consisting of a 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 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. ORIGINAL 2. Access. Grantee shell 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 agreeeb]e 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 fol~wing 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 tress 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 Eesemeet. 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. 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. 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. Successors and 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. GRANTOR (title) APPROVED AS FOR FORM: STATE OF WASHINGTON ) } ss, , On this day p~sonally appeared before me. /Y/~ / ~ /~~ c ~ me ~own to be the individ~l~ d~crib~ in and who ~x~ th~r~oi~ in.run.t, and on oath swore that ~/she/t~ ex~ut~ the forgoing in~ru~ as~r fr~ and voluntaw act and d~ for the uses and purposes therein mentionS. GIVEN my hand and official s., this q~ day of typ~/pn ~ name~o~ ~6~ "'~t'~" '~, 7T',' ~-c~ . Notary Public ~ ~he S~_~tn~n.