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AG 96-233~_ ~%~ L~P P-ITY b-F FeDeRAL way LAW DEPARTMENT / 7 FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: Nathan G. Allen ar~l Shannon M. Allen (Applicant's Name) MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: ~ EASEMENT FOR SURFACE WATER FACILITIES For and in consideration of One Dollar {$1.00) and other valuable consideration, the receipt of which is hereby acknowledged, Nathan G. Allen and Shannon M. Allen, a husband and wife, ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporal~on ("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 es follows: PARCEL A: That portion of Government Lot 2 in Section 14, Township 21 North, Range 3 East, W.M., in King County, described as follows: Beginning on the east line of said Government Lot at a point 580.1 feet northerly of the southeast corner thereof; thence south 89°12'18" west 200 feet to the TRUE POINT OF BEGINNING; thence continuing south 89°12'18" west 163.63 feet; thence southerly parallel with the east line of said Government Lot, 190.7 feet; thence easterly at right angles to said east line 163.63 feet; thence northerly parallsi with the east line of said Government Lot to the TRUE POINT OF BEGINNING; PARCEL B: That portion of Government Lot 2 in Section 14, Township 21 North, Range 3 East, W.M., in King County, described as follows: Beginning at a point along a line which is north 00°37'31" west 255.2 feet northerly of the southeast corner of Government Lot 2; thence wsataHy along a line which is south 89°12'18" west 346.8 feet; thence northerly along a line which is north 00°37'31" west 133.8 feet; thence east®dy along a line which is north 89°12'18" east, 346.8 feet to the east line of Government Lot 2 which ia south 00°37'31" east to the point of beginning; EXCEPT the east 245.0 feet thereof. 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, ORIGINAL 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 exam(se 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 s condition similar to its condition prior to such work. Following the installation of the Facilities, Grantor may undertake any ordinaw 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 use the Easement fo~ any purpose not inconsistent wi~h 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 end 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. Succeseom and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, h~s a~nd assigns. ~ GRANTOR Nathan G. Allan Shannon M. Allen By~ By (signature) ~_~ ~(signature) (name) (name) (title) (title) APPROVED AS TO FORM: ~_.~,/Dondi K~dell, City Attorney 2 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) tOhnet~i~lidv~c~u~r:ss~r~lJ:c~il~a imdn abenc~°rwe~~ ~-?r'e~~n oa~t'~ swol~e t~tk~/v~et/~he~yy executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein m~tioned. (typed/printed n~'me of notary) Notary Public in and for th~S?t~e ~f W~gton. My commissionexpires 0 1~- , ,