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AG 96-128 OAT 'IN: I ~b- 014' g REc;lUEST FOR CITY OF" F"EDERAL WAY LAW DEPARTMENT CONTRACT PREPARATION/DoCUMENT REVIEW/SII3NATURE Ro . 1. ORIGINATIN" DEPT.(Dlv" 2. ORIIJINATIN" STAF"F" PERSON: tv! ,....",......j o" ExTI Y.o.4 3. DATE REI;. Bv: ~ 4. TYPE OF" DOCUMENT REIOUESTED (CHECK ONEI: 0 PRO..ESSIONAL SERVICES AIJREEMENT 0 MAINTENANcE/LABeR AIJREEMENT 0 PUBLOC WORKS CONTRACT 0 SMALL PUBLIC WeRKS CONTRACT (Ln. THAN "',DDDO 0 SECURITY ODCUMENT <c.,.. A.....eNT .. 'e."HA'N ..ND: A..'.NoeNT .. <UNO. 'N LOCU .. ..NDO 0 CeNTRACTeR SELECTleN DeCUMENT <c.." "', R... R'"O ~o AMENDMENT A"#: EA"M HER 0 PURCHASE AIJREEMENT 'HAn"'L., BuT'L,n, E.u..oeNTO 0 REAL ESTATE PURCHABE ... SALEs AIJREEMENT 5. PROJECT NAME:.fô 3f)~-P;- t'l'ð lo"t~ 61õr~jR. flc t 17 Rv.J st~'4.P(""t-lq,, ) B, :::.:: ~::-~~ ~ <~ ~.~~ i~ ~ ~~~ :Q. ~ '~=T~~~ 9I ~ ,~t f) ç..-.{ S"l~ - 5 2 2-1 TYPE OF" PERSON OR ENTITY (CHECK ONE): 0 INDIVIDUAL 0 SOLE PRePROETeRSHIP 0 PARTNERSHIP 0 CeRPeRATION STAT"~ TAX ID#(SS#: BI"NATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHISIT A - A COMPLETE ANa OETAILED DESCRIPTION OF" THE SERVICES OR SCOPE OF" WORK, INCLUDIN" COMPLETION OATES F"OR EACH PHASE OF" WORK AND LOCATION OF" WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ "" aALaULAnD .H H.U'LY LA." aHA..e - ATTAaH .aH«u... .. e.'LDm. YoTLCB AND HDU'LT "Tn' REIMSURSASLE EXPENSES: DYES DNo IF" VES, MAXIMUM DOLLAR AMOUNT: .. Is SALES TAX OWEO? 0 YES 0 No 'F" VES, PAID SV: 0 CaNTRA~O C)?:¿ LAt ~ 1 C. SELECTION PReCESS USED (CHECK a ~ mf ~ ð - : L.A' ~ . - ð 0 RE"UEBT ..eR SODS 0 RE"UEBT ..eR l;uoTEs 0 ARCH'TECT ... ENDONEER LOST Of't'ì: ~ ~ ~8 "'i:fÏS'ir. ..eR PRepOSA M.. 2/~;jUEBT ..eR I;UALIF"ICAT'eNS 0 SMALL WeRKS ReSTER at 1 "~~.grMC} AO"..~;~~\ {2.sl~ INITIAL/DATE ApPROVED 0 LAw (::::~R::'T:~I '-t 51! 1) .~ :TT M. ~,A.AJ #If .,~-=='!i:JÇ¡]Ii>CY;" ~,¡.. Ò "" 'N. , 0 PURCHASINIJ A/ H\ ~ø ./ 12. C°'r'RACT SI"'NATURE ROUTIN", . - ~. L/OATE ~"R~VE°C-7 J LAw OEPARTMENT ~..:-~~ (. ( J - ,(", tI( 0 CITY MANAIJER . 7"~ CITY CLERK \.. {b 41J1.r,Jql () vy~ , ( ~~DS:::E:e:: S;Cèíl;-, ~i~fNIJ DEDT. ..OH'NT>.-- ~ . r A--- . c....J C ./. ~ lU-I ~ r;;¡- Þ4-. 'f- t;::z ~ c; ~ ~7I1lðt; (vi t1 ~ WHOTE. a".'NAL nAY. W'TH a.NT'AaT: CANARY, a".'H"'.. .m., OINK - LAW DeOT.. aDLDEN"DD. LAW om. LD... ,".. ""'0 00 00 ~ ~ I'" ~ ~ 0 (,þ ~ ~ iii ~ ! ~ j ~ if I '" '" ... , .... ... = .~ ~ Ae:, qtç, I d- '(? FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: FIRST INTERSTATE BANK OF WASHINGTON, N.A. as Executor of the Estate of Ethel A. Gaudio and Trustee for L. R. Gaudio. MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Marwan Salloum EASEMENT FOR DRAINAGE FACILITIES For and in consideration of One and nol100 Dollar ($ 1,00) and other valuable consideration, the receipt of which is hereby acknowledged, FIRST INTERSTATE BANK OF WASHINGTON, N. A. as Executor of the Estate of Ethel A. Gaudio and Trustee for L. R. Gaudio, ("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: That portion of the Northwest Quarter of the Northeast Quarter of Section 29, Township 21 North, Range 4 East, Willamette Meridian in King County, Washington, lying South of the South margin of South 356th Street (Ubo Road) and East of the East margin of Pacific Highway South (State Route No.1). 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 "A", attached hereto and incorporated herein by this reference. 1. Purpose. Grantee and its agents, designees and/or assigns shall have the perpetual, exclusive and permanent right, with reasonable prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect, construct, reconstruct, operate, maintain, repair, replace and enlarge all surface water drainage facilities including, but not limited to, stream bank and channel, underground facilities and/or systems upon and under the Easement, together with all necessary or convenient appurtenances thereto, including without limitation, pipes, catch basins, and manholes ("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, at no cost to the Grantor, may from time to time remove vegetation, trees, or other obstructions within the Easement, including the existing fence, 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 including reconstruction of the existing fence. Following the installation of the Facilities, Grantor may undertake any ordinary and approved 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 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 EXCISE TAX NOT REQUIRED King Co. Records Division B~/:i::'ÆHAI / d . Deputy ORIGINAL perform digging, tunneling or other form of construction activity on the Property, which would disturb the compaction or unearth the Facilities on the Easement, or endanger the lateral support to 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. 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 and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors, heirs and assigns. 7. No Encumbrances. Grantor shall maintain the Easement free of all encumbrances and defects and is prohibited from recording or taking any action which results in the recording of any lien, encumbrance or other defect against the Easement. DATED THIS ~ day of April ,1996. GRANTOR FIRST INTERSTATE BANK OF WASHINGTON, N.A. as Executor of th te of Ethel A. Gaudio and Trustee for L. R. Gaudio B BY:~~~~ (Ij rzJ ~ .... ~ .... ~ 0 ~ ~ Sandra J. Weaver (name) Nancy Jo Pigg Assistant Vice President (title) Assistant Vice President APPROVED AS TO FORM: ~~ I , City Attorney 2 STATE OF WASHINGTON ) ) ss ) COUNTY OF PIERCE On this 16th day of April, 1996, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Sandra J. Weaver and Nancy Jo Pigg to me know to be the person (s) who signed as Assistants Vice President and Trust Officer of First Interstate Bank of Washington, NA, the national banking association acting as Executor and Trustee of the Ethel Gaudio Estate and L. R Gaudio Trust, the Estate and Trust that executed the within foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said national banking association, as Executor and Trustee of the Ethel Gaudio Estate and L. R Gaudio Trust for the uses and purposes therein mentioned; and on oath stated that they were duly elected, qualified, and acting as said officer (s) of said national banking association and that they were authorized to execute the said instrument on behalf of the national banking association, and that the national banking association was authorized to execute said instrument as Executor and Trustee of the Ethel Gaudio Estate and L. R Gaudio Trust. NOTARY P BUC in and for the State of Washington residing atì=ó..e-CS<iV\ú I WA My appointment expires: '-\ - d Ct ,9 {¿¡ aJ aJ 'd' ..... ~ ,-4 'd' 0 ~ (1) 3 Œj Œj ~ ~ £" " ~ 0 tÞ C') EXHIBIT "A" LEGAL DESCRIPTION FOR STORM DRAINAGE EASEMENT THAT PORTION OF THE NORTIIWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN IN KING COUNTY, W ASIDNGTON, LYING SOUTH OF THE SOUTH MARGIN OF SOUTH 356m STREET (LffiO ROAD) AND EAST OF THE EAST MARGIN OF PACIFIC IDGHWAY SOUTH (STATE ROAD NO. I), INCLUDED IN A STRIP OF LAND 40 FEET IN WIDTH, 20 FEET ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE INIERSECTION OF THE EAST LINE OF THE NOR1HWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND THE SOUTH MARGIN OF SOUTH 356m STREET AS SHOWN ON THE RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 9109039009, RECORDS OF KING COUNTY, WASIDNGTON; THENCE ALONG SAID SOUTH MARGIN ON A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS SOUTH 04°56'31" WEST, 256.48 FEET, AN ARC DISTANCE OF 171.87 FEET; THENCE CONTINUING ALONG SAID SOUTH MARGIN SOUTH 56032'53" WEST, 115.35 FEET; THENCE SOUTH 33027'07" EAST, 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL TO SAID SOUTH MARGIN NORm 56°32'53" EAST, 137.67 FEET; THENCE SOUTH 77°16'39" EAST, 114.78 FEET TO A POINT 20.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF THE NOR1HWEST QUARTER 01' THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE PARALLEL TO SAID EAST LINE SOUTH 01°29'41" WEST, 411.62 FEET TO THE SOUTH LINE OF THE NOR1HWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29 AND THE TERMINUS OF TIllS CENTERLINE DESCRlPTION. THE SIDE LINES TO BEGIN ON A LINE THAT BEARS SOUTH 33°27'07" EAST AND NORm 33°27'07 WEST FROM THE TRUE POINT OF BEGINNING AND END ON THE SOUTH LINE OF THE NOR1HWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 29. Page 1 of 2 a:; 'JJ ~ 'f-f r- 'f-f ~ 0 CoO g¡ ~,,~y., ¡- - T-- ~ s.'5 ~:~ "/""--~~'i~~/ - - ' '" '.~"~' .1" ,Á-:/ /- - - "j---l : ~1'~ - ',"," Î Z /'" /' . ;;:; ~~1>./~ /' /' ! ~ ~'f-.TPOB V I I :Z "'., , /" jOg; ~V' I Z~ I I ~g I . ~~ WJ~~ I ¡ '~ I I I i~ I ~~ I ( I i i I I I i I I I j : ~ JJ s '~J2"1r E PARCEL #292104-9003-06 .,' L-"';.,.".- C{;~,.... PARCEL #292104-9090-00 ! I ~ :~ Page 2 of 2