AG 96-128 - FIRST INTERSTATE BANK
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REc;lUEST FOR
CITY OF" F"EDERAL WAY LAW DEPARTMENT
CONTRACT PREPARATION/DoCUMENT REVIEW/SII3NATURE Ro .
1. ORIGINATIN" DEPT.(Dlv"
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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
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0 CeNTRACTeR SELECTleN DeCUMENT
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0 PURCHASE AIJREEMENT
'HAn"'L., BuT'L,n, E.u..oeNTO
0 REAL ESTATE PURCHABE ... SALEs AIJREEMENT
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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:
$
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REIMSURSASLE EXPENSES:
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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
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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:~~~~
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Sandra J. Weaver
(name)
Nancy Jo Pigg
Assistant Vice President
(title)
Assistant Vice President
APPROVED AS TO FORM:
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City Attorney
2
STATE OF WASHINGTON
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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 {¿¡
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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.
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PARCEL #292104-9003-06
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PARCEL #292104-9090-00
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