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AG 98-096 CITY'~IF' I:/EDERAL WAY LAW DEP ?ME -- F~E~IUECIT FOR CONTRACT PREPARATION/I~OCUhlENT REVIEW/SIGNATURE F~OUTING qLIP ORIGINATING STAFF PERSON= ~1~ ~ TYPE OF DOCUMEHT REGIUESTED (CHECK OHE): ~ PROF~ffiBION~L ~ERVlC[8 AGRE(HENT ~ ~AINTENANC~BOR A~REEH(NT 0 PUBLIC WORKS CONTRACT 0 ~ALL PUBLIC WORKffi CONTffiACT EXT: ~ 3. DATE RE(ii, BY: J--~ C~ECURITY DOCUMENT [] CONTRACTOR SELECTION DOCUMENT 0 CONTRACT AMENDMENT AG#: [] EASemeNT ~ OTH[R TYPE OF PERSON OR F'NTITY (CHECK ONE): [] INDIVIDUAL [] PARTNERSHIP SIGNATURE NAME= TITLE= ?. SCOPE OF WORK= ATTACH EXHIBIT A - A COMPLETE AND DETAILED DEBCRIPTION OF- THE SERVICES OR SCOPE OF WORK~ INCLUDING COMPLETION DATEB FOR EACH PHABE OF WORK AND LOCATION OF WORK. S. TERM: COMMENCEMENT DATE,' COMPLETION DATE: TOTAL COMPENSATION.' $ (INCLUDES EXPENSES AND SALES TAX, IF ANY) REIMBURSABLE EXPENSES; [] YES [] NO IF YES~ MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED? [] YES [] No IF' YES~ $ PAID BY: [] CONTRACTOR [] CITY 1 ri. SELECTION PROCESS USED (CHECK ONE): [] IqEI:~UEST FOR BIDS [] REQUEST FOR [] REC~IUEST FOR PROPOSALS [] REC~IUEST FOR C~]UALIFICATIONS 0 ARCHITECT & ENGINEER LIST [] SMALL WORKS ROSTER 11. 12. COMMENTS Dean W. Moberg. as Executor/Personal Reprm~tafivc for/of thc Estate of Alden E. Mob~r~ When Recorded Mail To: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA ATTN.: Marwan Salloum RE.. HAY O ? 898 FEDERAL WAY PUBLIC WORKS ADMINISTRATfON DIVfSION PERMANENT AND TEMPORAKY CONSTRUCTION EASEMENT AND AGREEMENT REGARDING SURFACE WATER FACILITIES Grantor(s): Dean W. Moberg, as Ex~tor/Personal Representative for/of the Estate of Alden E. Moberg. Grantee(s): CITY OF FEDERAL WAY Property Legal Description (abbreviated): Lot 15, State Plat in Section 16, T 21 N, R 4 E, WM. Entire Legal Description indicated below. Easement Legal Descriptions: That portion of Lot lg, State Plat in Section 16, T 21 N, R 4 E, WM. Entire Easement Legal Description(s) on Exhibits A and B, pages 4 and 6. Assessor's Tax Parcel ID/frs): 797820-0090 For and in consideration of One Dollars ($1.00) and other valuable consideration, including the agreements set forth below in paragraph 5, the receipt of which is hereby acknowledged, Dean W. Moberg, as Executor/Personal Representative for/of the Estate of Alden E. Moberg, ("Grantor") grants conveys, and warrants to the CITY OF FEDERAL WAY, a Washington municipal corporation ("Grantee") for the purposes hereinaRer set forth a perpetual easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: Lot 18, State Plat in Section 16, Township 21 North, Range 4 east, Willamette Meridian, according to the Plat thereof recorded in volume 41 of Plats, page 30/32, Recor& of King County, Washing, tom Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property ("Easement") legally described as follows: Legal Description of easement attached hereto as Exhibit "A" and as depicted on Exhibit "A-l" and incorporated herein by this reference. 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 for the sole purpose to construct, reconstruct, operate, maintain, repair, replace, remove, grade, and excavate aH surfac~ water facilities ("Facilities"). ORIGINAL 2. Access. Grantee shall have thc fight of aec, ess to thc Easement over and across thc Property to enable the Grantee to exercise its tights hereunder by utilizing the improved driveway on the Property or by any other method mutually agreeable to Grantor and Grantee. Grantee agrees to consult with Grantor concerning the access. 3. Obstructions; Landscaping. Grantee may remove vegetation, non-marketable trees, or other obstruetious within the Easement, and may lcvcl and grade the Eascment to thc 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. 4. Grantor's Use of Permanent Easement. This Permanent Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement for any purpose not inconsistent with Grantee's fights; provided further, that Grantor shall not eoustruct or maintain any buildings or other structures on the permanent easement, that Grantor shall not perform any grading or other form of construction activity on the Property, which would alter the function of the Facilities, and that Grantor shall not blast within fi~een (15) feet of the Easement. 5. Other Agreements. Grantor and Grantee, in addition to the agreements above, agree as follows: m Detention Credit. Grantee shall provide stormwater detention credits to the Property. Such credits shall apply to the first development of the Property following exeeution of this Agreement. b. Water Quality Facilities. Development of the Property may require construction of water quality facilities by Grantor, which may be placed in the 100-year floodplain upon obtaining the necessary permits. c. Greenspace/Openspace. The Property shall retain the tight to use the lO0-year floodplain area as a "green" area for any greenspace or openspace required as a consequence of any initial development. d. Floodplain. The Easement envelopes the 100-year floodplain, consisting of approximately 0.72 acres. e. Maintenance. The Grantee shall be responsible for the future maintenance of the Easement. f. Modification of Easement. If the stream is channeled or piped following the issuance of the proper permits therefor, the Easement geometry and size may be modified by mutual written agreement. g. Modification of Construction Plans. The Grantee agrees to modify the project construction plans by deleting the proposed "embedded quar~ spall" cheek dams located within the East Empire Garden Apartments' channel and inserting either splash blocks or tip-rap at the outlet of the culvert under South 333rd Street. 2 Successors and Assigns. Thc rights and obligations o£thc parties shall inure to thc benefit o£ and b~ binding on their respective successors in interest, heirs and assigns. GRANTOR DEAN W. MOBERG, AS EXECUTOR/PERSONAL REPRESENTATIVE FOR/OF THE ESTATE~)F ALDEN E. MOBERO APPROVED AS TO FORM: L/ndcll STATE OF WASHINGTON ) ) SS, COUNTY OF KING ) On this day personally appeared before me, Dean W. Moberg, as Executor (Personal Representative) for/of the Estate of Alden E. Moberg, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he executed thc foregoing instrument as his free and voluntary act and deed for the uses and p~x~ses therein menfionect C~enmyh~d and official~eal this ]~"dayof fi~~, 199~.~ Printed Name Notary Public in and for the State of Washington 3 .... S, 333R? ST, S 88°15'59~ E, 153,31' 1' = 100' EASEMENT AREA = 31,733 S,F, PARCEL ~797880-0090 LOT 18 STATE PLAT 41-30/3B SBUTH GARDEN COURT CONDOMINIUMS VBL, 102/38-41 VOL, 104/67-70 PARCEL ~7978B0-0102 PARCEL ~797820-0104 ACAD No, 1500EXH2-100 EXHIBIT MAP SH~WING PARC[L NO. 797520-0090 Prepared by EARTH TE C H 720 S. 555 St. Ste.200 Federal Way, WA 98005 206 858-6202 8-8-97 WEST HYLEBOS TRIBUTARY 0014C STREAM iO0-¥EAR FLOODPLAIN EASEMENT DESCRIPTION PARCEL #797820-0090 THAT PORTION OF LOT 18, STATE PLAT IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 41 OF PLATS, PAGE 30/32, RECORDS OF KING'COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE SOUTH 88° 15'59" EAST ALONG THE SOUTHERLY MARGIN OF SOUTH 333RD STREET, 153.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88° 15'59" EAST ALONG SAID MARGIN, 163.47 FEET; THENCE SOUTH 52° 33'43" WEST, 130.37 FEET; THENCE SOUTH 63° 04'01" WEST, 106.17 FEET; THENCE SOUTH 46° 46'35" WEST, 53.50 FEET; THENCE SOUTH 33° 34'16" WEST, 94.12 FEET; THENCE SOUTH 21° 02'28" WEST, 96.29 FEET TO THE WESTERLY LINE OF SAID LOT 18; THENCE NORTH O1° 11'49" EAST ALONG SAID WESTERLY LINE, 197.73 FEET; THENCE NORTH 23° 24'19" EAST, 53.52 FEET; THENCE NORTH 56° 11'09" EAST, 162.~47 FEET TO THE TRUE POINT OF BEGINNING. · PAGE 1 OF 1