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AG 98-097 ER WAY LAW DEPARTMENT RE~IUEST FOR CONTRACT PREPARATION/DocUMENT REVIEW/SIGNATU_[~E ROUTING SLIP 2. O.,O,,~AT,NO STAF.F. PE.BO.: DATE REGI. BY: 4. TYPE OF DOCUMENT REGUEBTED (CHECK ONE)'. I~ PROFEBBIONAL BERVICEB AGREEMENT [] I~AINTENANCE~LABOR AGREEMENT [] PUBLIC WORKS CONTRACT ~ B~ALL PUBLIC WORKS CONTRACT REAL ESTATE PURCHASE & BALES ABREEMENT TYPE OF PERSON OR ENTITY (CHECK ONE):  INDIVIDUAL ~ ~OLE PROPRIETORSHIP STATE= TAX ID~/BB~: ~ PARTNERSHIP ~ CORPORATION [] IqECURITY DOCUMENT [] CONTRACTOR GIELECTION DOCUMENT ILO., RFB, RFP, RIr~l) [] CONTRACT AMENDMENT AG#.' ~THER SIGNATURE NAME; TITLE; SCOPE OF WORK= ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK~ INCLUDING COMPLETION DATES FOR EACH PHASE OF WORK AND LOCATION OF WORK. 8. TERM: COMMENCEMENT DATE= COMPLETION DATE; 9. TOTAL COMPENSATION; $ (INCLUDES EXPENSES AND SALES TAX, IF ANY) REIMBURSABLE EXPENBES; [] YES [] NO IF' YES~ MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED? [] YES [] No IF' YES~ S PAID BY: [] CONTRACTOR [] CITY I O. SELECTION PROCESS USED (CHECK ONE)= [] REI~UEBT fOR Bios [] REC;IUEST F'OR ~IUOTES 0 REC~UEBT FOR PROPOBALB [] RE(~UEST FOR ~IUALIFICATIONB [] ARCHITECT & ENGINEER LIST [] ~IMALL WORKS ROBTER 11. 12. (ALL OONTRA~TI [XgEPT AMKNOMENTII ~ABIN~ INITIAL/DATE APPROVED C O NTRACT S I G NATU R E R O UTI N G I hUr~IAL/DATE APPROVED ~'"I~IIGNED COPY BACi(~TI3. ORiG~A~G DEPT. COMMENTS REOEIVED FEDEif~L WaY..PUBIAC V//)RKS ADMINlb-'T~ .i0~g~ted By: Wl~n ~ Mail To: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATrN: Marwan Salloum PERMANENT AND TEMPORARY CONSTRUCTION EASEMEWr AND AGREEMENT REGARDING SUP. FACE WATER FACILITIES Grantor(s): GRACE E. MOBERG, as her separate estate Grantee(s): C1TY OF FEDERAL WAY Property Legal Description (abbreviated): Lot 17, State Plat in Section 16, T 21 N, R 4 E, WM. Entire Legal Description indicated below. Easement Legal Descriptions: That portion of Lot 17, 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#(s): 797820-0085 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, Grace E. Moberg, as her separate estate, ("Grantor") grants conveys, and watrmts 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: Lot 17, 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, Records of King County, Washington. 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 all surface water facilities ("Facilities"). 1 ORIGI , L 2. Access. Grantee shall have the right of access to the Easement over and across the Property to enable the Grantee to exercise its rights 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. Obs~rucfiom; Landscaping. Grantee may remove vegetation, non-marketable trees, or other obstructions within the Easement, and may level and grade the Easement to the extent reasonably necessary to cany out the purposes set forth in paragraph I 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, C~rantor 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 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 fifteen (15) feet of the Easement. 5. Other Agreements. Grantor and Grantee, in addition to the agreements above, agree as follows: a. Detention Credit Grantee shall provide stormwater detention credits to the Property. Such credits shall apply to the first development of the Property following execution 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 right to use the 100-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 0.58 acres. e. Maintenance. The Grantee shall be responsible for the future maintenance of the Easement. f. Modification ofEasement ff 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. 2 6. Suc~or~ ~md Assigm. The fights and obligations of the parties shall inure to the benefit of and be binding on their respective successors in interest, heirs and assigns. GRANTOR GRACE E. MOBERG ~3race ~. Moberg APPROVED AS TO FORM: STATE OF WASI-HNGTON ) ) SS. COUNTY OF KING ) On this day personally appeared before me, Grace E. Moberg, to me know to be the individual described in and who executed the individual described in and who executed the foregoing instnunent, and on omta swore lhat she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. Given my hand and official seal this /Cf~dayof f~//~(i ,19~7'c; Notary ,Signature Printed Name Notary Public in.and for the State of Washington residing at 'c~ C~.~'"'~d~ O'V(dd.P~ , (,~//4-- My commission expires [ O,J~ ~ /r~ c/ 3 WEST HYLEBOS TRIBUTARY 0014C STREAM 100-YEAR FLOODPLAIN EASEMENT DESCRIPTION PARCEL ~797820-0085 THAT PORTION OF LOT 17, 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 SOUTHEAST CORNER OF SAID LOT 17; THENCE NORTH 88° 15'59" WEST ALONG THE NORTHERLY MARGIN OF SOUTH 333RD STREET, 201.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88° 15'59" WEST ALONG SAID MARGIN, 53.65 FEET; THENCE NORTH 08° 07'35" EAST, 15.30 FEET; THENCE NORTH 47° 07'52" EAST, 113.00 FEET; THENCE NORTH 26° 03'16" EAST, 84.07 FEET; THENCE NORTH 55° 17'22" EAST, 114.33 FEET; THENCE SOUTH 85° 35'29" EAST, 43.91 FEET TO THE WESTERLY MARGIN OF 20TH AVENUE SOUTH; THENCE SOUTH 01° 11'49" WEST ALONG SAID MARGIN, 24.83 FEET; THENCE SOUTH 19° 47'29" WEST, 46.46 FEET; THENCE SOUTH 30° 27'38" WEST, 69.19 FEET; THENCE SOUTH 41° 20'05" 'WEST, 99.33 FEET; THENCE SOUTH 72° 28'55" WEST, 93.44 FEET TO THE POINT OF BEGINNING. PAGE 1 OF 1 I PARCEL I~797880-0480 PARCEL f~797880-0085 LEIT17 ~ STATE PLAT o o 41-30/3~. ~ CD CD ~ WEST HYLEBOS TRIBUTARY 0014C STRE_AN_ o_ IO0-YEAR FLOODPLAIN EASEMENT . ; I S, 333RD ST, ACAD No, iS00EXHi-i00 Pr-epcot'ed by EXHIBIT MAP E A F! T H T E C SHOWING 720 S, ,.335 St. Ste.200 Federal Way, WA 98005 PARCEL NO. 797820-0085 206 838-62o2 e-8-97_