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AG 98-173 ~ ,. 0 ~ ~ " rrJ ~ ~ "" RECEIVED 116- Q'3-(13 RecDrding Requested By Michael D Griffith and Nicholette Griffith SEP 0 4 1998 FEDERAL WAY PUBLIC WORKS ADMINISTRATION DIVISION MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: .Jeff Pratt J~~~ TEMPORARY CONSTRUCTION AND MAINTENANCE EASEMENT Grantor (s): Griffith, Michael D. and Griffith, Nicholette, husband and wife Grantee (s): CITY OF FEDERAL WAY Property Legal Description (abbreviated): Tract 91, Supplemental State Plat in Section 16, Township 21 North, Range 4 East, W.M., Additional Legal indicated below. Temporary Construction and Maintenance Easement Legal Description: That portion of Lot 91, Supplement State Plat Section 16, Township 21 North, Range 4 East. Additional Legal on Exhibit A Assessor's Tax ParcellD#(s):797880c0601 For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, Michael D. Griffith and Nicholette Griffith, husband and wife, ("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: Tract 91, Supplemental State Plat in Section 16, Township 21 North, Range 4 East, W.M., according to plat recorded in Volume 42 of Plats, page 23, in King County, Washington. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property ("Easement") described as follows: Legal Description of Easement attached hereto as Exhibit "A" and as depicted on Exhibit "A-1 "and incorporated herein by this reference. 1. Purpose. Grantee and its agents, designees andlor assigns shall have the right, with prior written 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, all surface water facilities including, but not limited to the contemplated outlet structures, control structures, pipes, catch basins, manholes, retention and detention facilities, ponds, ditches, and all appurtenances thereto ("Facilities"). Written notice will be required prior to entry onto the Property except in the case of an emergency in which case the Grantor shall notify Grantee as soon as practicable following the emergency. Written notice will be deemed received three (3) days after the Grantee mails such notice to Grantor at P.O, Box 6022, Federal Way, Washington 98063, 1 @ a !å 8 ;¡ ~ \ , $ % ~ 2. Access, Grantee shall have the right of access to the Easement with prior written notice to the Grantor. Grantee agrees to repair or replace, at Grantee's cost, all damage, direct or indirect, to improvements on the Property, seen or unseen, occurring while accessing the Property, andlor resulting from the work activities or effect of the work on the Property. No equipment shall access the Property without the prior written approval of the Grantor. 3. Obstructions; Landscaping. Grantee may 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 installation of the Facilities, Grantee shall restore and replace to a condition substantially equal to that which existed before the work was commenced to the extent it is practical to do so. 4. Temporary Construction Easamant. Said temporary construction easement shall remain in force during construction and until such time as the Facilities have been completed and accepted for operation by the Grantor, but in any event no later than one year after the start of construction. Following the expiration of the temporary construction easement, Grantee may continue to access the Easement for all maintenance and repair purposes, after notice to Grantor as described in paragraph 1 of this Easement. 5, Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns, ,0 '" ~ ... rrJ N r- ~ (f) 6. Laws and Regulations. Grantee agrees to comply with all federal, state, and local laws and regulations concerning the handling of and/or working around waterflow, wetlands areas, groundwater, waterways, and streams. Grantee agrees that any Contractor hired by the Grantee to work on the Grantor's property shall be legally bonded (including a performance bond) and insured. 7. Attorneys Faas. In the event either the Grantor or Grantee defaults on the performance of any terms of this Easement or places the enforcement of this Easement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to an award covering their reasonable attorney's fees, costs, and expenses, including appeals. 8. 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 to the extent caused by the negligent acts, errors or omissions of the Grantor. Grantee agrees to indemnify and hold Grantor harmless from any and all claims, demands, losses, actions 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, related to or connected in any way with the work performed, the installation of the Facilities, the materials used, or the effect or result of the maintenance and operation of the Facilities constructed within the Easement. This indemnification and hold harmless of Grantor by Grantee shall include without limitation Grantee holding Grantor harmless from and Grantee being solely responsible for resolving or correcting any and all noncompliance with or violations of applicable local, state and federal laws and regulations (including without limitation permit requirements), which relate to Grantee's duties as set forth in paragraph 2 hereinabove. DATED THIS ~ day of fp<.A / ¡/ ( ,19tf'? 2 0 -"" ~ .-4 CTJ ~ 0 ~ ~ GRANTOR GRANTOR Michael D. Griffith Nicholette Griffith ~ U- ,,/f.J2.jJ g 7 (signature) ~ By," / ' ~Signature) APPROVED AS TO FORM: ~~ By: -=------- ßt mey, Londi K. Lindell [Individual Notary] STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me, Michael D. Griffith and Nicholette Griffith, to me known to be the individual{s) described in and who executed the foregoing instrument, and on oath swore that they executed the foregoing instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal thi~ day of I S (typed/printed name of notary) ~~:~~~~~~i~na~;~::h: ~)aqe!~ ~aShington. K:IPUBWORKIGRIFFIT5,EAS 7-21-98 3 EXHIBIT' A-i' S, 330TH ST, Nil COR. LOT 91 110.18' V':Ì S 88"21'51" E w > <1: I I- a C\J , 0 ~ II:f ... fXJ N .. ~ fXJ a'} ~ 100-VR FLOOD PLAIN EASEMENT TOTAL AREA = 19,146 S.F. N,T.S, TRUE POINT OF BEGINNING / , LOT 91 ~\..p.\ S\p.\~ .\\p.\.. ~",ø' ,,~\..<- ~ Sv,' ,,?,/'2.b. b.'2.~<- ..,¡O\..' PARCEL #797880-0601 ACCESS EASEMENT TOTAL AREA = 2,130 S.F. LOT 92 t ~ TRUE POINT OF BEGINNING LOT I LOT 2 LOT 5 18.74' ~ ; \ 511 COR. LOT 91 EXHIBIT MAP SHOVING 100- YR E '00 W. B,oodway 'OBOO N,E. 81h 51. SIc, 5000 7th f>o~ I.~. Beoch, CA 'OB02-;"J Be"c~c. WA 'BOO; JIO 4'5-444' 206 455-'4'4 FLOOD PLAIN A R TH€) AND ACCESS EASEMENT TEe H 720 5. J" GI. 51'.200 1200 Duponl 51.. 510. 2-B F,d"" Way. WA 'BOOJ Bcmnghom, WA 98225 206 83B-6202 J60 734-J202 ACAD No. 1544EXHl REV. 7-16-98 . " .,:; In od' .-4 íIJ N f'" 0 aJ en EXHIDIT "A" tOO-YEAR FLOOD PLAIN EASEMENT DESCRIPTION mAT PORTION OF LOT 91, SUPPLEMENTAL STATE PLAT IN SECfION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMET'Œ MERIDIAN, ACCORDING TO TIlE PLAT RECORDED IN VOLUME 42 OF PLATS, PAGE23/24, RECORDS OF KING COUNTI, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT TIlE SOUTHWEST CORNER OF SAID LOT 91; THENCE soum 88° 19' 53" EAST ALONG TIlE soum LINE OF LOT 91, A DISTANCE OF 18.74 FEET TO TIIE TRUE POINT OF BEGINNING; . TIlENCE NORTH 00° OS' 08" EAST, 9.92 FEET; TIlENCENORTH 03D 30' 22" EAST, 8.46 FEET; THENCE NORTH 04° 54' 09" EAST, 6.05 FEET; THENCE NORTH 23D 30' 48" EAST, 4.32 FEET; THENCE NORTH 30° 58' 54" EAST, 6.03 FEET; THENCE NORTH 25D 13' 00" EAST, 3.24 FEET; THENCE NORTH 08° 08' 09" EAST, 8.53 FEET; TIlENCE NORTH 10D07' 54" EAST, 14.70 FEET; TIlENCE NORTH 06° 00' 48" EAST, 9.87 FEET; THENCE NORTH 13° 42' 59" EAST, 7.27 FEET; TIlENCE NORTH 24D OS' 26" EAST, 8.87 FEET; TIlENCE NORTH 22° 57' 49" EAST, 8.02 FEET; TIlENCE NORTH 22D 32' 06" EAST, 7.65 FEET; TIlENCE NORTH 31D 23' 28" EAST, 8.27 FEET; TIIENCE NORTH 33° 58' 40" EAST, 10.18 FEET; TIlENCE NORTH 24D 33' 57" EAST, 15.34 FEET; TIlENCE NORTH 25° 35' 50" EAST, 17.96 FEET; TIlENCE NORTH 19° 59' 46" EAST, 6.05 FEET; TIlENCE NORTH 06° 35' 12". EAST, 4.51 FEET; TIlENCE NORTH lID 23' 16" EAST, 15.73 FEET; TIlENCE NORTH 10° 41' 32" EAST, 9.29 FEET; TIlENCE NORTH 26D 34' 53" EAST, 3.47 FEET; TIlENCE NORTH 16° 42' 38" EAST, 1.80 FEET; TIlENCE NORTH 29D 45' 45" WEST, 1.39 FEET; TIlENCE NORTH 64° 02' 30" WEST, 7.48 FEET; TIlENCE NORTH 63D 27' 04" WEST, 6.17 FEET; TIlENCE NORTH 07° 07' 48" EAST, 1.39 FEET; TIlENCE NORTH 49D 06' 21" EAST, 6.84 FEET; TIlENCE NORTH 33D 42' 32" EAST, 2.49 FEET; 1 OF 3 0 u-, 'd' .... .l7) ~" 0 ( :J ~ THENCE NORm 05° 24' 40" EAST, 23.82 FEET; THENCE NORm OlD 58' 35" EAST, 15.00 FEET; THENCE NORm 10° 07' 54" EAST, 4,90 FEET; THENCE NORm IIO 41' 51" WEST, 5.10 FEET; THENCE NORm 36° 02' 48" WEST, 9,38 FEET; THENCE NORm 12D 33' 09" WEST, 26.07 FEET; THENCE NORm 06D 29' 15" WEST, 7.63 FEET; THENCE NORm 04° 52' 05" EAST, 8.13 FEET; THENCE NORm 22° 15' 48" EAST, 8.19 FEET; THENCE NORm 24° 24' 53" EÁST, 18.35 FEET; THENCE NORm 33D 57' 45" EAST, 10.80 FEET; THENCE NORm 25D 59' 25" EAST, 14.95 FEET; THENCE NORm 27° 22' 59" EAST, 7.92 FEET; THENCE NORm 24D 52' 45" EAST, 15.57 FEET; THENCE NORm 13D 29' 24" EAST, 25.87 FEET; THENCE NORm 26D 34' 53" EAST, 4.62 FEET; THENCE NORm 35D 36' 50" EAST, 28.25 FEET TO A POINT ON THE SOUTH MARGIN OF SOUTH 330m STREET, ACCORDING TO SAID PLAT RECORDED IN VOLUME 42 OF PLATS, PAGE 23/24, RECORDS OF KING COUNTY, WASIllNGTON, SAID POINT BEING IIO.18 FEET FROM THE NORTIIWEST CORNER OF LOT 91; THENCE SOUTH 88°21' 51" EAST ALONG SAID SOUTH MARGIN, 19.50 FEET; THENCE SOUTH 01° 38' 09" WEST, 9.94 FEET; THENCE SOUTH 18D 26' 50" EAST, 5.85 FEET; THENCE SOUTH 20° 20' II" EAST, 4.84 FEET; THENCE SOUTH 03D 00' 54" WEST, 6.40 FEET; THENCE SOUTH 13° 47' 28" WEST, 9.18 FEET; THENCE SOUTH 08D 01' 58" WEST, 13.25 FEET; THENCE SOUTH 12D 53' 02" WEST, 12.08 FEET; THENCE SOUTH 22D 08' 29" WEST, 20.99 FEET; THENCE SOUTH 17D 15' II" WEST, 10.21 FEET; THENCE SOUTH 19° 59' 46" WEST, 11.81 FEET; THENCE SOUTH 27D 53' 19" WEST, 19.79 FEET; THENCE SOUTH 20D 56' 17" WEST, 24.49 FEET; THENCE SOUTH 31D 43' 02" WEST, 1l.25 FEET; THENCE SOUTH 35° 33' 25" WEST, 8.68 FEET; THENCE SOUTH 15D 57' 22" WEST, 3.67 FEET; THENCE SOUTH 08D 53' 13" EAST, 5.45 FEET; THENCE SOUTH 45D 0 I' 13" EAST, 4.28 FEET; THENCE SOUTH IIo 51' 40" EAST, 27.84 FEET; THENCE SOUTH 15D 32' 04" EAST, 12.57 FEET; THENCE SOUTH 05D 21' 35" EAST, 5.41 FEET; THENCE SOUTH 20D 39' 16" WEST, 8.60 FEET; THENCE SOUTH 00° 00' 00" EAST, 10.43 FEET; THENCE SOUTH lID 32' 33" WEST, 8.41 FEET; THENCE SOUTH 09° 52' 22" EAST, 3.93 FEET; 2 OF 3 0 ~ 'd" ,... a:; ~ 0 a:; g) THENCE SOUTH 13° 25' 52" EAST, 15.22 FEET; THENCE SOUTH 1I0 46' 35" EAST, 8.25 FEET; THENCE SOUTIf 07D 49' 15" EAST, 8,66 FEET; THENCE SOUTIf 04° 07' 50" EAST, 16.36 FEET; THENCE SOUTIf 02D 16' 39" EAST, 17.15 FEET; THENCE SOUTIf 06° 16' 04" EAST, 13.87 FEET; THENCE SOUTH 03° 04' 07" WEST, 9.43 FEET; THENCE SOUTH 06° 14' 47" WEST, 10,83 FEET; THENCE SOUTIf 05° 04' 59" WEST, 7.60 FEET; THENCE SOUTH 24D 11' 39" WEST, 9.03 FEET; THENCE SOUTH 20D 07' 58" WEST, 18.09 FEET; THENCE SOUTH 25° 00' 13" WEST, 15.57 FEET; THENCE SOUTIf 22° 47' 49" WEST, 9.12 FEET; THENCE SOUTIf 14° 02' 45" WEST, 11.10 FEET; THENCE SOUTH 11°47' 52" WEST, 8.23 FEET TO THE SOUTIf LINE OF LOT 91; THENCE NOR1H 88° 19' 53" WEST ALONG SAID SOUTIf LINE, 63.32 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 19,146 SQUARE FEET. TOGETHER WITH AN ACCESS EASEMENT, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTIlWEST CORNER OF SAID LOT 91; THENCE NOR1H 01° 11' 49" EAST ALONG THE WEST LINE OF LOT 91, A DISTANCE OF 126.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH OlD 11' 49" EAST ALONG SAID WEST LINE, 31.62 FEET; THENCE NOR1H 72° 45' 39" EAST, 74.43 FEET; THENCE SOUTIf 26D 34' 53" WEST, 1.35 FEET; THENCE SOUTH 10° 41' 32" WEST, 9.29 FEET; THENCE SOUTIf 11° 23' 16" WEST, 15,73 FEET; THENCE SOUTIf 06° 35' 12" WEST, 4.51 FEET; THENCE SOUTIf 19° 59' 46" WEST, 3.62 FEET; THENCE SOUTH 72D 45' 39" WEST, 67.59 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 2,130 SQUARE FEET. .5'"- 4-'113 3 OF 3 t KING COUNTY RECORDS AND ELECTIONS' CUSTOItER RECEIPT t: 09/02/98 123 CASIIIER:RC 09/02/1998 08:51:30 EI.3b2S. ND PROCES 2.00 CASH 2.00 Total of Pay.ents 2.00 I KING COUNTY RECORDS AND-ELECTIONS 226 DOCUMENT RECORDING RECEIPT CUSTOHER RECEIPT t: 09/02/98 149 CASHIER:RC Recording Nuober Tioe Type TrK Aoount 980902-0781 09:11:19 NO R£CORD 10.00 Total Receipt Charges: 10.00 Pay.ents: Type Checl< or Ateo""t Nalt Aooont CASk 10.00 í otal of Pay.ents 10.00 O"',>"":",';i;:\\',:¡Wftt!r(¡¡