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AG 98-057Return Address City, State Document Title(s) (or transaedons con~ed therein): 2. 4. Releren~e N,,mber(~) of Document~ ~i~ed or rele~ed: (on page .-- of do~tments(~)) 3. 4. 5. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1. 2. 3. 4. 5. Additional names on page //~- of document Legal description (abbreviated: i.e. lot, block, plat or,section, township, range) _.~.~), Additional legal is on page /~.,I/,~ rr- ofdommtent :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................... The Auditor/Recorder will rely on the information provided on the form. The ~ will no* read tile document Io verify the accuracy or completeness of the indexing information provided herein. WASHINOTON s'rATE COUNTY AUDITOR/IUECORDER'S INDEXINO FORM (Covey Form 7265-2 ORIGINAL Recording Requested By and When Recorded Return to: City of Federal Way Attn: Kathy McClung 33530 1st Way S. Federal Way, WA 98003 PERMANENT LANDSCAPE EASEMENT A. Eugene Loher Trust ("Owner") is an in,vocable trust created for the benefit of Eugene Loher, and is the current owner in fee of that certain parcel of land legally described as the Benefited Property ("Parcel A"). Owner also currently owns that c~tsin parcel of land, adjacent to Parcel "A", legally described as the Burdened Property (''Parcel B'). B. Owner has applied for approvals from the City of Federal Way ("City"), to construct parking lot improvements and to otherwise improve Parcel "A". As part of Owner's application to the City, the City is requiring that Owner establish a Permanent Landscape Easement for a 7 % foot landscape buffer to benefit Parcel "A" and burden Parcel "B" ("Easement"). NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, Owner hereby willfully grants, acknowledges, covenants, agrees, and consents as follows: 1. Legal Description of Benefited and Burdened Property. a. Benefited Property CA'') 30412 pacific Highway South, otherwise known as that portion of the North ½ of the North ½ ofthe Northwest 1/4 ofthe Northwest 1/4 of Section 9, Township 21 North, Range 4 East, W'dlamette M~dian, lying east of State Road No. 1. (Complete legal description on Exhibit "A" attached hereto). b. Burdened Property ("B") 1651 South 304th Street, otherwise known as that portion of the North ~ of the North ~ of the Northwest 1/4 of the Northwest 1/4 of Section 9, Township 21 North, Range 4 East, W.M. in King County, Washington. (Complete legal description on Exhibit "A" attached hereto). Legal Description of Permanent Landscape F~asement The south 95.34 feet of the west 7.5 feet of that portion of the northwest quarter of section 9, township 21 north, range 4 east, w.m., in King County, Washington, described as follows: Beginning on the nor, h line of said section 144.6 feet east of the east margin of state road 4/1; thence south 205.6 feet; thence east 183 feet; thence north to the north line of said section 9; thence west to the point of beginning; less county roads. 3. Grant of Ensement. The Owner grants the Easement to be recorded against Parcel '~" for the benefit of Parcel "A"for the purpose of a landscape buffer. Owner of Parcel "A" and its assigns shah have the right, without prior notice to the owner of Parcel "B", to use said Easement for the sole purpose of constructing and maintaining a landscape buffer, as required by the City and to the City's satisfaction. 4. Owner's Use of Easement. This Easement shall be exclusive to the owner of Parcel "A'; provided, however, the owner of Parcel "B" may use the Easement for any purpose not inconsistent with the fights of the owner of Parcel "A". The owner of Parcel "B" shall not perform any digging, tunneling or other form of construction activity on the Easement without the prior approval of the City and shah not conduct any landscaping activities on the Easement unless in compliance with the Federal Way City Code and with the written approval of the owner of Parcel "A'. 5. Indemnification. The owner of Parcel "A" and the owner of Parcel "B" agree to indemnify and hold the City 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 and/or its use. 6. Successors and Assign~ 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. The owner of Parcel "A" shall, at its own expense, record this Permanent Landscape Easement against Parcel "B", with instructions that the original be returned to the City. The owners of Parcels "A" and "B" also covenant and agree to include an explicit reference to this document (by date, title, and King County Auditor's File No.), and/or a copy of this document, in all instruments conveying future interests in Parcels "A" and/or "B". \ day orS. r, OWNER EUGENE LO UST, evoc trust By: ficiary STATE OF WASHINGTON ) )ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this I ~- day oflqz~mlm~_~ 1997, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared Eugene Loher, to me known as the Owner, the Trustee that executed the within and foregoing instrument, and acknowledged the ~id instrument to the free and volunta~ act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said partnership. WITNESS my hand and official seal the day and year certificate first above written. t~t L- ~'rYIO3~F (Print Name) Residing at /(~64~ ~£~CD'b) My appointment expires EXHIBIT A -" Parcel "A" - Benefited Property of Section 9. a dimtenc~ of 144.6 feat; Burdened Property ~ Parcel "B" - ~lo~hweBt 1/4 of tha Northwest 1/4 of Section 9, North, ~ange 4 Eant, W.M.. in King County, Wa~hf~gton dO~c~ibud n~ follow~: ~uginning on th~ North=fly line of said Eautorly lln~ of State Road No. 1; Su~,th~rly line of uat~ ~ubdivi~ion 18~. O0 ~~~~ ~-~=' ~' ~'