AG 97-167 - JUSTICE, MADELEINE
OATE IN:
DATE OU'"
CITY OF FEDERAL WAY W DEPARTMENT
RE~UEST FCR CCNTRACT PREPARATICN/DcCUMENT REVIEW/SIGNATURE RCUTING SLIP
1. ORIOINATINGOEPT./OIV.: ~~~C.:-,\~~.
2. ORIGINATING STAFF PERSO~'\.-'L- ,,')¡~~~ EXT~ 3. DATE REQ. By:
4. TYPE CF DOCUMENT REQUESTEC (CHECK CNE):
0 PRD,ESSIDNAL SERVICES AI>R££MENT
0 MA'NTENANCE/LABOR AI>REEM£NT
0 PUBLIC WORKB CDNTRACT
0 SMALL PUBLIC WDRKB CDNTRACT
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0 9ECURITY DDCUM£NT
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0 PURCHA.E AI>RUMENT
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0 CDNTRAGTDR SELECTIDN ODCUMENT
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~DNTRACT AMENDMENT AG#:
EABEMENT
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TYPE OF PERsON OR ENTITY (CHECK CNE):
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Ô'l-ARTNERSHIP 0 CDRPORATIDN
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TITLE:
7. SCOPE OF WORK: ATTACH EXHlslT A' A COMPLETE AND CETAILEC CESCRIPTION CF THE SERVICES CR SCOPE CF
WORK, INCLUCING COMPLETICN DATES f'CR EACH PHASE CF WCRK AND LOCATION Of' WCRK.
B. TERM: CCMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION: $ !INCLUDES EXPENSES AND SALEs TAX, IF ANY)
II. CA.CU~TEO ON HOUO.T ~oga CHAOO<' An". .C'<OU~. O. <H..OTU. TOT." AN. HOUO.' RAT",
REIMSURSABLE EXPENSEs:
DYES
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IF YES, MAXIMUM DCLLAR AMCUNT: $
Is SALES TAX OWED?
0 YES
0 No
If' YES, $
PAID BY:
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OCITY
10. SELEGTICN PRCCEsS USED (CHECK CNE):
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0 REQUEST FDR PRDPDSALS
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11'C~REVIEW
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INITIAL/DATE ApPROVED
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INITIAL/DATE ApPRCVED
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Recording Requested By:
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When Recorded Meil To:
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CITY OF FEDERAL WAY
33530 1ST WAY SOUTH
FEDERAL WAY, WA 98003
ATTN: David Renstrom
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EASEMENT FOR SURfACe WATER FACILmeS
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Grantor (sl:
Justus, Madeleine, on her own behelf and as personal representative for the Estate of
George R. Justus
Grantee (s): CITY OF FEDERAL WAY
Property Legal Description (abbreviated): Parcel 9074, SW 1/4, 29-21-4 W.M..
Ease\nent Legal Description: Entire Legal included as Exhibit A.
Assessor's Tax ParceIID#(s): 2921049074
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B
RECITALS
A. Madeleine Justus, a single woman, and the Estate of George R. Justus ("GrantorsS), are the ownars of
property located in King County, Washington !"the Property°l, and legally described as follows:
BegiIV1ing at a point where a line 250 feet South of and parallel with the North line
of the South helf of the Southwest quarter of Section 29, Township 21 North,
Range 4 East of the W.M. intersects the Westerly right of way line of State
Highway 99: thence South 89° 44' 25" West along said parallel line 1117,90 feet;
thence South 0° 49' 25" West 629,20 feet: thence North 89° 47' 25" East
745.00 feet to the Westerly right of way line of said Highway 99; thence North
31 ° 10' East along said Westerly right of way line 738.00 feet to the point of
beginning; constituting 13.46 acres, more or less, situated in the County of King,
State of Washington.
The West Fork of Hylebos Creek flows across pert of the Property.
B. The City of Federal Way ("City") is a Washington municipal corporation. As part of its exercise of its
municipal authority, the City wishes to implement the West Fork Hylebos Creek Rehebilitation Project, to
improve fish habitat and/or reduce bed and bank erosion in the West Fork of Hylebos Creek. The
Rehabilitation Project consists of the following elements: (a) clearing of existing invasive and/or noxious
streamside vegetation including but not limited to himalayan blackberry and japanese knotweed; (b)
planting of suitable native plant species intended to shade the stream and to improve terrestrial riparian
habitat;/c) grading of some portions of the stream bank to reduce the slope; Cd) the creation of stream bed
features including rock weirs, rock cascades, rock deflectors, turning rocks, root wads and logs, and rock
armoring; and (e) placement of vegetative bank stabilization measures including herbaceous ground covers,
rooted stock, live stakes, faseines, brush mattresses, and brush layers. The Project is more specifically
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described in the May 23, 1 997 Construction Plans and Documents, entitled West Fork Hylabos Creek
Rehabilitation, prepared for the City by Earth Tech, Inc. and incorporated by reference harein.
C. To resolve issues of access, maintenance of the stream chaMSI and landscaping, and restoration of
property the City and the Grantors hereby enter into the foUowing easement agreement and covenants.
EASEMENTS AND COVENANTS FOR SURFACE WATER FACIU11ES
1. ~. For and in consideration of One Dollar 1$1 .001 and other valuable consideration, the receipt
of which is hereby acknowledged, the Grantors grant, convey and warrant to the City a perpetual
easement, as legally described in Exhibit A hareto, under, across and over the Property, for all actions
necessary to constNct; monitor and/or inspect; maintain or repair; replace; reconstruct; grade, and/or
excavate stream chaMSI stabilization and habitat improvements, as set forth in the Construction Plans.
WIth the exception of the rights granted in Paragraph 5 below, this easement shall be exclusive to the City.
2. ~. For and in consideration of One Dollar ($1.001 and other valuable consideration, the receipt
of which is hereby ilcknowledged, and in ordlil( to .110'" the City access to the easement granted in
Paragraph 1 above, the Grantors grant, convey and warrant to the City a perpetual easement under, across
and over the existing improved driveway and any parking areas on the Proparty, and over, across, and
under any other area of the Property rnrtuaUy agreed upon by the Grantors and the City, for ingress, egress
and parking.
3. Covenant Concerning Tome and M- of Use of Eaaement. The City covenants and agrees that it will
not enter onto or exercise its rights under the easements granted in Paragraphs 1 and 2 above except at
and for such times for which the Grantors have given prior, written consent; provided, however, the
Grantors shall not unreasonably withhold such consent. The City also covenants and agrees that no
motorized equipment used in performing any work pursuant to rights granted in this easement shall remain
on the Property overnight or over any weekend, without the express written consent of the Grantors.
4. Obstructions; Landscaping. The Grantors cov_nt and agree that the City may from time to time
remove vegetation, 1Jees, or other obstructions within the easement area described in Exhibit A, and may
grade that easement area to the -...t reasonably necessary fulfill tha ConstNction Plans and Documents
described in Paragraph B above. With the exception of such work, landscaping, and grading called for by
the Construction Plans, the City shall, to the extent reasonably practicable, restore the easement area
described in Exhibit A to a condition similar to its condition prior to such work, and promptly repair, to
Grantors' satisfaction, any damage to tha Proparty lother than that called for by tha Construction Plans
and Documents) that may be directly caused by the City, its agents. designees or assigns during tha course
of the work required by tha ConstNction Plans and Documents.
5. Grantor'a Use of~. The Grantors reserve the right to use the easement area described in Exhibit
A for any purpose not inconsistent with the rights provided to the City in Paragraphs 1 and 2. The
Grantors covenant and agree, however, that the Grantors shall not COnstNct or maintain any buildings or
other structuras on the easement area legally described in Exhibit A, other than tha two existing bridge
structures or repIscement of the bridge structurea. and that the Grantors shall not parform grading or other
form of construction activity on the Property which would alter the functioning of any of tha improvements
constructed pursuant to the Construction Plans and Documents. The Grantors further covenant and agree
that they shall not alter/remove native vegetation, whether or not such vegetation is planted by the City,
nor plant any other trees or plants (native or otherwisel, in the area south of tha line between Points A
and D described in Exhibit A attached hereto or in the area north of a line between Points B and C
described in Exhibit A attached hereto, without the prior written consent of the City. In the area north of
the line between Points A and D and south of the line between Points B and C, as described in Exhibit A
attached hareto, the Grantors may perform ordinary, reasonable landscaping and maintenance activities.
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5. IndenvIitlcatlon. Except as limited in Paragraphs 4 and 7 herein, the City agrees to indemnify and hold
the Grantors hermlus from any and all claims arising directly out of the City's performence of the work
called for Construction Plans and Documents.
6. ~ end AssIgns. The rights, obIiQlltions, benefits end burdens described herein shell inure to the
benefit of 8M be binding upon their respective successors in interest, heirs aM 8ssigns, and 8re intended
to and shell constituta ....ments and coveneots running with the lend as described herein.
7. Exception to IndemnlfiC8tlon. Except as provided in Paragraph 5 above, the City assumes no liability
or responsibility, and will not indemnify the Grantors, for inspection, meintanenca, construction,
reconstruction, repeir, repI8cement or any other requirement of the two bridges spenning the creak which
exist at the time of this project, or of any bridges which mey exist in the future.
DATEDTHIS~daYOf ~ ,1997.
GRANTORS
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Tf::E~~*M1.R~,~yJ(;~~ ~ MOh+~~^
Madelaine Justus, persone' representative ~ r't-f~"ftAo"¿t/.
GRANTEE:
By
Approved IS to form:
'ffl- ~. ~ ~ q-¡(fbtitv'fj) ~ ;
Londi K. Undall, City Attorney
[Individual Notaryl
[COIJIMItI Notaryl
STATE OF WASHINGTON
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STATE OF WASHINGTON
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COUNTY OF KING
COUNTY OF KING
On this day personally Ippelred bafore me,
1-Ic.~Iv.(\~ ~\)~-tvS
to me known to ba the individull described in
end who executed the foregoing instrument, and
on oath swore thet she executed the fMegoing
instrument IS her free and voluntary Ict Ind
deed, for the uses and purposes therein
mentioned,
On this dlY personelly Ippeared bafore me
.hilL/¡/) b. ft~~!-/(ef:'
tomeknowntobathe eA;- alT¡ ~
of the City of Federll Wey, a WIshiñgton
Municipel corporltion that executed the
foregoing insbument. and acknowledged the said
instrument to ba the free Ind voluntary Ict Ind
deed of seid corporation. for the uses and
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GIVEN mv hand and oHicial seal this
'--15 davof -.JLJ~ ' ,1997.
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.:"~~Z\\~~",.;\ '. ~~edna~ of'~'urvl
p ":? ~;<:;;.~.J-~I in and for the Stata of Washington.
'~~:':="/,'Y~~'.dì~~n expireað'l-z.ß-<'n
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COUNTY OF KING ,
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purposes therein mentioned, and on oath stated
that he/she was authorized to exacute seid
instrument and that the seal affixed, if any, is the '
corporate seal of seid corporation.
GIVEN mv nd and oHicial seal this
t ,1997.
(typed/printed name of notary)
Notary Public in and for the Stat" of Washington.
Mv convnission expires / ¡///.,.;). a ø ()
On this day personally appeared before me,
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to me known to be the Personal Representative
of the Estate of George R. Justus, and who
executed the foregoing inatNment, and on oath
swore that she executed the foregoing
instrument as the frea and voluntary act and
deed of the Estate of George R. Justus, for the
usas and purposes therein mentioned.
GIVEN my hand and oHicial seal this """~"'.t"
è'è. davof vw ~ ,1997. ~~~":">I\ M ".
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(typed/printed name of notary':: '.,.:' \ -."..., ¡ ;;b,~
Notary Public in and for the State of Washington.', ,p ':- ¿ :.
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EXHIBIT A
EASEMENT DESCRIPTION
PARCEL #292104-9074
SW 1/4, 29-21-04
THAT PORTION OF THE PARCEL REFERRED TO IN THE DEED RECORDED UNDER
RECORDING NUMBER 5 197967, RECORDS OF KING COUNTY, W ASHlNGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE NORTH 88° 38' 00" WEST ALONG THE SOUTH LINE OF SAID PARCEL, 21.55
FEET TO THE TRUE POINT OF BEGINNING;
THENCENORTH02c 59' 49" EAST, 16.86 FEET;
THENCE NORTH 17° 21' 56"WEST,31.56 FEET;
THENCE NORTH 310 45' 46" WEST, 2.54 FEET TO THE END OF THE 5 FOOT ffiGH WIRE
FENCE;
THENCE NORTH 36° 39' 24" WEST ALONG SAID FENCE, 105.51
FEET TO CORNER OF SAID FENCE;
THENCE NORTH 46° 15' 04" WEST, 19,57 FEET;
THENCE NORTH 40° 17' 48" WEST, 11.90 FEET;
THENCE NORTH 20° 08' 47" WEST, 18.31 FEET TO THE WEST CORNER OF THE
BUILDING;
THENCE NORTH 01 ° 47' 00" WEST, 15.29 FEET;
THENCENORTH08c 25' 43" EAST, 11.22 FEET;
THENCE NORTH 24° 07' 00" EAST, 15.66 FEET;
THENCE NORTH 19° 02' 23"WEST, 11.60 FEET;
THENCE NORTH 05° 41' 26" EAST, 9.83 FEET;
THENCE NORTH 07° 01' 13" WEST, 24.00 FEET;
THENCE NORTH 10° 27' 21" EAST, 5.53 FEET;
THENCE NORTH 20° 06' 23" EAST, 13.75 FEET;
THENCE NORTH 12 ° 48' 42" EAST, 45.37 FEET TO POINT A;
THENCE NORTH 21 ° 16' 17" EAST, 8.60 FEET;
THENCENORTH32c 15' 01" EAST, 5.34 FEET;
THENCE NORTH 35 ° 22' 47" EAST, 23.43 FEET;
THENCE NORTH 25° 19' 38" EAST, 30.40 FEET;
THENCE NORTH 21 ° 21' 13" EAST, 38.19 FEET;
THENCE NORTH 07° 01' 27" EAST, 36.53 FEET TO POINT B;
THENCE NORTH 03° 40' 58" WEST, 22.37 FEET;
THENCE NORTH 10° 17' 43" EAST, 4.60 FEET;
THENCE NORTH 26° 32' 30" EAST, 18.64 FEET;
THENCE NORTH 46027' 37" EAST, 68.88 FEET;
THENCE NORTH 35° 03' 56" EAST, 26.03 FEET;
THENCE NORTH 19° 25' 57" EAST, 43.95 FEET;
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THENCE NORTH 06° 16' 26" EAST, 22.45 FEET TO A POINT ON THE NORTH LINE OF
SAID PARCEL, SAID POINT BEARS NORTH 88c 40' 03" WEST, 364.13 FEET FROM THE
NORTHEAST CORNER OF SAID PARCEL;
THENCE NORTH 88° 40' 03" WEST ALONG SAID NORTH LINE, 50.19 FEET;
THENCE SOUTH 06° 16' 26" WEST, 12.36 FEET;
THENCE SOUTH W 25' 57" WEST, 31.32 FEET;
THENCE SOUTH 35c 03' 56" WEST, 14.18 FEET;
THENCE SOUTH 46° 27' 37" WEST, 72.67 FEET;
THENCE SOUTH 26° 32' 30" WEST, 34.56 FEET;
THENCE SOUTH 10° 17' 43" WEST, 17.87 FEET;
THENCE SOUTH 03 ° 40' 58" EAST, 23.82 FEET TO POINT C;
THENCE SOUTH 07° 01' 27" WEST, 25.56 FEET;
THENCE SOUTH 21 021' 13" WEST, 30,17 FEET;
THENCE SOUTH 25° 19' 38" WEST, 16.69 FEET;
THENCE SOUTH 02" 58' 23" EAST, 9.04 FEET;
THENCE SOUTH 25° 43' 46" WEST, 38.03 FEET TO POINT D AT THE EAST CORNER OF
THE BUILDING;
THENCE SOUTH 25° 43' 46" WEST ALONG SAID BUILDING, 20.08 FEET TO THE SOUTH
CORNER OF THE BUILDING;
THENCE SOUTH 25° 43' 46" WEST, 96.77 FEET;
THENCE SOUTH 17c 05' 26" EAST, 15.65 FEET;
THENCE SOUTH 01 ° 20' 02" EAST, 43.98 FEET;
THENCE SOUTH 40° 15' 18"WEST,66.17FEET;
THENCE SOUTH 30C 23' 22" WEST, 41.01 FEET;
THENCE NORTH 81° 57' 17"EAST, 111.99 FEET;
THENCE SOUTH 47003' 33" EAST, 22.87 FEET;
THENCE SOUTH 400 42' 52" EAST, 30,70 FEET;
THENCE SOUTH 290 32' 23" EAST, 23.42 FEET;
THENCE SOUTH 33 ° 27' 40" EAST, 27.61 FEET;
THENCE SOUTH 17°21' 56" EAST, 15.51 FEET;
THENCE SOUTH 02° 59' 49" WEST, 9.30 FEET TO THE SOUTH LINE OF SAID PARCEL;
THENCE SOUTH 88° 38' 00" EAST ALONG SAID SOUTH LINE, 50.02 FEET TO THE TRUE
POINT OF BEGINNING AND CONTAINING 40,787 SQUARE FEET.
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