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AG 97-013 - HANKS, MICHAEL & SHELLEY Dff DATE 0 T:. I /, -'>C ¡ '--" VvVI- c..v.--N CITY OF FEDERAL WAY LAW DEPARTMENT R CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE CIl'Ÿ ATTORNEY ~. 1. ORIGINATING DEPT./Dlv.: . S ^'1 2. ORIGINATING STAF"F" PERSON: 't<\f><\e.W4-~ . ROUTING SLIP EXT:~ 3, DATE RE"'. By: II {, /91 4. TYPE OF" DOCUMENT RE",UESTED (CHECK ONE): 0 PRO'ESSIONAL SERVICES AGREEMENT 0 MAINTENANCE/LABOR AGREEMENT D PUBLIC WDRKS CONTRACT 0 SMALC PUBCIC WORKS CONTRACT 'Ln. THAH .".DDD' 0 PURCHASE AGREEMENT IM.TE.,^~. BuPPun, EDU'PMENT' 0 SECURITY DOCUMENT IE.O.. ...£<MENT . PER'/MAON BOND, A..'ONMENT 0' F"UNO. 'N L'EU a, BOND' 0 CONTRACTOR SELECTION OOCUMENT IE.... .'B, .'P. .'D' 0 REAC ESTATE PURCHASE & SACES AGREEMENT 0 CONTRACT AMENDMENT ~SEMENT 0 OTHER AG#: ADDRESS: TYPE OF" PERSON OR ENTITY (CHECK ONE): -<fÍ'NDIVIOUAC 0 SDCE PROPRIETORSHIP STATE: ~ PARTNERSHIP 0 CORPORATlDN (\t\. ~q<""'^.--",J JCCI~-t-- ~ ",,!ewe 7. SCOPE OF WORK: ATTACH EXHIBIT A' A COMPCETE AND OETAICED DESCRIPTION OF" THE SERVICES OR SCOPE OF" WORK, INCCUDING COMPCETION DATES F"OR EACH PHASE OF" WORK AND COCATION OF" WORK. SIGNATURE NAME: TITLE: B. TERM: COMMENCEMENT DATE: COMPCETION DATE: 9. TOTAL COMPENSATION: $ (INCCUDES EXPENSES AND SACES TAX, IF" ANY) H' CALCU~TEO ON HOURLT ~.aR CHA..E . ATTACH OCHEOU'" 0' EMP'Oym TOTLn AND HOU.LT RATE.' REIMBURSABLE EXPENSES: DYES ONo I' YES, MAXIMUM DOCLAR AMOUNT: $ IS SACES TAX OWED? 0 YES 0 No IF" YES, $ PAID BY: 0 CONTRACTOR OCITY 10. SECECTION PROCESS USED (CHECK ONE): 0 REQUEST F"DR BIDS 0 REQUEST F"OR PROPOSACS 0 REQUEST F"DR QUDTES 0 REDUEST 'DR QUACIF"ICATIONS 0 ARCHITECT & ENGINEER LIST 0 SMACC WORKS ROSTER r-~ ,~ If'{) Jqf¡ d ' IJ \}U' jl fÚZ I ;)'(J31'1 j" 11. COI~;""RACT R~' . B' ""1&rt- D OIRECTOR ~ CAW (ALL CONTRACTS) 0 RISK MANAGEMENT INITIAUDATE ApPROVED 'ALL CONT.AOTO EXCEPT AMENDMeNTS, CONTRAOTCO 8£LECTOON DOCUMENT' 0 PURCHAS'NG 12. CONTRACT SIGNATURE ROUTING I{ CAW OEPARTMENT 0 ~ANAGER I!r"C'TY CLERK INITIAUDATE ApPROVED ~J-- /iXJi()/?I( /7--;;;/,/9 C- 25 0 SIGNED CDPY BACK TO ORIGINATING DEPT. 0 ASSIGNED AG # { 0 PURCHASING: PLEASE CHARGE TO: 3"r.¡-3 \""D -'2.. \ \- ~ 1.:,- '-17...- "-PI 0 COMMENTS ---- -~~,--~ WH'TE - O.'.'NAL oms W'TH CONERAC' CANA.Y - CLe.,.O moo .'NK - CAW CePT. GDLOENRaa - O.'.'NAT'N. s.m LO.9' '.EY .'9" l'- N CO) ~ ~ ~ t\l ""' r.D ~ ~ "" ~ ~ ¡g ~ >- 'i' § ~ :ë <> <> ~ o. ~ ~ ~ ~ '" R6q7-13 FILED FOR RECORD AT REQUEST OF: Michael G Hanks and Shellev S Hank.~ THIS SPACE RESERVED FOR RECORDERS USE: (Applicant's Name) MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 A TIN: Marwan Salloum EASEMENT FOR SURFACE WATER FACILmES For and in consideration of One Dollar ($1,00) and other valuable consideration, the receipt of which is hereby acknowledged, Michael G. Hanks and Shelley S. Hanks, a Married Couple, ("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 proparty (the "Property") located in Federal Way, Washington, legally described as follows: The South 123.401 feet of Tract 87, Supplemental State Plat in Section 16, Township 21 North, Range 4 East, W.M" according to plat thereof recorded in Volume 42 of Plats, pege 23, in King County, Washington; Except the East 135 feet thereof. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property (OEasement") 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, TOGETHER WITH temporary construction easement described as follows: Legal Description of Temporary Construction Easement attached hereto as Exhibit "8" and as depicted on Exhibit "A-1"and incorporated herein by this reference, 1. Purpose. Grantee and its agents, designees and/or assigns shall have the right, with prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Property to inspect, design, construct, reconstruct, operate, maintain, repeir, replace, remove, grade, excavate, and enlarge all surface water facilities including, but not limited to, outlet structures, control structures, pipes, catch basins, manholes, rBtention and detention facilities, ponds, ditches, and all appurtenances thereto ("Facilities"). Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities as it may require, 2. Access. Grantee shall have the right of access to the Easement, without prior writtBn notice, over and across the Property to enable 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. 3. Obstructions; Landscaping. Grantee may from time to time 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 any such work, Grantee shall, to the extent reasonably practicable, restore the Easement to a condition similar to its condition prior to such work, Following the installation of the Facilities, Grantor may undertake any ordinary improvements to the landscaping of the Easement, provided that no trees or other plants shall be pla~dhereon, which would be unreasonably expensive or impractical for Grantee to removêX~S~'NOT f£~~RI:. ~- ORIGii~AL l'- N "" .-4 .-4 "" N .-4 C.l) ~ 4. Grantor's Use of Easament. This Easement shall be exclusive to Grantee; provided, however, Grantor 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 Easement, that Grantor shall not perform grading or other form of construction activity on the Property, which would alter the functioning of the Facilities, end that Grantor shall not blast within fifteen (151 feet of the Easement. 5. Temporary Construction Easament. Said temporary construction easement shall remain in force during construction and until such time the Facilities have been accepted for operation by the Grantor. 6. 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 attomey 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. Grantee agrees to indemnify and hold Grantor, its elected officials, employees, agents, and volunteers 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, or connected with this easement. 7. 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. DATED THIS d~-i.YOf/CleU 'Þ~ , 19Cf1? GRANTOR Michael G Hanks and Shellev SHanks BrfÿS~~ By: ~%lzt~ (signature) Sh¿!Ù-j ~ /YO/ikS (name) ('¡)~OW flU" (title) ('f\\~ ~ ~ ~ ~\k~ ( ame t2:::> LÛ ~)~ (title) GRANTEE CITY OF FEDERAL WAY By: æ~~b~ f Kennet E. Ny erg, city Manager 2 >7a¿~i~< ~ City Clerk, N, Christine Green, CMC APPROVED AS TO FORM:, BY:-~ l~~d¥j~M<] ~ity A orney, Londi K. Lindell £'. N "" ~ ~ '"" N ~ "'" (!) [Individual Notary) STATE OF WASHINGTON ) ) ss, ) COUNTY OF KING On this d y p"ersona~y appeare~ before me, ~d1eu.b (J.A-Jv; tUtci 'HtW1l- to me known to be the individual(s) d cribed in and who executed the foregoing instrument, and on oath swore that he/shelthey executed the foregoing instrument as his/herltheir free and voluntary act and deed for the uses and purposes therein mentioned. J G~V.EN my hl nd and offic;j¡¡J seal this 023'!- ~y of . ~ ~-"L-!19'!..!:- ?-"~~ ~û~ t> '-I..J. "ß UV Ie..., (typed/printed name of notary) Notary Public in and for th)J State 91 Washington. My commission expires 'D - /:J.. - ï ") """"""'" L~~"( J. 8tl:,~ : 4t<c)~~¥ ¡ ~OTARy ~ , -.- ::. ~<!?>.\ PUBLIC ~J " -YA'.".Ð..J2.'!-'!¡----~!?E "~<"a .""",.- .¡j.V> : ," 'F Wpcy.~ .-.:" "'" ,~ .' K '\SWMIPROJE CTS\BELMO RlHANKS.EAS [Corporate Notary) STATE OF WASHINGTON ) ) 59, ) COUNTY OF KING On this day personally appeared before me 1/1/(1" :ð-Kf!/Q/-/7'I...E"¡;:' ,tome known to be the pE/,/7'y (J /7" /;,G £. of C!/TY ¿,? r£;/J ",,?!r'L ¿,),/l-Y , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation, IYEN ~nd and officia) seal this 3 cJ ~y ~~m '~j'1/4.(,: l{~~ ¿~. N, {'./TI?IS/'IA'E ~ £'E;A (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires / (j / /d,¿!ð¿) 3 ~ N ~ ~ ~ ~ N .... ~ ~ EXHIBIT "An PERMANENT DRAINAGE EASEMENT DESCRIPTION PARCEL #797880-0523 BEING A PORTION OF LOT 87 SUPPLEMENTAL STATE PLAT, VOL. 42, PG. 23/24 SEC. 16, T. 21 N., R. 4 E., W.M. THE SOUTH 13 FEET OF THE EAST 12 FEET OF THE PARCEL RECORDED UNDER RECORDING NUMBER 9509281292, RECORDS OF KING COUNTY, WASHINGTON. 1 OF 1 EARTH@T JJ -7-7 -9(" E c H - C/) w > <I ::r:: I- a ru l'- N C") ~ ... M N ~ .r.tI ~ , I' = 20' s, EXHIBIT "A-I" PARCEL #797880-0522 1'2-~ ~ '(;" '2- '?J r¿,1 'v\)\ \;'\ \?'v \;'\'\-- c) :\ \;"v '<f.~'<A \?'vX; ~\§ ~\)'v' PARCEL #797880-0523 REC, #9509281292 TEMPORARY CONSTRUCTION EASEMENT~ ADDITIONAL AREA OUTSIDE THE PERMANENT DRAINAGE EASEMENT = 99 S,F. 17' -~ - iDk"!M 12' . -~ PERMANENT DRAINAGE ~ EASEMENT, TOTAL AREA = 156 sr. 330TH ST, ACAD No, 1454EXH3-20 E EXHIBIT MAP PARCEL NO. 797880-0523 A 720 S. 333 St. 5te.200 1200 Dupont St.. Sle. 2-8 Federal Way. WA 98003 8ellingham, WA 98225 206 838-6202 360 734-3202 R T H T E c H 100 W. Broodway 10800 N.E. 8th 51. Ste. 5000 71h Floar Lang 8each. CA 90802-4443 Bellevue. WA 98004 310 495-4449 206 455-9494 '" (\J In '" I '" aJ aJ 1--" (J'. ..... "" -.J W U C>:: <[ (L 11-7-96 l" iN 1M ~ ~ 1M N .... W en EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION PARCEL #797880-0523 BEING A PORTION OF LOT 87 SUPPLEMENTAL STATE PLAT, VOL. 42, PG. 23/24 SEC. 16, T. 21 N., R. 4 E., W.M. THE SOUTH 15 FEET OF THE EAST 17 FEET OF THE PARCEL RECORDED UNDER RECORDING NUMBER 9509281292, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 13 FEET OF THE EAST 12 FEET OF SAID PARCEL. 1 OF 1 /1-OZ-"74b EARTH@T E c H