AG 97-031 - D'SILVA, ALBERT C.
RCUTING SLIP
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1. 'tj"'GINAT'NG DEPT./Dlv.:
EI:cDE'RAL WAY
2-CWY"'IM'TOSIIIII5IfM"F PERSON:
EXT: ~ 3. DATE REI;). By: ~\
4. TYPE OF DOCUMENT REI;)UESTED (CHECK ONE):
0 PRO.ESBIONAL BERV'CEB AGREEMENT
0 MA'NTENANCE/LABOR AGREEMENT
0 PUBLIC WORKS CONTRACT
0 SMALL PUBL,C WDRKB CONTRACT
ILE.. THAH ..o,DDD'
0 PURCHABE AGREEMENT
'.AnA'Aco, BuPOu... 'DU,".EHTO
0 SECUR'TV DOCUMENT
IE.... AD.U.EHT . PEA".A'H BDHD: A"'DH.EHT Do 'UHO. 'H LOEU Do eDHD'
0 REAL ESTATE PURCHABE & SALEB AGREEMENT
5. PROJECT NAME: "'-ff'e.-( ('{N;Ç (èÒCl. L ~ 1'r~ l"ß~ Q .-..-r)
8. ::::B:~~R~t~~~~;f -b;1t:o~ PHONE: ZcCø 11~- \.l,~\
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0 CONTRACTOR SELECT'ON DDCUMENT
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0 CONTRACT AMENOMENT AG#:
~ABEMENT
0 OTHER
TYPE OF PERSON OR ENTITY (CHECK ONE):
{)'!í INO'V'DUAL
0 PARTNERSH'P
0 SOLE PROPR'ETORSH'P STATE:
0 CORPORAT'ON
TAX 10#/SS#:
S'GNATURE NAME:
T'TLE:
7. SCOPE OF WORK: ATTACH EXHIBIT A - A COMPLETE ANO DETAILEO DESCR'PT'ON OF THE SERVICES OR SCOPE OF
WORK, INCLUDING COMPLETION DATES .OR EACH PHASE OF WORK ANO LOCATION OF WORK.
B. TERM: COMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION:
$
(oNCLUCES EXPENSES ANO SALES TAX, ... ANY)
". CACCU~TED ON HDUALV ~'DA OHAA.E . mACH OOHEOuLn Do '.PCDm. men AHO HDU.CV _T'"
REIMBURSABLE EXPENSES:
DYES
DNa
IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED?
0 YES
0 No
I. YES, $
PAID BY:
0 CONTRACTOR
0 CITY
1 D. SELECT'ON PROCESS USED (CHECK ONE):
0 RE",UEST mR B'DS
0 REDUEBT mR PROPOBALB
0 REDUEST 'OR I;)UOTES
0 REDUEST "'R I;)UALI,"CATOONB
0 ARCH'TECT & ENG'NEER LoST
0 SMALL WORKB ROSTER
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0 R'SK MANAGEMENT
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IN'TIAL/DATE ApPROVED
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12. CONTRACT SIGNATURE ROUTING
INITIAL/DATE ApPROVED
rl LAW DEPARTMENT
Ò C'TY MANAGER
0 C'TY CLERK
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Recording Requested By
Albert C D'silva
When Recorded Mail To:
CITY OF FEDERAL WAY
33530 1 ST WAY SOUTH
FEDERAL WAY, WA 98003
ATTN: Marwan'Salinum
EASEMENT FOR SURFACE WATER FACILmES
Grantor (s): D'silva, Albert C.
Grantee (s): CITY OF FEDERAL WAY
Property Legal Description: Lot 1, Lakehaven Estates, According to the Plat thereof recorded involume
70 of Plats, page 26, in King County, Washington.
Easement legal Description: The North 20 feet of Lot 1. Entire Legal on Exhibit A
Temporary Construction Easement Legal Description: The South 12.58 feet of the North 32.58 feet of
Lot 1. Additional Legal on Exhibit B
Assessor's Tax ParceIID#(s): 4131!10-0010
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is
hereby acknowledged, Albert C. D'silva, as his separate estate, ("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:
Lot 1, Lakehaven Estates, According to the Plat thereof recorded in volume 70 of Plats,
page 26.
Situate in the County of King, State of 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.
TOGETHER WITH temporary construction easement described as follows:
Legal Description of Temporary Construction Easement attached hereto as Exhibit "BO and
as depicted on Exhibit RA-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, repair, replace, remove, grade, excavate, and enlargs all surface
water facilities including, but not limited to, outlet structures, control structures, pipes, catch basins,
manholes, retention 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.
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2. Access, Grantee shall have the right of access to the Easement, without prior written 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
placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore.
4. Grantor's Use of Easement. 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, and that Grantor shall not blast within fifteen (15) feet of the Easement.
5. Temporary Construction Easement. 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. Additional Compensation. By way of additional compensation for granting of the easement, Grantee shall
provide 4 foot high chain link fence coated with 2 mils of ultraviolet-insensitive plastic constructed along
the northerly easemsnt line.
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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 ~ day of re.b-t-~
,191!.
GRANTOR
STATE OF WASHINGTON
)
)ss.
)
Albert C, D'silva
BY:~
(signaturel
COUNTY OF KING
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On this day personally appeared before
me, Albert C. D'silva, to me known to
be the individual described in and who
executed the foregoing instrument, and
on oath swore that he executed the
foregoing instrument as his free and
. voluntary act and deed for the uses
BY~/?1.1'~ þ..-?1d L.-(-::I'P4'>?~ "and purposes therèmn mentioned.
""", ~~~' Londi . Lindell OV - GIVEN my hand and official seal this
!../~.i':~~::-~'~ij1';\ ;;fI. day.,., o~ r:ehUâhff ' 1997.
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APPROVED AS TO FORM:
EXHIBIT "A"
PERMANENT DRAINAGE EASEMENT DESCRIYTION
LOT 1, LAKEHAVEN ESTATES
PARCEL 1413150-0010
THE NORTH 20 FEET OF LOT 1, LAKEHAVEN ESTATES IN SECTION 16,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, ACCORDING TO
THE PLAT RECORDED IN VOLUME 70 OF PLATS, PAGE 26, RECORDS OF KING
COUNTY, WASHINGTON, LYING EAST OF THE STORM DRAINAGE EASEMENT
RECORDED UNDER RECORDING NUMBER 8606111033, RECORDS OF KING COUNTY,
WASHINGTON.
EXCEPT THE EAST 30 FEET OF SAID LOT 1.
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EXHIBIT "A-I"
PARCEL, 111"1
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EASEMENT - DRAINAGE
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DRAINAGE STORM ",c,'
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EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
LOT I, LAKEHAVEN ESTATES
PARCEL #413150-0010
THE SOUTH 12.58 FEET OF THE NORTH 32.58 FEET OF LOT I, LAKEHAVEN
ESTATES IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 70
OF PLATS, PAGE 26, RECORDS OF KING COUNTY, WASHINGTON, LYING EAST
OF THE STORM DRAINAGE EASEMENT RECORDED UNDER RECORDING NUMBER
8606111033, RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH THE EAST 30 FEET OF THE NORTH 20 FEET OF SAID LOT
1.
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Recording Requested By
Albert C D'silva
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When Recorded Mail To:
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CITY OF FEDERAL WAY
33530 1ST WAY SOUTH
FEDERAL WAY, WA 98003
ATTN: Marwan Salloum
EASEMENT FOR SURFACE WATER FACILmES
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Grantor (s): D'silva, Albert C.
Grantee (s): CITY OF FEDERAL WAY ....
Property Legal Description: Lot 1, Lakehaven Estates, According to the Plat thereof recorded involurœ ~
70 of Plats, page 26, in King County, Washington.
Easement Legal Description: The North 20 feet of Lot 1. Entire Legal on Exhibit A
Temporary Construction Easement Legal Description: The South 12.58 feet of the North 32.58 feet of
Lot 1. Additional Legal on Exhibit B
Assessor's Tax ParceIID#(s): 413150-0010
For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is
hereby acknowledged, Albert C. D'silva, as his separate estate, ("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:
Lot 1, Lakehaven Estates, According to the Plat thereof recorded in volume 70 of Plats,
page 26,
Situate in the County of King, State of 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.
TOGETHER WITH temporary construction easement described as follows:
Legal Description of Temporary Construction Easement attached hereto as Exhibit "B" 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, repair, replace, remove, grade, excavate, and enlarge all surface
water facilities including, but not limited to, outlet structures, control structures, pipes, catch basins,
manholes, retention 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,
ORIGINAL
EXHIBIT "A"
PERMANENT DRAJNAGE EASEMENT DESCRWfION
LOT 1, LAKEHAVEN ESTATES
PARCEL #413150-0010
THE NORTH 20 FEET OF LOT 1, LAKEHAVEN ESTATES IN SECTION 16,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, ACCORDING TO
THE PLAT RECORDED IN VOLUME 70 OF PLATS, PAGE 26, RECORDS OF KING
COUNTY, WASHINGTON, LYING EAST OF THE STORM DRAINAGE EASEMENT
RECORDED UNDER RECORDING NUMBER 8606111033, RECORDS OF KING COUNTY,
WASHINGTON.
EXCEPT THE EAST 30 FEET OF SAID LOT 1.
1-.'\-91-
1 OF 1
2. Access. Grantee shall ha-e the right of access to the Easement. without prior written 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
placed thereon, which would be unreasonably expensive or impractical for Grantee to remove and restore.
4. Grantor's Uss of Easement. 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, and that Grantor shall not blast within fifteen (15) feet of the Easement.
5. Temporary Construction Easement. 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. Additional Compensation. By way of additional compensation for granting of the easement, Grantee shall
provide 4 foot high chain link fence coated with 2 mils of ultraviolet-insensitive plastic constructed along
the northerly easement line.
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.
DATEOTHIS~dayof reb,....~
. 1 9.i!.
GRANTOR
Albert C, D'silva'
STATE OF WASHINGTON
)
)ss.
)
BY:~
(signature)
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CßUNTY OF KING
On this day personally appeared before
me, Albert C. D'silva, to me known to
be the individual described in and who
executed the foregoing instrument, and
on oath swore that he executed the
foregoing instrument as his free and
, voluntary act and deed for the uses
BY./7'1J~ J:!.a-rd J:.j-;/L!-<f-:n~ "and purposes therèin mentioned.
""", !~'~J):X,.Londi . Lindell Qv - GIVEN my hand and official seal this
~'.,..\.""o."'::1,:.,. ""0 0 ---1!:f.!: day of Fe.bruar1 ' 1997.
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" ,Þ",'.,~l.,:/,~ My'commission expires .P./9f;/qq
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APPROVED AS TO FORM:
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EXHIBIT "A-I"
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TEMPORARY
EASEMENT A~gNSTRUCTIDN
AREA DUTSID ITIONAL
PERMANENT E THE
EASEMENT - DRA]NAGE
- ]344 SF
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DRA]NAGE STORM
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EXHIBIT "B"
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
LOT 1, LAKEHAVEN ESTATES
PARCEL #413150-0010
THE SOUTH 12.58 FEET OF THE NORTH 32.58 FEET OF LOT 1, LAKEHAVEN
ESTATES IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 70
OF PLATS, PAGE 26, RECORDS OF KING COUNTY, WASHINGTON, LYING EAST
OF THE STORM DRAINAGE EASEMENT RECORDED UNDER RECORDING NUMBER
8606111033, RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH THE EAST 30 FEET OF THE NORTH 20 FEET OF SAID LOT
1.
EXPIRES 4-1~-'ß
1-2-~-1....
1 OF 1