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AG 97-059 OJ) C') 0 .-4 0 .-4 N 0 £'- C') AG 91-59 After recording, return to: "" : City of Federal Way Attn: Marwan Salloum 33530 1st Way South Federal Way, WA 98003 ~ ~ ~ ~ ~ ..., 3: DOCUMENT TITLE: Easement for Te1ecomnwnication and Electrical Facilities "" z .,., n ~ c: z ~ ~ '" ,., n '" '" ~ '" GRANTOR: (Last name rant) INTER co-op U.S.A NO.3, a Washington general partnership ê GRANTEE: (Last name rant) City of Federal Way, a Washington municipal corporation ::; PROPERTY LEGAL DESCRIPTION: (Abbreviated) Lot 11, West Campus Business Park, as per Plat recorded in Volume 97 of Plats, pages 78-82, King Co., W A (Additional Legal on Page 1) 8 EASEMENT LEGAL DESCRIPTION: (Abbreviated) West fifteen (IS) feet of the East two hundred and fifteen (215) feet of the North fifteen (15) feet of Lot 11, West Campus Business Park, as per Plat recorded in Volume 97 of Plats, pages 78-82, King Co., W A (Additional Legal on Page 1) ASSESSOR'S PROPERTY TAX PARCEL #(S) 9264800110 REFERENCE NOS. of other Documents (If applicable) N/ A EXCISE TAX EXEMPTION: No Compensation Paid K: \PUB woRK\co-opusa. co V ORIGINAL tD a') 0 ... 0 ~ N 0 ~ a') FILED FOR RECORP AT REQUEST OF: INTER CO-OP U.S.A. NO.3 THIS SPACE RESERVED FOR RECORDERS USE: MAIL TO: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEPERAL WAY, WA 98003 ATTN: Marwan Sallnllm EASEMENT FOR TELECOMMUNICATION AND ELECTRICAL FACILITIES For and in consideration of One Dollar ($ 1 .00) and other valuable consideration, the receipt of which is hereby acknowledged, INTER CO-OP U.S.A. NO.3, a Washington geaeral partaership, ("Grantor") grants, conveys and warrants to the CITY OF FEPERAL 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 11, West Campus Business Park, as per Plat recorded in Volume 97 of Plats, page 78 through 82, Records of king County: Together with an easement for community driveway purposes over the north 18 feet of Lot 10 in said Plat. Situated in the County of King, State of Washington. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon the West fifteen (15) feet of the East two hundred and fifteen (215) feet olthe North fifteen (15) feet olthe Property (the " Easement"). he easement ~ 1. Purpose. Grantee and its agents, designees andlo assigns shall have the right, without prior notice to Grantor, at such times C7 y as deemed necessary by Grantee, to enter upon' . - to inspect, construct, reconstruct, modify, operate, maintain, e repair, replace and enlarge all telecommunications facilities, and electrical facilities iacluding, but not limited to, underground INT. facilities and/or systems (the "Facilities") upon and under the Easement, together with all necessary or coavenient appurtenances thereto. reasonable ~ 2. Access. Grantee shall have theVright of access to the Easement over and across the Property to enable Grantee to exerCIS its rights hereunder. INT. 3. Obstructions; landscaping. Grantee may from time to time remove vegetation, trees, or other obstructions within the Easement, including the existing fence, 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, 't<rIIIe-_-abI'(~ ~GaÐIe, restore the Easement to a condition similar to its condition prior to such work including reconstruction of the INT existing fence. During any period duriag which Grantee engages ia construction '-t1'l8-1Zr4PØ<t¥, Grantee shall provide a . temporary fence on the north side of the Property. Following the installation of th~Cilities, Grantor may undertake .aAV- 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. n the Easement 4. Grantor's Use of Easemant. This Easement shall be exclusive to Grantee; provided, however, Graator 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 aot perform digging, tunneling or other form of construction activity on the Property, which would disturb the compaction or unearth the Facilities on the Easement, or endanger the lateral support to the Facilities; aad that Graator shall aot blast withia fifteen (15) feet of the Easemeat. 5. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors, heirs and assigns. ORIGINAl tÞ ~ "1'4 0 .... 'tIl '0 .{\oo ,-0) , , Ii I I! , i I ,I I i ' II I 4:0 :1-1' ,- II I . I ,-J I i I \. , I " I tJ -I "- I., l -( -- ---¡ t;; \ r; ~ l. ~',: \ (/; ----j ~ [U k " , f:: - r - - - ------ I , I I I , I I I I I I I I I [~ r LlJ n J:: -0 C (.I) tJ:: ~ z 'T' (.I) (.I) -0 :!> ;u ^ - - 1 'I , i I' I i! vi I L--'U , ' r----Äl! -, ' D I' I -0 .',,' II D : i ~ I t::J I I Ui l. .. -----x---- 'T' (.I) - ~ ;-! ¡-- ¡ U1 j---lr-- .. ~, .,,-- \ , (.J v ,7; C) 0 (.-') v r'l :f> (.'1 r'l Z I'l ~- c./ co 'D c' 0 ru L. --I 'i:' \ '- Grantee shall indemnify Grantor for any damage to person on property caused by the activities of Grantee on the property or on the easement. PATED THIS 2.- L- day of --?1 (tlAJ ,19'7~ GRANTOR By r.Þ a'J 0 ..... 0 ... N 0 ~ \~. a') By: '" (/7UJ \JJ-'l Landi K. Lindell ð City Attorney 4?bV.vt'AL (title) ;I' ~ 77Y'bt. APPROVED AS TO FORM: (t;/71 J1'i/¿læ Jy¡ [Individual Notary] STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this - day of ____,19_, befo'c me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Kenneth E. Nyberg, to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free aad voluntary act and deed of said corporation, for the uses aad purposes therein mentioned, and oa oath stated that he was authorized to execute the said instrument. WItness my hand and official seal hereto affixed the day and year first above written. (typed/printed name of notary) Notary Public in and for the State of Washington. My commissioa expires ','SWMII'ROJECTSI3""OTTSIEASEM,LOT gJ By (Signature) (Name) (Title) [Individual Notary] STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING appeared GIVEN my haad and official seal this 2. '- day of ~ ,19:if? ' Q~-c""v.~" , '""" J :. A/lJDi¿ÐJ e.. /1-qJŒU .I}", ~: (typed/printed name of notary) ,~. ,t., : .3" NotaryPu~li~inandfortheSt'Pir¿j:!a, , ., ",i~~,~,'"," Mycommlsslonexp"es II -,I ~:.:~"':':~~~ . ..--:,'(' .". . ' 2