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AG 97-075 qlø-.3at<1 CITY OF FEDERAL WAY L fJ!!~:9~t\.tp~:::C ONTRACT PREPARATI ON/COCUM ENT 1. riRi~I;:A~~N~?¿;:PT.ID':~ I :='W M '~ . ""'."~AL w^y 2'C~""+'i<ö'¡i¡í¡¡!!v'F' PERSON: MAil£<) ROUTING SLIP DATE IN: EXT~ 3. DATE REQ. Bv: ~_\\OC\ 4. TVPE OF' DOCUMENT REQUESTEO (CHECK ONE): D PRe,"ss,eNAL SERV'CES AGREEMENT D MA'NTENANcElLABeR AGREEMENT D PUBL'C WORKS CONTRACT D SMALL PUBL'C WORKS CeNTRACT 'L... THAH US,cCCI D PURCHABE AliREEMENT IHAn....., Bu""..... 'O"".EHTO D SECUR'TY DOCUMENT 'E..., A.'EE.E.T & """HA'. BC.., "".H.E.T C, FUH.' OH Loou C, BCH.' D CONTRACTOR SELECTION DOCUMENT """ RFB. OF". RFel D REAL EBTATE PURCHASE & SALEB AliREEMENT S. PRO.JECTN""ME:""fP~C~Sc;. eo....å cJ~ "i'~c..~ tbeq~) 6. NAME OF ~~!':!'O--(e'l'DR: N ~ 'fA ~TtJl?~ (,) A-L . L. f. AOORESS: f(~çt.,.rK~~~.J:..~ f;\3'~1\ 16'" L.. S: PHONE: a'-:¡ç..,_óì'f7, Of' r t~..o &.1.. "iSOO'3 ß38 - £1111 TVPE OF' PERSON OR ENT'TV (CHECK ONE): D CONTRACT AMENDMENT ~ASEMENT D OTHER AG#, D INDIV'OUAL D PARTNERSH'" D SOLE PRO"ROETDRSHI" STATE: D CeR"eRATOCN TAX ID#¡SS#: S'GNATURE NAME: T'TLE: 7. SCOPE OF WORK: ATTACH EXHIS'T A - A COMPLETE AND DETAILED OESCRIPT'ON OF' THE SERV'CES OR SCOPE OF' WORK. INCLUO'NG COMPLETION OATES F'OR EACH PHASE OF' WORK AND LOCATOON OF' WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ ('NCLUOES EXPENSES AND SALES TAX, 'F' ANV) '" CA.cu~nD DH HDU'.T ~'D' CHA'.E . mACH 'CHEDU.E. 0' E.'.Dn.. mm AHD HDum ~T'" RE'MSURSABLE EXPENSES: DYES DNo IF' VES, MAX'MUM DOLLAR AMOUNT: $ Is SALES TAX OWED? DYES D No IF' VES, $ PA'D sv: D CONTRACTOR DC'TV 1 O. SELECTOON PROCESS USED (CHECK ONE): D REeUEST FOR B'DS D REeUEST FOR PROPOSALS D REeUEST FOR QUOTES D REeUEST FDR QUAL"'CATOONS D ARCHITECT & ENG'NEER LoST D SMALL WORKB ReSTER it LAW OEPARTMENT D C'TY MANAGER a 11?J\t!1 =Þ~ INITIAUDATE ApPROVED D O'RECTOR ;;¡, LAW (ALL CONTRACTS) b R'SK MANAGEMENT IA.. CDHT~CTO <XCE" AHEHD.EHTO, CDHT~CTD" 'E.ECTODH DCCU.EHTO -;/11(')/17 ~t&-- D PURCHAS'NG 12. CONTRACT SIGNATURE ROUTING (NITIAUDATE ApPROVED D C'TY CLERK D S'GNED CD"Y SACK i OR'~AT'NC DE"T, XASS'CNED AG # q ~ 7;:J D PURCHASONG: PLEASE CHARGE TC: '30 L "3\ on ? 1\ - W.o, # '2(poo1 çq(.. Y7- ¿./o \="IA-"£.~ 'Z.\io\ COMMENTS WHOTE . C"'",H., .m. W"'H CDHT..CT CANART' C.EPE TO""" PONE. ,"w "PT, GC.DENRCD. O""'N",'N" ".." .D492 'REV."" ~ If:; ~ ~ '1"4 N ~ 0 l' a; ffiql-1S Recording Requested By: NFC PARTNERS AL L P When Recorded Mail To: CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 ATTN: Marwan SallolJm EASEMENT FOR SURFACE WATER FACILITIES Grantor (s): NFC Partners, AL, L. P. a Delaware Limited Partnership Grantee (s): CITY OF FEDERAL WAY Prope¡ty Legal Description (abbreviated): Tract 15, State Plat in Sectioa 16, Township 21 N, Raage 4 E, W.M., Additional Legal indicated below. Easement Legal Descriptioa: That portion of Lot 15, State Plat in Section 16, Township 21 North, Raage 4 east, Willamette Meridian, according to the plat recorded in volume 41 of Plats, page 30/32. records of King County, Washington. Entire Legal oa Exhibit A Temporary Construction Easement Legal Descriptioa: That portion of Lot 15, State Plat in Section 16, Towaship 21 North, Range 4 East, Willamette Meridian, accordiag to the plat recorded in Volume 41 of Plats, page 30/32, records of King County, Washington. Entire Legal on Exhibit B Assessor's Tax ParceIIP#(s): 797820-0076 For and in coasideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, NFC Partaers, AL, L. P., a Delaware Limited Partnership, ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington muaicipal corporation ("Grantee") for the purposes hereiaafter set forth a perpetual easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: Tract 15, State Plat in Section 16, Township 21 North, Range 4 East, W.M., in King County, Washington, according to the plat thereof recorded in Volume 41 of Plats, page 30/32, records of King County, Washington; EXCEPT the south 50 feet of the west 271 feet; ANP EXCEPT the west 130.50 feet of the remainder of Tract 15. Except as may be otherwise set forth herein, Graatee'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"aad incorporated herein by this reference. TOGETHER WITH temporary construction easement described as follows: Legal Description of Temporary Construction Easemeat attached hereto as Exhibit "B" aad as depicted oa Exhibit "A-1"and iacorporated hereia by this reference. ORIGINAL ¡ a e. 8 ~ i , \ ~ ¡jj - 8 C"') OC; ~ ~ ~ N C') 0 l'" gj 1. Purpose. Grantee and its ageats, designees and/or assigns shall have the right, without prior notice to Graator, at such times as deemed necessary by Grantee, to enter upon the Property to iaspect, design, coastruct, reconstruct, operate, maintain, repair, replace, remOVe, grade, and excavate all surface water facilities. 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 aay such work, Graatee shall, to the extent reasoaably practicable, restore the Easement to a condition similar to its condition prior to such work. Following the installation of the Facilities, Grantor may undertake aay 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 j¡npractical for Grantee to remove and restore. ~6nt"T~ shAll I'ro>1~ """r¡--r~ra_"'-7"<v~¿J- hIT ~ a~- .6y -s'~i-. 4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement for aay purpose not inconsisteat with Grantee's rights provided: further, that Grantor shall not construct or maintain aay buildings or other structures on the Easemeat, 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 ia force during construction aad until such time the Facilities have been accepted for operation by the Grantor. 6. Successors end Assigns. The rights and obligatioas of the parties shall inure to the benefit of and be b1nding upon their respective successors in interest, heirs and assigns. DATED THIS 8~ day of 4JMcr¡ ,19ff. GRANTOR NFC Partners, AL, L. P. By: ~ (signature) APPROVED AS TO FORM: BY:~L'" ~JfA1?A'YJ y~ City Attorney, Londi K. Lindell 2 M 00 ~ .-01 .-01 N M 0 1'- r:-. [Individual Notary] STATE OF e. ,(rf~u" c" COUNTY OF éfInR"-5-(' 1 ) ss. ) On this day personally appeared before me, /0>1,.", 15/";::""""" ,to me known to be the individual(s) described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing iastrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my haad and official seal this -J~'¡dayof ¡4'~~<.-¿( ,19~. ""j:::esl., /Ie."", (typed/printed aame of notary) Notary Public in and for the State of e.A My commission expires ~i I;; J'- K, \SWM\PROJECTS\BELMOR\EASTEMPI. EAS . ~ . . . ~A~~ . . 1 ~., 1œ6683 . Notary NIle - Calfamla ! ORANGE COUNIY ~ ~ ~ c~. ~".AU: 2.1. ~996 3 C") 0Ci '.Þ ~ ~ N C") 0 ~ ~ EXHIBIT "A" PERMANENT DRAINAGE EASEMENT DESCRIPTION PARCEL #797B20-0076 THAT PORTION OF LOT 15, STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 41 OF PLATS, PAGE 30/32, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 01°11'49" WEST ALONG THE EASTERLY LINE OF SAID LOT 15r A DISTANCE OF 189.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°11'49" WEST ALONG SAID EASTERLY LINE, 109.95 FEET; THENCE SOUTH 11°14'13" WESTr 23.03 FEET; THENCE SOUTH 06°59'13" WEST, 2B.94 FEET; THENCE SOUTH 08°01'11" WEST, 34.02 FEET; THENCE ALONG OF A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 81°5B'49" WEST, 20.00 FEETr AN ARC DISTANCE OF 27.59 FEET; THENCE SOUTH 87°03'57" WEST, 40.81 FEET; THENCE SOUTH 89°10'21" WESTr 56.30 FEET; THENCE SOUTH 89°42'37" WESTr 50.18 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, SAID POINT BEARS NORTH 88°15'59" WEST, 176.54 FEET FROM THE SOUTHEAST CORNER OF LOT 15; THENCE NORTH 07°29'12" EAST, 4.01 FEET; THENCE NORTH 65°27'17" EAST, 37.14 FEET; THENCE NORTH 76°03'26" EAST, 23.67 FEET; THENCE SOUTH 88°12'21" EAST, 65.06 FEET; THENCE NORTH 48°41'24" EAST, 19.77 FEET; THENCE ALONG A NON TANGENT CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 09°43'00" WEST, 6.50 FEETr AN ARC DISTANCE OF 9.02 FEET; THENCE NORTH 00°47'24" EAST, 38.76 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS SOUTH 89°12'36" EASTr 3.00 FEETr AN ARC DISTANCE OF 3.54 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 21°32'24" WEST, 3.00 FEETr AN ARC DISTANCE OF 3.78 FEET; THENCE NORTH 03°40'45" WEST, 45.44 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 86° 9'15" 3.00 FEET, AN ARC DISTANCE OF 4.37 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 10°13'32" WESTr 3.00 FEET, AN ARC DISTANCE OF 4.19 FEET; THENCE NORTH 00°16'47" WESTr 29.67 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 89°43'13" EAST, 50.00 FEET, AN ARC DISTANCE OF 56.67 FEET; THENCE NORTH 64°39'27" EAST, 4.12 FEET TO THE TRUE POINT OF BEGINNING. 1 OF 1 1-24--17 EXHIBIT "A-I" s. 333RD ST. 1\ \ PARCEL II 797820-0 a 76 LOT,S STATE PLAT VOL. 4} -30/32 :,~ :q ~à\ g; " SCALE. "'SO' T !,," " ~ ~ ~ - ~ ~ ;,:.. :.. PARKI NG LOT FACE OF CURB TRUE POI NT OF BEG I NN' NG FOR TEMPORARY CONSTRUCT! ON EASEMENT '" ÇfJ ~ ... ... C\l C") 0 f'o cr-- Ju^' ----¡ ~~\ --3-1'<'<' çl'~1' TRUE POI NT OF BEGI NNI NG FOR PERMANENT ORAl NAGE EA~MENT PARCEL #797820-0090 lOT 18 STATE PLAT VOL 4} -30/32 ] ] 0 I PERMANENT ORAl NAGE EASEMENT TOTAL AREA. 8,856 S. C. TEMPORARY CONSTRUCT! ON EASEMENT ADDI T! oNAL AREA OUTS} DE THE PERMANENT ORAl NAGE EASEMENT . 6,332 S, C. N 88' I 5' 59' V 176, 54' N 89'13'328' v (PLAT) ACAD No, l454E -10-50 Prepored by EXHIBIT MAP SHOVING EAR T H T E c H PARCEL NO. 797820-0076 720 S, 333 St. St,.200 F""al Way, WA 98003 206 838-6202 1-20-97 C") rL:; '..() ~ ~ N C") 0 l' a-. EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT DESCRWTION PARCEL #797820-0076 THAT PORTION OF LOT 15, STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 41 OF PLATSr PAGE 30/32, RECORDS OF KING COUNTY, WASHINGTONr DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 01°11'49" WEST ALONG THE EASTERLY LINE OF SAID LOT 15, A DISTANCE OF 184.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°11'49" WEST ALONG SAID EASTERLY LINE, 225.24 FEET TO THE SOUTHEAST CORNER OF SAID LOT 15; THENCE NORTH 88°15'59" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 15, A DISTANCE OF 176.54 FEET; THENCE NORTH 07°29'12" EAST, 4.01 FEET; THENCE NORTH 56°25'26" EAST, 50.16 FEET; THENCE SOUTH 89°44'48" EAST, 10.17 FEET; THENCE NORTH 78°20'32" EAST, 35.82 FEET TO THE SOUTHWEST CORNER OF THE EAST EMPIRE GARDEN APARTMENT BUILDING; THENCE NORTH 86°19'21" EAST ALONG THE SOUTHERLY LINE OF SAID BUILDING, 49.64 FEET TO THE SOUTHEAST CORNER OF SAID BUILDING; THENCE NORTH 03°21'48" WEST ALONG THE EASTERLY LINE OF SAID BUILDING, 50.91 FEET; THENCE NORTH 86°18'45" EAST ALONG SAID EASTERLY THENCE NORTH 03°20'35" WEST ALONG SAID EASTERLY THENCE NORTH 86°18'44" EAST ALONG SAID EASTERLY THENCE NORTH 03°22'52" WEST ALONG SAID EASTERLY TO THE NORTHEAST CORNER OF SAID BUILDING; THENCE SOUTH 86°19'20" WEST ALONG THE NORTHERLY LINE OF SAID BUILDING, 62.67 FEET TO THE FACE OF CURB; THENCE NORTH 01°08'41" EAST ALONG SAID CURB LINE, 18.52 FEET TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE EAST EMPIRE GARDENS APARTMENT BUILDING; THENCE NORTH 85°46'02" EAST ALONG SAID BUILDING LINE, 107.76 FEET TO THE TRUE POINT OF BEGINNING. LINEr 3.73 FEET; LINEr 51.12 FEET; LINEr 4.14 FEET; LINE, 53.04 FEET EXCEPT THAT PORTION OF LOT 15, STATE PLAT IN SECTION 16, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, ACCORDING TO THE PLAT RECORDED IN VOLUME 41 OF PLATS, PAGE 30/32, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 01°11'49" WEST ALONG THE EASTERLY LINE OF SAID LOT 15, A DISTANCE OF 189.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°11'49" WEST ALONG SAID EASTERLY LINE, 109.95 FEET; 1 OF 2 ~ 00 ~ ~ ~ N ~ 0 {'o o-¡ THENCE SOUTH 11°14'13" WEST, 23.03 FEET; THENCE SOUTH 06°59'13" WEST, 28.94 FEET; THENCE SOUTH 08°01'11" WEST, 34.02 FEET; THENCE ALONG OF A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 81°58'49" WESTr 20.00 FEET, AN ARC DISTANCE OF 27.59 FEET; THENCE SOUTH 87°03'57" WEST, 40.81 FEET; THENCE SOUTH 89°10'21" WEST, 56.30 FEET; THENCE SOUTH 89°42'37" WESTr 50.18 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, SAID POINT BEARS NORTH 88°15'59" WEST, 176.54 FEET FROM THE SOUTHEAST CORNER OF LOT 15; THENCE NORTH 07029'12" EAST, 4.01 FEET; THENCE NORTH 65°27'17" EAST, 37.14 FEET; THENCE NORTH 76°03'26" EAST, 23.67 FEET; THENCE SOUTH 88°12'21" EAST, 65.06 FEET; THENCE NORTH 48°41'24" EAST, 19.77 FEET; THENCE ALONG A NON TANGENT CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 09°43'00" WEST, 6.50 FEET, AN ARC DISTANCE OF 9.02 FEET; THENCE NORTH 00°47'24" EAST, 38.76 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS SOUTH 89°12'36" EAST, 3.00 FEET, AN ARC DISTANCE OF 3.54 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 21°32'24" WEST, 3.00 FEETr AN ARC DISTANCE OF 3.78 FEET; THENCE NORTH 03°40'45" WESTr 45.44 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 86°19'15" EAST, 3.00 FEET, AN ARC DISTANCE OF 4.37 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 10°13'32" WEST, 3.00 FEETr AN ARC DISTANCE OF 4.19 FEET; THENCE NORTH 00°16'47" WEST, 29.67 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 89°43'13" EAST, 50.00 FEET, AN ARC DISTANCE OF 56.67 FEET; THENCE NORTH 64°39'27" EASTr 4.12 FEET TO THE TRUE POINT OF BEGINNING. /- 2.1-11 2 OF 2