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AG 95-203 - FAR EAST INVESTORS DATE IN: I CITY OF FEDERAL WAY AW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./Dlv.: L~. [:.<} o.a.-v-- EXT: ~ 3. DATE REQ. By: 2. CRIGINATING STAF"F" PERseN: 4. TYPE eF" DeCUMENT REQUESTEe (CHECK eNE): 0 PROF"ESSOONAL SERVICES AGREEMENT 0 MAINTENANCE/LASOR AI3REEMENT 0 PUSLIC WeRKS CeNTRACT 0 SMALL PUBLIC WeRKS CONTRACT IL... THAN "',COCI 0 PURCHABE AI3REEMENT 'MATC.'A~, OUPpu.., E.U'PHC.." 0 SECURITY DoCUMENT !c.B., AB.UH'NT & Pc."MA'N OOHO, A.."NHcNT OR 'UND. 'N LIEU 0' SDHOI 0 CONTRACTOR SELECTleN DOCUMENT !c.D.. R,S, R'P, R'QI 0 REAL ESTATE PURCHABE & SALES AGREEMENT 5. PRC.JECT NAME: F'A-t:!.. Ë.r~f 6. NAME OF" CONTRACTCR: F~/l ~~ J-,¡A) sV<t,sW~ ADeREBS: PHeNE: TYPE eF" PERseN eR ENTITY (CHECK eNEI: 0 INOIVIDUAL -rARTNERSHIP 0 SOLE PRDPRIETDRSHIP STATE: 0 CORPORATODN TAX ID#/SS#: SIGNATURE NAME: TITLE: 7. SCCPE OF" WCRK: ATTACH EXHIBIT A - A ceMPLETE ANe DETAILEO eESCRIPTleN eF" THE SERVICES eR scePE eF" weRK, IN CLUeING ceMPLEToeN DATES F"eR EACH PHASE eF" weRK ANO LeCATleN eF" weRK. B. TERM: CeMMENcEMENT DATE: CeMPLETleN DATE: 9. TCTAL COMPENSATICN: $ (INCLUDES EXPENSES AND SALE5 TAX, IF" ANY) '" CALCU~TCD OH HDU.LY ~.D. OHA.'C . ATTACH .CHcOUL" DP cHPLOY,," TOTL" AND HOU.LY RAT'" REIMBURSABLE EXPENSES: DYES ONe IF" YES, MAXIMUM DeLLAR AMeUNT: $ Is SALES TAX aWED? 0 YES ONe IF" YES, $ PAle BY: 0 CeNTRACTeR OCITY 1 C. SELECTleN PRecEss USED (CHECK eNE): 0 RE"UEST F"OR BIDS 0 RE..UEST F"DR PROPOSALS 0 RE"UE5T F"DR QUDTE5 0 REQUEST F"OR QUAUF"lC&TION5 D ARCHITECT & ENGINEER LI5T 0 SMALL WORKS R05TER 1 1. CCNTRACT REVIEW INITIAL/DATE ApPReVED 0 elRECToR 0 LAW (ALL CONTRACTS) ~:=~ :".:~~~T~~~~':T f.1F.H~'/ CDNTRAOTD. .mCTOOH DDCUHCNTI 0 PURCHASING 12. CCNTRACT SIGNATURE RCUTING INITIAL/DATE ApPReVED ~AW DEP&RTMENT 6"c,TY MANAGER ~Y CLERK ,~ \7 :~GS~::E:O:: S;C~ ~lD~'N/Jl5!3/~ .~ PURCHA51NG: PLEA5E CHARGE TO!" Wi I 'V '7 S:-- -þ- CCMMENTS WH'TE - O",O"'AC OTm W'TH CO..Y"ACT CANARY - OcE"< mow, H'NK - cAw em. DCLDENRDO D"'O'..",... m," L04" IRcv ...., ~ r:r; 00 ~ N N (1¡ 0 ~~ ~ ~ 0- -Q ~ I.U r= ¡:: ~ I ~ " ,', L" 'c. ,.0 "' ," 0 '-' W ,~' " ~ .~, C, '-' ~ ," c.' '" ~ ,n , n, n' ,,'-: n, MAIL TO: City of Federal Way 33530 1st Way South Federal Way, via 98003 Attn. Jeff Pratt P ,7" 'i'¡ e r- Aq 115~ J.D3 Sr' '] no,' 'i!'. ~.J ,.~"Li¿,~',~,~ ~\ AGREEMT_FOR , '~'-V5 J"~' . "~~ PERPETUAL EASEMEN1:¡, )/;,;&*"j., ,Ii, rJ.. ." ¡1u fib/Iud ~ ~ f(J/~ This Agreement for Per fual Easement ("Agreement") is dated ~- effective this 3rd day of gust, 1995 and is entered intD between the city of Federal W , a Washington municipal corporation ("city") and Far East In estors, a Washington Limited Partnership, with Karen Steincipher, At General Partner, ("Far East"). A. The City intends to construct and maintain the Kitts Corner/South 336th regional detention and wetland/stream restoration project ("prDject") as a public project located on real property within the City; B. Far East owns real property within the City, portiones) Df which are required by the City for its Project; C. The city has nDtified Far East that the City has threatened to condemn an interest in the Far East property for the Project; and D. It is in the best interest of Far East and the City to reach a voluntary agreement regarding the transfer of the property from Far East to the City without the need for condemnation litigation, if the parties can agree to the terms and conditions of such transfer. ~NOW, THEREFORE, the City and Far East enter into this Agreement for good and valuable consideration, the sufficiency and adequacy of which is acknowledged, in order to effect an appropriate property interest transfer to the city on the following terms and conditions: 1. Easement Area. Far East shall convey at closing a permanent exclusive easement to the City by fully executing, delivering and recording an easement in the form attached hereto as Exhibit "A" and incorporated herein by this reference ("Permanent Easement") . The Permanent Easement affects the Far East real property tax parcels 202104-9052 and 202104-9100 as legally described and as drawn in Exhibit "B", attached hereto and incorporated by this reference ("Property"). 2. Purchase Price. The City shall pay, by certified check, to Far East the sum of One Hundred Thirty Two Thousand Three Hundred Fifty Eight Dollars and Sixty Two cents ($132,358.62) at clDsing. EXCISE ~,\X NOT REQUIRED ~n9 Co, A.""rdS Division By ~ ~\' ~ Deputy -1- ORIGINAL 3. Title. 3.1 Condition of Title. Title to the Permanent Easement is to be free of all encumbrances or defects other than general exclusions and exceptions approved by the city. Encumbrances to be discharged by Far East shall be paid by Far East on or before closing. 3.2 Title Insurance. The City shall, at the City's expense, immediately upon execution by the parties to this Agreement, apply ~LTA standard form of Owner's policy of title insurance <::.t issued by" To ~" -1II",r 1p", Title Insurance company. The preliminary J ,commitment thereto, and the title pDlicy to be issued, shall ~ q/~~ontain no exceptions other than general exclusions and exceptions ,/ approved by the City. If title cannot be made so insurable prior ~;.,-- to the closing date, this Agreement shall be terminated. The City n~ , 'if may elect to waive any such defects or encumbrances. 1/11' 3.3 Future Encumbrances. Far East shall be prohibited from - encumbering the Permanent Easement in any manner following the full execution of this Agreement. 4. Closinq. ~- Closina. This sale shall be closed Dn or before {--J-'if-~ September'~ 1995, after the city's satisfaction of the ~ II contingencies set forth in section 5.1 herein, or at another time ~q&tIJ agreed to in writing by the parties; provided, however, that the . Parties agree to extend the closing dated for an additional two (2) ~- weeks if the need for such extension exists in order for the City to satisfy the contingencies. ~~ I ~ll~}~~ ... íIj ilJ ... N N C') 0 ~!') C') 4.2 Closinq Costs. Taxes and Proration. Each party shall pay its own closing costs. Far East shall pay any real estate excise tax and revenue stamps. Parties shall pay those standard closing costs accruing to the date of closing on or before the date of closing. Upon closing, Far East will promptly apply for and diligently pursue appropriate reevaluation with the King County Assessor of that portion of the Property subject to the Permanent Easement. The city shall support such reevaluation by writing a letter to King County and agrees to pay to Far East at least ten (10) days before due and after receipt of a copy of the King county tax statement, the pro rata portion of the real property taxes applicable to the fair market value of the Permanent Easement area equal tD 14.3% of the total taxes owed on Parcel 202104-9052 and equal to 100% of the total taxes owed on Parcel 202104-9100 from closing until the first half, 1996 payment. Upon such reevaluation, and any refund issued by the King County Assessor, Far East shall pay to the city the monies the city previously paid for such real property taxes. The city's obligation to pay such taxes terminates on April 30,1996 regardless of whether or not Far East has obtained the requested reevaluation. -2- EXCISE TAX NOT REQUIRED KIng Co. Records OiviOion ~ ~ Deputy 4.3 Possession. The City shall be entitled to possession of the Permanent Easement at closing. 5. Continaencies. 5.1 The continqencies. The city's obligations under this Agreement are conditioned upon and subject to the City's satisfaction, in its sole discretion, or the City's written waiver Df the following cDntingencies: (a) Final approval of this Agreement by the City Council of Federal Way; (b) The absence of any violation for which notice has been given, of federal, state or City laws including without limitation, all city codes, ordinances, resolutions, regulations, standards and policies, as now existing or hereafter adopted or amended, effecting the use, occupancy or condition of the Permanent Easement; (c) The pendency or threat of any litigation or proceeding relating to the Property and/or the Permanent Easement; or "" Œ:; Œ:; "" N N ~ 0 ~ ~ (d) Any material change in the Property, the Permanent Easement or the improvements on the Property occurring after the execution of this Agreement. 5.2 continqencv Period. The City shall have three (3) weeks following execution of this Agreement in which to notify, pursuant to section 15.9, Far East that it has satisfied, has waived satisfaction of the contingencies or has elected to terminate this Agreement pursuant to such contingencies. 5.3 Expiration of continqencv Period. If Far East does not receive the notice required by section 5.2 prior to the closing date, this Agreement shall terminate. 6. citv Development CDnditions. Far East may utilize the Permanent Easement area consisting of approximately 62,194 square feet in complying with any existing or future City code requirements for open space, green belt, or maximum lot coverage, as a result of Far East's development on the Property. 7. License. Far East hereby grants a license to the City, its agents or representatives to enter upon the remaining Property legally described in Exhibit "C" to place soils excavated for its Project as an engineered fill on the Property subject to the following terms and conditions: a) Filling of the Property shall be pursuant to the grading and fill plan attached hereto as Exhibit "D" and incorporated herein by this reference ("Plan") and -3- ~ rx; rr; ~ N N g) 0 :t) g) pursuant to the terms of any permit issued based upon the Plan. The city shall, at its cost, satisfy any condition of mitigation, restoration and/or replacement resulting from this grading/filling. The city agrees that the specifications delivered to Far East on July 31, 1995, will be used by the city in bidding at this project; provided, however, that Far East shall have no independent cause of action or claim pursuant to such specifications. The City shall have no obligation to place fill on the Property exceeding the usable fill resulting frDm its excavation. The City shall determine what fill is usable in its sole discretion. The City shall have no obligation to construct any structural components Dr improvements in connection with placing such fill and/or to incur any additional costs other than moving the available fill from the Project and placing it on the Property pursuant to the Plan and pursuant to all permits. b) By Far East's executiDn of this Agreement, acknowledges receipt and its approval of the Plan. it c) Far East agrees to indemnify, defend and hold the City harmless from and against any and all liabilities, claims or damages (including attorney fees and costs) resulting from the field condition and structural support characteristics of the existing fill on the Property. d) This license grants to the City control of the Property during the City's grading and filling activities. Any use by Far East of the Property shall in no way interfere with the City's use of the Property. This license will revoke upDn the City's completion of the grading and filling activity; provided, however, that such revocation will not affect the City's right of reasonable access to the Permanent Easement over and across the Property to enable the city to exercise its rights pursuant to the Permanent Easement. 8. storm Water Drainage. city shall prDvide in its Project sufficient storage volumes to handle treated storm water discharges from the Property under a maximum developed condition. Accordingly, the City agrees that Far East, its heirs, assigns and/or successors, shall not be required to provide anyon-site retention/detention facilities for storm water on the Property as a result of its initial development and the City shall provide such compensating storage within its Project; provided, however, that the City makes no such accommodation for any redevelopment Df the Property and such redevelopment will be required to comply with all applicable city codes and conditions. Far East, its heirs, assigns and/or successors, shall install at Far East's expense, facilities for direct discharge of treated storm water from the Property to the City's Project. -4- '1'1 ([j Çj '1'1 N N <1) 0 1/) <1) 9. Permits. The City is currently seeking various permits and other governmental licenses as a condition precedent to constructing its Project. The city shall review and amend as necessary all Project permit applications no later than December 31,1995 to assure all permits and approvals being applied fDr will allow and authorize the work and/or activities described in sections 7 and 8 of this Agreement. 10. Permit Processinq. In the event Far East, its heirs, assigns and/or successors, applies to the City for permit(s) to develop the Property, the City agrees to reasonably expedite the processing of any such complete application; provided, however, that such application will be treated in the same manner as other City applications. The city is bound in such processing to fully effect the terms and conditions in section 6 of this Agreement. Nothing in this section or in this Agreement relieves Far East of its obligation to comply with all applicable laws, codes, rules, regulations and/or permitting requirements. 11. Far East's Representations and Warranties. 11.1 Environmental Conditions. Far East acknowledges that it is Far East's Dbligation, at its sole CDst and expense to comply or enSUre compliance with all federal, state, foreign and local laws or administrative orders with respect to the environmental conditiDns existing Dn the Permanent Easement at closing. 11.2 No Leases. Far East represents and warrants that the Permanent Easement is not subject to any leases, tenancies or rights of persons in possession. 11.3 No Material Defect. Far East is unaware Df any material defect in the Permanent Easement. 12. Contractinq for Gradinq. In the event any permit is issued by the City for development of the Property, and the City enters into a contract with Far East for Far East to perform the grading work described in the grading permit, Far East, its heirs, assigns and/or successors may conduct, at its expense, grading/ filling beginning at its eastern boundary consistent with the terms and limitations of the city's grading/filling permit as necessary to establish proper grades/foundation. 13. Draftinq. This Agreement has been mutually drafted by the parties and in the event of any dispute, terms and conditions will not be construed or applied against any party as a drafter. 14. Survi val of Warranties. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Permanent Easement, but shall survive the closing. -5- .... r.r:; íI:) .... N N '" 0 :n '" 15. General Conditions. 15.1 Performance. Time is Df the essence to this Agreement. 15.2 Entire Aareement. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective fDr any purpDse. 15.3 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 15.4 Full FDrce and Effect. Any provisiDn of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.5 Governina Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the state of WashingtDn. 15.6 captions. The respective captions of the paragraphs of this Agreement are inserted for convenience Df reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 15.7 Authoritv to Execute. Each party warrants that it has specific authority to execute this Agreement. 15.8 Recordina. Upon full execution, this Agreement shall be recorded with the King County Department of Records. 15.9 Notices. Any notices required to be given to the parties shall be delivered to the parties at the following addresses either personally delivered or by depositing the notice in the united states mail, postage prepaid (any notice so posted shall be deemed received three (3) days after the date of mailing): City of Federal Way, c/o Londi K. Lindell, City Attorney, 33530 1st Way South, Federal Way, WA 98003, and Karen Steincipher, c/o HAGGARD LAW OFFICE, IBM Bldg., suite 1200, 1200 Fifth Ave., Seattle, WA 98101. FA EAST INVESTORS, a CITY OF FEDERAL WAY, a municipal W ~qingto Li ited pa..rtnershiP cDrporation of the State of WA .~. ./v ;f~z:.?;;t~ Y&'Y~Kenneth E. NYbe~ r J.ø c, Its: City Manager 33530 1st Way South Federal Way, WA 98003 -6- ~ æ <Xi ~ N N 0') 0 ~ 0') APPROVED AS TO FORM: ~LO~~~' 11 fr(J ***************************** ~bfríl STATE OF WASHINGTON) I . ) ss. [PARTNERSHIP N TARY] COUNTY OF KING) On this day personally appeared before me the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, Karen Steincipher, to me known to be Jj.- General Partner of FAR EAST INVESTORS, the Washington limited partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said. partnership. /' d ,~ufland ~n~,,;:.fficial seal this ~ day cf ! i ,;I 0 >.:~\:;;;;J.';/./ -7- ~ 'Xi rJJ ~ N N a') 0 :n a') STATE OF WASHINGTON) ) ssP COUNTY OF KING) On this day personally appeared before me, the undersigned Notary Public in and for the state Df Washington, duly commissioned and sworn, Kenneth E. Nyberg, to me known to be the City Manager of the city bf Federal Way, a Washington municipal corporation, the corpDration 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 was authorized to execute the said instrument. 4 GIVEN my U¿().s:+ hand and official , 1995. 3/.d of this seal day """'" ..,~ ROe II :'(,~ ",....../1'd!~~ or 'STI~~Q ¡4ì ~TARì' ~ ::. -.- ~f!?>., ÞUBL\C ~l ~,. "PA",,/-29J/6 r ,l:j.l ,,"(-" "'" ",Q>~.:. ".,Of:' W"$~'~" """,......, ~)vM1 , ~~ (notary signature) Etfee..v¡ Pob;¡j.st)// (typed/printed name of notary) Notary Public in and for the state of Washington. My commission expires: /-02.9-9'ð K:\docunent\fareast. fin 8-31-95 (95-098) -8- EXHIBIT "A" FILED FOR RECORD AT REQUEST OF: City of Federal Way MAIL TO: City of Federal Way 33530 1st Way South Federal Way, WA 98003 ATTN: Jeff Pratt EASEMENT FOR DRAINAGE FACILITIES FOR 336TH/KITTS CORNER PROJECT .-4 CC; Œ:J .-4 N N (1) 0 ¡f) (1) For and consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, Far East Investors, a Washington Limited partnership, with Karen steincipher, a General Partner ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington Municipal Corporation ("Grantee") for the purposes hereinafter set forth a perpetual exclusive easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: That portion of the South half of the South half of the North half of the Southeast quarter of the Northeast quarter of section 20, Township 21 North, Range 4 East, W.M. in King County, Washington, lying Westerly of Primary State Highway No.1 as conveyed to the State of washington by deed recorded under Auditor's File No. 1778235. Except as may be otherwise set forth herein, .Grantee' s rights shall be exercised only upon that portion of the Property ("Easement Area") legally described as follows: [See Exhibit "A" attached hereto and incorporated herein by this reference.] -1- ~ (fj (fj ~ N N 0') 0 U') 0') 1. purpose. Grantee and its agents, designees and/or assigns shall have the exclusive perpetual right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Easement to inspect, construct, reconstruct, operate, maintain, repair, replace, grade, excavate and enlarge all surface water drainage facilities including, but not limited to, underground facilities and/or systems upon and under the Easement Area, together with all necessary or convenient appurtenances theretD, including without limitation, pipes, catch basins, retention and detention facilities, ponds, biofiltration swales, ditches, water quality treatment facilities vaults and semi-buried Dr grDund mounted facilities ("Facilities"). Grantee shall have the right to flood the Easement Area and to engage in any and all activities as if Grantee owns fee title to the Easement Area. Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities or improvements as it may require within the Easement Area. 2. Access. Grantee shall have the right of reasonable access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. 3. Obstructions: Landscapinq. Grantee may remove any and all vegetation, trees, or other obstructions within the Easement Area, and may level and grade the Easement Area. 4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement Area in order to comply with City code requirements fDr open space, greenbelts or maximum lot coverage; and provided further Grantor may install, at its expense, such facilities as reasDnably necessary to prDvide for direct discharge of treated storm water from the Property to the Easement Area in compliance with all applicable laws and after obtaining all necessary permits; and Grantor may install landscaping in the Permanent Easement if the city approves such installation and after obtaining all necessary permits and approvals in compliance with all applicable laws. Further, Grantor shall not perform digging, tunnelling or other form of construction activity on the Property, which would disturb the compaction or unearth the Facilities on the Easement Area, or endanger the lateral support to the Facilities. Grantor shall not blast within fifteen (15) feet of the Easement Area. 5. Successors and Assiqns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors, heirs and assigns. -2- 6. No Encumbrances. Grantor shall maintain the Easement Area free of all encumbrances and defects and is prohibited from recording or taking any actiDn which results in the recording of any lien, encumbrance or other defect against the Easement Area. DATED this day Df , 1995. GRANTOR: GRANTEE: FAR EAST INVESTORS, a Washington Limited Partnership CITY OF FEDERAL WAY, a Washington Municipal Corporation By: Karen Steincipher, A General Partner By: Kenneth E. Nyberg Its city Manager ********************************* .-'I IX) IX) .-'I N N a') 0 ~ a') STATE OF WASHINGTON) ) ss. COUNTY OF KING) [INDIVIDUAL NOTARY] On this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, Karen steincipher, a General Partner of Far East Investors, a Washington Limited Partnership to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN hand and official , 1995. of this seal day my (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: K:\DDCUMENT\FAREAST .EAM 8-18-95(svd)(95-098) -3- STATE OF WASHINGTON) ) ss. COUNTY OF KING) On this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, 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 and voluntary act and deed Df said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. GIVEN hand and official , 1995. of this seal day my (notary signature) (typed/printed name Df notary) Notary Public in and for the State of Washington. My commission expires: .-4 íL) íL) .... N N a"J 0 ~ a"J -4- .-4 çr; Ç() .-4 N N go¡ 0 :n go¡ Exhibit "A" TO Permanent Easement Beginning at the southwest comer of the south half of the south half of the north half of the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; thence north 01 ° 14'06" east along the west line of said south half of the'south half of the north half of the southeast quarter of the northeast quarter 164.41 feet to the northwest comer of said south half of the south half of the north half of the southeast quarter of the northeast quarter; thence south 88°45'59" east along the north line of said south half of the south half of the north half of the southeast quarter of the northeast quarter 417.81 feet; thence south 28°06'20" west 137.66 feet; thence south 07° 17' 42" west 41.84 feet to the south line of said south half of the south half of the north half of the southeast quarter of the northeast quarter; thence north 88°46'06" west along said south line 351.17 feet to the POINT OF BEGINNING. 269800.wpS " w 8'- .: ~~ ii- '1"'4 00 00 '1"'4 N N C1) 0 U') C1) Ex. B EXHIBIT "B" TO AGREEMENT LEGAL DESCRIPTION That part of the south half of the south half of the north half of the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary State IDghway No.1 as conveyed to the State of Washington by deed recorded under Recording Number 1778235. -.,.',."( 417.., FAREAST PERMANENT EASEMENT 62.194 S.F. NB8'~'06"W >51.1 ,4-' s 58"45"9"( 5" 07 FAREAST TEMPORARY LICENSE 101.747 S,F. ""'5"'"' ""06 £::j c., <..J 0: ': ... 00 00 ... N N a') 0 ~ a') EXHIBIT "c" TEMPORARY LICENSE AREA The south half of the south half of the north half of the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M., in King County, Washington, lying westerly of Primary State Highway No.1 as conveyed to the State of Washington by deed recorded under Recording Number 1778235 Except that part described as follows: Beginning at the southwest comer of the south half of the south half of the north half of the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; thence north 01 ° 14 '06" east along the west line of said south half of the south half of the north half of the southeast quarter of the northeast quarter 164.41 feet to the northwest comer of said south half of the south half of the north half of the southeast quarter of the northeast quarter; thence south 88°45'59" east along the north line of said south half of the south half of the north half of the southeast quarter of the northeast quarter 417.81 feet; thence south 28°06'20" west 137.66 feet; thence south 07017'42" west 41.84 feet to the south line of said south half of the south half of the north half of the southeast quarter of the northeast quarter; thence north 88°46'06" west along said south line 351.17 feet to the POINT OF BEGINNING. 269800.wpS 7/ . , !G'OO.OO 'I CBC,llyPE > "'LUNG WELL NQ 4 SEEm '. . S""-,c, "-. Ii ! ¡ -"" \ 4 I i ¡ ; , ". ;1- ("/ ~ ¡ EXHIBIT "D" ,/ , " ¡<C::->/" .,vlS"" ~""= . ED~ ~~AY 0 50 100 150 rvv' '0 0 ' SCAlE IN FEET KIlTS C,,"NER ..., S.336TH STRm RECiON"'- ST,,""WATER DETENT"" "., wETLANoS/STR,... REST""AT",, PROXCT EARTHWORK DISPOSAl AREA GRADING AND DRAINAGE PLAN ,wG C'9 , , "- -",", - OR "STEPHAN E:i!J:.lI!J C"" R LlNoOUST - """'G,e« NO. I DATE AT( JUN 1995 PRO' NPw3740 nLf N"'c' 3'40>o07.d>. "'JU.."'" 20""" I ~I ~ II 7,' . , ID'OD.DO o. 'I CB C.I rvPE 2 5"LLONGWELL NO.4 SEEm '. 5-1 '- 0--. -c---- - .. -- ; ...~ -"", ; - -'--" Ii ----"'.. i ;1- 4 ; i , ". i¿:~~/ .. i! ~ ¡ EXHIBIT "D" R'.'SOON ~""= . iED~ ~~ A"Y a 50 100 150 rvv' '0 0 ' SCAlE IN FEET KITTS CDONER "'" S.336TH STREEI REGK)NAL STDO"WA"R OETENT"" ...., wETL,""S"'RE'" RESTDOAT"" PROJ(CT EARTHWORK DISPOSAl AREA GRADING AND DRAINAGE PLAN we C-9 , , "'_S(;He~ - OR "S"....... E:i!J:JI!J CHo< R LINOOUST - """'eeeE< NO. I OAT< AT< JUN 1995 PROJ NPw3740 "LC N"". "'O'OO,.". "'JUN-.", 20"'.03 0 r.l) r.l) f'1 N N '" 0 ~':) '" ~ ) 8 ~w ~g .-S:) t- ~ ~ CIJ "" ". D = '" '" co U ',d ,- E~ co ~ ,c ú, '" n ~ ,~ 0'" °' ~ ~ RECEIVED ~~JEP 29 1995 AU7,1;¡,¡¿"""",, FILED FOR RECORD AT REQUEST OF: City of Federal Way MAIL TO: City of Federal Way 33530 1st Way South Federal Way, WA 98003 ATTN: Jeff Pratt /,). ,,/7, d1.' ~ .::M. ) ~ti4?~J.:t¿'.d.¿L4 f/ "'//'<r ¿~U.¿bJ4~ / k~ ! EASEMEN¥ FOR DRAINAGE FACILITIES ~þ> )/~~~'~. ro~.. PROJ= For and co~sideratrð'ñ of One Dollar ($1.00) and other valuable considerati~' the receipt of which is hereby acknowledged, Far East Invest rs, a Washington Limited partnership, with Karen Steincipher'i ~ General Partner ("Grantor") grants, conveys and warrants to the CITY OF FEDERAL WAY, a Washington Municipal Corporation ("Grantee") for the purposes hereinafter set forth a perpetual exclusive easement under, across and over certain real property (the "Property") located in Federal Way, Washington, legally described as follows: That portion Df the SDuth half of the South half of the North half of the Southeast quarter of the Northeast quarter of section 20, Township 21 North, Range 4 East, W.M. in King County, Washington, lying Westerly of Primary State Highway No.1 as conveyed to the State of Washington by deed recorded under Auditor's File No. 1778235. Except as may be otherwise set forth herein, Grantee's rights shall be exercised only upon that portion of the Property ("Easement Area") legally described as follows: [See Exhibit "A" attached heretD and incorporated herein by this reference.] EXCISE TAX NOT REQUIRED King, ød. i'I""'rdS OM.ion By S?'~_DGP()ty ORIGINAL 0 rx; rx; ~ N N (1) 0 ;!') a> 1. Purpose. Grantee and its agents, designees and/or assigns shall have the exclusive perpetual right, without prior notice to Grantor, at such times as deemed necessary by Grantee, to enter upon the Easement to inspect, construct, reconstruct, operate, maintain, repair, replace, grade, excavate and enlarge all surface water drainage facilities including, but not limited to, underground facilities and/or systems upon and under the Easement Area, together with all necessary or convenient appurtenances thereto, including without limitation, pipes, catch basins, retention and detention facilities, ponds, biofiltration swales, ditches, water quality treatment facilities vaults and semi-buried or ground mounted facilities ("Facilities"). Grantee shall have the right to flood the Easement Area and to engage in any and all activities as if Grantee owns fee title to the Easement Area. Following the initial construction of the Facilities, Grantee may from time to time construct such additional facilities or improvements as it may require within the Easement Area. 2. Access. Grantee shall have the right of reasonable access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. 3. Obstructions: Landscapinq. Grantee may remove any and all vegetation, trees, Dr other obstructions within the Easement Area, and may level and grade the Easement Area. 4. Grantor's Use of Easement. This Easement shall be exclusive to Grantee; provided, however, Grantor reserves the right to use the Easement Area in order to comply with City code requirements for open space, greenbelts or maximum lot coverage; and provided further Grantor may install, at its expense, such facilities as reasonably necessary to provide for direct discharge of treated storm water frDm the Property to the Easement Area in compliance with all applicable laws and a~ter obtaining all necessary permits; and Grantor may install landscaping in the Permanent Easement if the city approves such installation and after obtaining all necessary permits and approvals in compliance with all applicable laws. Further, Grantor shall not perform digging, tunnelling or other form of construction activity on the Property, which would disturb the compaction or unearth the Facilities on the Easement Area, or endanger the lateral support to the Facilities. Grantor shall nDt blast within fifteen (15) feet of the Easement Area. 5. Successors and Assiqns. The rights and obligations of the parties shall inure tD the benefit of and be binding upon their respective successors, heirs and assigns. -2- By: /y!; K en Ste cipher, J )' JL...GEmelèa-l' Partner q is q') /}¡ , ÏÞf?/t.fU '{¿11 .£)¡,¡.,¡ 1ft{ ,::J¿/¡1-£t..1 í;Jt/J4uí 0 ********************************* rr; rrJ ~ N N c-¡ 0 ~I') c-¡ 6. No Encumbrances. Grantor shall maintain the Easement Area free of all encumbrances and defects and is prohibited from recording or taking any action which results in the recording of any lien, encumbrance or other defect against the Easement Area. ,~ 9, DATED this % day of ,~~ , 1995. GRANTOR: GRANTEE: FAR EAST INVESTORS, a Washington Limited Partn s ip CITY OF FEDERAL WAY, a Washington Municipal Corporation ~~~ Kenneth E. NYberg~ Its city Manager STATE OF WASHINGTON) .L ) ssP [INDIVIDU, ï. NOTARY! ~9f4 COUNTY OF KING) A , () I . /t'Y" ¿fv1) , ~/V'-' rr ,W;L~ (I On this day personally app red before me, the undersigned Notary Public in and for the sta of Washington, duly commissioned and sworn, Karen steincipher, ./ General Partner of Far East Investors, a washington Limited Partnership to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that she executed the foregoing instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. ~~ ~mY nd and official seal this ~day of ~ , 1995. ./ ~*~ (typed/printed name of notary) . Notary PUblic.in ¥d for ti)e "au <if Washington ,/'e/--<.£Uvtf'~, ~ My commission expires: /ú 7t:> ::s ,I;! K:\DOCUMENT\FA.J~ST .EAM 8-18-9SC,S,;,,7s:098) -3- STATE OF WASHINGTON) ) ss. COUNTY OF KING) On this day personally appeared before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, 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 and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. f1 GIVEN ¡ny ()~s.~ hand and official , 1995. .sId- day of this seal 0 OC; OC; ... N N a') 0 :.!) a') ......"", "" -"~~ ROS;. ," :-«"v~~""""'~&."« . ~ ,i~.JIIDN ~~ 0 \ t~! ~OTAliY' ~ , i _0- íI ~~\ PUBL\C ",-I , -'I l ~- I' lj\.,'I" .~ - ,~(-' "" "",' 't"OJ: WAS'(.~..:' """""......" ~~~~ t!e-<::Þ] ðhlf¡Çê-v\ (typed/pr~nted name of notary) Notary Public in and for the State of Washington. ., My commission expires: !-o:;¿ 1- '1 Y' . -4- 0 rL:; rrJ ... N N a') 0 :J'.) (1) Exhibit "A" TO Permanent Easement Beginning at the southwest corner of the south half of the south half of the north half of the southeast quarter of the northeast quarter of Section 20, Township 21 North, Range 4 East, W.M.; thence north 01 ° 14'06" east along the west line of said south half of the" south half of the north half of the southeast quarter of the northeast quarter 164.41 feet to the northwest corner of said south half of the south half of the north half of the southeast quarter of the northeast quarter; thence south 88°45'59" east along the north line of said south half of the south half of the north half of the southeast quarter of the northeast quarter 417.81 feet; thence south 28°06'20" west 137.66 feet; thence south 07°17'42" west 41.84 feet to the south line of said south half of the south half of the north half of the southeast quarter of the northeast quarter; thence north 88°46'06" west along said south line 351.17 feet to the POINT OF BEGINNING. 269800.wp5 t1q q'5~ ZOJ> CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: December 14, 1995 TO: cary Roe, Public Works Director Jeff Pratt, SWM Manager Marwan Salloum, SWM Project Engineer John Caufield, Sr. Financial Analyst Chris Green, city Clerk fwl v .."",lv"...... ..Sì FROM: Londi K. Lindell, city Attorney SUBJECT: S. 336th/Kitts Corner Regional Storage Facility Project Purchase of Far...tEasement Enclosed for your records please find the following: 1) Transmittal Letter from Stewart Title enclosing the following: a) b) Final Closing Statement Check in the amount of $28.21 as a refund for excess recording fees. (The check is enclosed with John's copies and should be credited to account no. - the account the check was drawn on for this purchase) 2) copy of Recorded Agreement for Perpetual Easement (The original of this Agreement is enclosed with the Clerk's memo for creating a property purchase file.) 3) Copy of Recorded Easement for Drainage Facilities (The original of this Easement is enclosed with the Clerk's memo for filing in the same property purchase file.) I apologize for the delay in getting these documents to you. you have any questions, please give me a call. If ¡ : \memos\wri ght.336 NORTHGATE OFFICE Northgale E'e,"ll,e Bolldlog " 9725 3cd A,euoe NE Solie 204 Seallle, Wa'hlo,tou 98115'2024 (206) 522,'4'0 Fa, (206)522'9526 I . SEATTLE OFFICE 1201 Thlcd AveQQe Solie 3800 Seattle, We'hlo,'oo 98101,3055 (2061622,1040 F.,(206)343,1358 BELLEVUE OFFICE 10801 Malo Siceel Solie 115 Bellevoe, W"hlu,too 9800H366 (206) 646,4155 Fa, (206) 646,4164 "A Tradition of Excellence" STEWART TITLE COMPANY OF WASHINGTON, INC September 25, 1995 f:? l:: ("'.... '..' t:c:: ! 1 /I- e;- ~ P',,) ci')~;:~:,~~' , THE CITY OF FEDERAL WAY ATTN: LONDI K. LINDELL 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003-6210 RE: Our Escrow Number: 52030404 FAR EAST INVESTORS/CITY FEDERAL WAY Dear Ms. Lindell: The above-referenced escrow transaction has been completed. enclose the following: We 1. 2. Closing Statement - RETAIN FOR TAX PURPOSES Check in the amount of $28.21 We appreciate this opportunity to have been of service to you. v~ Y¿x~ Candy Loeffelbein Escrow Assistant (206) 343-1343 crl Enc. 8/88 t, """"", "";,.,...~;";",,,,~.-,,,.c,...... ~! STEWARTE COMPANY OF WASHINGTON, INC. 1201 3RD AVENUE, Suite 3800 SEATTLE, WASHINGTON 98101 ~1~- CASe""""," '11< AND MADISON SEATTLE, WASHINGTON , 1250 """",~,-"",-,"""-----"--"-"- ESCROW NO. 52030404 09/25 195 42-00016412 >AY Twenty eight and 21/100 DOLLARS$ **28.21 TO THE CITY OF FEDERhL WhY THE 33530 1ST WhY SOUTH OR~:R FEDERhL WhY, Wh 98003-6210 ESCROW TRUST ACCOUNT ~~~ VOID AFTER 60 DAYS lI'l,nbl,~2l1' 1:~2S000021,1: b7~1,:I :I ~ :III' ,---,-~,,".." ",..."'..--.. ... . .--........-".---. STEWART TITLE COMPANY OF WASHINGTON, INC. ESCROW TRUST ACCOUNT DETACH AND RETAIN 11<IS STATEMENT. THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BElOW IF NOT CORRECT PLEASE NOTIFY us PROMPTlY NO RECEIPT DESIRED 42- 16412 09/25/95 File: 52030404 **28.21 42-00016412 SELLER: F~R EhST INVESTORS BUYER: THE CITY OF FEDERhL WhY hDDRESS: REFUND DUE BUYER/BORROWER I $28.21 I TITLE ORDER NUMBER: 269800-12 Date: 25--Sep-95 Time: 08M AM BUY E R (S) FIN A L C LOS I N G . S TAT E MEN T -------------------------------------------------------------------------------- Prepared by STEWART TITLE COMPANY OF WASHINGTON, INC. 1201 THIRD AVENUE WASHINGTON MUTUAL TOWER, SUITE 3800 SEATTLE, WASHINGTON 98101-3055 (206) 622-1040 OR 1-800-634-5544 Buyer(s)......: Seller(s).....: Lender........: Property......: Closing date..: File Number...: THE CITY OF FEDERAL WAY FAR EAST INVESTORS 09/22/1995 52030404 Proration date: 09/22/1995 -------------------------------------------------------------------------------- DEBIT CREDIT -------------- -------------- SALES PRICE...................................... 132,358.62 DEPOSITS: ADDITIONAL DEPOSIT FROM BUYER.................... REMITTER: THE CITY OF FEDERAL WAY 133,982.74 PRORATIONS: COUNTY TAXES - 2ND 1/2 @ 100 %................... from 09/22/95 to 01/01/96 @ $ 3.90090 per day 14.3 % OF 2ND 1/2 TAX............................ from 09/22/95 to 01/01/96 @ $ 2.65307 per day ESCROW CHARGES: ESCROW CHARGES................................... 393.99 267.96 822.32 TITLE CHARGES: OWNER'S TITLE POLICY............................. Liability amount (OTP) $132,358.62 PAYEE...: STEWART TITLE OF WASHINGTON 75.74 RECORDING FEES/TRANSFER CHARGES: RECORDING FEES ESM amount $35.90................. PAYEE...: STEWART TITLE OF WASHINGTON 35.90 .......................................SUBTOTALS: ............................BALANCE DUE TO BUYER: ..........................................TOTALS: 133,954.53 28.21 133,982.74 133~982.74 133,982.74 -------------------------------------------------------------------------------- STEWART TITLE OF WASHINGTON, INC BY: