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Home My WebLink About1998 - Water Utility Easement - Highline Water District / King County - 9809300363 RETURN ADDRESS highline water district water utility easement 3523049037 Plum prim neatly of type mlomnoon Document Title(s) C7 ,/ 02 - ' .Q. Lam. / /16.ri4.tA4.4/ M Reference Numbers(s) of related documents M O w G rantors) (List. nnl and Middle WWI) K/it/G 6944 NT� R P //7 4L 4icb J' /fJ &Q4f Grantee(s) (twat, Fla! and Middle initial) /7/(.7/4 /n/, /, i,ifit, /Jreicr Additional grantees on per — Legal Description (abbreviated form: I.e. ha, hick. pier or oration, township, range, auaiuhptarter) 3 Additioml legal n on page Assessor's Property Tax Parcel /Account Number j-502. fO 94 -37 Additional parcel re on page The AudltorIRecorder MU rely on the Iafominion provided m this form. "(be I of will me read the docrmaet to verify the accuracy or completeness of the Indexing tnfotmatlae provided had a. EXCISE TAX NOT REQUIRED Addition', Reference /'a on page Additional grantors on page ." • • • DUI 3/btuue BOW LAKE TRANSFER STATION UTILITY EASEMENT THIS AGREEMENT made this T day of 5 p krn be•r 1998 by and between King County, a political subdivision of the State of Washington, hereafter called the Grantor. and Highline Water District, hereafter called the Grantee. WITNESSETH • That for and in consideration of the Grantee extending water service to the Grantor, the Grantor does hereby grant unto the Grantee, its successors and assigns, an easement and right of way over, through, under, across, and upon the following described real property, situate in King 73 County. to wit: Q That portion of the SW 1/2 of the SW '/. of Section 35,.Township 23 North, Range 4 •East, W.M., Cr'' conveyed and quit - claimed to King County, Washington, by the State of Washington, by QUIT ; 7 0 CLAIM DEED recorded under Auditor's File No. 8107060294, records of said King County, Washington. TOGETHER WITH: That portion of the SW '/. of Section 35, Township 23 North, Range 4 East, W.M.. described as follows: BEG W COR TH S 87 -56-00 E 960 FT TH S 53 -24-59 W 727.57 FT TH S 38 -42 -02 E 114 FT TH S 04 -04-00 W 490 FT TH N 87 -57 -00 W 1238.31 FT TH N 05 -44 -13 E 1815.11 FT TO BEG LESS RDS LESS ST HWY. The Grantee's rights shall be only upon a 10 -foot easement, 5 feet of either side of the following described centerlines: See Schedule "A" attached. The aforesaid grant is made solely upon the conditions and limitations hereinafter contained and the Grantee, by its acceptance of the said grant, accepts such conditions and limitations, and agrees to the full, strict, and prompt observance and performance thereof: 1. purpose: Grantee shall have the right to construct, operate, and maintain the watermain. 2. Damages: In the event that any damage of any kind is caused by Grantee in the course of performing any act authorized by this easement, Grantee shall immediately reimburse the damaged party to the full extent necessary to restore said party to the position he would have held absent said damage. 3. Restoration After Installation: Following any construction, Grantee shall return the Grantor's property to its original condition by fixing any damage Grantee's construction caused to Grantor's property. including but not limited to property damage to slopes, shrubbery, Landscaping, fencing, roadway. or structures. • - • • • C) Go o DU 13/bltsue 5. 4. : Hold Harmless: Each part shall protect, defend, indemnify, and save harmless the other party. its officers, officials, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims judgements. and/or awards of damages arising out of or in any way resulting from each parry's own negligent acts or omissions. Each party agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees or agents. For this purpose, each party by mutual negotiation, hereby waives with respect to the other party only, any immunity that would otherwise by available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that tither party incurs any judgement, award and/or cost arising therefrom including attorney's fees to enforce the provisions of this Article, all such fees, expenses, and costs shall be recoverable from the responsible party to the extent of that parry's culpability. Hirin¢ and Emnglovment: In all hiring or employment made possible or resulting from this agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay -oft or termination, rates of pay or other forms of compensation, and selection of training including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from the agreement of the ground of sex, race, color, creed, national origin, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this agreement and shall be grounds for cancellation, termination, or suspension in whole or in part of the agreement by the Grantor and may result in ineligibility for further agreements. 6. Building Restrictions: Grantor hereby agrees that no building, wall rockery, trees, or structure of any kind shall be erected or planted, nor shall any fill - material be placed within the boundaries of said easement area. No excavation shall be made within three (3) feet of said water service facilities, and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. In the event that this provision is violated, the Grantee shall have the right to require removal of any such structure and same shall be accomplished within a reasonable period of time and at Grantor's expense. Failure of Grantee to so exercise its right to require removal shall not constitute waiver of this right. 7 . Emergency Situations: In the event of an emergency, Grantee shall take immediate steps to perform the necessary repairs, and in the event Grantee fails to • • • • DATE: 9/A:? DU 13/bllsue STATE OF WASHINGTON COUNTY OF KING )SS do so, Grantor may perform said necessary repairs at the sole cost and expense of Grantee, without any liability whatsoever on the part of the Grantor. 8. Other Aonlicable Laws: Grantee shall comply with all federal, state, and local laws, and assume all cost, expense, and responsibility in connection therewith, without any liability whatsoever on the part of the Grantor. 9. Termination and Abandonment: If the use of the easement on the premises described in this instrument for the purposes expressed herein shall be abandoned or discontinued, or if the Grantee violates any provision of this • instrument, the said easement shall thereupon cease and terminate, and Grantee shall surrender or cause to be surrendered to Grantor, its successors or assigns, the peaceable possession of the said described premises, and title to the said premises shall remain in Grantor or its successors or assigns, free and clear of all rights and CD claims of Grantee. The easement herein granted supersedes the easement granted by document recorded under Auditor's File No. 9511220918, records of said King County, Washington. 0'Z Q) : ' ' : • VED AS TO FORM: KING COUNTY, WASH�j4GTON BY: - ' BY: Z7 ' Deputy Prosecuting Attorney for the County Executive TITLE: Plapkr rviCd$ Manager �Gt vid Pre u schc - , who signed this instrument, on oath stated that s/he was authorized by the King County Executive to execute the instrument, and acknowledged it as the Manager of the Property Services Division of Department of Construction and Facilities of King County, Washington, to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal the day and year last above written. Signature of Notary ( J "Thompson Print or Stamp Name of Notary Notary Publicfpr the State of Washington, Residing at �el +aG My appointment expires: 11 - - 2000 • • Commencing at the southwest comer of said Section 35, Township 23 North, Range 4 East, Williamette Meridian, from which the west one - quarter corner of said Section 35 bears N. M 05 °44' 13" E. a distance of 2649.07 feet Cia Thence N. 58°02' I6"E., 370.70 feet to the True Point of Beginning of said centerline; Thence N. 37°28'34 "E., 160.00 feet; Thence N. 03°01'12" W., 417.58 feet; a) Thence N. 16 °15'37 "E., 97.00 feet; CZ Thence S. 88°26' 19 "E., 6.76 feet to a point hereinafter referred to as Point "A"; Thence N. 27°55'46"E., 303.50 feet; Thence N. 12°07'34" E., 53.41 feet; Thence N. 23°22'56" E., 305.83 feet; Thence N. 45 °52'56" E., 35.81 feet; Thence S. 83 °19'32" E., 300.67 feet; Thence S. 13 °44'57" E., 96.77 feet; Thence S. 25°01'00" W., 148.98 feet; Thence S. 73°04'21" W., 48.08 feet; Thence S. 25°02'46" W., 84.94 feet; Thence S. 39°53'00" W., 200.68 feet; Thence S. 75 °18'29" W., 102.72 feet; Thence S. 35 °18'40" W., 117.64 feet; Thence N. 88°26'20" W., 181.15 feet to the aforementioned point "A" and the terminus for said centerline. DUI3roiw,e • • SCHEDULE "A" EASEMENT CENTERLINE DESCRIPTION