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Home My WebLink About2004 - Joint Utilities Easement and Side Sewer Agreement - Caruthers Ralph / Caruthers Patricia / Caruthers Jesse - 2004111000163420041110001634 Return to: Ms. Patty Caruthers 11853 44 Ave South Tukwila, WA 98178 Above this line reserved for Recorder's use JOINT UTILITIES EASEMENT AND SIDE SEWER AGREEMENT Grantor: Ralph Caruthers and Patricia Caruthers, Husband and Wife Grantee /Beneficiary: Jesse Caruthers, an Individual Document Reference Number(s): City of Tukwila Short Plat # L04 -035, KC Recording # Quit Claim Deed, KC Recording # Section/Township/Range: SW 1 /4, NE %, Section 10, Township 23 North, Range 4 East, W.M. Assessor's Tax Parcel Number(s): 334740 - 0490 -05 Abbreviated Legal Description: Lt 93 and ptn Lts 92 and 94, BIk 2, Hillman's Meadow Garden Vo112/64. EXCISE TAX NOT REQUIRED g Co. Records Division Deputy Page 1 of 6 WHEREAS, the GRANTEE has requested a variance to Tukwila Municipal Code for the establishment of a single side sewer to service two buildings; l4" and WHEREAS, the City of Tukwila has granted this variance conditioned upon the recording of a joint side sewer agreement and a hold harmless agreement between the GRANTOR and the GRANTEE, owners of Lots 1 and 2 as described below; and WHEREAS, Lot •1 and Lot 2 share a common side sewer located within the easement described below; and WHEREAS, Lots 1 and 2 have the potential to impact the flow of wastewater from the structures located upon both parcels, such that damages may result to either parcel from the other. This Agreement made and entered into this )-q day of 0 c+. , 2004, by and between Ralph Caruthers and Patricia Caruthers, husband and wife, GRANTORS, owners of Lot 2 and their heirs, successors and assigns, and Jesse Caruthers, an individual, GRANTEE, owner of Lot 1 and his heirs, successors and assigns. Hereinafter referred to as the GRANTOR and the GRANTEE respectively. 1. LEGAL DESCRIPTIONS Lot 1 The north half of Lot 92, ALL of Lot 93 and the south half of Lot 94, Block 2, Hillman's Meadow Gardens, Division Number 1, according to the plat thereof recorded in Volume 12, of plats, page 64, in King County, Washington (Lot 1 of City of Tukwila Short Plat Number L04 -035). Lot 2 The east 150.00 feet of the north half of Lot 92, ALL of Lot 93 and the south half of Lot 94, Block 2, Hillman's Meadow Gardens, Division Number 1, according to the plat thereof recorded in Volume 12, of plats, page 64, in King County, Washington (Lot 2 of City of Tukwila Short Plat Number L04 -035). Utilities Easement The north 7.00 feet of the south 20.00 feet of the east 150.00 feet of said Lot 94. (See City of Tukwila Short Plat Number L04 -035 for depiction of lots and easement) Page 2 of 6 2. JOINT SIDE SEWER A. The GRANTOR and the GRANTEE shall be solely responsible for the maintenance and repair of the sewer line running from the structures on their parcels to the joint hookup connection. B. Both the GRANTOR and the GRANTEE shall be jointly responsible on an equal 50/50 basis for the maintenance, operation, and repair of the shared side sewer lateral that extends sewer service from the City of Tukwila's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. C. Both the GRANTOR and the GRANTEE shall be jointly responsible on an equal 50/50 basis for damages that may occur upon said properties due to improper maintenance, operation or repair of the shared side sewer lateral that extends sewer service from the City of Tukwila's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. D. The GRANTEE and the GRANTOR shall have the right to establish a backwater valve upon their private individual side sewer to protect against sewage backups. E. This Section is an appurtenant to this Agreement and shall run with the land; and the terms thereof shall be for the benefit of the GRANTEE, GRANTOR, his /her /their /its heirs, successors and assigns, and shall be binding upon, GRANTEE, GRANTOR, his /her /their /its heirs, successors and assigns. 3. UTILITIES EASEMENT A. The GRANTOR, as owner of Lot 2, does hereby grant, convey, set over assign to the GRANTEE, as owner of Lot 1, a utilities easement over, across, along, in, upon and under the real property as described under Legal Descriptions on Page 1 of this document for the use and benefit of Lot 1. B. GRANTEE shall have the obligation to maintain the granted easement and to restore the easement to its prior condition if any excavation or other disruption occurs in the use of the easement by the GRANTEE. C. This easement is an easement appurtenant, and shall run with the land; and the easement and terms thereof shall be for the benefit of the GRANTEE, and his heirs, successors and assigns, and shall be binding upon GRANTOR, and their heirs, successors and assigns. Page 3 of 6 4. HOLD HARMLESS A. The GRANTEE and GRANTOR agree to hold harmless, indemnify and defend the CITY OF TUKWILA, its officials, members, employees, and agents from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including reasonable attorney's fees, arising from or in any way connected with any claim or cause of action including, without limitation, the properties to the fullest extent permitted by law. Furthermore, B. GRANTEE and GRANTOR agree to indemnify, hold harmless and defend the CITY OF TUKWILA from and against any liabilities, penalties, costs, losses, damages, expenses, causes of action, claims demands or judgments, including, reasonable attorney's fees, arising from or relating to any third party claim which challenges GRANTEE'S and GRANTOR'S right to execute and deliver this Agreement. 5. THIS AGREEMENT is given without cash consideration, and is for legally establishing an understanding for the use of a single side sewer to serve two parcels. 6. THIS AGREEMENT shall be a covenant running with the above - described real properties and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Page 4 of 6 GRANTOR By: Ralph Ca thers Date: //2/ o STATE OF WASHINGTON COUNTY OF KING On this c day of , 2004, before me a Notary Public in and for the State of Washington, personally appeared Ralph Caruthers and Patricia Caruthers, husband and wife, to me known to be the individuals that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individuals, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Na NOT ss. My commission expire Page 5 of 6 GRANTOR By: ? CJ 6L % Patricia Caruthers Date: /d /cZ 9/0 al I PAW", 4 IC, in and for the State of Washin ton residing& yi GRANTEE By: t f; - Jesse Caruthers Date: /0/29/07 STATE OF WASHINGTON COUNTY OF KING ss. On this of.1 te ti day of , 2004, before me a Notary Public in and for the State of Washington, personally appeared Jesse Caruthers, an individual, to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Na NOT Washingto Page 6 of 6 LIC, in and for the State of My commission expires: 49i.,� /-5 .40'7