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Home My WebLink About2015 - Sanitary Sewer Agreement - Kent Patrick - 20150401002079 Return Address: City Of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila,WA 98188 01101 111 111 1 11 011 II 20150401002079 CITY OF TUKWIL AG 76.00 PAGE-001 OF 005 04/01/2015 16:14 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER AGREEMENT Joint Side Sewer&Hold Harmless Agreement (PW14-0170) Reference#(if applicable): Grantor: Patrick Kent Grantee: Partick Kent Beneficiary: N/A Legal Description/STR: Portion of NE 1/4 of the NW 1/4,Sec.23,T23N,R4E, W.M. Assessor's Tax Parcel ID#: 336590-0505 LEGAL DESCRIPTIONS Parcel A Lot 17, Block 5, Hillman's Seattle Garden Tracts, According to the Plat recorded in Volume 11 of Plats, Page 24, in King County,Washington, Except the North 17 feet thereof and except that portion described as follows: Beginning at the Southwest corner of said Lot 17, thence North 89°26'10" East, along the South line of said Lot 17, a distance of 75.79 feet; thence North 01°33'18" West, a distance of 18.86 feet; thence North 00°02'09"West, a distance of 67.10 feet to the South line of the North 17 feet of said Lot 17, thence South 89°25'21"West along said South line, a distance of 75.87 feet to the West line of said Lot 17; thence South 00°25'28" East along said West line, a distance of 86 feet more or less to the Point of Beginning. All situated in the Northeast Quarter of the Northwest Quarter of Section 23; Township 23 North; Range 04 East; W.M., King County,Washington; Joint Sanitary Side Sewer Agreement Page 1 of 5 Parcel B Beginning at the Southwest corner of said Lot 17, Block 5, Hillman's Seattle Garden Tracts, According to the Plat recorded in Volume 11 of Plats, Page 24, in King County, Washington, thence North 89°26'10" East, along the South line of said Lot 17, a distance of 75.79 feet; thence North 01°33'18"West, a distance of 18.86 feet; thence North 00°02'09"West, a distance of 67.10 feet to the South line of the North 17 feet of said Lot 17, thence South 89°25'21" West along said South line, a distance of 75.87 feet to the West line of said Lot 17; thence South 00°25'28" East along said West line, a distance of 86 feet more or less to the Point of Beginning. All situated in the Northeast Quarter of the Northwest Quarter of Section 23; Township 23 North; Range 04 East; W.M., King County,Washington; This Agreement made and entered into this 13th day of March, 2015, by and between the GRANTOR, Patrick Kent, an individual, owner of Parcel A, and Patrick Kent, an individual, GRANTEE, owner of the Parcel B and their heirs, successors and assigns. Hereinafter referred to as the GRANTOR and the GRANTEE respectively. WHEREAS, the GRANTEE has requested a variance to Tukwila City Code 14.12.150, for the establishment of a single side sewer to service two single family residences; and WHEREAS, the City of Tukwila has granted this variance conditioned upon the recording of a joint side sewer and hold harmless agreement between the GRANTOR and the GRANTEE, owners of Parcel A and Parcel B as described above; and WHEREAS, Parcel A and Parcel B share a common side sewer located within the City Right-of-Way of 57th Ave. South,and WHEREAS, Parcel A and Parcel B,have the potential to impact the flow of wastewater from the structures located upon three parcels, such that damages may result to either parcel from the other. The GRANTOR and the GRANTEE do hereby agree as follows: Joint Sanitary Side Sewer Agreement Page 2 of 5 JOINT SIDE SEWER 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, located within the City Right-of-Way of 57th Ave. South. Sketch of sanitary side sewer location attached as Exhibit`A' and incorporated herein by this reference. 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. 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. 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. 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, its heirs, successors and assigns, and shall be binding upon, GRANTEE,GRANTOR, its heirs, successors and assigns. HOLD HARMLESS The GRANTEE agrees 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, GRANTEE agrees 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. THIS AGREEMENT is given without cash consideration, and is for the purpose of legally establishing an understanding for the use of a single side sewer to serve two parcels. 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. Joint Sanitary Side Sewer Agreement Page 3 of 5 IN WITNESS WHEREOF, said individual has caused this instrument to be executed this 1/Z day of Pi ckl , 2015. Grantor/Grantee/Authorized Signature STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that PATRICK KENT is the person who appeared before me, and said individual acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Ma Dated 1 !a rd L (3. ) '1 4--L,L/er/f Not y ublic in and for the State of Washington residing at My appointment expires OS" LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 29,2018 Joint Sanitary Side Sewer Agreement Page 4 of 5 • EXHIBIT `A' DEPICTION OF JOINT SANITARY SIDE SEWER LOCATION SS CLEANOUT TOP 242.5 (MATCH EX.) CONNECT TO EX. SS LINE N (SEE NOTE 1)_ ___ I N N EX. SEWER SERVICE . _ -- -r t • ss w '!►`21 � ;' — --r TC Tr . IEW TC --PTC_—_-E___'� _— ` — .i g ce N co IP CB#1, TYPE 1 a . s TOP 234.0 (MATCH EX.) b° I Ili pp-. ---z-T-_______3_____. % DRY UTILITY 6° IE 228.74 < TRENCH EX. 8" IE 228.57° ill ,. I 'a ' ; N , (SEE NOTE 3) . ° a �' N J —mil j A N EX. CB TYPE I %.J+cr.i RIM 233.4 til C/ �' 4" PVC IE 230.0 (S/SW) _ N 8" CONC. IE 229.5 (S) a NTS 8" CONC. IE 229.4 (N) ..i ® rI I 10 ° I to a N I la 1 I N N r- jh -, Joint Sanitary Side Sewer Agreement Page 5 of 5