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Home My WebLink About2010 - Sanitary Sewer Agreement - Wu Yong Chun - 20100820001395 Return Address: City Of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 20100820001395 CITY OF TUKWIL AG 65.00 PAGE -001 OF 004 08/20/2010 14:49 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER AGREEMENT Joint Side Sewer Hold Harmless Agreement (L07 -033 D08 -471 D08 -472) Reference (if applicable): N/A Grantor: Yong Chun Wu Grantee: Yong Chun Wu Beneficiary: City of Tukwila Legal Description /STR: Portion of NE '/4 of the SE 4, Sec. 10, T23N, R4E, W.M. Assessor's Tax Parcel ID 017900 -1435 017900 -1436 LEGAL DESCRIPTIONS Parcel A Lot 18 and the North 30 feet of Lots 19, 20, 21, and 22, all in Block 7, Allentown Addition to the City of Seattle, according to the plat thereof recorded in volume 12 of plats, page 100, records of King County, Washington. (a.k.a. Parcel A of City of Tukwila BLA no. L07 -033). Parcel B The South 70 feet of Lots 19, 20, 21, and 22, all in Block 7, Allentown Addition to the City of Seattle, according to the plat thereof recorded in volume 12 of plats, page 100, records of King County, Washington. (a.k.a. Parcel B of City of Tukwila BLA no. L07 -033). This Agreement made and entered into this 5 Z,2, day of A kA 2010, by and between the GRANTOR, Yong Chun Wu, an individual, owner of Parcel A, and GRANTEE, Yong Chun Wu, an individual, owner of the Parcel B and their heirs, successors and assigns. Hereinafter referred to as the GRANTOR and the GRANTEE respectively. Joint Sanitary Side Sewer Agreement 1 of 4 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 buildings; 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 Parcels A and B as described above; and WHEREAS, Parcel A and Parcel B share a common side sewer located within the City Right -of -Way of 48` Ave. South, and WHEREAS, Parcel A and B, 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. The GRANTOR and the GRANTEE do hereby agree as follows: 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 48th Ave. South. Site location map with 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, their heirs, successors and assigns, and shall be binding upon, GRANTEE, GRANTOR, their 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, Joint Sanitary Side Sewer Agreement 2 of 4 costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including reasonable attorney's fees, arising from or in any way connected with properties. 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. IN WITNESS WHEREOF, said individual have caused this instrument to be executed this day of ')AA 2010. lira' r Grantee Property Owner STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that 7O rUA C_Gt 0 W uk 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. Dated I'Ar 'Y- a F !y� ��r� Notary Public -ano for the State of Washington pIA �'i residing at l c- fCw I t� My appointment expires cSld i /i v �O„ WASN��`� Joint Sanitary Side Sewer Agreement 3 of 4 12254 48th Avenue South / 12258 48th Avenue South EXHIBIT `A' SITE MAP WITH DEPICTION OF JOINT SANITARY SIDE SEWER LOCATION i PARCEL `A' 12254 (JOINT SIDE SEWER) TA. 1599.8 EPTH=4V j S.S.M.H. #1334 -468 j STA. 15 +99.8, W d PARCEL `B' 00 i 12258 l w 12" of r S.124 TI STREET Joint Sanitary Side Sewer Agreement 4 of 4