HomeMy WebLinkAbout2009 - Sanitary Sewer Agreement - Phimviengkham Rathida - 20090421000235 Return Address:
City Of Tukwila
City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
20090421000235 11829 44th Place South
CITY OF TUKWIL AG 46.00
PAGE061 OF 005
KINGIT 7
COUNTY, WA
Above this line reserved for recording information.
SANITARY SEWER AGREEMENT
Joint Side Sewer Hold Harmless Agreement
(PW09 -019 L08 -064)
Reference (if applicable): N/A
Grantor: Rathida Phimviengkham
Grantee: Rathida Phimviengkham
Beneficiary: City of Tukwila
Legal Description/STR: Portion of SW' /4 of the NE '/4, Sec. 10, T23N, R4E, W.M.
Assessor's Tax Parcel ID No: 334740 -0991
LEGAL DESCRIPTIONS
Parent Parcel
Lots 3, 4, 5 and the North 20 feet of Lot 6, Block 5, C.D. Hilmans Meadow
Gardens Addition to the City of Seattle, Division No. 1, according to the plat
thereof recorded in volume 12 of plats, at page 64 in the records of King County,
Washington; except the West 140 feet thereof, situate in the County of King, State
of Washington.
Parcel 1
Lots 3 and 4, Block 5, C.D. Hilmans Meadow Gardens Addition to the City of
Seattle, Division No. 1, according to the plat thereof recorded in volume 12 of
plats, page(s) 64, records of King County, Washington; except the South 1 foot of
Page 1 of 5
Joint Sanitary Side Sewer Agreement
Lot 4; and except the West 140 feet thereof, situate in the County of King, State of
Washington (a.k.a.) Lot 1 of City of Tukwila short plat no. L08 -064.
Parcel 2
Lot 5, the South 1 foot of Lot 4, and the North 20 feet of Lot 6, Block 5,
C.D. Hilmans Meadow Gardens Addition to the City of Seattle, Division No. 1,
according to the plat thereof recorded in volume 12 of plats, page(s) 64, records of
King County, Washington; except the West 140 feet thereof, situate in the County
of King, State of Washington (a.k.a.) Lot 2 of City of Tukwila short plat no. L08-
064.
This Agreement made and entered into this 27 day of March, 2009, by and
between the GRANTOR, Rathida Phimviengkham, an individual, owner of Parcel 1, and
the GRANTEE, Rathida Phimviengkham, an individual, owner of the Parcel 2 and their
heirs, successors and assigns. Hereinafter referred to as the GRANTOR and the
GRANTEE respectively.
WHEREAS, the GRANTOR and GRANTEE have 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 1 and 2 as described above; and
WHEREAS, Parcel 1 and Parcel 2 share a common side sewer located within the
City Right -of -Way of 44 Place South, and
WHEREAS, Parcel 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.
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 44th Place South. Site
location map with sketch of sanitary side sewer location attached as Exhibit `A', and
incorporated herein by this reference.
Page 2 of 5
Joint Sanitary Side Sewer Agreement
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, GRANTOR 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, 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.
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.
Page 3 of 5
Joint Sanitary Side Sewer Agreement
IN WITNESS WHEREOF, said individual has caused this instrument to be executed this
day of hrC 2009.
P-c44 A P h T" a+v\--.
Grantor Grantee Property Owner
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that WLthl
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 0-a 7 /0
A.
too
=G t'►`� Notary Public in and for the State of Washington
residing at 7�x X v; JGA
vi .o s My appointment expires C75 r7� C�
/11,/tt10 WAS
Page 4 of 5
Joint Sanitary Side Sewer Agreement
EXHIBIT `A'
SITE MAP WITH DEPICTION OF
JOINT SANITARY SIDE SEWER LOCATION
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TL 334740 -0991
RATHIDA 2 LOT SHORT PLAT
Page 5 of 5
Joint Sanitary Side Sewer Agreement