HomeMy WebLinkAbout2007 - Joint Side Sewer and Hold Harmless Agreement - Dunaway James - 20070827000285Return Address:
City Of Tukwila
City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
LEGAL DESCRIPTIONS
Joint Sanitary Side Sewer Agreement
1 of 4
110 0 I 0001 I
20070827000285
JAMES DUNAWYA AG 43.00
PAGE001 OF 003
08/27/2007 09:47
KING COUNTY, WA
Above this line reserved for recording information.
SANITARY SEWER AGREEMENT
Joint Side Sewer Hold Harmless Agreement
(L07 -028)
1
i
Reference (if applicable): N/A
Grantor: James Dunaway
Grantee: James Dunaway
Beneficiary: City of Tukwila
Legal Description/STR: Portion of SE 'A of the SW ''A, Sec. 14, T23N, R4E,
W.M.
Assessor's Tax Parcel ID 336590 -0345
Parcel 1
Portion of Lots 18 19, Block 4, Hillman's Seattle Garden Tracts, according to the
plat thereof recorded in volume 11 of plats, page 24, records of King County,
Washington; a.k.a. Lot 1 of City of Tukwila short plat no. L07 -028.
Parcel 2
Portion of Lots 17 18, Block 4, Hillman's Seattle Garden Tracts, according to the
plat thereof recorded in volume 11 of plats, page 24, records of King County,
Washington; a.k.a. Lot 2 of City of Tukwila short plat no. L07-028.
This Agreement made and entered into this a /�>+�r
7 day of k5-1L 2007, by and
between the GRANTOR, James Dunaway, an individual, owner of Parcel 1, and GRANTEE,
James Dunaway, 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 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 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 57 Ave. 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 57th 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.
Joint Sanitary Side Sewer Agreement
2 of 4
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.
IN WITNESS WHEREOF said individual have caused this instrument to be executed
this fd day of c 2007.
STATE OF WASHINGTON)
)ss.
County of King
Joint3'dtf ,Side Sewer Agreement
3 of4
Gran
I certify that I know or have satisfactory evidence that
7 7 7
Grantee Property Qw ner
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 -4 1 to \c3-
t o iIk
Notary Public in and for the State of Washington
residing at xa-
My appointment expires S- f' -to