HomeMy WebLinkAbout2009 - Sanitary Sewer Agreement - Doak Homes Inc - 20090310001060Return Address:
City Of Tukwila
City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
amp
Above this line reserved for recording information.
SANITARY SEWER AGREEMENT
Joint Side Sewer Hold Harmless Agreement
(L08 -042)
Reference (if applicable): N/A
Grantor: Doak Homes, Inc.
Grantee: Doak Homes, Inc.
Beneficiary: City of Tukwila
Legal Description/STR: Portion of NE 1/4 of the SE Sec. 10, T23N, R4E, W.M.
Assessor's Tax Parcel ID Nos: 017900 -1755 017900 -1756
LEGAL DESCRIPTIONS
Parcel 1
Lot 41 and the North half of Lot 40, Block 8, 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. Lot A of City of Tukwila short plat no.
L08 -042.
Parcel 2
Lot 39 and the South half of Lot 40, Block 8, 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. Lot B of City of Tukwila short plat no.
L08 -042.
Joint Sanitary Side Sewer Agreement
Page 1 of 5
This Agreement made and entered into this 26 day of February, 2009, by and
between the GRANTOR, Doak Homes, Inc., a Washington State Corporation, owner of
Parcel 1, and the GRANTEE, Doak Homes, Inc., a Washington State Corporation, 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 50 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 50th 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.
Joint Sanitary Side Sewer Agreement
Page 2 of 5
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.
Joint Sanitary Side Sewer Agreement
Page 3 of 5
IN WITI SS WHEREOF, said individual have caused this instrument to be executed
this a 6' day of _��e r te, 2009.
Joint Sanitary Side Sewer Agreement
rant t Property Owner
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that 012-1‹ ta
is the person who appeared before me, and said pers n acknowledged that
he signed this instrument, on oath stated that was authorized to execute4he instxi ent
and acknowledged it as the b j t9vi, of boa_
t/z2Z5 a corporation, to be the free and voluntary
act of such party for the uses and purposes mentioned in this instrument.
Dated oRia� jog
VSttAi StO C)
Notary in and for the State o
Washington 4 of 5
Not y ashington
residing at `rt.-1_4W i k A
My appointment expires 10 11 `a-0l
co
EXHIBIT `A'
SITE MAP WITH DEPICTION OF
JOINT SANITARY SIDE SEWER LOCATION
EXISTING LOT UN
S5917'24"E
100.00
10' ESMT FOR SIDE SE R,
UTILITIES AND DRAI GE
LOT A >I
100'
ES
S8977'24 "E
100'
Joint Sanitary Side Sewer Agreement
LOT B
PROPOSED LOT ONES
U
S8997'24"E
100.00'
Page 5 of 5
4
N
4
3
3
3