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Home My WebLink About2009 - Sanitary Sewer Agreement - Dunaway James / Pederson Ted - 20090507001372Return Address: City Of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 LEGAL DESCRIPTIONS Joint Sanitary Side Sewer Agreement 11 1111111111110111 11 20090507001372 CITY OFK005 AG 46.00 05/07/2009 16:03 KING COUNTY, WA Above this line reserved for recording information. SANITARY SEWER AGREEMENT Joint Side Sewer Hold Harmless Agreement (L07 -028) 1 Reference (if applicable): N/A Grantor: Ted Pederson Grantee: James Dunaway Beneficiary: City of Tukwila Legal Description/STR: Portion of SE of the SW ''A, Sec. 14, T23N, R4E, W.M. Assessor's Tax Parcel ID Nos: 336590 -0346 336590 -0347 Parcel 1 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. Parcel 2 Portion of Lots 17, 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 3 of City of Tukwila short plat no. L07 -028. This Agreement made and entered into this 22nd day of April, 2009, by and between the GRANTOR, Ted Pederson, an individual, owner of Parcel 1, and the GRANTEE, James Dunaway, an individual, owner of the Parcel 2 and their heirs, Page 1 of 5 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. Joint Sanitary Side Sewer Agreement Page 2 of 5 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, 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 have caused this instrument to be executed this 2 day of 4 pie 1 2009. STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that Joint Sanitary Side Sewer Agreement Gr.. i or Property O ner antee Property Owner Page 4 of 5 STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that c1 vies -TX'nucua L4 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 wentioned in this instrument. Dated �y.\\� 9-W `j"sioJv"%' 2 C� i ri. �5 Notary Public in and for the State of Washington :u residing at �u/4 •lo, s N .o p J J M y a pp ointment expires L Z lO 9II 1 N OJ J l IN WI' ROF, said individual have caused this instrument to be executed this 2. day o 4-f e; i 2009. l Rester S c- ✓1 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 A-D; ..l\.\�rl L 1 r J am\ ;ON ekw t -C 4_ a C E t c'I 2 il�� lerl c. S-t AR L �y i residing at Notary Public in a d for the State of Washington ciri_chici So i My appointment expires 059-1'10 al 0 rr 0 /'i11 or 4 b®`` Joint Sanitary Side Sewer Agreement EXHIBIT `A' SITE MAP WITH DEPICTION OF JOINT SANITARY SIDE SEWER LOCATION 5.141 ST ST REET SCALE: 1" 50' Page 5 of 5