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HomeMy WebLinkAbout2016 - Sanitary Sewer Agreement - Rondos Sam N - 20160111000281Return Address: City Of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 EXCISE King By 20160111000281 CITY OF TUKWIL AG 77.00 .PAGE -001 OF 005 01/11/2016 09:53 KING COUNTY, WA T REQUIRED s Division , Deputy Above this line reserved or r- .rding information. 1 0 SANITARY SEWER AGREEMENT Joint Side Sewer & Hold Harmless Agreement (D15 -0226 / D13 -092 / L12 -020) Reference # (if applicable): N/A Grantor: Grantee: Beneficiary: Legal Description /STR: Assessor's Tax Parcel ID Nos: Sam N. Rondos Sam N. Rondos City of Tukwila Portion of NW ' of the SE' , Sec. 10, T23N, R4E, W.M. 017900- 0693/017900 -0696 LEGAL DESCRIPTIONS Parcel 1 LOT 4, EXCEPT THE NORTH 10.50 FEET; TOGETHER WITH ALL OF LOT 5; AND TOGETHER WITH LOT 6, EXCEPT THE SOUTH 5.25 FEET THEREOF; ALL IN BLOCK 4, PLAT OF ALLENTOWN ADDITION TO THE CITY OF SEATTLE; ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON. ALSO KNOWN AS LOT B, CITY OF TUKWILA, LOT CONSOLIDATION NO. L12 -020. Parcel 2 THE SOUTH 5.25 FEET OF LOT 6; TOGETHER WITH ALL OF LOTS 7 AND 8; ALL IN BLOCK 4, PLAT OF ALLENTOWN ADDITION TO THE CITY OF SEATTLE; ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON. ALSO KNOWN AS LOT C, CITY OF TUKWILA, LOT CONSOLIDATION NO. L12 -020. Page 1 of 5 Joint Sanitary Side Sewer Agreement This Agreement made and entered into this 21st day of December, 2015, by and between the GRANTOR, Sam N. Rondos, an Individual, owner of Parcel 1 and their heirs, successors and assigns, and the GRANTEE, Sam N. Rondos, 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 45th Ave. South, and WHEREAS, Parcel 1 and Parcel 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 45th 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. Page 2 of 5 Joint Sanitary Side Sewer Agreement 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 have caused this instrument to be executed this day of , 2015. e )1.69 a f1 Grantor / Gran ee / roperty Off% er STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Sam N. Rondos 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. LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 29, 2018 ame: aa1/_-(-e NOTARY PUBLIC, in and for the State of OS //V Washington, residing at My commission expires: Page 4 of 5 Joint Sanitary Side Sewer Agreement } I EXHIBIT `A' SITE MAP WITH DEPICTION OF JOINT SANITARY SIDE SEWER LOCATION 0 CATCH BASIN (TYPE I). EX. WATER MAID TEE EPIf1ELD \ERIFY) S' 0 U Ely, MAIN 10.0' PROP. 10' X 15' DRAINAGE EASEMENT JOINT SANITARY SIDE SEWER PROP. 6' X SEWER EASEL DEPTH =5.0' �� Q 589 30.0' 6" CLEAN OUT •ORC ry WATER METER 1. PROPOS FAMILY FFE: 8 REMOVE EX. TREE U BOX .—.' 1 1 1 w t . POWER ' OBE ,� t 1" WATER SERVICE LINE N EX. 12' , SD ^ driveway L i Existing Page 5 of 5 Joint Sanitary Side Sewer Agreement