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Home My WebLink About2004 - Joint Side Sewer and Hold Harmless Agreement - Doak Homes - 2004012000005920040120000059 12232 43rd Avenue South Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): Sanitary Sewer Agreement (Joint Side Sewer Hold Harmless Agreement) Parties: City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Other: Legal Description: 0179000308 Last Doak Homes, Inc. Company Name (if business) 11812 26 Ave. SW Address Burien, WA 98146 City Assessor's Property Tax ParceUAccount Number(s): rF;+�"�,: crm FEB as mop First Initial State Zip A Portion of the SW '/4 of the SE 'A Sec. 10, T.23N., R.4E., W.M., (a.k.a.) Lot 11, Block 2, Allentown Addition to the City of Seattle, according to the plat recorded in Vol. 12 of plats, page 100, records of King County, WA. Return Address: City Of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Joint Sanitary Side Sewer Agreement Page 1 of 7 Reference (if applicable): N/A Grantor: City of Tukwila Grantee: Doak Homes, Inc. Beneficiary: N/A Legal Description/STR: Portion of NW of the SE Sec. 10, T23N, R4E, W.M. Assessor's Tax Parcel ID 017900 -0308 LEGAL DESCRIPTIONS Above this line reserved for recording information. SANITARY SEWER AGREEMENT Joint Side Sewer Hold Harmless Agreement (D03 -171) Parcel 1 Lot 10, Block 2, Allentown Addition to the City of Seattle, according to the plat recorded in volume 12 of plats, page 100, records of King County, Washington. Parcel 2 Lot 11, Block 2, Allentown Addition to the City of Seattle, according to the plat recorded in volume 12 of plats, page 100, records of King County, Washington. This Agreement made and entered into this day of Nov. 2003, by and between the GRANTOR, City of Tukwila, a Municipal Corporation of King County, Washington, owner of Parcel 1, and Doak Homes, Inc., a Washington State Corporation, GRANTEE, owner of the Parcel 2 and its 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 43 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 43 Ave. South. Site location map attached as Exhibit `A -1', and sketch of sanitary side sewer location attached as Exhibit `A -2' 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, its heirs, successors and assigns, and shall be binding upon, GRANTEE, GRANTOR, its 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 Joint Sanitary Side Sewer Agreement Page 2 of 7 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 7 DATED this I7 day of 411 L%/L- <'2003. GRANTEE: CITY OF TUKWILA r d,utnvy, Mayor ATTEST: STATE OF WASHINGTON ss. County of King On this 7 day of Ake/nom 20 03 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared S'e'an M At liit(. and Jane. E. C nttb known to me to be the Mayor and City Clerk, respectively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Joint Sanitary Side Sewer Agreement Page 4 of 7 tna e NOTARY PUBLIC in and for the Sta of Washington, resi ing at IN WITNESS WHEREOF, said individual(s) have/has caused this instrument to be executed this i 3 day of ko eta' e 2003. STATE OF WASHINGTON) )ss. County of King Joint Sanitary Side Sewer Agreement Page 5 of 7 Authorized Signature I certify that I know or have satisfactory evidence that //74k y� C Do s7 re is the person who appeared before me, and said pet/son acknowledged that he /she signed this instrument, on oath stated that he /sloe was authorized to execute the instrument and acknowledged it as the Rr s —t.-R of P tt- k-twCS mac_ a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated It' 3 \O3 Lc�xv�f�— Notary Public in and for the State of Washington residing at CotA—c My appointment expires s- 1 -Cr\ Joint Sanitary Side Sewer Agreement Page 6 of 7 EXHIBIT `A -1' SITE LOCATION MAP N TU L02 -018 20020621000935 136 496 30 0 1 8032* .163an. e T er tn 2 131.75, 30 IIsI 1 1 m �4 3'> }Sp 63 1 41 6975* •195•. 25 N 4 8 153.26 95780 0020 7 6660* L X41 14 0030 8 149:02 I.Z275* x'12 8500* 140.53 0060 13• 3¢1/1 --•14 4* ia6 2p 830 0070 18• 144.16 '._1e 8050 432.03 C083 17. 1211'.91 1_18 9100* 997 97 0080 300041::', 020 3000* n 02c5n 300 ,391 30004 2 061 3000 A n .1 20 ;�7.'1 22 75b00 t)5 S 124TH ST Si0 "47 13� 3000.::'' 70000 43 0220 e 3000 373000t 0188 44 63000 4h. 36 n 34 6000!0' V) 1;31 4500* 1160 283000 34500 ce 0131 0 25 25 •:i t nkz 144 2R :414g 1:•" 6000 *5 0230 3000* 0240 30004 8 0245 30 1" n 8 12000.5 9 0265 14'0300 %5600045 le' 6000115 X17 0290 .18 4000 *5 4'Q 0.56 i i.7 h7 °16'20 21132 23y m 5b00* D 50b0 *s 5040S 90Q1 c i 0144 125(1.125 0 320 0330 0 9a i" n 1 23 25 1 O.5 :.2 M 24 EXHIBIT `A -2' DEPICTION OF JOINT SANITARY SIDE SEWER LOCATION N m „1 s.- CI A YM3 pj ,t3AY .4 .....1 f es J AYM3A1a0 13 wrincel AVM3n,a0 AVM3Ai80 ss i A Joint Sanitary Side Sewer Agreement Page 7 of 7 Ss IG wan 13nvw r 4 N AYM3n1210� 1re xdsY 8311