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Home My WebLink About2005 - Joint Side Sewer Easement and Agreement - Interstate Development Corp - 20050210001474Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor /Borrower: Grantee/Beneficiary: 111111111 200502100014 TUKWILii CITY 0 Ef+S 25.00 PAGE001 OF 007 KING COUNTY3 Above this line reserved for Recorder's use JOINT SIDE SEWER EASEMENT AND AGREEMENT Interstate Interstate Document Reference Number(s): Section/Township /Range: I Assessor's Tax Parcel Number(s): (Abbreviated Legal Description: NA Page Development, Corp. Development, Corp. 9805281133 Easement 03 -23 -04 547680 -0060, 547680 -0055 of 2 ENT'D MAR 2 8 2005 WHEREAS, the GRANTEE has requested a variance to Tukwila Municipal Code Chapter 14, 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 agreement and a hold harmless agreement between the GRANTOR and the GRANTEE, owners of Lots A and B as described below and depicted on Exhibit A; and WHEREAS, Lots A and B share a common side sewer located within the easement described below and depicted on Exhibit A; and WHEREAS, Lots A and B 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. This Agreement made and entered into this /-2 day of //O 200 by and between Interstate Development Corp., GRANTORS, owner of Lot A and his /her /their heirs, successors and assigns, and Interstate Development Corp., GRANTEES, owner of Lot B and his /her /their /its heirs, successors and assigns. Hereinafter referred to as the GRANTOR and the GRANTEE respectively. 1. LEGAL DESCRIPTIONS Lot A Tax #547680 -0060 That portion of Tract 8 of Merrick's Acre Tracts Division No. 2; as per plat recorded in Volume 12 of Plats, Page 47, in King County, Washington, lying westerly of the following described line: Beginning at a point on the south line of said Tract 8 which is 154.95 feet east of the southwest corner thereof and running north to the north line of said Tract 8 along a line which, if extended, would intersect the north line of Tract 7 in said plat at a point 155.025 feet east of the northwest corner of said Tract 7 and the terminus of said described line; except the south 10 feet of said portion of Tract 8 conveyed to King County for South 107 Street. Lot B Tax #547680 -0055 That portion of Tract 7, Merrick's Acre Tracts Division No. 2, according to the Plat thereof, recorded in Volume 12 of Plats, Page 47, in King County, Washington lying west of the following described line: Beginning at a point on the south line of said Tract 7 which is 155.03 feet east of the northwest corner of said tract and running thence southerly to a point 154.99 feet of the southwest corner of said tract and the terminus of said described line. Page Z of I" 2. JOINT SIDE SEWER A. 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. B. 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. C. 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. D. The GRANTOR and the GRANTEE shall have the right to establish a backwater valve upon their private individual side sewer to protect against sewage backups. E. 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, his /her /their /its heirs, successors and assigns, and shall be binding upon, GRANTEE, GRANTOR, his /her /their /its heirs, successors and assigns. 3. EASEMENT A. The GRANTOR, as owner of Lot A, does hereby grant, convey, set over assign to the GRANTEE, as owner of Lot B, an easement for ingress, egress and utilities over, across, along, in, upon and under the real property as described under Legal Descriptions on Page 1 of this document for the use and benefit of Lot B. B. GRANTEE shall have the obligation to maintain the granted easement and to restore the easement to its prior condition if any excavation or other disruption occurs in the use of the easement by the GRANTEE. C. This easement is an easement appurtenant, and shall run with the land; and the easement and terms thereof shall be for the benefit of the GRANTEE, and his /her /their /its heirs, successors and assigns, and shall be binding upon GRANTOR, and his /her /theirfits heirs, successors and assigns. Page 3 of Th 4. HOLD HARMLESS A. The GRANTEE and GRANTOR agree 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, B. GRANTEE and 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. 5. THIS AGREEMENT is given without cash consideration, and is for legally establishing an understanding for the use of a single side sewer to serve two parcels. 6. 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 4 of R_ rr p j i s'C 3r txbitbi c ZC� s ES GRA EE L GRANTEE B U By: Date: STATE OF WASHINGTON COUNTY OF KING 72 ,WI GG Date: ss. On this /7 day of A 2002', before me a Notary Public in and for tat9ffilfWashiflorypersonally appeared �v and to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Name: NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: /r 200 7-- Page 'e of 4 4.1; /?S' nc t%=‘2 i 4C /mil GRANTOR GRANTO y By: GC B Date: 11%-2 r STATE OF WASHINGTON COUNTY OF KING ss. On this /7 day of 200 before me a Notary Public in and for the otate of Washington, L p rsonally appeared .and Y'�" i s i p /f f 7mss .to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Name: J e NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: G" 0 Page of Date: