HomeMy WebLinkAbout2008 - Joint Side Sewer Easement and Agreement - Hutchinson Todd / Hutchinson Lynette - 20080703000785Return to:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
20080703000785
CITY OF TUKUIL EAS 89 00
07/03/2008 OF 008
07/03/2008 12:07
KING COUNTY, WA
Above this line reserved for Recorder's use
JOINT SIDE SEWER EASEMENT AND AGREEMENT
Grantor: Todd and Lynette Hutchinson
Grantee/Beneficiary: Sharon Westby
Document Reference Number(s):
Section/Township /Range: SW- 14 -23 -4
Assessor's Tax Parcel Number(s): 167040 -0234, 167040 -0235
Abbreviated Legal Description:
Lot A Colegroves Acre Tracts North 80 Feet Hutchinson Parcel
Lot B Colegroves Acre Tracts Less North 80 Feet Westby Parcel
EXCISE TAX NOT REQUIRED
King Co. Reo9rds
Dkvto H M OD
Page 1 of 6
WHEREAS, the GRANTEE has requested a variance to Tukwila Municipal
Code Title 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 agreement and a hold harmless agreement
between the GRANTOR and the GRANTEE, owners of Lot A and Lot B; and
WHEREAS, Lot A and Lot B share a common side sewer; and
WHEREAS, Lot A and Lot 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 day of 3 um 2009
by and between Todd and Lynette Hutchinson, GRANTORS, owners of Lot A and
his /her /their heirs, successors and assigns, and Sharon Westby, GRANTEES,
owners 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 Colegroves Acre Tract North 80 Feet
Lot B Colegroves Acre Tract Less North 80 Feet
Page 2 of 6
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 GRANTEE and the GRANTOR 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
A.
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 /their /its heirs, successors and assigns.
Page 3 of 6
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 6
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GRANT
By: C ��+i�/
Date: 6
STATE OF WASHINGTON
COUNTY OF KING
On this G day of N/ ()n-( 200 before me a Notary Public in and for
the State of Washington, personally appeared
T i
c& r c d /nscn and At- p net re tichnso 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.
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Name:
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GRANTOR
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Date: G j' £O
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NOTARY PUBLIC, in and for the State of
Washington, residing at
My commission expires:
Page 5 of 6
GRANTEE GRANTEE
BY-��t 1ZLr) /mot// By:
Date: S —O 2 Date:
STATE OF WASHINGTON
COUNTY OF KING
ss.
On this day of 11ktc- 200 S, before me a Notary Public in
and for the State of Washington, personally appeared
6hai'cn Wesi-13 0_2;1 IS 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.
Page 6 of 6
CCC.c.c4 OCt --(r
Name: kLtr1 -e ,'t (-cleric
NOTARY PUBLIC, in and for the State of
Washington, residing at
My commission expires: 05 0-lO