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Home My WebLink About2018 - Sanitary Sewer Agreement - Cary Lang Construction - 20180308001421TI+COR TITLE \ - 0 t S " Return Address: City of Tukwila City Clerk 6200 Southcenter Blvd Tukwila, WA 98188 N I IINI I IIhVI 111111! III 20180308001421 I i I i I i I i I i AGREEMENT Rec: $79.00 3/8/2018 3:51 PM KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1, Sanitary Sewer Agreement 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1 Cary Lang Construction TICOR TITLE COMPANY has placed 2 courtesy and accepts no liability for the document accuracy or validity of the Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. Cary Lang Construction 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1 & 2 City of Tukwila Shortplat No L-17-00661, Rec # 20180124900005 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 000300-0097, 000300-0099 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements Return Address: City of Tukwila City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Above this line reserved for recording information. SANITARY SEWER AGREEMENT Joint Side Sewer & Hold Harmless Agreement (D17-0174 / D18-0034 / L17-0061) Reference # (if applicable): N/A Grantor: Cary Lang Construction, Inc. Grantee: Cary Lang Construction, Inc. Beneficiary: City of Tukwila Legal Description/STR: Portion of NW 1/4 of the SW 'A, Sec. 14, T23N, R4E, W.M. Assessor's Tax Parcel ID#: 003000-0099 / 003000-0097 LEGAL DESCRIPTIONS Parcel 1 A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE WEST QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00°00'00" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, 468.41 FEET, TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF SOUTH 137rH STREET; THENCE NORTH 87°25'00" EAST, ALONG SAID EXTENSION OF CENTERLINE, 544.07 FEET TO AN ANGLE POINT OF SAID CENTERLINE; THENCE NORTH 74°04'00" EAST, ALONG SAID CENTERLINE, 135.48 FEET; THENCE NORTH 23°17'00" WEST, 15.12 FEET TO THE INTERSECTION OF THE NORTHERLY MARGIN OF SOUTH 137TH STREET WITH THE WESTERLY MARGIN OF 53RD AVENUE SOUTH; THENCE NORTH 23°17'00" WEST ALONG SAID WESTERLY MARGIN, 63.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 23°17'00" WEST ALONG THE WESTERLY MARGIN, 60.59 FEET; THENCE SOUTH 74°42'00" WEST 126.94 FEET; THENCE SOUTH 8°14'13" EAST 60.46 FEET; THENCE NORTH 74°42'00" EAST 142.79 FEET TO SAID WESTERLY MARGIN AND THE TRUE POINT OF BEGINNING. ALSO KNOWN AS LOT 2, CITY OF TUKIWLA SHORT PLAT NO. L17-0061. Joint Sanitary Side Sewer Agreement Page I of 5 Parcel 2 A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A THE WEST QUARTER CORNER OF SAID SECTION 14; THENCE SOUTH 00°00'00" EAST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, 468.41 FEET, TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF SOUTH 137TH STREET; THENCE NORTH 87°25'00" EAST, ALONG SAID EXTENSION OF CENTERLINE, 544.07 FEET TO AN ANGLE POINT OF SAID CENTERLINE; THENCE NORTH 74°04'00" EAST, ALONG SAID CENTERLINE, 135.48 FEET; THENCE NORTH 23°17'00" WEST, 15.12 FEET TO THE INTERSECTION OF THE NORTHERLY MARGIN OF SOUTH 137m STREET AND THE WESTERLY MARGIN OF 53RD AVENUE SOUTH AND THE TRUE POINT OF BEGINNING; THENCE NORTH 23°17'00" WEST, ALONG SAID WESTERLY MARGIN 63.92 FEET; THENCE SOUTH 74°42'00" WEST 142.79 FEET; THENCE SOUTH 8° 14' 13" EAST 59.08 FEET TO THE NORTHERLY MARGIN OF SAID SOUTH 137TH STREET; THENCE NORTH 87°25'00" EAST, ALONG SAID NORTHERLY MARGIN, 27.83 FEET TO AN ANGLE POINT IN SAID NORTHERLY MARGIN; THENCE NORTH 74°04'00" EAST, ALONG SAID NORTHERLY MARGIN, 131.79 FEET TO THE TRUE POINT OF BEGINNING. ALSO KNOWN AS LOT 1, CITY OF TUKIWLA SHORT PLAT NO. L17-0061. This Agreement made and entered into this day of 141 , -« . /1, 2018, by and between the GRANTOR, Cary Lang Construction, Inc., a Washington State Corporation, owner of Parcel 1, and their heirs, successors and assigns and GRANTEE, Cary Lang Construction Inc., a Washington State Corporation, 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 the 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 53th 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 Sanitary Side Sewer Agreement Page 2 of 5 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 53`d Ave. South. Site location map with sketch of sanitary side sewer is attached as Exhibit 'A', 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 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 WLIEREOF, said individual has caused this instrument to be executed this - day of )/'(( , 2018. Authorized Signature STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that Cary Lang is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the eitt of Cary Lang Construction, Inc., a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 0 3 ic „5- LAURIE A. VVERLE NOTARY PUBLIC STATE OF WASHINGTON C SSION EXPIRES MAY 29, 2018 Otar Public in d f9r the State of Washington esiding at o , y appointment expires (7):-'> io )/( Joint Sanitary Side Sewer Agreement Page 4 of 5 EXHIBIT 'A' SITE MAP WITH DEPICTION OF JOINT SANITARY SIDE SEWER LOCATION 1 15 N 74 04'00" E 131.79' 1 135.48' .... ot ot . .._.� — 5 7 4'04'00 W S. 137TH ST. co NTS Joint Sanitary Side Sewer Agreement Page 5 of 5