HomeMy WebLinkAbout2019 - Sanitary Sewer Agreement - Cary Lang Construction, Inc - 20191114000531Return Address:
City of Tukwila
City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
1111111111111111101111M1
20191114000531
AGREEMENT Rec: $108.50
11114/2019 10:50 AM
KING COUNTY, WA
Above this line reserved for recording information.
11
SANITARY SEWER AGREEMENT
Joint Side Sewer & Hold Harmless Agreement
(D19-0138 / D19-0139)
Reference # (if applicable): N/A
Grantor: Cary Lang Construction, Inc.
Grantee: Cary Lang Construction, Inc.
Beneficiary: City of Tukwila
Legal Description/STR: Portion of SE 1/4 of the NW 1/4, Sec. 23, T23N, R4E,
W.M.
Assessor's Tax Parcel ID#: 808860-0045 / 808860-0047
LEGAL DESCRIPTIONS
Parcel 1
Lot 10, Summit View Addition to Tukwila, according to Plat recorded in Volume 17 of Plats, Page
68, in King County, Washington.
Subject to Easements, Restrictions, Exceptions, and Reservations, if any.
Parcel 2
Lot 9, Summit View Addition to Tukwila, according to Plat recorded in Volume 17 of Plats, Page
68, in King County, Washington.
Subject to Easements, Restrictions, Exceptions, and Reservations, if any.
This Agreement made and entered into this 28th day of June, 2019, 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
Joint Sanitary Side Sewer Agreement
Page 1 of 4
VVHFRF;AS, the City of Tukwila has granted this variance conditioned upon the recording of a joint
side sewer and hold harmless agreement between the (jRANTOR 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 S. 149' Street, and
WHEREAS, Parcel 1 and 2, have the potential to impact the flow of wastewatefrom 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 foliows:
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 ofS. 149th Street. Site location map with sketch ofsanitary side sewer
is attached as Exhibit 'A', incorporated herein by this reference.
Both the GRANTOR and the GRANTEE shall be joindvncspooaib|cmnuncqua|50/5Uhusafhrd/c
maintenance, operation, and repair ofthe 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 thethejoint 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
obu|\beKorthebonofhofdze(}0&N-[EB,CKANTON_i\yheim,succcssonundusaigny_ondshoObe
hinding upon, GRANTEE. GRANTOR, its heirs, successors and assigns.
HOLD .HARMLESS
The GRANTEE agrees to hold harmless, indemnify and defend the CITY OF TDKVVlL&, its
nFficiu|o, 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 properties. Furthermore, GRANTEE agrees to indeinnify,
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.
Joint Sanitary Side Sewer 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.
'ITT'S 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 ofall parties hereto.
IN WITNESS WHEREOF, said individual has caused this instrument to be executed this
day of 5-Lryve , 2019.
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 beforyne, and said person acknowledged that /she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
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.
'Notary Public in and for the State o Washington
residing at 1440 i .10
My appointnlent expires 2.61
Joint Sanitary Side Sewer Agreement
Page 3 or ,1
EXHIBIT 'A' - SIDE SEWER SITE PLAN
S87445OE 59.30'
S87°4450E 63.00'
LOT 10
6" SIDE SEWER
55
N87<'44'50"W 59.05'
LOT 9
10PRIVATE SIDE SEWER &
STORM DRAIN EASEMENT
A187°4450W 63.00'
S. 149TH STREET
EXISTING b'" SANITARY SEWER
EXISTING 6" SIDE SEWER STUB
porczovrAL GRAPHIC SCALE
2.0 10 Q 10 20
1 inch = 20