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HomeMy WebLinkAbout20080402001677 Drainage Easement Agreement 20080402001677.001 WHEN RECORDED RETURN TO: King County Real Estate Services 500 Fourth Avenue,Rm 500A r - - Seattle,WA 98104 111 I f J /'/ � 1 1 z0080402001677 KING COUNTY RE EAS ARGE001 OF 004 0.00 04/02/Z008 14:30 KING COUNTY, WA Document Title: Drainage Easement Agreement Grantor: Kent 25 LLC, a Washington limited liability company Grantee: King County Abbreviated Legal Description: Section 4, Township 21 North, Range 5 East Assessor's Tax Parcel No: 042105-9016 Reference Nos. of Documents Released or Assigned: N/A DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT made this t day of IM 'S-L__ , 2008 between KENT 25, LLC, a Washington limited liability corporation,hereinafter called Grantor, and KING COUNTY, a political subdivision of the State of Washington, hereinafter called Grantee. RECITALS A. Grantor owns certain real property located in King County, Washington and more particularly described as follows: Tract NNN, plat of Bridges recorded under Recording Number 20071220000095, being a portion of the southeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East,W.M., in King County,Washington. B. Grantee desires to construct certain road improvements adjacent to Grantors property as well as certain drainage facilities appurtenant to such road improvements. C. Grantee has requested the right to install portions of the drainage facilities over a portion of the Grantors property all as more fully set forth herein and the parties hereby memorialize certain easements which are necessary to accomplish the foregoing. ` CCISE- 14OT REQUIRED L��1 �`��1•i�/�i'kis bidti0f1 20080402001677.002 AGREEMENT NOW, THEREFORE, for and in consideration of the Public Road Dedication and Mutual Benefits associated therewith, receipt of which is hereby acknowledged and for other valuable consideration, Grantor and Grantee, for themselves, their succors and assigns, agree as follows: 1. Grant of Easement and Rights. Grantor grants and conveys to Grantee and Grantee's successors, assigns, agents, and licensees a permanent easement for a drainage facility over, through, across, and under the Permanent Easement Area (as legally described below) of Grantor's Property (the "Permanent Easement"). Grantee, its successors and assigns, shall have the right at such time as may be necessary, to enter upon the Permanent Easement Area for the purposes of constructing, reconstructing, maintaining, and repairing said drainage facility, as herein set forth, in conformity with standard plans and specifications for highway purposes, and to the same extent and purposes as if the rights herein granted had been acquired by condemnation proceedings under Eminent Domain of the State of Washington. Permanent Easement Area: Beginning at the southeast quarter section corner of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M.; thence N 87°52'08' W, a distance of 199.7 feet; thence N 02°07"527 E, a distance of 47.0 feet; thence S 87°52-08"' E, a distance of 57.7 feet; thence N 29°39-39— E, a distance of 35.5 feet; thence east, S 87°52"08-' E, a distance of 79.6 feet and to the east property line. Containing 3,017 s.f or 0.069 Ac. M/L. 2. Term. The Permanent Easement granted under this Agreement will be effective as of the date this Agreement is recorded and shall be perpetual. 3. Compliance with Laws. Grantee shall comply at all times with all laws, statutes, ordinances, rules and regulations now or hereafter in effect regarding its use of the easement granted herein. 4. Use of Easement Area. Grantor, its successors, assigns, and licensees, may continue to use the Permanent Easement Area for all purposes which will not interfere with the exercise of the rights granted to Grantee hereunder. Grantor agrees not to install improvements over the Permanent Easement Area or permit planting of trees, large shrubbery or construction of fences which would unreasonably interfere with the rights granted to Grantee hereunder. 5. Restoration Following Construction. Following construction of the drainage facility, and any subsequent reconstructing, maintenance or repair, the surface of Grantor's Property will be restored to a condition as good as or better than it was prior to entry by Grantee. Final restoration shall include, as appropriate, sod replacement in existing lawns, hydroseeding in unimproved areas, and replanting or replacement of existing shrubs and 2 20080402001677.003 bushes where such will not unreasonably interfere with the use of the System and Permanent Easement. 6. Indemnity. Grantee shall indemnify, defend and hold the Grantor harmless from and against any and all claims for damages suffered and any other loss, cost or expense incurred by Grantor (including reasonable attorneys' fees) or any claim, demand or action against the Grantor related to the rights granted to Grantee in this Agreement. 7. Successors and Assigns. The rights granted in this Agreement and the duties agreed to hereunder will run with Grantor-s Property and will inure to the benefit of and bind Grantor and Grantee their respective successors and assigns. 5. Assignment. Grantee and its successors and assigns shall have the right to dedicate all drainage facilities constructed pursuant to this Agreement, and to assign all of their right, title and interest under this Agreement. IN WITNESS WHEREOF, said Grantor has hereunto signed its name the day and year first above written. Kent 25, LLC a Washington limited liability corporation FC-5`) BY: gG\ ITS: ef-kz—Vs- 3c �R ) [-• 1ft 3 20080402001677.004 STATE OF WASHINGTON ) : Ss COUNTY OF KING ) On this day /- A-of 4r/./ , 2008,before me personally appeared '2,--,Q,,, ; Ss to me known to be the Pre s;SIP,.,¢/3jclilk),/',Nf emberrof Kent 25, LLC executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. _ \r ac‘2t�uyi 4Pd kmi i 41 .. a -- � � _ P L2 J'tJ1-d-aL�-1 r, . „is o� NOTARY PUBLIe in and f the State of ��0��►'++,�dj F gfi�'�'�� Residing at r�r�uz fl� is�r4 I f e My Appoi( nt expires: 3/2 r/p 9 V.� R/W#9-2005-008 Parcel I Drainage Easement 4