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HomeMy WebLinkAbout9704280917 STORM EASEMENT 042897A 3.13 P Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 RECEIVED THIS DAY APR I ! 3 37 FH '97 1.0 a a a By 'flIE' i*`IVISION OF RECORDS & ELECTIONS KING COUNTY Above this line reserved for recording information. CITY OF AUBURN STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC0020-96 and BLD0487-96) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1)DLR Company, LLC 2) Additional on page: Grantee/Assignee[Beneficiary-: City of Auburn Legal Description/STR: SWIA 19-21-5 Additional on page: Assessor's Tax Parcel ID#: 192105-9120 THIS EASEMENT AND AGREEMENT made and entered into this day of 19 , by and between the CITY OF AUBURN, a municipal corporation, located in King County, Washington, hereinafter referred to as "CITY" and DLR Company, LLC, located at 1230 32nd Street SE, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at` 121 21st Street SE, which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm system; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system it is necessary to have appropriate right- of-way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement will be in perpetuity to provide both quantity and quality of discharge; and WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors and assigns of both parties as to the existence of this easement and agreement; and WHEREAS, an easement is needed to bring in maintenance equipment; and Storm Water Easement and Maintenance Agreement December 5, 1996 Pagel of S z c~ 0 c C m r_nn W SO 4 WHEREAS, the parties are both desirous of permitting inspection of the storm system to make certain that it is functioning properly and for purposes of determining the appropriate repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Section 1, EASEMENT PROPERTY OWNER hereby provides an easement over, under and on that portion of the property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit Nos. FA00020-96 and BLD0487-96, which Record Drawings are hereby incorporated by reference as if set out in full, This easement shall be a burden to that real estate which is legally described and attached as Exhibit 1 and shall be of benefit to the City storm utility system. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. Section 3, MAINTENANCE The PROPERTY OWNER agrees to maintain the storm system in accordance with the ordinances of the CITY and all applicable codes and does hereby allow the CITY to come onto the property of the PROPERTY OWNER via the easements described above and to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, and the PROPERTY OWNER fails to maintain, in that event the PROPERTY OWNER shall reimburse the CITY for the costs incurred in maintaining the system and should the CITY incur attorneys fees and costs in enforcing the agreement and/or maintaining or collecting maintenance fees the PROPERTY OWNER agrees to pay reasonable attorney fees and costs of the CITY. r■f Q !~2 O 0? Storm Water Easement and Maintenance Agreement December 5, 1996 Page 2 of 5 Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS to- 0'1 Ci l~ d O Q'1 PROPERTY OWNER acknowledges that there may be liability for violations of codes that could result in additional fines and/or the possibility of incarceration in addition to the fees for maintenance should violations occur. DATED and SIGNED this Z- day of 19C CITY OF AUBURN 14 ~ 14, D TOR OF L ORKS OWNERS fA "17 , Storm Water Easement and Maintenance Agreement December 5, 1996 Page 3 of 5 w ) STATE OF v )ss. COUNTY OF Z before me the undersigned, a On this day of Y 1e , 19(j P- X CQ Notary Public in and f the State of duly commissioned and sworn, personally appeared and JAI to me known to be the authorized repre entative(s) of the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed is the company seal of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the d%f,-,bgjeinabove set forth. go ' ca' o~'NQTApI"'~'s z CA ? . t '~GB~IC bri NOTARY P C i nd for the State of\A ~ °,~'~F''•~~~..QQ.••~~ residing at +''••a0w~ASMY COMMISSION EXPIRES: 1 let 1 D STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this I day of 19~, before me, the undersigned, a Notary Public to and for the State of Washington, duly commissioned and sworn, personally appeared a~•-~.- A. 1 , to me known to be the Director of Public Works of the CITY OF AUBURN, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNE5§ Amy hand and official above writter,;;~ r., © 'I0 i v Norq ry RY m ; • affixed the day and year in this certificate 1 CC) r , g NOTARY PUBLIC in and for the St to of l'v~ WggN\ ~C:~Washington, residing My appointment expires l t Storm Water Easement and Maintenance Agreement December 5, 1995 Page 4 of 5 EXHIBIT 1 LEGAL DESCRIPTION THAT PORTION OF GOVERNMENT LOT 3, SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3 AND RUNNING THENCE EAST ALONG THE SOUTH LINE 350 FEET, THENCE NORTH PARALLEL TO THE WEST LINE OF SAID LOT 300 FEET, THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 350 FEET, MORE OT LESS, TO THE WEST LINE OF SAID LOT, THENCE SOUTH ALONG SAID WEST LINE TO THE POINT OF BEGINNING, EXCEPT THE SOUTH 30 FEET FOR ROAD AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 2542047 AND EXCEPT THAT PORTION LYING WITHIN STATE ROAD NO. 5 AND EXCEPT THAT PORTION DEEDED TO THE CITY OF AUBURN FOR ROAD BY RECORDING NO. 8002140858. PARCEL NO. 192105-9120-05 HPMlbd REF. H:\FAC\FAC2062\E96-1069 and Y:\PRMSYS\DOCUMBNT\BLD0487 .96\AGREE C~ Storm Water Easement and Maintenance Agreement December 5, 1996 Page 5 of 5