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Home My WebLink About20190417000390 SE 31-1D CReturn ity of,Auburn I 1111111111111111111!11111 1111111I City Clerk 25 West Main 20190417000390 Auburn,WA 98001 AGREEMENT Rec:$104.00 4/17/2019 10:36 AM KING COUNTY,WA FIRST AMERICAN W 1 i'501� I(Cd ��`'+ Above this line reserved for recording information. AGREEMENT/EQUITABLE SERVITUDE/COVENANT HOLDING THE CITY OF AUBURN HARMLESS FOR PERMITTING DEVELOPMENT IN A GEOLOGIC HAZARD AREA Grantor: Auburn School District No. 408, a municipal corporation of the State of Washington Grantee: City of Auburn Legal Description of Burdened Property: Section 32, Township 21, and Range 5E Assessor's Tax Parcel 3221059058, 3221059057, 3221059056, 3221059016 ID#: THIS INSTRUMENT is made by and between AUBURN SCHOOL DISTRICT No. 408, a municipal corporation of the State of Washington, owner(s) of the below described real property, hereinafter "Grantor", and THE CITY OF AUBURN, a political subdivision of the State of Washington, hereafter"City," as follows: Said documents were filed of record as an accomodation only. RECITALS It has not been examined as to pr•per execution or as to its effect upon title WHEREAS, Auburn School District No. 408 is the owner in fee simple of certain real property located at 5701 Kersey Way SE in the City of Auburn, King County, Washington, and legally described on attached Exhibit A ("Property"), and WHEREAS, the Grantor has applied for permits to develop the Property for the purpose of constructing a new elementary school ("Project"), and WHEREAS, the Grantor's development includes the installation of retaining walls adjacent to Kersey Way SE and a storm water pipe from the roadway to the top of an adjacent slope, which is a geologic hazard area due to its steep grade, and WHEREAS, Section 16.10.100 of the Auburn City Code permits development in a geologic hazard area when the owner makes one or more assurances set forth in Auburn City Code 16.10.100 (E) (2) (c). NOW, THEREFORE, in consideration of the City's approval of the Grading and Facility Extensions, #GRA18-0018, FAC18-0017 and FAC19-0003, and for other valuable consideration, the receipt and sufficiency are hereby acknowledged by Grantor and City, and in full and complete satisfaction of ACC 16.10.100(E)(2)(c)., Grantor does hereby covenant and agrees as follows: AGREEMENT ACKNOWLEDGEMENTS The Grantor acknowledges that a portion of its development will be located in a geologic hazard area due to its steep grade. Grantor further acknowledges that the development in this area poses actual and potential risks of damage and injury, to the Property and adjacent property, including but not limited to the risks of erosion and pipe failure and landslide. Grantor further acknowledges that it is the Grantor's burden and responsibility to inform itself of the actual and potential risks of developing within the hazard area and to obtain, ensure, and fund any design, material, supplies, labor, services, maintenance, repairs, structural improvements, insurance, or assessments necessary to prevent, control, or avoid damage from those risks to the Property and adjacent property. Grantor further acknowledges and warrants that it has full power and authority to burden the Property in perpetuity for the benefit of the public. HOLD HARMLESS AND RELEASE Accepting the risks previously identified, the Grantor releases and hold harmless the City of Auburn, its successors and assigns, and its directors, officers, employees, and agents from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, attorneys' fees), whether direct or indirect, whether occurring on the Property or to adjacent property, whether suffered by persons traveling on the adjacent right of way, arising out of the City permitting development in the geologic hazard area and Grantor's use of the area. To the fullest extent permitted by applicable law, the foregoing release and hold harmless shall apply, . PRIVITY AND RUNNING WITH LAND Grantor agrees that this Covenant/Agreement is given without cash consideration, and is for the purpose of legally meeting the Grantee's code requirements for development of Grantor's parcel. The covenants, restrictions, and agreements herein contained shall burden the Property and benefit the City and the public, and be considered as appurtenant to and running with the land, and shall be binding upon each party, their successors, assigns, tenants, and the heirs, executors, administrators and successors of them respectively, and may be enforced by any permissible legal or equitable proceedings. TOUCH AND CONCERN The parties agree that the benefits of these restrictive covenants/servitudes touch and concern Grantor's interest in the Property, in that they permit the Grantor to develop the Property, specifically to install a storm water system. In this way, the provisions of this agreement allow Grantor to use the burdened Property for the construction of a public school that may not otherwise be permitted pursuant to city code. AMENDMENT This Agreement/Covenant may be amended only by a written, recorded instrument approved in writing by the City of Auburn Mayor and the Grantor. EXHIBIT A Legal Description LOTS 1, 2, 3, AND 4 CITY OF AUBURN SHORT PLAT NO. SP-4-86, RECORDED AUGUST 14, 1986 UNDER RECORDING NUMBER 8608141160, IN KING COUNTY WASHINGTON, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE SOUTH LINE OF THE LAKE TAPPS ACCESS ROAD AS CONVEYED TO KING COUNTY, WASHINGTON, UNDER DEEDS RECORDED UNDER RECORDING NUMBERS 6488005 AND 5801754. WAIVER OF ENFORCEMENT No restriction imposed hereby shall be abrogated or waived by any failure to enforce the provisions hereof no matter how many violation or breaches may occur. IN WITNESS WHEREOF, the parties hereto have set their hands to this instrument, which shall be dated as of the date written herein below. GRANTOR EXECUTED this 5th day of April , 2019. Auburn School District No. 408, a municipal corporati.• : - - tate of Washington By: 'i;,113' �•l► , t 1 ATU' 0 t Cindi Blansfield PRINTED NAME Assistant Superintendent, Business and Operations TITLE GRANTEE EXECUTED this YA; day of 40 , 2019. City of Auburn k jf .'0414 GNATU'_4i APPROV DAS TO FORM Ne ' tPRINTED NME NI Q� TITLE STATE OF WASHINGTON ) ss COUNTY OF_KING ) • I certify that I know or have satisfactory evidence that Cindi Blansfield is the person who appeared before me, and said person acknowledged that he/she signed this instrument, and acknowledged it as the Assistant Superintendent of Auburn School District No. 408 to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED: Rpril .5 a'I/ • , •• KAY A111 rl r°'°° ' NAME: 5f,13/ R )" MIe6R.• ARY (Print Name) $ —+•� Notary Public in and for the State of Washington i $"o. es %%%%%%%%% `l �Ptel. ' Commission Expires: /4 - • - as S STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that \OJ\4 `.Q�y 0141 (name) signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor of the City of Auburn to be the free and voluntary act of such parties for the Iullses and purposes mentioned in this instrument. hh Dated U 4-U6'2-0("I//,, AViakia- kt Notary Public i and for�th�jState o Washington ,\\\.\\"\ATri�� Residing at lOAT W�� i 0 My appointment expires: 09'28-7O�� V� ?OtAR1414 '4� 2 � tia lila OF wNSA *111►►%\Wo``��