HomeMy WebLinkAbout20020313000043 DECLARATION OF CROSS DRAINAGE 0313020
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Return Address:
City of Auburn Planning Department
25 West Main
Auburn, WA 98001 20020313000043
COST DECL 12.00
PAGE 001 OF 004
03/13/2002 08:38
KING COUNTY, WA
Document Title(s):
Assessor's Property Tax Parcel/Account Number:
1. Declaration of Cross Drainage
362204-9020
Reference Number(s) of Documents assigned or released if applicable:
Additional reference numbers are on page of document.
Grantor(s) (Last name first, then first name and initials):
1. Sequence Farms South, LLC
2.
3.
Grantee(s) (Last name first, then first name and initials):
1. City of Auburn
2.
3.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range):
Additional legal is on page of document.
Portion of Lot 3 of city of Auburn Lot Line Adjustment No. LLA 0014-95, as recorded under
Recording No. 9607110147, Records of King County, Washington.
SW 1/4 and NW 1/4 of Section 36, Township 22 North, Range 4 East, W.M.
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
AF.451 A
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DECLARATION OF CROSS DRAINAGE
RECITALS:
A. Sequence Farms South LLC, a Washington Corporation is the owner of real estate described in
City of Auburn Short Plat SPL00-0009, as recorded under King County Recording No. 20020307001214.
B. The said Short Plat consists of two lots, being Lots 1 and 2. The lots are designed to have
common temporary drainage systems and may have common permanent drainage facilities.
NOW, THEREFORE, Declarant hereby establishes and will hereafter hold and convey title to Lots
1 and 2 subject to the following covenants, conditions and restrictions:
DEDICATION OF CROSS DRAINAGE FACILITY:
Declarant hereby dedicates for the joint use of the Owners of all parcels and their respective employees,
4'"x tenants, sub-tenants, licensees and other Occupants (collectively, "Occupants") and the customers,
guests, agents and other Invitees of such Owners and their Occupants (collectively "Invitees") for the
following purposes:
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Cross Drainage Facility: Any area designed for common temporary or permanent drainage facilities
as shown on the civil engineering plans.
2. MAINTENANCE OF SHARED FACILITIES:
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The Owners of each lot shall share equally in the cost of maintenance and upkeep of any cross drainage
facility shared by such lot.
3. ACCESS TO CROSS DRAINAGE FACILITY:
The Owners, Occupants and Invitees shall have equal access to the cross drainage facility. They may
enter upon said common area for the purpose of maintenance, construction, repair or reconstruction of
temporary drainage control measures without incurring any legal obligation or liability therefor. They shall
not block, restrict or impede drainage control or other erosion control measures to or from the common
cross drainage area and/or in any way block, restrict or impede full use of the land within the said area
for erosion control and drainage.
Page 1 of 3 4729.011
4. INDEMNIFICATION:
Each lot Owner shall indemnify, hold harmless and defend the other lot Owners against and from any and
all claims, costs, expenses and liabilities (including reasonable attorney and consultant fees and costs of
suit) incurred in any action or proceeding arising from or as a result of the death of any person, or any
accident, injury, loss of damage whatsoever caused to person or property, which shall occur upon the
portion of any shared facility owned by each Owner, except to the extent caused by the negligent or willful
act or omission of the other Owners, their Occupants or their Invitees.
DECLARATION TO RUN WITH THE LAND:
Each and all of the covenants, conditions, limitations, rights and restrictions contained herein will run with
and bind each lot, shall be for the benefit of each of the lots, shall be binding upon each Owner of the lots
and the respective successors, assigns, heirs, and personal representatives of such Owners, and all
benefits deriving therefrom shall inure to the benefit of and be enforceable by the Owners of the lots
benefitted hereby and the respective successors, assigns, heirs and personal representatives of such
Owners.
6. GENERAL PROVISIONS:
a`y 6.1 Time is of the essence.
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6.2 This Declaration shall be construed in accordance with and be governed by the laws of the State of
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o Washington.
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6.3 In the event any action is instituted with respect to the subject matter of this Declaration, the party
CT7, prevailing in such action shall be entitled to recover from the other party thereto actual attorney's fees and
costs of suit.
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6.4 Failure of any Owner to enforce any covenant, condition or restriction contained herein shall not be
deemed to be a waiver of such right on any such future breach of the same or any other covenant,
condition or restriction.
DEDICATIONS:
The provisions of this Declaration shall not be deemed to constitute a dedication for public use nor create
any rights in favor of the general public.
AMENDMENTS:
This Declaration may not be modified in any respect whatsoever, or terminated, in whole or in part, except
by written instrument executed by the Owners and concurred in by the City of Auburn. In the event the
Page 2 of 3 4729.011
Owners elect to terminate this Declaration or modify any of paragraphs 1, 3, 5, or 7 thereof, such
termination and/or modification shall be conditioned upon the prior written approval of the City of Auburn,
which approval shall not be unreasonably withheld or delayed.
Sequence Farms S", LLC
rnie Patty
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
F-P41E PA-TI 'I
signed this instrument, on oath stated that (he/she)
was authorized to execute the instrument and
acknowledged it as the NIA-' J Ab t rah 1- c7k&--
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of Ta~UENG~ tA-PMs SOL -1 -H , l,i.L
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
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Signature of No ary Public Dated
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