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HomeMy WebLinkAbout9604260424 STORM EASEMENT 042696CWY CLF.Rl(. S L...ci PITY.OF AUgUR &V r . _ h WeV- Main X621- Aui?um• V3. 92001 F RECEIVED THIS DAY APR p I so PH '36 CITY OF AUBURN STORM WATER EASEMENT AND MAINTENANCE AGREEMENT BY THL' PIvISION OF (FA00002-950 BLD0211-95) RECORDS ELECTIONS KING COUNTY THIS EASEMENT AND AGREEMENT made and entered into this ~'I" _ /2-7- day of Jc ~jipal 19by and between the CITY OF AUBURN, a mcorporation, located in King County, Washington, hereinafter referred to as "CITY" and S.P.A. II, a limited liability company, of 1021 Mercer Tr Street, Seattle, WA 98109, hereinafter referred to as eq fl "PROPERTY OWNER". CC WHEREAS, PROPERTY OWNER has applied for certain permits eq O with the CITY for the construction of facilities at 706 2nd Street NW which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm system; and a 4 W ej CJ x 0 4 47 CU N r., 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 Storm Water Easement & Maintenance Agreement October 25, 1995 (FE134) Page 1 of 7 EXCISE TAX NOT REOUIRED King Co. Records ~Division anac, Deputy t 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 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 CD 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 Citv of Auburn under Permit Nos. FAC0002-95 and BLD0211-95, 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: Storm Water Easement & Maintenance Agreement ocotber 25, 1995 (FE134) Page 2of7 This Agreement shall be binding upon the heirs, CLt a Cat O CC 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. Section 4. ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS: 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. Storm Water Easement & Maintenance Agreement October 25, 1995 (FE134) Page 3 of 7 CITY OF AUBURN FRANK A. CURRIE, . DIRECTOR PROPERTY OWNER C4 L4 Ldl W- Kt u~ Storm Water Easement & Maintenance Agreement Ocotber 25, 1995 (FE134) Page 4 of 7 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of S , 19 , before me, the undersigned, a Notary Publi and for the State of Washington, duly commissioned and sworn, personally appeared FRANK A. CURRIE, to me known to be the Director of Public Works for THE CITY OF AUBURN and the municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument and deed of said corporation, 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 corporate seal GJ of said corporation. O to IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on ►~►►►I n►/♦♦, 10 r ' U pUgt,aG ~a ~ O M NP` O~ ~ 0018811181011t to hereinabove set forth. 6z" fih e-, rr NOTARY PUBLIC in and for he'_ `St~toof Washington, residing at MY COMMISSION expires: jl 7 Storm Water Easement & Maintenance Agreement October 25, 1995 (FE134) Page 5 of 7 STATE OF WASHINGTON C~2 tp' C~ C.7 C CD ) ss. COUNTY OF ) On this 1! day of 1995, before me, the undersigned, a Notary Public in and for the State of to me known to be the PROPERTY OWNER(s) described in and who executed the within instrument and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal the date hereinabove set forth. NOTARY 1 VAkiq PUBLIC A .4 ORR ~ WA6N • ` Washington, residing at MY COMMISSION expires: ~Q e6-q (1 Storm Water Easement & Maintenance Agreement Ocotber 25, 1995 (FE134) Page 6 of 7 a ATTACHMENT 1 TRACT II, BLOCK "A", LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, KING COUNTY, WASHINGTON; EXCEPT THE WEST 1.67 FEET THEREOF AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES RECORDED UNDER RECORDING NOS. 5707966 AND 900501653. ALSO KNOWN AS LOT A, CITY OF AUBURN LOT LINE ADJUSTMENT 1.0 LLA0003-91, RECORDED UNDER RECORDING NO. 910404082. Tr eq HM/bd d Ca REF. H:\FAC\FAC0258\E95-3004 and Y:\PRMSYS\DOCUMENT\BLD0211_.95\STMMAINT Storm Water Easement & Maintenance Agreement October 25, 1995 (FE134) Page 7 of 7 13-1--2-1- X y1.3 /3. oL CHARLES A. BOOTH, MAYOR Victor Thompson, Finance Director May 30, 1995 FINANCE DEPARTMENT 25 West Main, Auburn WA 98001-4998 (206) 931-3033 Mr. Joe Blattner Northwest Racing Associates 350 - 29th Street NW Auburn WA 98001 RE: CONSERVATION EASEMENT Dear Mr. Blattner: Enclosed is a copy of the re-recorded Conservation Easement between Northwest Racing Associates, Limited Partnership, and the City of Auburn. As you will recall, the Conservation Easement was re-recorded in order to correct the legal description attached as Exhibit A. Please call me at 931-3037 should you have any questions or require further information. Sincerely, Robin Wohlhueter City Clerk Enclosure cc: Michael Reynolds, City Attorney Jeff Dixon, Associate Planner File: A3.13.2, 03.3.4