HomeMy WebLinkAbout9604260424 STORM EASEMENT 042696CWY CLF.Rl(. S L...ci
PITY.OF AUgUR &V r . _
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Aui?um• V3. 92001 F RECEIVED THIS DAY
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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
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/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
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CC WHEREAS, PROPERTY OWNER has applied for certain permits
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Street NW which create impervious surface; and
WHEREAS, the PROPERTY OWNER will complete a storm
system; and
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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
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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
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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,
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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
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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
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of said corporation.
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to IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal on
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to hereinabove set forth.
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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
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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
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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.
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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
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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