HomeMy WebLinkAbout19990712000643 WATER EASEMENT 071299T ri 22 1
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Waterline EASEMENT for Support Services Center
teference Number(s) of Documents assigned or released:
]Additional reference #'s on page - of document
.7rantor(s) (Last name first, then first pa a and initials)
aranton- (l amt name first) - ~r Q-4 At,,,, /,w ri,~
.egal Description (abbreviated: i.e. lot, block, plat or section, township, range)
.W 13-31-04
Additional legal is on page -4- document.
Assessor's Property Tax Parcel/Account Number:
132104-9013
❑ Assessor Tax # not yet assigned
19990712000643
PAGE 07/12/1999 /1F10014
CITY OF AUBiJRN EAS IN COUNTY, 1JA
- - - - 12 .00
Return Address:,
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording .information.
6k__G,o0 ( ( -7 S
CITY OF AUBURN
AUBURN SCHOOL DISTRICT
WATERLINE EASEMENT
SUPPORT SERVICES CENTER
For and in consideration of the sum of one dollar ($1.00) and
other good and valuable consideration, receipt of which is
hereby acknowledged, and for benefits derived by the Grantor
herein, the Grantor, AUBURN SCHOOL DISTRICT NO. 408, hereby
conveys and warrants to CITY OF AUBURN, Grantee herein, a
Municipal Corporation of the State of Washington, its
successors and assigns, a perpetual non-exclusive easement
for the purpose of laying, maintaining, and installing
water transmission lines and appurtenance thereto, said real
property being described as follows:
See "Attachment A"
Said Grantee has the right, at reasonable times and after
giving reasonable notice, and in exercising all reasonable
precautions to assure safety of students, staff and public,
enter upon said Easement for the purposes of maintenance,
construction, repair, or reconstruction of the above
improvements.
Said Grantor shall make every effort to not block, restrict
or impede access and egress to and from the Easement.
Grantor may fence across Easement and/or along boundaries of
Easement provided that a gate is constructed in the fence to
allow Grantee access.
19990712000643
PAGE 002 OF 005
-
1 07/12/1999 10:14
KING COUNTY, WA
12.00
CITY' OF AUBURN EA8
This Easement shall be a covenant running with
described real property and shall be binding
successors, heirs and assigns of all parties.
DATED this 10th day of
March
the above
upon the
1999.
GRANTOR
AUBURN SCHO L DISTRICT NO. 408
By
Linda S. owan, Superintendent
ACCEPTED BY:
GRANTEE
CITY OF AUBURN
9~a
STATE OF WASHINGTON
COUNTY OF KING
ss.
On this 10th day of March 1999, before
me, a Notary Public in and for the State of Washington,
personally appeared Linda S. Cowan , personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument, on
oath stated that (s)he was authorized to execute the
instrument, and acknowledged it as the Superintendent
of AUBURN SCHOOL DISTRICT NO. 408 to be the free and
voluntary act and deed of said corporation for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
officials seal the day and year first above written.
6p 14r~^' ,~/'l~
EasementE,q
R
•~ARdP; 1;4R@ -
Notary Public in hnWfor the State
of Washington, residing at Auburn
My Commission Expires
II
I + I
"TTY OF AUBURN EAS
- - 12_00
19990712000643
PAGE 003 OF 005
07/12/1999 1014
KING COUNTY, WA
AUBURN SCHOOL DISTRICT NO. 408
SUPPORT SERVICES CENTER
WATERLINE EASEMENT
JANUARY 18, 1999
A portion of Lots I and 2 according to the City of Auburn short plat No. SP-5-85 as recorded under Auditor's
File No. 8507170422 and Boundary Line Adjustment as recorded under Auditor's File No. 8905090799, records
of King County, Washington being a strip of land 15.00 feet in width lying 7.50 feet on each side of the following
described centerlines:
Commencing at the Northeast corner of said Lot 2; thence South 00°39'58" East along the East line thereof 9.91
feet to the Point of Beginning of said centerline; thence South 41 °58'35" West 105.52 feet to a point hereinafter
referred to as Point "A"; thence South 00°05'19" West 57.45 feet to a point herinafter referred to as Point "B";
thence continuing South 00°05'19" West 27.35 feet to a point hereinafter referred to as Point "C"; thence South
00°39'58" East 109.04 feet; thence South 44°32'05" West 84.32 feet; thence South 88°34'20" West 2.19 feet
to a point hereinafter referred to as Point "D"; thence continuing South 88°34'20" West 106.28 feet; thence South
89°59'03" West 160.61 feet to a point hereinafter referred to as Point "E"; thence North 00°07'22" East 202.44
feet; to a point hereinafter referred to as Point "F''; thence North 59°11'33" East 105.47 feet; thence North
89°56'38" East 236.03 feet to aforesaid Point "A" and the terminus point of said centerline.
TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "B"; thence
North 87°30'56" East 25.65 feet to the terminus point of said centerline.
TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "C"; thence
South 89'18'43" West 53.32 to the East exterior wall of the Support Services Building and terminus point of
said centerline. The sidelines of said easement may be shortened or lengthened to terminate at said East wall.
TOGETHER with a strip of land, 15.00 feet in width, the centerline of which begins at aforesaid Point "D";
thence South 01 °56'21" East 15.22 feet to the terminus point of said centerline.
TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "E"; thence
South 00°07'22" West 72.93 feet; thence South 89°34'25" West 28.90 feet to the terminus point of said
centerline.
TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "F"; thence
North 31 °22'18" West 32.40 feet to the terminus point of said centerline.
The sidelines of said 15.00 foot wide stips to lengthen or shorten as necessary to begin at the exterior boundary
of said Lot 2, at right angles to said points of terminus or at points of commonality as appropriate.
Prepared By: / r 19"', Date: /R/x-~
Neil . Cabbage
PLS 423345
Horton Dennis & Associates, Inc.
(425) 822-2525
aubumllgl
19990712000643
PAGE 004 OF 005
07/12/1999 10:14
KING COUNTY, WA
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- cITY OF AUBURN EAS
A PORTION OF CITY OF AUBURN SHORT PLAT NO. SP-5-85
KING COUNTY, WASHINGTON
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catuloco.mcfs AUBURN SCHOOL DISTRICT NO. 408 WATERLINE EASEMENT 9774.00
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
SEp
C// --y p 1999
CI 7~ GtAU,&
~RN
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(FA00031-97, BLD0499-97, GRA0009-97)
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Bruce D. Alverson and 2)
Jill V. Alverson
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE 114 13-21-4 Additional on page:
Assessor's Tax Parcel ID#: 781570-0120, 781570-0135
THIS EASEMENT AND AGREEMENT made and entered into this, ~q 0. day of
19~, by and between the City of Auburn, a municipal corporation of
Kind, County, Washington, hereinafter referred to as "CITY" and Bruce D. Alverson and Jill V.
Alverson, husband and wife, located at 22 "A" Street SW, Auburn, WA 98001, hereinafter
referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 22 "A" Street SW 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
Storm Water Easement and Maintenance Agreement
Pagel of 8
WHEREAS, maintenance requirement is a covenant running with the land and binding
upon all heirs, successors and assigns of both parties; 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
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.
~I
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS:
O
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. FA00031-97, BLD0499-97 and GRA0009-97, 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 A and
incorporated herein by this reference, 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 and all applicable codes of the CITY and the Stormwater Pollution Prevention
Maintenance and Operation Schedule attached as Exhibit "B" and incorporated herein by this
reference. The PROPERTY OWNER does hereby agree that the CITY may enter onto the
property of the PROPERTY OWNER via the easement described above to inspect and perform
necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the
PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY
may enter onto the property of PROPERTY OWNER via the easement described above to
perform emergency maintenance in the event of the storm system's failure which might result in
adverse impacts(s) on public facilities or private facilities of other property owners. In both
events the PROPERTY OWNER agrees he/she/they/it shall reimburse the CITY for the costs
incurred by the CITY in maintaining the storm system. Should the CITY incur attorney's fees
and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the
Storm Water Easement and Maintenance Agreement
Page 2 of 8
PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by 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.
EXECUTED as of the date first written above.
CITY OF AUBURN
CT OF PUBLIC WORKS
CA
CD
O
C~
Owner V/z l Date
Owner Date
Storm Water Easement and Maintenance Agreement
Page 3 of 8
r
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know r have satisfactory evidence that )Rruu-
and _'D I are the person(s) who appeared
before me, and said individuals(s) acknowledged that they signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in
this instrument.
Dated
o~
,,,11111111/f,,
o
~ NOTARY
J
• N1
PUBLIC ory:
11
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m
11111
,0)
STATE OF WASHINGTON)
)ss.
County of King )
I Y ~4/y o e
OKdY'ea C • eo-2 k w-
Notary Publi in and for the State of Washington
residing at 01,4kt-l Crsl-#ck
My appointment expires a?-
I certify that I know or have satisfactory evidence that Lm~Ay
is the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
as the ACTING DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the
free and voluntary a at of such party for the uses and purposes mentioned in this instrument.
Dated `,1111111111//,,,'
KD~c''.
%
4kON•
.'S FAQ L. ~C oe.l~ Vl
NOTARY 9N'~
- * - _ Notary Publ'j in and for theState ~ of Washington
pUBLIC oo; 2= residing at T~C~ ( /~_nuyt'f'
O~
9 ~9VARY 19 C~,' My appointment expires 02-19-
or
DM/bd
REF. H:\FAC\FAC3173\E98-378, BLD0499_.97\STMWAAGT, and GRA0009_.97\STMWAAGT
Storm Water Easement and Maintenance Agreement
Page 4 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 5 AND 6, BLOCK 2, TOWN
SOUTHEAST 1/4 OF SECTION 13
WASHINGTON, COUNTY OF KING.
C8
O
Ca
Cn
OF SLAUGHTER LOCATED IN THE
, TOWNSHIP 21, RANGE 4, AUBURN,
Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT "B"
Stormwater Pollution Prevention Plan
Site Address
The Sun Break Cafe
309 "C" Street SW
Auburn, Wa 98001
Contact: Bruce Alverson
(206) 939-5225
Introduction
p "The Sun Break Cafe" involves a 0.39 acre vacant lot and an adjacent existing parking
CD lot owned by the City of Auburn. Stormwater within this downtown area, is discharged
to the existing shallow public storm drainage system. This public storm system
eventually passes through a series of grassed ditches before discharging to the Mill
O
Creek drainage system.
O
07
0) Plan Goal
The property owner is required to enhance and protect water quality due to stormwater
discharges from the site, as dictated by the City of Auburn's Developer Design Manual.
In this document, the site's storm drainage system is generally described and the
inspection and maintenance requirements are outlined.
Preventative BMP's
Preventative Best Management Practices (BMP's) shall be implemented to ensure that
the water quality measures or provided to site discharge. Such practices include the
following:
1) Areas which disharge runoff to the storm drainage system should be kept
free of debris and any dangerous wastes which may pollute the storm
drainage system.
2) The storm drainage utilities should be properly maintained,
as described in the following sections.
Inspection
Regular inspection of the storm drainage facilities will ensure their proper function.
Inspection shall occur at least twice a year. Records of inspection and maintenance
shall be kept for five years and shall be available for City inspector to review.
Storm Water Easement and Maintenance Agreement
Page 6 of 8
Stormwater Pollution Prevention Plan (Cont.)
Maintenance
Regular maintenance of the storm drainage facilities will ensure their proper function.
See King County. Washington, Surface Water Design Manual, Appendix A,
Maintenance Requirements for Privately Maintained Drainage Facilities for
maintenance requirements.
Person of Responsibility
The Sun Break Cafe
309 "C" Street SW
Auburn, WA 98001
Contact: Bruce Alverson
Phone: 253-939-5225
CD
O Design Engineer: Rupert Engineering, Inc.
Contact: Larry Krueger
Q} 1519 West Valley Hwy. N., Suite 101
Auburn, WA 98001
Plan and/or Information Updates
The City of Auburn Utilities Section is to review and approve any changes to this
Stormwater Pollution Prevention Plan prior to changes in its implementation.
Additionally, any changes in ownership or person of responsibility are to be reported to
the City Utilities Section.
Storm Water Easement and. Maintenance Agreement
Page 7 of 8
INSPECTION\MAINTENANCE CHECKLIST
0
0
STRUCTURE DATE.OF I
NSPECTION MAINTENANCE
CB#
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
DET. TANK
INSP. RESULTS
MAINT. DONE
REF. H:\FAC\FAC3173\E98-378, BLD0499_.97\STMWAAGT, and GRA0009_.97\STMWAAGT
Storm Water Easement and Maintenance Agreement
Page 8 of 8
AuG-24-193 11: 49
Retum Address;
City of Auburn
City, Clerk
25 West Main
Auburn, WA 95001
I`
Above this line reserved for recording information.
A i 3.3L--
P . 04/06
fzrence r# (if applicable): N.A.--- _
Grantor/Borrower: 1) John A. Whalley
2) Patsy Whalley
Grantee/Assignee/Beneficiary. City of Auburn
Le gal Description/STR.: N.A.
Assessor's Tax Parcel 1D#: 3 95440-0 1 60
i 132104-9065
PROj
3) Jemtoe E. Mylet
d) Margaret Mylet
iie undersigned, having an interest in that certain properties designated as Assessor's Tax Parcel
No. 395440-0160 and No. 132104-9065, does hereby grant to the City of Auburn, it's agents or
,hcontractors, the right of entry onto said Assessor's Tax Parcel No. 39540-0160 and No.
1,.:104-9065 for the purpose of performing exploratory soil testing and analysis for a potential
au improvement project and delineating any existing wetlands, for e period of time
.t o:iirnencmg with the date of this agreement and lasting until December 31, 1998.
rie undersigned, enters into this agreement with the following stipulations:
1) 'The City, it's agents and/or subcontractors, shall enter upon the properties only during the
. normal business hours of the City.
2) 1'he City, it's agents and/or subcontractors, shall restore the properties to substantially the
none condition as it was found prior to entry onto the properties.
31 'T'ile ("ity, it's agents and/or subcontractors, Shall indemnify, defend and hold harmless
the undersigned, their partners, principals and employees from any obligation and/or
liability of any nature whatsoever clair_zed by the City, et al, and/or any third party as a
result of the City's, et al, entry onto the properties
41 The City, it's agents and/or subcontractors, shall provide the undersigned wab at least 24
hours notice of their intent to' enter the properties.
Dated this xy ('ay of „1998.
Avi ,
Right of Entry (.l idividual)
Page 1 of 2
11 :49
• P. 215/ OG
STATE OF WASHINGTON)
)ss.
County of Ding }
i certify that I know or have satisfactory evidence that ~ ow o wh e_ G M l et
and M a a~~ M "Ie i are a pe on(s) who appeared
before me, and said i dividuals(s) acknowle ge that he/she/t y signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in
this instnuent.
Dated
V P►• Joy
! O OT r;
rr''d•28•gq.' pt
OP waste
1.AT1BGf-' AS14INGT0N)
)Ss'
L'uut►ty of King }
Notary Public in and for the State of Washington
residing at ? N o_: c,e.
My appointment expires b .L.B ~ 99
I vertiA that I know or have satisfactory evuctence that ?0. s w° i0. 1l Q.
and .1 o w k (e - isi~wk the person(s) 4 bo appeared
'-e'fore me, and said individuals(s cknowle:dged that he/she/they signed this instrument and
ackn+:)wledged it to be his/her/their free and voluntary act for the uses and puuposes mentioned in
1T;:ltlskrUm~rtt. Q p
ticd l6
P►• a0y
Ni.
01
wo Notary Public and for the State 0l „p residir. at t 2 ►•c Q _
UBl~c.~ _ z - My appointment expires la
Right of Entry (Individual)
Page 2 of 2