HomeMy WebLinkAbout9609230337 STORM EASEMENT 092396CITY CLERK'S Oi~ICE'
CITY OF AUBURN
25 West Main d" o
Auburn, WA 98001 y
CITY OF AUBURN STORM WATER EASEMENT AND MAINTENANCE
AGREEMENT
(FAC0003-96, BLD0038-96)
Primary Parcel No. 192105-9351 g
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THIS EASEMENT AND AGREEMENT made and entered into this 2_V day of
j i 190" , by and between the CITY OF AUBURN, a municipal
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corporation, located in King County, Washington, hereinafter referred to as "CITY" and Velvet
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Homes, located at 3240 "B" Street NW, 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 1400 block of 17th Street SE 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
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M maintained to provide adequate facilities for controlling both the quantity and quality of storm
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eq drainage; and
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CD WHEREAS, for maintenance of a storm system it is necessary to have appropriate right-
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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
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
Storm Water Easement & Maintenance Agreement
April 15, 1996
Page 1 of 5
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.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS:
Section E. 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. FA00003-96 and BLD0038-96, 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
C7 benefit to the City storm utility system.
Section 2. HEIRS, SUCCESSORS AND ASSIGNS:
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This Agreement shall be binding upon the heirs, successors and assigns of the parties.
Section 3. MAINTENANCE:
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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
Storm Water Easement & Maintenance Agreement
April 15, 1996
Page 2 of 5
A
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.
DATED and SIGNED this day of
~r , 19
CITY OF AUBURN
DIRECTOR OF PUBLIC WORKS
OWNERS: XY,
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Storm Water Easement & Maintenance Agreement
April 15, 1996
Page 3 of 5
STATE OF WASHINGTON)
)Ss.
COUNTY OF KING )
On this 17ZZ day of 19A before me the undersigned, a Notary
Public in and for the State of Washingt n, duly commissioned and sworn, personally appeared
o u- < Tax., -s s L e-12- and to me known to be
the partners that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said partnership, 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 partnership seal of said partnership.
IN WITNESS WHEREOF, I have hereunto set me hand and affixed my official seal on the
date hereinabove set forth.
1
NOTARY PUBLIC IN AND FOR T~E STATE OF
WASHINGTON, RESIDING AT 4,
MY COMMISSION EXPIRES: 9~0 0
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
0 On Ns2, -day of 19 gLbefore me undersigned, a Notary Public
in an0 for the State of Washington, duly commissioned and sworn, personally appeared
u *"k A ~u r✓~'~ , to me known to be the Director of Public
Works of the City of Auburn, a municipal corporation, and the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
~p deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
Q") they are authorized to execute the said instrument and that the seal affixed is the corporate seal of
said corporation.
WITNESS my hand and official seal heret ed the day and year first above written.
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OP WAS~;••` MY COMMISSION EXPIRES q
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Storm Water Easement & Maintenance Agreement
April 15, 1996
Page 4 of 5
EXHIBIT 1
PARCEL LEGAL DESCRIPTIONS
PARCEL 'A'
That portion of the SE 1/4 of the NE 1/4 of Section 19,
T 21 N, R 5 E, W.M., in King County, Washington being
described as follows:
Commencing at the southeast corner of said NE 1/4 thence
S 89°38'35" W, along the south line of said NE 1/4, a
distance of 630.20 feet, to the southerly projection of the
westerly fence line and property line per City of Auburn Lot
Line AdJustment No. LLA-12-85R as recorded under recording
no. 8607080970; Thence N 00°49'40" W, along said projection
, a distance of 30.00 feet, to the north margin of 17th St.
SE and the True Foint of Beginn.ng; Thence continuing
N 00'49'40" W, along said fence line, a distance of 196.56
feet; Thence S 89°55'47" E; along-said fence line, a
distance of 82.21 feet; Thence S 00°45'52" E, along said
fence line, a distance of 1.14 feet, to the north line of
the south 225.00 feet of said ME 1/4; Thence N 89°38'35" E
along said north line, a distance of 176.39 feet; Thence
N 00°13'55" E a distance of 148.86 fees.; Thence N 32.38'14"W
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a distance of 31.62 feet; Thence S 89°38'35" W a distance of
539.46 feet, to the east line of the west 429.00 feet of
said SE 1/4; Thence S 00°13'55" W, along said east line, a
distance of 370.60 feet, to the north margin of said 17th St
SE; Thence ,d 89° 38' 35" E, along said margin, a distance of
301.63 feet, to the True Faint of Beginning.
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Formerly known as Lots 2, 3 and 4 of City of Auburn Short
Flat No. SPL-0001-91 as recorded under recording no.
9307120756.
Storm Water Easement & Maintenance Agreement
April 15, 1996
Page 5 of 5