HomeMy WebLinkAbout20010226000909 STORM EASEMENT 022601a I ;L I- a I&-
-Return Address: 20010226000909
Auburn City Clerk PACIFIC NU TIT MISC 21.00
PAGE 001 OF ,14
City of Auburn 02/26/2001 11:24
25 West Main St. KING COUNTY, WA
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
AAA/ z -PAIU J W- 907/-/a
WARNING OF FLOODING CONDITION AND RELEASE (EASEMENT
AGREEMENT)
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Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page 5 of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Moose, Ralph & Lorraine (Seller) &
Peterson, Charles & Diane (Purchaser)
Grantee/Assignee/Beneficiary: (Last name first)
CITY OF AUBURN
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
3310 20th ST SE, Auburn, King County, Washington
Lot 8 of Cascade Meadows, According to Plat recorded in volume 85 of Plats at Page
72, Records of King County Washington.
❑ Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
❑ Assessor Tax # not
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WARNING OF FLOODING CONDITION
AND RELEASE
THIS AGREEMENT made and entered into this 16th of November,
2000, by and between the CITY OF AUBURN, a municipal corporation,
organized under Title 35A RCW, herein after referred to as "CITY" and RALPH
E. MOOSE and LORRAINE MOOSE, his wife, individually and as their marital
communities, jointly and separately, hereinafter referred to as "SELLER" and
Charles. A. Petersor; ambiane c. Peterson , individually and as their marital
communities, jointly and separately, hereinafter referred to as "PURCHASER".
WHEREAS, SELLER owns certain real estate located within the city
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limits of the CITY, commonly known as 3310 20th Street SE, Auburn, King
County, Washington 98092, legally described in Exhibit 1" attached hereto and
incorporated by this reference as if set out in full; and
WHEREAS, SELLER has made a claim against the CITY for the
continual flooding of the property described in Exhibit "1" alleging, among other
things, that the property has flooded due to the inadequate storm water system
of the City; and
WHEREAS, SELLER has provided evidence to the CITY indicating the
flooding of the real estate described above with photographs depicting water
inside of the house on the property described above and the damage resulting
from the water being inside of the house; and
Warning of Flooding Condition and Release
11/08/2000
Page 1
WHEREAS, the CITY has investigated the source of the flooding
problem and has determined that it cannot rebut the allegation that in a storm
event excess water comes out of the manhole in the vicinity of the SELLER'S
property, and does flood SELLER'S property; and
WHEREAS, it is not cost efficient to resolve the excess storm water
issue, the CITY has offered to compensate the SELLER an agreed amount for
the damages resulting from the flooding through subsidizing the sale of the
SELLER'S property to PURCHASER; and
WHEREAS, as a result of the settlement, the SELLER is able to receive
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the full market value for the property, the PURCHASER is able to buy the
property at a discounted amount, the amount being discounted pursuant to
values determined by appraisers, for the flooding condition; and
WHEREAS, all parties have made an extensive investigation that has
concluded that flooding does occur and that damages will result from the
flooding and that the amount of the subsidy in this real estate transaction paid
by the CITY is an appropriate discount for the condition of the property; and
WHEREAS; since this AGREEMENT is binding upon all heirs,
successors and assigns of the parties, all parties have sought or had the
opportunity to contact legal counsel and/or their own appraisers to determine
the appropriate discounted value for the purchase and for all future purchases
of the property; and
Warning of Flooding Condition and Release
11/08/2000
Page 2
WHEREAS, this AGREEMENT is in the form of a settlement of all claims
of the past, present and future for any flooding damage to the subject real
estate, and
WHEREAS, all parties, including any future heirs, successors, and
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assigns, have received adequate compensation the parties execute this
agreement for the release of any past, present and future claims, which
compensation is reflected in the amount of money paid by the CITY toward the
purchase of the property by the PURCHASER, the PURCHASER having
received a discounted price for the purchase and the SELLER being made
whole by receiving the full market value price.
NOW, THEREFORE, BASED ON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS:
1. ACKNOWLEDGMENT OF FLOODING CONDITION:
The SELLER has alleged that the property referred to above does flood;
the CITY acknowledges that the storm water system is inadequate to hold all
storm water in certain storm events; and the PURCHASER acknowledges that
the property that they are purchasing does and will flood in the future and such
flooding has and will result in property damage.
Warning of Flooding Condition and Release
11108/2000
Page 3
2. RELEASE OF ALL PAST, PRESENT AND FUTURE CLAIMS:
The SELLERS and PURCHASERS in consideration of the sums being
paid by the CITY do hereby release and fully discharge the CITY from any and
all claims past, present and future that may result from the flooding of that
property commonly known as 3310 20th Street SE, Auburn, King County,
Washington 98092, legally described in Exhibit "1" attached hereto and
incorporated herein by this reference.
3. INDEMNIFICATION:
PURCHASERS agree to indemnify and hold harmless the SELLERS
and the CITY from any claims for storm water and/or flooding or flood damage
Cn by any parties made now or in the future who have an interest in that real
estate commonly known as 3310 20th Street SE, Auburn, King County,
C14 Washington 98092, legally described in Exhibit "1" attached incorporated
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hereby this reference as if set forth hereto and described in full. This includes
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4. DISCLOSURE:
PURCHASERS acknowledge that the past, present and future possible
flooding conditions of the property will result in property damage and that the
PURCHASERS shall disclose this information to any party which shall take any
interest in the property, including but not limited to, lenders, or other parties
Warning of Flooding Condition and Release
11/08/2000
Page 4
taking a secured interest in the property, and/or any future purchasers or heirs
of the property.
5. RECORDING:
All parties agree that this document shall be recorded.
6. COVENANT CONDITION AND RESTRICTION:
This document shall be a convenant condition and restriction and shall
run with the land and be a burden upon the land.
7. ACKNOWLEDGMENT OF DIMINISHED MARKET VALUE OF
PROPERTY:
The PURCHASERS acknowledge that due to the flooding condition the
property referred to above has a reduced value and by purchasing the property
at an agreed reduced purchase price that the property, due to its condition,
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shall, at least as is foreseeable, in perpetuity, have a reduced market value.
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By entry into this AGREEMENT the PURCHASER and SELLER are
C-j allowing an easement for City storm water during storm events.
9. ACKNOWLEDGMENT OF NO OBLIGATION TO REMOVE
WATER:
PURCHASER acknowledges that the CITY shall not be obligated in any
way to undertake any type of water removal operation in the event that the
PURCHASER'S property is flooded.
Warning of Flooding Condition and Release
11/08/2000
Page 5
10. HEIR SUCCESSORS AND ASSIGNS:
This AGREEMENT shall be binding upon the heirs, successors and
assigns of all parties, specifically including, but not limited to, any purchasers of
the subject property in the future.
11. SEVERABILITY:
If any provision in this AGREEMENT Js determined to be invalid or
unenforceable for any reason the remaining provisions shall remain in full force
and effect.
12. JURISDICTION AND VENUE:
S„ This AGREEMENT shall be interpreted under the laws of the State of
o Washington and venue shall lie in King County Superior Court.
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C-) t4z? 13. ATTORNEY FEES AND COSTS:
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If any legal actions taken to enforce any provisions of this AGREEMENT,
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14. CONSIDERATION:
The CITY shall pay due, at closing between the PURCHASER and
SELLER, that amount agreed to by PURCHASER and SELLER for the
diminished value of the real estate, as described in Exhibit "1" as agreed to by
the parties. The result of which is to make the SELLER whole in that the
SELLER will receive the market value for the property to under the assumption
Warning of Flooding Condition and Release
11/08/2000
Page 6
that the property does not flood. The PURCHASER shall be able to purchase
the property at a discounted rate taking into consideration that the property has
and will in the future flood.
15. WAIVER OF WARRANTY:
PURCHASER does hereby acknowledge the past and possible
/probable future flooding conditions and acknowledges that damages may have
occurred to the property and may occur in the future and is accepting the
property "as is" and waives all warranties that may be given by a SELLER as to
the subject property and waives any claim against the CITY as a result of the
CITY having an inadequate storm water system.
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Warning of Flooding Condition and Release
11/08/2000
Page 7
RALPH E. MOOSE
R E. Moose
LORRAINE MOOSE
Lorraine Moose
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
a On this day of November, 2000, before me, the undersigned, a
Ca Notary Public in and for the State of Washington, personally appeared RALPH
E. MOOSE, and LORRAINE MOOSE, to me known to be the individuals
N described in and who executed the within instrument and acknowledged that
CI-4 they have the authority to sign for and bind THE CITY OF AUBURN AND
RALPH E. MOOSE and LORRAINE MOOSE acknowledges that entering into
and executing this AGREEMENT is their free, voluntary and authorized act of
for the uses and purposes therein mentioned.
GIVEN UNDER my hand and official seal the date hereinabove set forth.
NozA~r gy'm' ++r A rai a Ohs
NOTARY PUBLIC in and for the State
PuQUO of Washington, residing at woodin ille
MY COMMISSION expires: 10/22/02
Warning of Flooding Condition and Release
11/08/2000
Page 10
Charles A. Peterson
Diane C. Peterson
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
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Cn On this 16th day of November, 2000, before me, the undersigned, a
C=0 Notary Public in and for the State of Washington, personally appeared
c~ and Diane C. Peterson
Cn ('harl eQ A- Pa1-pr.ann UZO , to me known to be the individual(s) described in and
who executed the within instrument and acknowledged that he(they) has (have)
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the authority to sign and acknowledge(s) that entering into and executing this
AGREEMENT is his (their) free, voluntary and authorized act for the uses and
C--) purposes therein mentioned.
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GIVEN UNDER my hand and official seal the date hereinabove set forth.
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PUBLIC ory
AZ " ; NOTARY PUBLIC in and for the State
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+.,';FpF'WPSc'~•.• Of Washington, residing at Rcantnn
MY COMMISSION expires: nj/n-
Warning of Flooding Condition and Release
11/08/2000
Page 11
16. DISCLOSURE:
The parties acknowledge that they have been fully advised and the
parties have disclosed that flooding to the property has occurred in the past and
that future property damage may occur as a result of flooding and agree that
satisfactory compensation has been made therefor and that such
compensation shall be total resolution of the current and any possible future
claims.
CITY OF AUBURN
a&4& J4 - &7'e
CHARLES A. BOOTH,
Mayor
Date
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ATTEST:
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~ Danielle E. Daskam, City Clerk
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APPROVED AS TO FORM:
Michael J. Re holds, City Attorney
Warning of Flooding Condition and Release
11/08/2000
Page 8
STATE OF WASHINGTON)
)ss
COUNTY OF KING }
On this - eo- day of November, 2000, before me, the undersigned, a
Notary Public in and for the State of Washington, personally appeared MAYOR
CHARLES A. BOOTH, to me known to be the individual described in and who
executed the within instrument and acknowledged that he has the authority to
sign for and bind THE CITY OF AUBURN, A MUNICIPAL CORPORATION, and
acknowledges that entering into and executing this AGREEMENT is the free,
voluntary and authorized act of THE CITY OF AUBURN, AND RALPH E.
MOOSE AND LORRAINE MOOSE, for the uses and purposes therein
mentioned.
GIVEN UNDER my hand and official seal the date hereinabove set forth.
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NOTARY PUBLIC in and for the State
of Washington, residing at
MY COMMISSION expires:
Warning of Flooding Condition and Release
11/08/2000
Page 9
EXHIBIT "A"
LOT 8 OF CASCADE MEADOWS, ACCORDING TO PLAT RECORDED IN VOLUME 85 OF PLATS AT
PAGE 72, RECORDS OF KING COUNTY, WASHINGTON.
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That the Undersigned, Ralph and Lorraine Moose. (referred to below as Releasors) for the
sole consideration of FouW-five thousand dollars and zero cents (S, 5000.001 the receipt and
sufficiency of which is hereby acknowledged, do hereby forever release, discharge, and dismiss the Qb~
o[Auburn_ Washington Cities Insurance.Authority. and their officers, employees, successors, heirs,
and all other persons, corporations, and entities of any kind (referred to below as Releasees) from any
and all claims, actions, causes of action, demands, rights, damages, costs, attorney fees, loss of services,
expenses, and compensation, either known or unknown to the Releasors, which in anyway relate to any
known or unknown personal injuries, property damage, and/or other losses or expenses resulting from
or caused in any way by the accident, casualty, or event that occurred on or about "fig," at or
near 3310 20th Street SE in Auburn Washington.
Releasors agree by signing this Release and Agreement, that the payment of the consideration
therefore: (1) does not constitute an admission of any liability by any Releasee, and, in fact, all
Releasees dispute the claim and deny liability; and (2) includes full and final settlement of all the
Releasors' claims, both present and future, arising from this event and applies to any and all past and
future injuries, damages, and medical expenses (including any injuries not now known or the extent of
which is not now known and which may later develop, be discovered, or worsen); (3) the Releasors
agree to pay from these settlement proceeds any person, corporation, or entity who has a lawful lien or
subrogation claim against these funds for any medical bills, insurance payments, attorney's fees, and/or
the claims of any governmental entity. Releasors agree to defend, indemnify, and hold harmless all
Relessees from any such liens, subrogation claims, or other such claims of any person or entity claiming
any interest in the settlement funds being paid pursuant to this agreement.
The undersigned further declare and represent that no promise, inducement, or agreement has
been made to the Undersigned, and that this Release contains the entire agreement between the parties
hereto, and that the terms of this Release are contractual and not a mere recital and that it is intended to
be binding on our heirs, executors, administrators, successors, and assigns.
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THE UNDERSIGNED HAS READ THE FOREGOING AND FULLY UNDERSTANDS IT.
DATED this y ! day of MnvPmhP . , 200 ~
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Pi-
STATE OF washir~ton ' ° F` '
COUNTY OFKina Y;
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/ Signature of Releasor
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Signature of Releasor
On the 17th day of November , 20pQ, before me personally appeared
Ralph r/onsp and f nrr-inn Mrv~ to me known
to be the person(s) named herein and who executed the foregoing Release and they acknowledged to
me that they voluntarily executed the same.
My term expires October 22 , 20 02
NOTARY PUBLIC