HomeMy WebLinkAbout9604260435 STORM EASEMENT 042696361 o~ f 3. 45V--~: r
. CI'rtY Cl:ERK'S OFFICE RECEIVED THIS DAY
CITY OF AUBURN
25 W88t Main
Auburn, WA 98001 ~PR 51 `g6
CITY OF AUBURN STORM WATER EASEMENT AND MAINTEN i}IvIS40fi1 of
AGREEMENT ,D & CLEt;(IO S
(BLD0805-95) RECdKIKG 001JIlZY
Primary Parcel No. 302105-9006
THIS EASEMENT AND AGREEMENT made and entered into this
jLa , by and between the
_l...- day of YV r 19
CITY OF AUBURN, a munici al corporation, located in King
County, Washington, hereinafter referred to as "CITY" and
Auburn Properties, of P.O. Box 588, Auburn, WA 98071-0588
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits
GD with the CITY for the construction of facilities at 2808 "A"
CV
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
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the storm system be maintained to provide adequate
facilities for controlling both the quantity and quality of
storm drainage; and
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WHEREAS, for maintenance of a storm system it is
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Cc necessary to have appropriate right-of-way to bring in
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equipment to conduct maintenance functions; and
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WHEREAS, maintenance requirement will be in perpetuity
to provide both quantity and quality of discharge; and
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m EXCISE TAX NOT REQUIRED
King Co. Records Division
M
gY 1. -kzd 2s . Deputy
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Storm Water Easement & Maintenance Agreement
January 26, 1996
Page 1 of 7
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.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS:
(l1 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 No. BLD0805-95,
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.
Storm Water Easement & Maintenance Agreement
January 26, 1996
Page 2 of 7
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 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
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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
January26, 1996
Page 3 of 7
CITY OF AUBURN
F K A. CURR E, P. W. DIRECTOR
PROPERTY OWNER
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Storm Water Easement & Maintenance Agreement
January 26, 1996
Page 4 of 7
STATE OF WASHINGTON )
) ss .
COUNTY OF KING )
On this day of 1,r 19before
me, the undersigned, a Notary Public in 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
of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal on date hereinabove set forth.
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NOTARy
LO PU
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F
~i**,C WAS
~ p~,~ o,
Vim- II I r Y r
NOTARY PUBLIC in and fo the Sta e
of Washington, residing at
MY COMMISSION expires: _LL EA
Storm Water Easement & Maintenance Agreement
January 26, 1996
Page 5 of 7
STATE OF WASHINGTON )
)Ss.
COUNTY OF
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On this day of ...144)411 , 19
before me, the undersigned, a Notary Public in and for the
State of Washington, personally appeared James Schack, to me
known to be the partner, of Auburn Properties, the
corporation/partnership who executed the within and
foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said
corporation/ partnership, for the uses and purposes therein
mentioned, and on oath stated that he/she/they is/are
authorized to execute said instrument on behalf of said
corporation/partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth.
4 -4-ZW
NOTARY PUBLIC in and for the State
of Washington, residing at _
MY COMMISSION expires:
Storm Water Easement & Maintenance Agreement
January 26, 1996
Page 6 of 7
EXHIBIT 1
LEGAL DESCRIPTION
PARCEL "A": SOUTH 20 ACRES OF NORTH 26 ACRES OF GOVERNMENT
LOT 1 IN SECTION 30,
TOWNSHIP 21N, RANGE 5E, W.M., IN KING
COUNTY, WASHINGTON;
EXCEPT PORTION LYING WITHIN STATE
HIGHWAY 5.
PARCEL "B": SOUTH 1
0 ACRES OF GOVERNMENT LOT 1, SECTION 30,
TOWNSHIP 21N, RANGE
5E, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 20
FEET CONVEYED TO KING COUNTY FOR ROAD BY
DEED RECORDED UNDER
AUDITOR'S FILE NO. 930024, RECORDS OF
SAID COUNTY; EXCEPT
PORTION LYING WITHIN STATE HIGHWAY 5.
C
TAX ASSESSOR'S NO. 3
02105-9006-09
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REF. Y:\PRMSYS\DOCUMENT\BLD0805_.95\EASEMENT
Storm Water Easement & Maintenance Agreement
January 26, 1996
Page 7 of 7