HomeMy WebLinkAbout9604260440 STORM EASEMENT 042696CITY CLERIC'S OFFICE
CITY of AUBURN RECEIVED THIS DAY
25 West Main
Aubum, WA 98001
APR 151 PH '36
CITY OF AUBURN STORM WATER EASEMENT AND VTLENAN9Z-NOF
AGREEMENT RECORDS - EI- CTIONS
(BLD0680-95) KING COUNTY
O
'a'
9'
O
Cr'~
THIS EASEMENT AND AGREEMENT made and entered into this
day of t'/~a ✓ u--vt. 193,,4, , by and between the
CITY OF AUBURN, a munici 1 corporation, located in King
County, Washington, hereinafter referred to as "CITY" and
Robert C. Kline, Jr., of P. O. Box 159, Auburn, WA 98071,
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits
with the CITY for the construction of facilities at 304 29th
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
0
M1
Cn
J
13
r_i
c~q
tz
x
Q
V~
,c
O
v;
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
WHEREAS, the parties desire that this Agreement be
recorded to advise heirs, successors and assigns of both
Storm Water Easement & Maintenance Agreement
January 25, 1996
Page 1 of 7
EXCISE TAX NOT REQUIRELi
King Co. Records Division
Sy~~Y1~ Deputy
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:
Section 1. EASEMENT:
;1a 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. BLD0680-95,
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.
5torm Water Easement & Maintenance Agreement
January 25, 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
maintain, and the PROPERTY OWNER fails to maintain, in that
event the PROPERTY OWNER shall reimburse the CITY for the
N
RT
Q 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
January 25, 1996
Page 3 of 7
CITY OF AUBURN
r
FRA K A. CURRIE, P. W. DIRECTOR
PROPERTY OWNER
C
Tr
RIM
C
CD
Storm Water Easement & Maintenance Agreement
January 25, 1996
Page 4 of 7
STATE OF WASHINGTON
) ss.
COUNTY OF KING )
On this day of ~Ar 19, before
me, the undersigned, a Notary Public 'n 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
C~
instrument and that the seal affixed is the corporate seal
of said corporation.
Cn
IN WITNESS WHEREOF, I ha hereunto set my hand and
affix~,(,,a&,#official seal on he date hereinabove set forth.
U~: `r~\ ..~A, (yam i
o NOTARY
0
PUBLIC 2 : NOTARY PUBLIC in and f the State
-0 Z
f4fBES 4.4 of Washington, residing at
~
0wA$~`~,, MY COMMISSION expires:
Storm Water Easement & Maintenance Agreement
January 25, 1996
Page 5 of 7
STATE OF WASHINGTON
)ss.
COUNTY OF )
On this day of \)A 192 before
me, the undersigned, a Notary Public in and for the State of
Washington, personally appeared
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
ICP
p voluntary act and deed for the uses and purposes therein
t,L)
mentioned.
r
GIVEN UNDER my hand and official seal the date
hereinabove set forth.
NOTARY PUBLIC in and for the. State
Washington, residing at.' T
MY COMMISSION expires:
• 2 $ -
Storm Water Easement & Maintenance Agreement
January 25, 1996
Page 6 of 7
EXHIBIT I
Primary Parcel No. 787740-0180
Parcel A, B, C, D, Auburn Lot Adjustment LLA0005-95, King
County Recording No. 950110148, Section 30, Township 21 N,
Range 5 E., W.M.
HPM/bd
REF. Y:\PRMSYS\DOCUMENT\BLD0680_.95\EASEMENT
CO
Storm Water Easement & Maintenance Agreement
January 25, 1996
Page 7 of 7