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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