HomeMy WebLinkAbout20010507001230 SEWER EASEMENT 050701Return Address:
City of Auburn
25 West Main Street
Auburn, WA 98001 1001
r, , 20010507001230
rf!VPACIFIC NW TIT AG 12.00
i~ APAGE 001 OF 000
i-,~00/07/2001 12:02
KING COUNTY, WA
Above is line reserve tor recording intormation.
SANITARY SEWER AGREEMENT
Easement / Joint Side Sewer Agreement / Hold Harmless
Reference # (if applicable): N/A
Grantor/Borrower: Robin Gross
Grantee/Assignee/Beneficiary: Barry and Emilie Johnson
Legal Description/STR: NE 30-21-05
Assessor's Tax Parcel ID#: 302105-9237 and 208700-0060
t-M
M
C1J
0
0
LEGAL DESCRIPTIONS
Parcel 1. 5I1 Z~
6 DOS RIO SUBDIV
Tax Parcel No. 208700-0060
Parcel 2
-T-W W T IV- 85 70 /a
Ca
Ln
G=
S=
C4
237 S 64.9 FT OF N 319.9 FT OF W OF SW/40F NW %4 OF NE
LESS ST said doeun"w*s) wwo turd for
Tax Parcel No. 302105-9237 moved by Psaf4c Nonhwool Tft as
AGREEMENT
eoa~~ 0* R Fun not been
marnk"d as to proW execution or
n to lta ~ upon 9%.
This Agreement made and entered into this ) y\~_ day of p~ J , 2001, by and
between the hereinafter GRANTORS Robin Gross, owner of the a ove described Parcel
1 and their heirs, successors and assigns, and the hereinafter GRANTEES Barry and
Emilie Johnson, owners of the above described Parcel 2 and their heirs, successors and
assigns. Hereinafter refered to as the GRANTORS and the GRANTEES.
WHEREAS, the GRANTEES have requested a variance to Auburn City Code 13.20.280
for the establishment of a single side sewer to service two buildings; and
WHEREAS, the City of Auburn has granted this variance conditioned upon the recording
of an easement, joint side sewer agreement and a hold harmless agreement between
Parcels 1 and 2 as described above; and
7EXCISET~AX OT R O'JI D
Kin
WHEREAS, Parcel 1 and Parcel 2, sharing a common side sewer, have the potential to
impact the flow of wastewater from the structures located upon the parcels, such that
damages may result to either parcel from the other; and
WHEREAS, Robin Gross, owner of Parcel 1 and Barry and Emilie Johnson owners of
Parcel 2, as the GRANTEES and the GRANTORS hereby agree to create this Agreement
concerning the side sewers established to serve Parcel I and Parcel 2.
The GRANTORS and the GRANTEES do hereby agree as follows:
SECTION ONE: EASEMENT
The GRANTORS, as owners of Parcel 1, do hereby grant, convey, set over assign to
the GRANTEES, as owners of Parcel 2, an easement for utilities over, across, alonng,
in, upon and under tk-e- 5o (4-4-'~. 30 ,ems Q~-C W CS.- _5-0t
LM
CT")
0
CD
r-.
C7
Lr')
0
c of Parcel 1, for the use and benefit of Parcel 2.
CV
GRANTEES shall have the obligation to maintain the granted easement and to restore
the easement to its prior condition if any excavation or other disruption occurs in the
use of the easement by the GRANTEES.
This easement is an easement appurtenant, and shall run with the land; and the
easement and terms thereof shall be for the benefit of the GRANTEES, and their heirs,
successors and assigns, and shall be binding upon GRANTORS, and their heirs,
successors and assigns.
SECTION TWO: JOINT SIDE SEWER AGREEMENT
The GRANTORS and the GRANTEES shall be solely responsible for the maintenance
and repair of the sewer line running from structures on their parcels to the joint hook-
up connection located on Parcel 1.
Both the GRANTORS and the GRANTEES shall be jointly responsible on an equal
50/50 basis for the maintenance and repair of the shared sewer lateral from, and
including, the "Y" connection that joins the two parcels to City of Auburn's sewer
main; together with any damages incurred from problems created by, and including,
the joint hook-up connection of the two parcels through the common side sewer to the
City of Auburn's sewer main.
m
C'µ
Q
G7
C_
O
Lin
0
C1
O
CV
/
This Section is an appurtenant to this Agreement and shall run with the land; and the
terms thereof shall be for the benefit of the GRANTEES, GRANTORS, their heirs,
successors and assigns, and shall be binding upon, GRANTEES, GRANTORS, their
heirs, successors and assigns.
SECTION THREE: HOLD HARMLESS
The GRANTORS and the GRANTEES release and shall defend, indemnify and hold
harmless the City of Auburn, its heirs, successors, and assigns, and the respective
directors, officers, employees, contractors, and agents of Auburn and its heirs,
successors, and assigns (collectively referred to as the "Indemnitees") from any and
all claims, losses, costs, liabilities, damages and expenses (including, but not limited
to, reasonable attorneys' fees) arising out of or in connection with the use of a single
side sewer connection to the City sanitary sewer main that branches off into two side
sewers to serve the GRANTEES and the GRANTORS parcels, and any default
under or breach of this agreement by the GRANTORS and/or the GRANTEES in
connection with this agreement. To the fullest extent permitted by applicable law,
the foregoing release, indemnity and hold harmless shall apply regardless of any act,
omission, fault, negligence or strict liability of the Indemnities; provided, however,
that GRANTORS and the GRANTEES shall not be required to so indemnify any
Indemnitee(s) against any claim, loss, cost, liability, damage or expense to the extent
the same is soley caused by or results from the negligence of any Indemnitee(s).
This Agreement is given without cash consideration, and is for the purpose of legally
establishing an understanding for the use of a single side sewer to serve two parcels.
This Agreement shall be a covenant running with the above-described real properties and
burden said real estate, and shall be binding on the successors, heirs and assigns of all
parties hereto.
Dated this 2 day of ~pc;~, 2001.
GRANTORS
ii, AA
Robin Gross Date
C'V
t--
0
C~
l.f)
0
G7
C'v
GRANTEES
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that Robin Gross is the persons who
appeared before me, and said individual acknowledged that she signed this instrument
and acknowledged it to be her free and voluntary act for the uses and purposes mentioned
in this instrument.
~
Dated' Ape,, I 2 ~ 2-d,
NOTARY PUBLIC IN AND FOR THE STA``E`_tii"!t~"..~t rr~
WASHINGTON !sQ,"O p
RESIDING AT ~6tA v `~I;~Ot~
MY APPOINTMENT EXPIRES S/0~ ~0 ; •`old':~~~''-j 1`~,:
STATE OF WASHINGTON )
)ss.
County of King )
V7
tom.
C`4
O
u7
CD
I certify that I know or have satisfactory evidence that Barry and Emilie Johnson are the
persons who appeared before me, and said individuals acknowledged that they signed
this instrument and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in this instrument.
Dated Apr%I 2 ZOO t
• .Y~a '~~~/pl/law d
NOTARY PUBLIC IN AND FOR THE STATE.:rQ
WASHINGTON
RESIDING AT ~t I.4t y 4t ll/ " d v1r.flt,,N~a°} ; _
MY APPOINTMENT EXPIRES/a
~j~l ,.r qav~ h• :T'
C14