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Home My WebLink About20070619000368 Sanitary Sewer Agreement 2007061900036 .001 • Return Address: _ _..._ City of Auburn = 1 I I 1 City Clerk 25 West Main Auburn,WA 98001 20070619000368 PACIFIC NW TIT AG 39.00 PAGE001 OF 008 05/19/2007 09:54 KING COUNTY, WA Above this line reserved for recordine information. (3N,�1C\1b� 1'1�� SANITARY SEWER AGREEMENT (FAC05-0015 - Joint Side Sewer, Easement& Hold Harmless Agreement) Reference#(if applicable) N/A Grantor/Borrower: Van Tre LLC (Parcel 1) Grantee/Assignee/Beneficiary: Van Tre LLC (Parcel 2) Beneficiary: City of Auburn Legal Description/STR: SW %S1-T21N-R4E Assessor's Tax Parcel ID#: 022104-9239(Parcel 1) & 022104-9056 (Parcel 2) Additional legal on page_of this document. Said documents)were filed for wool by Pacific Northwest Title LEGAL DESCRIPTIONS • ascontmodation only.It has not bit esdassinal as to proper sxsotsioFier Parcel MAAR ghat open litte. See EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Parcel 2 See EXHIBIT `B' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. AGREEMENT 1 This Agreement made and entered into this .93 day of --I4mrw4-4 , 20Of,, by and between the GRANTORS, Van Tre LLC, owners of Parcel 1 and their heirs, successors and assigns, and Van Tre LLC, GRANTEES, owners of the Parcel 2 and their heirs, successors and assigns. Hereinafter referred to as the GRANTORS and the GRANTEES respectively. 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 a joint side sewer agreement and a hold harmless agreement between the GRANTOR and the GRANTEES, owners of Parcels 1 and 2 as described above; and SANITARY SEWER AGREEMENT EXCISE TAX NOT r. "r'i' ( D Page 1 of 8 Kir C R sy ion �-6@D�Y • 20070619000368.002 WHEREAS, Parcel 1 and Parcel 2, share a common side sewer :located within the property legally described in EXHIBIT 'A', and WHEREAS,Parcel 1 and 2, have the potential to impact the flow of wastewater from the structures located upon both parcels, such that damages may result to either parcel from the other. • The GRANTORS and the GRANTEES do hereby agree as follows: JOINT SIDE SEWER The GRANTORS and the GRANTEES shall be solely responsible for the maintenance and repair of the sewer line running from the structures on their parcels to the joint hookup connection of the two parcel's private side sewers. Both the GRANTORS and the GRANTEES shall be jointly responsible on an equal 50/50 basis for the maintenance, operation, and repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. Both the GRANTORS and the GRANTEES shall be jointly responsible on an equal 50/50 basis for damages that may occur upon said properties due to improper maintenance, operation or repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. GRANTEES and the GRANTORS shall have the right to establish a backwater valve upon their private individual side sewer to protect against sewage backups. 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. 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 ingress, egress and utilities over, across, along,in,upon and under the following described real property: See EXHIBIT 'C' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, for the use and benefit of Parcel 2. 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. SANITARY SEWER AGREEMENT Page 2 of 8 20070619000368.003 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 "Indemnities") 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 of Auburn sanitary sewer main, extending sewer service to the GRANTEES and 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 Indemnities against any claim, loss, cost, liability, damage or expense to the extent the same is solely caused by or results from the negligence of any Indemnities. 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 ...3 day of . -a-,r46-,ey 20A, SANITARY SEWER AGREEMENT Page 3 of 8 20070619000368.004 GRANTORS • tf)/1 //, Au.t. .,.._d:aignature ate X0g/4,7 (boriz d Zature ;/bate STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that 20411 04, doia•A 0-1 ,� , 1. c-�44,-( " . is/are the person(s) who appeared before me, and said person(s) acknowledged that he/slle/they signed this instrument on oath stated that he/she/the was/were authorized to execute the instrument and acknowledge as the c of 'i - a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 4cks,'Wv ±i!_Ef-12:41M4,,t4 C-An ,� fG � r o r td7 AM o '‘ '' k* Notary Public in and fin the State of Washington c, c .. // '0A / p a,�4 x Residing at � ��sue , NA-A A,. /1, (��^I I""��u+'"""Ice,-.'"'w My appointment expires WAsr�� SANITARY SEWER AGREEMENT Page 4 of 8 20070619000368.006 (Z GRANTEES A______ Li4i, A ......, lh 3 ; Auth. F-e S_gnature t D P I. , 4�, A horize' io ure ate STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that 6Q-err 44 .5 dam, ....� ,,,tx, , fAe..S[o A.Saa• is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the ..te - , of 0.4 "'Cw,E C.L c_ a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated p‘\A "1 %� ,. V - I $ ti2F�ti.btlE27, C N4% '°Un�.0�' r Notary Public in and forthe State of W ashington -z,0',,, ,77wp�'�.=A-= Residing at ``11 ,—s�.•s, \e P. • Op WA,.�04� My appointment expires $4a.ti s KT/tlb File: #1052 REF.lI:\Development\Forms\Legal Document8\2006 SANITARY SEWER AGREEMENT Page 5 of 8 1 20070619000368.006 EXHIBIT 'A' • 1,BOAL DESCRIMON WI 1, CITY OF AlIN SNORT PLAT NUMBER SPE 05-0012, RECORDED UNDER RECORDING 'NUMBER 20060131000808, IN RING COUNTY, WASHINGTON. PrtGliK • 44, sum/also Eta. . • .:,,voitit.A #10! (01..-arai P. O. BOX 110706 \ TiI.OM, WA. 08411 ; f*. *4411.30 • • AIrdim • mhstrgiotr gill-494-0003 • .;;• PAX OW-404-0084 maun 1/19/M ,fre/eAk. menwrogN4 CAY4ift W#IIANW.tiPktgite.tixtqlto tuttittv JOB NO. 99-1001 . . SANITARY SEWER AGREEMENT Page 6 of 8 20070619000368.007 • EXHIBIT 'B' 1 ' LEOAL DESCRIPTION LOT 2, oTy DE AUBURN SHORT PLAT htlAiDeR SP. 05-0012. RECORDED UNDER RECOROING RUMMER 20060131000806, IN KING COUNTY. WASHINMON. . • . . . I .1i .1 -.1 . . • ..• I . 1 1 . , . . } i . .i. • i . , 1, .. IRM. , 1' *Z4:411 1 ii lard d svotwrvt mu. i , .001, Is' O.. VOX IMO i l', WV TACOMA, No. mil , , ,, e:.,;',,E1._,,-,s: , ....--,.. . - ,e'l .ly,- - 401411"3410 OFFION 203.404-0003 1. 1 1 " PAX OS-404-0984. '1' ' NIP=VIPAV i/ 0:ii ( krir.47,3,,,U,r.. :11alai211.Atin, ,PIPM,,,,!!!!.tte,,..,rg,r,Irs '-,3111401ftarostiaMMOt JOB .NO. 99-1001 SANITARY SEWER AGREEMENT Page 7 of 8 ,-- 20070619000368.008 . • . „ . • . . . . EXHIBIT 'C' ....nosli E: 1/4-COM°"(14141 FND. CONC. MON. 00- SAM Or BEARING ral MIS SURVEY AND ADDITONAL WARASS PIN' SURVEY CORM 14899 4/ INFORLIKPON IS PER RECORD - ' OF SURVEY RECORDED UNDER 190 1 RC. i D90210006, ALSO VirAwnet----Aiiii: . 1 At s „, SEE CITY OF AUSURM SWAT ' PLAT UNDER REO. # i thou tt#IPO it, 20006609001672. '-' GRAPHIC SCALE „ , ,.. .•- s`.'s 89"4,6L.n"' w 649,.,5k,,L'_ _ , .. ., ,411 ,, --oc-— --,- 506,65r„.,.-„," ,r..,,'"%•.1 ''''' 1* it 4,11 $ $ ......"::„." . 'eel.. ,+ I let:V ,r''',..'". •C‘i ,,,), NI 1r ' ..,•,.....- 10,7'0' '44 :' :: . .,''' •''' e e,-- ,,' •,..):•- • ,0• ,1 *' ...AO tog\ r-,,,. - 471. / 'oR d./ f r,; I ',`: '0".:0' //ti? '0'. '''r-5 1 t - t • 4 1:'. -..,..' i' ,-, - ; ,,- 49, '." / 41,' ' fi, '64' 8 ViS64OUITIZOg gl 1'1.1 ' 64;.07Mak REC. 4''',.. cvil 200013100C35 (r) 4,0 •P'il . . . . VI) I i 4'.."/ 1----. ,*e / r-4...44,T*0.,44.k-mn....,...,... i 448,q91 __ _,. _"' --4.,.,1,..,.,n, inn'7.-7Z L., . 20,00'spE gwERJ N.— '994512"t 2,atit EASEMENT 114 L . 8,e CORNEA SEC, 2 ..), R4D, SURFAOE kV A$SE ' .,t, • 1/26/99 11 • 12 SIDE SEWER :EASEMENT ME SOUTH 20,00 FEET OF LOT 1, 011Y OF AUBURN SHORT PLAT NUMBER SPL 05-0012, - RECORDED UNDER RECORDINO NUMBER 2005011000806, IN K11,10 COUNTY, WASHINGTON, ,, .. fir 'III 1.lii suftvtillue Isic.1, ,, L . v., 0, BO1; 110700 T AMA NA, 90 411 :i,' , 1 - ,.: ....... ,, „ „_ A 1 •,.. . gi140143.4j0 OFFIGE 208-404-0060 .'' "0-0tIt''•. ,,,.,ilt Timm*lam,-MOM MO 181,..4.16,021.01 6Tattn, /peity‘,0- JOB NO 99— , ...„,„„,....., SANITARY SEWER AGREEMENT Page 8 of 8