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HomeMy WebLinkAbout9608151290 STORM EASEMENT 0815963 CITY OF AUBURN STORM WATER EASEMENT AND MAINTE~ITICE opy OF ,r.o~7,+ IFS CA AUG 2 6 1996 AGREEMENT 1 0lq'11 x, k C4 CITY OF AUBURN Permit No. GRA 001494 AUG 151996 V-+ CITY CLERKS OFFICE Ring Coil Uwy G0 Q THIS EASEMENT AND AGREEMENT made and entered into this I 'day of Ly,os~ , 19% by and between the CITY OF AUBURN, a municipal corporation, located in King County, Washington, hereinafter referred to as "CITY" and Sequence Farms North, L.L.C., located at 8009 S. 180''. Suite 104, Kent. WA 98032 hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities in Auburn; and WHEREAS, the PROPERTv rNUMiT..1 and WHEREAS, the PROPER] 67--r 1 (3' 1 )rm system be maintained to provide continuing c. quantity and quality of storm drain; WHEREAS, for maintenanc C/S~l both the )ropriate right- of-way to bring in equipment to coi WHEREAS, maintenance re and quality of discharge; and )th quantity 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 ENP:epca - 1 CITY OF AUBURN STORM WATER EASEMENT AND MNA,I~ICE ' O AUG 2 6 1996 AGREEMENT , CITY OF AUBURN Permit No. GRA 001 94 AUG 15 1996 CITY CLERKS OFFICE -King covza1wy 00 THIS EASEMENT AND AGREEMENT made and entered into this I a day of 1914, by and between the CITY OF AUBURN, a municipal corporation, located in King County, Washington, hereinafter referred to as "CITY" and Sequence Farms North, L.L.C., located at 8009 S. 180'. Suite 104, Kent, WA 98032 hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities in Auburn; and WHEREAS, the PROPERTY OWNER will complete a storm systems; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide continuing capacityof 255,500 cubic feet for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system 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 parties as to the existence of this easement and agreement; and WHEREAS, an easement is needed to bring in maintenance equipment; and ENP:epca - 1 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: PROPERTY OWNER hereby provides an easement over, under an 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. GRA 0014-94, 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. 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 continuing capacities of 255,500 cubic feet 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/or perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain the capacity, and the PROPERTY OWNER fails to maintain said capacity, in that event, the PROPERTY OWNER shall reimburse the CITY for costs incurred in maintaining the system and should the CITY incur attorneys fees ENPxpca - 2 and costs in enforcing the agreement and/or maintaining the capacity or collecting maintenance fees the PROPERTY OWNER agrees to pay reasonable attorney fees and costs of the CITY. DATED and SIGNED this day of , 19 CITY OF UBURN DIRECTOR OF PUBLIC WORKS DATED and SIGNED this _ ~1~ ~ day of 199,E . SEQUENC ARMS NORTH, L.L.C. L R ST 9. 1 TT 14 ENP:epca - 3 STATE OF WASHINGTON ) ss. COUNTY OF KING ) . I certify that I know of have satisfactory evidence that lea Z2 signed this instrument, on oath state that (he/she) was authorized to execute the ins ent and acknowledged it as the Managing General partner of Sequence Farms No. L.L.C. to be the free and voluntary act of such part for the uses and purposes mentioned-in the instrument. Signature Notary Public (Print Name of NotarX Public). Appointment Expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know of have satisfactory evidence that- ~ . signed this instrument, on oath state that (he/she) was authorized to execute the instrument and acknowledged it as the Director of Public Works of the City of Auburn to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument. Sig re of Notary Public A - C' K~ (PrintNa~n e of Notary Plablic) Appointment Expires: ENP:epca - 4 ACCESS EASEMENT A 20-foot wide easement for access to a storm drainage pond, the sidelines of which are described as follows: COMMENCING at the Southwest corner of the W,A. Cox DLS, in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington; THENCE North 00° 34' 11" East along the West line of said DLC to a point on a line that is 30 feet North of, when measured at right angles to, the South line of said DLS; THENCE South 89° 15'49" East parallel to and 30 feet North of the South line of said DLC, 335.70 feet to a point on the West line of the Puget Sound Electric right-of-way as conveyed by deed recorded under Recording No. 212159, said point being the TRUE POINT OF BEGINNING for this easement description; THENCE North 01 ° 14' 17" East along said West line of right-cif-way, 1474.94 feet; THENCE North 30° 55'49" West, 92.17 feet; THENCE South 73° 24'03" West, 20.64 feet; THENCE South 30° 55' 59" East, 91.52 feet; THENCE South 01 ° 14' 17" West, 1,469.35 feet to a point on the aforementioned line that is 30 feet North of, and parallel to, the South line of said W.A. Cox DLC; THENCE South 89° 15'49" East, 20.00 feet to POINT OF BEGINNING. Project: South 277th Street and Front Road Auburn, Washington June 12, 1996 4729L.005 JMK/ks/es STORM DRAINAGE EASEMENT An easement for storm drainage facilities, including a storm drainage pond and Swale, the side lines of which are described as follows: COMMENCING at the Southwest corner of the W,A. Cox DLC, in Section 36, Township 22 North, Range 4 East, W,M., in King County, Washington; THENCE North 00° 34' 11" East along the West line of said DLC to a point on a line that is 30 feet North of, when measured at right angles to, the South line of said DLC; THENCE South 89° 15'49" East parallel to and 30 feet North of the South line of said DLC, 335.70 feet to a point on the West line of the Puget Sound Electric right-of-way as conveyed by deed recorded under Recording No. 212159; THENCE North 01 ° 14' 17" East along said West line of right-of-way, 1,474.94 feet; THENCE North 30" 55' 59" West, 92.17 feet; said point being the TRUE POINT OF BEGINNING for this easement description; THENCE North 01 ° 32' 27" East, 284.52 feet; THENCE South 73° 21'48" West, 172.28 feet; THENCE South 76" 32' 38" West, 70.10 feet; THENCE South 52" 54' 19" West, 63.26 feet to the beginning of a non-tangent curve concave to the Southwest, the radial point of which bears South 73" 47'45" West, 275.91 feet; THENCE along the arc of said curve a distance of 131.73 feet through a central angle of 27° 21' 16" to a point from which the radial point bears South 46° 26'29" West, said point also being the beginning of a non-tangent compound curve concave to the Southwest, the radial point of which bears South 42° 50' 17" West 67.93 feet; THENCE along the arc of said curve a distance of 48.48 feet through a central angle of 40" 53' 17" to a point of tangency; THENCE North 87° 54' 50" West, 14.70 feet to the beginning of a tangent curve concave to the Southeast with radius of 10.12 feet; THENCE along the arc of said curve a distance of 15.28 feet through a central angle of 86° 31'44" to a point from which the radial point bears South 84° 26'34" East; THENCE South 01 ° 52' 23" West, 16.23 feet to the beginning of a non-tangent curve concave to the Northeast, the radial point of which bears South 88° 12'50" East, 10.42 feet; THENCE along the arc of said curve a distance of 16.46 feet through a central angle of 90° 29'08" to a point from which the radial point bears North 01 ° 18'02" East, said point also being the beginning of a non-tangent compound curve concave to the North, the radial point of which bears North 02° 40' 53" East, 405.81 feet; THENCE along the arc of said curve a distance of 13.92 feet through a central angle of 1" 57' 55" to the beginning of a non-tangent reverse curve concave to the Southwest, the radial point of which bears South 01 ° 38' 06" West, 32.84 feet; THENCE along the arc of said curve a distance of 21.37 feet through a central angle of 37° 16'52" to a point from which the radial point bears South 38° 54'58" West, said point also being the beginning of a non-tangent compound curve concave to the Southwest, the radial point of which bears South 46° 33' 33" West, 239.91 feet; THENCE along the arc of said curve a distance of 120.11 feet through a central angle of 2$° 41'06" to a point from which the radial point bears South 75° 14' 39" West, said point also being the beginning of a non-tangent reverse curve concave to the Northeast, the radial point of which bears North 670 28'22" East, 55.38 feet; THENCE along the arc of said curve a distance of 47.98 feet through a central angle of 49° 37'52" to a point from which the radial point bears South 17° 50'30" West; THENCE South 14°21' 06" West, 121.74 feet to the beginning of a curve concave to the Northeast, the radial point of which bears South 75° 38' 54" East 25.00 feet; THENCE along the arc of said curve a distance of 37.79 feet through a central angle of 86° 36'49" to a point of tangency; THENCE South 72° 15'43" East, 50.46 feet; THENCE South 24° 08'49" East, 6.43 feet; THENCE South 62° 00'22" East, 77.04 feet; THENCE South 85° 52'26" East, 64.57 feet; %S J. THENCE North 67° 00' 17" East, 33.61 feet; THENCE North 56° 58'40" East, 33.77 feet; THENCE North 01 ° 18'43" West, 31.19 feet; THENCE North 73° 24'03" East, 48.96 feet to the POINT OF BEGINNING. Project: South 277th Street and Front Road Auburn, Washington June 12, 1996 4729L.006 JMK/ks/es 4 3r -10 CITY OF AUBURN STORM WATER EASEMENT AND MAINTENANCE M AGREEMENT. C9 r Permit No. GRA 0014-94 c~ THIS EASEMENT AND AGREEMENT made and entered into this is day of 19X, by and between the CITY OF AUBURN, a municipal corporation, g located in King County, Washington, hereinafter referred to as "CITY" and Sequence Farms C North, L.L.C., located at 8009 S. 180', Suite 104, Kent, WA 98032 hereinafter referred to r~ as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities in Auburn; and WHEREAS, the PROPERTY OWNER will complete a storm systems; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide continuing capacity of 255,500 cubic feet for controlling both the quantity and quality of storm drainage; and 1 WHEREAS, for maintenance of a storm system 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 parties as to the existence of this easement and agreement; and WHEREAS, an easement is needed to bring in maintenance equipment; and ENP:epea - 1 PILED FOR RECORD AT THE REQUEST OF TRANSNATION TITLE INSURANCE CO: 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: PROPERTY OWNER hereby provides an easement over, under an on that portion of the property as showing on the approved Record Drawings revised pursuant to construction 4 records for the City of Auburn under Permit No. GRA 0014-94, which Record Drawings are U-) hereby incorporated by reference as if set out in full. This easement shall be a burden to that 0 real estate which is legally described and attached as Exhibit 1 and shall be of benefit to the 07 City storm utility system. 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 continuing capacities of 255,500 cubic feet 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/or perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain the capacity, and the PROPERTY OWNER fails to maintain said capacity, in that event, the PROPERTY OWNER shall reimburse the CITY for costs incurred in maintaining the system and should the CITY incur attorneys fees ENP:epca - 2 and costs in enforcing the agreement and/or maintaining the capacity or collecting maintenance fees the PROPERTY OWNER agrees to pay reasonable attorney fees and costs of the CITY. DATED and SIGNED this day of ,199 CITY OF UBURN DIRECTOR OF PUBLIC WORKS DATED and SIGNED this L day of v 6w~ C , 19a. SEQ ENC S NORTH, L.L.C. ti N. PA TY O ENP:epca - 3 STATE OF WASHINGTON a .1 C> Sig re of Notary Public 14 (Print Na a of Notal Pt 401 ) ss. COUNTY OF KING ) I certify that I know of have satisfactory evidence that K.A- .~'6this instrument, on oath state that (he/she) was authorized to execute the id4rument and acknowledged it as the Managing General partner of Sequence Farms No. L.L.C. to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Signature of otr , ,atRtnr (Print Name o I' jZ r Appointment Expires: 'r/.;~1.TA T ok f I certify that I know of have satisfactory evidence that'`' l ~OA2 0 . OU~Ju.sZ._. signed this instrument, on oath state that (he/she) was authorized to execute the instrument and acknowledged it as the Director of Public Works of the City of Auburn to be the free and voluntary act of such part for the uses and purposes mentioned in the instrument. Appointment Expires: ENP:epea - 4 ACCESS EASEMENT A 20-foot wide easement for access to a storm drainage pond, the sidelines of which are described as follows: COMMENCING at the Southwest corner of the W.A. Cox DLS, in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington; THENCE North 00° 34' 11" East along the West line of said DLC to a point on a line that is 30 feet North of, when measured at right angles to, the South line of said DLS; THENCE South 89° 15'49" East parallel to and 30 feet North of the South line of said DLC, 335.70 feet to a point on the West line of the Puget Sound Electric right-of-way as conveyed by deed recorded under Recording No. 212159, said point being the TRUE POINT OF BEGINNING for this easement description; THENCE North 01 ° 14' 17" East along said West line of right-of-way, 1474.94 feet; THENCE North 30° 55'49" West, 92.17 feet; THENCE South 73° 24'03" West, 20.64 feet; THENCE South 30° 55'59" East, 91.52 feet; THENCE South 01 ° 14' 17" West, 1,469.35 feet to a point on the aforementioned. line that is 30 feet North of, and parallel to, the South line of said W.A. Cox DLC; THENCE South 89° 15'49" East, 20.00 feet to POINT OF BEGINNING. a v; c o~ Project: South 277th Street and Front Road Auburn, Washington June 12, 1996 4729L.005 JMK/ks/es STORM DRAINAGE EASEMENT 4 ON, in M An easement for storm drainage facilities, including a storm drainage pond and swale, the side lines of which are described as follows: COMMENCING at the Southwest corner of the W.A. Cox DLC, in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington; THENCE North 00° 34' 11" East along the West line of said DLC to a point on a line that is 30 feet North of, when measured at right angles to, the South line of said DLC; THENCE South 89° 15'49" East parallel to and 30 feet North of the South line of said DLC, 335.70 feet to a point on the West line of the Puget Sound Electric right-of-way as conveyed by deed recorded under Recording No. 212159; THENCE North 01 ° 14' 17" East along said West line of right-of-way, 1,474.94 feet; THENCE North 30" 55'59" West, 92.17 feet; said point being the TRUE POINT OF BEGINNING for this easement description; THENCE North 01 ° 32'27" East, 284.52 feet; THENCE South 73° 21'48" West, 172.28 feet; THENCE South 76° 32'38" West, 70.10 feet; THENCE South 52° 54' 19" West, 63.26 feet to the beginning of a non-tangent curve concave to the Southwest, the radial point of which bears South 73° 47'45" West, 275.91 feet; THENCE along the arc of said curve a distance of 131.73 feet through a central angle of 27° 21' 16" to a point from which the radial point bears South 46° 26'29" West, said point also being the beginning of a non-tangent compound curve concave to the Southwest, the radial point of which bears South 42° 50' 17" West 67.93 feet; THENCE along the arc of said curve a distance of 48.48 feet through a central angle of 40° 53' 17" to a point of tangency; THENCE North 87° 54' 50" West, 14.70 feet to the beginning of a tangent curve concave to the Southeast with radius of 10.12 feet; THENCE along the arc of said curve a distance of 15.28 feet through a central angle of 86° 31'44" to a point from which the radial point bears South 84° 26'34" East; THENCE South 010 52' 23" West, 16.23 feet to the beginning of a non-tangent curve concave to the Northeast, the radial point of which bears South 88" 12' 50" East, 10.42 feet; THENCE along the arc of said curve a distance of 16.46 feet through a central angle of 90° 29'08" to a point from which the radial point bears North 01 ° 18'02" East, said point also being the beginning of a non-tangent compound curve concave to the North, the radial point of which bears North 02° 40' 53" East, 405.81 feet; THENCE along the arc of said curve a distance of 13.92 feet through a central angle of 1 ° 57' 55" to the beginning of a non-tangent reverse curve concave to the Southwest, the radial point of which bears South 01 ° 38'06" West, 32.84 feet; THENCE along the arc of said curve a distance of 21.37 feet through a central angle of 37" 16'52" to a point from which the radial point bears South 38 ° 54' 58" West, said point also being the beginning of a non-tangent compound curve concave to the Southwest, the radial point of which bears South 46° 33'33" West, 239.91 feet; THENCE along the arc of said curve a distance of 120.11 feet through a central angle of 28° 41' 06" to a point from which the radial point bears South 75° 14'39" West, said point also being the beginning of a non-tangent reverse curve concave to the Northeast, the radial point of which bears North 67° 28'22" East, 55.38 feet; THENCE along the arc of said curve a distance of 47.98 feet through a central angle of 49° 37' 52" to a point from which the radial point bears South 17° 50' 30" West; THENCE South 14°21' 06" West, 121.74 feet to the beginning of a curve concave to the Northeast, the radial point of which bears South 75° 38'54" East 25.00 feet; THENCE along the arc of said curve a distance of 37.79 feet through a central angle of 86° 36'49" to a point of tangency; THENCE South 72° 15'43" East, 50.46 feet; THENCE South 24° 08'49" East, 6.43 feet; THENCE South 62° 00'22" East, 77.04 feet; THENCE South 85° 52'26" East, 64.57 feet; THENCE North 67° 00' 17" East, 33.61 feet; THENCE North 56° 58'40" East, 33.77 feet; THENCE North 01 ° 18'43" West, 31.19 feet; THENCE North 73° 24'03" East, 48.96 feet to the POINT OF BEGINNING. Project: South 277th Street and Front Road Auburn, Washington June 12, 1996 4729L.006 JMK/ks/es