HomeMy WebLinkAbout9412210475 STORM AND WATER EASEMENT 122194CITY CLERICS OEFBC-9
CITY OF AUBURN
Auburn, WA 98001
RECEIVED
DEC 191994
KING COUNTY
RECORDER
Oq►c HAI?&,, Z
62A oot5-qY
L l CITY OF AUBURN STORM WATER EASEMENT AND AGREEMENT
C
t-1
N
N
V4
C?'
CJ
U-3
THIS EASEMENT AND AGREEMENT
2''d day of ~e) V'el~1rLU~'•t' ,
CITY OF AUBURN, a municipal co
County, Washington, hereinafter
VANDER POL TRUST, hereinafter
OWNER".
made and entered into this
19011, by and between the
rporation, located in King
referred to as "CITY" and
referred to as "PROPERTY
WHEREAS, PROPERTY OWNER has applied for certain permits
with the CITY for the construction of facilities which
create impervious surface; and
WHEREAS, the PROPERTY OWNER will complete a storm
system; and
WHEREAS, the PROPERTY OWNER and the CITY desire that
the storm system be maintained to provide adequate
facilities for controlling both the quantity and quality of
storm drainage; and
NY
CM
A
C2
U
LW
CD
V
C_J
a
n
C2
CU
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 & Agreement
11/1/94 (FE134)
Page 1 of 9
'r
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:
® PROPERTY OWNER hereby provides an easement over, under
and on that portion of the property as showing on the
C~?
approved Record Drawings revised pursuant to construction
records for the City of Auburn under Permit No. GRA0015-94,
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.
Storm Water Easement & Agreement
11/1/94 (FE134)
Page 2 of 9
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
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
4 PROPERTY OWNER agrees to pay reasonable attorney fees and
V. costs of the CITY.
N Section 4. ACKNOWLEDGEMENT OF OTHER ENFORCEMENT
r4
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 & Agreement
11/1/94 (FE134)
Page 3 of 9
CITY OF AUBURN
btax& 13e~!g
CHARLES A. BOOTH
Mayor
in
row
it
0
T4
C~
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
PROPERTY OWNER
VANDER POL TRUST
P 0 BOX 1
AUBURN 980
Storm Water Easement & Agreement
11/1/94 (FE134)
Page 4 of 9
J"
O
s
STATE OF WASHINGTON )
)ss.
COUNTY OF KING r )
On this ~j~ day of,j , 19 before
me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
CHARLES A. BOOTH and ROBIN WOHLHUETER, to me known to be the
Mayor and City Clerk of 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 instrument and that the seal affixed is the
corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal on the date hereinabove set forth.
NOTARY PUBLIC in and for th State
of Washington, residing at
MY COMMISSION expires: 0 Z S
Storm Water Easement & Agreement
11/1/94 (FE134)
Page 5 of 9
STATE OF WASHINGTON )
) ss.
CO Y OF )
0
C~
ca
On his day of 19 before
me, the and signed, a Notary Public in and for t State of
Washington, personally appeared
to me known to be \deedf TY OWNER(s) d cribed in and who
executed the witrument and acknowledged that
he/she/they signed me as hi /her/their free and
voluntary act and the use and purposes th erein
mentioned.
GIVEN UNDER my hand
hereinabove set forth.
official seal the date
NOTARY PUBLIC in nd for
Washington, residi g at
MY COMMISSION expire
Storm Water Easement & Agreement
11/1/94 (FE134)
Page 6 of 9
State
e
STATE OF WASHINGTON
)ss.
COUNTY OF )
On this end day of Aloyembeik- , 19 ,
before me, the undersigned, a Notary Public in and for the
State of
Walt
Washington, personally appeared
to me known to be the
Pa,r , of ' > ~a ad& o l
E~f-erDnse~ , the corporation/ artnershi
who executed the within and foregoing instrument, and
L)
O
Vq
Cad
~rl
41
M
acknowledged said instrument to be the free and voluntary
act and deed of said corporation artnership for the uses.
and purposes therein. mentioned, and on oath stated that
(9she/they is/are authorized to execute said instrument on
behalf of said corporation/partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth.
Gar
+
~ ~a~ "A
n
NOTARY PUBLIC in and for the State
of W hingNop, esidinLa
t
rn
u
,
a.
MY COMMISSION expires: ~Q
REF. Y:\PRMSYS\DOCUMENT\GRA0014_.94\EASEAGRE
Storm Water Easement & Agreement
11/1/94 (FE134)
Page 7 of 9
JJ 1
SCALEr-40'
P-
0
c~
1t Ail
I > p 0 a,11 5211 1
l2 too
'
~I
&FoRM PP.In1AG+E-~
6 :5-7 O.S 147116
34• Zb
'S 8q° of I~u
6'I.Op~
B~IIJ JIn1~T
L~~( N wY
ENMT f%v
STORM DRAIN EASEMENT
OAK HARBOR DISTRO TM CENTER
H, RUED a WrCHMS WC.
P.NQ~sk "m sumft"
AU-4"4
40014, 1 90u e o-.
* Co. vo
1
w
0
0
0
0~
t
3.
NI
0
6 t)e,4, s9 11 a -
45,5. &Q ,
BRH JOB. 94079.05
DWN..-CJR CW. iff
QATt 10/24/94
y
U3
O~
NXBYDIT "All
BTORX DRkIX SA88NSNT
OAK RAASQR DISTRIBUTION CENTER
THAT PORTION OF THE EAST 190.00 FEET OF LOT 1, CITY OF AUBURN SHORT
PLAT NO. 7-87, ACCORDING TO SHORT PLAT RECORDED UNDER RECORDING H0.
8808010138, BEING A PORTION OF TRACT I, TOWN of CHRISTOPHER,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE
30, IN KING COUNTY, WASHINGTON, BEING A 10.00 FOOT `FIDE EASEMENT
LYING 5.00 FEET ON EACH SIDS OF THE FOLLOWING DESCRIBED
CENTERLINES:
BEGINNING AT THE NORTHWEST CORNER OF THE EAST 190.00 FEET OF SAID
LOT 1, THENCE SOUTH 0'42138" WEST ALONG THS WEST LINE OF THE EAST
190.00 FEET OF SAID LOT 1 A DJ$TANCE OF 48.00 FEET TO THE TRUE
POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION,; THENCE SOUTH
89'01'15" FAST 9.00 FEET TO A POINT HEREINAFTER REFERRED TO AS PAINT
"All; THENCE SOUTH 85'55139" EAST 55.60 FEETj THENCE NORTH 88'41152."
LAST 125.50 FRET TO THE EAST LINE OF SAID LOT 1 AND THE TERMINUS OF
THIS CENTERLINE FROM WHICH TERMINUS THE NORTHEAST CORNER OF SAID
LOT 1 BEARS NORTH 0'42138" EAST 46.00 FEET;
&g, BEGINNING AT AFORESAID POINT "A", THENCE SOUTH 37'03147" EAST
34.28 FEET TO THE SOUTHEASTERLY TERMINUS OF THIS CENTERLINE.
OAK HARBOR FREIGHT LINES
DISTRIBUTION CENTER.
JOHN M. THOMPSON, P.L.S.
BRH JOB NO. 94079.05
OCTOBER 24, 1994