Loading...
HomeMy WebLinkAbout20060525000488 STORM EASEMENT 052506• Return Address: C cr'ti a ~E ~U[~tJt ~J Ct z~ fijesr~ UA: -dg •-3 - Q - 20060525000488 PAGE001 OF 012 05/25/2e@S 10:25 KING COUNTY, WA Please print or type information WANHIN i'l IN NTA'l E RECORDER'S Uover sheet RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) . 1. rat ►~Lc e i t~si m eM0jr- 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, first name, initials) 2. Additional names on page of document. Grantee(s) (Last name first, then first name and. initials) CIUCI .4? 2 , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section,.township, range) 4j 2 G 0 L)W- Ek1 5 - I Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned C:TC~ , !d f Z -6111 l OZ/0,0 -CA,)Me iV N NUTAL 251~of lE «;,v, L,e 1?4 L2 Z!5 if: The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am reauestina an emerl?encv nonstandard recording for an additional fee as nrovided in RCW 36.18.010. I understand that the recording processing requirements may cover up or oth7 s7~ / cure some of the text of the original document. Signature of Requesting Party Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. RECIPROCAL ACCESS AND STORMWATER EASEMENT AND MAINTENANCE AGREEMENT FAC Reference # (if applicable): N/A Grantor/Borrower: Rottle LLC. Grantee/Assignee: Rottle LLC. Beneficiary: City of Auburn Legal Description/STR: Attached Exhibits 1 and 2 Assessor's Tax Parcel ID#: THIS AGREEMENT, made and entered into this 25 day of April , 2006, by and between Rottle LLC , owner of Parcel A and their heirs, successors and assigns, and Rottle LLC owner of Parcel B and their heirs, successors and assigns. Hereinafter referred to as the Owner 1 and Owner .2 respectively. RECITALS A. Owner 1 is the owner of real property located in King County, Washington, which is described more particularly in Exhibit 1 hereto, hereinafter referred to as Parcel A. B. Owner 2 is the owner of real property adjacent to the Parcel A which is described more particularly in Exhibit .2 hereto, hereinafter referred to as Parcel B. Parcel A and Parcel B are referred to collectively as the "Entire Property." C. The parties which to grant each other certain easements affecting portions of Parcel A and Parcel B and wish to reflect those easements in writing. Reciprocal Access and Stormwater Agreement Page 1 of 10 ti NOW, THEREFORE, the parties covenant and agree as follows: 1. STORMWATER EASEMENTS (a) Owner 2 grants to Owner 1 and its successors and assigns in title or interest to all or any portion of Parcel A an easement to connect to and use the stormwater piping which is constructed under Parcel B and the right to discharge stormwater from the stormwater pipes located under Parcel A through the stormwater pipes located under Parcel B into the stormwater Collection System constructed on Parcel B and into the Public Storm Water Utility. 2. RECIPROCAL EASEMENTS (a) Owner 1 hereby grants to Owner 2 and its successors and assigns in title or interest to all or any portion of Parcel B a non-exclusive easement for vehicular and pedestrian ingress, egress and access to and from I Street NE and 28`h Street NE, Auburn Washington, 98002 over and upon the paved entryway portion Parcel A which lies immediately adjacent to Parcel B, other than that portion thereof designated for parking (the "Owner 1 Parcel Access Easement Area"). (b) Owner .2 hereby grants to Owner 1 and its successors and assigns in title or interest to all or any portion of Parcel A a non-exclusive easement for vehicular and pedestrian ingress, egress and access to and. from I Street NE, Auburn, Washington, 98002 over. and upon the paved entryway portion Parcel B which lies immediately adjacent to Parcel A, other than that portion thereof designated for parking (the "Owner 2 Parcel Access Easement Area"). (c) The provisions hereof are binding upon and run with the parcels identified herein. The easements granted hereby are granted for the use of the parties hereto (as long as they hold an interest in any portion of the Entire Property) and their respective successors, assigns,. and the tenants, employees, agents, contractors, subtenants, licensees, concessionaires, customers and business invitees of each of them. (d) Owner 1 and Owner 2 herein share a Screened Garbage Collection.Area located on the Property Line between Parcel A and Parcel B and grant each other Party use of the facility for the disposal of each Owner's refuge materials accept at no time can either Owner dispose of Hazardous Materials through the collection area. 3. MAINTENANCE (a) Owner 1 and Owner 2 shall each be solely responsible for maintaining the Access Easement Area and Garbage/Recycling Collection Area on its parcel in good order, repair and condition and in accordance with the requirements of applicable law, including replacing the Improvements thereon when needed, at its sole cost and expense. Reciprocal Access and Stormwater Agreement Page 2 of 10 (b) Owner 1 and Owner 2 shall maintain the storm water piping on the Entire Property that connects to the Public Storm water Utility in good order, repair and condition and in accordance with the requirements of applicable law, including replacement when needed. Owner 1 and Owner 2 shall be responsible for fifty percent (50%) of the cost incurred and Owner 1 and Owner 2 shall share in maintaining, repairing and replacing the piping together. Any amount not paid when due not paid by either party shall bear interest at the rate of twelve percent (12%) per annum from the due date therefore. (c) Each Owner shall be responsible for the cost individually incurred in the collection of their own waste and recycling with the local Collection Agency. 4. LIMITATION AND COVENANT (a) Owner 1 and Owner 2 each represent, warrant and covenant that at no time will any stormwater discharge from its parcel into the storm water system any Hazardous Material, as defined in paragraph 4(b), in violation of applicable law. (b) "Hazardous Material". shall mean any matter (whether gaseous, liquid or solid) which is or may be harmful to persons or property, including but not limited to materialsi now or hereafter designated as hazardous or toxic waste or substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 9601, et sea., or as a Hazardous Substance, Hazardous Household Substance,. Moderate Risk Waste or Hazardous Waste under the Hazardous Waste Management Act, RCW Chapter 70.105, or as a hazardous substance under the Model Toxics Control Act, RCW Chapter 70.105D, all as now or hereafter amended, or which may now or hereafter be regulated under. any other federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment, including, without limitation, (i) any asbestos and/or asbestos containing materials (collectively "ACM's") regardless of whether such ACM's are in a friable or non-friable state, or (ii) any matter designated as a hazardous substance pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1317), or (iii) any matter defined as hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 USC 6901 et seq.), pertaining to health or the environment. 5. INDEMNITY, INSURANCE. The owner or owners of each parcel shall indemnify and defend the owner or owners of the other parcel against, and hold the.other harmless from and against, all claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees) suffered by or claimed against the others as the result of or caused by a claim asserted by any third party for damage or injury suffered on the indemnifying party's Parcel Access Easement Area or from the breach of the indemnifying party's obligations under this Agreement, to the extent that any such claim or demand is not due to the negligence or misconduct attributable to the owner(s) of the other parcel. When a claim or demand results from negligence or misconduct attributable to the owners of both parcels, each party will be responsible for the claim or demand in proportion to its allocable share of such joint negligence or misconduct. Each party shall carry commercial general liability insurance on its parcel with combined minimum limits of not less than Two Million Dollars ($2,000,0000) per occurrence for property damage and bodily injury. Such policy shall name the Reciprocal Access and Stormwater Agreement Page 3 of 10 owners of the other parcel as additional insured and shall not be cancelable without at least ten (10) days' prior written notice to the other parcel owners. 6. LIMITATION. Nothing contained in this document shall limit the rights of Owner 1 or Owner 2 to construct, reconstruct, alter, remove or relocate buildings, improvements, landscaping or other features on the non-Access Easement Areas of its parcel. 7. SUCCESSORS AND ASSIGNS. The term "successors and assigns in the title or interest" to Parcel 1 or Parcel 2 include, but is not limited to, mortgages, beneficiaries of deeds of trust, secured parties under security agreements, and any purchaser upon the foreclosure of any such security interest or in lieu thereof. The term also includes contract purchasers, optionees and trustees. 8. EMINENT DOMAIN. Nothing herein shall be construed to give a party any interest in any award or payment made to another party in connection with any exercise of eminent domain or transfer in lieu thereof affecting another. party's parcel or to give the public or any government any rights in the Entire.Property or a parcel: In the event of any exercise of eminent domain or transfer in lieu thereof of any part of the Access Easement Areas of either Parcel 1 or Parcel 2, the award attributable to the land and improvements of such portion of the Easement Areas shall be payable only to the owner in fee thereof and no claim thereon shall be made by the owners of any other portions of the Access Easement Areas. 9. AMENDMENT. This Agreement may be modified, amended or cancelled only by written agreement of all owners of Parcel A or Parcel B. As used herein, the term "record owner" shall include contract purchases. 10. LITIGATION. If any lawsuit, arbitration or dispute arises in connection with this Agreement, the substantially prevailing party therein shall be entitled to recover from the other party the substantially prevailing party's costs and expenses, including reasonable attorney's fees, incurred in connection therewith, in preparation therefore and on appeal therefrom, including those incurred in a bankruptcy proceeding, which amounts shall be included in any judgment entered therein. 11. DEFAULT. If the owner of any parcel shall default in the full, faithful and punctual performance of any obligation required hereunder, and if at the end of thirty (30) days after written notice from any other of a parcel or the party to whom its authority has been delegated, stating with particularity the nature and extent of such default, the defaulting owner has failed to cure such default, and if a diligent effort is not then being made to cure such default, then any other owner of a parcel or the party to whom its authority has been delegated shall, in addition to all other remedies it may have at law or in equity, have the right to perform such obligation of this agreement on behalf of such defaulting owner and recover the cost thereof, together with interest at the rate of twelve percent (12%) per annum. Any such claim for reimbursement, together with interest as Reciprocal Access and Stormwater Agreement Page 4 of 10 'b W1- aforesaid, shall be a secured right and a lien shall attach and take upon recordation of a lien claim by the claimant with the King County Recorder's Office. The claim of lien shall include the following: (1) the name of the claimant, (2) a statement concerning the basis of the claim of the lien, (3) the last known name and address of the owner or reputed owner of the parcel against which the lien is claimed, (4) a description of the parcel against which the lien is claimed, (5) a description of the work performed or payment made which has given rise to the claim of lien hereunder and a statement itemizing the amount thereof, and (6) a statement that the lien is claimed pursuant to the provision of this Agreement. The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon or mailed to the party against whom the lien is claimed, either by personal service or by mailing (first class, certified, return receipt requested) at the address for mailing of tax statements with respect to the property against which the lien is claimed. A party which files a lien shall be obligated to release the lien if the owner of the parcel posts a bond in an amount sufficient to release the lien as a matter of record. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby on it may be enforced in any manner allowed by law for the foreclosure of liens. Notwithstanding the foregoing, such liens shall be subordinate to any mortgage or deed of trust given in good faith and for the value now or hereafter encumbering the property subjected to the lien which is recorded prior to the date of such lien, and any purchaser at any foreclosure or trustee's sale (as well 'as.any grantee by deed in lieu of foreclosure or trustee's sale) under any-first mortgage or deed of trust shall take free and clear from any such then existing lien, but otherwise be subject to the.provisions of this Agreement. The failure of the owner or owners. of a parcel to insist in any one or more cases upon the strict performance of any of the promises, covenants, conditions, restrictions or agreements herein, shall not be construed as a waiver or relinquishment for the future breach of the provisions hereof. .12. RIGHTS AND . OBLIGATIONS OF LENDER. The charges and burdens of this Agreement are, and shall at all times be, prior and therefore superior to the lien or charge of any mortgage or deed of trust hereafter made in good faith and for value affecting Parcel A and Parcel B or any part thereof, or any improvements now or hereafter placed thereon, but are. subordinate to the security interests of record on the date hereof. A breach of any of the easements, covenants or restrictions hereof shall not defeat or render invalid the lien or charge of any mortgage or deed of trust. The superiority of this .Agreement shall be limited to the extent that title to any property acquired through sale under foreclosure of any mortgage or deed of trust affected by power of sale, judicial proceedings, or otherwise, shall be subject to all the charges and burdens affecting the parcels by virtue of this Agreement. . 1.3. RELEASE FROM LIABILITY. Any person acquiring fee or leasehold title to Parcel A or Parcel B or any portion thereof shall be bound by this Agreement only as to the parcel or portion of the parcel acquired by such persons. Such person shall be bound by this Agreement only during the period such person is the fee or leasehold owner of such parcel or portion of the parcel, except as to obligations, liabilities or responsibilities that accrue during said period. Although persons may be released under this paragraph, the easements, covenants and restrictions of this Agreement shall continue to be benefits and servitudes upon the parcel and running with the land. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. Reciprocal Access and Stormwater Agreement Page 5 of 10 14. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the parcels to the general public or for the general public or for any public purposes whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Access Easement Areas of the parcels herein affected, or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to the control of the owner. Notwithstanding any other provisions herein to the contrary, the owners of the parcels may periodically restrict ingress and egress in order to prevent a prescriptive easement from arising by reason of continued public use. Any restriction on ingress and egress shall be limited to the period reasonably necessary to prevent the creation of a prescriptive easement and, to the extent reasonably practical, shall occur at such time as to have a minimum effect on the parties hereto. 15. NOTICES. All notices provided for herein may be delivered in person, sent by regular overnight courier service or mailed in the United States mail, registered or certified, with postage prepaid and, if mailed, shall be considered delivered three (3) business days after deposit in such mail: The .addresses to be used in connection with such -correspondence and notices are the following, or such other addresses as a party shall from time to time direct: . Owner 1: Rottle LLC Address 226 East Main Street Auburn WA, 98002 Owner 2: Rottle LLC Address 226 East Main Street Auburn, WA, 98002 16. DEDICATION. Owner 1 and Owner 2 shall have the right at any time hereafter to convey and dedicate the Stormwater Collection. System to the City of Auburn or any other governmental entity, at which time their obligations hereunder as to the System shall terminate. 17. MISCELLANEOUS (a) Headings. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof. (b) Unenforceability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. Reciprocal Access and Stormwater Agreement Page 6 of 10 (c) Gender. Wherever appropriate in' this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular and pronouns of certain genders shall be deemed to include either or both of the other genders. (d) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. (e) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but which when taken together shall constitute one and the same instrument. (f) Binding on Successors in Interest. The easements and agreement provided for herein are binding on the heirs, assigns and successors in interest of the parties hereto. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement-as of the day and year first above written. GRANTOR: GRAN EE: By: ,4~4 "Yo /CV By: Name: Name: Title: ' LS' - &Ee- ) Title: Date: ''5l s Date: ,s-/: r /,6 Reciprocal Access and Stormwater Agreement Page 7of10 Mark which notary is required: Corporate Individual L ership State'of Washington County of de~i r ' I certify that I know o ave satisfactory evidence that ~vL.l ~Psffr~ is the (NAME OF PERSON) person who appeared before me, and said person acknowledged that (he/" si n d this instrument, on oath stated that (hedshe) was authorized to execute the instrument and acknowledged it as the / j d _j (TYPE OF AUTHORITY, E.G., OFFICER, TRUSTEE, ETC.) of PARTY ON BEHALF OF WHOM THE INSTRUMENT WAS EXECUTED) 4. _ such party for the uses and purposes mentioned in the instrument. Dated: - .1 If (SEA ACKNOWLEDGEMENT - Form 5999 (Rev. 8.88) mfl ~~,A 3 State of Washington County of -/Grl I certify that I know o have satisfactory evidence that person who appeared before me, and said person acknowledged to execute the instrument and acknowledged it as the n i j , , - (TYPE OF of , E.G., OFFICER, TRUSTEE, ETC.) be the free and voluntary act of PARTY ON BEHALF OF WHOM THE INSTRUMENT WAS EXECUTED) such party for the uses and purposes mentioned in the instrument. Dated: s.IIAII (SEAL O ACKNOWLEDGEMENT - Form 5999 (Rev. 8-88) Reciprocal Access and Stormwater Agreement Page 8of10 be the free and voluntary act of SIGN URE lk-') g A&_/1r TITLE i My appointment expires cd2X -71Z is the (NAME OF PERSON that (helsh*sianed this instrument, on oath stated that (hekAe) was authorized SI ATURE TITLE l My appointment expires C EXHIBIT I LEGAL DESCRIPTION: Parcel A Parcel A Commencing at the northwest corner of Lot 2, City of Auburn Short Plat No.SP-1-86, according to the short plat recorded under Recording No.8604090946 and corrected by that affidavit of correction recorded under Recording No.8807010287, records" of King County,. Washington; thence North 89°30'22 " East, along the southerly margin of 28th Street NE, a distance of 70.24 feet to the northwest corner of Lot 3 of said short.plat and the True Point of Beginning; thence South 00°21'53" East, along the west line of said Lot 3, a distance of 140.03 feet to a point that lies 30 feet north of the southwest corner of said Lot 3; .thence North 89°31'24" East, along a line 30 feet north of and parallel with the south line of said Lot 3, a distance of 212.10 feet to a point on the westerly marin of "I" Street NE and the the beginning of a curve, concave to the east, having a radius of 1940.81 feet and a central angle of 03°01'59." and being subtended by a chord which bears North 02°01'30" East 102.73 feet; thence northerly along said curve and the, westerly margin of "I" Street NE, a distance of 102.74 feet to a point of reverse curvature on the westerly margin of. "I" Street NE; thence northwesterly, along a curve, a distance of 57.44 feet along the arc of said curve, concave to the southwest, having a radius of 35.00 feet and a central angle of 94°02'07" to the southerly margin of 28th Street NE; thence South 89°30'22" West, along said southerly margin, tangent to said curve, a distance of 181.38 feet, to the True Point of Beginning. Reciprocal Access and Stormwater Agreement Page 9 of 10 EXHIBIT 2 LEGAL DESCRIPTION: Parcel B Parcel B Beginning at the northwest corner of Lot 2, City of Auburn Short Plat No.SP-1-86, according to the short plat recorded under Recording No.8604090946 and corrected by that affidavit of correction recorded under Recording No.8807010287, records of King County, Washington; thence North 89°30'22" East, along the southerly margin of 28th Street NE, a distance of 70.24 feet to the northwest corner of Lot 3 of said short plat; thence South 00°21'53" East, along the west line of said Lot 3, a distance of 140.03 feet to a point that lies 30 feet north of the southwest corner of said Lot 3; thence North 89°31'24" East, along a line 30 feet north of and parallel with the south line of said Lot 3, a distance of 212.10 feet to a point on the westerly marin of "I" Street NE and a point of cusp on a curve concave to the east having a radius of 1940.81 feet and a central angle of 0°59'18" and being subtended by a chord 'which bears South 00°00'51" West 33.47 feet; thence South 00°22'01" East, along the westerly margin of NE "I" Street, a distance of 176.98 feet, to the south line of said short plat; thence South 85°05'55" West, along the south line of said short plat, a distance of 63.14 feet; thence South 00°22'55" East, a distance of 4.50 feet, along said south line; thence South 89°30'22" West, along said south line, a distance of 219.05 feet, to the southwest corner of said Lot 2; thence North 00°23'06" West, along the west line of said Lot 2, a distance of 359.90 feet to the Point of Beginning. Reciprocal Access and Stormwater Agreement Page 10 of 10 j 1 112 I 6$1691 2Y`/~ 4115 6 /I ?~6~16 616 i j 2 III 16 / / ` / / / V 3 110 16 ~ ► 4' 109 15 i 5 108 15 6 101 15 PARCEL A 106 15 1 0010 SF. REa 34 SPACES 1 ~m PARKING SPACES 134-115= J 9 10 103 41 SPACES 102 1~ 15 13 3 311 1 3 3 ~ 99 _ SFO~IERN ~ ~ .I 1 14 98 1 15 91 i n 113 114 115 11 6 111 1 1811 9 2 111 1 211231 1 251 1 121 12 12 3 1 31 132 13 w I 1 1 IS 94 1 19 ~ 1 92 I 10 91 i - 21 22 s I ACES 1 = 133 SPACE ' 24 P RCEL 8. I 25 81 I 21 60 S.F. REQ. 91 ES I = I 16 ~ 21 b5 28 84 - i 1 1 29 83 - - 1 I ~ 3 30 82 i a ~ j i 31 i 1 : 32 I 9 8 l 6 _ 1 0 96 6 6 2 1 - I I 33 i 1 , I 34 ' I 1 j GARBAGE j 1 E 3 37 3 3 4 1 41 4 4 4l 4 49 51 52 53 5 561890 _ ~ 1 ------------------------------------_f_-"----"~• i i THE KEIMIG ASSOCIATES ARCHITECTS/ PLANNERS 216 A STREET N.W. !SUM IPIM VGA 98001