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