HomeMy WebLinkAbout9604260423 STORM EASEMENT 042696CITY CLERK'S OFFICE
CITY OF AUBURN
25 West Main
RECEIVED THIS DAY
Auburn, WA 98001 ADD (T 1 5a PH '96
CITY OF AUBURN STORM WATER EASEMENT AND )(.TEN. C
AGREEMENT u OF
(FAC0004-95, BLD0213-95) RECORDS & ELECTIONS
KING COUNTY
THIS EASEMENT AND AGREEMENT made and entered into this
day of }'G'IGS rF t1 19q,(. , by and between the
CITY OF AUBURN, a municipal Jorporation, located in King
County, Washington, hereinafter referred to as "CITY" and
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Shurgard Storage Centers, Inc., of 1201
Third Ave.,
Suite
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2200, Seattle, WA
98101, hereinafter
referred
to as
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W
"PROPERTY OWNER".
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WHEREAS, PROPERTY
OWNER has applied f
or certain permits
W
with the CITY for the
construction of facilities at
8 16th
Street NW 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
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
CU EXCISE TAX NOT REQUIRED
C3 King Co. Records Division
N pp
IM
B C Z'1, , Deputy
Storm Water Easement & Maintenance Agreement
10118/95 (FE134)
Page 1 of 6
t:
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
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.
C11 NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
a 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
approved Record Drawings revised pursuant to construction
records for the City of Auburn under Permit Nos. FAO0004-95
and BLD0213-95, 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:
Storm Water Easement & Maintenance Agreement
10/18/95 (FE134)
Page 2 of 6
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
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
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incur attorneys fees and costs in enforcing the agreement
and/or maintaining or collecting maintenance fees the
PROPERTY OWNER agrees to pay reasonable attorney fees and
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costs of the CITY.
Section 4. ACKNOWLEDGMENT OF OTHER ENFORCEMENT
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 & Maintenance Agreement
10/18/95 (FE134)
Page 3 of 6
CITY OF AUBURN
t
FRAN A. CURRIE, P. W. DIRECTOR
PROPERTY OWNER
Shurgard Storage Centers, Inc.
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Storm Water Easement & Maintenance Agreement
10/18/95 (FE134)
Page 4 of 6
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this - O day of YV 191L , before
me, the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
FRANK A. CURRIE, to me known to be the Director of Public
Works for 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
Q
(Tj affixed my official seal on date hereinabove set forth.
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sFq''r
NO'f AMY N '
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W•vr, - .
NOTARY PUBLIC in and or the State
of Washington, residing at
MY COMMISSION expires:
Storm Water Easement & Maintenance Agreement
10/18195 (FE134)
Page 5 of 6
STATE OF WASHINGTON
) ss.
COUNTY OF k51) )
On this day of
before me, the undersigned, a Notary Public in and for the
State of Washington, personally appeared
. -S7. Wa q r1 er-
to me known / to be the
S~ 0r- L'~ LSl(~C-40-h f
the cor ation/partn ship
who executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary
act and deed of said corporation/ partnership, for the uses
C)
and purposes therein mentioned, and on oath stated that
he/she/they is/are authorized to execute said instrument on
CD
Q~ behalf of said corporation/partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth.
NOTARY PUBLI n and for the State
of Washingt residing at ere-el
MY COMMISSION expires: 120
HPM/bd
REF. H:\FAC\FAC0455\E95-2085 and
Y:\PRMSYS\DOCUMENT\BLD0213-.95\AGREEMNT
Storm Water Easement & Maintenance Agreement
10/18/95 (FE134)
Page 6 of 6
r EXHIBIT I
Pr-emaryp Parcel Number 000080-0052
That portion of the Joseph Brannon Donation Land Claim No. 38 in
Section 12, Township 21 North, Range 4 East, W.M., in King County,
Washington, being described as follows:
Commencing at the point of intersection of the centerline of "B" St.
N.W. with the centerline of 16th St. N.W.;
thence south 89004'50" east, along said centerline of 16th St. N.W.,
a distance of 57.20 feet;
thence south 00055110" west, a distance of 30.00 feet, to the south
margin of said 16th St. N.W. and the TRUE POINT OF BEGINNING;
thence south 89004150" east, along said margin, a distance of
335.13 feet;
thence south 00040140" west, a distance of 474.52 feet;
thence south 89006105" east, a distance of 210.00 feet;
thence south 00040140" west, a distance of 285.89 feet, to the
northerly margin of 15th St. N.W.;
thence northwesterly along said margin along the arc of a curve with
b„ a radius of 1864.00 feet, a central angle of 17048118 an arc
length of 579.24 feet and a chord which bears north 78027144" west,
576.92 feet, to the easterly margin of "B" St. N.W.;
thence north 00043113" east, along said margin, a distance of
33.01 feet;
thence along a curve to the left with a radius of 2023.33 feet, a
central angle of 300815611, an arc length of 111.20 feet and a chord
which bears north 00051131" west, 111.19 feet;
thence along the arc of a curve to the right with a radius of
1970.00 feet, a central angle of 300811411, an arc length of
107.87 feet and a chord which bears north 00051129" west,
107.86 feet;
thence north 00042'31" east, a distance of 374.98 feet;
thence north 45048150" east, a distance of 38.24 feet, to the TRUE
POINT OF BEGINNING;
(ALSO KNOWN AS Parcel A of City of Auburn Lot Line Adjustment Number
LLA-0007-95, recorded under Recording Number 9504251592).