HomeMy WebLinkAbout20011115002078 STORM EASEMENT 111501c~
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Return Address:
City of Auburn
City Clerk
25 West Main JA Ann
Auburn, WA 98001 CITY OF A.
fall
20011115002078
PACIFIC NN TIT 6AS 18.00
PAGE 001 OF 009
11/10/2001 15:12
KING COUNTY, IJA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(BLD01-0280 and GRA01-0013)
Reference # (if applicable):
N/A
Additional on page:
Grantor/Borrower:
1) Lone Brothers, LLC
2)
Additional on page:
Grantee/Assignee/Beneficiary:
City of Auburn
'
Legal Description/STR:
SE
12-21N-04E
Additional on page:
Assessor's Tax Parcel ID#:
631500-0381
f .l L.P
FILED BY PNWT
W1y5'3 lZ
THIS EASEMENT AND AGREEMENT made and entered into this P" day of
jlkk~ , 20 41 , by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Lone Brothers, LLC, located
at 1412 `I' St. NE, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY I-or the
construction of facilities at 16`h St. 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 is a covenant runniw't~h the land and binding
upon all heirs, successors and assigns of both parties; and r~,d most were flied ta+
by PAdAc Northwest Title a`
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Storm Water Easement and Maintenance Agreement
Page I of 9
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
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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 approved Record Drawings revised pursuant to construction records
for the City of Auburn under Permit Nos. BLDO1-0280 and GRAO1-0013, 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 A and incorporated
herein by this reference, 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 in accordance with the
ordinances and all applicable codes of the CITY and the Stormwater Pollution Prevention
Maintenance and Operation Schedule attached as Exhibit "B" and incorporated herein by this
reference. The PROPERTY OWNER does hereby agree that the CITY may enter onto the
property of the PROPERTY OWNER via the easement described above to inspect and perform
necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the
PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY
may enter onto the property of PROPERTY OWNER via the easement described above to
perform emergency maintenance in the event of the storm system's failure which might result in
adverse impacts(s) on public facilities or private facilities of other property owners. In both
events the PROPERTY OWNER agrees they shall reimburse the CITY for the costs incurred by
the CITY in maintaining the storm system. Should the CITY incur attorney's fees and/or costs in
enforcing the agreement and/or in maintaining or collecting maintenance fees, the PROPERTY
OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY.
Storm Water Easement and Maintenance Agreement
Page 2 of 9
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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.
EXECUTED as of the date first written above.
CITY OF AUBURN
DIRECTOR OF PUBLIC WORKS
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Owner •t Date
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Storm Water Easement and Maintenance Agreement
Page 3 U9
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that 7C-
is/are the
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as the 101X1-2,f4-x-A of
a limited liability company, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated /-O/
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Notary Public in,,*~d for the 9
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STATE OF WASHINGTON)
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County of King )
I certify that I know or have satisfactory evidence that U1~4(:04
is the person who appeared before me, and said person acknowledged that he signed is
instrument, on oath stated that he 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 party for the uses and purposes mentioned in this instrument.
Dated 1\1;~j O1
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,0Tppy ' Notary Public in and for the tate o Washington
o residing at
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File: 2.1, 4.1
REF. BLDO1-0280 (STM WAT EASE & MAINT AGREE)\E01-1513
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
LEGAL DESCRIPTION
THAT POR11ON OF THE JOSEPH BRANNON DONATION LAND CLAIM NO. 38 IN SECTION 12,
T 21 N, R 4 E, W.M., IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF "B" ST. NW WITH
THE CENTERLINE OF 16TH ST NW, THENCE S 8904'50"E, ALONG SAID CENTERLINE
OF 16TH ST NW, A DISTANCE OF 57.20 FEET; THENCE S 00'55'10' W DISTANCE OF
30.00 FEET, TO THE SOUTH MARGIN OF SAID 16TH ST NW; THENCE S 89'04'50' E,
o ALONG SAID MARGIN, A DISTANCE OF 335.13 FEET, TO THE TRUE POINT OF BEGINNING;
THENCE S 00'40'40' W A DISTANCE OF 474.52 FEET; THENCE S 89'06'05' E A
DISTANCE OF 210.00 FEET; THENCE N 00'40'40" E A DISTANCE OF 265.00 FEET; THENCE
S 89'06'05" E A DISTANCE OF 193.35 FEET, TO THE WESTERLY MARGIN OF 'Am ST NW-,
THENCE NORTHWESTERLY ALONG SAID WESTERLY MARGIN OF "A" ST NW AND THE SOUTHERLY
r MARGIN OF 16TH ST NW ON THE ARC OF CURVE TO THE LEFT WITH A RADIUS OF 270.04 FEET,
A CENTRAL ANGLE OF 7700'57", AN ARC LENGTH OF 362.98 FEET AND A CHORD WHICH
BEARS N 50'34'21" W 336.27 FEET; THENCE N 89'04'50" W A DISTANCE OF 141.10
~ FEET, TO THE TRUE POINT OF BEGINNING.
Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT `B'
STORMWATER POLLUTION PREVENTION PLAN
for
EXPRESS STORAGE / U-HAUL
16TH street N.W.
Auburn, WA
SUPA # SEP 01-0015
GSA # GRA 01-0013
Parcel # 631500-0381
Introduction:
The site has an area of approximately 2.9 acres and has been previously
to filled per GRA 0021-95. The subject site will propose two phases of
construction. The first phase will consist of a 600 SF temporary pre-
manufactured modular building and approximately 13,500 SF of pavement.
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The second phase will propose three new storage buildings with
o landscaping and asphalt parking. This report will fulfill the storm
.r~ drainage requirements for both phases.
The subject site is mostly flat and slopes towards the northwest corner
of the site. The stormwater runoff is mostly absorbed into the soils or
will sheet flow to an existing storm detention pond located in the
northwest corner of the site. Here the stormwater is released off-site
p to the west into an existing outlet where the water will enter the
c public storm drainage system located in 16th Street NW.
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According to the City of Auburn's Construction Standards for storm water
management, the city requires storm water quantity and quality control
to all proposed developments. We have proposed to collect all of the
storm water runoff from the building and pavement areas in a series of
catch basins. This water will be conveyed by storm drainage pipe to a
modified storm drainage detention/wet pond. Here the storm water will be
released through a modified control structure inside the pond into a new
off-site catch basin which is connected to the public storm system in
16th Street NW. Note the detention/wet pond sizing and control
structure has been designed to handle the stormwater runoff for the
future development of the entire parcel.
Plan Goal
The specific purpose for the storm water facility is to minimize
pollution that is typically associated with modern development. In
general, pollution from motor vehicles and pollution generated from
erosion. Attached to this narrative is a maintenance manual which
offers guidelines to the owner for storm water facility maintenance.
Prevention ffiHP' S
The owner shall be responsible for sweeping the lot, installing storm
drainage stenciling and provide spill control procedures. In case of
spill call 1-425-649-7000.
BMP RD.05 Wet Pond (conventional pollutants)
The BMP will be inspected a minimum of 2 times per year or as directed
in the Maintenance and Operation Manual. The owner shall keep a record
of inspection and maintenance for a period of 5 years and will provide
copy of the records and maintenance checklist for the City Inspector to
review.
Storm Water Easement and Maintenance Agreement
Page 6 of 9
The City of Auburn Utilities Section is to review and approve any
changes to this stormwater Pollution Prevention Plan prior to changes in
its implementation. Additionally, any changes in ownership or person of
responsibility are to be reported to the City Utilities Sections.
Persons of Responsibility: Express Storage
14214 Meridian Ave. East
Puyallup, WA 98373
Ph # (253) 841-4903
(Changes to ownership shall be reported to the City of Auburn's Utilities
crr Section.)
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Storm Water Easement and Maintenance Agreement
Page 7 of 9
Inspection / Maintenance:
Regular inspections of the drainage facilities should be carried out
twice per year, in the spring and fall. The responsible party should
keep records of these inspections available for review by the City.
Additional inspections may be required after severe seasonal storms.
Routine maintenance of the site will include mowing, care of landscaping
and the removal of trash and debris from the drainage system. The
parking lots and driveways should be kept clean and in repair. Events
such as major storms or heavy winds will require immediate inspections
cep for damages.
° To ensure proper water quality and treatment, the detention / wet pond
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must be properly maintained. Be.careful to avoid introducing landscape
o fertilizer to receiving waters or groundwater. If wet pond side slopes
become eroded over 2 inches deep, stabilize by using appropriate erosion
control measures (e.g., rock reinforcement, planting of grass,
compaction).
Catch Basins shall be cleaned when sump is 1/3' full of sediment or
o debris.
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Storm Water Easement and Maintenance Agreement
Page 8 of 9
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
ern
Storm Detention/
Inspection
el-.
wet Pond
Results
Maintenance
ewe.
Done
~s
Inspection
•n
Conveyance Pipes
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
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File: 2.1, 4.1
REF. BLDO1-0280 (STM WAT EASE & MAINT AGREE)1E01-1513
Storm Water Easement and Maintenance Agreement
Page 9 of 9
•
November 17, 1998
SENIOR HOUSING
ASSISTANCE, GROUP
(Iq
19 Mr. Jeff Dixon
Associate Planner
Planning & Community Development Department
CITY OF AUBURN
25 West Main
Auburn, WA 98001
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CITY OF'4 i. I;-
C11y CI FRKS dFF1N
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Via Hand Delivery
RE: Auburn Court Apartments, 102-106 - 10th Street NE, Auburn, Washington
Conservation Easement Agreement (for wetland mitigation and wetland buffer areas)
Dear Jeff:
In connection with the Auburn Court Apartments project located on 10th Street NE in Auburn, we are
hereby submitting, on behalf of the Auburn North Associates Limited Partnership, a Conformed Copy of
the recorded Conservation Easement Agreement (for wetland mitigation and wetland buffer areas) for
the Auburn Court Apartments project. '"The Conservation Easement Agreement was recorded today under
King County Recording Number 981 1170967.
If you have any questions or need any further information, please do not hesitate to call me at
(425) 228-4100, Extension 233, or at Cellular No. (206) 730-7257 or Mr. Bryan Park at (425) 228-2040.
Very truly yours,
AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP
By: Senior Housing Assistance Group,
Managing General Partner
'~A 41, a 1
Executive Director
EIMP:SL:A 111798DixonCityofAubum.doc
Enclosure
SENIOR HOUSING ASSISTANCE GROUP !De P.O. BOX 1040, RENTON, WA 98057-1040
TELE: 425-2284100 - TOLL FREF3.888450 .SHAG - FAX: 425-255-5458 - WWW.S-H-A-G.COM • Email: Shag@ecrnet.net
Recording Requested By And When Recorded
Return To:
Name: City of Auburn
Attn: City Clerk
Address: 25 West Main Street
City and State: Auburn, Washington 98001
C 'OA'F"V S 1L,~ E'lVE
E'40 V 17 1998
E'tii,~ Vds
EXCISE TAX NOT REQUIRED
King Co. Records Division
8 Deputy
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COVER SHEET
Document Title:
Conservation Easement Agreement (for
wetland mitigation and wetland buffer
areas)
Grantor:
Auburn North Associates Limited
Partnership
Grantee:
City of Auburn
Legal Description (Abbreviated):
Ptn SE 1/4, Sec 12-T21-R4 (Complete Legal
Description on Page 9, EXHIBIT "B"
attached hereto)
Assessor's Tax Parcel ID Nos.
122104-9027-0; and 122104-9028-0
Reference Nos. of Related Documents:
N/A
WIT 9d 010 SU0338 awn03 SPUN lid 00;4T:aT 1960-11IT86
4
CONSERVATION EASEMENT AGREEMENT
(for wetland mitigation and wetland buffer areas)
THIS CONSERVATION EASEMENT AGREEMENT (the "Agreement") is made and
entered into this 12th day of November, 1998, by and between AUBURN NORTH
ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, hereinafter
referred to as "GRANTOR," and the CITY OF AUBURN, a municipal corporation organized
under Title 35A RCW, hereinafter referred to as the "CITY" and/or "GRANTEE."
WHEREAS, the GRANTOR is owner in fee simple of certain real property located in the City
of Auburn, King County, Washington, legally described on Exhibit "A" attached hereto and
incorporated herein by reference, which property is intended to be subject to this Agreement
and burdened in perpetuity by this Agreement (the "Subject Property");
WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement
has the authority to burden the Subject Property for the purpose of granting the CITY a
perpetual non-exclusive wetland conservation easement (the "Conservation Easement") with
respect to certain wetland mitigation and wetland buffer areas legally described on Exhibit
"B" attached hereto and incorporated herein by reference (the "Wetland Property") located on
the Subject Property;
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality
of wetlands for the benefit of public health, safety and welfare;
WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to
maintaining a quality environment, maintaining quality water resources, and the preservation
of wildlife, and that preservation of the quality of wetlands is in conformity with the CITY'S
Comprehensive Plan;
WHEREAS, GRANTOR has received consideration for granting this Conservation Easement,
which consideration has a long-term benefit to the GRANTOR and the GRANTOR'S Subject
Property; and
WHEREAS, GRANTOR acknowledges the important environmental value of the
Conservation Easement and agrees not to undertake any activity which will in any way be
inconsistent with the preservation of the wetland mitigation or wetland buffer areas or the
quality of the wetlands on the Subject Property.
2
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby
agree as follows:
I. AUTHORITY TO BURDEN SUBJECT PROPERTY. GRANTOR is the owner in fee
simple of the Subject Property referred to above and has full power and authority to burden
the Subject Property in perpetuity with this Conservation Easement.
2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non-
exclusive Conservation Easement set forth herein to the CITY in perpetuity and covenants
that the Conservation Easement shall run with the land included in the Subject Property
legally described in Exhibit "A" attached hereto. The Conservation Easement shall burden the
Subject Property and benefit the CITY and the public.
3. HEIRS, SUCCESSORS AND ASSIGNS. This Conservation Easement shall be
binding on the officers, directors, shareholders, members, partners, employees, agents,
personal representatives, heirs, successors and assigns of the parties.
4. SCOPE OF EASEMENT. The Conservation Easement granted hereunder shall allow
CITY to enter upon the Subject Property for the purposes of monitoring, maintaining,
preserving and enhancing the Wetland Property legally described on Exhibit "B" attached
hereto. GRANTOR covenants not to in any way impair or interfere with the function and use
of the Wetland Property, and GRANTOR further covenants to take reasonable and necessary
steps to restrict access to the Wetland Property and prohibit construction of any structures or
artificial surfaces or alteration of any vegetation within the Wetland Property. No activity of
any kind may take place within the Wetland Property without the prior approval by the City of
Auburn Director of Planning and Community Development. The CITY shall be permitted to
enter onto the Subject Property at all reasonable times to monitor and maintain the Wetland
Property or wetland functions such as recharge, conveyance or storage of storm water.
5. DUTIES OF THE CITY. In consideration of the grant of the Conservation Easement
herein, the CITY agrees to monitor, maintain, preserve and protect the Wetland Property and
its wetland value at the CITY'S sole expense. The CITY shall not unreasonably interfere with
the ownership, possession, use or enjoyment by GRANTOR or GRANTOR'S tenants of the
Subject Property when entering the Subject Property to perform the permitted functions
described herein.
6. PROHIBITED USES OF WETLAND PROPERTY. GRANTOR shall not undertake,
nor cause to be undertaken, any activity or use of the Wetland Property which is inconsistent
with the CITY'S Wetland Mitigation Plan, or the purpose, scope or intent of this Agreement.
7. RESERVED RIGHTS. The GRANTOR reserves to itself all right, title, interest and
obligations incident to ownership of the Subject Property and. Wetland. Property except those
rights and interests expressly conveyed to the CITY hereunder and those obligations expressly
undertaken by the CITY hereunder.
8. ENFORCEMENT. In the event the CITY determines that GRANTOR is in violation
of the terms of this Agreement, and an enforcement action is initiated, the prevailing party in
such action shall be entitled to recover reasonable attorney's fees and costs incurred in
prosecuting or defending against such enforcement action in addition to any other remedy or
relief obtained. The CITY, at its option, may take action to preserve and protect the Wetland
Property or its wetland function, after first giving GRANTOR written notice, to protect the
wetland, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable
from GRANTOR if GRANTOR is found to be in violation of this Agreement.
9. NON WAIVER OF BREACH. No omission or failure by the CITY to exercise or
enforce any of its rights under this Agreement or to enforce any breach hereof, nor any
forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY of
such rights or a discharge of liability for any breach by GRANTOR of the terms hereof. Nor
shall any delay by the CITY in the exercise or enforcement of its rights and remedies limit or
impair such right or remedy or be construed as a waiver of the CITY'S right to pursue its
remedies.
10. COSTS AND LIABILITIES. Except as provided in Paragraph 5 of this Agreement
above, GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind
related to or incidental to the ownership of the Wetland Property and agrees to pay all
assessments and taxation (if any) against said Wetland Property assessed by any governmental
authority as they become due.
11. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR agrees to hold
harmless and indemnify and defend the CITY, its officials, members, employees and agents
from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including, without limitation, reasonable attorney's fees, arising from
or in any way connected with injury or death to any person or physical damage to any
property resulting from any act, omission, condition or other matter relating to or occurring on
the Wetland Property regardless of cause, unless such injury, death or damage results from the
negligence of the CITY or its officials, members, employees, agents or invitees. Furthermore,
GRANTOR agrees to indemnify, hold harmless and defend the CITY from and against any
liabilities, penalties, costs, losses, damages, expenses causes of action, claims, demands or
judgments, including, without limitation, reasonable attorney's fees, arising from or relating to
any third party claim which challenges GRANTOR'S right to execute and deliver this
Agreement.
4
12. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in
any deed, lease (other than residential apartment leases entered into in the ordinary course of
GRANTOR'S business) or other agreement which divests GRANTOR of any interest in any
portion of the Subject Property. GRANTOR shall record this Agreement immediately in the
Office of the King County Department of Records and Elections.
13. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose
and intent hereof.
14. SEVERABILITY. If any provision of this Agreement is ruled invalid or unenforceable
for any reason by a court of competent jurisdiction, the remaining provisions hereof shall
remain in force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of
the date first written above.
ASSIGNOR:
AUBURN NORTH ASSOCIATES
LIMITED PARTNERSHIP, a Washington
limited partnership
By: Senior Housing Assistance Group, its
Managing General Partner
By:
ur L. in
Executive Director
ASSIGNEE:
CITY OF AUBURN, a municipal
corporation
By: Q1 . l-'r~ s Q,
Name: Charles A. Booth
Title: Mayor
5
STATE OF WASHINGTON )
} ss.
COUNTY OF KING }
THIS IS TO CERTIFY that on this 17th day of November, 1998, before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and
sworn, personally appeared ARTHUR L. MARTIN, to me known to be the Executive
Director of Senior Housing Assistance Group, a Washington nonprofit corporation, Managing
General Partner of AUBURN NORTH ASSOCIATES LIMITED PARTNERSHIP, a
Washington limited partnership, the limited partnership that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said limited partnership for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument on behalf of said limited partnership.
WITNESS my hand and official seal the day and year of the certificate first above
written.
OFFICIAL SEAL
SHARON L MELVEJ
Notary Pub5c State of Washington
My Commission Expires 11-MI
Sharon L. Mel vej (Print N e)
Residing at Seattle
My appointment expires 11-8-01
6
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
THIS IS TO CERTIFY that on this day of November, 1998, before me, the
undersigned, a notary public in and for the State of Washington, duly commissioned and
sworn, personally appeared (-?Gr'lrs to me known to be the
' of the CITY OF AUBURN, a Washington municipal
corpor tion, the corporation that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said corporation.
WITNESS my hand and official seal the day and year of the certificate first above
written. E, p r"l Da Ile-
ni far (Print Name)
Z* Z Residing at
• My appointment expires /C) - 5 j
7
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY
PARCEL A
The East 327.5 feet of the South 660 feet of the Southeast quarter of the
Southeast quarter of Section 12, Township 21 North, Range 4 East, W.M., in King
County, Washington;
Except that portion thereof, if any, lying North of a certain fence along which the
North boundary of the premises was fixed by Decree entered April 14, 1928 in
King County Superior Court Cause Number 206455.
PARCEL B
The East half of the following described parcel of land:
Beginning at a point on the South line of Section 12, Township 21 North, Range 4
East, W.M., in King County, Washington, said point being 327.5 feet West of the
Southeast corner of said Section 12; running
Thence North 660 feet;
Thence West 593 feet, more or less, to the easterly margin of the Northern Pacific
Railway Company's right of way;
Thence Southerly, along said right of way margin, 660 feet, more or less, to the
South line of said Section 7;
Thence East, along said South line, 584.5 feet, more or less, to the point of
beginning;
Except that portion thereof, if any, lying northerly of a certain fence along which the
North boundary of said premises was fixed by Decree entered April 14, 1928 in
King County Superior Court Cause Number 206455.
EXHIBIT "B"
LEGAL DESCRIPTION
WETLAND CONSERVATION EASEMENT
PORTION of TAX LOT No. 122104-9028
All that certain real property situate in the City of Auburn, King County, State of Washington,
being a portion of the Southeast Quarter of the Southeast Quarter of Section 12,
Township 21 North, Range 4 East, Willamette Meridian, and being a portion of that certain
Parcel "F" as shown on Record of Survey, filed in Volume 20, of Surveys, Pages 149 & 149-A,
and recorded under Recording No. 7910029009, King County Records, described as follows:
AN EASEMENT, for wetland conservation purposes, in, on, over, under, through, and across
an area of land, the perimeter boundaries of which are more particularly described as follows:
Commencing at the Southeast corner of Section 12; Thence, along the South line of said
Section 12, North 86°09'44" West 327.79 feet, to the Southeast corner of said Parcel "F";
Thence, along the South line of said Parcel "F", North 86°09'44" West 25.32 feet, to the
TRUE POINT OF BEGINNING of the herein-described Easement Area; THENCE, along the
perimeter boundaries the following courses:
1) North 86°09'44," West 237.84 feet, continuing along said South line of Parcel "F";
2) North 01 °09'29" East 595.39 feet, parallel with and 30.00 feet East from the
West line of Parcel "F";
3) Northeasterly 40.48 feet, along the arc of a 25.00-foot radius curve,
concave to the Southeast, through a central angle of 92°46' 19";
4) South 86°04'12" East 214.44 feet, parallel with and 35.00 feet South from the
North line of Parcel "F";
5) South 01 °25'05" West 621.12 feet, parallel with and 23.50 feet West from the
East line of Parcel "F", to the True Point of Beginning.
The above-described Easement Area contains approximately 3.4061 Acres, more or less.
SUBJECT TO an EASEMENT for roadway slopes, appurtenances thereto and maintenance thereof, in,
on, over, under, through and across a strip of land 10.00 feet in width, parallel with and
10.00 feet Easterly, Southeasterly, and Southerly from the above-described Westerly, Northwesterly,
and Northerly boundary lines (Courses #2, #3, and #4).
The Easterly and Southerly sidelines of the above-described Slope Easement are to be
lengthened or shortened to terminate at the Southerly and Easterly boundary lines of
the Wetland Conservation Easement.
ment contains approximately 8,427 square feet, more or less.
End of Description
Prepared by:
Barghausen Consulting Engineers, Inc.
Job No. 6105 Nov. 4, 1998
"AUBURN COURT APARTMENTS"
(PROPOSED) IGNT-pF WAY for 10th STREET N.E.
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R: 2qA ~j 'EMEH~ T•,FEk. I
0kt
i t I I '
Ji ' IFN s p,l i1 i I ' cm I I j/ It Irl!i.r. .I I AFT g_D w -fill
'
~ 'f~ ~i. ll j`i iii i ilj~ !J 1 ~--,rvti..___-~
a s ~ s vi1 , r N PAR~EL-M-.__
R.0 V0. 40, Pp. 149 149A
10
r 5
-
A
1 FTLJ M-
ti ' a {
° _ ~ JW AI ' r 'r-j-__ , J -ICONSERVA-Tri 0 '
4 r
Ca - ~ . y rl I J
AREA.
rI _ _ z I ~ ti
148.369 sq:ft. ~ APT, BLDG
v 34060.73 a
t -cr-e s o ix N
° . . . • . . . . . . .Z'o.
::L 10' EASEMENT FOR
30, ROADWAY SLOPES I r APT- BLDG
8,427 ± sq.ft: I ti i 47~~GHAVS~2
F . _ . . . . . . . . i, L I
I I r-j , r o
V-
~ ~ I r •z.. -.I-'1 ~ W W
z ' True Point 5 L " '-d-
J7.64
or Beginn ng I I e L s a
L• rJ
2
N8&'09'44 "W 52 1 2
N86'09,44 W 327 79'
EXHIBIT MAP
WETLANDS CONSERVATION EASEMENT
PORTION of the S. E.1/4 of the S. E.1/4 of SECTION 12
Township 21 North, Range 4 East, Willamette Meridian
7
18 " 13
City of AUBURN KING County State of Washington
Jab No. 6105 SCALE: 1'=100'
File: P:\SDSKPROJ\6105\SURVEY\61056DY1.DWG Dote/Time: 11/05/1998 10:39 Scale: 1=100 Mikeh Xrefs: