HomeMy WebLinkAbout9402021597 STORM EASEMENT 020294CITY CLERK'S OFFICE i 3_`a 1-4 uJ
' CITY OF AUBURN 4/6
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5 West Main EASEMENT AGREEMENT Auburn, WA 98001
THIS AGREEMENT, dated this /[J day of September, 1991, is made by and
between Bttt SEGALE ("Segale") and HILL-RAAUM INVESTMENT COMPANY, a
Washington general partnership ("Hill").
RECITALS
WHEREAS, Segale is the current owner of a certain parcel of real property
located in Auburn, Washington, which parcel is legally described on Exhibit A,
attached hereto and identified as "RST Site" on Exhibit D, attached hereto; and
WHEREAS, Hill is the current owner of a certain parcel of real property located
in Auburn, Washington, which parcel is legally described on Exhibit B, attached hereto
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c and identified as "Hill Site" on Exhibit D, attached hereto; and
c and identified as "Hill Site" on Exhibit D, attached hereto; and
WHEREAS, Hill is constructing a pump station and discharge system in
conjunction with the building on the Hill Site for Beadex Manufacturing Company; and
WHEREAS, Segale wishes to hook up temporarily to this system until required
by the City of Auburn to drain directly into the city system, which is undersized at
present.
NOW, THEREFORE, for and in consideration of the promise of the grants,
Q conveniences, warrants, covenants and agreements contained herein, the parties
covenant and agree as follows: EXCISE TAX RP!JUIRE
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AGREEMENT
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0 1. Grant of Easements: Hill does hereby grant to Segale a storm drainage
easement legally described on Exhibit C, attached hereto.
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2. Use of Easement Areas: Hill will construct the improvements in the
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easement as outlined in the letter by Foushee and Associates, Inc. dated July 9, 1991
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x (attached as Exhibit E) and approved by the City of Auburn. Segale will be allowed
to hook up to the valve and connection stubs provided for the storm water runoff from
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' the RST Site.
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Upon execution of this agreement, Segale will pay to Hill
TWELVE THOUSAND ONE HUNDRED THIRTY-THREE DOLLARS ($12,133.00) as his
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50% share of the cost of the upgraded 6" storm system and off-site improvements
in Exhibit E.
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3. Future Maintenance: Segale will reimburse Hill for 50% of any
maintenance required to be done on the storm drain system during the time Segale
uses the system; provided that neither Hill nor Hill's tenant has caused the damage.
4. Effect of Successors: This agreement and all of the terms and provisions
hereof shall inure to the benefit of and be binding upon the heirs, executors, personal
representatives, successors and assigns of the parties hereto and shall run with the
land, benefiting and burdening the respective parcels defined in this agreement.
5. Temporary Nature of this Easement: This easement agreement and the
easement described herein will cease upon the City of Auburn's request of Segale to
hook up directly to the city system.
6. Attorneys' Fees: If any party shall bring an action against any other party
under this agreement by reason of the breach or alleged violation of any covenant,
term or obligation hereof, or for the enforcement of any provision hereof or otherwise
arising out of this agreement, the prevailing party in such suit shall be entitled to its
costs of suit and reasonable attorneys' fees, which shall be payable whether or not
such action is prosecuted to judgment. "Prevailing party" within the meaning of this
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r'l paragraph shall include, without limitation, a party who dismisses an action for
recovery hereunder in exchange for payment of the sums allegedly due, performance
of covenants allegedly breached, or consideration substantially equal to the relief
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sought in the action. In the event of trial, the amount of the attorneys' fees shall be
fixed by the court.
7. Partial Invalidity: If any provision of this agreement is, becomes, or is
deemed illegal or invalid, such provision shall be deemed amended to conform to
applicable laws so as to be valid and enforceable, or if it cannot be so amended
without materially altering the intention of the parties, it shall be stricken and the
reminder of this agreement shall remain in full force and effect.
8. Entire Agreement: This is the entire agreement between the parties hereto
relative to the subject matter contained herein and correctly sets forth the rights,
duties and obligations of the parties. No oral representations or modifications
regarding this agreement shall have any force.
9. Headings: The section and paragraph headings in this agreement are for
the convenience of the parties only and are not intended to modify or define it in any
way.
Easement Agreement - 2
10. Indemnity: Each owner shall indemnify and hold harmless the other owner,
its agents, employees, partners and officers from and against any and all damages,
losses, claims, costs, expenses or liabilities resulting from, or in connection with, the
use and enjoyment of the easements granted hereunder and occurring on its own
parcel, excepting only such claims as may result from the act of neglect of any other
owner, its agents, employees or successors and assigns.
11. Lien for Reimbursement: Whenever this agreement calls for one (first)
owner to reimburse a second owner, such reimbursement obligations shall be a burden
running with the first owner's parcel and benefiting the second owner and, to the
extent that such reimbursement is not paid in accordance with the terms of this
agreement, the second owner shall have a lien upon the first owner's parcel to secure
the payment of sums due hereunder.
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12. No Partnership: None of the terms or provisions of this agreement shall
be deemed to create a partnership between or among the parties hereto, nor shall it
cause them to be considered joint venturers or members of any joint enterprise. This
agreement is not intended nor shall it be construed to create any third party
beneficiary rights in any person who is not a party to this agreement unless expressly
otherwise provided.
13. No Dedication for Public Use: Nothing herein contained shall be deemed
to be a gift or dedication of any of the easements, or any portion(s) thereof, described
to the general public, or for the general public or for any public use or purpose
whatsoever, it being the intention and understanding of the parties hereto that this
agreement shall be strictly limited to and for the purposes herein expressed, for the
maintenance and operation of private improvements on private property solely for the
benefit of the parties hereto.
Id DATED the day and year first above written.
SEGALE HILL-RAAUM INVESTMENT CO.,
a Washington general partnership
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Its Q•+t.at.A'"~
Easement Agreement - 3
STATE OF WASHINGTON 1
COUNTY OF KING 1
I certify that I know or have satisfactory evidence that -Hitt Segale is the person
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who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument, and
acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED 46~ xQQt-
STATE OF WASHINGTON
COUNTY OF KING
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STATE .OF.WASHINGTON
COUNTY OF K-t
Not y Public i an for the state of
Washington, residing at r
My appointment expires
I certify that i know.or have satisfactory evidence that _ .~afr.►~ pl~►.4Ka.
- is the person who appeared before me, and said. person
acknowledged that a., signed this instrument; on oath stated that
was autiivrizec.to execute the instrument and acknowledged it as .
Of
,_;i9S~C.r~~/ebN=ee: "Vo T y to be
the free and voluntary act of such party for the uses and purposes mentioned in the Instrument
DATED: /41
Notary Public
My appointment expires r'r r~
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Easement Agreement - 4
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
ALL THAT PORTION OF LOT 9, BLOCK 'B", LUNN'S GARDEN TRACTS TO AUBURN,
ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING
COUNTY, WASHINGTON, LYING NORTH OF THE ABANDONED RIGHT-OF-WAY OF THE
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, AND EAST OF A
LINE 195 FEET EAST OF THE EAST LINE OF "H" STREET NORTHWEST IN THE CITY
OF AUBURN;
ALSO ALL OF THE NORTH 20 FEET OF THAT PORTION OF LOT 9, SAID BLOCK "B"
LYING EAST OF "H" STREET NORTHWEST IN THE CITY OF AUBURN AND WEST OF A
LINE 195 FEET EAST OF THE EAST LINE OF SAID "H" STREET NORT,-IWEST:
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v4 ALSO THE EAST 220.56 FEET OF LOT 9, BLOCK "B", LUNN'S GARDEN TRACTS TO
C~ AUBURN, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 33,
IN KING COUNTY, WASHINGTON, LYING SOUTH OF THE ABANDONED RIGHT-OF-WAY
OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY;
ALSO LOT 5 AND THE EAST 73 FEET OF LOT 6, BLOCK "B", LUNN'S GARDEN
TRACTS TO AUBURN, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF
PLATS, PAGE 33, IN KING COUNTY, WASHINGTON.
SUBJECT TO EASEMENT PER AUDITOR'S FILE No. 259858
PARCEL B:
ALL OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY'S
ABANDONED RIGHT-OF-WAY IN THAT PORTION OF LOT 9, BLOCK 8, LUNN'S
GARDEN TRACTS TO AUBURN, ACCORDING TO THE PLAT RECORDED IN VOLUME
10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON, EXTENDING BETWEEN
THE EAST LINE OF SAID LOT 9 AND A LINE PARALLEL TO AND 195 FEET EAST
OF THE EAST LINE OF "H" STREET NORTHWEST IN THE CITY OF AUBURN, AS
MEASURED ALONG A LINE BEARING NORTH 87'16'44" WEST.
EXHIBIT B
Legal. Description
The West 360 feet of the existing Lot No. 3 of Short Plat No. 3-77
together with the East 82.63 feet of the South 30 feet of the existing
Lot No. 3 together with the South 30 feet of existing Lot No. 4 of
short Plat No. 3-71, City of Auburn, Washington, located in the N.E.
of Sec. 13, Township 21-N, Range 4-E, W.M., King County, Washington.
As recorded under King County Recording No. 7703150519 and revised
under King County Recording No. 9104160350.
119
EXHIBIT C
STORM DRAINAGE. EASEMENT
The West iO feet of Lot No. 3 of Short Plat No. 3-77, City of Auburn,
Washington.
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EXHIBIT D
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C.EHER4L CONTRACrons
r-ousti►cc
AND ASS00AT'ES WC
3260. 118THA✓E. SE, SUITE 1000
P.O. BOX 3767
BELLEVUE. WA 98"
206746.1000
July 9, 1991
EXHIBIT E
Mr. John Pietromonaco
HILL-RAAUM INVESTMENT COMPANY
P.O. Box 700
Mercer Island, WA 98040
Re: Beadex
Job #90-95
Dear John,
As per your request we have put together the cost to install the 6" pressure storm line systems along
the west property fine of the above referenced project.
The following items are included:
•
Valves and future connection stubs
•
3" PVC pressure storm line
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Reshape existing drainage ditch
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•
New sod at drainage ditch
•
New 12" PVC storm line
•
New C.B.
•
Repair existing sidewalk (offsite)
•
labor, survey, supervision
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.
•
Upsize 3" pressure line to 6" line for future use
(444/1-F g $1.75/1-F)
TOTAL COST FOR 6" PRESSURE STORM LINE
If you have additional questions please call our office.
Sinc
F ely,
Robert W. Guymer
RWG:jd
cc: Howard Braden/Architect
$21,650 + WSST
__$777+WSST
$22,427+ WSST
I:\JOBS\90-95\PRESSURE.OWN
Seatrlc: 206621-6219 FAX.' 2061746.3737
CCOI-FO-US-HA-C15600