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Home My WebLink About19990712000643 WATER EASEMENT 071299T ri 22 1 w , Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Waterline EASEMENT for Support Services Center teference Number(s) of Documents assigned or released: ]Additional reference #'s on page - of document .7rantor(s) (Last name first, then first pa a and initials) aranton- (l amt name first) - ~r Q-4 At,,,, /,w ri,~ .egal Description (abbreviated: i.e. lot, block, plat or section, township, range) .W 13-31-04 Additional legal is on page -4- document. Assessor's Property Tax Parcel/Account Number: 132104-9013 ❑ Assessor Tax # not yet assigned 19990712000643 PAGE 07/12/1999 /1F10014 CITY OF AUBiJRN EAS IN COUNTY, 1JA - - - - 12 .00 Return Address:, City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording .information. 6k__G,o0 ( ( -7 S CITY OF AUBURN AUBURN SCHOOL DISTRICT WATERLINE EASEMENT SUPPORT SERVICES CENTER For and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits derived by the Grantor herein, the Grantor, AUBURN SCHOOL DISTRICT NO. 408, hereby conveys and warrants to CITY OF AUBURN, Grantee herein, a Municipal Corporation of the State of Washington, its successors and assigns, a perpetual non-exclusive easement for the purpose of laying, maintaining, and installing water transmission lines and appurtenance thereto, said real property being described as follows: See "Attachment A" Said Grantee has the right, at reasonable times and after giving reasonable notice, and in exercising all reasonable precautions to assure safety of students, staff and public, enter upon said Easement for the purposes of maintenance, construction, repair, or reconstruction of the above improvements. Said Grantor shall make every effort to not block, restrict or impede access and egress to and from the Easement. Grantor may fence across Easement and/or along boundaries of Easement provided that a gate is constructed in the fence to allow Grantee access. 19990712000643 PAGE 002 OF 005 - 1 07/12/1999 10:14 KING COUNTY, WA 12.00 CITY' OF AUBURN EA8 This Easement shall be a covenant running with described real property and shall be binding successors, heirs and assigns of all parties. DATED this 10th day of March the above upon the 1999. GRANTOR AUBURN SCHO L DISTRICT NO. 408 By Linda S. owan, Superintendent ACCEPTED BY: GRANTEE CITY OF AUBURN 9~a STATE OF WASHINGTON COUNTY OF KING ss. On this 10th day of March 1999, before me, a Notary Public in and for the State of Washington, personally appeared Linda S. Cowan , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as the Superintendent of AUBURN SCHOOL DISTRICT NO. 408 to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and officials seal the day and year first above written. 6p 14r~^' ,~/'l~ EasementE,q R •~ARdP; 1;4R@ - Notary Public in hnWfor the State of Washington, residing at Auburn My Commission Expires II I + I "TTY OF AUBURN EAS - - 12_00 19990712000643 PAGE 003 OF 005 07/12/1999 1014 KING COUNTY, WA AUBURN SCHOOL DISTRICT NO. 408 SUPPORT SERVICES CENTER WATERLINE EASEMENT JANUARY 18, 1999 A portion of Lots I and 2 according to the City of Auburn short plat No. SP-5-85 as recorded under Auditor's File No. 8507170422 and Boundary Line Adjustment as recorded under Auditor's File No. 8905090799, records of King County, Washington being a strip of land 15.00 feet in width lying 7.50 feet on each side of the following described centerlines: Commencing at the Northeast corner of said Lot 2; thence South 00°39'58" East along the East line thereof 9.91 feet to the Point of Beginning of said centerline; thence South 41 °58'35" West 105.52 feet to a point hereinafter referred to as Point "A"; thence South 00°05'19" West 57.45 feet to a point herinafter referred to as Point "B"; thence continuing South 00°05'19" West 27.35 feet to a point hereinafter referred to as Point "C"; thence South 00°39'58" East 109.04 feet; thence South 44°32'05" West 84.32 feet; thence South 88°34'20" West 2.19 feet to a point hereinafter referred to as Point "D"; thence continuing South 88°34'20" West 106.28 feet; thence South 89°59'03" West 160.61 feet to a point hereinafter referred to as Point "E"; thence North 00°07'22" East 202.44 feet; to a point hereinafter referred to as Point "F''; thence North 59°11'33" East 105.47 feet; thence North 89°56'38" East 236.03 feet to aforesaid Point "A" and the terminus point of said centerline. TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "B"; thence North 87°30'56" East 25.65 feet to the terminus point of said centerline. TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "C"; thence South 89'18'43" West 53.32 to the East exterior wall of the Support Services Building and terminus point of said centerline. The sidelines of said easement may be shortened or lengthened to terminate at said East wall. TOGETHER with a strip of land, 15.00 feet in width, the centerline of which begins at aforesaid Point "D"; thence South 01 °56'21" East 15.22 feet to the terminus point of said centerline. TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "E"; thence South 00°07'22" West 72.93 feet; thence South 89°34'25" West 28.90 feet to the terminus point of said centerline. TOGETHER with a strip of land 15.00 feet in width, the centerline of which begins at aforesaid Point "F"; thence North 31 °22'18" West 32.40 feet to the terminus point of said centerline. The sidelines of said 15.00 foot wide stips to lengthen or shorten as necessary to begin at the exterior boundary of said Lot 2, at right angles to said points of terminus or at points of commonality as appropriate. Prepared By: / r 19"', Date: /R/x-~ Neil . Cabbage PLS 423345 Horton Dennis & Associates, Inc. (425) 822-2525 aubumllgl 19990712000643 PAGE 004 OF 005 07/12/1999 10:14 KING COUNTY, WA d 12.00 - cITY OF AUBURN EAS A PORTION OF CITY OF AUBURN SHORT PLAT NO. SP-5-85 KING COUNTY, WASHINGTON 80 40 0 80 160 240 SCALE IN FEET n -4 EEaEW i~ a N 1,D c D 729 tm a o m m 9 CID (A 0 ON i 4% (A I 1 _ 5 875737' E - - 484.39' ~ 294.38• ~ - - . ~ 190.03' >:.s+• WATER LINE EASEMENT 15.00 FEET IN WIDTH, P O S 7.5 I•zEi ON EACH SIDE . . . ' I OF CENTERLINE. 41 o - -~j _ A HORIZONTAL DATUM: RECORD OF SURVEY RECORDED ' b b t I UNDER AUDITOR S FIE NO. 921218900, VOL 70 OF ~'E SURVEYS AT PAGE 259- DATED 18 DEC 1992, n a RECORDS OF KING COUNTY, WASHINGTON. •F-} B I 3 I ' C. s 1 f MAIN BUILDING FED-~ T -D- - tS27 s-. Ja cl. LOT 2 LOT I 23343 ~•F f06.72 ~ 214.93 - - 65 - ITEM _ N _ 8612'34 E 321. catuloco.mcfs AUBURN SCHOOL DISTRICT NO. 408 WATERLINE EASEMENT 9774.00 . Sl.! Rttt xuci'= _ n In W~= FAS°°^'°' Hf°RA1f A'K V RX m psy AD SWO "W MM SUPPORT SERVICES CENTER EXHIBIT MAP Qom. PRG AEM90N BT D"1E (sri fR3-lS~S fH 14~_ 1 6 ~ 4. ja fl. M Q C2 x Y a ca ,o orn, Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 SEp C// --y p 1999 CI 7~ GtAU,& ~RN Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00031-97, BLD0499-97, GRA0009-97) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Bruce D. Alverson and 2) Jill V. Alverson Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE 114 13-21-4 Additional on page: Assessor's Tax Parcel ID#: 781570-0120, 781570-0135 THIS EASEMENT AND AGREEMENT made and entered into this, ~q 0. day of 19~, by and between the City of Auburn, a municipal corporation of Kind, County, Washington, hereinafter referred to as "CITY" and Bruce D. Alverson and Jill V. Alverson, husband and wife, located at 22 "A" Street SW, Auburn, WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 22 "A" Street SW 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 Storm Water Easement and Maintenance Agreement Pagel of 8 WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and 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. ~I NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: O 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. FA00031-97, BLD0499-97 and GRA0009-97, 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 he/she/they/it 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 Storm Water Easement and Maintenance Agreement Page 2 of 8 PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by 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. EXECUTED as of the date first written above. CITY OF AUBURN CT OF PUBLIC WORKS CA CD O C~ Owner V/z l Date Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 8 r STATE OF WASHINGTON) )ss. County of King ) I certify that I know r have satisfactory evidence that )Rruu- and _'D I are the person(s) who appeared before me, and said individuals(s) acknowledged that they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated o~ ,,,11111111/f,, o ~ NOTARY J • N1 PUBLIC ory: 11 N m 11111 ,0) STATE OF WASHINGTON) )ss. County of King ) I Y ~4/y o e OKdY'ea C • eo-2 k w- Notary Publi in and for the State of Washington residing at 01,4kt-l Crsl-#ck My appointment expires a?- I certify that I know or have satisfactory evidence that Lm~Ay is the person 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 as the ACTING DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary a at of such party for the uses and purposes mentioned in this instrument. Dated `,1111111111//,,,' KD~c''. % 4kON• .'S FAQ L. ~C oe.l~ Vl NOTARY 9N'~ - * - _ Notary Publ'j in and for theState ~ of Washington pUBLIC oo; 2= residing at T~C~ ( /~_nuyt'f' O~ 9 ~9VARY 19 C~,' My appointment expires 02-19- or DM/bd REF. H:\FAC\FAC3173\E98-378, BLD0499_.97\STMWAAGT, and GRA0009_.97\STMWAAGT Storm Water Easement and Maintenance Agreement Page 4 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOTS 5 AND 6, BLOCK 2, TOWN SOUTHEAST 1/4 OF SECTION 13 WASHINGTON, COUNTY OF KING. C8 O Ca Cn OF SLAUGHTER LOCATED IN THE , TOWNSHIP 21, RANGE 4, AUBURN, Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT "B" Stormwater Pollution Prevention Plan Site Address The Sun Break Cafe 309 "C" Street SW Auburn, Wa 98001 Contact: Bruce Alverson (206) 939-5225 Introduction p "The Sun Break Cafe" involves a 0.39 acre vacant lot and an adjacent existing parking CD lot owned by the City of Auburn. Stormwater within this downtown area, is discharged to the existing shallow public storm drainage system. This public storm system eventually passes through a series of grassed ditches before discharging to the Mill O Creek drainage system. O 07 0) Plan Goal The property owner is required to enhance and protect water quality due to stormwater discharges from the site, as dictated by the City of Auburn's Developer Design Manual. In this document, the site's storm drainage system is generally described and the inspection and maintenance requirements are outlined. Preventative BMP's Preventative Best Management Practices (BMP's) shall be implemented to ensure that the water quality measures or provided to site discharge. Such practices include the following: 1) Areas which disharge runoff to the storm drainage system should be kept free of debris and any dangerous wastes which may pollute the storm drainage system. 2) The storm drainage utilities should be properly maintained, as described in the following sections. Inspection Regular inspection of the storm drainage facilities will ensure their proper function. Inspection shall occur at least twice a year. Records of inspection and maintenance shall be kept for five years and shall be available for City inspector to review. Storm Water Easement and Maintenance Agreement Page 6 of 8 Stormwater Pollution Prevention Plan (Cont.) Maintenance Regular maintenance of the storm drainage facilities will ensure their proper function. See King County. Washington, Surface Water Design Manual, Appendix A, Maintenance Requirements for Privately Maintained Drainage Facilities for maintenance requirements. Person of Responsibility The Sun Break Cafe 309 "C" Street SW Auburn, WA 98001 Contact: Bruce Alverson Phone: 253-939-5225 CD O Design Engineer: Rupert Engineering, Inc. Contact: Larry Krueger Q} 1519 West Valley Hwy. N., Suite 101 Auburn, WA 98001 Plan and/or Information Updates 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 Section. Storm Water Easement and. Maintenance Agreement Page 7 of 8 INSPECTION\MAINTENANCE CHECKLIST 0 0 STRUCTURE DATE.OF I NSPECTION MAINTENANCE CB# INSP. RESULTS MAINT. DONE CB# INSP. RESULTS MAINT. DONE CB# INSP. RESULTS MAINT. DONE CB# INSP. RESULTS MAINT. DONE CB# INSP. RESULTS MAINT. DONE DET. TANK INSP. RESULTS MAINT. DONE REF. H:\FAC\FAC3173\E98-378, BLD0499_.97\STMWAAGT, and GRA0009_.97\STMWAAGT Storm Water Easement and Maintenance Agreement Page 8 of 8 AuG-24-193 11: 49 Retum Address; City of Auburn City, Clerk 25 West Main Auburn, WA 95001 I` Above this line reserved for recording information. A i 3.3L-- P . 04/06 fzrence r# (if applicable): N.A.--- _ Grantor/Borrower: 1) John A. Whalley 2) Patsy Whalley Grantee/Assignee/Beneficiary. City of Auburn Le gal Description/STR.: N.A. Assessor's Tax Parcel 1D#: 3 95440-0 1 60 i 132104-9065 PROj 3) Jemtoe E. Mylet d) Margaret Mylet iie undersigned, having an interest in that certain properties designated as Assessor's Tax Parcel No. 395440-0160 and No. 132104-9065, does hereby grant to the City of Auburn, it's agents or ,hcontractors, the right of entry onto said Assessor's Tax Parcel No. 39540-0160 and No. 1,.:104-9065 for the purpose of performing exploratory soil testing and analysis for a potential au improvement project and delineating any existing wetlands, for e period of time .t o:iirnencmg with the date of this agreement and lasting until December 31, 1998. rie undersigned, enters into this agreement with the following stipulations: 1) 'The City, it's agents and/or subcontractors, shall enter upon the properties only during the . normal business hours of the City. 2) 1'he City, it's agents and/or subcontractors, shall restore the properties to substantially the none condition as it was found prior to entry onto the properties. 31 'T'ile ("ity, it's agents and/or subcontractors, Shall indemnify, defend and hold harmless the undersigned, their partners, principals and employees from any obligation and/or liability of any nature whatsoever clair_zed by the City, et al, and/or any third party as a result of the City's, et al, entry onto the properties 41 The City, it's agents and/or subcontractors, shall provide the undersigned wab at least 24 hours notice of their intent to' enter the properties. Dated this xy ('ay of „1998. Avi , Right of Entry (.l idividual) Page 1 of 2 11 :49 • P. 215/ OG STATE OF WASHINGTON) )ss. County of Ding } i certify that I know or have satisfactory evidence that ~ ow o wh e_ G M l et and M a a~~ M "Ie i are a pe on(s) who appeared before me, and said i dividuals(s) acknowle ge that he/she/t y signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instnuent. Dated V P►• Joy ! O OT r; rr''d•28•gq.' pt OP waste 1.AT1BGf-' AS14INGT0N) )Ss' L'uut►ty of King } Notary Public in and for the State of Washington residing at ? N o_: c,e. My appointment expires b .L.B ~ 99 I vertiA that I know or have satisfactory evuctence that ?0. s w° i0. 1l Q. and .1 o w k (e - isi~wk the person(s) 4 bo appeared '-e'fore me, and said individuals(s cknowle:dged that he/she/they signed this instrument and ackn+:)wledged it to be his/her/their free and voluntary act for the uses and puuposes mentioned in 1T;:ltlskrUm~rtt. Q p ticd l6 P►• a0y Ni. 01 wo Notary Public and for the State 0l „p residir. at t 2 ►•c Q _ UBl~c.~ _ z - My appointment expires la Right of Entry (Individual) Page 2 of 2