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HomeMy WebLinkAbout9604260441 STORM EASEMENT 042696CITY CLER'-, OFFICE CITY OF ALj5URN RECEIVED THIS DAY 25 West Main Auburn, VVA 98001 . ' SPA 51 Ph `56 CITY OF AUBURN STORM WATER EASEMENT AND MAII6-fERA MPA S IO N OF AGREEMENT RECORDS Px FLECIIONS (sLD0040-96) KING COUNTY Primary Parcel No. 302105-9122 THIS EASEMENT AND AGREEMENT made and entered into this 1`j day of 19~, by and between the CITY OF AUBURN, a municipal corporation, located in King County, Washington, hereinafter referred to as "CITY" and V4 Joel C. Neal and Joanne C. Neal, located at 23711 NE Fourth Irr Street, Redmond, WA 98033, hereinafter referred to as d' 0 "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits 0 CD with the CITY for the construction of facilities at 1010 C7? 37th Street SE which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm a system; and WHEREAS, the PROPERTY OWNER and the CITY desire that M1 d 0 a W CC T 4 O L? a cm a CD .10 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 Storm Water Easement & Maintenance Agreement March 6, 1996 BLD0040-96 Page 1 of 8 EXCISE TAX NOT REOUIRED King Co. Records Division Deputy 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 c!" appropriate repairs. Irr C Cj} NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Q Section 1. EASEMENT: PROPERTY OWNER hereby provides an easement aver, 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 No. 0040-96, 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. Storm Water Easement & Maintenance Agreement March 6, 19% BLDOWD-96 Page 2 of 8 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 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 "4 Rt described above and to inspect and perform necessary Rt maintenance if, after the PROPERTY OWNER is given notice to maintain, and the PROPERTY OWNER fails to maintain, in that C~ event the PROPERTY OWNER shall reimburse the CITY for the to costs incurred in maintaining the system and should the CITY 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 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 March 6, 1996 BLD0040-96 Page 3 of 8 EXHIBIT 1 LOT 1 THE EAST 55 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., IN KING COUNTY, WASHINGTON LYING SOUTHERLY OF 37TH STREET SOUTHEAST AND THE WEST 100 FEET OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF 37TH STREET SOUTHEAST; EXCEPT THE SOUTH 247.00 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH AN EASEMENT FOR UTILITIES OVER, UNDER AND ACROSS THE NORTH 75 FEET OF THE SOUTH 247 FEET OF THE WEST 25 FEET OF THE EAST 55 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., IN KING COUNTY, WASHINGTON. TOGETHER WITH AN EASEMENT FOR UTILITIES OVER, UNDER AND ACROSS THE NORTH 80 FEET OF THE SOUTH 172 FEET OF THE WEST 30 FEET OF THE EAST X55 FEET OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER vdmOF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 BEAST W.M., IN KING COUNTY, WASHINGTON. C~ NTOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, vlUNDER AND ACROSS THE EASTERLY 30 FEET OF LOTS 1 AND 2 OF AUBURN 'SHORT PLAT NO. 0008-93, AS RECORDED UNDER RECORDING NO. 9403010653, RECORDS OF KING COUNTY, WASHINGTON, SAID EASEMENT BEING RECORDED UNDER RECORDING NO. 9501201444, RECORDS OF KING COUNTY, WASHINGTON. AND SUBJECT TO ALL ENCUMBRANCES, RESERVATIONS AND RESTRICTIONS OF RECORD. REF. Y:\PRMSYS\DOCUMENT\BLD0040_.96\EASEMAIN Storm Water Easement & Maintenance Agreement March 6, 1996 BLDOUG-96 Page 8 of 8 CITY OF AUBURN F K A. CURRIE, P. W. DIRECTOR PROPERTY OWNER --A-1- Jr)&i-- C . ll, lA C, e~ CA b" GD Storm Water Easement & Maintenance Agreement March 6, 1996 BLD0040.96 Page 4 of 8 r f STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of ° 1 V41yr-Ak" , 19~, 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 d' acknowledged the said instrument and deed of said C,ta N corporation, for the uses and purposes therein mentioned, q1 C and on oath stated that they are authorized to execute said W 0) instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on iO1 ~r~~R 9, 199 date her e i rd hlv, set forth. r NOTARY PUBLIC in and f6r the State of Washington, residing at l MY COMMISSION expires: ll Storm Water Easement & Maintenance Agreement March 6, 1996 BLD0040-96 Page 5 of 8 ! . . . . STATE OF WASHINGTON ) s s . COUNTY OF i G ) On this 137* day of 1791?r64 19~6:y , before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared .-1 U 2 C . 4i` cOGt n n G~/~fr IT lot to me known to be the PROPERTY OWNER(s) described in and who 0 G~ executed the within instrument and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal the date hereinabove set forth. M. fi~~/~ $ ••Ssion OC NOTARY PUBLIC in and for th State 'oFp Washington, residing at a o 4 0 T A R y N MY COMMISSION expires: tZ 10 WAS~ Storm Water Easement & Maintenance Agreement March 6, 1996 BLD0040-96 Page 6 of 8