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
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0 "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits
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CD with the CITY for the construction of facilities at 1010
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37th Street SE which create impervious surface; and
WHEREAS, the PROPERTY OWNER will complete a storm
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system; and
WHEREAS, the PROPERTY OWNER and the CITY desire that
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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
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appropriate repairs.
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Cj} NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS:
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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
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described above and to
inspect and
perform necessary
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maintenance if, after the
PROPERTY OWNER
is given notice to
maintain, and the PROPERTY
OWNER fails to
maintain, in that
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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.
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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
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Storm Water Easement & Maintenance Agreement
March 6, 1996 BLD0040.96
Page 4 of 8
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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
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acknowledged the said instrument and deed of said
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N corporation, for the uses and purposes therein mentioned,
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C and on oath stated that they are authorized to execute said
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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.
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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
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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
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lot to me known to be the PROPERTY OWNER(s) described in and who
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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