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Home My WebLink About20061213002496 SANITARY SEWER AGREEMENT 112206Return Address: City of Auburn City Clerk 25 West Main Street Auburn, WA 98001 Above this line reserved for recording information. W55 SANITARY SEWER AGREEMENT Joint Side Sewer & Hold Harmless Agreement Reference # (if applicable) Grantor/Borrower: Grantee/Assignee/Beneficiary: Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: LEGAL DESCRIPTIONS Parcel 1 SEE EXHIBIT "A" Parcel 2 SEE EXHIBIT "B" AGREEMENT Ewing Irrigation Products, Inc. Pike Street Capital LLC City of Auburn NEt/< SI I T2 IN R4E WM 030351-0170 & 030351-0171 Said document(s) wwo flied for record by Pacific Northwest TiNe as accommodation only. It has not been ewnpned as to proper axpaftn or all to ft affect urvm ` ir. This Agreement made and entered into this day of hI e v n~ f E , 2006, by and between the GRANTORS, Ewing Irrigation Products, Inc., owners of Parcel 1 and their heirs, successors and assigns, and GRANTEES, Pike Street Capital LLC, owners of the Parcel 2 and their heirs, successors and assigns. Hereinafter referred to as the GRANTOR and the GRANTEE respectively. WHEREAS, the GRANTEE has requested a variance to Auburn City Code 13.20.280 for the establishment of a single side sewer to service two buildings; and WHEREAS, the City of Auburn has granted this variance conditioned upon the recording of a joint side sewer agreement and a hold harmless agreement between the GRANTOR and the GRANTEE, owner's of Parcels 1 and 2 as described above; and Joint Side Sewer & Hold Harmless Agreement Page 1 of q WHEREAS, Parcel 1 and Parcel 2, share a common side sewer connection to the City sanitary sewer main, and WHEREAS, Parcel 1 and 2, have the potential to impact the flow of wastewater from the structures located upon both parcels, such that damages may result to either parcel from the other. The GRANTOR and the GRANTEE do hereby agree as follows: JOINT SIDE SEWER The GRANTOR and the GRANTEE shall be solely responsible for the maintenance and repair of the sewer line running from the structures on their parcels to the joint hookup connection located on the east side of Parcel 1. Both the GRANTOR and the GRANTEE shall be jointly responsible on an equal 50150 basis for the maintenance, operation, and repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. Both the GRANTOR and the GRANTEE shall be jointly responsible on an equal 50150 basis for damages that may occur upon said properties due to improper maintenance, operation or repair of the shared side sewer lateral that extends sewer service from the City of Auburn's sanitary sewer main to and including the joint hookup connection of the two parcels' private side sewers. GRANTEE and the GRANTOR shall have the right to establish a backwater valve upon their private individual side sewer to protect against sewage backups. This Section is an appurtenant to this Agreement and shall run with the land; and the terms thereof shall be for the benefit of the GRANTEE, GRANTOR, their heirs, successors and assigns, and shall be binding upon, GRANTEE, GRANTOR, their heirs, successors and assigns. HOLD HARMLESS The GRANTOR and the GRANTEE release and shall defend, indemnify and hold harmless the City of Auburn, its heirs, successors, and assigns, and the respective directors, officers, employees, contractors, and agents of Auburn and its heirs, successors and assigns (collectively referred to as the "Indemnities") from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in connection with the use of a single side sewer connection to the City of Auburn sanitary sewer main, extending sewer service to the GRANTEE and GRANTOR parcels, and any default under or breach of this agreement by the GRANTOR and/or the GRANTEE in connection with this agreement. To the fullest extent permitted by applicable law, the foregoing release, indemnity and hold harmless shall apply regardless of any act, omission, fault, negligence or strict liability of the Indemnities; provided, however, that GRANTOR and the GRANTEE shall not be required to so indemnify any Indemnities against any Joint Side Sewer & Hold Harmless Agreement Page 2 of S, claim, loss, cost, liability, damage or expense to the extent the same is solely caused by or results from the negligence of any Indemnities. This Agreement is given without cash consideration, and is for the purpose of legally establishing an understanding for the use of a single side sewer to serve two parcels. This Agreement shall be a covenant running with the above-described real properties and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this aa,i day of _ f yb~ UEK 2006. GRANTOR 0 ork Date Date GRANTEE Charles Turbak Date Date CP:bi Joint Side Sewer & Hold Harmless Agreement Page 3 of S? A(ZkLb(\p, STATE OF t#AtHMffF0 N) )ss. County of S~~ ) I certify that I know or have satisfactory evidence that ,1 IMci (AS G) UO ® is the person who appeared trefore me, add said person acknowledged that he/ghc signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the s AAffi of 16~z~ TAZL 0.'A%N Nn&mb M a corporation, to be the free and voluntar act of such party for the uses and purposes mentioned in this instrument. Dated OFFICIAL SEAL JODI R. STARK NOTARY PUBLIC - SIO of Arillm MARICOPA COUNTY My Comm. Expires Match 22, 200 Notary Public in and for the State of ~ R1Qi2tM~ residing at MCAN UDL Qc')A ~ My appointment expires ~t'6 4A r o~(~pf1 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires Joint Side Sewer & Hold Harmless Agreement Page 4 of 3 claim, loss, cost, liability, damage or expense to the extent the same is solely caused by or results from the negligence of any Indemnities. This Agreement is given without cash consideration, and is for the purpose of legally establishing an understanding for the use of a single side sewer to serve two parcels. This Agreement shall be a covenant running with the above-described real properties and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this day of 12006. GRANTOR Doug York GRAN' Date Date CP:bi Joint Side Sewer & Hold Harmless Agreement Page S- ? STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that 6ki'45 s/urXJ~ is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that he/she was authorized to execute the instrument and ac owled$ed it as the A of L s reef' IYa G LIE! a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public In and for the State of Was i gton residing at 3'i 9- )'G 2- My appointment expires /D ;49 Dom- Joint Side Sewer & Hold Harmless Agreement Page4 of8 EXHIBIT "A" 1.011' 1 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 021 NORTH, RANGE 4 EAST, W.M,. IN WN'; COUNTY, WASHINGTON, DESCRIBED AS FOLD-016+5: BEGINNING AT THE SOUTHEAST CORNER OF LOT 17, REVISED, AS SHOWN ON CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LIA 0001-99 RECORDED UNDER RECORDING NUMBER 9903031902. RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG T11F, SOUTH LINT OF SAID LOT 17. REVISED, 1;OAR?H 88° 49' 20" WEST FOR 270.00 FEET; THENCE NORTH I' 10' 40" EAST FOR 149,81 FEET v P4E NORTH LINE OF SAID LOT 17, REVISED; THENCE ALONC SAID NORTH LINE, SOUTH 88' 51' 09" EAST Ft7P 70.':x:] FEET; THENCE ALONG THE EAST LINL OF SAID 1-07 17, REVISED, SOUTH 1' 10' 43" WEST FOR 149.95 FEET TO THE POINT OF BEGINNING. Joint Side Sewer & Hold Harmless Agreement PageTof 9 6(141'200 6 EXHIBIT "B" IQT 2 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, FLANGE 4 ,EAST, W.M„ IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: LOT 17, REVISED, AS SHOWN ON CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER -,LA 0001-99 RECORDED UNDER RECORDING 99Q3O3 i 9')2; LESS THAT PORTION DFSCR18EO AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER Of LOT 17, REVISED, AS SHOWN ON CITY OF AUBURN LOT LINF ADJUSTMENT NUMBER LLA 0001 -99 RECORDED UNDER RECORDING NUMBER 99030339021 RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG THE SOUTH LINE OF SAID LOT 17. REVISED. NORTH 88' 49' 2O" WEST FOR 270.00 FEET; THENCE NORTH 1' 14' 40" EAST FOR 149.8t FEET TO THE NORTH LINE OF SAID LOT 17, RE"JISED; THENCE ALONG SAID NORTH LINE, SOUTH 884 51' 09" EAST FOR 270.00 F; LT; THENCE ALONG THE FAST LINE OF SAIL} LOT 17. REVISED. SOUTH 1' 10' 43" 'N'EST FOR 149.95 FEET TO THE POINT OF BEGINNr NG, Joint Side Sewer & Hold Harmless Agreement Page 8 of8