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Home My WebLink About20100414001380 SANITARY SEWER AGREEMENT 040410Return Address: City of Auburn City Clerk 25 West Main Street Auburn, WA 98001-4998 !III I niltYl6NIgi~El 201004140013 PACIFIC NU TIT AG 66.00 PAGE-001 OF 005 04/14/2010 15:56 KING COUNTY, WA Above lltis lie reserved for recording information SANITARY SEWER AGREEMENT .-)vtie y -visa - .tomt tae mwer,_ zasement & note narmtess agreement Reference # (if applicable): N/A (unless previous recording Additional on page: _ Grantor/Borrower: 1) KEVIN B. WICKLUND 2) PAMELA S. WICKLUND Additional on page: _ Grantee/Assignee/Beneficiary: 1) KEVIN B. WICKLUND 2) PAMELA S. WICKLUND Legal Description/STR: S 5-TWP 21 N: RGE 5 EWM Additional on page: Assessor's Tax ParcelID#: 052105-9034 Said docn- recurd by examine-W I~ \N~~\ Dl`2 exammEj a„ as to its effecA Un)Co titre. LEGAL DESCRIPTIONS Parcel 1 THE EAST 145 FEET OF THE NORTH 95 FEET OF THE SOUTH 97.50 FEET OF LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L01L0029 RECORDED UNDER RECORDING NUMBER 20011227900007, SAID BOUNDARY LINE ADJUSTMENT BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. Parcel 2 LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L01 L0029 RECORDED UNDER RECORDING NUMBER 20011227900007, SAID BOUNDARY LINE ADJUSTMENT BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 145 FEET OF THE NORTH 95 FEET OF THE SOUTH 97.50 FEET THEREOF; AND EXCEPT THE SOUTH 2.5 FEET OF SAID LOT A. BEGINNING AT THE SOUTHWEST CORNER OF LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L01L0029 RECORDED UNDER RECORDING NUMBER 20011227900007, IN KING COUNTY, WASHINGTON; THENCE ALONG THE WESTERLY LINE OF SAID LOT A, NORTH 00° 52'19" EAST FOR 2.50 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT A, SOUTH 89° 19' 28" EAST FOR 39.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LOT A, NORTH 00° 52- 49" EAST FOR 14.38 FEET; THENCE NORTH 48° 06'48" WEST FOR 22.20 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LOT A, NORTH 00° 52' 49" EAST FOR 50.71 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT A, SOUTH 89° 19' 28" EAST FOR 10.00 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LOT A, SOUTH 00° 52' 49" WEST FOR 46.19 FEET; THENCE SOUTH 48° 06'48" EAST FOR 22.20 FEET; THENCE PARALLEL WITH THE WESTERLY LINE OF SAID LOT A, SOUTH 00° 52- 49" WEST FOR 18.90 FEET; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT A, NORTH 89° 19' 28" WEST FOR 10.00 FEET, TO THE TRUE POINT OF BEGINNING. GRANTEES shall have the obligation to maintain the granted easement and to restore the easement to its prior condition if any excavation or other disruption occurs in the use of the easement by the GRANTEES. This easement is an easement appurtenant, and shall run with the land; and the easement and terms thereof shall be for the benefit of the GRANTEES, and their heirs, successors and assigns, and shall be binding upon GRANTORS, and their heirs, successors and assigns. HOLD HARMLESS The GRANTORS and the GRANTEES 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) AGREEMENT This Agreement made and entered into this day of ~ P P -1 I , 2010, by and between the GRANTORS, KEVIN B. WICKLUND and PAMELA S. WICKLUND , owners of Parcel 1 and their heirs, successors and assigns, and KEVIN B. WICKLUND and PAMELA S. WICKLUND, GRANTEES, owners of the Parcel 2 and their heirs, successors and assigns. Hereinafter referred to as the GRANTORS and the GRANTEES respectively. WHEREAS, the GRANTEES have 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 GRANTEES, owners of Parcels 1 and 2 as described above; and WHEREAS, Parcel 1 and Parcel 2, share a common side sewer located within the property legally described in easement section of this document, and WHEREAS, Parcel I 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 GRANTORS and the GRANTEES do hereby agree as follows: JOINT SIDE SEWER The GRANTORS and the GRANTEES 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. Both the GRANTORS and the GRANTEES shall be jointly responsible on an equal 50/50 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 GRANTORS and the GRANTEES shall be jointly responsible on an equal 50/50 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. GRANTEES and the GRANTORS 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 GRANTEES, GRANTORS, their heirs, successors and assigns, and shall be binding upon, GRANTEES, GRANTORS, their heirs, successors and assigns. EASEMENT The GRANTORS, as owners of Parcel 1, do hereby grant, convey, set over assign to the GRANTEES, as owners of Parcel 2, an easement for ingress, egress and utilities over, across, along, in, upon and under the following described property, for the use and benefit of Parcel 2: 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 GRANTEES and GRANTORS parcels, and any default under or breach of this agreement by the GRANTORS and/or the GRANTEES 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 GRANTORS and the GRANTEES shall not be required to so indemnify any Indemnities against any 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 A131rl 1 2010. GRANTORS L-1) q1 1c) KEVIN B. WICKLUND Date "-j w 4A,I/~ PAMELA S. WICKLUND Date 10 KEVIN B. WICKLUND Date PAMELA S. WICKLUND Date INDIVIDUAL ACKNOWLEDGEMENT STATE OF WASHINGTON )ss COUNTY OF _ 6MCi,) ON THIS DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE INDIVIDUAL, OR INDIVIDUALS DESCRIBED IN AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE (SHE OR THEY) SIGNED THE SAME AS HIS (HER OR THEIR) FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF ~VI 2010 mai vyy ptlx rte ~ , r ''tltletl a t 6 sC1~isy`a+f Z!S r (SIGNATURE OF ICER AND OFFICIAL SEAL) my"atl - dry a+;i , ~ - NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON Pill, RESIDING AT MY COMMISSION EXPIRES