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Home My WebLink About2997 1 RESOLUTION NO. 2 9 9 7 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DRAINAGE EASEMENT FROM THE CITY OF AUBURN TO MEADOW VALLEY, 4 LLC, A WASHINGTON LIMITED LIABILITY CORPORATION, FOR THE 5 PURPOSE OF DRAINING STORM WATER RUNOFF FROM PROPERTY OWNED BY MEADOW VALLEY, LLC, ONTO AND ACROSS A REGIONAL STORM WATER DETENTION FACILITY OWNED BY THE CITY PERTAINING TO PROJECT NO 6 C8053, KNOWN AS 21ST STREET SE STORM DRAINAGE IMPROVEMENT PROJECT 8 WHEREAS, the City recently purchased the subject property 9 upon which Meadow Valley, LLC owned and maintained a storm 10 water detention pond for their exclusive use; and 11 WHEREAS, Meadow Valley, LLC by separate agreement with 12 the City has agreed to continue to maintain their storm water 13 detention pond until such time as the City converts this 14 property to a regional storm water detention facility and in 15 the process eliminates Meadow Valley, LLC' s storm water 16 detention pond; and 17 WHEREAS, Meadow Valle y, LLC has requested the y be granted 18 a storm drainage easement to use the City' s regional storm 19 water detention facility once their existing storm water 20 detention pond has been eliminated; and 21 WHEREAS, this arrangement is in the best interests of the 22 City and Meadow Valley, LLC; 23 24 25 26 ---------------------- Resolution No 2997 October 29, 1996 Page 1 I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 2 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 3 RESOLVES THAT 4 Section 1. The Mayor and City Clerk of the City of 5 Auburn are herewith authorized to execute a Drainage Easement 6 granting Meadow Valley, LLC the right to drain storm water 7 8 runoff onto and across the property described therein A 9 copy of said Easement is attached hereto, designated as 10 Exhibit "A" and incorporated by reference in this Resolution 11 Section 2 . The Mayor is hereby authorized to implement 12 such administrative procedures as may be necessary to carry 13 out the directives of this legislation 14 DATED and SIGNED this 16`" day of November, 1998 15 16 CITY OF AUBURN 17 18 19 20 CHARLES A BOOTH 21 MAYOR 22 23 24 25 26 ---------------------- Resolution No. 2997 October 29, 1998 Page 2 1 2 3 ATTEST 4 5 L4dCaXY fLwao�— 6 Danielle E Daskam, 7 City Clerk 8 9 APPROVED AS TO FORM 10 11 12 Michael J Reyn-61ds, 13 City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2997 October 29, 1998 Page 3 Return Address: :p City of Auburn City Clerk 25 West Main E Auburn,WA 98001 % E 3 rJ. II Above this line reserved for recording information. a TEMPORARY DRAINAGE EASEMENT € (City) _ Reference k(if applicable): Project kC8053 Additional on page: Grantor/Borrower. City orAaburn 0 TED BY PNWT �gtdditional on page: _ Grantee/Assignee/Beneficiary: Meadow Valley,LLC 1 `+U5-11 E [� Legal Description/STR: NW'FSWA. 19-21-5 Additional on page: —3 CT] Assessor's Tax Parcel IDO: 192105-9342-09 N _ C2 W-4 The Grantor, THE CITY OF AUBURN. a municipal corporation of King County 9-1 Washington, hereby conveys and warrants to the Grantee, MEADOW VALLEY, LLC, a Washington limited liability corporation, its successors and assigns, a Temporary Nonexclusive M Drainage Easement,under,over,through and across the following described real property for the purpose of draining storm water run_off across the herein described real estate to City owned drainage facilities.Said real property being described as follows: SEE EXHIBITS"A"AND"B"ATTACHED HERETO AND MADE A PART HEREOF Grantee shall have the right,at times as may be necessary, to enter upon said Easement for the purpose of maintenance,inspection,construction,repair or reconstruction of their existing storm water detention pond. Grantee shall assume responsibility for all costs to maintain said pond.Grantee's Easement,right of entry,cost of maintenance and all liability for their detention pond shall terminate upon the completion of the regional storm water detention facility by Grantor. Grantee shall retain the right however, to discharge bio-filtered storm water into Grantor s regional storm water detention facility as long as required by Grantee. Grantee shall indemnify, hold harmless and defend Grantor from any and all claims, costs,expenses and liabilities,including reasonable attorney and consultant fees and costs of suit, incurred in any action or proceeding arising from or as a result of the death ofany person,or any accident, injury, loss or damage whatsoever caused to person or property which shall occur Sao downienl(s)wore filed for RES reautl by Pecinc Northwest Title as Temporary Drainage Easement examined off to oroper execution or "mt C8033 as to ne onoct upon title Page I or Flied by. PriZ:r� JAN 121999 associated with their curroat storm water detention pond, except to the extent caused by the negligent or willful act or omission of the Grantor. This Easement shall be a covenant running with the above-described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all panics hereto. n g Dated this A day of 19 N.4 A.1S."fQ CHARLES A.BOOTH,MAYOR A �E.Dask_ STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that CHARLES A. BOOTH and DANIELLE E. DASKAM are the persons who appeared before me,and said persons acknowledged"that"they L) signed this instrument, on oath stated that they are authorized to execute the instrument and f� acknowledged it as the Mayor and City Clerk of The City of Auburn. Washington a municipal p� corporation,to be the free and voluntary act of said parties for the uses and purposes mentioned in this instrument. Dated - I- - q C) t� ,•�' NOTARY sa`f /CtMIU L. �y ✓:�G�I%tc l� *— Notary Public;.yfand fo the State of Washington residing at .Curt cf. •,��, roee.`•v'�� My appointment e pires •,,''O aWASN�?��o - - i Temporary Drainage Eaaemenr - -- Proieer C9053 Page 2 of 4 I i i Filed W . P141-9 , JAN 121999 EXHIBIT"A" The land refcired to herein is situated in the county of King,state of Washington,and described as follows: The North 60 feet of the following described Parcel B,to wit Parcel B City of Auburn Boundary Line Adjustment Number LLA-0006-98, recorded under King County Recording Number 9805011434, said Boundary Line Adjustment being a portion of the west half of the northwest quarter of the northwest quarter of the southwest quarter and of the northwest quarter of Government Lot 3,All in Section 19,Township 21 North,Range 5 East, W.M.in King County,Washington. LO N N •4 wi O 0; O Temporary Drainage Easement Project C3053 Page 304 Filed by•. P1r�:"C• JAN 121999 ® EXHIBO-• '•:rl—pis', 'o 17T1•I ST.uE= rm+vn.mt u" {t aw.w uu• ima•ui Jati rroT�it.t Y� LOT A L � a R u 1� :urT11'U11r 91T'.lbJb :aT�n')) L7 ° I L'1 ' LOT 0 E/�Sf�IfdT � w 27FA i� 3f °�—21ST ST SE. Drainage Eu cn,t - Pmjm C863 _ Page 4 of 4 Filed by' PhV:"c• , JAN 121999 OFFICE OF THE MAYOR CITY ADMINISTRATION Charles A. Booth, Mayor I 25 West Main, Auburn,WA 98001 Clp (253)931-3041 Fax:(253)288-3132 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2997 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2997 " I certify that said Resolution No. 2997 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 16th day of November, 1998. Witness my hand and the seal of the City of Auburn this 21st day of January, 1999. � � Danielle Daskam, City Clerk City of Auburn