Section 1. Easements for Utilities. A private easement is hereby reserved for and granted to Puget Sound Energy Company, Century Link, Comcast and any other private utility, and their respective successors and assigns, under and upon Tract E and the exterior 10 feet of all lots and tracts, parallel with and adjoining the existing or proposed public right-of-way, in which to install, lay, construct, renew, operate and maintain underground distribution systems with necessary facilities, sidewalks and other equipment for the purpose of serving this subdivision and other property with utility services and sidewalks, together with the right to enter upon the lots at all times for the purpose herein stated. No lines or wires for the transmission of electric current, or for telephone use, cable television, fire or police signal or for other purposes, shall be placed or be permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building.
Section 2. Private Drainage Easement Covenant. The owners of private property within this plat encumbered with drainage easements shown as "private" hereby grant and convey to the City of Auburn, a political subdivision of the State of Washington, the right but not the obligation to convey or store storm and surface water per the engineering plans approved for this plat by the City of Auburn, together with the right of reasonable access (ingress and egress) to enter said drainage easement for the purpose of observing that the owner(s) are properly operating and maintaining the drainage facilities contained therein.
The owners of said private property are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easements and are hereby required to obtain any required permits from the City of Auburn prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in open vegetated drainage facilities (such as swales, channels, ditches ponds, etc.) or performing any alterations or modifications to the drainage facilities contained within said drainage easement.
Additionally, the owner(s) of the land hereby subdivided do hereby grant and convey to the owner(s) of the lots benefited or any other private entity as stated in the easement provisions and their assigns a perpetual easement for the stated utilities. These easements and conditions shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of the owners(s) of the land hereby burdened. The owner(s) of the lot benefited and their assigns shall have the right without prior institution of any suit or proceedings of law at such time as may be necessary to enter upon said easement for the purpose of constructing, maintaining, repairing, altering or reconstructing said utility or making any connection thereto without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that if existing private improvements are disturbed or destroyed they will be repaired or replaced to a condition similar as they were immediately before the property was entered upon by the one benefited. The owner(s) of the burdened lot shall retain the right to use the surface of said easement if such use does not interfere with the installation or use of said utilities. However, the owner(s) of the burdened lot shall not erect or maintain any buildings or structures within the easement. Also the owner(s) of the burdened lot shall not plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with said utilities. Also the owner(s) of the burdened lot shall not develop or beautify the easement areas in such a way to cause excessive cost to the owner(s) of the lot benefited pursuant to its restoration duties herein.
This covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns.
Section 3. City of Auburn Public Easement Provision. All Public Storm Drainage Easements as shown are hereby granted and conveyed to the City of Auburn, a municipal corporation of King and Pierce Counties, Washington, its successors and assigns, a perpetual nonexclusive easement under, over, through and across the real property as described herein for the purpose of laying, maintaining installing, conveying, storing, managing, and facilitating storm and surface water, and appurtenances thereof, per the engineering plans approved by the City of Auburn for this plat, together with the absolute right, at all times as necessary for immediate access (ingress and egress), to enter said easement for the purpose of inspecting, operating, maintaining, repairing, reconstructing, and improving the storm drainage facilities contained therein without incurring any legal obligation or liability therefore.
The City of Auburn shall have the absolute right to place any type of driving surface within said easement area deemed necessary by the City of Auburn.
The owners of said private property shall not in any way block, restrict or impede access and egress to or from said easement area, and/or in any way block, restrict or impede full use of the real property within the above described easement area by the City of Auburn for the above described purposes. No building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area, without the express written consent of the City of Auburn. With City of Auburn permission, the owners of said private property may fence across said easement area and/or along the boundaries of said easement area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the grantee full use of, and access and egress to and from the real property within the easement area. If said gate is to be locked, keys shall be provided to the City of Auburn.
No excavation shall be made within three (3) feet of said storm drainage facilities and the surface level of the ground within the easement area shall be maintained at the elevations as currently existing.
The Owners of said Private Property grants to the City of Auburn the right of ingress and egress to the easement area over and across all paved, graveled, or otherwise improved driveways or parking lots within the parent parcel. If direct access to the easement area is not available from such driveways or parking lots, the City of Auburn's right of ingress and egress shall include such other areas of the parent parcel as the City of Auburn determines are necessary to access the easement area from such driveways and parking lots or from the parent parcels boundaries. In the case of any damage or disruption of the parent parcel, the City of Auburn shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City of Auburn or its agents.
The Owners of said Private Property additionally grants to the City of Auburn, the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said storm drainage facilities. The use of such additional area 'shall be held to reasonable minimum and in the case of any damage or disruption of the parent parcel, the City of Auburn shall return the property to a condition reasonably comparable to its condition as it existed immediately before entry and/or work was made thereon by the City of Auburn or its agents. In addition to the other restrictions herein, the owners of said private property shall not convey to a third party any easement or other right of the easement area.
This easement and covenant shall run with the parent parcel and is binding on the owners of said private property, their heirs, successors and assigns.
Section 4. Public Water and Sewer Easements. An easement is hereby irrevocably reserved for and granted to Lakehaven Utility District and its agents, successors and assigns, for so long as it shall own and maintain the utilities referenced herein under and upon the area shown on the plat and described herein as "Waterline Easement" (WLE) and "Sanitary Sewer Easement" (SSE) to install, maintain, replace, repair and operate water and sewer mains and appurtenances for this subdivision and other property together with the right to enter upon said easement at all times for purposes incident thereto. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said easement area. No excavation shall be made within three (3) feet of said water or sewer service facilities and the surface level of the ground within the easement area shall be maintained at the elevation as currently existing. Grantor hereby agrees that no water and/or sewer system facility or appurtenance of any kind shall be constructed or located by grantor, or any third party acting under authority of grantor, within or proximate to said easement, unless such installation is approved by grantee and is in conformance with the then-current edition of the "criteria for sewage works design" published by the Washington State Department of Ecology. Grantor hereby further agrees that no other utility facility or appurtenance of any kind, including utility service connections, shall be constructed or located by grantor, or any third party acting under authority of grantor, within three feet (3), measured horizontally for parallel alignments, or within six inches (6"), measured vertically for crossing or perpendicular alignments, of any portion of the grantee's facilities. Grantor additionally grants to the Lakehaven Utility District and its agents, successors and assigns the use of such additional area immediately adjacent to said easement area as shall be required for the construction, reconstruction, maintenance and operation of said water or sewer facilities. The use of such additional area shall be held to a reasonable minimum and be returned to the condition existing immediately before the property was entered upon by the Lakehaven Utility District, its agents, successors and assigns. In addition to the other restrictions herein, grantor shall not convey to a third party any easement or other interest or right of use of property subject to the easement that would impair or limit the use of the easement rights granted herein.
Section 5. Sensitive Area Tract and Easement. Dedication of a Sensitive Area Tract containing a Sensitive Area Easement and dedication of a Sensitive Area Buffer Easement conveys to the public a beneficial interest in the land within the sensitive area tract/sensitive area and buffer and sensitive area buffer easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of water quality, plant ecology and animal habitat. The sensitive area tract/sensitive area and buffer and/or sensitive area buffer easement imposes upon all present and future owners and occupiers of the land subject to sensitive area tract/sensitive area and buffer and/or sensitive area buffer easement the obligation, enforceable on behalf of the public by the City of Auburn, to leave undisturbed all trees and other vegetation within the sensitive area tract/sensitive area and buffer and/or sensitive area buffer easement. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of auburn or its successor agency, unless otherwise provided by law.
The common boundary between the sensitive area tract/sensitive area and buffer and/or sensitive area buffer easement and the area of development activity must be marked or otherwise flagged to the satisfaction of the City of Auburn prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer and/or sensitive area buffer easement. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed.
The City of Auburn shall be allowed to enter upon Tract B for the purposes of monitoring, maintaining, preserving, and enhancing functions related to the on-site mitigation areas located within Tract B. The City of Auburn shall be permitted to enter onto the subject property at all reasonable times to monitor and maintain the on-site wetland and stream areas or wetland and stream functions such as recharge, conveyance or storage of storm water. The right of access however does not establish an obligation on the part of the City of Auburn for maintenance. The City of Auburn shall have the right of access over, under, and across Tract C for the purposes of accessing Tract B.
Section 6. Miscellaneous Easements and Restrictions.
The following restrictions and easements are shown on the Plat:
1. The 10 foot Private Storm Drainage Easement shown on Lot 1 is for the benefit of Lot 2 for private storm drainage facilities. The owners of said Lots 1 and 2 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
2. The 10 foot Private Storm Drainage Easement shown on Lot 3 is for the benefit of Lot 4 for private storm drainage facilities. The owners of said Lots 3 and 4 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
3. The 10 foot Private Storm Drainage Easement shown on Lot 5 is for the benefit of Lot 6 for private storm drainage facilities. The owners of said Lots 5 and 6 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
4. The 10 Private Storm Drainage Easement shown on Lots 9, 10 and 11 is for the benefit of Lots 10 and 11 for private storm drainage facilities. The owners of said Lots 9, 10 and 11 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
5. The 10 foot Private Storm Drainage Easement shown on Lots 12, 13 and 14 is for the benefit of Lots 13, 14 and 15 for private storm drainage facilities. The owners of said Lots 12, 13, 14 and 15 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
6. The 10 Private Storm Drainage Easement shown on Lots 17, 18, and 19 is for the benefit of Lots 16, 17 and 18 for private storm drainage facilities. The owners of said Lots 16, 17 and 18 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
7. The 10 foot Private Storm Drainage Easement shown on Lots 19 and 20 is for the benefit of Lots 20 and 21 for private storm drainage facilities. The owners of said Lots 19, 20 and 21 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
8. The 10 foot Private Storm Drainage Easement shown on Lots 23, 24, 25 and 26 is for the benefit of Lots 22, 23, 24 and 25 for private storm drainage facilities. The owners of said Lots 22, 23, 24, 25 and 26 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
9. The 10 foot Private Storm Drainage Easement shown on Lots 29, 30 and 31 is for the benefit of Lots 28, 29 and 30 for private storm drainage facilities. The owners of said Lots 28, 29, 30 and 31 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
10. The 10 foot Private Storm Drainage Easement shown on Lot 33 is for the benefit of Lot 32 for private storm drainage facilities. The owners of said Lots 32 and 33 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
11. The 10 foot Private Storm Drainage Easement shown on Lots 35 and 36 is for the benefit of Lots 34, 36 and 37 for private storm drainage facilities. The owners of said Lots 34, 35, 36 and 37 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
12. The 10 foot Private Storm Drainage Easement shown on Lots 38, 39 and 40 is for the benefit of Lots 39, 40 and 41 for private storm drainage facilities. The owners of said Lots 38, 39, 40 and 41 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
13. The 10 foot Private Storm Drainage Easement shown on Lots 42 and 43 is for the benefit of Lots 43 and 44 for private storm drainage facilities. The owners of said Lots 42, 43 and 44 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
14. The 10 foot Private Storm Drainage Easement shown on Lots 45, 46 and 47 is for the benefit of Lots 46, 47 and 48 for private storm drainage facilities. The owners of said Lots 45, 46, 47 and 48 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
15. The 10 foot Private Storm Drainage Easement shown on Lots 51, 52 and 53 is for the benefit of Lots 50, 51 and 52 for private storm drainage facilities. The owners of said Lots 50, 51 52 and 53 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
16. The 10 foot Private Storm Drainage Easement shown on Lots 55 and 56 is for the benefit of Lots 54 and 55 for private storm drainage facilities. The owners of said Lots 54, 55 and 56 are hereby responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement.
17. The 15 foot Private Storm Drainage Easement shown on Tract D is hereby reserved for and granted to the Westridge Auburn Homeowners Association for private storm drainage facilities. Said homeowners association is hereby responsible for the maintenance of the private storm drainage facilities within said easement.
18. The 10 foot by 10 foot Private Water Easement shown on lot 6 is for the benefit of lot 7 for private water facilities. The owner of said lot 7 is hereby responsible for the maintenance of their private water facilities within said easement.
19. The 10 foot by 10 foot Private Water Easement shown on lot 9 is for the benefit of lot 8 for private water facilities. The owner of said lot 8 is hereby responsible for the maintenance of their private water facilities within said easement.
20. The 20 foot Temporary Emergency Vehicle Access Easement shown on Tract C and Tract D is hereby reserved, granted and conveyed to the valley regional fire authority for emergency vehicle access. The Westridge Auburn Homeowners Association is hereby responsible for the emergency vehicle access facilities within said easement. Said Temporary Emergency Vehicle Access Easement shall automatically expire when South 320th Street is developed and connected westerly, providing a second access to the site.
21. The 10 foot Private Storm Drainage Easement shown on Lots 34 through 37 and Lots 38 through 44 is hereby reserved for and granted to the Westridge Auburn Homeowners Association for private storm drainage facilities. Said Homeowners Association is hereby responsible for the maintenance of the private storm drainage facilities within said easement.
22. The 10 foot the Private Wall and Storm Drainage Easement shown on Lots 8 through 17 is hereby reserved for and granted to the Westridge Auburn Homeowners Association for private retaining wall and associated storm drainage facilities. Said Homeowners Association is hereby responsible for the maintenance of the private retaining wall and storm drainage facilities within said easement.
23. The 5 foot Private Wall and Storm Drainage Easement shown on Lot 45 is for the benefit of Lot 46 for private retaining wall and associated storm drainage facilities. The owners of said Lot 46 are hereby responsible for the maintenance of the private retaining wall and storm drainage facilities within said easement.
24. The Sight Distance Easement shown on Lots 1, 2 and 3 is hereby reserved for and granted to the Westridge Auburn Homeowners Association. Said Homeowners Association is hereby responsible for insuring that the area within the sight distance easement shall be kept clear of any obstruction from 3 to 8 feet off the ground.
25. The Private Entry Monument Easement shown on Tract A is hereby reserved for and granted to the Westridge Auburn Homeowners Association, said Homeowners Association is hereby responsible for the maintenance of the entry monument facilities within said easement.
26. Prior to building construction on all lots, temporary erosion and sedimentation control measures, per the Construction Storm Water Pollution Prevention Plan (CSWPPP) will be constructed and maintained through final lot stabilization. Prior to final building inspection for the structure(s) on all lots, roof downspouts, footing drains, and all landscaped areas not designated for sheet flow to the adjacent sensitive areas, or allowed to be treated onsite, shall be tightlined to the public roadway drainage system and shall be inspected by City of Auburn for compliance with the CSWPPP prior to final approval.
27. Storm drainage systems constructed on the individual lots must be maintained by the property owner for that lot. An exception to this requirement is where the private storm collection system crosses lot lines. In this case private storm drainage easements and the maintenance responsibilities related thereto have been identified herein.
28. Whenever any right of way landscaping in the City of Auburn has been improved, including but not limited to the planting of shrubs, plants, grasses, or other landscaping improvements, the duty, burden and expense of maintenance, watering, and general upkeep of such landscaping shall devolve upon the owner of the private property directly abutting the sidewalk adjacent to the landscaped area or abutting the landscaped area.
Section 7. Access Easements. The Association and its agents shall have an easement for access to each Lot and Tract and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots and Tracts of Owners for the following purposes:
- The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot;
- Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon;
- Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and
- The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration.
Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner.