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HomeMy WebLinkAboutR-1991-D5982 A.C. Partners0111 RESOLUTION NO.D 9 8 2 • A RESOLUTION authorizing the City Manager to execute Surface Water Control Agreements, Liens, and Easements with A -C Partners. WHEREAS, A -C Partners, a Washington General Partnership, desires to develop property known as Arlington Court, Division #3, and in connection therewith have executed the attached Surface Water Control Agreements, Liens, and Easements, together with the attached Quit Claim Deed, as required by the City as a condition to the City's approval of a reconfigured Surface Water Retention Swale System; and WHEREAS, the City Council deems it to be in the best interest of the City that the attached agreements be executed by the City, so that the developers will thereby be responsible for the disposal of service water which may accumulate on the property owned by A -C Partners and other adjacent property, all as provided by the attached agreements; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of The City of Yakima are hereby authorized to execute three agreements entitled "Surface Water Control. Agreement, Lien, and Easement" with a A -C Partners, Washington General Partnership, copies of which agreements are attached hereto and by reference incorporated herein. ADOPTED BY THE CITY COUNCIL this /3 day of 1991. ATTEST: / City Clerk (res\swca) (1;" Mayor SURFACE WATER CONTROL AGREEMENT, LIEN, AND EASEMENT THIS AGREEMENT is made and executed this day of August, 1991 between A -C PARTNERS, a Washington general partnership, DONALD R. HOLLINGBERY JR. and KRISTEN K. HOLLINGBERY, husband and wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband and wife, hereinafter collectively referred to as "A -C Partners," and the City of Yakima, Washington, hereinafter referred to as "City." WHEREAS, the predecessor in interest of A -C Partners obtained approval from the City of the plat for a subdivided area known as Arlington Court, Division No. 3, which approval was conditioned on an undertaking to make provision for, and to be responsible for, the disposal of surface water which may accumulate from within three subdivisions as follows: Arlington Court, according to the plat thereof recorder in Volume X of Plats, page 24, records of Yakima County, Washington; and Arlington Court, Division No. 2, according to the official plat thereof recorded in Volume Y of Plats, page 46, records of Yakima County, Washington; and Arlington Court, Division No. 3, according to the preliminary plat thereof as approved by the City of Yakima, as aforesaid; and WHEREAS, the predecessor in interest of A -C Partners constructed a retention pond on Lot 18 of the preliminary plat of Arlington Court, Division No. 3, for the purpose of intercepting and retaining surface water from the three said subdivisions; and WHEREAS, A -C Partners proposes to reconfigure the original retention pond into a narrow retention swale across Lots 18, 19, and 20, plat of Arlington Court, Division No. 3 so as to make all three lots usable for other purposes; NOW, THEREFORE, in consideration of the approval by the City of the reconfigured retention swale, A -C Partners agrees and covenants as follows: 1. Construction and Maintenance. A -C Partners shall construct, operate, and maintain a surface water retention swale system on Lots 18, 19, and 20 as designated on the attached site plan so that said swale will intercept and retain surface water runoff which may accumulate from within the three said subdivisions. The surface water retention swale system shall include the swale, piping and conduits, the installation of a secure fence along the east property line, and the installation of landscaping with sight screening plants and shrubs around the swale all to be maintained in such manner so that the retention (misc/swca) swale and property (Lots 18, 19, and 20) will not have an unpleasant appearance when viewed from neighboring properties. A- C Partners shall have the affirmative obligation to prevent water from escaping from said retention swale and to ensure that water does not flow onto adjacent properties, including City property located immediately to the east of said swale. 2. Indemnity. A -C ]Partners agrees to protect, defend, indemnify, and hold the City harmless from any and all claims, expenses (including reasonable attorney's fees), loss or liability of any nature which might be claimed by any person or party or arise out of the installation, maintenance or operation of said retention swale system solely at the expense and risk of A -C Partners at all times. A -C Partners further agrees to protect, defend, indemnify, and hold the City harmless from any claim, expenses (including reasonable attorney's fees) loss or liability for injury or damage to any person or property, which claim or liability is wholly or in part based on, or which wholly or in part arises from, flooding or other invasion of property by surface water which may accumulate on and emanate from within the three subdivisions described above. 3. Enforcement. A. In the event A -•C :Partners fails to maintain the swale system, or the fence or landscaping on the said Lot 18, to the satisfaction of the Yakima City Engineer, and on written notice from the Yakima City Engineer to A -C Partners at the address stated below, A -C Partners shall promptly perform such maintenance as stated in such notice. In the event A -C Partners fails to comply with any such notice within a reasonable time, the right is hereby granted to the City for city personnel and equipment to enter onto the land and perform the maintenance, as specified in the notice, at the expense of A -C Partners. A -C Partners shall promptly reimburse the City for all expenses incurred by it in performing such maintenance work, on the receipt by A -C Partners from the City of a statement of expenses so incurred, which amount shall include interest at the rate of eight percent per annum from the date on which the work is performed. B. A -C Partners hereby encumbers real property owned by A -C Partners, consisting of :Lot 18 of the plat of Arlington Court, Division No. 3, with a lien in an amount not to exceed $15,000.00 to assure the prompt reimbursement to the City for all expenses incurred by it in performing maintenance work on the swale system or premises constituting Lot 18 of said Arlington Court, Division No. 3, as aforesaid. In the event A -C Partners fails to promptly reimburse the City for• any expense so incurred, then this lien shall be subject to foreclosure and said lot shall be subject to sale, all in the manner provided by law for the foreclosure of delinquent local improvement district assessments, with the proceeds from such foreclosure and sale to be retained by the City for reimbursement to it of maintenance expense and interest then incurred and for legal and other expenses incurred in the (misc/swca) foreclosure proceedings, and with any balance to be retained by the City to apply to future maintenance costs. 4. EASEMENT. A -C Partners hereby conveys and grants to the City of Yakima and to the public a perpetual, nonexclusive easement for the flow of water across said Lots 18, 19, and 20 and into the retention swale. 5. COVENANT RUNNING WITH THE LAND. This agreement is intended to create and constitute a covenant running with the land consisting of Lots 18, 19 and 20 of the Plat of Arlington Court, Division No. 3, and all the obligations and undertakings of this agreement are hereby declared to constitute covenants running with that land. Furthermore, the undertaking by A -C Partners of the obligations of this agreement shall be binding personally on the partnership, each partner, and on their heirs, assignees and other successors in interest in or ownership of said lots, or any part thereof. 6. LITIGATION. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this agreements, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 7. STORM DRAINAGE SYSTEM. In the event, and at such time, as a storm drainage system is installed which will serve the above-described three subdivisions, this agreement may be terminated upon the written agreement by both parties that the installation of such a storm drainage system will adequately serve the area. 8. SUPERSESSION. This Agreement supersedes the Surface Water Control Agreement dated March 14, 1979, recorded April 11, 1979, under Auditor's File No. 2540788. Dated this (misc/swca) day of , 1991. A -C Partners By: Its: Donald R. Hollingbery, Jr. Kristen K. Hollingbery Harlen G. Petersen Deanna L. Petersen Keith A. Chronister Debera A. Chronister STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that the of A -C Partners 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 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 commission expires: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Donald R. Hollingbery, Jr. and Kristen K. Hollingbery,, husband and wife are the persons who appeared before me, and said personsac- knowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: (misc/swca) STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Harlen George Patersen and Deanna Lee Patersen, husband and wife are the persons who appeared before me, and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Keith Alan Chronister and Debera Ann Chronister, husband and wife are the persons who appeared before me, and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: (misc/swca) Notary Public in and for the State of Washington, residing at My commission expires: CITY OF YAKIMA, WASHINGTON City Manager ATTEST: City Clerk STATE OF WASHINGTON ) : ss. COUNTY OF YAKIMA On this day personally appeared before me to me know to be individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my handand official seal this day of , 1991. (misc/swca) J A r+bL.Z5 TOG .9 \\ ,.4. / s. I -1i'1`\ A/T\ \ I I \\ ' I \\ \\ 1 I I �--- 1 L1_-3 II S-°'. tow 1 ,\\ I I it I LoT 416 + bi.Y1 Too I 1 L • 1_ X11 S4 �Ir A 1 I , .1 + 10;.33 .G 1 (1 \ iI 1 /'l\ I I ,\ IG_ \�I ±lol-o(E) ;Loa x54, elia.f = 11,12o Gf .zs..0 _ -113.1(0' 51T E -- -PLA - - (E) - P WE . a) T�+REE uaw -r 55m- A�1H( WAs 1+KIMA u . R. 17LL.ING ! 11 L1uIE 15, 1 e _o_P_LLL SURFACE WATER CONTROL AGREEMENT, LIEN, AND EASEMENT THIS AGREEMENT is made and executed this day of August, 1991 between A -C PARTNERS, a Washington general partnership, DONALD R. HOLLINGBERY JR. and KRISTEN K. HOLLINGBERY, husband and wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband and wife, hereinafter collectively referred to as "A -C Partners," and the City of Yakima, Washington, hereinafter referred to as "City." WHEREAS, the predecessor in interest of A -C Partners obtained approval from the City of the plat for a subdivided area known as Arlington Court, Division No. 3, which approval was conditioned on an undertaking to make provision for, and to be responsible for, the disposal of surface water which may accumulate from within three subdivisions as follows: Arlington Court, according to the plat thereof recorder in Volume X of Plats, page 24, records of Yakima County, Washington; and Arlington Court, Division No. 2, according to the official plat thereof recorded in Volume Y of Plats, page 46, records of Yakima County, Washington; and Arlington Court, Division No. 3, according to the preliminary plat thereof as approved by the City of Yakima, as aforesaid; and WHEREAS, the predecessor in interest of A -C Partners constructed a retention pond on Lot 18 of the preliminary plat of Arlington Court, Division No. 3, for the purpose of intercepting and retaining surface water from the three said subdivisions; and WHEREAS, A -C Partners proposes to reconfigure the original retention pond into a narrow retention swale across Lots 18, 19, and 20, plat of Arlington Court, Division No. 3 so as to make all three lots usable for other purposes; NOW, THEREFORE, in consideration of the approval by the City of the reconfigured retention swale, A -C Partners agrees and covenants as follows: 1. Construction and Maintenance. A -C Partners shall construct, operate, and maintain a surface water retention swale system on Lots 18, 19, and 20 as designated on the attached site plan so that said swale will intercept and retain surface water runoff which may accumulate from within the three said subdivisions. The surface water retention swale system shall include the swale, piping and conduits, the installation of a secure fence along the east property line, and the installation of landscaping with sight screening plants and shrubs around the swale all to be maintained in such manner so that the retention (misc/swca) swale and property (Lots 18, 19, and 20) will not have an unpleasant appearance when viewed from neighboring properties. A- C Partners shall have the affirmative obligation to prevent water from escaping from said retention swale and to ensure that water does not flow onto adjacent properties, including City property located immediately to the east of said swale. 2. Indemnity. A -C Partners agrees to protect, defend, indemnify, and hold the City harmless from any and all claims, expenses (including reasonable attorney's fees), loss or liability of any nature which might be claimed by any person or party or arise out of the installation, maintenance or operation of said retention swale system solely at the expense and risk of A -C Partners at all times. A -C Partners further agrees to protect, defend, indemnify, and hold the City harmless from any claim, expenses (including reasonable attorney's fees) loss or liability for injury or damage to any person or property, which claim or liability is wholly or in part based on, or which wholly or in part arises from, flooding or other invasion of property by surface water which may accumulate on and emanate from within the three subdivisions descri]bed. above. 3. Enforcement. A. In the event A -C Partners fails to maintain the swale system, or the fence or landscaping on the said Lot 19, to the satisfaction of the Yakima City Engineer, and on written notice from the Yakima City Engineer to A -C Partners at the address stated below, A -C Partners shall promptly perform such maintenance as stated in such notice. In the event A -C Partners fails to comply with any such notice within a reasonable time, the right is hereby granted to the City for city personnel and equipment to enter onto the land and perform the maintenance, as specified in the notice, at the expense of A -C Partners. A -C Partners shall promptly reimburse the City for all expenses incurred by it in performing such maintenance work, on the receipt by A -C Partners from the City of a statement of expenses so incurred, which amount shall include interest at the rate of eight percent per annum from the date on which the work is performed. B. A -C Partners hereby encumbers real property owned by A -C Partners, consisting of Lot 19 of the plat of Arlington Court, Division No. 3, with a lien in an amount not to exceed $15,000.00 to assure the prompt reimbursement to the City for all expenses incurred by it in performing maintenance work on the swale system or premises constituting Lot 19 of said Arlington Court, Division No. 3, as aforesaid. In the event A -C Partners fails to promptly reimburse the City for any expense so incurred, then this lien shall be subject to foreclosure and said lot shall be subject to sale, all in the manner provided by law for the foreclosure of delinquent local improvement district assessments, with the proceeds from such foreclosure and sale to :be retained by the City for reimbursement to it of maintenance expense and interest then incurred and for legal and other expenses incurred in the (misclswca) foreclosure proceedings, and with any balance to be retained by the City to apply to future maintenance costs. 4. EASEMENT. A -C Partners hereby conveys and grants to the City of Yakima and to the public a perpetual, nonexclusive easement for the flow of water across said Lots 18, 19, and 20 and into the retention swale. 5. COVENANT RUNNING WITH THE LAND. This agreement is intended to create and constitute a covenant running with the land consisting of Lots 18, 19 and 20 of the Plat of Arlington Court, Division No. 3, and all the obligations and undertakings of this agreement are hereby declared to constitute covenants running with that land. Furthermore, the undertaking by A -C Partners of the obligations of this agreement shall be binding personally on the partnership, each partner, and on their heirs, assignees and other successors in interest in or ownership of said lots, or any part thereof. 6. instituted any of the prevailing necessary reasonable interpret Washington 7. STORM DRAINAGE SYSTEM. In the event, and at such time, as a storm drainage system is installed which will serve the above-described three subdivisions, this agreement may be terminated upon the written agreement by both parties that the installation of such a storm drainage system will adequately serve the area. LITIGATION. In the event that any suit or action is by either party to enforce compliance with or interpret terms, covenants, or conditions of this agreements, the party shall be entitled to collect, in addition to court costs, such sums as the court may adjudge as attorney fees. The venue for any action to enforce or this agreement shall lie in the Superior Court of for Yakima County, Washington. 8. SUPERSESSION. This Agreement supersedes the Surface Water Control Agreement dated March 14, 1979, recorded April 11, 1979, under Auditor's File No. 2540788. Dated this day of , 1991. (misc/swca) A -C Partners By: Its: Donald R. Hollingbery, Jr. Kristen K. Hollingbery Harlen G. Petersen Deanna L. Petersen Keith A. Chronister Debera A. Chronister STATE OF WASHINGTON ) :ss. County of Yakima I certify that 1 know or have satisfactory evidence that the of A -C Partners 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 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 commission expires: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I: know or have satisfactory evidence that Donald R. Hollingbery, Jr. and Kristen K. Hollingbery, husband and wife are the persons who appeared before me,, and said personsac- knowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: (misc/swca) STATE OF WASHINGTON ) :ss. County of Yakima ) I certify that I know or have satisfactory evidence that Harlen George Patersen and Deanna Lee Patersen, husband and wife are the persons who appeared before me, and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: STATE OF WASHINGTON ) :ss. County of Yakima ) I certify that I know or have satisfactory evidence that Keith Alan Chronister and Debera Ann Chronister, husband and wife are the persons who appeared before me, and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: (misc/swca) Notary Public in and for the State of Washington, residing at My commission expires: CITY OF YAKIMA, WASHINGTON City Manager ATTEST: City Clerk STATE OF WASHINGTON ) . ss. COUNTY OF YAKIMA On this day personally appeared before me to me know to be individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 1991. (misc/swca) API LI 1.1Cy7oN co 1Ec27a7 � low 419. r+wz.Z9 roc ' \ 1 \♦ , �—�� \ - % , I, co LE.02, 2 L. \\ 11 1 I / 1 1€ 1�9A / A I / 1 \ \ 1 I /1\\\ I rpt. • < 1 LoT *-�a .GR1vewAY &--* 1o1.o (E) • 102.01. b1 — 100 gee I1 11 I0Z.11 Toa r+ 103.33 To. (\ Q 1 \\�� I G I I 1r e�3.5{ � k ,r\ 19 ,T\ II 1 \ // 1 \ \ \ II , L'- I Lr--( 1 1 1 \,I a 1 --- ---� o 1 //• \ I 1 _ T'- F---- \ \ / 1 1 I\ w / \\ - X- * \� //C �_,� 1 �♦ \\�, \\ I ,/ /,' 11 c <�—� 6 °'' _1_ A 164.4 - II\ I I IL I r� I 7'�' 1 N-- —L. 1 i I—i I 1' I i I 1 I I 1 A 1 1 x 1 1 1 /' `\ 1 1 // \\ 1 1 // `\ +!�'---i ---_moi -LoT19 --.PIETENT1oI4 SwALE—' .4.:16:161 3:= cr. cf/f = 111,4120 cf t101.254e) - �13.9le' SITE:- P -L A N. - E pti 14_0 n. Yo. f , 1=1.4e- (E7 PRd'. u04S'`.L3.10 • rE) �1 Ti-1f3EE PEW - 5-Y 4 AfiL11 AKIMA WAS. 1 iJUNE 15, SURFACE WATER CONTROL AGREEMENT, LIEN, AND EASEMENT THIS AGREEMENT is made and executed this day of August, 1991 between A -C PARTNERS, a Washington general partnership, DONALD R. HOLLINGBERY JR. and KRISTEN K. HOLLINGBERY, husband and wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband and wife, hereinafter collectively referred to as "A -C Partners," and the City of Yakima, Washington, hereinafter referred to as "City." WHEREAS, the predecessor in interest of A -C Partners obtained approval from the City of the plat for a subdivided area known as Arlington Court, Division No. 3, which approval was conditioned on an undertaking to make provision for, and to be responsible for, the disposal of surface water which may accumulate from within three subdivisions as follows: Arlington Court, according to the plat thereof recorder in Volume X of Plats, page 24, records of Yakima County, Washington; and Arlington Court, Division No. 2, according to the official plat thereof recorded in Volume Y of Plats, page 46, records of Yakima County, Washington; and Arlington Court, Division No. 3, according to the preliminary plat thereof as approved by the City of Yakima, as aforesaid; and WHEREAS, the predecessor in interest of A -C Partners constructed a retention pond on Lot 18 of the preliminary plat of Arlington Court, Division No. 3, for the purpose of intercepting and retaining surface water from the three said subdivisions; and WHEREAS, A -C Partners proposes to reconfigure the original retention pond into a narrow retention swale across Lots 18, 19, and 20, plat of Arlington Court, Division No. 3 so as to make all three lots usable for other purposes; NOW, THEREFORE, in consideration of the approval by the City of the reconfigured retention swale, A -C Partners agrees and covenants as follows: 1. Construction and Maintenance. A -C Partners shall construct, operate, and maintain a surface water retention swale system on Lots 18, 19, and 20 as designated on the attached site plan so that said swale will intercept and retain surface water runoff which may accumulate from within the three said subdivisions. The surface water retention swale system shall include the swale, piping and conduits, the installation of a secure fence along the east property line, and the installation of landscaping with sight screening plants and shrubs around the swale all to be maintained in such manner so that the retention (misc/swca) swale and property (Lots 18, 19, and 20) will not have an unpleasant appearance when viewed from neighboring properties. A- C Partners shall have the affirmative obligation to prevent water from escaping from said retention swale and to ensure that water does not flow onto adjacent properties, including City property located immediately to the east of said swale. 2. Indemnity. A -C Partners agrees to protect, defend, indemnify, and hold the City harmless from any and all claims, expenses (including reasonable attorney's fees), loss or liability of any nature which might be claimed by any person or party or arise out of the installation, maintenance or operation of said retention swale system solely at the expense and :risk of A -C Partners at all times. A -C Partners further agrees to protect, defend, indemnify, and hold the City harmless from any claim, expenses (including reasonable attorney's fees) loss or liability for injury or damage to any person or property, which claim or liability is wholly or :in part based on, or which wholly or in part arises from, flooding or other invasion of property by surface water which may accumulate on and emanate from within the three subdivisions described above. 3. Enforcement. A. In the event A --C Partners fails to maintain the swale system, or the fence or landscaping on the said Lot 20, to the satisfaction of the Yakima City Engineer, and on written notice from the Yakima City Engineer to A -C Partners at the address stated below, A -C Partners shall promptly perform such maintenance as stated in such notice. In the event A -C Partners fails to comply with any such notice within a reasonable time, the right is hereby granted to the City for city personnel and equipment to enter onto the land and perform the maintenance, as specified in the notice, at the expense of A -C Partners. A -C Partners shall promptly reimburse the City for all expenses incurred by it in performing such maintenance work, on the receipt by A -C Partners from the City of a statement of expenses so incurred, which amount shall include interest at the rate of eight percent per annum from the date on which the work is performed. B. A -C Partners hereby encumbers real property owned by A -C Partners, consisting of Lot 20 of the plat of Arlington Court, Division No. 3, with a lien in an amount not to exceed $15,000.00 to assure the prompt reimbursement to the City for all expenses incurred by :it in performing maintenance work on the swale system or premises constituting Lot 20 of said Arlington Court, Division No. 3, as aforesaid. In the event A -C Partners fails to promptly reimburse the City for any expense so incurred, then this lien shall be subject to foreclosure and said lot shall be subject to sale, all in the manner provided by law for the foreclosure of delinquent local improvement district assessments, with the proceeds from such foreclosure and sale to be retained by the City for reimbursement to it of maintenance expense and interest then incurred and for legal and other expenses incurred in the (misc/swca) foreclosure proceedings, and with any balance to be retained by the City to apply to future maintenance costs. 4. EASEMENT. A -C Partners hereby conveys and grants to the City of Yakima and to the public a perpetual, nonexclusive easement for the flow of water across said Lots 18, 19, and 20 and into the retention swale. 5. COVENANT RUNNING WITH THE LAND. This agreement is intended to create and constitute a covenant running with the land consisting of Lots 18, 19 and 20 of the Plat of Arlington Court, Division No. 3, and all the obligations and undertakings of this agreement are hereby declared to constitute covenants running with that land. Furthermore, the undertaking by A -C Partners of the obligations of this agreement shall be binding personally on the partnership, each partner, and on their heirs, assignees and other successors in interest in or ownership of said lots, or any part thereof. 6. LITIGATION. In the event that any suit or action is instituted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this agreements, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees. The venue for any action to enforce or interpret this agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 7. STORM DRAINAGE SYSTEM. In the event, and at such time, as a storm drainage system is installed which will serve the above-described three subdivisions, this agreement may be terminated upon the written agreement by both parties that the installation of such a storm drainage system will adequately serve the area. 8. SUPERSESSION. This Agreement supersedes the Surface Water Control Agreement dated March 14, 1979, recorded April 11, 1979, under Auditor's File No. 2540788. Dated this day of , 1991. (misc/swca) A -C Partners By: Its: Donald R. Hollingbery, Jr. Kristen K. Hollingbery Harlen G. Petersen Deanna L. Petersen Keith A. Chronister Debera A. Chronister STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that the of A -C Partners 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 to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: STATE OF WASHINGTON ) .ss. County of Yakima Notary Public in and for the State of Washington, residing at My commission expires: I certify that I: know or have satisfactory evidence that Donald R. Hollingbery, Jr. and Kristen K. Hollingbery, husband and wife are the persons who appeared before me, and said personsac- knowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: (misc/swca) STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Harlen George Patersen and Deanna Lee Patersen, husband and wife are the persons who appeared before me, and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Keith Alan Chronister and Debera Ann Chronister, husband and wife are the persons who appeared before me, and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledge it 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 commission expires: CITY OF YAKIMA, WASHINGTON City Manager (misc/swca) ATTEST: City Clerk STATE OF WASHINGTON D . ss. COUNTY OF YAKIMA On this day personally appeared before me to me know to be individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 1991. (misc/swca) u + lot .Z, TOG :+ iot.Yl To . M 1 \ ; I; e 1. �I NCa 3 -- Ii 1 —i---—,-0 — i9C> 1 BU1LOihG 2 ic's3.5 / II / I Cr_ 6\ h/'�`\ . A /4\ \\ II K\ �q'. IA ,T � • II L I 1I 1, 11I 1 1 5-�' 11 1 1 1 j 1L 1 1 1 1 1 1 1 1 1 1� "_______A L________ . -- Ig \\.„ s �� 1 1 / 1 t q LoT 41e,IDT .1)R,vEWAY� 1 i 19 — i' Co 171 ioo m---RETENTfoN -,, — v= x54. 17,920 c f tIcI.2S_CO - PLA 4 z=� E YD. -1 101.44- (e) ? Ppa: UI4E T, `k.' rEi 1 JUNE 15, -oILLL QUIT CLAIM DEED THE GRANTORS, A -C PARTNERS, a Washington general partnership, DONALD R. HOLLINGBERY, JR. and KRISTEN K. HOLLINGBERY, husband and wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband and wife, for and in consideration of clearing title, convey and quit claim to CITY OF YAKIMA, a Washington municipal corporation, GRANTEE, all right, title, and interest in the following -described real estate, situated in the County of Yakima, State of Washington, together with all after-acquired title of the GRANTORS therein: A 16 foot wide strip of land situated parallel to and immediately adjacent to the east line of the east half of the northwest quarter of the northeast quarter of Section 28, Township 13 North, Range 13 E.W.M., said strip of land being formerly owned by the Yakima Valley Transportation Company, and said strip of land being described in that deed from W. D. Ingalls, et ux. to the Yakima Valley Transpor- tation Company recorded on August 27, 1913, in Book 141, Page 108, Records of Yakima Coun- ty, Washington, and said strip of land being more particularly described as follows: begin- ning at the southeast corner of the east half of the northwest quarter of the northeast quarter of Section 28, Township 13 North, Range 13 E.W.M., thence north along the east line of the east half of the northwest quarter of the northeast quarter of said section a distance of 371.90 feet, thence west 16 feet, thence south 371.90 feet, thence east 16 feet to the point of beginning. DATED this day of , 1991. A -C PARTNERS By: Its: By: By: DONALD R. HOLLINGBERY, JR. KRISTEN K. HOLLINGBERY Page 1 (misc/deed.rp) By: HARLEN GEORGE PETERSEN By: By: By: STATE OF WASHINGTON ) :ss. County of Yakima DEANNA LEE PETERSEN KEITH ALAN CHRONISTER DEBERA ANN CHRONISTER I certify that I know or have satisfactory evidence that the of A -C Partners 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 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 commission expires: STATE OF WASHINGTON ) .ss. County of Yakima I certify that I know or have satisfactory evidence that Donald R. Hollingbery, Jr. and Kristen K. Hollingbery, husband and wife are the persons who appeared before me, and said personsac- knowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowlede it to be the free and voluntary act of such party for the uses and pur- poses mentioned in this instrument. DATED: Notary Public in and for the State of Washington, residing at My commission expires: Page 2 (misc/deed.rp) STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Harlen George Patersen and Deanna Lee Patersen, husband and wife are the persons who appeared before me, and said persons acknow- ledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowlede it 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 commission expires: STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that Keith Alan Chronister and Debera Ann Chronister, husband and wife are the persons who appeared before me, and said persons acknow- ledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowlede it 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 commission expires: Page 3 (misc/deed.rp)