HomeMy WebLinkAbout20231109000592 FAC21-0013 Stormwater Easement & Maintenance AgreementInstrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -1 of 11
Record Date: 11/9/2023 1:52 PM
Electronically Recorded King County, WA
RetLirn Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
Reference # (if applicable)
Grantor/Borrower
Grantee/Assignee/Beneficiary
Legal Description/STR
Assessor's Tax Parcel ID#(s
FAC21-0013
COPPER GATE NORTH, LLC
CITY OF AUBURN
SECTION 31, TOWNSHIP 22N, AND
RANGE 5E
936060-0340 & 936060-0330
In consideration of the mutual covenants contained herein and for other valuable
consideration, this easement and agreement are made and entered into this
Ya day of oV 2023, by and between the City of Auburn, a municipal
corporation of the State of Washington, (the "CITY") and Copper Gate North, LLC, (the
"PROPERTY OWNER" and collectively, the "PARTIES").
The Project is located at the Real Property described in Exhibit "A" and depicted in
Exhibit "B"
PROPERTY OWNER has constructed private facilities to manage stormwater runoff
("Private Stormwater Facilities") as depicted on the As -Built Plans, Stormwater Site
Plan, and Final Stonn Drainage Report associated with FAC21-0013 The Heart at
Auburn Gateway ("Project"). The Private Stormwater Facilities include, but are not
limited to, the following storm water elements:
• Stormtech SC -740 Underground Chamber Detention. System
• Control Structure
• Catch :Basins
• Modular Wetland Water Quality Facility
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -2 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
• Energy Dissipater
• Emergency Overflow Structure
PROPERTY OWNER agrees to provide a non-exclusive easement
("Stormwater Easement"), legally described in Exhibit "A" and depicted in Exhibit `B",
to the CITY for access, inspection, and maintenance for the purposes of this Agreement,
over, under and on the Real Property, and on that portion of the property containing
Private Stormwater Facilities. This easement shall be a burden to the Real Property and
shall be a benefit to the City Storm Drainage Utility System.
2. MAINTENANCE
The PROPERTY OWNER agrees to maintain the Private Stormwater Facilities in
accordance with the Auburn City Code, including the City of Auburn Surface Water
Management Manual, and Project As -Built Plans, Stormwater Site Plan (including
Appendix A - Maintenance and Operations Manual), and Final Storm Drainage Report.
The PROPERTY OWNER agrees to allow the CITY to enter the Real Property for the
limited purpose of inspecting the Private Stormwater Facilities, including authorizing
the City to utilize any necessary equipment to perform such inspections. The CITY will
notify the PROPERTY OWNER in writing of any necessary maintenance. If the
PROPERTY OWNER fails to maintain the Private Stormwater Facilities after being
notified by the CITY, the PROPERTY OWNER agrees the CITY may enter onto the
Real Property to perform emergency maintenance in the event of failure of the storm
management plan elements which might result in adverse impacts(s) on public facilities
or private facilities of other property owners but at no time will the City have any
ownership interest in the Real Property. The PROPERTY OWNER agrees to reimburse
the CITY for the costs incurred by the CITY in maintaining the Private Stormwater
Facilities. Should the CITY incur attorney's fees and/or costs in enforcing the agreement
and/or in maintaining or collecting maintenance fees, the PROPERTY OWNER agrees
to pay reasonable attorney's fees and all costs incurred by the CITY. The City's sole
obligation in the event of any damage, relocation, or disruption of the Easement Area,
caused by its employees, contractors, or agents shall be to re-establish existing grades
and provide for adequate site stabilization.
3. POLLUTION
3.1 Hazardous Substances Defined
As used herein, the term "Hazardous Substances" means any hazardous, toxic,
chemical, or dangerous substance, pollutant, contaminant, waste or material,
including petroleum, which is regulated under any federal, state, or local statute,
ordinance, rule, regulation or common law relating to chemical management,
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -3 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
environmental protection, contamination, or cleanup including, without limitation, the
Comprehensive Environmental Response, Compensation, the Liability Act of 1980
and as later amended, and the Resource Conservation and Recovery Act as amended.
3.2 Clean-up
In the event of the presence of Hazardous Substances on the Real Property caused by
any person or entity other than the City, the PROPERTY OWNER shall, at its own
cost, undertake immediate response as required by law, including, but not limited to,
reporting to appropriate agencies, and shall notify the CITY as soon as reasonably
possible. The PROPERTY OWNER will pursue enforcement of all required
remediation and cleanup efforts until they are completed and the cleanup and/or
remediation has been approved by appropriate governmental agencies. The PARTIES
agree that such clean-up requirements are consistent with 42 U.S.C. § 9607 and
Chapter 70.105D RCW.
In the event that a spill of Hazardous Substances from the Real Property crosses the
public right-of-way, the PROPERTY OWNER will, at its own cost, undertake
immediate response as required by law, including, but not limited to, reporting to
appropriate agencies, and will notify the CITY as soon as reasonably possible, and
will pursue enforcement of all required remediation and cleanup efforts until they are
completed and the cleanup and/or remediation has been approved by appropriate
governmental agencies.
If the PROPERTY OWNER does not pursue and complete cleanup and/or
remediation, the City may purse those actions and the PROPERTY OWNER will
reimburse the City for all associated costs.
4. GENERAL PROVISIONS
4.1 Acknowledgment of Other Enforcement Actions
PROPERTY OWNER acknowledges that there may be liability for violations of
codes that could result in additional fines and/or the possibility of incarceration in
addition to the fees for maintenance should violations occur.
4.2 Covenant Running With Land
This easements and the covenants shall be a covenant running with the land and shall
inure to the benefit of and be binding in perpetuity on any recorded owner of the Real
Property until such time as this Agreement is vacated or replaced by mutual agreement
of the parties.
4.3 Counterparts
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -4 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be an original, but all of which, together, shall constitute one and the same
instrument..
4.4 Heirs, Successors and Assigns
This easement and the covenants is binding upon, and inures to the benefit of, the
CITY and the PROPERTY OWNER and their respective successors, heirs,
administrators, and assigns. The PARTIES desire that this Agreement be recorded to
advise heirs, successors and assigns of both parties as to the existence of this easement
and agreement.
4.5 Indemnity
The CITY agrees to hold harmless the PROPERTY OWNER, its officers, agents and
employees from any damages, claims, or costs associated with any damages, claims
or costs arising out of this Agreement, except those arising out of the negligence or
intentional misconduct of the PROPERTY OWNER, or those arising out of the
PROPERTY OWNER's failure to provide maintenance, repair, and clean-up in
accordance with this agreement.
The PROPERTY OWNER shall defend, indemnify and hold the CITY, its officers,
officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or in connection with
activities or operations performed by the PROPERTY OWNER or on the
PROPERTY OWNER's behalf associated with any maintenance by the PROPERTY
OWNER or related to storm water runoff, spills, and debris originating from the
public right of way, and for which a third party may be liable, that enters the Private
Stormwater facilities from the public way, and any other damages, claims or costs
arising out of this Agreement, except for injuries and damages caused by the sole
negligence of the CITY.
However, should a court of competent jurisdiction determine that RCW 4.24.115
applies, then the PROPERTY OWNER agrees to defend, indemnify and hold the
CITY, its officers, officials, employees and volunteers harmless to the maximum
extent permitted thereunder. It is further specifically and expressly understood that
the indemnification provided herein constitutes the PROPERTY OWNER's waiver
of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: $213.50 Page -5 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
14
Dated this day of crop , 2023
f
Grantor
Grantor
STATE OF WASHINGTON)
) ss
COUNTY OF SPOKANE )
I certify that I know or have satisfactory evidence that -b. ' v
and is/are the persorl(s) who appeared before me, and
said person(s) acknowledged that they signed this instrument and on oath stated that they were
authorized to execute the instrument as the
and of COPPER GATE NORTH, LLC,
a limited Iiability company, and acknowledged it to be that party's free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated
EN
Notary Public ,% and for he Sta e of Washington
Residing at
My appointment expires
FAC2 l -0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -6 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
CITY OF AUBURN
Carlaw, City of Auburn Storrn Utility Engineer Date
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that TIM CARLAW is the person who
appeared before me, and said person acknowledged that he signed thisinstrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the STORM
UTILITY ENGINEER of the CITY OF AUBURN to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated g IN .
Notary Public in and for the State of Washington
Residing at
My appointment
expires 01,40 ") 4
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -7 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
EXHIBIT A
LEGAL DESCRIPTIONS OF REAL PROPERTY
LEGAL DESCRIPTION — TPN 936060-0330
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND
HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM, A
DISTANCE OF 420.15 FEET WEST OF THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 839.74 FEET TO THE NORTH MARGIN OF SOUTH 280th
STREET, AS ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER
RECORDING NUMBERS 544796 AND 5869551; THENCE WEST ALONG SAID
NORTH MARGIN 259.26 FEET; THENCE NORTH 840.74 FEET TO A POINT ON
THE NORTH LINE OF SAID DONATION CLAIM A DISTANCE OF 259.24 FEET
WEST OF THE POINT OF BEGINNING; THENCE EAST ALONG SAID NORTH
LINE TO THE POINT OF BEGINNING;
EXCEPT THE EAST 30 FEET; AND EXCEPT THAT PORTION, IF ANY, LYING
WITHIN SOUTH 277th STREET (52nd STREET NORTHEAST); AND EXCEPT THAT
PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY
DEED RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST
(SOUTH 280th STREET) ADJOINING AS VACATED BY AUBURN ORDINANCE
3594 RECORDED UNDER RECORDING NUMBER 8102090641, AS WOULD
ATTACH BY OPERATION OF LAW;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED UNDER RECORDING NUMBER 20160411001517, RECORDS OF KING
COUNTY, WASHINGTON. (ALSO KNOWN AS A PORTION OF TRACT 42,
TOGETHER WITH VACATED STREETS ADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2nd ADDITION, ACCORDING TO THE UNRECORDED PLAT
THEREOF);
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF
WAY DEDICATION DEED RECORDED MARCH 06, 2020, UNDER RECORDING
NO. 20200306000969.
AND
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND
HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -8 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
BEGINNING ON THE NORTH LINE OF SAID DONATION CLAIM, AT A POINT
679.39 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH
89°10'30" WEST ALONG SAID NORTH LINE 258.94 FEET; THENCE SOUTH
0049'30" WEST 841.71 FEET TO THE NORTH MARGIN OF SOUTH 280th STREET,
AS ESTABLISHED BY DEEDS TO KING COUNTY, RECORDED UNDER
RECORDING NUMBERS 544796 AND 5869551, SAID POINT BEING SOUTH
88056'30" WEST 938.52 FEET FROM THE EAST LINE OF SAID DONATION CLAIM;
THENCE NORTH 88056'30" EAST ALONG SAID NORTH MARGIN 258.95 FEET;
THENCE NORTH 840.70 FEET TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277th STREET (52nd
STREET NORTHEAST);
TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST
(SOUTH 280th STREET) ADJOINING AS VACATED BY AUBURN ORDINANCE
3594 RECORDED UNDER RECORDING NUMBER 8102090641, AS WOULD
ATTACH BY OPERATION OF LAW;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED UNDER RECORDING NUMBER 20160411001517, RECORDS OF KING
COUNTY, WASHINGTON. (ALSO KNOWN AS TRACT 43, TOGETHER WITH
VACATED STREET ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2nd
ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF);
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF
WAY DEDICATION DEED RECORDED MARCH 06, 2020, UNDER RECORDING
NO. 20200306000969.
CONTAINS 321,470± SQUARE FEET (7.3799± ACRES)
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -9 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
LEGAL DESCRIPTION — TPN 936060-0340
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND
HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID DONATION CLAIM,
WHICH POINT IS 938.33 FEET SOUTH 89010'30" WEST OF THE NORTHEAST
CORNER OF SAID DONATION CLAIM; THENCE SOUTH 89°10'30" WEST ALONG
THE NORTH LINE OF SAID DONATION CLAIM 258.64 FEET; THENCE SOUTH
0049'30" WEST 842.68 FEET TO A POINT ON THE NORTH LINE OF THE COUNTY
ROAD, AS ESTABLISHED BY DEEDS TO KING COUNTY RECORDED UNDER
RECORDING NUMBERS 544796 AND 5869551, WHICH POINT IS 1,197.18 FEET
SOUTH 88056'30" WEST OF THE EAST LINE OF SAID DONATION CLAIM;
THENCE NORTH 88056'30" EAST ALONG THE NORTH LINE OF SAID COUNTY
ROAD 258.66 FEET; THENCE NORTH 0°49'30" EAST 841.71 FEET TO THE POINT
OF BEGINNING;
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277th STREET (52nd
STREET NORTHEAST); TOGETHER WITH THAT PORTION OF VACATED 49th
STREET NORTHEAST (SOUTH 280th STREET) ADJOINING AS VACATED BY
AUBURN ORDINANCE 3594 RECORDED UNDER RECORDING NUMBER
8102090641, AS WOULD ATTACH BY OPERATION OF LAW;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED UNDER RECORDING NUMBER 20160411001518, RECORDS OF KING
COUNTY, WASHINGTON. (ALSO KNOWN AS TRACT 44, TOGETHER WITH
VACATED STREET ADJOINING, WHITE RIVER VALLEY HOME TRACTS 2nd
ADDITION, ACCORDING TO THE UNRECORDED PLAT THEREOF);
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF
WAY DEDICATION DEED RECORDED MARCH 06, 2020, UNDER RECORDING
NO. 20200306000969.
►x
THAT PORTION OF THE DONATION LAND CLAIM OF WILLIAM A. COX AND
HIS WIFE, ELIZABETH COX, DESIGNATED AS CLAIM NO. 38, BEING A PART OF
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTHERLY LINE OF SAID DONATION LAND CLAIM, AT
A POINT WHICH IS SOUTH 89°10'30" WEST 1,196.97 FEET FROM THE
NORTHEAST CORNER THEREOF; THENCE SOUTH 89'10'30" WEST ALONG SAID
NORTHERLY LINE 258.34 FEET; THENCE SOUTH 1°03'30" WEST 843.64 FEET TO
THE NORTHERLY LINE OF COUNTY ROAD, AS ESTABLISHED BY DEEDS TO
KING COUNTY RECORDED UNDER RECORDING NUMBERS 544796 AND
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -10 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
5869551, AT A POINT WHICH IS SOUTH 88°56"30" WEST 1,455.53 FEET FROM
THE EAST LINE OF SAID DONATION LAND CLAIM; THENCE NORTH 88°56'30"
EAST 258.35 FEET;
THENCE NORTH 0049'30" EAST 842.68 FEET TO THE POINT OF BEGINNING;
EXCEPT THE WESTERLY 30 FEET THEREOF FOR COUNTY ROAD; AND
EXCEPT THAT PORTION, IF ANY, LYING WITHIN SOUTH 277th STREET (52nd
STREET NORTHEAST); AND
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7103110262;
TOGETHER WITH THAT PORTION OF VACATED 49th STREET NORTHEAST
(SOUTH 280th STREET) ADJOINING AS VACATED BY AUBURN ORDINANCE
3594 RECORDED UNDER RECORDING NUMBER 8102090641, AS WOULD
ATTACH BY OPERATION OF LAW;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED UNDER RECORDING NUMBER 20160411001518, RECORDS OF KING
COUNTY, WASHINGTON. (ALSO KNOWN AS A PORTION OF TRACT 45,
TOGETHER WITH VACATED STREET ADJOINING, WHITE RIVER VALLEY
HOME TRACTS 2nd ADDITION, ACCORDING TO THE UNRECORDED PLAT
THEREOF);
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY RIGHT OF
WAY DEDICATION DEED RECORDED MARCH 06, 2020, UNDER RECORDING
NO. 20200306000969.
CONTAINS 389,694± SQUARE FEET (8.9461± ACRES)
FAC21-0013 The Heart at Auburn Gateway
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Instrument Number: 20231109000592 Document:AG Rec: 5213.50 Page -11 of 11
Record Date: 11/9/2023 1:52 PM King County, WA
DRAWN: BS _ PROJECT:
DESIGNED: BH THE HEART AT AUBURN GATEWAY
401 49TH ST NE
craREVIEWED: AC AUBURN, WA 98002
DATE: 09.07.21 SHEET TITLE:
BCRA NO. 18208 EXHIBIT B
T253,627,4367 F253.627,4395WWW.BCRADESIGN.COM STORM EASEMENT EXHIBIT
2106 PACIFIC AVENUE, SUITE 300, TACOMA, WA 98402 CADD FILE:
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