The URL can be used to link to this page

Home My WebLink About20070215002020 DRAINAGE EASEMENT AND DRAINAGE AGREEMENT 111606r v Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PACIFIC NW TIT Ei PAGE001 OF 010 02/15/2007 15:33 KING COUNTY, WA IIII m Above this line reserved for recording information. DRAINAGE EASEMENT AND DRAINAGE AGREEMENT \NW~ W5to9%r -~a FAC05-0005 101" Reference # (if applicable): N/A Grantor/Borrower. Wesley Homes Lea Hill, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE'/.17-21N-5E Assessor's Tax Parcel ID#: 172105-9007 / 172205-9228 DRAINAGE EASEMENT AND DRAINAGE AGREEMENT THIS DRAINAGE EASEMENT AND DRAINAGE AGREEMENT (this "Agreement") is made as of November /'7- , 2006, between Wesley Homes Lea Hill, LLC ("Wesley Homes Lea Hill"), a Washington corporation, and the City of Auburn, a Washington municipal corporation ("City") (collectively, the "Parties"). FACTUAL CONTEXT A. Wesley Homes Lea Hill is a senior retirement community located in Auburn, Washington referenced in Exhibit A as: King County Tax Parcel No. 172105-9007-05 LOT 1, KING COUNTY SHORT PLAT NO. 1181011 RECORDED UNDER KING COUNTY RECORDING NO. 8203020644, SAID SHORT PLAT BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, STATE OF WASHINGTON. TOGETHER WITH AND SUBJECT TO: Ordinance No. 5881 of the City of Auburn, approving the rezone request for 18.38 acres recorded on November 29, 2004, under King County Recording No. 20041129000252. Said document(s) were fged for reOOrd by Pacific Northwest Title as a000MMadation only. It has not b«en EXCISE TAX NOT REQLMUWPJ W as to proper exaarbn er ~1o~affaaoue. #595164 v1 / 00670-004 King Co. Records By - Deputy ty B. Wesley Homes Lea Hill owns a stormwater quality treatment and detention pond (the "Stormwater Pond") located on the Wesley Homes Lea Hill property depicted in Exhibit B. The Stormwater Pond discharges to the existing stream running through Wesley Homes Lea Hill property. The legal description is outlined in Exhibit C. C. Wesley Homes Lea Hill has agreed to provided a combined system wherein the runoff from 110th Avenue SE, which is outside the property of Wesley Homes Lea Hill, receives water quality treatment and is detained in Stormwater Pond. D. Stormwater from 110th Avenue SE drains to the Stormwater Pond through a drainage pipe, and then to the existing stream through a drainage pipe and a sheet flow spreader. E. Road improvements and the Stormwater Pond were constructed under City of Auburn FAC permit #05-0005. F. Wesley Homes Lea Hill and the City wish to set forth their agreements regarding the Stormwater Easement, maintenance of the Stormwater Pond, and related matters. G. A vortex vault has been constructed prior to discharge of stormwater to the Stormwater Pond for the purpose of providing pre-treatment of stormwater from 110`h Ave SE. NOW, THEREFORE, in consideration of the foregoing and of the mutual agreement of the Parties to the terms and conditions hereinafter contained, Wesley Homes and the City agree as follows: 1. Stormwater Easement. 1.1. Grant of Easement. Wesley Homes conveys to City a nonexclusive easement, described as Exhibits B and C, attached and by this reference made a part hereof, to discharge surface water naturally deposited on 110th Avenue SE into the stormwater pipe from 110th Avenue SE to the Stormwater Pond for the purpose of conveying that surface water to the Stormwater Pond for water quality treatment and detention ("Stormwater Easement"). See the attached Exhibit D. 1.2. Maintenance of Stormwater Facilities. City will maintain the vortex vault and the stormwater pipe in the Stormwater Easement (from the Right-of-way line to the Stormwater Pond). City will not interfere with or damage any of Wesley Homes' structures located in, on, under, or upon the Wesley Homes Lea Hill property. Wesley Homes Lea Hill will maintain the sheet flow spreader and will maintain the Stormwater Pond in compliance with the Easement and Maintenance Agreement. Wesley #595164 vi / 00870-004 Homes Lea Hill conveys to the City the right for ingress and egress to the areas of property described in Exhibits B and C, via any point of entry on the property needed for the purpose of maintenance of the facilities indicated in this agreement. 1.3. Rights. Except as otherwise provided herein, the rights conveyed by Wesley Homes Lea Hill to City in this Agreement are subject to matters of record affecting Wesley Homes Lea Hill property at no cost to the City. 2. Pollution. 2.1. Clean-up. In the event of a spill of Hazardous Substances from 110th Avenue SE onto Wesley Homes Lea Hill, City 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 owners of any portion of Wesley Homes Lea Hill at the addresses provided to 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. 2.2. 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, environmental protection, contamination, or cleanup including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended, the Resource Conservation and Recover Act as amended. 3. General Provisions. 3.1. Mediation. The Parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement. If at any time either Party to this Agreement determines that such informal discussions will not result in a resolution of the dispute, such Party may request formal discussion by both Parties. If formal discussion by the Parties does not resolve the dispute, a settlement conference shall be held within thirty (30) days of the unsuccessful resolution meeting. The settlement conference will be held at the Seattle office of Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The complaining Party must #595164 v1 / 00870-004 contact JAMS to schedule the conference. The Parties may agree on a retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of three available judges and each Party may strike one. The remaining judge will serve as the mediator at the settlement conference. The Parties will jointly pay the fee of the JAMS mediator. It the Parties are unable to settle the matter through mediation, the Parties agree to have the dispute determined by arbitration. The Parties shall jointly chose an arbitrator and if they are unable to pick one consensually, they shall use the services of a JAMS arbitrator, selected as above. The parties will jointly pay the fee of the JAMS arbitrator, but the nonprevailing party shall pay the attorneys fees and costs, including any on appeal, of the prevailing party. 3.2. Covenant Running With Land. This Agreement shall be a covenant running with the land and shall be binding in perpetuity on any recorded owner of the Wesley Homes Lea Hill property and the portion of 110th Avenue SE draining to the Stormwater Pond and shall benefit any record owner of the portion of 110th Avenue SE draining to the Stormwater Pond until such time as this Agreement is vacated or replaced by mutual agreement of the parties. 3.3. Counterparts. 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. This Agreement may be executed by facsimile. 3.4. Indemnity. The City agrees to hold harmless Wesley Homes Lea Hill, its officers, agents and employees, from any damages, claims, or costs associated with any Hazardous Wastes as discussed in Section 2. 1, or any maintenance by the City as required in Section 1.2, and any other damages, claims or costs arising out of this Agreement, except those arising out of the gross negligence or willful misconduct of Wesley Homes Lea Hill, or those arising out of Wesley Homes Lea Hill's failure to maintain the Stormwater Pond as required in Section 1.1. 3.5 Successors and Assigns. This Agreement is binding upon, and inures to the benefit of, City and Wesley Homes Lea Hill and their respective successors, heirs, administrators and assigns. WESLEY HOMES LEA HILL, LLC CITY OF AUBURN (a Washington limited liability corporation) (a Washington municipal corporation) By WESLEY HOMES, a Washington nonprofit corporation, its sole member #595164 v1 / 00870-004 By: By: Cite lC( Its ~c rz w:~ ~'a > a +s Its Alpem By: By: / Its eity Attorn~- City of Aubu Approved STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that kPa J i e-\ AOLI- x SCn /are the person(s) who appeared before me, and said person(s) acknowledged that she/they signed this instrument on oath stated that Ushe/they ~(D/were authorized to execute the instrument and aGl owledge as the QN---~- of W 'lew tD"C- U& MhI) U-C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated ~N I(o. ?(-,C.31 , jN7 hh 1 V80 19- STATE OF WASHINGTON) ) ss COUNTY OF KING ) 1✓ -er1 o-r\ µ 4668 Notary Pu 1; in and for the State of Washington Residing at V ?A, e-4L-- My appointment expires L9 09' I certify that I know or have satisfactory evidence that DENNIS SELLE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the CITY ENGINEER OF PUBLIC WORKS 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 11 177-j'"".. EBA S'o \O-f i t• PUBUG :.O I 4q' 1.180..°.,C?. Notary Pub ' in and for the State of Washington W~ Residing at w l My appointment expires l 1(f y o 7 #595164 v1 / 00870-004 EXHIBIT A Legal Description of Property p A aua w t f WMMHN LSD ``'ter x ~ r-atr 71 i y r t ~ i For: 11182 O P"4&. 7M Amur ewix rort in, wmz WESLEY HOMES LEA HILL a.1r , Tltla NPR i-mex nu ~11661,~ WIYIR6l m00 King County Tax Parcel No. 172105-9007-05 LOT 1, KING COUNTY SHORT PLAT NO. 1181011 RECORDED UNDER KING COUNTY RECORDING NO. 8203020644, SAID SHORT PLAT BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, STATE OF WASHINGTON. TOGETHER WITH AND SUBJECT TO: Ordinance No. 5881 of the City of Auburn, approving the rezone request for 18.38 acres recorded on November 29, 2004, under King County Recording No. 20041129000252. EXHBT rB- 586.10'41T BE 32ft STET • ® 138.DY 4 ya 3 J08.71' 1Q g W20-421 ssoz ; ~ r-2ooN laaal• S8B20'4t'E N ~ y Yi 0 n LC? I RCSP 1 IMI 111 . C REC. NO. 8203020844 W _ I (i yy%AM C~ 5i a S' 'ISH a ~ p yr~ g P ~ q O E s S i T t LAND Emm 05-t8-07 A8E2s381Y 628.Ir 1 xo~ F rob Nw bw ''200 AUBURN SENIOR 11182 ~P 18215 AVENUE LIVING sh«t a~ (425)281-3817 - (415)251-3782 FAX T1t10: EKINEEIM, LAND STORM EASEMENT ~ 1 of 1 ENRONMENTAL SOMES - - - i n EXROT-c- LEGAL DESCRIPTION STORM DRAINAGE EASEMENT All Chose portions of Lot 1 of King County Short Plat No. 1181011, as recorded under Recording No. 8203020644, Records of King County, Washington, more particularly described as follows: COMMENCING at the Southeast comer of said Lot 1; THENCE North 02" 30'20" East along the East line thereof, a distance of 156.81 feet to the POINT OF BEGINNING; THENCE South 57" 56'22" West, 19.55 feet to the beginning of a non-tangent curve to the right, from which point the radius point of said curve bears South 56' 40' 26" Wast, 30.09 feet distant; THENCE Southerly along the are of said curve, passing through a central angle of 36' 15' 14", an arc distance of 19.04 feet; THENCE Sough 02' 55'40' West, 8722 feet to the beginning of a 29.75-foot radius curve to the right THENCE along to are of said curve, passing through a central angle of 112' 56' 37-, an arc distance of 58.64 feet to a point of reverse curvature with a 81.91-foot radius curve to the left; THENCE along the are of said curve, passing through a central angle of 37" 00' 50', an arc distance of 52.91 feet to a point of reverse curvature with a 185.04-foot radius curve to the right THENCE along the arc of said curve, passing through a central angle of 14' 35' 46", an are distance of 47.14 feet THENCE North 86' 32'47" West, 54.94 feet to the beginning of a 25.09-foot radius curve to the right THENCE along the arc of said curve, passing through a central angle of 166' 20' 04", an arc distance of 7284 feet THENCE North 79'47'170 East, 19.76 feet THENCE North 24' 51' 57" Fast, 19.89 feet; THENCE North 22' 52'31' West, 210.63 feet; THENCE North 19' 34'1(r West, 161.56 feet THENCE South 62' 49'05* West, 21.52 feet; THENCE North 27' 10' 55" West,15.00 feet THENCE North 82' 49' 05" Fast, 60.00 feet THENCE South 27' 10'W East, 15.00 feet; THENCE South 82' 49' 05" West, 23.35 feet; THENCE South 19" 34' 1S" East, 163.14 feet THENCE South 22' 52' 31' East, 224.84 feet; THENCE South 26' 584(r East, 5.51 feet; THENCE North 79.47' 17" East, 1726 feet to the beginning of a 29.91-foot radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 29' 57' 13", an arc distance of 15.64 feet to a point of non-tangency, THENCE North 32' 40' 52" East, 11.01 feet to the beginning of a 48.84-toot radius curve to the right THENCE along the arc of said curve, passing ,sough a central angle of 48' 22' 48", an arc distance of 4124 feet to a point of reverse curvature with a 40.57-foot radius curve to the left; Project Name: Auburn Senior Living November 3, 2006 Page 1 of 2 RN(Mas 111192L.006.doe Exhibit: 11192EX01-SD.dw9 THENCE along the arc of said curve, passing through a central angle of 50" 07' 06", an arc distance of 35.49 feet to a point of reverse curvature with a 30.09-foot radius curve to the right; THENCE along the arc of sold curve, passing through a central angle of 88° 08' 32, an arc distance of 4629 fret to a point of non-tangency; THENCE North 57" 66' 22" East, 34.28 feet to the East line of said Lot 1; THENCE South 02" 30' 20' West along said East tins, 18.22 feet to the POINT OF BEGINNING. Project Name: Auburn Senior Living November 3, 2006 Page 2 of 2 RW(Mse 111192LOOB.doc Exhibit: 11192EXOt-SO.dwg EXHIBIT D Storm Water Exhibit AVEME MMI vote EAST 1gYT.. VENUE - ! EABT Mot r' r ~ ►1wI1T nYt'. f._-2200W Stormwater Pond Job NUM&V n Scots: Scab: Horiranfai ,•.700 Vertical 9/A For: EA HILL 1 112 C Dram MAV WESLEY HOMES L 18415 72N 7490 AVENUE SOUTH SENT WA 98037 Shea! Cn , (175)251-6774 Title: Y (e45)251-8784 FAX STORM ,,pyp~e CF a t 1 , a•°' 6 ~9~ 6 EXHIBIT Dom. ,D-1 e eMae