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Home My WebLink About20151026001445 STORM WATER EASEMENT AND MAINT AGREEMENT 09/03/2015 C� s, US 6412- FIRST AMERICAN _`r��> Return Address: ( ,/� City of Auburn City Clerk II I I III II I I I II I III 111 II 111 I II b r,unWA 98001 EXCISE N:.,, rv„,; D 20151026001445 FIRST AMERICAN EAS 152.00 . O '=ion PAGE-001 OF 007 10/26/2015 16:20 KING COUNTY, WA Patricia Dougherty Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC13-0011 Reference# (if applicable): N/A Grantor/Borrower: Alpine View, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S05-T21N-R5E Assessor's Tax Parcel ID#: 052105-9039 THIS EASEMENT AND AGREEMENT made and entered into this 3rd day of September , 2015, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Alpine View, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Hazel Heights Plat located at 11112 SE 304th Street, which create impervious surface; and WHEREAS, the PROPERTY OWNER and the CITY desire that the elements of a storm management plan be implemented and maintained to provide adequate performance for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of storm system elements, it is necessary to have, appropriate right-of-way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and WHEREAS, 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; and WHEREAS, an easement is needed to bring in maintenance equipment; and t*'n'Ia stars ler, Storm Water Easement and Maintenance Agreement Marti i15 an accommostntlon;ttt Page I of 7 hose not been erSniNveti as :s CY:4fE4f r'smecution or vw $n ,Pf m."'.■, t:W)tit WHEREAS, the parties are both desirous of permitting inspection of the storm management plan elements to make certain that they are functioning properly and for purposes of determining the appropriate repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Section 1, EASEMENT PROPERTY OWNER hereby provides a non-exclusive easement to the City for access, inspection, and maintenance for the purposes of this Agreement and the attached Storm Water Pollution Prevention Plan, over, under and on that real estate described in Exhibit "A" and depicted in Exhibit `B" and on that portion of the property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Project No. FAC13-0011, which record drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden to that real estate which is legally described and depicted attached as Exhibit "A" & "B" and incorporated herein by this reference, and shall be a benefit to the City Storm Drainage Utility System. Section 2,HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. Section 3,MAINTENANCE The PROPERTY OWNER agrees to maintain the storm system in accordance with the ordinances and all applicable codes of the CITY and the Maintenance and Operation Manual included as "Appendix A" in the approved Stormwater Site Plan Report dated 06/05/2014 and approved as part of Project No. FAC13-0011 and incorporated herein by this reference as if set out in full. The PROPERTY OWNER does hereby agree that the CITY may enter onto the property of the PROPERTY OWNER via the easement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY may enter onto the property of PROPERTY OWNER via the easement described above 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. In both events the PROPERTY OWNER agrees to reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. 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. Storm Water Easement and Maintenance Agreement Page 2 of 7 Section 4, 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. EXECUTED as of the date first written above. I ' Li Owner 4 Date U La y X 31<( Owner Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) ( 1 I certify that I ow or have satisfactory evidence that l.G,►',rl i , M . LGct�i and MI LiTrtie, M Lang is/are the person(s) who appearedgeefore me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Sep-F-KMb-er 37 2115 R. .1 11/ RA �O•`. missio�F tiF ::V eTq?k N: _ a .111 _ oa.� R :l o 1A-c.< u�`•. JBLIC ;' Notary Public in and for the State of Washington '<• ??. ? Residing at Q'rtCk bior 1Qnc1. �F wASHtNGS o` My appointment expires 4 2L I5 u uiIIII Storm Water Easement and Maintenance Agreement Page 3 of 7 CITY OF AUBURN arlaw, Storm Drainage Engineer a 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 this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the STORM DRAINAGE 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 9 19 I IS 4,e_Ahl MI Sal, `````..v..N,"Ntlt — y -�(Q .* "uutb t�/'I otary atZRl—�and d��rh �e t o�'Washington s sM %.0 Residing a` T.a < My appointment expires /l //7 f IA" i t //4 0, iWASH�'.Or JAK/tlb File: 1343 REF. 1-1:0evclopmentlProjectsll lazel Hei Oils\Lega112015 Storm Water Easement and Maintenance Agreement Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION THE SOUTH HALF OF THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT COUNTY ROADS. . EXHIBIT B . TRACT B WETLAND I g _ z I , 6 0 5 10 20 30 I I∎e■ I 10' PRIVATE DRAINAGE SCALE 1" = 30' EASEMENT 7 2' WIDE, 1' DEEP SWALE ALONG BACKYARDS OF LOTS 6,' 7 AND 8 . n rn li 8 • 1 TRACT A (2.. . EXHIBIT C 15' 15 0 • 1 a' DAYLIGHT COMBINATION WETLAND OVERFLOW/ ROCKERY DRAIN AT 5'x5' RIP RAP PAD • aI (� 6" PVC PERF. PIPE , BEHIND WALL 4 10' PRIVATE LP. "-- DRAINAGE ' EASEMENT 5 I 15'' 6" PVC TIGHTLINE I GRADE TO DRAIN WETLAND OVERFLOWS INTO 6" PIPE TRACT B = z WETLAND 25' 0 5 10 20 30 • BU _ SCALE 1" = 30'