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Home My WebLink About20160504000069 STORM WATER EASEMENT AND MAINT AGREEMENT 2/10/2016 crag `��1 t@( t -L I -Thei f 1 a Y Return Address: City of Auburn • City Clerk I r 25 West Main 201,.,(95,0i Auburn,WA 98001 FIRST AMERICAN EAS 78.00 PAGE-001 OF 006 05/04/2016 10:02 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 14-0010 Reference#(if applicable): Grantor/Borrower: 231-D AUBURN, LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: A PORTION OF LOTS 1, 2,AND 3,BLOCK"B", LUNN'S GARDEN TRACTS TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, - _ = - "- . 1 IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST , • '• QUARTER OF SECTION 13,TOWNSHIP 21 NORTH,RANGE 4 EAST W.M.,KING COUNTY WASHINGTON Assessor's Tax Parcel ID#: 446340-0072 THIS EASEMENT AND:AGREEMENT made and entered into this 234 day of -V) ,2015, by and between the City of Auburn, a municipal corporation of King County, Washington; hereinafter referred to as "CITY" and 231-D AUBURN, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for PROPERTY OWNER located at the northwest corner of D St NW and 2"d St NW, which create impervious surface; and WHEREAS, the PROPERTY OWNER and the CITY desire that the elements of the 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 Storm Water Easement and Maintenance Agreement Said rk1Curnertts were fthveSc Page 1 of 4 relC2IFt1 a.9 tan ac ornmociabti.31 cid x it not tyro xa .,4. EXCISE TAX NOT REQUIRED WOW t uiirt.F:,f ;A: L: ;14 v.` .3 King Co. Records �� ,Deputy 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 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 Permit No. FAC14-0010, 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 February 16, 2015 and approved as part of Permit No. FAC14-0010 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) Storm Water Easement and Maintenance Agreement Page 2 of 4 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. 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. /2431/3 Owner / Dat6 STATE OF WASHINGTON) ) ss - COUNTY OF KING ) -I certify that I know.or have satisfactory evidence that TROY THOMAS is the persons who appeared before me, and said individual acknowledged that he 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 t2-1 22VOOSS4/40 — `��eeeirrrri�i `��\ET T E s6;io, VrAyOle_ �r�ss��N Notary Pub ' • and for the State of Washington . . •0 9FN: Residing at a V \A�l� • NOTARY = My appointment ores -{ k UV • PUBLIC ••''•.125 05 ;g.•' lillee Storm Water Easement and Maintenance Agreement Page 3 of 4 CITY OF AUBURN 7- - Z/%o/6 Tim Carlaw, Storm Drainage 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 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 4/6Y/6 <` 9 �s�''i,, I E PP4 -- '_�_' +(Tii,�j ,� ; Notary Public in and for the State of Washington _._ Residing at LQ r,c�Q CCU a"4 f.n 4 46.0 c„ _; My appointment expires l/// 11/1814tuu �C'! � � '�WAST� File:FAC14-0010 Storm Water Easement and Maintenance Agreement Page 4 of 4 Exhibit A Legal Description LOT 2 A PORTION OF LOTS 1,2,AND 3, BLOCK"B", LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS. PAGE 33, IN KING COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13,TOWNSHIP 21 NORTH, RANGE 4 EAST, W M. KING COUNTY, WASHINGTON AND MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N 87°58'52" W, ALONG THE SOUTH LINE THEREOF,A DISTANCE OF 33 FEET,TO THE TRUE POINT OF BEGINNING; THENCE N 03°45'30" W,A DISTANCE OF 166.82 FEET, THENCE AT A RIGHT ANGLE, N 86°14'30"E, A DISTANCE OF 334.33 FEET TO THE EASTERLY LINE OF SAID LOT l; THENCE S 03°05'54" E,ALONG SAID EASTERLY LINE, A DISTANCE OF 173.64 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 24.50 FEET,AND A CENTRAL ANGLE OF 95°07'02"; THENCE ALONG SAID CURVE TO THE RIGHT. AN ARC LENGTH OF 40.67 FEET TO SOUTH LINE OF SAID LOT 1,AND THE NORTHERLY MARGIN OF 2ND STREET NORTHWEST; THENCE N 87°58'52"'W,ALONG SAID NORTHERLY MARGIN OF 2ND STREET NORTHWEST,A DISTANCE OF 306.93 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON Q, w4oA , ti // / 7 ji :•-,‘.4:1 I IP �'�' 5.S8 .' f u^J,'9FCrs?Es? 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