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Home My WebLink About 20170113001924 STORM WATER EASEMENT & MAINTENANCE AGMT 01/13/2017 /^' D9 Return Address: 20170113001924 City of Auburn FARE-0 AM ERICAN7EAS 152.00 City Clerk KING3COUN17 TY 16Wg2 25 West Main Auburn,WA 98001 EXCISE TAX NOT REQUIRED .ng Co.R:•- ds Division By .oidllh� -14-4 'ep , Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC15-0020 Reference# (if applicable): N/A Grantor/Borrower: BTS Auburn AA, LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 7 - Township 21N-Range 5E Assessor's Tax Parcel ID#: 512540-0065 THIS EASEMENT AND AGREEMENT made and entered into this I day of NOt1.9-iv\L^s , 2016, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and BTS Auburn AA, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Advance Auto Parts located at 2402 Auburn Way N, Auburn, WA 98002, 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 Said documents were filed of Storm Water Easement and Maintenance Agreement -ecord as an accomodation only Page 1 of 7 it has not been examined as to proper execution or as to its effect upon title • L 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, 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. FAC15-0020, 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 March 7, 2016 and approved as part of Permit No. FAC15-0020 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. Storm Water Easement and Maintenance Agreement Page 2 of 7 • i 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. The Storm System Includes the following BMP's: • Detention Pond • Control Structure • Culverts • Infiltration Trench • Rain Garden • Compost Amended Vegetated Filter Strip (CAVFS) Storm Water Easement and Maintenance Agreement Page 3 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. firs itt4avuo4 AA 1-1.4., c ner Dat) Dmvio (3, 2vtNat?z4, cFv Owner Date STATE OF COLORADO ) ) ss COUNTY OF ARAPAHOE ) I certify that I know or have satisfactory evidence tha &yt Lt \. gum and i are the ( erson s) whaJ appeared P before me, and said individual(s) acknowledged that 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 1 o/1.l/(O SHERRI L. ROSSELOT (VOTARY PUBLIC tfft STATE OF COLORADO T 4,a,tdpn NOTARY ID#19984020864 MY COMMISSION EXPIRES 07/2912018 PJ'#-c, L. 1 o S Jo fi Notary Public 'n and for e State of ��t7id.0 Residing at i1Tu /as '1. ►,1 CD My appointment ekpires 7 1 Aoti Storm Water Easement and Maintenance Agreement Page 4 of 7 CITY OF AUBURN r_ '/i/ 'rim 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 Ili/ //,, ‘....\‘‘,,, .6---9,, 8 , e,- •-_, - gADG4' Notary Public in and for the Statep Washington Q`�S� '�a,, Residing at I ctti ec ^cam ` -/ 4s tMk '� s� s .n',, My appointment expires / /// 9 /c7 �t— yZ $u ' 1 IR , .{I�,�,tea 0 411„,'e OF toe. ,-- 1,\„ SAS/tlb Storm Water Easement and Maintenance Agreement Page 5 of 7 Exhibit A LOTS 13, 14, 15 AND 16,BLOCK 1,MAPLEWOOD ADDITION TO THE CITY OF AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS,PAGE 98,IN KING COUNTY,WASHINGTON; EXCEPT THE WESTERLY FIVE FEET THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 6500344 Storm Water Easement and Maintenance Agreement Page 6 of 7 is -o C4 I.-dC as ) �I _.. _._ __ INIL CD o r1 '.� i '\,•`-\f '\.. \\.., \./-\7 \,7. AT" Illl • ED• • rl • 'F;I!, :, \''' \j ,`.Q;.i r PROPOSED I '`,. \.,�'.. �\ ADVANCE AUTO PARTS f '. _.. ;��_ .-�..<.5 \, J ;ter J\� . _�®�' BUILDING Izoa , 4 \,' , \ \ '®- (6,889 SF ! FFE: 61.25) �� S.Izo ' �' ' LOTS 13 14 15 & 16 + ' " MAPLEWOOD ADDITION TO 00 1 I tt ` .` �. ,` \ ' THE CITY OF AUBURN co f �fi` ti 114 \ /' C vfi rrl ilipliV\i \./ ,., ',,- '• .- -. / Yl MI ".. 1 \, i?i�:sw1 oP._r_cce. -k.�r�..,:. n t Y.:r b:l.L [t•,r i.zS:ti"2s.L...._....'.-'J+ . j