HomeMy WebLinkAbout20171005000705 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 Nw — of,- at - oS
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20171005000705
Return Address: EASEMENT Rec: $154.00
City of Auburn 10/5/2017 11:56 AM
City Clerk KING COUNTY,WA
25 West Main
Auburn.WA 98001
( :4) I v�Z`�y\J r� EXCISE AX OT REQUIRED
FIRST AMERICAN Kin Co. ords Division
j I , By , Deputy
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC 15-0007
Reference it(if applicable): N/A
Grantor/Borrower: CenterPoint Auburn LLC said documents were filed of
Grantee/Assignee/Beneficiary: CITY OF AUBURN "cord as an accomodation only,
t has not been examined as to
Legal Description/STR: S6, T21-N, R5-E proper execution oras to its
Assessor's Tax Parcel IDK: 00(1400-0031 'r(I:ct upon title qq
THIS EASEMENT AND AGREEMENT made and entered into this pt� day of
JL. , 2016, by and between the City of Auburn, a municipal corporation of
King C unty, Washington, hereinafter referred to as "CITY" and
CenterPoint 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 Federal Express Parking Lot Expansion located
at parcel 000400-0031, which create impervious surftce; 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
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
Storm Water Easement and Maintenance Agreement
Page 1 of 7
K2
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 constniction
records for the City of Auburn under Permit No. FAC15-0007, 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, HEI RS, SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, successors and assigns of' the
parties.
Storm Water Easement and Maintenance Agreement
Page 2 of 7
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
9/17/2015 and approved as part of Permit No. FAC15-0007 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 lees 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:
• Underground Detention System (Stormtech Chambers)
• Control Structure
• Catch Basins
• Modular Wetland System
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.
Storm \Vater Easement and Maintenance Agreement
Page 3 of 7
r/ SIGNATORY - LLC
DATED this p2 / 7 day of ar c,)L , 201 .
������i't�'et- C. t3sca
!."',,u',i3 - -4 • lure
eraNig r end 1
e
Auth ized Signature
Michael Tortorici
Senior Vice President,Treasurer
STATE OF QSS ssv1 )
) ss
COUNTY OF ,-,1/4-Pa-ft
)
I certify I have known or have satisfactory evidence that 1 C , L-40.,s_c
a 0.
nd•-nV cJn o.-s-l. .ib
xu.c�.� is/are the person(s who appeared before me, and
said person(s) acknowledged that he/she/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as the
V L,ex. and LL-,ja tick. ��5 as bs V, a cs�1 ti
of C eutsicLuy-70`.1--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: /Q`1 I Ito
`.IZ
Notary Public in and for the State of yLCt.n_isi-A
Residing at Co 7 3,t1) Ls a_t, 3 ber& s L €r I L
My appointment expires 7/361 t g
OFFICIAL SEAL
RITA MARCINKOWSKI
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:07/30/18
Storm Water Easement and Maintenance Agreement
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CITY OF AUBURN
Carlaw, Storm Drainage Et{ginelr 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 belbre me, and said person acknowledged that lie 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 g/52,MP
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Bu < 1. tom' i
A.
4,N,� 't Notary Public.i d for the S e of Washincton
m3 Residing at ] uU1Cp LouN-
N- �0t�' 2 = My appointment expires /1 /17 X19/
.11, ;WASN ..
PAC 15-0007
SAS/tib
Storm Water Basement and Maintenance Agreement
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Exhibit A
Legal Description
THAT PORTION OF THE HARVEY H. JONES DONATION LAND CLAIM NO. 39,
SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.. IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 1,487.34 FEET OF
THE NORTH 2,286.76 FEET OF SAID CLAIM;
THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID CLAIM 165
FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH ALONG SAID PARALLEL LINE 420 FEET;
THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID CLAIM 264
FEET;
THENCE SOUTHERLY PARALLEL TO THE \VEST LINE OF SAID CLAIM 420
FEET;
THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID CLAIM 264
FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THE SOUTH 170 FEET AS MEASURED PARALLEL WITH THE NORTH
LINE OF SAID DONATION CLAIM;
AND EXCEPT THE EASTERLY 5 FEET FOR STREET PURPOSES CONVEYED TO
THE CITY OF AUBURN BY NEED RECORDED UNDER RECORDING NO. 6379500.
Storm Water Easement and Maintenance Agreement
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Exhibit B
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Storm Water Easement and Maintenance Agreement
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