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Home My WebLink About20171005000705 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 072717 hl - o(o- - OS -Sc I III I III II I lilt till Illi)Ill Il lllll IIII III II II III ll III I I I II II I 20171005000705 Return Address: EASEMENT Rec: $154.00 City of Auburn 1015/2017 11:56 AM City Clerk KING COUNTY,WA 25 West Main Auburn. \VA 98001 1 -7 EXCISE' AX OT REQUIRED v FIRST AMERICAN Kin Co. ords Division ( J H By . Deputy Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 15-0007 • Reference#(if applicable): N/A Grantor/Borrower: CenterPoint Auburn LLCSaid documents were filed of Grantee/Assignee/Beneficiary: CITY OF AUBURN record as an accomedation only. tc has not been examined as to Legal Description/STR: S6, T21-N, R5-E proper execution or as to its Assessor's Tax Parcel ID#: 000400-0031 'rfect upon title THIS EASEMENT AND AGREEMENT made and entered into this A7 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 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 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 1L2 WHEREAS, the parties are both desirous of permitting inspection of the storm management plan elements to make certain that they arc 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 I, 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. FACI5-0007, 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, HEIRS, 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. FACI5-0007 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 casement 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. 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 lines and/or the possibility of incarceration in addition to the fees for maintenance should violations occur. Storm Water Easement and Maintenance Agreement Page 3 of 7 r� SIGNATORY - LLC DATED this pl / day of /dL , 201 1Pis4 h C. Rana �� 40:2 la Autl2ntzcd Signature Michael Tortorici Senior Vice President,Treasurer STATE OF ) COUNTY OF + o QE) ss I certify I have known or have satisfactory evidence that C and•01/41.c..k,a_e .n.,Akr-1iOu e-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 a knowledge as the V and c ,ti-kliBx.V ICL o 6,1-#J' a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 7 /a7 I H40 Notary Public in and for the State of 7L`na9ii, Residing at co 7 o-e<4t-u-L elf J_1-- Myappointmentexpires 7/36/ I g OFFICIAL SEAL RITA MARCINKOWSKI NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:07/30/18 Storm Water Easement and Maintenance Agreement Page 4 of 7 CITY OF AUBURN i Carlaw, Storm Drainage El gine r 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 g/a ylf(o RV.e_Aisa egos,, *' ems .,„„ll , � . re_e ; ” - % s.LtY k �YA4 '�c Notary Publicp d for the Ste of Washington a t Residing at t 9/1 CD CCU IX-fry N Yy %Ewe 2 = My appointment expires I/ 1/7/19/ i/ /9OF WAS `` usit% Yt��G~O IlliIIN�\\••• ��\ FAC I5-0007 SAS/tib Storm Water Easement and Maintenance Agreement Page 5 of 7 l 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 WEST 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 Page 6 of 7 Exhibit B 1=70' \\ Il) ; >, 1 -C8 411 TYPE 1 r-C8 t2 TYPE 1 ---- \\/ I . \ � stoRM TECH / Io i\ \ I`; DETENTION pAM< . L ilii-,•--c 111 -it* _ alheralarM1111,7 1 I 'Fr- 1 IiI g \\ 1 _- -_- _ _ - - so Z \ a ,r—C8 rC8i4 1 ' , g BTORM TECFl-I s� 'p 1 DETENTION TANK __ II a ire tmill ._ .. � — -- -\ aI I _= -- --- :::::=I— '12! .rg.,=.1 - =` � - _ I-.,l • CB MANHOLE 05 1 ' i u 4•X8' MODULAR—` • WETLAND SYSTEM \ , 71 Storni\Vater Easement and Maintenance Agreement Page 7 of 7