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HomeMy WebLinkAbout20171005000351 STORM WATER EASEMENT AND MAINT AGREEMENT 013017 Sb - xe,- 1s - ac c , ' i '1a 10 Ret rnAddress II1.( ( 1I((iIl llliIISII IIiI IILII II Cityburn City Clerk 20171005000351 25 West Main EASEMENT Ret: $154.00 Auburn. WA 98001 10)512017 10:22 AM KING COUNTY,WA CD FIRST AMERICAN ' 1 'Ski Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FACT 5-0015 Reference # (if applicable): N/A Grantor/Borrower: HILLSIDE GARDENS PARTNERS, LP Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 19 - Township 21N -Range 5E Assessor's Tax Parcel ID#: 192105-9206 THIS EASEMENT AND AGREEMENT made and entered into this '30 day of 17\p,0,kY , 2017, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Hillside Gardens Partners, LP hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Estates at Hillside Gardens located at 1919 Howard Road, 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 FAC 15-0015 Storni Water Easement and Maintenance Agreement . :.t documents were filed of Page I of 7 ,:.,rd as an accomodation only. r :as not been examined as to UIRED "''execution oras to its EXCISE AX OT F+E act upon title King • ';7.•if,t .ivis'•• gy +�% Ao " ,..,Repute Ya- 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, I3ASED 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. FAC1S-0015, 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 signed and dated February I I, 2016 and approved as part of Permit No. FACI5-0015 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. FAC15-0015 Storm Water Easement and Maintenance Agreement Page 2 of 7 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: • Infiltration Trench • Catch Basins • Compost Amended Soil • Filterra FAC15-0015 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 tines and/or the possibility of incarceration in addition to the fees for maintenance should violations occur. EXECUTED as of the date first writtyt 1,o e. / ill f✓ k, sv( c7 A�t sr' -d Signature Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that &1t6 Mc-Via\na is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that he was authorized o execute the instrument and acknowledge as the Par-htyr of I•-t l l lid v ( n rd P A S Pa c-kid S a Limited Partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 13D - I 1 Nott ry ublic �I J1 IDD i 0 v �)o ILE_LA� • State of Washington Debbie S Laken L.h 4.14h i P 6 L./CAS-0 Commission Expires 03-05-17 Notary Public in and for the State of Residing at kS Vitt/ P My appointment expires 01-0.5- I7 FAC15-0015 Storm Water Easement and Maintenance Agreement Page 4 of 7 CITY OF AUBURN __�� 3/2,a 71 7 -17m 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 1/43/gbh ,- 400/aah ,- 111 ^ R1 L. QI . --Tat; B . I, /1 • ,� Notary Publli�c�j d for the Stat�ej of ashington 00 as Residing at l�tlt/1CD WUA[+1v �\ { My appointment expires 1/119/!9 olo 0,..11#4$ j%$', SAS/tib FAC15-0015 Storm Water Easement and Maintenance Agreement Page 5 of 7 Exhibit A LEGAL DESCIPTION LOT 2,CITY OF AUBURN SHORT PLAT NO. SPL0004-90, RECORDED UNDER RECORDING NUMBER 9005171021, SAID SHORT PLAT BEING A REVISION OF CITY OF AUBURN SHORT PLAT NUMBER 7-80, RECORDED UNDER RECORDING NUMBER 8008070488, AND SAID SHORT PLAT BEING A PORTION OF GOVERNMENT LOT I I,SECTION 19,TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. TOGETHER WITH LOT 2,CITY OF AUBURN SHORT PLAT NO. SP-6-80, RECORDED UNDER RECORDING NUMBER 8007080428, SAID SHORT PLAT BEING A PORTION OF GOVERNMENT LOT II, SECTION 19,TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PER CITY OF AUBURN BOUNDARY LINE ELIMINATION NO. BLA I6-0001, RECORDED UNDER RECORDING NUMBER 20160223001080 SITUATE IN THE CITY OF AUBURN,COUNTY OF KING, STATE OF WASHINGTON EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO.20160216001600 FACI5-0015 Storm Water Easement and Maintenance Agreement Page 6 of 7 Exhibit B tNA ESTATES AT HILLSIDE GARDENS EXHIBIT TO ACCOMPANY SrORMW.ATER EASEMENT AND .,4`.N` MAINTENANCE AGREEMENT 9 1...--,k,:fi? \_ ' ..... NOT TO SCALE ^!b, A 4. © .' If), te � *CD / ` D © _ _ : BUILDING ,e. \\(:) • OD fr . :2 1. A \ / S./'. VV .i 4© J• OD © BUILDING - s 4 40 Asor - f G FILTERRA VAULT i. i ® ® CHAMBERMAXX INTIL TRATION ay.ve C N. -�r`��� � �„ © CATCH BASIN yt i© ® © © YARD DRAIN ot______J FAC 1 5-00 15 Storm Water Easement and Maintenance Agreement Page 7 of 7