HomeMy WebLinkAbout20171005000490 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 SC L''‘
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Return Address: HIl ll 'I. ii III I I Ili II it I I WI
City oferk m
Clerk
l20171005000490
City Clerk
25 West Main EASEMENT Rec: 5155.00
Auburn. WA 98001 1015/2017 10.58 AM
\\�,,ll 11 KING COUNTY,WA
FIRST AMERICAN Vv` V 32S po
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Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC 15-0005
Reference# (if applicable): N/A
Grantor/Borrower: RC.1, LLC & D&Z Northwest, LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SI, T21-N, R4-E
Assessor's Tax Parcel ID#: 158060-0230
THIS EASEMENT AND AGREEMENT made and entered into this 018 day of
�La _ , 2017, by and between the City of Auburn, a municipal corporation of the
State of Washington. hereinafter referred to as "CITY" and
RCJ, LLC & D&Z Northwest, LLC hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of improvements for Hebert B Street Lot I Building, located at
3526 B St NW, Auburn, WA 98001, which creates 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
WI-IEREAS, 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
FAC15-0005 Hebert Lot 1 Bldg Storm Water Easement and Maintenance Agreement
Page I of 8 Said documents were flied of
record as an accomodation only
EXCISE TAX NOT REWIRE . It has not been examined as to
--octet.execution oras to its
King my rds ivision
By uty
April Branham
'f-7-
WHEREAS, the parties arc 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 13E
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 "13" 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. FAC15-0005, which record drawings are
hereby incorporated by reference as if set out in full. This casement shall he a burden to
that real estate which is legally described and depicted attached as Exhibit "A" & "13" 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 Man Report signed and
dated November 3, 2015 (Revised June 19, 2017) and approved as part of Permit No.
FACI 5-0005 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.
FACI5-0005 Hebert Lot I Bldg Storm Water Easement and Maintenance Agreement
Page 2of8
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 I3MP's:
• Detention Pond
• Underground Infiltration Facility
• Underground Stormwater Detention Tanks
• Control Structure
• Flow splitter
• Catch Basins
• Eco Storm Plus Manhole (Stormwater Quality Device)
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.
FAC I5-0005 Hebert lot 1131dg Storm Water Easement and Maintenance Agreement
Page 3 of 8
EXECUTED as of the date first written above.
SIGNATORY — I) & Z NORTHWEST, LLC
DATED this 2\ clay of STAA*... 2017.
a Ntana� Member and Authorized Signature
STATE OF WASH INGTON
)ss.
COUNTY OF PIERCE
I certify I have known or have satisfactory evidence that HENRY HEBERT 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 acknowledge as a
MANAGING MEMBER of the I) & Z NORTHWEST, LLC, a limited liability
company, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated JI4_, ' �c c)0tit)
G7 G� ,�, (�
I II c. o , d't` E� X0
Notary Public
bars / _ 4' 1,13 en,State of Washington ` ` `'
Notary Public in and for he State of Washington
Mares M McGibbon residing at tne?, .i- unicfrnt, t
Commission Expires 02-15-2021 My appointment expires
FAC I5-0005 Hebert Lot I 13Idg Storm Water Easement and Maintenance Agreement
Page 4 of 8
SIGNATORY— RIC, LLC
DATED this jjcsi day of SLj- , 2017.
a N anaging Member and Authorized Signature
STATE OF WASHINGTON )
)ss.
COUNTY OF PIERCE )
I certify I have known or have satisfactory evidence that ROGER HEBERT is the
person who appeared before me, and said person acknowledged that he signed this
instrument on oath stated that lie was authorized to execute the instrument and
acknowledge as a MANAGER MEMBER of the RCJ, LLC.
a limited liability company, to be the free and voluntary act of'such party for the
uses and purposes mentioned in the instrument.
Dated J� ro,, �( , c(D1-7
Lit Q. 9r` X69
fr\gr C fr. U '`-pc.tC /JLll\--
Notary Public in and for the tate of Washington
residing at t i y ,• _
My appointment expires LW .`— a
Notary Public
State of Washington
Marci M McGibbon
,Commission Expires 02-15-2021
FAC 15-0005 Hebert Lot I I31dg Storm Water Easement and Maintenance Agreement
Pace 5 of 8
CITY OF AUBURN
7 -ciC --- 6/z$1/7
tliiTtarlaw. 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 Co 'as f 17—
�����\v‘‘‘‘tttttlt � C be . , , — 4
?. BADG<�l// w 13 \
W� k a Notary PuhliQin and for the State of Washington
H ia Residing at `1cse.en ,,..N *y
f.
y� AUtiv%1b t My appointment expires //it et/l,
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FAC 15-0005 Hebert Lot I Bldg Storm Water Easement and Maintenance Agreement
Page 6 of 8
•
Exhibit A
LEGAL DESCRIPTION
LOT I OF CITY OF AUBURN SHORT PLAT NO. SPL 08-0012 RECORDED
MAY 14. 2009 UNDER RECORDING NO. 20090514900001. IN KING
COUNTY, WASHINGTON;
EXCEPTING TI-IAT PORTION OF SAID LOT I LYING NORTHERLY AND
EASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT TI-IE NORTHEASTERLY CORNER OF SAID LOT;
THENCE N 88°39' 14" W ALONG THE NORTHERLY LINE OF SAID LOT,
11.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE S 0°32'43" W 67.00 FEET;
THENCE S 88°43'08" E 11.50 FEET TO THE EAST LINE OF SAID LOT
AND THE TERMINUS OF SAID LINE;
AND TOGETHER WITH THAT PORTION OF LOT 2 OF SAID CITY OF
AUBURN SI-(ORT PLAT LYING SOUTHERLY AND WESTERLY OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2,
THENCE S 88°38'44" E ALONG THE SOUTHERLY LINE OF SAID LOT,
28.84 FEE"(' TO THE TRUE POINT OF BEGINNING OF SAID LINE;
THENCE N 0°32'44" E 141.70 FEET; THENCE N 88°43'08" W 28.84 FEET
TO WE WESTERLY LINE OF SAID LOT 2 AND THE TERMINUS OF SAID
LINE.
I-AC15-0005 Hebert Lot I Bldg Storm Water Easement and Maintenance Agreement
Page 7 of 8
_ _ — N 89'29'05" W522.76'eiiii.
N 00'36'40.62" W N 89'24'35" W
I 67.00' 40.34"
1 -i INFILTRATION
LOT 1 NEW BUILDING AREA v
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CQ N 89'24• '35" W
N 89'24'35" W 366.20' I 156.72' /" r.
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