The URL can be used to link to this page

Home My WebLink About20170306000845 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 030617 FTOCT r1 M,Fr,. - V L/n 1111111111 liii hII4I 11111111 II • 20170306000845 FIRST AMERICAN EAS 151.00 Return Address: PAGE-001 OF 006 03/06/2017 13:57 City olAuburn KING COUNTY, WA City Clerk 25 West Main Auburn. WA 98001 S w- 30-• - a' EXCISE TAX NOT REQUIRED01 �a King County Records Division By IL .' ; ALL .i s Deputy Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 15-0006 Reference# (if applicable): Grantor/Borrower: McCONKEY REAL ESTATES HOLDINGS, LLC. Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: 30-21N-05E Assessor's Tax Parcel ID#: 302105-9033 TI-IIS EASEMENT AND AGREEMENT made and entered into this? day of kt.'1na},9v-t ; , 20 by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter reterred to as "CITY" and McConkey Real Estate Holdings, LLC hereinafter referred to as "PROPERTY OWNER". WI-IEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for DAA Auto Storage Yards located at 3330 D Street SE, 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 WI-IEREAS, an easement is needed to bring in maintenance equipment; and FAC 15-0006 Storm Water Easement and Maintenance Agreement Parcel # 302105-9033 Page I of 6 ,eud documents were filed of .ecord as an accomodation only. r.has not been examined as to proper execution or as to its -ftcct upon title 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 "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. FACI5-0006, 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" and "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 November 14, 2016 and approved as part of Permit No. FACI5-0006 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 fees and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the FACI5-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9033 Page 2 of 6 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 Ponds, Control Structures, Catch Basins, Storm Filters, Swales, and Other Appurtenances. 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. EXECUTED as of the date first written above. 7 .,;(4, Authorized Signature Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that ! `O?1"--1- V/`6ti(wir-c-) is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated rthat he was authorized to execute the instrument and acknowledge acthe h� A tv-t' of (I t-'. lz,lu,_e VULL- 7sriktt I-k-,11 A c,, LL-C-_a limited liability company, to be the free and voluntary act of such party for the/(tses and purposes mentioned in the instrument. Dated I . • i-1 ouuuulnlulnn:uunuuulnuuluw❑ / Lclrti1 wt = Notary Public E E State of Washington �. fii`fiiiiF.i"O J L GUMMERE _ Notary Public iii.angd�for the State of Washington E MY COMMISSION EXPIRES = Residing at r� Weir--moi = OCTOBER 13,2019 = P •i3,15 171IIIIIIIIIIiIIIIIIIIIIIII1111iIIIIIIIIIIIIiII❑ My appointment xpires PAC]5-0006 Storni Water Easement and Maintenance Agreement Parcel H 302105-9033 Page 3 of 6 CITY OF AUBURN 1/407 Rahui 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 lal/ 7 (021.A.A. (4) • • -7 tast,C04 444\IL _ft oimk '§� Notary PubliQ in and for the Stat o Washin:ton Residing at '}�tsnep S a00‘ k0�O My appointment expires up Mc, zi I'm 11.19'1 f9_Z. i , i J 44%%%%%%%% i4�ttF ` OFW Ag ` MA13hib File: 1417 FAC 1 5-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9033 Page 4 ot'6 EXHIBIT A—LEGAL DESCRIPTION WEST PARCEL THE NORTH 9 ACRES OF GOVERNMENT LOT 3 IN SECTION 30,TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, THE SOUTH BOUNDARY LINE BEING ESTABLISHED BY AGREEMENT RECORDED APRIL 7, 1926, UNDER RECORDING NUMBER 2164883; EXCEPT THE NORTH 120 FEET OF TI-IE WEST 363 FEET THEREOF; AND EXCEPT THE WEST 30 FEET THEREOF FOR 84TH AVE. S. ("A" STREET S.E.) SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON. KING COUNTY TAX PARCEL 3021059033. FACI5-0006 Storm Water Easement and Maintenance Agreement Parcel 4 302105-9033 Page 5 of 6 EXHIBIT B NOTE: DUE TO THE SMALL SCALE OF EXHIBIT B REFER TO THE APPROVED RECORD DRAWINGS FAC15-0006 DAA AUTO STORAGE YARDS FOR LAYOUT OF ONSITE STORM FACILITIES. 1111111.11.; S:' ;1I: ZJ. F- • Ewe GRAPHIC SCALE 0 250 500 1000 (IN FEET) 1 INCH = 500 FT .� .. �: AUBURN AUTO STORAGE YARDS • lLxct:�•w-._.;1 AUBURN, WA i + 7+ ®_ STORM WATER EASEMENT AND ° ,Me),,,;,3 MAINTENANCE AGREEMENT EX "B """ � 11/4/2016 ...n P 1'=500' PAC 15-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9033 Page 6 016