HomeMy WebLinkAbout20170306000845 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 030617 FTOCT r1 M,Fr,. - V L/n 1111111111 liii hII4I 11111111 II
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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,
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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
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