The URL can be used to link to this page

Home My WebLink About20191016000940 SE 6- Zo-L1 C6016) Return Address: IIlIIIIll 11 CCity of Au ity Cle kburn 1111111111111111III 11111 11111 11111 1111!1111111 1111111 1111 Auburn,WA 9001 2019101 6 000940 EASEMENT Rec:$212.00 , 10!18!2019 1:56 PM �� KING COUNTY,WA FIRST AMERICAN Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC16-0014 Reference # (if applicable): N/A Grantor/Borrower: LC & L DAEBAK, INC. Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SE 1/4 Section—Section 13—Township— 21N—Range 4E Assessor's Tax Parcel [D#: 132104-9050 THIS EASEMENT AND AGREEMENT made and entered into this L (T"' day of Sg1-Q wnbZ , 2019, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and LC & L DAEBAK, INC., hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for the HOLIDAY INN EXPRESS & SUITES located at 507 'C' ST SW, 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 FAC16-0014 Storm Water Easement and Maintenance Agreement RECORDING REQUESTED BY Page 1 of 6 FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY 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 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. FAC 16-0014, 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 dated August 13, 2017, and approved as part of Permit No. FAC16-0014 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 PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. FAC16-0014 Storm Water Easement and Maintenance Agreement Page 2 of 6 The Storm System Includes the following BMP's: • Detention Pond • Outlet Control Structure • Catch Basins • Permeable Pavement FAC16-0014 Storm Water Easement and Maintenance Agreement Page 3 of 6 • 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. EXECUTED as of the date first written above IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer. Authorized Signer STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that KEUM S. WOO is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the President of LC & L DAEBAK, INC., a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 1 /I I �l JI HYE YI Notary Public �•` �� State of Washington /I My Commission Expires Notary Public in and for the State of Washington July 02, 2020 Residing at "TAf A ' My appointment expires -7 /z/20 FAC16-0014 Storm Water Easement and Maintenance Agreement Page 4 of 6 CITY OF AUBURN Tier arlaw, Storm Drainage Engineer Date STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that T 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 /0(9 /19 BAO�, ►►►►/ , .r. ;rte,_ `SON F"111 C` !! • I y v . - ' % Notary Pub is in and for the jta e of Wajhington A ciav‘c, =p 5 Residing at t-0-) Ce 1- i!!! �T �11I11`�g-" _� My appointment expires I f!KV17 FAC16-0014 Storm Water Easement and Maintenance Agreement Page 5 of 6 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTH OF SR 18 ACCESS RAMPS AS SHOWN ON SHEET 4 OF 6 OF WSDOT "SR 18 MP 3.49 TO MP 3.94 C ST. SW INTERCHANGE VIC." APPROVED SEPTEMBER 22, 1999 AND WEST OF THE WEST RIGHT OF WAY OF C STREET SW PER DEEDS RECORDED IN SAID COUNTY UNDER RECORDING NUMBERS 811998,6122667,6122668, 6122669, 9406141583. 9406141586 AND 9408050790 AND EAST OF THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE OUTHEAST QUARTER AND NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF SAI.D SUBDIVISION WITH THE WEST LINE OF THE ORIGINAL NORTHERN PACIFIC RAILWAY RIGHT OF WAY; THENCE SOUTH 01°11'52" EAST, ALONG SAID WEST LINE 832.32 FEET, TO THE BEGINNING OF SAID DESCRIBED LINE AND A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 87°27'54" WEST 357.85 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE TERMINUS OF SAID LINE. EXCEPT FOR A PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT "A"; THENCE NORTH 01°11'52" WEST, ALONG THE WEST LINE OF SAID ORIGINAL RAILWAY RIGHT OF WAY, 101.80 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTION; THENCE NORTH 87°27'54" WEST 125.00 FEET; THENCE NORTH 01°11'52" WEST 80.00 FEET; THENCE SOUTH 87°26'20" EAST 125.00 FEET TO SAID WEST LINE; THENCE SOUTH 01°11'52" EAST 79.96 FEET TO THE POINT OF BEGINNING. D AS FOLLOWS: THE BEARINGS HEREIN ARE ASSUMED, DERIVED FROM GPS OBSERVATIONS OF MONUMENTATION SHOWN ON THE RECORD OF SURVEY IN VOLUME 74 OF SURVEYS, PAGE 36, RECORDING NUMBER 199006289012. FAC16-0014 Storm Water Easement and Maintenance Agreement Page 6 of 6