HomeMy WebLinkAbout20200108000872 STORMWATER EASEMENT AND MAINTENANCE AGREEMENT Z 35"2;2-
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1/8/2020 2:38 PM
KING COUNTY,WA
FIRST AMERICAN _
Return Address: `\l
Auburn City Clerk
City of Auburn EXCISE TAX NOT REQUIRED
25 West Main St. King C Recor Division
Auburn, WA 98001gy eputy
RECORDER'S COVER SHEET A1nb
Document Title(s) (or transactions contained therein):
Storm Water Easement and Maintenance Agreement FAC17-0002
Reference Number(s) of Documents assigned or released:
DAdditional reference#'s on page_of document
Grantor(s) (Last name first, then first name and initials)
DCT Hudson Distribution Center, LLC
Grantee: (Last name first)
,...,FaQuESTED6Y
,. >yFitC.A,N TITLE COMPANY
City of Auburn P.,;:I C(.:.OW 4ticATOt,ONLY
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section 3, Township 22N and Range 4E
®Additional legal is on page 6-7 of the document.
Assessor's Property Tax Parcel/Account Number:
352204-9027, 3522049022
13 Assessor Tax#not yet assigned
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC 17-0002
Reference#(if applicable): N/A
Grantor/Borrower: DCT HUDSON DISTRIBUTION CENTER,LLC
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: Section 3,Township 22N and Range 4E
Assessor's Tax Parcel ID#: 352204-9027 & 352204-9022
THIS EASEMENT AND AGREEMENT made and entered into this .3:)0 day of
kpPA 1 ,2019,by and between the City of Auburn, a municipal corporation of
the State of Washington, hereinafter referred to as "CITY" and
DCT HUDSON DISTRIBUTION CENTER,LLC hereinafter referred to as"PROPERTY
OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of improvements for HUDSON DISTRIBUTION CENTER located
at 6408 S 287th Street, 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
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
Storm Water Easement and Maintenance Agreement
Page 1 of 8
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. FAC17-0002, 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
June 8th, 2017 and approved as part of Permit No. FAC17-0002 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.
Storm Water Easement and Maintenance Agreement
Page 2 of 8
The Storm System Includes the following BMP's:
• Detention Pond
• Control Structure
• Catch Basins
• Energy Dissipaters
• Wetland Wetpond
• Contech CDS
• Pond Liner
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.
Storm Water Easement and Maintenance Agreement
Page 3 of 8
SIGNATORY–DCT INDUSTRIAL OPERATING LLC
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by
its proper officer(s)this '30 day of Are, \ , 2019.
DCT Industrial Operating LLC,
a Delaware limited liability company
By: DCT Industrial Operating Partnership LP,
a Delaware limited partnership,
its Sole member
By: DCT Industrial Trust Inc.,
a Maryland Corporation,
its General Partner
By:
Name: Tcr;ac,,niv\
Title: Vice- f rt5•c�.tr1�
STATE OF WASHINGTON)
ss
COUNTY OF KING )
I certify I have known or have satisfactory evidence that 12-/M(a-Mi v o4Sk is the
person who appeared before me, and said person acknowledged'fhat he signed this /
instrument on oath stats}that he was authorizec to execute the instrument and
acknowledge as the V l 0— t T of
DCT INDUSTRIAL OPERATING,LLC, a limited liability company,to be the free and
voluntary act of such party for the uses and purposes mentioned in the in\\ miA\1111.�
��`EYN1,, th
Dated: Lit 30 �I = �.�'%sw!iF'� ,��` /
172126 fP'
Notary 'ublic in and or the t;to of WA
•residing at u cls W cA9s 'Ovs��a�•��aj� r, 30Z
My appointment expires F " s� ;/1pFwAsY‘ z
111\\\‘\‘w.
Storm Water Easement and Maintenance Agreement
Page 4 of 8
CITY OF AUBURN
j=-6-C - /2-70s/ c
Tfm 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
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 is/`sl a°f 9
„Nom%ilik Aft g ‘,_,_,,, .,...,,a.:.,..
.... , B„zs,„
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i AOTAIp .Z Notary Public in and for the S to of Washington
i ...j' % Residing at -----P (-52)1 Cv r L�
S" L1C+�ti My appointment expires !v to 10.3
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1111 WA,''•�
Storm Water Easement and Maintenance Agreement
Page 5 of 8
EXHIBIT A
LEGAL DESCRIPTIONS
PARCEL A:
ALL OF THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4
EAST,W.M.,RECORDS OF KING COUNTY,WASHINGTON;THENCE ALONG THE SECTION LINE
SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID
SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST PARALLEL TO THE SOUTH LINE OF
SAID SECTION 35 A DISTANCE OF 1291.29 FEET TO THE TRUE PLACE OF BEGINNING;THENCE
NORTH PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE NORTH LINE OF
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 35,AS THE SAME IS NOW
BOUNDED AND FENCED ON THE GROUND;THENCE NORTH 87°54'40"EAST ALONG THE SAID
NORTH LINE 204.50 FEET;THENCE NORTH 88°25'24"EAST ALONG THE SAID NORTH LINE
280.44 FEET;THENCE SOUTH 00°28'40"EAST 817.24 FEET;THENCE SOUTH 88°29'26"WEST
491.80 FEET TO THE TRUE POINT OF BEGINNING.
AND
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4
EAST OF THE WILLAMETTE MERIDIAN,IN KING COUNIT,WASHINGTON;THENCE,ALONG
THE SECTION LINE,SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH,PARALLEL TO THE
EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST,PARALLEL TO
THE SOUTH LINE OF SAID SECTION 35, 1291.29 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE
NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 87°54'40"WEST,ALONG THE SAID NORTH LINE,808.85 FEET;THENCE
SOUTH,PARALLEL TO THE EAST LINE OF SAID SECTION,804.24 FEET;THENCE NORTH
88°29'26"EAST 808.60 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE SOUTH 27.50 FEET THEREOF.
Storm Water Easement and Maintenance Agreement
Page 6 of 8
TRACT A:
THE SOUTH 27.50 FEET OF THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4
EAST,W.M.,RECORDS OF KING COUNTY,WASHINGTON;TH.ENCE ALONG THE SECTION
LINE SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID
SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST PARALLEL TO THE SOUTH LINE OF
SAID SECTION 35 A DISTANCE OF 1291.29 FEET TO THE TRUE PLACE OF BEGINNING;THENCE
NORTH PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE NORTH LINE OF
THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 35,AS THE SAME IS NOW
BOUNDED AND FENCED ON THE GROUND;THENCE NORTH 87'54'40"EAST ALONG THE SAID
NORTH LINE 204.50 FEET;THENCE NORTH 88°25'24"EAST ALONG THE SAID NORTH LINE
280.44 FEET;THENCE SOUTH 00°28'40"EAST 817.24 FEET;THENCE SOUTH 88°29'26"WEST
491.80 FEET TO THE TRUE POINT OF BEGINNING.
AND
THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION.35,TOWNSHIP 22 NORTH,RANGE 4
EAST OF THE WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON;THENCE,ALONG
THE SECTION LINE,SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH,PARALLEL TO THE
EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST,PARALLEL TO
THE SOUTH LINE OF SAID SECTION 35, 1291.29 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE
NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35;
THENCE SOUTH 87°54'40"WEST,ALONG THE SAID NORTH LINE,808.85 FEET;THENCE
SOUTH,PARALLEL TO THE EAST LINE OF SAID SECTION,804.24 FEET;THENCE NORTH
88°29'26"EAST 808.60 FEET TO THE TRUE POINT OF BEGINNING.
Storm Water Easement and Maintenance Agreement
Page 7 of 8
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