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HomeMy WebLinkAbout20200604000587 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Instrument Number.20200604000587 Document:AG Rec:5212.00 Page-1 of 6 • Record Date:6/4/2020 11:11 AM Electronically Reedited King County,WA EXCISE TAX NOT REQUIRED BY KAREN GREAGOR,DEPUTY Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. O STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC18-0001 Reference#(if applicable): N/A Grantor/Borrower: AUBURN SCHOOL DISTRICT NO.408 Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SW 1/4 Section Sll-T21N-R 4E Assessor's Tax Parcel ID#: 112104-9022 � � u THIS EASEMENT AND AGREEMENT made and entered into this l1 t " flay of ,2019,by and between the City of Auburn,a municipal corporation of the State +df Washington, hereinafter referred to as "CITY" and AUBURN SCHOOL DISTRICT NO.408 hereinafter referred to as"PROPERTY OWNER". WHEREAS,PROPERTY OWNER has applied for certain permits with the CITY or the construction of improvements for the Evergreen Heights Elementary School located at 5602 South 316th 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 FAC 18-0001 Storm Water Easement and Maintenance Agreement RECORDING REQUESTED BY Page 1 of 6 RBST AMMAN TITLE COIAPANY AS AN ACCOMMODATION ONLY Svc I\ 21-y 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 FAC18-0001 Reference# (if applicable): N/A Grantor/Borrower: AUBURN SCHOOL DISTRICT NO. 408 Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SW % Section Si! - T21N -R 4E Assessor's Tax Parcel ID#: 112104-9022 IAA THIS EASEMENT AND AGREEMENT made and entered into this ltriAlay of Y , 2019, by and between the City of Auburn, a municipal corporation of the State (f Washington, hereinafter referred to as "CITY" and AUBURN SCHOOL DISTRICT NO. 408 hereinafter referred to as "PROPERTY OWNER". WHEREAS,PROPERTY OWNER has applied for certain permits with the CITY or the construction of improvements for the Evergreen Heights Elementary School located at 5602 South 316th 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 FAC18-0001 Storm Water Easement and Maintenance Agreement RECORDING REQUESTED BY Page 1 of 6 FIRST AMERICAN TITLE COMPANY AS AN ACCWPMODAT1ON 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. FAC18-0001, 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 February 14, 2018 and approved as part of Permit No. FAC18-0001 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. FAC18-0001 Storm Water Easement and Maintenance Agreement Page 2 of 6 The Storm System Includes the following BMP's: • Closed Detention System • Stormtech Chambers • Gravel Dispersion Strip and Media Filter Strip (Compost Amended Vegetated Filter Strip) • Control Structure • Catch Basins • Enhanced Biofiltration Swale 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. AUBURN SCHOOL DISTRICT NO. 408, a municipal corporatio f the State of Washington I ltit ALAN PICCIATI D ite Superintendent STATE OF WASHINGTON) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that AQun s\�G't is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Superintendent of the AUBURN SCHOOL DISTRICT NO. 408 a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated \1`\'Zs\W\ \ 111i,� HARM► ett 0 202574 y A�/d�`c. 'oz s Notary Public in and for the State of Washington '3 y'y�,, Residing at r 'VV f 1V\I A i �F ��'""""" �� My appointment expires q- 2-q • ZZ 41 OF WASE .$ '111111\\‘\‘‘•• FAC18-0001 Storm Water Easement and Maintenance Agreement Page 3 of 6 CITY OF AUBURN a-o� �� J7/0 o Jacob weetin , City E) eer Date STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jacob Sweeting 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 CITY 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 `'t 'tO\ U �A� ,un, 0%%""" COVWOR � LIT\ s)itYvi\ .11,„„„%„, -ri, I C" h� ��i Notar Public n f the Stat =Washinton r otik.j. Residing at ��Y lit � g g 182954 y Z t My appointment expires ";—— ll � 2 *Iasi Op WI►g? Q. l FAC18-0001 Storm Water Easement and Maintenance Agreement Page 4 of 6 • EXHIBIT A THE SOUTH 693 FEET OF THE WEST 663 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., EXCEPT THE SOUTH 30 FEET IN KING COUNTY, WASHINGTON FAC18-0001 Storm Water Easement and Maintenance Agreement Page 5 of 6 Exhibit B 6 Operations and Maintenance Exhibit NTS MEDIA FILTER DRAIN STORMTECH 1 1/ CHAMBER DETENTION 14, ' FLOW •L i SYSTEMS . STRUCUTRE I • • i • I � +j • •• � ' " ;,� • • 1 + 1 - ,,/ ( ---- I . , ill I, , 1 .. I '4 . I I COMPOST AMENDED ,Alk: :. • 4 ; BIOFILTRATION '(� . �'... ! I SWALE �� �' `� � CATCH BASINS AND (.,• ,.,,„\.....„,.� . i +kr \ CONVEYANCE PIPE �` f J r ;" FLOW CONTROL iii • JJIjjCjEjI ' - ;� � WETLAN • D F' SYSTEM I 1' I r (rte - MODULAR —- - WETLAND r-- --------- , --------,--- .�W - SYSTEM '+` ; +k 1 POINT OF DISCHARGE TO PUBLIC SYSTEM PROPERTY LINE(TYP) EVERGREEN HEIGHTS ELEMENTARY SCHOOL 5016 S 316TH ST AUBURN,WA FAC18-0001 Storm Water Easement and Maintenance Agreement Page 6 of 6