HomeMy WebLinkAbout20200723000578 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Instrument Number: 20200723000578 Document:AG Rec: $110.50 Page-1 of 8
Record Date:7/23/2020 11:56 AM
Electronically Recorded King County, WA N l'23/2-11
(-+O c?)
•
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
STORMWATER EASEMENT AND MAINTENANCE AGREEMENT
L GRA17-0004
Reference#(if applicable): N/A
Grantor/Borrower: PENINSULA TRUCK LINES,INC
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: NE 1341-04
Assessor's Tax Parcel ID#(s): 1321049002,1221049030,1321049082
In consideration of the mutual covenants contained herein and for oth valuable
conside tion, this easement and agreement are made and entered into this day of
�J ,2020,by and between the City of Auburn,a municipal corporation of
the State dWashington, (the "CITY") and Peninsula Truck Lines , (the "PROPERTY
OWNER"and collectively,the"PARTIES").
1. STORMWATER EASEMENT
The Project is located at the Real Property described in Exhibit "A" and depicted in
Exhibit"B"
PROPERTY OWNER has constructed private facilities to manage stormwater runoff
("Private Stormwater Facilities") as depicted on the As-Built Plans, Stormwater Site
Plan, and Final Storm Drainage Report associated with GRA17-0004 Peninsula Truck
Lines North Lot Paving ("Project"). The Private Stormwater Facilities include,but are
not limited to,the following storm water elements:
• Modular Detention Chambers RECORDING REQUESTED BY
MIST AMERICAN TITLE COMPANY
• Control Structure AS AN ACCOMMODATION ONLY
• Catch Basins
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 1 of 8
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001
Above this line reserved for recording information.
STORMWATER EASEMENT AND MAINTENANCE AGREEMENT
GRA17-0004
Reference#(if applicable): N/A
Grantor/Borrower: PENINSULA TRUCK LINES, INC
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: NE 13-21-04
Assessor's Tax Parcel ID#(s): 1321049002, 1221049030, 1321049082
In consideration of the mutual covenants contained herein and for oth valuable
consideTtion, this easement and agreement are made and entered into this day of
, 2020,by and between the City of Auburn, a municipal corporation of
the State Washington, (the "CITY") and Peninsula Truck Lines , (the "PROPERTY
OWNER" and collectively,the"PARTIES").
1. STORMWATER EASEMENT
The Project is located at the Real Property described in Exhibit "A" and depicted in
Exhibit"B"
PROPERTY OWNER has constructed private facilities to manage stormwater runoff
("Private Stormwater Facilities") as depicted on the As-Built Plans, Stormwater Site
Plan, and Final Storm Drainage Report associated with GRA17-0004 Peninsula Truck
Lines North Lot Paving ("Project"). The Private Stormwater Facilities include, but are
not limited to,the following storm water elements:
• Modular Detention Chambers REQUESTED BY
P`IR8T AMERICAN TITLE COMPANY
• Control Structure AS AN ACCOMMODATION ONLY
• Catch Basins
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 1 of 8
PROPERTY OWNER agrees to provide a non-exclusive easement ("Stormwater
Easement"), legally described in Exhibit"A"and depicted in Exhibit"B", to the CITY
for access, inspection, and maintenance for the purposes of this Agreement, over, under
and on the Real Property, and on that portion of the property containing Private
Stormwater Facilities. This easement shall be a burden to the Real Property and shall be
a benefit to the City Storm Drainage Utility System.
2. MAINTENANCE
The PROPERTY OWNER agrees to maintain the Private Stormwater Facilities in
accordance with the Auburn City Code, including the City of Auburn Surface Water
Management Manual, and Project As-Built Plans, Stormwater Site Plan (including
Appendix A- Maintenance and Operations Manual), and Final Storm Drainage Report.
The PROPERTY OWNER agrees to allow the CITY to enter the Real Property for the
limited purpose of inspecting the Private Stormwater Facilities, including authorizing
the City to utilize any necessary equipment to perform such inspections. The CITY will
notify the PROPERTY OWNER in writing of any necessary maintenance. If the
PROPERTY OWNER fails to maintain the Private Stormwater Facilities after being
notified by the CITY, the PROPERTY OWNER agrees the CITY may enter onto the
Real Property 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 but at no time will the City have any
ownership interest in the Real Property. The PROPERTY OWNER agrees to reimburse
the CITY for the costs incurred by the CITY in maintaining the Private Stormwater
Facilities. 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. The City's sole
obligation in the event of any damage, relocation, or disruption of the Easement Area,
its employees, contractors, or agents shall be to re-establish existing grades and provide
for adequate site stabilization.
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 2 of 8
3. POLLUTION
3.1 Hazardous Substances Defined
As used herein, the term "Hazardous Substances" means any hazardous, toxic,
chemical, or dangerous substance, pollutant, contaminant, waste or material,
including petroleum, which is regulated under any federal, state, or local statute,
ordinance, rule, regulation or common law relating to chemical management,
environmental protection,contamination,or cleanup including,without limitation,the
Comprehensive Environmental Response, Compensation, the Liability Act of 1980
and as later amended, and the Resource Conservation and Recovery Act as amended.
3.2 Clean-up
In the event of the presence of Hazardous Substances on the Real Property caused by
any person or entity other than the City, the PROPERTY OWNER shall, at its own
cost, undertake immediate response as required by law, including,but not limited to,
reporting to appropriate agencies, and shall notify the CITY as soon as reasonably
possible. The PROPERTY OWNER will pursue enforcement of all required
remediation and cleanup efforts until they are completed and the cleanup and/or
remediation has been approved by appropriate governmental agencies. The PARTIES
agree that such clean-up requirements are consistent with 42 U.S.C. § 9607 and
Chapter 70.105D RCW.
In the event that a spill of Hazardous Substances from the Real Property crosses the
public right-of-way, the PROPERTY OWNER will, at its own cost, undertake
immediate response as required by law, including, but not limited to, reporting to
appropriate agencies, and will notify the CITY as soon as reasonably possible, and
will pursue enforcement of all required remediation and cleanup efforts until they are
completed and the cleanup and/or remediation has been approved by appropriate
governmental agencies.
If the PROPERTY OWNER does not pursue and complete cleanup and/or
remediation, the City may purse those actions and the PROPERTY OWNER will
reimburse the City for all associated costs.
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 3 of 8
4. GENERAL PROVISIONS
4.1 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.
4.2 Covenant Running With Land
This easements and the covenants shall be a covenant running with the land and shall
inure to the benefit of and be binding in perpetuity on any recorded owner of the Real
Property until such time as this Agreement is vacated or replaced by mutual agreement
of the parties.
4.3 Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be
deemed to be an original,but all of which,together, shall constitute one and the same
instrument..
4.4 Heirs, Successors and Assigns
This easement and the covenants is binding upon, and inures to the benefit of, the
CITY and the PROPERTY OWNER and their respective successors, heirs,
administrators, and assigns. 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.
4.5 Indemnity
The CITY agrees to hold harmless the PROPERTY OWNER, its officers, agents and
employees from any damages, claims, or costs associated with any damages, claims
or costs arising out of this Agreement,except those arising out of the gross negligence
or intentional misconduct of the PROPERTY OWNER, or those arising out of the
PROPERTY OWNER's failure to provide maintenance, repair, and clean-up in
accordance with this agreement.
PROPERTY OWNER agrees to hold harmless the CITY, its officers, agents and
employees from any damages, claims, costs associated with any maintenance by the
PROPERTY OWNER and with storm water runoff,spills,and debris originating from
the public right of way,or for which a third party may be liable,that enters the Private
Stormwater Facilities from the public way, and any other damages, claims or costs
arising out of this Agreement, except those arising out of the gross negligence or
intentional misconduct of the CITY.
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 4 of 8
EXECUTED as of the date first written ab ve.
/ ,
Authorized Signature
Authorized Signature
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Doug hi S L. Fpd-t 1j
and is/are the person(s) who appeared before me,
and sai. I erson(s) acknowledged that he/she/they signed this instrument and on oath stated
that 0.,he/they was/were iS authorized to execute the instrument as the
1114na i n9 f)1C,�bet- and
of A D6 Ass"ocia-fl°S' 1-1-C , a corporation, and acknowledged it to be
that party's free and voluntary act for the uses and purposes mentioned in the instrument.
Dated 1411e /2I 2020
. •C
rc' - �A Y`2 °N�';u,= Notary Public in and for the State of Washington
�':ic) i. r"co: E Residing at ..reit-/--He WA
..r. PUBt.\rd ,z 2 My appointment expires 67 -05-- 202.3
,,'',,,OF WAs��0`‘�
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 5 of 8
CITY OF AUBURN
u�a� ✓' 7//2 o
t3' g
Jacob Sw ting, En ine&
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 \ 2 (�
\\N Yrk 6 'NkkvViwN,
0A Sy h
Jr* 4,11,
+oTM` _ Z�,� Notary Public in d f`or�hp State of Washington
' Residing at 1VikY kJ‘ c (.)
182954 1
wV���► My appointment expires 1 -k
7�O.09 Z� Az
O� (J
l's,,'k Nw*s 48.
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 6 of 8
EXHIBIT A
LEGAL DESCRIPTION
REVISED PARCEL A, CITY OF AUBURN BOUNDARY LINE ELIMINATION NO.
BLA17-0001 RECORDED UNDER KING COUNTY RECORDING NUMBER
20190828000672 IN THE SOUTHEAST QUARTER OF SECTION 12 AND IN THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST,
W.M.,
SITUATE IN THE CITY OF AUBURN, KING COUNTY,WASHINGTON.
GRA17-0004 STORM WATER EASEMENT and MAINTENANCE AGREEMENT
ENG-105,Revised 4/2020
Page 7 of 8
Existing Water Conve ante
' ' i Facility (Area Drain
Point of and Pipes)
Puhiic C to Proposed Vent.Pipe
ystem
Existing
Force
Main = -
r
•Proposed Vent Pipe
it t
Conveyance(Flow Control
Manhole and Pipes) Buried Modular Stormwater
•, Storage System
Existing Pump Station
L Overflow Point of
Discharge to
Public System
Property Boundary(TYP)
N
d
t
o N
m W
cs)
100 0 100
Legend 6th Street Northwest Feet
Existing Gravity Storm Pipe
Operations and Maintenance Exhibit
Existing Force Main Storm Pipe
Existing Inlet Peninsula Truck Lines North Lot Improvements
Existing Water Quality Facility
701 6th Street NW, Auburn, Washington
Proposed Storm Pipe
• Proposed Inlet G EO E N G I N E E RS�
Proposed Stormwater Storage System
Exhibit B
: yr� a�� p° g ys
ENG-105,Revised 4/2020
Page 8 of 8