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Home My WebLink About20200723000577 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Instrument Number: 20200723000577 Document:AG Rec: $108.50 Page-1 of 6 Record Date:7/23/2020 11:56 AM ��-21— Electronically Recorded King County, WA S� P;OD) 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 FAC17-0014 l Reference#(if applicable): N/A Grantor/Borrower: Mental Health Housing Foundation Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 1/4—SE'4 S 13—T 21N—R 4E Assessor's Tax Parcel ID#: 391500-0484 3\1THIS EASEMENT AND AGREEMENT made and entered into this 1 day of 1 ,2020,by and between the City of Auburn,a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Mental Health Housing Foundation,hereinafter referred to as"PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Auburn,Homestead located at 103 D 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 FAC 17-0014 Auburn Homestead Storm Water Easement and Maintenance Agreement Page 1 of 6 RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY 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 c_o FAC17-0014 Reference#(if applicable): N/A Grantor/Borrower: Mental Health Housing Foundation Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW '/—SE ''A S 13—T 21N—R 4E Assessor's Tax Parcel ID#: 391500-0484 THIS EASEMENT AND AGREEMENT made and entered into this day of J , 2020,by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Mental Health Housing Foundation, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Auburn,Homestead located at 103 D 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 FAC17-0014 Auburn Homestead Storm Water Easement and Maintenance Agreement Page 1 of 6 RECORDING REQUESTED UY MET 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 17-0014, 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 December 20, 2018 and approved as part of Project No. FAC17-0014 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. FAC 17-0014 Auburn Homestead Storm Water Easement and Maintenance Agreement Page 2 of 6 The Storm System Includes the following BMP's: • Pervious Pavement • Catch Basins • Infiltration Trench 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. 412°41—AIAIL-- Diaa 11 -2-4 ad Owner (Date Owner Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that •,) ; Pe c fly' `-f- and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated £/l J 2020 LAB0N ,i T'hi • nn 140-rARY N•;z _ Cdr 5 1--„` N puBuc p ` Notary Public in,9nd for the State of Washington .• 0 ��'. Residing at °il> •.%. No•?,. T.�. .. My appointment expires Gs • z -z z � OF,�P `````` FAC 17 4d14I$ftHomestead Storm Water Easement and Maintenance Agreement Page 3 of 6 CITY OF AUBURN Jacob Sweeti m� 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 v i , —1 2610 sHF ��11� ` � rr� rV 1 5\\,UV, \1\ • PM S=c,S O1A,„. �"y��iy if u 82954 p' Notary Publicr1 and for the State of Washington �s�,., =p ? Residing at 1 I- \C-LA N� 10 ?-093 . 0 = My appointment expires r� li1‘‘‘‘‘‘‘‘‘` FAC17-0014 Auburn Homestead Storm Water Easement and Maintenance Agreement Page 4 of 6 EXHIBIT A LEGAL DESCRIPTION • LOTS 10, 11,AND 12,BLOCK 7.KNICKERBOCKER'S FIRST ADDITION TO THE TOWN OF AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS,PAGE 23,IN KING COUNTY,WASHINGTON; EXCEPT THE WEST 6 FEET THEREOF CONVEYED TO THE TOWN OF AUBURN BY DEED; TOGETHER WTH THAT PORTION OF VACATED D STREET SOUTHWEST FORMERLY BRANNAN STREET WHICH ATTACHED TO SAID PREMISES BY OPERATION OF LAW.CITY OF AUBURN VACATION ORDINANCE NO. 175. SITUATE IN THF CITY OF AUBURN.KING COUNTY.WASHINGTON. 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