HomeMy WebLinkAbout20200723000577 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
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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.
FAC 17-0014 Auburn Homestead Storm Water Easement and Maintenance Agreement
Page 5 of 6
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FAC17-0014 Auburn Homestead Storm Water Ease
Page 6 of 6