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HomeMy WebLinkAbout000723000579 STORMWATER EASEMENT AND MAINTENANCE AGREEMENT Instrument Number: 20200723000579 Document:AG Rec: $112.50 Page-1 of 10 Record Date:7/23/2020 11:56 AM Electronically Recorded King County, WA • 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 0.3 FAC19-0015 Reference# (if applicable): N/A Grantor/Borrower: AUBURN SCHOOL DISTRICT#408 Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SE'/4 Section—Section 19—Township—21N—Range 5E Assessor's Tax Parcel ID#(s): 1921059054,1921059282, 1921059190, 1921059037 Inconsideration of the mutual covenants contained herein and for other valuable con ider tion, this easementnr` and agreement are made and entered into this 1 day of V 2JY U, by and between the CITY OF AUBURN, a municipal corporation f the State of Washington, (the "CITY") and AUBURN SCHOOL DISTRICT #408, (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 FAC19-0015 PIONEER ELEMENTARY SCHOOL ("Project"). The Private Stormwater Facilities include,but are not limited to,the following storm water elements: RECORDING REQUESTED BY • Infiltration Chambers FIRST AMEICAN TITLE COMPANY • Control Structure AS ANACCOMOOATIONONLY • Catch Basins FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 1 of 10 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 C9 FAC19-0015 Reference # (if applicable): N/A Grantor/Borrower: AUBURN SCHOOL DISTRICT #408 Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SE '/4 Section—Section 19—Township—21N—Range 5E Assessor's Tax Parcel ID#(s): 1921059054, 1921059282, 1921059190, 1921059037 In consideration of the mutual covenants contained herein and for other valuable consideration, this easement and agreement are made and entered into this 1 day of , LO-O , by and between the CITY OF AUBURN, a municipal corporation f the State of Washington, (the "CITY") and AUBURN SCHOOL DISTRICT #408, (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 stonnwater runoff ("Private Stonnwater Facilities") as depicted on the As-Built Plans, Stonnwater Site Plan, and Final Storm Drainage Report associated with FAC19-0015 PIONEER ELEMENTARY SCHOOL ("Project"). The Private Stonnwater Facilities include, but are not limited to,the following storm water elements: qiC• Infiltration Chambers �,' �4:- , • Control Structure • Catch Basins FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105, Revised 4/2020 Page 1 of 10 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. PROPERTY OWNER has constructed public storm facilities intended to treat stormwater runoff from the public right-of-way before it enters the Private Stormwater Facilities,as depicted by the Project As-Built Plans, Stormwater Site Plan,or Final Storm Drainage Report. The Public Storm Treatment Facilities include, but are not limited to, the following: • Oil/Water Separator PROPERTY OWNER agrees to allow stormwater runoff from the public right-of-way to be managed by the Private Stormwater Facilities in accordance with the Project As- Built Plans, Stormwater Site Plan, or Final Storm Drainage Report. 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. FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 2 of 10 PROPERTY OWNER agrees to maintain, repair, and replace the Public Storm Treatment Facilities intended to treat stormwater runoff from the public right-of-way before it enters the Private Stormwater Facilities as depicted by the Project As-Built Plans, Stormwater Site Plan, or Final Storm Drainage Report. PROPERTY OWNER agrees to maintain the vaned grate openings in the sag areas (on K ST. SE from 24th ST. SE to 23rd ST. SE) to be clear of trash, debris, and other material that may impede flow into the catch basins located on K ST. SE. PROPERTY OWNER agrees that it will install additional catch basins or other corrective measures if ponding and puddling occurs at the vaned grates in the sag areas of K ST. SE. This work would be required as part of 1-year warranty work, or if beyond the 1-year warranty, as part of a separate permit or FAC. 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. FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 3 of 10 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. 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. FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 4 of 10 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. FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 5 of 10 IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s) this \ day of Sun e- , 2020. AUBURN SCHOOL DISTRICT NO. #408, a municipal corporation of the State of Washington /1 / /// /// , U 11 AN SPICCIATI Date Superintendent STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that NGtl1 SPtGG 1 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. \\\\\\\\\\\\\\ ‘‘..Ymk, •fr l� 511/1j1 H.•rrna+'1 �!c4gst0f4 4, � F+'y9'y o4 �°T'4R,.' , t \ ly - YMa�'1 'u 202574 " Notary Public n and forte State of Washington j ' ,� W A 'a, A�81-�° a 0? = Residing at �pn�ne � (k‘ 41'29.??�' = My appointment expires al • awl• G /,IIIID 1jWASH`���``� FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 6 of 10 CITY OF AUBURN a/..,714/6„/ Z; '7/7 Z 7 Jacob Sw tingCity En inee D te 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 J V W) ( 2.0--t U „,..\\‘‘‘..‘‘‘‘,11,1 t:\Air\ V W i c \(\i V\i'd\,') ' ?OT4,p�4% Z Notary Public an`d f�r^the t to of Washington co11-1 182954 *, Residing at 1u V lam( 0� "�,���,�?O0 s My appointment expires /Y 'L1,i\. 9i ICI 21'� A-W FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 7 of 10 • EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY AND EASEMENT PARCEL I: The north half of the southeast half of the southwest quarter of the southeast quarter, and the southeast half of the northeast quarter of the southwest quarter of the southeast quarter. All in Section 19, Township 21 North, Range 5 E.W.M; Except that portion beginning at the southwest corner of the north half of the south half of said subdivision; thence north 0°14'37" east along the west line of said subdivision 397.81 feet to the true point of beginning; thence continuing north 0°14'37' east along the west line of said subdivision 83.41 feet; thence north 89°39'45" east 208.71 feet; thence south 0°14'37" west 83.41 feet; thence south 89°39'45" west 208.71 feet to the true point of beginning; Also except that portion beginning at the southwest corner of the north half of the south half of said subdivision; thence north 0°14'37" east along the west line of said subdivision 272.50 feet to the true point of beginning; thence continue north 0°14'37" east along the west line of said subdivision 125.31 feet; thence north 89°39'45" east 208.71 feet; thence south 0°14'37" west 125.31 feet; thence south 89°39'45" west 208.71 feet to the true point of beginning; Also except roads. PARCEL II: That portion of the east half of the southwest quarter of the southeast quarter of Section 19, Township 21 North, Range 5 East, W.M., in King County, Washington described as follows: Beginning at the southwest corner of the north half of the south half of said subdivision; thence north 0°14'37" east along the west line of said subdivision 397.81 feet to the true point of beginning; thence continuing north 0°14'37" east along the west line of said subdivision 83.41 feet; thence north 89°39'45" east 208.71 feet; thence south 0°14'37" west 83.41 feet; thence south 89°39'45" west 208.71 feet to the true point of beginning; FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 8 of 10 Except the west 20 feet thereof conveyed to the City of Auburn for street purposes by deed recorded under Auditor's File No. 5104654. PARCEL III: That portion of the east half of the southwest quarter of the southeast quarter of Section 19, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the southwest corner of the north half of the south half of said subdivision; thence north 0°14'37" east along the west line of said subdivision 272.50 feet to the true point of beginning; thence continue north 0°14'37" east along the west line of subdivision 125.31 feet; thence north 89°39'45" east 208.71 feet; thence south 0°14'37" west 125.31 feet; thence south 89°39'45" west 208.71 feet to the true point of beginning; EXCEPT the west 20 feet thereof conveyed to the city of Auburn for street by deed recorded under Recording Number 5104654. PARCEL IV: The East 274.04 feet as measured along the South line of the South half(1/2) of the Southeast quarter(1/4) of the Southwest Quarter(1/4) of the Southeast quarter(1/4). Except the South 30 feet for the road; All in Section 19, Township 21 North, Range 5 East, W.M. in King County Except the East 30 feet for road, in King County, State of Washington. FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA ENG-105,Revised 4/2020 Page 9 of 10 EXHIBIT B OPERATION AND MAINTENANCE EXHIBIT INFILTRATION TRENCH INFILTRATION TRENCH W/STORMTECH CHAMBERS I W/STORMTECH CHAMBERS I L__ I 1 1 j j lin 1 Lii 1 , _ r 41141----i . _ ..11 -0-- , 1 • ,Ijilr 1 , • r ® 1 L_ I •= • - 6, 1,11 1 1 / ` • 1 1 /I 1 4 ri,r---1 /Ai r 4, �- I - r— i * L 1 PIPES & CATCH BASINS i 1 TYPICAL ;NI L _ 1 I1 INFILTRATION TRENCH � AA1 W/STORMTECH CHAMBERS liii' _''-/ OIL WATER SEPARATOR `l ' 0 2215 North 30th Stroo'.. Suite 300. 0 75 150 1 aroma.WA 98403 O 2533832422 TFt PIONEER ELEMENTARY SCHOOL ©00 253.3831572 FAX 1" = 150 FEET 2301 M ST SE, AUBURN, WA 98002 FAC19-0015 PIONEER ELEMENTARY SCHOOL SWE&MA Page 10 of 10