HomeMy WebLinkAbout20171009000602 Storm Water Easement and Maintenance Agreement Return Address: _
CCity of Au
ity Clerkburn I Ili1 11111 1111 IIIII HIII' I25
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'Auburn,`WAn98001 20171009000602
EASEMENT Rec:$154.00
1019/20172,54 PM
''11 KING COUNTY,WA
FIRST AMERICAN\W V �1 i�
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Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
Reference#(if applicable): N/A
Grantor/Borrower: PLAN'A' DEVELOPMENT, LLC
Grantee/Assignee/Beneficiary: CITY OF AUBURN
Legal Description/STR: NE of SE % Sb3-T21-R4E
Assessor's Tax Parcel ID#: 781500-0030
A THIS EASEMENT AND AGREEMENT made and entered into this q r day of
,� , •
2017, by and between the City of Auburn, a municipal corporation
of the State of Washington, hereinafter referred to as "CITY" and
PLAN 'A' DEVELOPMENT, LLC hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of improvements for TREK APARTMENTS located at 2 E Main St,
Auburn WA, 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
FAC13-0010 Storm Water Easement and Maintenance Agreement ;aid documents were filed of
Page 1 of 7 .,.':ord as an accomodativn oily
-as not been e:.ar pined i.-
? ... execution or as to ..._.
EXCISE TAX n�; ,,Y=bide
i�w,� gad 3 i<a5:;'�ti� c"1;°L'�
•. .i Division
By Purl
I<a,
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 Project No. FAC 13-0010, 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 7, 2013 and approved as part of Project No. FAC13-0010 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 impact(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.
FAC13-0010 Storm Water Easement and Maintenance Agreement
Page 2 of 7
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 Storm System Includes the following BMP's:
• Detention vault
• Control Structure
• Catch Basins
FAC13-0010 Storm Water Easement and Maintenance Agreement
Page 3 of 7
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.
SIGNATORY- LLC
��
DATED this day of i I ' 1117
V', horized Signature
1 orized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have known or have satisfa4 ry evidence that b1WLk <� �
i are the person(s) who appeared before me, and
0said person(s) acknowledged that h she/they signed this instrument on oath stated that
he/she/they was/were authorized to execute the instrument and acknowledge as the
i of ?Letti tc c/ - 1- \iX
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated Lq S 1`1
ibilik 0 P‘
./ Notary Public
State of Washington Uw
ELISE LEFEBEXP % NotaryPublic in and for the State of ashin ton
' MY COMMISSION EXPIRES g
06/15/2020 ; Residing atmPS
"` •.,.,�•.�.. My appointment expires i i /1 2010
f
FAC13-0010 Storm Water Easement and Maintenance Agreement
Page 4 of 7
I
CITY OF AUBURN
A:r7 .C....-6„....e.m.........-
// 2 /<it
m Carlaw, Storm Drainage Engine r Date
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Tim Carlaw 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
STORM DRAINAGE 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 7/°28/1/
11.
er:AILON4....---...
1j r; I
_TV��/. +0144/op �4 I k �1J4 , E
Z e Notary Public in and for th tate of Washington
410. Q = 11 Residing at 1-'c2Ace uN
u/ % >*Os Oci9 z= My appointment expires i lil? 1�
411,1 OP WAS`t*4 •`�
MAB/tib
FAC13-0010 Storm Water Easement and Maintenance Agreement
Page 5 of 7
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
LOT 1 AND THE EAST 17 FEET 10 INCHES OF LOT 2,BLOCK 1,TOWN OF SLAUGH i ER,ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,WASHINGTON.
PARCEL B;
THE WEST 42 FEET 2 INCHES OF LOT 2,BLOCK 1,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,WASHINGTON.
PARCEL C:
THE EAST HALF OF LOT 3,AND THE EAST 20 FEET 11 INCHES OF THE WEST HALF OF LOT 3,BLOCK 1,
TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE
(S)56,IN KING COUNTY,WASHINGTON.
PARCEL D:
THE WEST 9 FEET 1 INCH OF LOT 3,AND ALL OF LOT 4,BLOCK 1,TOWN OF SLAUGH I Eh,ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,
WASH INGTON,
PARCEL E:
LOTS 5 AND 6,BLOCK 1,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 2 OF PLATS.PAGE(S)56, IN KING COUNTY,WASHINGTON.
PARCEL F:
THE WEST 45 FEET OF LOT 7,BLOCK 1,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,WASHINGTON.
FAC13-0010 Storm Water Easement and Maintenance Agreement
Page 6 of 7
EXHIBIT B
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