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Home My WebLink AboutSWEMA to COA REC 20220113001767Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -1 of 8 Record Date:1/13/2022 4:59 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY ANTHONY TAYLOR, DEPUTY 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 Grantor. Valley Regional Fire Authority, A Washington Municipal Corporation Grantee: City of Auburn, A Washington Municipal Corporation QSTR: SW -7-21-5 Assessor's Tax Parcel ID#(s): 745992-0010 Abbreviated Legal: Lt 1, RPM -Auburn; Vol 126/84-85 (Full Legal Exhibit A) In consideration of the mutual covenants contained herein and for other valuable consideration, this easement and agreement are made and entered into this J13th day of Januar 2022 , by and between the City of Auburn, a municipal corporation of the State of Washington, (the "CITY") and Valley Regional Fire Authority, (the "PROPERTY OWNER" and collectively, the "PARTIES"). 1. STORMWATER EASEMENT This easement and maintenance agreement applies to the Real Property described in Exhibit "A" and depicted in Exhibit "B" Private Stormwater Facilities on the Real Property include, but are not limited to, the following storm water elements: • Detention Pipe • Control Structure • Catch Basins • Oil/Water Separator 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. NCS —1095715 1STAMG) Instrument Number: 20220113001767 Document:EAS Rec: S210.50 Page -2 of 8 Record Date:1/13/2022 4:59 PM King County, WA 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. 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. 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. Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -3 of 8 Record Date:1/13/2022 4:59 PM King County, WA 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 Assi ns 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. Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -4 of 8 Record Date:1/13/2022 4:59 PM King County, WA 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. [REMUNDER OF THE PAGE INTENTIONALL Y LEFT BLANK] Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -5 of 8 Record Date:1/13/2022 4:59 PM King County, WA VALLEY REGIONAL FIRE AUTHORITY, a Washington Municipal Corporation. Brad Thompson, Fire Chief Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that �K`cza ^•C1n and -is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the IF\of \e l F thar�tv�, a Washington Municipal Corporation, to be the free and'volutitary act of such party for the uses and purposes mentioned in the instrument. Dated C) • 2b 22 ,'-4, 0 E N y ►l, < OTA RA Z 11P` i � Notary Public in and for the State of Washington 207102 N-{ Residing at C0 y '% ' S. �q iyz/ My appointment expir6s-j FJ • O q • 3 P t""'g`Z�y WAS H Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -6 of 8 Record Date:1/13/2022 4:59 PM King County, WA CITY OF AUBURN, a Washington Municipal Corporation, . j. ancy Ba s, Mayor Date STATE OF WASHINGTON ) ) ss. County of Y1 W1 ) The undersigned Notary Public hereby certifies: That on this day of 3AN , 20 '22 s personally anneared before me arltr dl�d (name), LW (title), to me known to be the individual(s) described in and who execu ed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of _Ot SIV . I(Yi In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Np►H SCh,�'��i OTAp z, 202199 V//, 9 "' 9 ' �'`/ .: ,1'tf OF WASH\x -Z- -/AV"jLrPV-0 Notary Public 'n and �for e State of Washington, Residing at Hy W )Lh A WA My commission expires qs- IA -11 Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -7 of 8 Record Date:1/13/2022 4:59 PM King County, WA EXHIBIT A Stormwater Easement and Maintenance Agreement Legal Description LOT 1, RPM -AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 126 OF PLATS AT PAGES 84 AND 85, RECORDS OF KING COUNTY WASHINGTON. EXCEPT THE EASTERLY 5.50 FEET THEREOF CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING NUMBER 20211228000600 Instrument Number: 20220113001767 Document:EAS Rec: 5210.50 Page -8 of 8 Record Date:1/13/2022 4:59 PM King County, WA EXHIBIT B Depiction of Stormwater Easement and Maintenance Agreement 08011 864 SD it TPN 745992-0010 1101 D ST NE it= 11 - O lPM�U$Ua4 -a5 VOL -126, QG5. 4A C8#8 CITY OFAUBURN PUBLIC WORKS DEPARTMENT 25 WEST MAIN - AUnURN, WA 10 Uj z w F -- 1w ORA'INS INTO CITY STORM SYSTEM AT CS'S 609-036 AND 609-036 CATCH BASIN TABLE f C1301 Q 60.0778 c8:f2 ■ W-0308 C60 ■ 609 -OM3 CBJr9 ■ GO.0182 CB f 3 ■ 609.0529 C 8 - 6".0781 0847 GD9.0780 C6lfG = 049.0779 OW)11. 609-0804 'I SCALE. 1 "= 70 rl5E'T 0 35 70 140 EXHIBIT »g„ STORMWATER EASEMENTAND MAINTENANCE AGREEMENT DEPICTION