HomeMy WebLinkAboutSWEMA 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
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Residing at C0
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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