HomeMy WebLinkAbout20240328000776, Stormwater Easement and Maintenance Agreement, FAC19-0010Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -1 of 8
Record Date:3/28/2024 3:21 PM
Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY FERGUSON, 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
Reference # (if applicable):
FAC19-0010
Grantor/Borrower:
Dimension Townhouses, LLC
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
Section07 - T 21N — R 05E
Assessor's Tax Parcel ID# s :
000100-0101
In consideration of the mutual covenants contained herein and for other valuable
consideration, this easement and agreement are made and entered into this 7th day of
January 2021 , by and between the City of Auburn, a municipal
corporation of the State of Washington, (the "CITY") and Dimension Townhouses, LLC ,
(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 FAC 19-0010 M St Townhomes
("Project"). The Private Stormwater Facilities include, but are not limited to, the
following storm water elements:
• Infiltration trenches
• Catch Basins
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
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -2 of 8
Record Date:3/28/2024 3:21 PM King County, WA
Stormwater Facilities. This easement shall be a burden to the Real Property and shall be
a benefit to the City Storm Drainage Utility System.
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 perforin 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
FAC19-0010 M St Townhomes Stormwater Easement and Maintenance Agreement
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -3 of 8
Record Date:3/28/2024 3:21 PM King County, WA
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.
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 aclaiowledges 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
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -4 of 8
Record Date:3/28/2024 3:21 PM King County, WA
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.
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.
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -5 of 8
Record Date:3/28/2024 3:21 I'M King County, WA
EXECUTED as of the date first written above.
Developer's Authorized. Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING
I certify I have known or have satisfactory evidence that
is the person who appeared before rue, and said person acknowledged that they signed this
instrument on oath stated that they were authorized to execute the instrument as the
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated V3) � 7, 6 2
Notary SUNEET D[WAN
I c
PUblic
State of Washington Notary Public in and for the State of Washington
CorTimission # 15002-7]
S, I , 2022 Residing at
2
My Comm. Expires Sep 21, 2022
My appointment expires cl LL VZ�;4� 2—
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -6 of 8
Record Date:3/28/2024 3:21 PM King County, WA
CITY OF AUBURN
/-�
1 l !
Jacob Sweeti g, City Pfigineer 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 parry for
the uses and purposes mentioned in this instrument.
Dated .
Notary Public in adz f,
Residing at �
My appointment expires
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -7 of 8
Record Date:3/28/2024 3:21 PM King County, WA
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY AND EASEMENT
LOT 4, CITY OF AUBURN SHORT PLAT NO. SP -17-76, AS RECORDED UNDER
RECORDING NUMBER. 7702090493, RECORDSOF KING COUNTY,
WASHINGTON;
EXCEPT THAT PORTION, IF ANY, LYING EASTERLY OF THE WESTERLY
MARGIN OF "M" STREET N.E., AS CONVEYED BY DEED RECORDED UNDER
RECORDING NO. 6148988;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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Instrument Number: 20240328000776 Document:EAS Rec: 5310.50 Page -8 of 8
Record Date:3/28/2024 3:21 I'M King County, WA
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