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Home My WebLink About202400819000488 SEMA Parcel 9360000170 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-1 of 8 Record Date:8/19/2024 2:16 PM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY HELEN HUANG,DEPUTY Return Address: City of Auburn 108 City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. STORMWATER EASEMENT AND MAINTENANCE AGREEMENT Reference#(if applicable): N/A Grantor/Borrower: Buffalo Canyon LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S36 T22N R4E Assessor's Tax Parcel ID#(s): 9360000170 In consideration of the mutual covenants contained herein and for other valuable consideration, this easement and agreement are made and entered into this 1 L%i1" day of 1 ,tChf1A0 ,?(:) .5 , by and between the City of Auburn, a municipal corporation of the Sthte of Washington, (the "CITY")and Buffalo Canyon 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 FAC21-0016, Mountain Container Trading ("Project"). The Private Stormwater Facilities include, but are not limited to,the following storm water elements: • Detention Vault • Control Structure(within detention vault) • Catch Basins • Water Quality Structure: Modular Wetland SystemTM • Energy Dissipation: Dispersal Trench FAC21-0016 SWEMA Page l of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-2 of 8 Record Date:8/19/2024 2:16 PM King County,WA 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. 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. 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. FAC21-0016 SWEMA Page 2 of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-3 of 8 Record Date:8/19/2024 2:16 PM King County,WA 3.2 Clean-un 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. 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. FAC21-0016 SWEMA Page 3 of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-4 of 8 Record Date:8/19/2024 2:16 PM King County,WA 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. 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 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. The PROPERTY OWNER shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by the PROPERTY OWNER or on the PROPERTY OWNER's behalf associated with any maintenance by the PROPERTY OWNER or related to storm water runoff, spills, and debris originating from the public right of way, and 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 for injuries and damages caused by the sole negligence of the CITY. However, should a court of competent jurisdiction determine that RCW 4.24.115 applies, then the PROPERTY OWNER agrees to defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless to the maximum extent permitted thereunder. It is further specifically and expressly understood that the indemnification provided herein constitutes the PROPERTY OWNER's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. FAC21-0016 S WEMA Page 4 of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-5 of 8 Record Date:8/19/2024 2:16 PM King County,WA EXECUTED as of the date first written above. D elop s Authorized Signature Developer's Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that _ \( 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 tIT .instrument and Acknowledge as the Vv\, ,( of 1-- ek ni,k7 a limited liability company,to be the free and voluntary act of such party for e uses and purposes mentioned in the instrument. Dated 2—I \Z.. .`/.w.r �+'ytt, : Notary Public in and for the State of Washington ° Comm.des My '', """ COw_ x LOA � .� Residing at Mamh 23,2024 a My appointment expires-fin L.�fi , Le- . •(na No.158587 ^. r� AWAS" o��►�� iti FAC21-0016 SWEMA Page 5 of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-6 of 8 Record Date:8/19/2024 2:16 PM King County,WA CITY OF AUBURN --Tim Carlaw, City of Auburn, Storm Utility Engineer Date STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that TIM CARLAW is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the STORM UTILITY ENGINEER of the CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 11 ZLj 1{ ', v 1 17 1.6°:94:41'at% 1, A -4 ' �' �' + Notary Public in and for the State of Washington 1'r" 9 ‘;‘ '�g.?�•�,�� Residing at tiY"1.1 CI71M�1 ///Drt� WAs�'►�' �,$''' My appointment ex Sires '\/ FAC2I-0016 SWEMA Page 6 of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-7 of 8 Record Date:8/19/2024 2:16 PM King County,WA EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATION IN THE COUNTY OF KING, STATE OF WASHINGTON,AND IS DESCRIBED AS FOLLOWS: TRACT 27, WHITE RIVER VALLEY HOME TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE(S) 17, RECORDS OF KING COUNTY, WASHINGTON. LESS ROAD AND; LESS THE NORTH 93 FEET OF THE WEST 124 FEET THEREOF. FAC21-0016 SWEMA Page 7 of 8 Instrument Number: 20240819000488 Document:EAS Rec: $310.50 Page-8 of 8 Record Date:8/19/2024 2:16 PM King County,WA ` EXHIBIT B 1-80' FLOW DISPERSAL TRENCH— V PUMP I STATION NEW UNDERGROUND— " — -WATER DETENTION VAULT N\ QUALITY OONPERW DA Y� ) U i VAULT j FLOW CONTROL ) N• STRUCTURE CATCH BASIN 1(TYP.) E z 0 n U m Lf— CONVEYANC 0 _ PROPOSED PIPE (TYP.) o JIL PROPERTY ce rllllllll' BOUNDARY PUBLIC STORM i EXISTING J .- PROPERTY NTH 5 I IiCt I NW -,• �. = BOUNDARY.----- �.._ FIIe:P:\21000s\21339\exhibit\21339—SWEMA EXHIBIT.dwg Date/Time:12/15/2022 10:57 AM JAMES FLEHARTY SCALE: For JOB NUMBER HORIZONTAL 1 =80 VERTICAL N/A MOUNTAIN CONTAINER TRADING 21339 -_ Barghausen Consulting Engineers,Inc. Tltle: SHEET - 18215 72nd Avenue South Kent,WA98032 EXHIBIT B 425.251.6222 barghausen.com 1 of 1 (DRAWNJDF !CHECKED IA DATE i2� 22 , r � DESIGNED KED ADW PPROVED CRJ , FAC21-0016 SWEMA Page 8 of 8