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Home My WebLink About20250530000275, Stormwater Easement & Maintenance Agreement, FAC22-0014Instrument Number: 20250530000275 Document:AG Rec: S310.50 Page-1 of 8 Record Date:5/30/2025 8:49 AM Electronically Recorded King County, WA 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 FAC22-0014 Reference # (if applicable): N/A Grantor/Borrower: AREC 1, LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: NW 19-21-05 Assessor's Tax Parcel ID#(s): 192105-9175 hi consideration of the mutual covenants contained herein and for other valuable consideration, this easement and agreement are made and entered into this ItA— day of !V_?A01% btr , 2a 2 S , by and between the City of Auburn, a municipal corporation of the State of Washington, (the "CITY") and AREC 1, 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 FAC22-0014 U-Haul Redevelopment Project ("Project"). The Private Stormwater Facilities include, but are not limited to, the following storm water elements: • Underground Chamber Infiltration System • Overflow Outlet Structure • Catch Basins • Enhanced Water Quality Treatment Structure ENG-105, Revised 10/2021 Page 1 of 8 Instrument Number: 20250530000275 Document:AG Rec: S310.50 Page-2 of 8 Record Date:5/30/2025 8:49 AM 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 ENG-105, Revised 10/2021 Page 2 of 8 Instrument Number: 20250530000275 Document:AG Rec: S310.50 Page-3 of 8 Record Date:5/30/2025 8:49 AM King County, WA 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-uD 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 Acknowlediament 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 Runnina 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 ENG-105, Revised 10/2021 Page 3 of 8 Instrument Number: 20250530000275 Document:AG Rec: $310.50 Page-4 of 8 Record Date:5/30/2025 8:49 AM King County, WA 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 Assisns 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. ENG-105, Revised 10/2021 Page 4 of 8 Instrument Number: 20250530000275 Document:AG Rec: S310.50 Page-5 of 8 Record Date:5/30/2025 8:49 AM King County, WA EXECUTED as of the date first written above. „s � I ""Developer's Authorized Signature Developer's Authorized Signature ARIZONA STATE OF ) t c0f >Pc) ss COUNTY OF 1CM) I certify I have known or have satisfactory evidence that L/ ,.- h�t F P-)r LCc 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 Presidf,n+ of `11.o , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (�I r� ry vALErein—c. R�it:iRIGUEZ Dated NOTARY PUBLIC ARIZONA MAHICOPA COUNTY COMMISSION d"rR �rdnni,,.,iraN #6244I9 KO'COMMISSION EXPIRES ^' «.2a2G Notary Public in and for the State of Wash m per ►) Ci Residing at Mn.hropet tour) My appointment expires ENG-105, Revised 10/2021 Page 5 of 8 Instrument Number: 20250530000275 Document:AG Rec: 5310.50 Page-6 of 8 Record Date:5/30/2025 8:49 AM King County, WA 577-4 —Tim Carlaw, City of Auburn Storm Utility Engineer STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Date 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 o b :�'I t,/r. rl Aaww'h Notary Public in a d for the State of Washington Residing at .- My appointment expires ENG-105, Revised 10/2021 Page 6 of 8 Instrument Number: 20250530000275 Document:AG Rec: S310.50 Page-7 of 8 Record Date:5/30/2025 8:49 AM King County, WA PARCEL DESCRIPTION PARCEL A: 192105-9175 LOTS 1 AND 2 OF CITY OF AUBURN SHORT PLAT NO. SP-19-80, ACCORDING TO SHORT PLAT RECORDED JANUARY 29, 1981 UNDER RECORDING NUMBER 8101290279, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN, RECORDED MARCH 12, 1981 UNDER RECORDING NO. 8103120485; (BEING KNOWN AS LOT A OF LOT LINE ADJUSTMENT NO. LLA-01-0010 UNDER RECORDING NUMBER 20010418001413.) PARCEL B: 192105-9062 LOT 3 OF CITY OF AUBURN SHORT PLAT NO. SP-19-80, ACCORDING TO SHORT PLAT RECORDED JANUARY 29,1981 UNDER RECORDING NUMBER 8101290279, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN RECORDED MARCH 12, 1981 UNDER RECORDING NUMBER 8103120485; ALSO EXCEPT THAT PORTION CONVEYED TO LESLIE B. SCHWAB, ET UX, RECORDED OCTOBER 01, 1987 UNDER RECORDING NUMBER 8710010837; (BEING KNOWN AS A PORTION OF LOT LINE ADJUSTMENT NO. LLA-21-87, RECORDED SEPTEMBER 04, 1987 UNDER RECORDING NUMBER 8709040525. 11 M I I 0111M Page 7 of 8 Instrument Number: 20250530000275 Document:AG Rec: S310.50 Page-8 of 8 Record Date:5/30/2025 8:49 AM King County, WA UNDERGROUND INFILTRATION CHAMBER FACILITY ",&N- OVERFLOW STORM CONNECTION TO AUBURN WAY SOUTH ROOF DRAINS CONNECT TO PARKING COLLECTION SYSTEM � h ' WATER QUALITY FILTER �. h STRUCTURE 1,4 M �3 GRAPHIC SCALE 0 40 80 160 N 1" = 80 FEET Page 8 of 8