The URL can be used to link to this page

Home My WebLink About20100204000187 STORMWATER DRAINAGE EASEMENT AND AGREEMENT 111009Return Address: 414111111gIq1111ppIIII VInIIIII I^III11 IIII IItlNNI11II NN C Aub Well Are=, VIA 98001 20100204000187 20100204000187 s 131,00 PACIFIC aF 000 02/cMaiii 'a KING COUNTY NO Abo.re the I1ee twrved for mwrdas Nmnnai RTORMWATT.R DRAINAGE EASEMENT AND AGREENIKNFI' EACO&W25~(J( Refmmced(IrapPliuabl): N/A Grznmr/6o~eower. Auburn Regional Medical Center, Inc. Omn,WArelgraelarnafiuary. City aAUbxa 4ga11]gcfip,ioN59R'. NE, U, 813, P 21 N,RCE Arsmroeh TU Pawl Nil: Oi9300-0390,0092000306 .,~rJ 3qo~. z THIS STORM DRAINAGE EASEMENT AND AGREEMENT (this 'Ageremeni is made as of 0(fflDIB_. 10_.. 2ai between Auburn Regional Medical Canter, Inc., a corporation ('Grantee'), and the City of Auburn, a Washington municipal corporation ('City), (collectively, the'Parl- RECITALS A. Grantor is the owner of the real properly legally described in Exhibit A and depicted in Exhibit 8, which are attached to, and by this reference made a part of, this Agreement Greotols Properly'). B. Grantor owns a stonowater quality treatment system (the 'Phil Stormwater System') located on Grantors Property depicted in Exhibit 8 and Exhibit C. C. Grantor has agreed to provide a combined system wherein the moot( Emma portion of the sidewalk on 'N St NW, which is outside Grantor's Property, receives water quality treatment in the Private Stormwater System. D. Stormwaterfrom the sidewalk as mentioned above drains to the Private Stormwater System through surface sheet flow. E Frontage Improvements and the Private Stormwater System were constructed under City of Auburn FAC Permit If FAC08-0025, Grading Permit #GRA08-0028, and Storm Permit # Stroll 199. SWS r i•.a,n rr 'Y'lL - OP1NW"'u`orznmma s ARAIC Or i ore EXCISE TAX N/OJj'Ty~JRq,EQ,tU IXI_B~D By 1(J6A" elbutty F. Guenter and City wish to set forth their agreements regarding the Stormwater Easement, Maintenance of the Private Stormwater System, and related matters. NOW, THEREFORE, In consideration of the foregoing and of the mutual agreement of the Parties to the terms and conditions hereinafter contained, Grantor and City agree as follows: 1. Stormwater Easement. 11. Grant of Easement. Grantorconveys to City the nonexclusive easement, depicted in Exhibit B and Exhibit C attached and by this reference made a part hereof, (the 'Stormwater Easement') to convey surface water naturally deposited on the above-described portion of sidewalk on 'A' St. NW by sheet flow from sold sidewalk 0 the Pni Stormwater System. 1.2. Stormwa System. 1.2.1. Grantor will maintain the Private Stormwater System in compliance with City of Auburn Design and Construction Standards and this Agreement to meet the requirements of the City's storm drainage manual for water quality treatment. 1 22. If the Private Stormwater System, or stomrvuater drainage pipes and catch basins as per approved construction plans is found to be in nonconformance with such plans, Grantor shall be required to corect all such nonconformances as directed by the City. If after proper notice, Granter does not comply with set requirements as directed by the City, then the City shall have the authority 0 correct such nomm~tornances and bill Granter, or Grantors successor-in-interest, for all reasonable costs. Any delinquent payments shall constitute a Ilen as fixed by ACC 13.66.360. 13. Maintenance of StomiwaterFacilities. Grantor will mamteN the Private Stormwater System, and all portions of the stormwater pipes and catch basins located in the Stormwater Easement from the last structure with in City Right-of-Way to the private Stormwater System. 1.4. CitvAcces and RiMto Mai in. City shall have a night of ingress and egress to access the Private Stormwater System and the Grantors stofmwater pipes and catch basins, in Grantor a Property as described in Exhibit A and depicted in Exhibit B. r wAiEB DMMAOE FASEMEN I.NAGK5uVWr ARMC 2ct Z Cost Reimbursement 2.1. Reimbursement. In consideration of Grantor's choice to provide water quality treatment of a porion of 'A' St. NW drainage in Grantors Private Stormwater System rather than in a separate City facility, Grantor agrees to pay all was associated with conatrudion and maintenance of the Private Stormwater System. 3. Poll 3.1. Clem-0o. In the event of a spill of Hazardous Substances from the a portion of the sidewalk on 'A' St. NW onto the Grantor's properly, City will undertake immadlme responea as required by law, including, but not limited to, reporting to appmpdam agencies, and will notify the owners of any portion of the Gmtrtors Property at the addresses provided to the City as soon as reasonably possible, and pursue enforcement of all required remediatbn and deartup offods until they are completed and the cleanup and/or remediatlon has been approved by appropriate governmental agencies. In any event, City shall not be responsible for any Hazardous Substances on Grantees Property which did not originate in or on the portion of sidewalk on'A' SL NW. This agreement does not remove the City's ability to seek restitution from any perennial or business responsible for a spill in the City 's Right-of-Way, 32. 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 deal statute, crdinandi, rule, regulation, or common law relating to chemical management, environmental protedlon, contamination, or cleanup including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended, the Resource Conservation and Recover Act as amended, AaW OFMWRER ORANAGE Wffive .AeRFOVFx1 3 C2 4. Mediation Cots and AAilicable Law 4A. The Parties shall make good faith efforts to resolve by informal discussion any dispute arising under or in connection with this Agreement. If at any time either Party to this Agreement determines that such Informal discussions will not result in a resolution of the dispute, such Party may request formal discussion by both Parties, If formal discussion by the Parties does not resolve the dispute, the Parties may agree to hold a settlement conference within thirty (30) days of the unsuccessful resolution meeting. The settlement conference will behold bill Seattle office of Judicial Arbitration and Mediation Services, Inc ('JAMS"). The complaining Party must contact JAMS to schedule the conference. The Parties may agree on a retired judge from the JAMS panel. If they are unable to agree, JAMS will provide a list of three available judges and each Party may strike one. The remaining judge will serve as the mediator at the settlement conference. 4.2. In the event of litgation or other legal action to enforce any rights, responsibilities or obligations under this Agreement, me prevailing parties shall be entitled to receive its reasonable costs and attorneys fees. 4.3, This Agreement and the rights of the parties hereunder shall be governed by and interpreted In accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County. Washington. 5. Covenant Running Whh Land. This Agreement shall be a covenant running with the land and shall be binding in perpetuity on any record owner of the Grantor's property and the portion of sidewalk on 'N St. NW draining to the Private Stormwater System and shall benefit any record owner of the portion of sidewalk on 'A' St NW draining to the Private Stormwater System until such Gme as this Agreement is vacated or replaced by mutual agreement of the parties. e. Counterpane. 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. Successors and Ass rm. This Agreement is binding upon, and inures to the benefit of, City and Grantor and their respectlve successors, heirs, adminlstraters and assigns. There are no further terns. The parties execute this Agreement as of LI A/m1x2 10 2008. AUBURN REGIONAL MEDICAL CITYOFAUBURN CENTER, INC. (a Washington municipal corporation) (a Corporation) by pie 3I_ by 7-.G- •rh°~°p ~t(~I'Ke$I(.~un rfcn ~n rl4L~ ~p Its Its Approved Fenn Approved: ` by City Attorney, City of Auburn AReC9rORMWATER OeArvAee LArEWENTm ncaearn.+r 5 ore MEWA SEEWr IOF? 2 WM DESCRIPflW PARCEL A AND B OF MAT UM OF AUBURN BOUNDARY UNE ADaUSTUENT MOUNDED UNDER RECORDING NUMBER 2XFNIlEOWI6, RECORDS OF ONE COUNW,, LUNG MMIN ME SOUTHEAST WARIER CE ME NORTHEAST QUARTER W SECPCN 13, TOWNSHIP 21 NORM, RANEE 4 EA4, I N N IN ME CRY W AUBURN, ONG COUN91 WASHINGTON. 6 'C8 EGHKT B SHM 2 OF 2~ WE MAP _ _ sessrssw _ _ _ sa we.w' qm BIP~f NN ~ # r IN.eY ~ ]0' EXHIBHC III P.f~.A y edfaamvaM (KAaaaop GI~~ mMl mm®oouc '~s~lg G.. M~ 2n HIC SCAM # °0 caia tI ®i 1 mxn - ea ri e eerc~ I m, rwo A - - MIC 0I BIAHSI N1! A av0 su~agv 1000 W VA. BBYI mmmww me253~m -0- I` JOB NO. 200&-M EXHIBIT C t 7 : 1 --Rik I I I I I I I I I L I:- FYI I I I 1 I - - - - - - - - - - -