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Home My WebLink About20151119000229 COMP FLOORPLAIN STOR AREA EASEMENT AGREE 11/16/2015 N 4. btO 2►, us ET) gt � \ o 0/00 oairTrAN Return Address: City of Auburn City W st M in 111 I 111 1111 II II III II II II I II III II Auburn,WA 98001 20151119000229 FIRST AMERICAN EAS 81.00 PAGE-001 OF 009 11/19/2015 09:57 KING COUNTY, WA COMPENSATORY FLOODPLAIN STORAGE AREA EASEMENT AGREEMENT Grantor/Borrower: The River Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Parcel A of BLA 13-0003 Rec.No 201440514900005 en.r rn t .q fi} ci'{ feet•r_- _-, _...n„-„--'�" ; ,1,,: .p' Assessor's Tax Parcel ID#: 062105-9002 Auburn Permit#: FDP14-0001 It ha- re;mir.:d erflgr-w%^CUi30r1 oC aas lz it-e,41;;;,.; 10arut nr+ THIS COMPENSATORY FLOODPLAIN STORAGE AREA EASEMENT AGREEMENT(the "Agreement") is made effective this /LTNday of No✓sn+ksr,2-°IS by and between THE RIVER,a California general partnership, hereinafter referred to as"GRANTOR", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as the"CITY" and/or "GRANTEE". WHEREAS, the GRANTOR is owner in fee simple of certain real property located in the City of Auburn, King County, Washington, legally described on Exhibit `A' attached hereto and incorporated herein by reference,which property is intended to be subject to this Agreement and burdened by this Agreement (the "Subject Property"); WHEREAS, the GRANTOR has applied for and received a City of Auburn Floodplain Development Permit No. FDP14-0001 for construction of improvements and an associated compensatory flood storage area within a portion of the Subject Property, and said permit has been conditioned by the CITY to require GRANTOR to record a restrictive easement to ensure the continued existence of the compensatory flood storage area; WHEREAS, the GRANTOR or the representative of GRANTOR executing this Agreement has the authority to burden the Subject Property for the purpose of granting the CITY a non-exclusive Compensatory Floodplain Storage Area ("CFSA") easement with respect to a certain 100-year floodplain area legally described on Exhibit `B' and depicted in Exhibit `C' attached hereto and Compensatory Floodplain Storage Area Easement Page 1 of 5 EXCISE TAX NOT RF.01..MED IC; )o.Re.ccA s Divi cn incorporated herein by reference(the"Compensatory Floodplain Property") located on the Subject Property; WHEREAS, it is mutually agreed that this Agreement satisfies the requirements of Auburn city code 15.68.200(5). NOW, THEREFORE, the parties hereby agree as follows: 1. AUTHORITY TO BURDEN SUBJECT PROPERTY. GRANTOR is the owner in fee simple of the Subject Property referred to above and has full power and authority to burden the Subject Property with this CFSA Easement. 2. GRANT OF EASEMENT IN PERPETUITY. GRANTOR hereby grants the non-exclusive CFSA Easement set forth herein to the CITY in perpetuity and covenants that the CFSA Easement shall run with the land included in the Subject Property, legally described in Exhibit `A' attached hereto. The CFSA Easement shall burden the Subject Property and benefit the CITY and general public. 3. HEIRS, SUCCESSORS, AND ASSIGNS. The CFSA Easement shall be binding on the officers, directors, shareholders, members,partners, employees, agents, personal representatives, heirs, successors, and assigns of the parties. 4. SCOPE OF EASEMENT. The CFSA Easement granted hereunder shall allow CITY to enter upon the Subject Property for the purposes of monitoring, maintaining, preserving, and enhancing the Compensatory Floodplain Property legally described on Exhibit `B' attached hereto. GRANTOR covenants not to in any way impair or interfere with the function and use of the Compensatory Floodplain Property, and GRANTOR further covenants to take reasonable and necessary steps to prohibit construction of any structures or artificial surfaces,parking of vehicles, storage of materials, or other uses or activities that would displace storage volume for surface waters that may accumulate or flow within the Compensatory Floodplain Property. With the exception of normal vegetation maintenance, no construction or land modification activity may take place within the Compensatory Floodplain Property without the prior approval of the City of Auburn Floodplain Administrator. The CITY shall be permitted to enter on to the Subject Property at all reasonable times to monitor and maintain the Compensatory Floodplain Property. The CITY shall not unreasonably interfere with the ownership, possession, use, or enjoyment by GRANTOR or GRANTOR'S tenants of the Subject Property when entering the Subject Property to perform the permitted functions described herein. 5. PROHIBITED USES OF COMPENSATORY FLOODPLAIN PROPERTY. GRANTOR shall not undertake, nor cause to be undertaken any activity or use of the Compensatory Floodplain Property which is inconsistent with the purpose, scope, or intent of this Agreement, nor inconsistent with conveyance or storage of flood water. 6. RESERVED RIGHTS. The GRANTOR reserves to itself all rights,title, interest,and obligations incident to ownership of the Subject Property and Compensatory Floodplain Property except those Compensatory Floodplain Storage Area Easement Page 2 of 5 rights and interests expressly conveyed to the CITY hereunder and those obligations expressly undertaken by the CITY hereunder. 7. ENFORCEMENT. In the event the CITY determines that GRANTOR is in violation of the terms of this AGREEMENT, and an enforcement action is initiated, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such enforcement action, in addition to any other remedy or relief obtained. The CITY, at its option, may enter upon the Subject Property and take action to preserve and protect the Compensatory Floodplain Property, after first giving GRANTOR written notice and after GRANTOR'S failure to cure within a reasonable time which reasonable time shall not exceed 30 days after notice unless the parties agree otherwise,to protect the 100-year floodplain, and, in such case, the reasonable expenses incurred by the CITY shall be recoverable from GRANTOR if GRANTOR is found to be in violation of this Agreement. 8. NON-WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce any of its rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY of such rights or a discharge of liability for any breach by GRANTOR of the terms hereof. Nor shall any delay by the CITY in exercise or enforcement of its rights and remedies limit or impair such right or remedy, or be construed as a waiver of the CITY'S right to pursue its remedies. 9. COSTS AND LIABILITIES. Except as provided in Paragraph 4 of this Agreement above, GRANTOR retains all responsibilities and will bear all costs and liabilities of any kind related to or incidental to the ownership of the Compensatory Floodplain Property and agrees to pay all assessments and taxation(if any) against said Compensatory Floodplain Property assessed by any governmental authority as they become due. 10. HOLD HARMLESS AND INDEMNIFICATION. GRANTOR shall defend indemnify and hold the CITY harmless against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims demands or judgments. including attorney's fees, arising from any negligent or wrongful act or omission of GRANTOR or GRANTOR'S officers, licensees, agents, servants, employs, guests, invitees or visitors on or around the Subject Property or arising out of this Compensatory Floodplain Storage Area Easement Agreement. GRANTOR shall use legal counsel reasonably acceptable to the CITY in defense of any action within GRANTOR'S defense obligation. The CITY shall defend indemnify and hold GRANTOR harmless against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims demands or judgments, including attorney's fees, arising from any negligent or wrongful act or omission of the CITY or the CITY'S officers, licensees, agents, servants, employs, guests, invitees or visitors arising out of the Compensatory Floodplain Storage Area Easement Agreement. The CITY shall use legal counsel reasonably acceptable to GRANTOR in defense of any action within the CITY'S defense obligation. Compensatory Floodplain Storage Area Easement Page 3of5 11. RECORDATION. GRANTOR agrees to incorporate the terms of this Agreement in any deed, lease or other agreement which divests GRANTOR of any interest in any portion of the Subject Property. GRANTOR shall record this Agreement immediately in the Office of the King County Department of Records and Elections. 12. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 13. SEVERABILITY. If any provision of this Agreement is ruled invalid or unenforceable for any reason by a court of competent jurisdiction,the remaining provisions hereof shall remain in force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. GRANTOR: GRANTEE: THE RIVER, a California CITY OF AUBURN,a municipal gene nership corporatio By. By: ' me 1PA �l n/l a SSe/Z_ Name: Cite i S�ro�al7er T. ,'^wLev et. Title: 1\1" W 1'6% —.0I Rte..to Title. GAVItohweMfw( Senies M*s. Compensatory Floodplain Storage Area Easement Page 4 of 5 STATE OF )ss. County of I certify that I know or have satisfactory evidence that 0 EA i-J J t V•-a'ari- 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 Managing Partner of The.River,to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated California All-purpose Acknowledgment Attached Notary Public in and for the State of residing at My appointment expires STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed is My m t„ �fsk ed that he was authorized to execute the instrument and acknowledged it as o t e t y burn,to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated //76//- illar 401 rNotary Public,i and for t t residing at t expires C-% �AT My appointment O diAt 8-091‘wwar . r' hih�tt�OF`WN 'SP Compensatory Floodplain Storage Area Easement Page 5of5 EXHIBIT "B" LEGAL DESCRIPTION FOR COMPENSATORY FLOODPLAIN STORAGE AREA EASEMENT A portion of Parcel A, City of Auburn Boundary Line Adjustment 13-0003, under recording number 20140514900005, Records of King County; in Section 6, Township 21 North, Range 5 East, W.M. in King County, Washington, being more particularly described as follows: Commencing at the northwest corner of Parcel B of said BLA 13-0003; Thence along the north line of said Parcel B, S 89°23'12" E 240.14 feet to an angle point on the south line of said Parcel A; Thence S 89°23'12" E 30.97 feet; Thence N 00°16'20" E 2.75 feet to the True Point of Beginning; Thence N 00°16'20" E 57.01 feet to a point of curvature; Thence 28.98 feet along a curve to the right, with a radius of 25.00 feet, through a central angle of 66°25'19"; Thence S 00°16'20" W 80.00 feet; Thence N 89°23'12" W 15.00 feet to the True Point of Beginning; Containing an area of 1,103 sq.ft. 11// ,, ///////// See attached sketch Exhibit "C" eJ AR� r% Written by: JPC s '1 Checked by: EH s i , •- i .n A C�„�S 12507 Bel-Red Road, (5 ENGINEERS Suite 101 Bellevue,WA 98005-2500 Phone:425-637-3693 K:169-Development120121691204-River Home Mobile Parkl LegalsICPSA Easement LECAL.docv A PORTION OF SECTION. 06, TWP. 21 N., RGE. 05 E., W.M. KING COUNTY, WA MT. RAINIER ST. P ik A, 0003 ePpRK \ \. tHeR1VERM I 1 CFSA EASEMENT I I to I 0 I I vri Id I 15' , m 'r Ith --I 2.75' r /141 I S 89'23'12" E 240.14' _ —H-__ I NNW CORNER OF 30.97' POINT OF BEGINNING PARCEL B I ( I (COMMENCING POINT) I ` \ 1 2 I \\ \ pp.RGepp03 \ . PRIVATE ROAD — NN-. 13 U$�RN Gcc.i OF \ 4Imo0 20 0 _ SCALE IN FEET EXHIBIT "C" r6 CHS NGINEERS s en. „ soon :101 ” ' e COMPENSATORY FLOODPLAIN STORAGE E Off^ �9i37-3693 1"=40 AREA EASEMENT Drown by JC Project # 691204 j7- Checked by EH Date 11/04/15