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Home My WebLink About20171005000705 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 Nw — of,- at - oS - - - ��, IIIIIIIIII1illlllillll►IIII IIIIIM IIIII IIIIIIIIIIIII 20171005000705 Return Address: EASEMENT Rec: $154.00 City of Auburn 10/5/2017 11:56 AM City Clerk KING COUNTY,WA 25 West Main Auburn.WA 98001 ( :4) I v�Z`�y\J r� EXCISE AX OT REQUIRED FIRST AMERICAN Kin Co. ords Division j I , By , Deputy Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 15-0007 Reference it(if applicable): N/A Grantor/Borrower: CenterPoint Auburn LLC said documents were filed of Grantee/Assignee/Beneficiary: CITY OF AUBURN "cord as an accomodation only, t has not been examined as to Legal Description/STR: S6, T21-N, R5-E proper execution oras to its Assessor's Tax Parcel IDK: 00(1400-0031 'r(I:ct upon title qq THIS EASEMENT AND AGREEMENT made and entered into this pt� day of JL. , 2016, by and between the City of Auburn, a municipal corporation of King C unty, Washington, hereinafter referred to as "CITY" and CenterPoint Auburn, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Federal Express Parking Lot Expansion located at parcel 000400-0031, which create impervious surftce; and WHEREAS, the PROPERTY OWNER and the CITY desire that the elements of the storm management plan be implemented and maintained to provide adequate performance for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of storm system elements, it is necessary to have appropriate right-of-way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and WHEREAS, 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; and \WHEREAS, an easement is needed to bring in maintenance equipment; and Storm Water Easement and Maintenance Agreement Page 1 of 7 K2 WHEREAS, the parties are both desirous of permitting inspection of the storm management plan elements to make certain that they are functioning properly and for purposes of determining the appropriate repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Section 1, EASEMENT PROPERTY OWNER hereby provides a non-exclusive easement to the City for access, inspection, and maintenance for the purposes of this Agreement, over, under and on that real estate described in Exhibit "A" and depicted in Exhibit "B" and on that portion of the property as showing on the approved Record Drawings revised pursuant to constniction records for the City of Auburn under Permit No. FAC15-0007, which record drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden to that real estate which is legally described and depicted attached as Exhibit "A" & 'B" and incorporated herein by this reference, and shall be a benefit to the City Storm Drainage Utility System. Section 2, HEI RS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of' the parties. Storm Water Easement and Maintenance Agreement Page 2 of 7 Section 3, MAINTENANCE The PROPERTY OWNER agrees to maintain the storm system in accordance with the ordinances and all applicable codes of the CITY and the Maintenance and Operation Manual included as "Appendix A" in the approved Stormwater Site Plan Report dated 9/17/2015 and approved as part of Permit No. FAC15-0007 and incorporated herein by this reference as if set out in full. The PROPERTY OWNER does hereby agree that the CITY may enter onto the property of the PROPERTY OWNER via the easement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY may enter onto the property of PROPERTY OWNER via the easement described above 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. In both events the PROPERTY OWNER agrees to reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. Should the CITY incur attorney's lees 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 Storm System Includes the following BMP's: • Underground Detention System (Stormtech Chambers) • Control Structure • Catch Basins • Modular Wetland System Section 4, 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. Storm \Vater Easement and Maintenance Agreement Page 3 of 7 r/ SIGNATORY - LLC DATED this p2 / 7 day of ar c,)L , 201 . ��i't�'et- C. t3sca !."',,u',i3 - -4 • lure eraNig r end 1 e Auth ized Signature Michael Tortorici Senior Vice President,Treasurer STATE OF QSS ssv1 ) ) ss COUNTY OF ,-,1/4-Pa-ft ) I certify I have known or have satisfactory evidence that 1 C , L-40.,s_c a 0. nd•-nV cJn o.-s-l. .ib xu.c�.� 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 V L,ex. and LL-,ja tick. ��5 as bs V, a cs�1 ti of C eutsicLuy-70`.1--C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: /Q`1 I Ito `.IZ Notary Public in and for the State of yLCt.n_isi-A Residing at Co 7 3,t1) Ls a_t, 3 ber& s L €r I L My appointment expires 7/361 t g OFFICIAL SEAL RITA MARCINKOWSKI NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:07/30/18 Storm Water Easement and Maintenance Agreement Page 4 of 7 CITY OF AUBURN Carlaw, Storm Drainage Et{ginelr 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 belbre me, and said person acknowledged that lie signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the STORM DRAINAGE 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 g/52,MP ```..,,,\\```"`‘i,,, .LMA l/� i. Bu < 1. tom' i A. 4,N,� 't Notary Public.i d for the S e of Washincton m3 Residing at ] uU1Cp LouN- N- �0t�' 2 = My appointment expires /1 /17 X19/ .11, ;WASN .. PAC 15-0007 SAS/tib Storm Water Basement and Maintenance Agreement Page 5 of 7 Exhibit A Legal Description THAT PORTION OF THE HARVEY H. JONES DONATION LAND CLAIM NO. 39, SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 1,487.34 FEET OF THE NORTH 2,286.76 FEET OF SAID CLAIM; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID CLAIM 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID PARALLEL LINE 420 FEET; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID CLAIM 264 FEET; THENCE SOUTHERLY PARALLEL TO THE \VEST LINE OF SAID CLAIM 420 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID CLAIM 264 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE SOUTH 170 FEET AS MEASURED PARALLEL WITH THE NORTH LINE OF SAID DONATION CLAIM; AND EXCEPT THE EASTERLY 5 FEET FOR STREET PURPOSES CONVEYED TO THE CITY OF AUBURN BY NEED RECORDED UNDER RECORDING NO. 6379500. Storm Water Easement and Maintenance Agreement Page 6 of 7 Exhibit B 1'=70' I :; I i E. } I _�l roe 41 TYPE , (—CB!2 TYPE I sToRM TECH 1° N DETENTION TAW iil ' \ , i ,, _ - . ; i r I a-- J ri�iiw.isSiG I \ t \ ' �i _ •.ir$La � 1 I j ' Vy -cBCITYPEI ,.—C8 IMI - 1 i . ' g4 STORM TECM� • tl DETENION TANI( ,i :a•4v=Q ... e.. 1�_ s4 l f�i � an __,,..„ f71( I f L.,, .. I I \\ 4'X8' MODULAR IJII 7; WETLAND SYSTEM • \ ` R11 • Storm Water Easement and Maintenance Agreement Page 7 of 7