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Home My WebLink About20171005000407 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 1":-1w - '` 1 - - oS 109 Return Address: -111111 I I I 11111111.11.111- I. �I City of Auburn 20171005000407 City Clerk EASEMENT Rec: 5154.00 25 West Main 10!512017 10:35 AM Auburn,WA 98001 KING COUNTY, WA C� IIS`l FIRST AMERICAN )\0✓/leS?\ Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 14-0002 Reference # (if applicable): N/A Grantor/Borrower: Vitaliy V. and Irina Soltys Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 'A S-31, T- 22N, R- SE Assessor's Tax Parcel ID #: 936000-0205 THIS EASEMENT AND AGREEMENT made and entered into this day of M 11-it C-5 , 2017, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and VITALLY V. and IRINA SOLTYS hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Euro Food & Deli located at 113 - 49`h St NE, Auburn, WA 98002, which create impervious surface; and WHEREAS, the PROPERTY OWNER and the CITY desire that the elements of a 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 Storni Water Easement and Maintenance Agreement S=id documents were filed of Page 1 of 7 record as an accomedatie nn`, It has not been examin:.rt proper execution or at: a v. EXCISE TAX NOT REQUIRED f;'ct upon title King Co ty rds 'vision BY De uty April Branham WHEREAS, the parties are both desirous of permitting inspection of the storm management plan elements to make certain that they arc 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 I, 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 construction records for the City of Auburn under Permit No. FAC14-0002, 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, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. 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 November 20, 2016 and approved as part of Permit No. FAC14-0002 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 fees and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the Storm Water Easement and Maintenance Agreement Page 2 of 7 PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. The Storm System Includes the following BMP's: • Pervious Pavement • Catch Basins Storm Water Easement and Maintenance Agreement Page 3 of 7 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. EXECUTED as of the date first written above. 2 .1.751ALIY V. SOLTYS Date • /erf vt-ael. 11777— 3i /l 7 IRINA SOLTYS Date STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Y. SDI S and a t Y1V4 I- C are the persons who ap'peared before e, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purpioses mentione • 'nstrument. J NOTARY PUBLIC Dated 3/ZCo/I STATE OF WASHINGTON CHERYL M. FLETCHER Ccrrnic n Expires April 29.2017 NotaryyPPublic,in and for the State of Washington Residing at My appointment expires `–I its Storm Water Easement and Maintenance Agreement Page 4 of 7 • CITY OF AUBURN ]_�%� s/,y/,7 Tim Carlaw, Storm Drainage 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 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 Sh9A4- r ! / ``��xxvfl,\ ll /�\\\ \A`nn, I A. '84.k- ygNotary Public in and for the State of Wa hington Residing at 'c.eheP_ My appointment expires e t Il q( / er 1Ii WAS%4$0 Storm Water Easement and Maintenance Agreement Page 5of7 • Exhibit A THAT PORTION OF TRACT 32, WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLAT, PAGE 17, IN KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF STATE ROAD No. 5 (AUBURN WAY NORTH) AND LYING SOUTI-IERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE NORTHWEST CORNER OF TRACT 31 OF SAID PLAT: THENCE SOUTH 01°58'00" WEST, ALONG THE WEST LINE OF SAID TRACT, A DISTANCE OF 673.57 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE: THENCE SOUTH 88°02'00" EAST A DISTANCE OF 115 FEET; THENCE SOUTH 0I°58'00" WEST A DISTANCE OF 70 FEET; THENCE SOUTH 88°02'00" EAST A DISTANCE OF 230.45 FEET TO THE WESTERLY LINE OF PRIMARY STATE HIGHWAY No. 5 AND THE TERMINUS OF THE HEREIN DESCRIBED LINE; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 8002140857. Storm Water Easement and Maintenance Agreement Page 6 of 7 EXHIBIT B I ONSITE STORM SYSTEM hti a O''� DOWN \Si ;PO/ SPOUT . ?2 PG p 6"C.O. w3. X3.5' P C !rLc' a�.cj v3 no-° ;,o` �1i%,t�2 ��,T 90 %P+ o \S V� 1,c) I a� a;l>0r . v +'tj, 'E ✓ oaa1N 7(. r,, mac. :0-M, psi;tO N ria ppVEMGLO'( 12.5' 7,�, ppPK1N o v�b le tiP q9 \NtrI 49-Wk J�. ccucc c.) R/VI .N Q,0“-- NTK Q______---t----- o R W ! I SCALE: 1 inch = 50 IL. 5p 0 25 50 ( IN FEET ) DATE (/25/17 SCALE 1,._50 > _ tv. GEODETIC VW 13AU61 ,...../A1 % SURVEYING SERVICES ROW � i-' P.O. BOX 133 DRAWN EY -l-.r:► MUKILTEO, WA R _.,..i..-._. c. 98275-0133 98275-0133 APPROVED R`� 5 CODE 1 PHONE: (425) 299-1739 SHEET ,_Of _I G C Storm Water Easement and Maintenance Agreement Page 7 of 7