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Home My WebLink About20171005000349 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 N\.1 -31 -11 -S 10ci Return i f . City of Aubur, City Clerk 20171005000349 25 West Main Auburn, WA 98001 EASEMENT Rec: 3154.00 1015/2017 10:22 AM \ �?^v KING COUNTY,WA tIRST AMERICAN W I 54 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 15-0014 Reference#(if applicable): N/A Grantor/Borrower: WCSS Lakeland Hills 'A' ST Storage LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW `A S31 - T2 I N - R5E, WM Assessor's Tax Parcel ID#: 665500-0014, 665500-0015 THIS EASEMENT AND AGREEMENT made and entered into this JG i1' day of TM I , , 2017, by and between the City of Auburn, a municipal corporation of the /State of Washington, hereinafter referred to as "CITY" and WCSS Lakeland Hills 'A' ST Storage, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Lakeland Hills 'A' Street Storage located at 4424 'A' ST SE, 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 FAC15-0014 Storm\Vater Easement and Maintenance Agreement =,id documents were filed of Page 1 of 7 .,:cord as an accomodation only. has not been examined as to EXCISE T X N. T REQ !RED -pe execution or as to its ipct noon title King •. r t rds ivision By ' AvnitarutY WHEREAS, the parties arc 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 construction records for the City of Auburn under Permit No. FAC15-0014, 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 July 20, 2015 w/Revision 2 dated 3/29/16 and approved as part of Permit No. FAC 15-0014 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 it; 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 Ices 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. FACI5-0014 Storm Water Easement and Maintenance Agreement Page 2 of 7 The Storm System Includes the following BMP's: • Detention Pond • Control Structure • Catch Basins • Wetpond 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. • Alm attrgiie 7/0:20 Owner Date STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify I have known or have satisfactory evidence that DREW BOWLDS 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 acknowledge as the GOVERNOR of WCSS LAKELAND HILLS 'A' STREET STORAGE, LLC a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 4c241/17, Dated 1/9 AA" (>"ye ola 111?„ p - Notary Public^in�and for the State of Washington �s "up 4% = Residing al MAA e r CD c.rt f N hq /4 1). %%%%m%%w• .$1/4 My appointment expires 'I,, FtOF W ,s- FAC15-0014 Storm Water Easement and Maintenance Agreement Page 3 of 7 CITY OF AUBURN ci _ T. Carlaw, Storm Drainage nginer Date STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Tim Carlaw is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the STORM DRAINAGE ENGINEER of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 11,417- "Ft1 L. o bi -14,A./&,NSG . try GI y� 6: -C% Notary Public in and for the,State of Washington ', --?Ai/.: 4 frolic, s Residing at PccA to L&.n+'- c ,, .i9_1 2 = My appointment expires ft/(9/19 1f �i O 'una%a.• �� _ �iht i*ASVOCI., MAR/tib FAC15-0014 Storm Water Easement and Maintenance Agreement Page 4 of 7 EXHIBIT 'A' LEGAL DESCRIPTION Lot 2 and 3, City of Auburn Short Plat No. SPL06-0008, Recorded under King County Recording NO. 20070425900002, Records of King County, State of Washington. FAC L5-0014 Storm Water Easement and Maintenance Agreement Page 5 of 7 EXHIBIT `B' LOT 2 ECOSTORM .41-L, KO MH t T2FLOW S 89D9 56 E il 1.----- 204.29' ----------- '11 , I9 7 ;111 i .. LOT 2 Id ® sI W,1 I w o ; o RE iEN11GtJ ' vi r_, o F I =I ��.. GALLERY I 11.rit; is r_'r_--_T$ S 89D9'56 E -------------. L 1 I SITE EXHIBIT B k 1-=50' FAC15-0014 Storm Water Easement and Maintenance Agreement Page 6 of 7 EXHIBIT 'B' LOT 3 . W T i Ca, IYP.7 • . , I f-- Qi 205.47. 8-",-'4-- fl -�- s 89'09'56" E Ts1 Ir'r" f;rJ r a G = 11'25'23' �' ! � r; P,EfE1mCN ( R = 965.00' t f r��CaLLCRY L = 196.36' ai r� r.rt 0003 l w � 93 i f rrr, ' 1 f rrr1 LOT 3 a Ir 1 w rFr ig LO . � r�r al i r i irrNr0 rrrrjr a ROW— furry CON'hYuaCE j SPU ITER ;----4----__, PIPING r I t CCOSTORIA -a....-y WO AIH 0 j I S 6909'56E 04EREL0'N 226.98' 0016 A SITE EXHIBIT B k 1 =50 FACI5-0014 Storm Water Easement and Maintenance Agreement Page 7 of 7