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HomeMy WebLinkAbout20170306000842 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 030617 I ] 0• 9 5 - 3o _a% -S DI;FIRST'AMERICAN UV 1V � III 1111 11111111111 1111111 FIRST'AMERICAN \,i3D\ 6\ 20170306000842 Return Address: FIRST0AMERICAN7EAS 152.00 City of Auburn 03/06/2017 13:57 City Clerk KING COUNTY, WA 25 West Main Auburn.WA 98001 EXCISE TAX NOT REQUIRED King County Records Division BY`PlaYeQlina; Deputy Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 15-0006 Reference# (if applicable): Grantor/Borrower: CNB PROPERTIES, LLC 'aid documents were filed of ecord as an accomodation only. Grantee/Assignee/Beneficiary: CITY OF AUBURN it has not been examined es to Legal Description/STR: 30-2IN-05E proper execution or as to its offect upon title Assessor's Tax Parcel ID#: 302105-9039 THIS EASEMENT.AND AGREEMENT made and entered into this j day of r-lMvuae y,o2O1 , 2-016;by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and CNB Properties, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for DAA Auto Storage Yards located at 3330 D.Street 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 FAC 15-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9039 Page I of 6 V- Z 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 "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. FAC 15-0006, 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" and "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 14, 2016 and approved as part of Permit No. FAC1S-0006 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 PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. FAC15-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9039 Page 2 of 6 THE STORM SYSTEM INCLUDES THE FOLLOWING BMP'S: Detention Ponds, Control Structures, Catch Basins, Storm Filters, Swales, and Other Appurtenances. 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. • �,c _ /L4,7 Auth . ed Signature Date STATE OF WASHINGTON ) ) ss COUNTY OF KING I certify I havekn�oz have satisfactory evidence that 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 \ of \ a limited liability company, to be the free and voluntary act of such party for the uses and�p trposes mentioned in the instrument. Dated Notary Public in and for the State of Washington Residing at the, My appointment expires FAC15-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9039 Page 3 of 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of (Ph ) On r e i ', ZD/4 before me, fige2171AL„! Inet/o a Notary Public in and for said State, personally appeared, 's-" 15151)06 who proved to me on the basis of satisfactory evidence to be the person(si whose nam: arP/are subscribed to the within instrument and acknowled ed to me thl /she/they executed the same in 4 er/their authorized capacity4iesj"and that b hi /her/their signature{s)'on the instrument the person4sror the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,..� .4%,�`' MERRITTANN:TRIANO -��/,��y//// `� Comm.#2005378 ,,, Signature /Gfif) Seal W• .& Notary Public•California Pi g (Seal) r,egA/ EI Dorado County .,,�',;•1�Comm.Expires Jan 27,2017 CITY OF AUBURN —'�✓ '/7�'�/7 -Tim Carlaw, Storm Drainage Enginee 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 I/i e I I (61-C.5.1112Adu .04 i ~ z ' • v = O Notary Public.lnand for the Stat of Was ngton •'s pu©" ej o Residing at 7't,AJx Co �c... 4•-•-/ /z �'e 4111�„ �� My appointment expires ! f/I 7/77 glpe OF\` I MAB/tlb File: 1417 FACI5-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9039 Page 4 of 6 EXHIBIT A—LEGAL DESCRIPTION EAST PARCEL 302105-9039 THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. FAC15-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9039 Page 5 of 6 EXHIBIT B NOTE: DUE TO THE SMALL SCALE OF EXHIBIT B REFER TO THE APPROVED RECORD DRAWINGS FAC15-0006 DAA AUTO STORAGE YARDS FOR LAYOUT OF ONSITE STORM FACILITIES. IGI • _. GRAPHIC SCALE 0 250 500 1000 (IN FEET) 1 INCH = 500 FT AUBURN AUTO STORAGE YARDS AUBURN,WA r e \ 1 STORM WATER EASEMENT AND EX "B' MAINTENANCE AGREEMENT .016,512134 1-500' 11/4/2016 FAC15-0006 Storm Water Easement and Maintenance Agreement Parcel #302105-9039 Page 6 of 6