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Home My WebLink About20171005000490 STORM WATER EASEMENT AND MAINT AGREEMENT 100517 SC L''‘ • o g Return Address: HIl ll 'I. ii III I I Ili II it I I WI City oferk m Clerk l20171005000490 City Clerk 25 West Main EASEMENT Rec: 5155.00 Auburn. WA 98001 1015/2017 10.58 AM \\�,,ll 11 KING COUNTY,WA FIRST AMERICAN Vv` V 32S po ISS Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 15-0005 Reference# (if applicable): N/A Grantor/Borrower: RC.1, LLC & D&Z Northwest, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SI, T21-N, R4-E Assessor's Tax Parcel ID#: 158060-0230 THIS EASEMENT AND AGREEMENT made and entered into this 018 day of �La _ , 2017, by and between the City of Auburn, a municipal corporation of the State of Washington. hereinafter referred to as "CITY" and RCJ, LLC & D&Z Northwest, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Hebert B Street Lot I Building, located at 3526 B St NW, Auburn, WA 98001, which creates 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 WI-IEREAS, 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 FAC15-0005 Hebert Lot 1 Bldg Storm Water Easement and Maintenance Agreement Page I of 8 Said documents were flied of record as an accomodation only EXCISE TAX NOT REWIRE . It has not been examined as to --octet.execution oras to its King my rds ivision By uty April Branham 'f-7- WHEREAS, the parties arc 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 13E 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 "13" 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. FAC15-0005, which record drawings are hereby incorporated by reference as if set out in full. This casement shall he a burden to that real estate which is legally described and depicted attached as Exhibit "A" & "13" 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 Man Report signed and dated November 3, 2015 (Revised June 19, 2017) and approved as part of Permit No. FACI 5-0005 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. FACI5-0005 Hebert Lot I Bldg Storm Water Easement and Maintenance Agreement Page 2of8 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. The Storm System Includes the following I3MP's: • Detention Pond • Underground Infiltration Facility • Underground Stormwater Detention Tanks • Control Structure • Flow splitter • Catch Basins • Eco Storm Plus Manhole (Stormwater Quality Device) 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. FAC I5-0005 Hebert lot 1131dg Storm Water Easement and Maintenance Agreement Page 3 of 8 EXECUTED as of the date first written above. SIGNATORY — I) & Z NORTHWEST, LLC DATED this 2\ clay of STAA*... 2017. a Ntana� Member and Authorized Signature STATE OF WASH INGTON )ss. COUNTY OF PIERCE I certify I have known or have satisfactory evidence that HENRY HEBERT 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 a MANAGING MEMBER of the I) & Z NORTHWEST, LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated JI4_, ' �c c)0tit) G7 G� ,�, (� I II c. o , d't` E� X0 Notary Public bars / _ 4' 1,13 en,State of Washington ` ` `' Notary Public in and for he State of Washington Mares M McGibbon residing at tne?, .i- unicfrnt, t Commission Expires 02-15-2021 My appointment expires FAC I5-0005 Hebert Lot I 13Idg Storm Water Easement and Maintenance Agreement Page 4 of 8 SIGNATORY— RIC, LLC DATED this jjcsi day of SLj- , 2017. a N anaging Member and Authorized Signature STATE OF WASHINGTON ) )ss. COUNTY OF PIERCE ) I certify I have known or have satisfactory evidence that ROGER HEBERT is the person who appeared before me, and said person acknowledged that he signed this instrument on oath stated that lie was authorized to execute the instrument and acknowledge as a MANAGER MEMBER of the RCJ, LLC. a limited liability company, to be the free and voluntary act of'such party for the uses and purposes mentioned in the instrument. Dated J� ro,, �( , c(D1-7 Lit Q. 9r` X69 fr\gr C fr. U '`-pc.tC /JLll\-- Notary Public in and for the tate of Washington residing at t i y ,• _ My appointment expires LW .`— a Notary Public State of Washington Marci M McGibbon ,Commission Expires 02-15-2021 FAC 15-0005 Hebert Lot I I31dg Storm Water Easement and Maintenance Agreement Pace 5 of 8 CITY OF AUBURN 7 -ciC --- 6/z$1/7 tliiTtarlaw. 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 Co 'as f 17— ��\v‘‘‘‘tttttlt � C be . , , — 4 ?. BADG<�l// w 13 \ W� k a Notary PuhliQin and for the State of Washington H ia Residing at `1cse.en ,,..N *y f. y� AUtiv%1b t My appointment expires //it et/l, 0/4% 2 //Illi:'Ilt,%%%%%%% FWPs' 4:. SAS/tib FAC 15-0005 Hebert Lot I Bldg Storm Water Easement and Maintenance Agreement Page 6 of 8 • Exhibit A LEGAL DESCRIPTION LOT I OF CITY OF AUBURN SHORT PLAT NO. SPL 08-0012 RECORDED MAY 14. 2009 UNDER RECORDING NO. 20090514900001. IN KING COUNTY, WASHINGTON; EXCEPTING TI-IAT PORTION OF SAID LOT I LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT TI-IE NORTHEASTERLY CORNER OF SAID LOT; THENCE N 88°39' 14" W ALONG THE NORTHERLY LINE OF SAID LOT, 11.50 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE S 0°32'43" W 67.00 FEET; THENCE S 88°43'08" E 11.50 FEET TO THE EAST LINE OF SAID LOT AND THE TERMINUS OF SAID LINE; AND TOGETHER WITH THAT PORTION OF LOT 2 OF SAID CITY OF AUBURN SI-(ORT PLAT LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2, THENCE S 88°38'44" E ALONG THE SOUTHERLY LINE OF SAID LOT, 28.84 FEE"(' TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE N 0°32'44" E 141.70 FEET; THENCE N 88°43'08" W 28.84 FEET TO WE WESTERLY LINE OF SAID LOT 2 AND THE TERMINUS OF SAID LINE. I-AC15-0005 Hebert Lot I Bldg Storm Water Easement and Maintenance Agreement Page 7 of 8 _ _ — N 89'29'05" W522.76'eiiii. N 00'36'40.62" W N 89'24'35" W I 67.00' 40.34" 1 -i INFILTRATION LOT 1 NEW BUILDING AREA v S N (020> LIMITS (TYPPAVINE) ? 1- i v DETENTION I`1 I qq GALLERY ,1= f v ti ': II�/ CQ N 89'24• '35" W N 89'24'35" W 366.20' I 156.72' /" r. 185.47' 180.73' 28.84' t X I s� DETENTION o ._area-Ic ^.I `POND S I : I II 1E - e II 023) 0236 v: I I 0 x) - II L/“1", ii/ SITE EXHIBIT 1"=80' _ FLOW SPLITER/ o ,o CONTROL STRUCTURE o 0 ECO STORM 13 P ) PLUS MH