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Home My WebLink About20190225000747 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT SW 7, 1, # ,. (LI09 Return Address: III I III II I ISI I II II III 11 IMI Il III II City of Auburn City Clerk 20190225000747 25 West Main AGREEMENT Rec:$198.00 Auburn,WA 98001 2/25/2019 2:04 PM KING COUNTY,WA OD AMERICA vv \\till\4 1 J- Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 16-0008 Reference # (if applicable):- N/A Grantor/Borrower: KANAB, LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 31—Township 21N—Range SE & Section 36;Township 21N-Range 4E Assessor's Tax Parcel ID#: 312105-9036,31/f05-9010 & 312105-9056 THIS EASEMENT AND AGREEMENT made and entered into this 0240 day of e.,Q r",6..P& , 2018, by and between the City of Auburn, a municipal corporation of t e State of Washington, hereinafter referred to as "CITY" and Kana B, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Lakeridge Paving Company Business Offices located on parcels 312105-9036, 312105-9010 and 312105-9056, 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 FAC16-0008 Storm Water Easement and Maintenance Agreement Lakeridge Co.Paving Business Office Page 1 of 7 Said documents were filed of recoi c as an accomodation only. it rias not been examined as to ,!il,,er execution or as to its .'i'upon title 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 construction records for the City of Auburn under Permit No. FACI6-0008, 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 February 28th, 2018 and approved as part of Permit No. FAC 16-0008_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. FAC16-0008 Storm Water Easement and Maintenance Agreement Lakeridge Co.Paving Business Office Page 2 of 7 The Storm System Includes the following BMP's: • 48-inch Diameter Detention Pipes • Oil Water Separator • Control Structure • Catch Basins • Compost Amended Biolfiltration Swale • Stormwater Pump at Driveway 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 ab ve. 60ge 4, BGG /`' -/y lAir 0 finer /,Pate / -f7,,f l ' '/ 04rk Owner `! t//OY ,/e STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I k o or have satisfactory evidence tha Th h and(�� k is/are the person(s)who appeared before me,and said person(s) nowledged that he/she/they signed this instrument and on,oathu stated that he/she/they was/w re aut oritzed to execute the instrument as the b & tc't 3 j&_ and of KANA B, LLC, a limited liabilicolmpany, and acknowledge io be that party's free and voluntary act for the uses and purposes mentioned in the instrument. Dated 11-- .--/--) < • alt: JAN: . . _-0 �-,`'•,1',.: - Notary Pub11�' jn and fo�r e^^State o .Washington .,• •.-. . . Residing atL°J'r'�Q Wl�� of O' !J ' _ . f My appointment expires <j �..O cJ 0 F� �.o'. ..:::-'"Wa;-,- asement and Maintenance Agreement Lakeridge Co.Paving Business Office Pag °� 'GTON.- • CITY OF AUBURN / im arlaw, 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 /ai/oU'/ ic9 40 1-0LAA) 'RP • A eq k � 42. °///// _&�,\s ��A, , Notary Public in and for the£tate of ashington �' �OTA,P) �T -C Residing at �t-k.the& 11.4t()/,-/ ` • — 9 My appointment expires //ii 7, 41 i Acs- /// Op vv,"" 1 1%%\\\\\\x` FAC16-0008 Storm Water Easement and Maintenance Agreement Lakeridge Co.Paving Business Office Page 4 of 7 EXHIBIT "A" LEGAL DESCRIPTIONS TPN 312105-9036 THAT PORTION OF GOVERNMENT LOT 4 OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE NORTH 01°53'17" WEST ALONG THE WEST LINE OF GOVERNMENT LOT 4 OF SAID SECTION 31, A DISTANCE OF 641.66 FEET TO THE INTERSECTION OF THE WEST LINE OF SAID GOVERNMENT LOT 4 AND A LINE LYING 181 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 165 FEET OF THE NORTH HALF OF SAID GOVERNMENT LOT 4; THENCE NORTH 89°07'18" WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 30.55 FEET TO THE EASTERLY MARGIN OF A STREET; THENCE NORTH 82°20'18" EAST, 96.26 FEET; THENCE SOUTH 86°52'17" EAST, 103.62 FEET; THENCE NORTH 89°07'01" EAST, 118.56 FEET TO THE WEST LINE OF THE EAST 1000 FEET OF SAID GOVERNMENT LOT 4; THENCE SOUTH 00°46'13" WEST ALONG SAID WEST LINE OF THE EAST 1000 FEET, 165.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°46'13" WEST ALONG SAID WEST LINE OF THE EAST 1000 FEET, 164.10 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF SAID GOVERNMENT LOT 4; THENCE NORTH 88°38'28" WEST ALONG SAID SOUTH LINE, 292.84 FEET TO THE WEST LINE OF SAID GOVERNMENT LOT 4; THENCE NORTH 89°07'18" WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 36, A DISTANCE OF 15.21 FEET TO THE EASTERLY MARGIN OF A STREET; THENCE NORTH 00°55'17" WEST ALONG SAID EASTERLY MARGIN, 163.88 FEET TO THE POINT OF BEGINNING. TPN 312105-9010 PARCEL B OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-04-0007, RECORDED ON JULY 5, 2005 UNDER RECORDING NUMBER 20050705001692, IN KING COUNTY, WASHINGTON. FAC16-0008 Storm Water Easement and Maintenance Agreement Lakeridge Co. Paving Business Office Page 5 of 7 TPN 312105-9056 THE SOUTH 164 FEET OF THE WEST 285 FEET OF GOVERNMENT LOT 4 IN SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON LYING BETWEEN THE NORTH AND SOUTH LINE OF THE ABOVE DESCRIBED TRACT EXTENDED WESTERLY TO PRIMARY STATE HWY. #5 (EAST VALLEY ROAD); ALSO TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER THE ROAD ADJOINING THE PROPERTY TO THE SOUTH; ALSO TOGETHER THE RIGHT OF USE OF WATER FROM EXISTING PIPE LINE FOR DOMESTIC PURPOSES, FROM SPRINGS ON THE HILL LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF SAID SECTION 31. FAC16-0008 Storm Water Easement and Maintenance Agreement Lakeridge Co.Paving Business Office Page 6 of 7 EXHIBIT B I I ' I OIL—WATER SEPARATOR OFFSITE STORM r. ' I BY—PASS NORTH so so so COMPOST—AMENDED BIOALTRATION SWALE I ;' TPN 3121059036 ce oi a_ Q +� i� a NORTH STORMWA TER ■ SCALE 1"=100' PUMP STRUCTURE _ I'lialIMTPN 3121059010 u OIL—WATER i f STORM OIL—WATER SEPARATOR V DETEN LION ' ; SEPARATOR 1 4�� SYSTEM OFFSITE STORM BY—PASS "' SD o , 11I SOUTH I i ® z COMPOST—AMENDEDTPN 31210590561 m BIOFILTRATION SWALE 1 - I 1 I - a I ',1I' j 1 •ar� I z... IT. J.. • 0. r---/ POINT OF OUTLET CONTROL DISCHARGE STRUCTURE TO PUBLIC I SYSTEM ®SHEET D11E PARED B ®SHEET EXHIBIT B SITTS & HILL 1 OF 1 OPERATIONS AND ENGINEERS, INC. MAINTENANCE CIVIL. • STRUCTURAL • SURVEYING imPRatcT�� 4815 CENTER STREET TACOMA, WA. 98409 16525 EXHIBIT PHONE: (253) 474-9449 FAC16-0008 Storm Water Easement and Maintenance Agreement Lakeridge Co. Paving Business Office Page 7 of 7