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Home My WebLink About20190225000743 STORM WATER AND MAINTENANCE AGREEMENT S c 35 Return Address: In II [[ T City of Auburn II City Clerk 25 West Main 20190225000743 Auburn,WA 98001 V v AGREEMENT Rec:$204.00 212512019 2:04 PM KING COUNTY,WA FIRST AMERICAN Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC14-0007 Reference# (if applicable): Grantor/Borrower: North Auburn Logistic Holdings, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 35, Township 22N, Range 4E Assessor's Tax Parcel ID#: 3522049024 and 3522049016 THIS EASEMENT AND AGREEMENT made and entered into this 070 day of rib 4 Q , 2019, by and between the City of Auburn, a municipal corporation of the State / of Washington, hereinafter referred to as "CITY" and North Auburn Logistic Holdings,LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for North Auburn Logistics located at 6603 S 287th St, which creates hard surfaces; 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, the PROPERTY OWNER and the CITY have executed a Drainage Easement and Drainage Agreement (Recording Number 20180327000962) for collection and treatment of runoff from West Valley Highway and from S 287th Street which shall remain in effect; and WHEREAS, for maintenance of stone 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 Said documents were flied of FAC14-0007 Storm Water Easement and Maintenance Agreement record as an accomodation only. Page 1 of 7 It Ens not been exam i:ec; as to proper execution or as to its effect upon title 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 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 Project No. FAC14-0007, 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 August 28th, 2018 and approved as part of Project No. FAC14-0007 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. FAC14-0007 Storm Water Easement and Maintenance Agreement Page 2 of 7 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 BMP's: • Detention Pond • Impermeable Fabric Pond Liner • Control Structure and Flow Splitter • Flow Splitter • Catch Basins • CDS2015-4-C Inline CDS Oil/Water Separator • Wetpool • Stormwater Treatment Wetlands Section 4, MONITORING The PROPERTY OWNER agrees to monitor the two detention ponds in accordance with Section 4.0 of the Maintenance and Operation Manual included as "Appendix A" in the Stormwater Site Plan Report dated August 28th, 2018 approved as part of Project No. FAC14-0007 and with CITY approved revisions and amendments by the PROPERTY OWNER. Monitoring will be an ongoing activity for a minimum of 5 years starting the date this agreement is signed and may be extended up to 10 years at the request of the CITY. Section 5, REPORTING The PROPERTY OWNER agrees to provide pond monitoring reports in accordance with Section 4.0 of the Maintenance and Operation Manual included as "Appendix A" in the approved Stormwater Site Plan Report dated August 28th, 2018 and approved as part of Project No. FAC 14-0007. Pond monitoring reports shall be submitted to the CITY quarterly and any liner failures shall be reported to the CITY immediately. FAC14-0007 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. NORTH AUBURN LOGISTCS HOLDINGS,LLC, a Delaware limited labiality company By: North Auburn Logistics Center Holdings PG, LLC, a Delaware limited liability company, Managing Member By: PDC Seattle LLC, a Delaware limited liability co, pany, Its Manag-r By: ' Bart Brynestad Local Partner Dated 0 ( Dal �a � 1 0„,t,,„„„,„ vi s q41. -TARy�i S ' ' PuBoci ' Q A :�4O'�•'��`�. Notary Public in and for the State of Washington Residing at 04 OFwAS `�\\\ My appointmek..52-41-4- t p es�Oy ( 24 FAC14-0007 Storm Water Easement and Maintenance Agreement Page 4 of 7 CITY OF AUBURN Z/24/(f irrf 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 °1/ D//7 ,:•:.,BA°ch'6 I''i zAA.1 �- '-. =" - • Notary Pu 'cin and for the State of Washington cn% AA/Bt.�0 ' Z Residing at cake Ca a A, i/y''a7l_1g.1°�.�_ My appointment expires 1 t/I /0 'I11�O;WASN\��\`� FAC14-0007 Storm Water Easement and Maintenance Agreement Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY Parcel A and Tract A, City of Auburn Boundary Line Adjustment No. BLA14-0006, recorded under Recording No. 20160601900006, in King County, Washington. FAC14-0007 Storm Water Easement and Maintenance Agreement Page 6 of 7 't *r1 my co n -� o EXHIBIT B K 1"=200' CD P FLOW SPUTTER 0 c� a 8.287TH STREET 4 EMERGENCY L 1 1 TRACT A P-. OvER.FLOYJ CONTROL STRUCTURE SCps 1 P CONTROL CD SPILLWAY ,J� 1TORM PE (TYP,) _— '��"-"—��•,' STRUCTURE 0 �' EMERGENCY CD (I'Q' / i 11 i OVERFLOW WEST CATCH BASIN EAST STORM SPILLWAY co ES I ♦ ROOF DRAIN (TYPO WATER TREATMENTSTORMWATER WETLANDS MD ).--j Q DETENFT10� PARCEL A DETENTION PO;10 ` CITY OF AUBURN _ 117 1) ROOF DRAIN BUM-0000 FES N0. 201FA601900006 COS #2 oie 4/ MONITORING WELL IRIS 053 gyp_) VENTURE DITCH CULVERT File:P: 14000s 14423 exhibit 14423—storm exhibiidw. Dote nrne:8 22 2018 4:47 PM Soole:l" = 1• KHARRIS Xref: ----