HomeMy WebLinkAbout20190725001207 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Nw -1
Return Address:
City of Auburn ISE TAX NOT REQUIRED
City Clerk
25 West Main 4: ••., ♦•, - ` dr r �,,.-.;;:,•.-
Auburn,WA 98001 : .J/ +
usaLotden III
FIRSTAM€RICANPiAb 20190725001207
EASEMENT Rec:$108.50
7/2512019 2:11 PM
KING COUNTY,WA
Above this line reserved
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC17-0009
Reference# (if applicable): N/A
Grantor/Borrower: MULTICARE HEALTH SYSTEMS
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: S18, T21-N, R5-E
Assessor's Tax Parcel ID#: 049250-0260 & 049250-0240
THIS EASEMENT AND AGREEMENT made and entered into this 01 day of
J LA+n , 2019, by and between the CITY OF AUBURN, a municipal corporation
of the State of Washington, hereinafter referred to as "CITY" and
MULTICARE HEALTH SYSTEMS hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of improvements for Auburn Medical Center Central Utility Plant,
located at 103 Auburn Ave, Auburn, WA 98002, which creates hard 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
Id doeum:nts w„t e f;6k1 of
FAC17-0009 Auburn Medical Center CUP SWE&MA record as an accomodation only.
Page 1 of 8 It has not been examined as to
proper execution or as to its
<':,e+-t upon tale
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. FAC17-0009, 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 signed and
dated July 25, 2017 and approved as part of Permit No. FAC17-0009 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 written notice to maintain, the PROPERTY OWNER fails to maintain
after 30 days, written notice (provided that if the nature of any maintenance requirement is
such that it cannot be completed within 30 days, then within such loner period of time as is
reasonably necessary to complete the same and provided further that the PROPERTY
OWNER commences the completion within the 30 day period and thereafter diligently
pursues completion).
FACI7-0009 Auburn Medical Center CUP SWE&MA
Page 2 of 8
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 impact(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
reasonably and actually 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 reasonably incurred by the CITY.
The Storm System Includes the following BMP's:
• Pedestrian Brick Permeable Pavers
• Biorention Facilities
• Oil Stop Valve
• Energy Dissipaters
• Underground 24" Perforated Corrugated Metal Pipe Infiltration Facility
• Stormfilter Catch Basins
• Catch Basins
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.
FACI7-0009 Auburn Medical Center CUP SWE&MA
Page 3 of 8
IN WITNESS WHEREOF the Grantor(s) has/have executed these presents this
N day of,Akli I , 2019.
1
Cto
Auii; ized ►gnatu
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have known or have satisfac ry evidence that /".
1'Y)Yr (L 1 60101c,
i re the person(s) who appeared before me, and
sai. .erson(s cknowledged that h sh they signed this instrument on oath stated that
he./they wa were authorized to execute the instrument and acknowledge as the
,r, ►. e5 '^aggintA4( Q f MULTICARE HEALTH SYSTEMS, to be the
ree and voluntary a of such party for the uses and purposes mentioned in the instrument.
Dated I(D 1(IPt 1
Cf ris r In fg
4,----
Notary Public in nd for the State of Washington
Residing at Aymoi Like_
My appointment expires 5-2i-21i2-'
FAC17-0009 Auburn Medical Center CUP SWE&MA
Page 4 of 8
CITY OF AUBURN
47z Y,/f?
T m 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 l`2 y it9
. B40„1111,
-1:I- -4) ov4 4-15' ,eJLAJ 4-41 1-1
O a to,
-----r-vA16 (e
•
9,=,�0_7. Notary Public in and for theate •f W ington
.114,,, �..\\` c _= Residing at �u t.),C.�P -F.
i���/IF10E WASN`�•``� My appointment expires it 11 1t'
SAS/tib
FAC17-0009 Auburn Medical Center CUP SWE&MA
Page 5 of 8
V
•
EXHIBIT 'A'
PARCEL I:
THAT PORTION OF TI-IE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
13,TOWNSHIP 21 NORTI-I,RANGE 4 EAST, W.M.,AND TI-IE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 18.TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WI-IICH IS NORTH 00°00'00"EAST 24.58 FEET FROM THE POINT OF
INTERSECTION OF THE EASTERLY MARGIN OF NORTH DIVISION STREET WITI-I THE
NORTHERLY MARGIN OF 1ST STREET NORTHEAST;
THENCE NORTH 00°00'00"EAST,ALONG SAID EASTERLY MARGIN OF NORTI-I DIVISION
STREET,A DISTANCE OF 311.41 FEET;
TI-IENCE CONTINUING ALONG SAID EASTERLY MARGIN NORTH 00°09'20" WEST,A DISTANCE
OF 24.74 FEET;
TI-IENCE NORTH 89°52'18"EAST,A DISTANCE OF 72.00 FEET;
TI-IENCE SOUTI-I 00°09'20" WEST,A DISTANCE OF 24.83 FEET;
TI-IENCE souTI-I 00°00'00" WEST,A DISTANCE OF 24.17 FEET;
TI-IENCE NORTH 89°52'18"EAST,A DISTANCE OF 183.00 FEET;
TI-IENCE SOUTH 00°00'00" WEST,A DISTANCE OF 5.76 FEET TO TI-IE SOUTHERLY MARGIN OF
2ND STREET NORTHEAST;
TI-IENCE NORTH 89°51'25"EAST,ALONG SAID SOUTHERLY MARGIN,A DISTANCE OF 211.37
FEET TO THE INTERSECTION OF SAID SOUTHERLY MARGIN,AND TI-IE NORTHWESTERLY
MARGIN OF AUBURN AVE NE;
THENCE SOUTI-I 19°26'15"WEST,ALONG SAID NORTHWESTERLY MARGIN,A DISTANCE OF
168.49 FEET;
THENCE SOUTI-I 89°51'25" WEST,A DISTANCE OF 181.00 FEET;
TI-IENCE SOUTI-I 00°00'00" WEST,A DISTANCE OF 146.81 FEET TO THE NORTHERLY MARGIN
OF 1ST STREET NORTHEAST;
TI-IENCE SOUTH 86°01'36"VEST,ALONG SAID NORTHERLY MARGIN,A DISTANCE OF 2.88
FEET;
TI-IENCE SOUTI-1 89°49'10" WEST,ALONG SAID NORTHERLY MARGIN,A DISTANCE OF 201.71
FEET TO CURVE CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 24.50 FEET;
THENCE NORTHWESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF
90°10'50",AN ARC DISTANCE OF 38.56 FEET TO THE POINT OF BEGINNING.
•
FAC17-0009 Auburn Medical Center CUP SWE&MA
Page 6 of 8
'V r
EXHIBIT 'A'
PARCEL II:
THAT PORTION OF THE SOUTHEAST QUARTER OF TI-IE NORTHEAST QUARTER OF SECTION
13,TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.,AND TI-IE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 18.TOWNSHIP 21 NORTI-I, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT WHICI-I IS NORTI-I 89°49'10"EAST 24.58 FEET FROM THE POINT OF
INTERSECTION OF TI-IE EASTERLY MARGIN OF NORTH DIVISION STREET WITH THE
NORTHERLY MARGIN OF 1ST STREET NORTHEAST;
TI-IENCE NORTI-I 89°49'10"EAST,ALONG SAID NORTHERLY MARGIN OF 1ST STREET
NORTHEAST,A DISTANCE OF 201.71 FEET;
THENCE NORTI-I 86°01'36"EAST,A DISTANCE OF 2.88 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00°00'00"EAST,A DISTANCE OF 146.81 FEET;
TI-IENCE NORTH 89°51'25" EAST,A DISTANCE OF 181.00 FEET TO THE NORTHWESTERLY
MARGIN OF AUBURN AVE NE;
THENCE SOUTH 19°26'IS" WEST,ALONG SAID NORTHWESTERLY MARGIN,A DISTANCE OF
126.62 FEET;
TI-IENCE SOUTH 49°33'58" WEST,A DISTANCE OF 34.98 FEET TO A CURVE CONCAVE TO TI-IE
NORTI-I, HAVING A RADIUS OF 39.48 FEET,TI-IE CENTER OF WHICH BEARS NORTH 13°35'41"
WEST;
THENCE WESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 11°47'53",AN
ARC DISTANCE OF 8.13 FEET;
TI-IENCE SOUTI-I 88°12'12"WEST,ALONG TI-IE NORTHERLY MARGIN OF 1ST ST NE,A
DISTANCE OF 82.64 FEET;
TI-IENCE SOUTH 86°01'36" WEST,A DISTANCE OF 21.66 FEET TO TI-IE POINT OFBEGINNING.
FAC17-0009 Auburn Medical Center CUP SWE&MA
Page 7 of 8
•
Exhibit B
1 EXISTING MULTICARE , : '
AUBURN MEDICAL CENTER ,
_. . . / ,
/• /
.
1/11111/ -.4 ` 24' PERFORATED CMP I.s
1
INFILTRATION FACILITY
- 48� MANHOLE WITH /4.?OIL STOP VALVE D:�'•
—- \ IOP STEEL ;
/ STORMWATER
CATCHBASIN _ t_'
\ s
STORM WATER STEEL 1 1 \ j Q
O
CATCHBASIN 'I - t �(
L'_:_?-:.-9:-.'-'-----ariGiN ,-, • 1'I ' - 1,3;' ::-.46.1 r
1 .._ 1,7- , . LJ
•
24- CMP INFILTRATION--'�. ! IIIU .. 0uu1°� �,0 Fri ;,4. rOVERFLOW 18 � ' !ER '"• 'II yr•:{� PROPOSED CUP 1 .• - MORETENTION.FACILITY I
EMERGENCY OVERFLOW ;l • FFE.85.0 IIMFM Ili : .; ,,FOR!CUP BUILDING,,ROOF
CONVEYANCE SYSTEM I' I I o / RUNOFF (TYP.),'\>
~i ik u . 747
9" tl ���; s�� '�''\C
_: r ...�PI ,z.„�....,0,- �M,/ BIORE TEN TION FACILITY 2`).
® �' FOR GENERATOR,-YARD
I • '°- iiiiiRUNOFF (TYP.)�;.
L I _- _---- 11 _n BIORETENTION OVERFLOW
1 PERMEABLE`PAVY .) STRUCTURE WITH BEEHIVE
' ` I. (TYP.).--.____ ,! -)i ;•0 GRATE (TYP.), -
I I C::
I I IST STREET NE i i ,5 :: •
I, I - t - _ .. (LOCA NON RESIDE/014)j, iii
FAC17-0009 Auburn Medical Center CUP SWE&MA
Page 8or8