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Home My WebLink About20200108000872 STORMWATER EASEMENT AND MAINTENANCE AGREEMENT Z 35"2;2- 11111111111111111111111111111111111111111111111 22L?o1? ?00872 8 EA0 1/8/2020 2:38 PM KING COUNTY,WA FIRST AMERICAN _ Return Address: `\l Auburn City Clerk City of Auburn EXCISE TAX NOT REQUIRED 25 West Main St. King C Recor Division Auburn, WA 98001gy eputy RECORDER'S COVER SHEET A1nb Document Title(s) (or transactions contained therein): Storm Water Easement and Maintenance Agreement FAC17-0002 Reference Number(s) of Documents assigned or released: DAdditional reference#'s on page_of document Grantor(s) (Last name first, then first name and initials) DCT Hudson Distribution Center, LLC Grantee: (Last name first) ,...,FaQuESTED6Y ,. >yFitC.A,N TITLE COMPANY City of Auburn P.,;:I C(.:.OW 4ticATOt,ONLY Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 3, Township 22N and Range 4E ®Additional legal is on page 6-7 of the document. Assessor's Property Tax Parcel/Account Number: 352204-9027, 3522049022 13 Assessor Tax#not yet assigned Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 17-0002 Reference#(if applicable): N/A Grantor/Borrower: DCT HUDSON DISTRIBUTION CENTER,LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Section 3,Township 22N and Range 4E Assessor's Tax Parcel ID#: 352204-9027 & 352204-9022 THIS EASEMENT AND AGREEMENT made and entered into this .3:)0 day of kpPA 1 ,2019,by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and DCT HUDSON DISTRIBUTION CENTER,LLC hereinafter referred to as"PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for HUDSON DISTRIBUTION CENTER located at 6408 S 287th Street, 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 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 Storm Water Easement and Maintenance Agreement Page 1 of 8 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. FAC17-0002, 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 June 8th, 2017 and approved as part of Permit No. FAC17-0002 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. Storm Water Easement and Maintenance Agreement Page 2 of 8 The Storm System Includes the following BMP's: • Detention Pond • Control Structure • Catch Basins • Energy Dissipaters • Wetland Wetpond • Contech CDS • Pond Liner 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. Storm Water Easement and Maintenance Agreement Page 3 of 8 SIGNATORY–DCT INDUSTRIAL OPERATING LLC IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officer(s)this '30 day of Are, \ , 2019. DCT Industrial Operating LLC, a Delaware limited liability company By: DCT Industrial Operating Partnership LP, a Delaware limited partnership, its Sole member By: DCT Industrial Trust Inc., a Maryland Corporation, its General Partner By: Name: Tcr;ac,,niv\ Title: Vice- f rt5•c�.tr1� STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have known or have satisfactory evidence that 12-/M(a-Mi v o4Sk is the person who appeared before me, and said person acknowledged'fhat he signed this / instrument on oath stats}that he was authorizec to execute the instrument and acknowledge as the V l 0— t T of DCT INDUSTRIAL OPERATING,LLC, a limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the in\\ miA\1111.� ��`EYN1,, th Dated: Lit 30 �I = �.�'%sw!iF'� ,��` / 172126 fP' Notary 'ublic in and or the t;to of WA •residing at u cls W cA9s 'Ovs��a�•��aj� r, 30Z My appointment expires F " s� ;/1pFwAsY‘ z 111\\\‘\‘w. Storm Water Easement and Maintenance Agreement Page 4 of 8 CITY OF AUBURN j=-6-C - /2-70s/ c Tfm 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 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 is/`sl a°f 9 „Nom%ilik Aft g ‘,_,_,,, .,...,,a.:.,.. .... , B„zs,„ vi, .„.. �` zosa6 0l_',,,� - .. ,4„., , / i AOTAIp .Z Notary Public in and for the S to of Washington i ...j' % Residing at -----P (-52)1 Cv r L� S" L1C+�ti My appointment expires !v to 10.3 or bei • • 1111 WA,''•� Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT A LEGAL DESCRIPTIONS PARCEL A: ALL OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M.,RECORDS OF KING COUNTY,WASHINGTON;THENCE ALONG THE SECTION LINE SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST PARALLEL TO THE SOUTH LINE OF SAID SECTION 35 A DISTANCE OF 1291.29 FEET TO THE TRUE PLACE OF BEGINNING;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 35,AS THE SAME IS NOW BOUNDED AND FENCED ON THE GROUND;THENCE NORTH 87°54'40"EAST ALONG THE SAID NORTH LINE 204.50 FEET;THENCE NORTH 88°25'24"EAST ALONG THE SAID NORTH LINE 280.44 FEET;THENCE SOUTH 00°28'40"EAST 817.24 FEET;THENCE SOUTH 88°29'26"WEST 491.80 FEET TO THE TRUE POINT OF BEGINNING. AND THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4 EAST OF THE WILLAMETTE MERIDIAN,IN KING COUNIT,WASHINGTON;THENCE,ALONG THE SECTION LINE,SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST,PARALLEL TO THE SOUTH LINE OF SAID SECTION 35, 1291.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 87°54'40"WEST,ALONG THE SAID NORTH LINE,808.85 FEET;THENCE SOUTH,PARALLEL TO THE EAST LINE OF SAID SECTION,804.24 FEET;THENCE NORTH 88°29'26"EAST 808.60 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE SOUTH 27.50 FEET THEREOF. Storm Water Easement and Maintenance Agreement Page 6 of 8 TRACT A: THE SOUTH 27.50 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 35,TOWNSHIP 22 NORTH,RANGE 4 EAST,W.M.,RECORDS OF KING COUNTY,WASHINGTON;TH.ENCE ALONG THE SECTION LINE SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST PARALLEL TO THE SOUTH LINE OF SAID SECTION 35 A DISTANCE OF 1291.29 FEET TO THE TRUE PLACE OF BEGINNING;THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 35,AS THE SAME IS NOW BOUNDED AND FENCED ON THE GROUND;THENCE NORTH 87'54'40"EAST ALONG THE SAID NORTH LINE 204.50 FEET;THENCE NORTH 88°25'24"EAST ALONG THE SAID NORTH LINE 280.44 FEET;THENCE SOUTH 00°28'40"EAST 817.24 FEET;THENCE SOUTH 88°29'26"WEST 491.80 FEET TO THE TRUE POINT OF BEGINNING. AND THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHEAST CORNER OF SECTION.35,TOWNSHIP 22 NORTH,RANGE 4 EAST OF THE WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON;THENCE,ALONG THE SECTION LINE,SOUTH 88°29'26"WEST 30 FEET;THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,516.18 FEET;THENCE SOUTH 88°29'26"WEST,PARALLEL TO THE SOUTH LINE OF SAID SECTION 35, 1291.29 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH,PARALLEL TO THE EAST LINE OF SAID SECTION,812.44 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 87°54'40"WEST,ALONG THE SAID NORTH LINE,808.85 FEET;THENCE SOUTH,PARALLEL TO THE EAST LINE OF SAID SECTION,804.24 FEET;THENCE NORTH 88°29'26"EAST 808.60 FEET TO THE TRUE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 7 of 8 1 I I I i I rr O I C O CNI z i II I Q m Z 1 r I = I }� x Li ID Q O U N Li_ Q CC O o Q Et 0 = U Milli ++� I w • II — I ~ inir--,. 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