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Home My WebLink About20200330000323 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Instrument Number: 20200330000323 Document:EAS Rec: $108.50 Page-1 of 6 Record Date:3/30/2020 8:33 AM F4lectronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY PATRICL C Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 FIRST AMERICAN Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC18-0007 Reference#(if applicable): N/A Grantor/Borrower: CINNAMON BAY INVESTMENTS LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SECTION 06—TOWNSHIP 21 N—RANGE 05 E Assessor's Tax Parcel ID#: 000400-0032 THIS EASEMENT AND AGREEMENT made and entered into this 48 day of ,2020,by and between the City of Auburn,a municipal corporation of the Stat of Washington, hereinafter referred to as "CITY" and CINNAMON BAY INVESTMENTS LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS,PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Duffy's Auto Brokerage located at 3204 Auburn Way N,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 Storm Water Easement and Maintenance Agreement ENG-105,Revised 5/18 RECORDING REQUESTED BY Page 1 of 6 nRST AMERICAN TITLE COMPANY AS AN AOOOtt tIODATION ONLY Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 FIRST AMERICAN Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC 18-0007 Reference# (if applicable): N/A Grantor/Borrower: CINNAMON BAY INVESTMENTS LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: SECTION 06—TOWNSHIP 21 N—RANGE 05 E Assessor's Tax Parcel ID#: 000400-0032 THIS EASEMENT AND AGREEMENT made and entered into this a8 day of dlan u k R , 2020, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and CINNAMON BAY INVESTMENTS LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Duffy's Auto Brokerage located at 3204 Auburn Way N, 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 Storm Water Easement and Maintenance Agreement ENG-105,Revised 5/18 Fi CORD'.°w'G REQUESTED BY Page 1 of 6 -::AST AMERICAN TITLE COMPANY AS AN-ACCO AT OI ONLY • 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 Permit No. FAC18-0007, 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 November 8,2018 and approved as part of Permit No. FAC18-0007 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 Storm Water Easement and Maintenance Agreement ENG-105,Revised 5/18 Page 2 of 6 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 BMP's: • Detention Vault • Control Structure • 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. EXECUTED as of the date first written above. / /.S' ZdZc • %111.11P' Pate STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 77'toTHY bur,Y is the person who appeared before me, and said person acknowledged that he signed this instrument and on oath stated that he was authorized to execute the instrument as the 6444-A/4-0642- of CINNh# & d*Y I1J‘ti' MENS (CL, a limited liability company, and acknowledged it to be that party's free and voluntary act for the uses and purposes mentioned in the instrument. Dated dl c/2.1)Z.0 _,GoMMisso�O�i, t3DC�- c Nor + ,, 2'; Notary Public in and for the State of Washington D 9� �% N Residing at 6442,144616g- G✓f� "0 4; , •` •< ,S s My appointment expires 11-1 q_ZOZ Storm Water 61�1``�t�l()✓Ia nancirAgreement ENG-105,Revf/, ,11""a`‘‘% Page 3 of 6 /�tIl'$1H`NG;```�� CITY OF AUBURN /0/2-g/Zo 2.a im 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. i/o78Dated 020 � \ Alik .• VI% 7 r ,..as ,. 1 Rk t /-- .�a8 411" S 1:.i Nota Public in and for the State of Wa inton • ~ j' Residing at —Piz-R Co u N f ington (40 IC ,' My appointment expires iof6b aDa3 11 '�:,ExMI1Es,rr . Op i 11,1, w ,,,'� SH/tlb File: FAC18-0007 Storm Water Easement and Maintenance Agreement ENG-105,Revised 5/18 Page 4 of 6 EXHIBIT A PARCEL A: THAT PORTION OF THE WEST 184.57 FEET OF THE SOUTH 118 FEET OF THE EAST 307 FEET OF THE WEST 1825 FEET OF THE NORTH 245.9 FEET OF THE SOUTH 906.84 FEET OF THE HARVEY H. JONES DONATION CLAIM NO. 39, SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, LYING EAST OF THE EAST MARGIN OF P.S.H. NO. 5, AS DEEDED TO KING COUNTY BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 755623, AND EXCEPT THAT PORTION CONVEYED FOR RIGHT OF WAY PURPOSES TO THE CITY OF AUBURN BY DEED UNDER RECORDING NUMBER 20190110000569. Storm Water Easement and Maintenance Agreement ENG-105,Revised 5/18 Page 5 of 6 EXHIBIT B r - - - -1 II ' TYPE 1 CB TYPE 1 CB i __f,• II APPROXIMATE F -1 PROJECT LIMITS r CLEANOUT H,r-- CLEANOUT I I I • CLEANOUT TLow II CLEANOUT 00 0 000 (I 1\___ v CLEANOUT S I CLEANOUT F I MAINTENANCE HOLE I MAINTENANCE HOLE ;II DETENTION SYSTEM 111 I MAINTENANCE HOLE . 1 54" TYPE 2 FLOW CONTROL CB llx MAINTENANCE HOLE 11 I WATER QUALITY STRUCTURE III TYPE 1 CB TYPE 1 CB IIII , I TYPE 1 CB ):smrajEliAl. IMO!.''\\'\ "Val",,: .�.1 GRAPHIC SCALE 0I I I 2I 100mmmml 0 I AUBURN WAY N I (IN FEET) L J1 INCH = 50 FT Nirrft, DUFFY'S AUTO BROKERAGE A i , 3204 AUBURN WAY N i el EX B AUBURN, WA STORM DRAINAGE SYSTEM EXHIBIT 2/27/2020