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Home My WebLink About20171009000602 Storm Water Easement and Maintenance Agreement Return Address: _ CCity of Au ity Clerkburn I Ili1 11111 1111 IIIII HIII' I25 IIIIIIIIII I,II,IIIIIIIIIIII111S 'Auburn,`WAn98001 20171009000602 EASEMENT Rec:$154.00 1019/20172,54 PM ''11 KING COUNTY,WA FIRST AMERICAN\W V �1 i� • S tit Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Reference#(if applicable): N/A Grantor/Borrower: PLAN'A' DEVELOPMENT, LLC Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: NE of SE % Sb3-T21-R4E Assessor's Tax Parcel ID#: 781500-0030 A THIS EASEMENT AND AGREEMENT made and entered into this q r day of ,� , • 2017, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and PLAN 'A' DEVELOPMENT, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for TREK APARTMENTS located at 2 E Main St, Auburn WA, 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 FAC13-0010 Storm Water Easement and Maintenance Agreement ;aid documents were filed of Page 1 of 7 .,.':ord as an accomodativn oily -as not been e:.ar pined i.- ? ... execution or as to ..._. EXCISE TAX n�; ,,Y=bide i�w,� gad 3 i<a5:;'�ti� c"1;°L'� •. .i Division By Purl I<a, 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. FAC 13-0010, 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 December 7, 2013 and approved as part of Project No. FAC13-0010 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 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 incurred by the CITY in maintaining the storm system. FAC13-0010 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 vault • Control Structure • Catch Basins FAC13-0010 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. SIGNATORY- LLC �� DATED this day of i I ' 1117 V', horized Signature 1 orized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have known or have satisfa4 ry evidence that b1WLk <� � i are the person(s) who appeared before me, and 0said person(s) acknowledged that h she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the i of ?Letti tc c/ - 1- \iX a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Lq S 1`1 ibilik 0 P‘ ./ Notary Public State of Washington Uw ELISE LEFEBEXP % NotaryPublic in and for the State of ashin ton ' MY COMMISSION EXPIRES g 06/15/2020 ; Residing atmPS "` •.,.,�•.�.. My appointment expires i i /1 2010 f FAC13-0010 Storm Water Easement and Maintenance Agreement Page 4 of 7 I CITY OF AUBURN A:r7 .C....-6„....e.m.........- // 2 /<it m Carlaw, Storm Drainage Engine r 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 7/°28/1/ 11. er:AILON4....---... 1j r; I _TV��/. +0144/op �4 I k �1J4 , E Z e Notary Public in and for th tate of Washington 410. Q = 11 Residing at 1-'c2Ace uN u/ % >*Os Oci9 z= My appointment expires i lil? 1� 411,1 OP WAS`t*4 •`� MAB/tib FAC13-0010 Storm Water Easement and Maintenance Agreement Page 5 of 7 EXHIBIT A LEGAL DESCRIPTION PARCEL A: LOT 1 AND THE EAST 17 FEET 10 INCHES OF LOT 2,BLOCK 1,TOWN OF SLAUGH i ER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,WASHINGTON. PARCEL B; THE WEST 42 FEET 2 INCHES OF LOT 2,BLOCK 1,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,WASHINGTON. PARCEL C: THE EAST HALF OF LOT 3,AND THE EAST 20 FEET 11 INCHES OF THE WEST HALF OF LOT 3,BLOCK 1, TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE (S)56,IN KING COUNTY,WASHINGTON. PARCEL D: THE WEST 9 FEET 1 INCH OF LOT 3,AND ALL OF LOT 4,BLOCK 1,TOWN OF SLAUGH I Eh,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY, WASH INGTON, PARCEL E: LOTS 5 AND 6,BLOCK 1,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS.PAGE(S)56, IN KING COUNTY,WASHINGTON. PARCEL F: THE WEST 45 FEET OF LOT 7,BLOCK 1,TOWN OF SLAUGHTER,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE(S)56,IN KING COUNTY,WASHINGTON. FAC13-0010 Storm Water Easement and Maintenance Agreement Page 6 of 7 EXHIBIT B _....._...1 -�lr 1---- ..W, — ! !__- —�I - - ce 1 !s'p 86.. C I . 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