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HomeMy WebLinkAboutSTORM WATER EASEMENT AND MAINTENANCE AGREEMENT • 202103180277 Page 1 of 6 , Excise Tax Exempt 202103180277 Pierce County, WA Electronically Recorded 03/18/2021 11:03 AM Pierce County, WA CPENNYP FATCO/20210315-1 Electronically Submitted 03/18/2021 11:03 AM Return Address: CPENNYP Pages: 6 Fee:$212.00 City of Auburn City Clerk 25 West Main Auburn,WA 98001 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC17-0003 COURTESY RECORDING ONLY NO LIABILITY FOR VALIDITY AND/OR ACCURACTY ASSUMED BY FIRST AMERICAN TITLE INS CO Reference # (if applicable): Grantor/Borrower: Lakeland North 1, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 5 & 6, Township 20 N, Range 5 E Assessor's Tax Parcel 1D#: 900955-0011 THIS EASEMENT AND AGREEMENT made and entered into this Iq day of VY' , 2020, by and between the City of Auburn, a municipal corporation of the Skate of Washington, hereinafter referred to as "CITY" and Lakeland North, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Lakeland North Retail — Phase 1 located at the northeast corner of Lakeland Hills Way SE and Lake Tapps Parkway SE, 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" -- - - FAC17-0003 Storm Water Easement and Maintenance Agreement • Page 1 of 6 ,f 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 FAC17-0003 Reference # (if applicable): Grantor/Borrower: Lakeland North 1, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: Section 5 & 6, Township 20 N, Range 5 E Assessor's Tax Parcel 1D#: 900955-0011 THIS EASEMENT AND AGREEMENT made and entered into this iq day of m 4,A-,c, , 2020, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Lakeland North, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of improvements for Lakeland North Retail — Phase 1 located at the northeast corner of Lakeland Hills Way SE and Lake Tapps Parkway SE, 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 FAC17-0003 Storm Water Easement and Maintenance Agreement Page 1 of 6 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. FAC 17-0003, 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 6th, 2018 and approved as part of Permit No. FAC 17-0003 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. FAC17-0003 Storm Water Easement and Maintenance Agreement Page 2 of 6 The Storm System Includes the following BMP's: • Catch Basins • Oil/Water Separator 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. Lakeland North 1 L.L.C. By: Investco L.L. ., it anager B : « - artin D. Waiss, President STATE OF WASHINGTON ) ) ss COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that lM AV4in 0 . LiA -and- is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated 2-0 \\\\\IIIuul llrrio, \ D RA ��i ,� \ssionF' . � �. v oho 09-20 10/.‘"0‘" ® " Z" 4l cls4no(r4 A4'k— N•; PUBIC �'_ Notary Public i��}} and for the State of Washington • ..5 ��'' �� Residing at Jf' L cJr4 /////0F ASND\\\\ My appointment expires 3— q -2p13 ,///lllllllll\'\\\\ FAC17-0003 Storm Water Easement and Maintenance Agreement Page 3 of 6 CITY OF AUBURN e.L.4.../ / .Z Jacob Swe tin sst. Di for of En ineerfn Date g� g STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Jacob Sweeting 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 ASST. DIRECTOR OF ENGINEERING 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 \2t 1 ‘7,\ 60\ \Y\ 9A,UPA,v\) P� SyF f,„ , , 1 ' 1 1, GVA�,�Ww\y .Z�710TA ''',2 , Notary ublic ' and for the State of Washington sQ; o R� t Residing at V t( ICU CO % r 182954 a'1. A co My appointment expires 1 2_ 2,t -y ,,,?�pg,2 ', `_ i•iiii Op WAS` .� FAC17-0003 Storm Water Easement and Maintenance Agreement Page 4 of 6 L EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF UNIT 1, LAKELAND NE COMMERCIAL, A CONDOMINIUM RECORDED UNDER RECORDING NUMBER 201105205002, DESCRIBED AS FOLLOWS. BEGINNING AT THE EASTERNMOST CORNER OF UNIT 1, SAID POINT BEING ON THE NORTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST; THENCE ALONG SAID MARGIN THE NEXT 3 COURSES AND DISTANCES; THENCE SOUTH 59'01'12" WEST 253.03 FEET; THENCE NORTH 30'58'48" WEST 8.00 FEET; THENCE SOUTH 59'01'12" WEST 84.44 FEET TO A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 FEET AND RADIAL BEARING OF SOUTH 46'02'32" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12'58'40" AN ARC DISTANCE OF 7.93 FEET; THENCE NORTH 30'58'48" WEST 176.16 FEET; THENCE NORTH 59'01'12" EAST 27.24 FEET; THENCE SOUTH 54'05'24" EAST 24.69 FEET; THENCE NORTH 88'20'31" EAST 345.73 FEET TO THE POINT OF BEGINNING. FAC17-0003 Storm Water Easement and Maintenance Agreement Page 5 of 6 / i vJ �/ 6.--) \ \ / . / /• 63 /�l v -,- \ r / / A � / /6' <A.., f___,,,.. N 0 `O / MI Q (\ APPROXIMATE PROJECT LIMITS , TYPE 1 CBS I TYPE 1 CB l?117-13-1 : TY kE 1 CB-4 ►i�it . •t_,_ \ ,r, •f i R�qi 1 1 I �o� �� - I:oP 0000 I 1 TY"E41B al iiip F Jr) 70:41I .-., , II %.s. © TYPE 1 CB i 1 I n I i LAKE TAPPS PARKWAY E 1 . LAKELAND NORTH RETAIL 0 1619 LAKE TAPPS PKWY ® , AUBURN, WA EX B Seattle, WA 981 N T(06)RZAS10 STORM DRAINAGE SYSTEM EXHIBIT Seattle, 98103 .Ptivu.aai 12/16/2020 1' = 50'