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Home My WebLink AboutK & B Real Estate Investments, LLC - Stormwater Maintenance Agreement III II III III II III I III I III * 8 0 1 7 4 8 1 5 * FILE# 8017481 Return Address YAKIMA COUNTY, WA (2 , OG 1/4K01111 1 06/11/2019 11:56:17RM / 9 A %n"/6 ST.�.2 � C, PAGESMEN5 1"A-K1tn/- WA- 9g.q61 NLfl Recording Fee: 103.00 Document 1 Title: ST P. /VL L 4-7Z-R 4 l4-m/ 1 eg 4Cifee-&--frie-AJT- • Reference#'s: Additional reference#'s on page Gr ntors: Grantees: ,i r y D F a-Rt rr A K l3 -P)_8 L=s-r14 Tvv�STiV4 ?�ri�� L - Additional grantors on page additional grantees on page Document 2 Title: Reference#'s: Additional reference#'s on page Grantors: Grantees: Additional grantors on page additional grantees on page Legal Description(abbreviated form: i.e. lot, lbk,plat or S,T,R quarter/quarter) LOTS A-NA $4 Pr7U lvT- 1s ---PLA-i" Additional legal is on page_ "� Assessor's Property Tax Parcel/Account Number 15313(14 ❑ Emergency nonstandard document recording: I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the • recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature: The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. ► City of Yakima Codes Division 129 N. 2nd St. — 2nd Floor Yakima, WA 98901 STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT TO MAINTAIN STORMWATER FACILITIES IS ENTERED INTO THIS 1 (.1 DAY OF 20111 BY AND BETWEEN THE CITY OF YAKIMA (HEREINAFTER "CITY") AND _K & B Real Estate Investments, LLC_ AND ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "LANDOWNER"). SWPPP Permit No.: I Parcel No.: 181314-14428 Parcel FUN Legal Description: LOTS 1 AND 2 AND THE EAST 100.0 FEET OF LOT 3, ROHRICH'S PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "L" OF THE PLAT, PAGE 14, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND THE EAST 616.0 FEET OF THAT PART OF LOT 5, THE LEWIS-TERRY GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF IN VOLUME "F" OF PLATS, PAGE 15, RECORDS OF YAKIMA COUNTY, WASHINGTON, LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF BURLINGTON NORTHERN INC., NACHES BRANCH, AND NORTH OF SAID ROHRICH'S PLAT. EXCEPT RIGHT OF WAY FOR 16TH AVENUE. Project Name: K & B Real Estate Investments, LLC Address: 1006 N. 16th Avenue, Yakima, WA 98902 WITNESSETH WHEREAS, the Landowner has submitted for approval by the City a permit application and Site Plan, which require the construction and installation of stormwater management facilities pursuant to the City of Yakima Post -Construction Stormwater Runoff Ordinance; and WHEREAS, the Post -Construction Stormwater Runoff Ordinance requires, as a condition of permit approval, a maintenance agreement between the City and the Landowner to ensure the Landowner will construct and maintain the stormwater facilities identified in the Site Plan; and Stormwater Maintenance Agreement (April 2018) Page 1 WHEREAS, the City and the undersigned, its successors and assigns, including any homeowners association, agree that the health, safetyand welfare of the residents of the City of Yakima, Washington requires that on- sitestormwatermanagementfad|itiesbeconstructedandmaintainedontheProperty;and WHEREAS, under said Ordinance it is provided that private stormwater management facilities must be maintained by the property owner, and a maintenance agreement must be executed before the development plan is approved. NOW, THEREFORE, inconsideration ofthe foregoing premises, themutua|covenantscontainedhenein,andthe following terms and conditions, the parties hereto agree as follows: 1. The Landowner shall construct and install stornnwater management facilities as depicted and shown on the Site Plan, in accordance with the plans and specifications (attach Site Plan that shows type and Iocation of stormwater facilities to be maintained). 2. The Landowner shall maintain the stornnwater management facilities as shown on the Site Plan in good working order acceptable to the City as outlined in maintenance schedule attached hereto. 3. The Landowner hereby grants permission to the City, its authorized agents, and employees to enter the property and to inspect any stormwater management facilities pursuant to Chapter 7.83 of the Yakima Municipal Code, Post -Construction Stornnwater Runoff Ordinance and this Maintenance Agreement. 4. In the event the Landowner fails to maintain stormwater management facilities as shown on the Site Plan in good working order acceptable to the City, the City may enter the property and take whatever steps it may deem necessary to maintain said stormwater facilities. It is expressly understood and agreed that the City is under no obligation to maintain or repair said facilities, and in no event shall the Agreement be construed to impose any such obligation on the City. 5. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, or materials, the Landowner shall reimburse the City on demand, within a time frame specified by the City for all costs incurred, including reasonable attorney's fees in the event that an action to collect such costs must be instituted. Costs, if not paid, shall become a lien on the property. 6. It is the intent of this Agreement to insure the proper maintenance of stormwater management facilities by the Landowner; provided, however, that this Agreement shall not be deemed to create or affect any additional liability of any party for damage alleged to result from or be caused by stormwater management. 7. The Landowner, its executors, administrators, assigns, and any other successors in interest, shall indemnify and hold the City and its agents and its employees harmless for any and all damages, accidents, casualties, occurrences, or claims which might arise or be asserted against the City from the construction, presence, existence, or maintenance of the stormwater management facilities by the Landowner or the City. Stormwater Maintenance Agreement (April 2018) Page 2 K In the event a claim is asserted against the Cityits agents, or employeesthe City shall notify the Landowner and the Landowner shall defend at his own expense any suit based on such claim. If any judgment or claims against the City, its agents, or its employees shall be allowed, the Landowner shall pay all costs and expenses in connection therewith. 9. This Agreement shall be recorded among the land records of Yakima County, Washington, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs, and any other successors in interest. IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have caused the Agreement to be signed, sealed and delivered: Name/Title °~-~r Name/Title // 2- 41, on,1 iffe Address State of Washington ) )es. ) County of Yakima Address f'\\ ifertify that I k or have satisfactory ence that is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to 5 e -h' er/their free and voluntary act for the uses and purposes mentioned in the instrument. Witness my hand ereto affixet the day and year first above written. Notary Public in and for the State of Washington, residing in Li Cl,„ Dated at Yakima, Washington, this |/~ day of \' \ City Engineer Stormwater Maintenance Agreement (April 2018) CAA.,„„ �� \ci " Notary Pa He State of Washington MY COMMISSION EXPIRES SEPTEMBER 30, 2020 Page 3 Accepted By: City Manager CITY CONTRACT NO: RESOLUTION NO: Stormwater Maintenance Agreement (April 2018) Page 4