HomeMy WebLinkAboutRiver 16 LLC - Stormwater Maintenance Agreement City of Yakima Codes Division
129 N. 2nd St. — 2nd Floor
Yakima, WA 98901
STORMWATER MAINTENANCE AGREEMENT T
This agreement to maintain stormwater facilities is entered into this / day of
, 20fq , by and between the City of Yakima (hereinafter
"City") nd JIVE 1j 1^LC.— and its heirs, successors, or assigns
(hereinafter"Landowner"). 1
SWPPP Permit No.: 19 0010 Parcel No.: )8—1 3- 14. - /14 2b
Parcel Full Legal Description: PA-PG-E j ? Taos I+ P 13 `L7'IcN (if
See a}+ached -For Full Leal DcScr p1ion-
Project Name: RIVER \L LL-
Address: 1 alp I N VE
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
WHEREAS, the City and the undersigned, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
the City of Yakima, Washington requires that on-site stormwater management facilities
be constructed and maintained on the Property; 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.
Stormwater Maintenance Agreement(July 2019)—Page 1
•
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as
follows:
1. The Landowner shall construct and install stormwater management facilities as
depicted and shown on the Site Plan, in accordance with the plans and
specifications (attach Site Plan that shows type and location of stormwater facilities
to be maintained).
2. The Landowner shall maintain the stormwater 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
Stormwater 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.
8. In the event a claim is asserted against the City, its agents, or employees, the 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.
Stormwater Maintenance Agreement(July 2019)—Page 2
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 th Agreement to be signed, sealed and delivered:
N--X)
Name/Title /14^1, e2.- Name/Title
Address: Address:
) J L) N AVE-
yA,K)frt 4/A woo_
State of Washington )
'-
) ss.
County of V-eck _
I certify that I know or have satisfactory evidence that LIy66 14 O
is the person who appeared before me, and said person acknowledged that (9/she)
signed this instrument and acknowledged it to be ( /her) free and voluntary act for the
uses and purposes mentioned in the instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
Notary Public in and for the State of Washington
Dated before me this t day of ►)cKS , 20 11
My Commission Expires: tr Z3 Doz 3
I // HEAT HER S IRVINE
Approved By: � State.L 1 �:y� Notary Publicashington�,
Commission q 93567
My Comm. Expires Jun 23, 2023
Accepted B /fr
Mana•er
CITY CONTRACT NO: `7 V
RESOLUTION NO:- h/U
Stormwater Maintenance Agreement(July 2019)—Page 3
FULL LEGAL DESCRIPTION FOR PARCEL 18131411426
Section 14 Township 13 Range 18 Quarter NE (SPE 015-19) Lot 13 ,
Fruitvale, as recorded in Volume "A" of Plats, Page 20, conveyed to Lot
Goodwin and Julius C Goodwin by deeds recorded under AF# 404464
& 404465, respectively, being more particularly described as
follows: Beginning at a point 33 feet West of the SE corner, of the SE
quarter, of the NE quarter, of the NE quarter, of said section. Being
the SE corner of that tract conveyed in AF# 404464; then North 0^ 0'
} 0" East, parallel to and reference bearing to the East line of said
subdivision ; 327.19 feet to the NE corner of that same tract; thence
S89^ 54' 23" W, 365.53 feet to the NW corner of that tract conveyed
in AF#404465; thence SOA 03' 17" West, 326.96 feet to the SW
corner of that same tract and a point on the South line of said
subdivision; thence N89A 56' 31"E, along the South line of said
subdivision, 365.84 feet to the point of beginning. EXCEPTING
THEREFROM the right of way of Riverside Road on the South; AND
EXCEPT that portion thereof conveyed to the City of Yakima by
instrument recorded under AF#7503157; AND EXCEPT that portion
thereof ordered, adjudged, and decreed to be quieted, established,
and confirmed by court cause No. 90-2-00824-9 in the Superior Court
of the State of Washington in and for Yakima County; AND EXCEPT
that portion thereof that was described as "Parcel A" in deed recorded
under AF#7786144. being more particularly described as follows:
Beginning at the SW corner of that tract conveyed by AF#40465;
thence N89^ 56' 31"E, reference bearing along the South line of that
same tract, 102.34 feet; thence NOA 20' 00"W, 163.5 feet; thence
S89^ 56' 31"W, 101.24 feet to a point on the West line of said tract;
thence SOA 03' 17"W, 163.5 feet to the point of beginning.