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Home My WebLink About20020522002698 STORM EASEMENT 052202Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PACIFIC NW TIT EAS PAGE 001 OF 010 05/22/2002 14:58 KING COUNTY, WA 12698 111.69 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (East & West),., io (FAC01-0039) _ Reference It (il'applicable): N/A Additional on page: a a Grantor/Borrower: 1) Charles P. Schroeder and 2) f to fa m'q Brenda M. Leyda their separate a n / Estates Additional on page: ~a ? . ~Grantee/Assignee/Beneficiary: City of Auburn ,p T Legal Description/STR: E ''/2, NW '/4, NE '/4, 17-21-05E Additional on page: m f 3 Assessor's 'Tax Parcel 1D#: 332790-0270 & 172105-9099 to FILED BY F'NWr o ("J 3L11 Z-12 THIS EASEMENT AND AGREEMENT made and entered into this day of 200a--, by and between the City of Auburn, a municipal corporation of' = King County ashington, hereinafter referred to as "CITY" and Charles P. Schroeder and Brenda M. Leyda their separate estates, located at 16608 SE 331 St., Auburn, WA 98092, hereinafter referred to as "PROPERTY OWNER". o .cv WHEREAS, :PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 111XX SE 320`" Street which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a stone system; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system 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 - East & West Page 1 of 10 EXCISE TAX NOT REQUIRED King Co R r Division 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 system to make certain that it is functioning properly and for purposes of determining the appropriate repairs. C NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED CTI THE PARTIES AGREE AS FOLLOWS: Q.; 0 c~ Section 1, EASEMENT PROPERTY OWNER hereby provides an easement over, under and on that portion of the <Z) property as showing on the approved Record Drawings revised pursuant to construction records CN,1 for the City of Auburn under Permit No. FACO1-0039, 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 attached as Exhibit A and incorporated herein by this reference, and shall be of benefit to the City storm 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 Stormwater Pollution Prevention Maintenance and Operation Schedule attached as Exhibit "B" and incorporated herein by this reference. 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 the storm system's failure, which might result in adverse impacts(s) on public facilities or private facilities of other property owners. In both events the PROPERTY OWNER agrees he/she/they/it shall 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. Storm Water Easement and Maintenance Agreement - East & West Page 2 of 10 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. CITY OF AUBURN DIRECTOR OF PUBLIC WOR* 2, Owner Date Cn YT% tm c-i CL G C1.4 N c~ C'v Storm Water Easement and Maintenance Agreement East & West Page 3of10 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that z$ h,#/lle3 / ' Jck)e~t-e ex and Jlh - e- is/are the person(s) who appeared before me, and sai 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- / 7-d 2-- SC -1 9%, _ ~ ° 4liQ,'•yg101V 0 to 0 c, - Q :'o NOTAR y V. M CO C 3 : Pwur' - V " r STATE OF WASHINGTON) )ss. County of King Notary Public in and for the State of Washington residing at My appointment expires I certify that I know or have satisfactory evidence that S is the person who appeared befor e, and'said person acknowledged that ed this'J instrument, on oath stated that Ws authorized to execute the instrument and acknowledged it as the DIRECTOR OF PUBLIC WORKS 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 6,1 !o -0Z CSI b n A - t---1i0 V; Notary Publi 'n and for th State of Washington residing at ,,C1+-t~ My appointment expires W W/bd File: 2.1, 4.1 REF. FAC01-0039 (STM WAT EASE & MAINT AGRMNT E & W)\E02-493 Storm Water Easement and Maintenance Agreement - East & West Page 4 of 10 EXHIBIT "A' LEGAL DESCRIPTION SHORT PLAT NO. SPL00-001 1 (east) Parcel No. 332790-0270 That portion of the East half of the Northwest quarter of the Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point on the East line of the East half of the Northwest quarter of the Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, said point being 30 feet South of the Northeast corner thereof and the true point of beginning; Thence N 890 55' 24" W, 180.78', thence S 060 30' 37" W, 64.78', thence S 420 26' 34" W, 84.76', thence S 040 25' 22" E, 293.82', thence S 890 55' 24" E, 60.00', thence S 440 24' 57" E, 133.44', thence S 370 44' 48" W, 160.15', thence 32.18' easterly around a curve with a radius of 50.00', thence N 370 44' 48" E, 146.02', thence S 350 10' 46" E, 102.26', thence N 01 ° 00' 02" W, 610.38' to the point of beginning. LEGAL DESCRIPTION Co's SHORT PLAT NO. SPL00-0012 (west) Parcel No. 172105-9099 That portion of the East half of the Northwest quarter of the Northeast quarter of Section al•, 17, Township 21 North, Range 5 East, W.M., in King County, Washington, described as %an follows: Beginning at a point on the East line of the East half of the Northwest quarter of the cs Northeast quarter of Section 17, Township 21 North, Range 5 East, W.M., in King County, Washington, said point being 30 feet South of the Northeast corner thereof; Thence N 890 55' 24" W, 180.78' to the true point of beginning; Thence N 890 55' 24" W, 245.1 1', thence S 01a 08' 54" E, 519.92', thence S 890 55' 24" E, 195.30', thence N 01 ° 00' 02" W, 100.00', thence N 040 25' 22" W, 293.82', thence N 421 26' 34" E, 84.76', thence N 06° 30' 37" E, 64.78', to the point of beginning. Storm Water Easement and Maintenance Agreement -East & West Page 5 of'] 0 EXHIBIT `B' Stormwater Pollution Prevention Plan for SCHROEDER SHORT PLATS SEPA# SEP01-0006 FAC# 01-0039 CL; C"A Site Address: ~Jn a The project is located in NE 1 V, Section 17, Township 21. North, Range 5 C11h East, W.M., south of SE 320th St., east of 110th Ave. SE and west of 112th Place SE., in the City of Auburn. The two on-site roads will be private streets. There are two existing lots. The Tax Parcel Nos. are 332790-0270 and 172105-9099. Introduction: The project consists of two side-by-side short plats, each with four lots. The site is currently undeveloped. East Short Plat #SPL00-0011: The project will create 4 single family residential lots from an existing 2.66 acre large lot. The area is zoned R 1. The property fronts on SE 320th St. Access to the new lots will be from a new short cul-de-sac private road that will be connected to SE 320th St. This road will include a turnaround bulb at its terminus. The property includes existing wetlands within the southern portion of the site. These wetlands, along with a 50' average buffer, will not be disturbed and will be set aside within a Sensitive Areas Easement. To serve the new lots, a sanitary sewer main will be installed within the new road, as well as water service pipes and other utilities. The frontage road, SE 320th St., will be improved with curb, gutter and sidewalk as well as any necessary pavement widening. Fill be required to construct the road, while excavation will be required for the drainage pond and the utility trenches. There is also an open drainage ditch that along the northwest property line. Storm Water Easement and Maintenance Agreement - East & West Page 6 of 10 1 West Short Plat #SPL00-0012: The project will create 4 single family residential lots from an existing 2.36 acre large lot. The area is zoned R 1. The property fronts on SE 3201h St. Access to the new lots will be from a new short cul-de-sac private road that will be connected to SE 320th St. This road will include a turnaround bulb at its terminus. The property includes an existing drainage ditch that runs through the center of the site, flowing east to west. This drainage course will remain within a public drainage easement. To serve the new lots, a sanitary sewer main will be installed within the new road, as well as water service pipes and other utilities. The frontage rood, SE 320th St., will be improved with curb, gutter and sidewalk as well as any necessary pavement widening. Fill be required to construct the road. The drainage from both short plats will be piped into a common open_ detention pond. The pond will discharge into the existing drainage ditch that runs through the property. This existing drainage ditch will be improved with gross-lining to provide a measure of biofiltration. Plan Goal: The goal of the plan is to collect and treat all runoff from the onsite roads and driveways and from the roof downspout gutters for the new houses by means of catch basins and pipes. The runoff will be piped into an open detention pond with grass lined sides. The sides will be graded at a cl-i 0 3:1 slope which will maximize the surface area that the pond will have on its volume. The existing on-site ditch currently receives drainage flows N from the public drainage system within SE 320th St. This ditch will be re- o constructed as a grass-lined biofiltration swole. The flows that run through the ditch will receive a certain measure of water quality enhancement rv o by traveling across the grass-lined ditch section. 0 Preventative BMP's: The catch basins shall have stenciled next to them "DUMP NO WASTE - DRAINS TO GROUNDWATER". There are generally no direct activities related to the residential short plat's function that would generate hazardous spill potential. Any activity that involves pollutants such as such as oil changes, yard fertilizing, etc. are regularly performed by professionals hired by the homeowner. Automobile maintenance will generally be performed off-site. The City will be responsible for inspection Storm Water Easement and Maintenance Agreement East & West Page 7 of 10 of the on-site biofiltration swole and the catch basins within the SE 320th St. ROW. The private homeowners will be responsible for the detention pond and the on-site catch basins. The public catch basins and bioswale will be visually inspected for accumulation of debris and silts and will be maintained as required or as dictated by the City's maintenance routine. The private catch basins and detention will be inspected by the homeowners on a semi-annual basis. CI. Treatment BMP's: C cW r The existing ditch being converted to a biofiltration Swale will provide a degree of water quality treatment to the existing public drainage that currently receives little treatment in this area. The on-site detention pond will provide settling capability and biological treatment along the grass covered surfaces. In addition, the flow restrictor located within the detention pond will act as an oil/water separator. The detention pond will also provide a measure of treatment for the runoff due to the long residence time for the flows within the large pond. Inspection: The pond and private roads' drainage facilities will be inspected twice a year by the homeowner's representative. The typical inspection dates will be April 1 and October 31. The systems will also be checked immediately after large storm events and during heavy wind storms. Records of inspection will be kept for a minimum of 5 years and will be available for review by the City Inspector. The items that will be inspected include the flow restrictor, detention system and catch basins. Maintenance: To ensure proper treatment by the detention pond grass surface, it must be properly maintained. During the summer months, the pond must be mowed regularly, maintaining a grass length of approx. 6 inches with proper removal of all grass clippings. Removal of any deposits or sediments over 4" deep or covering the grass is also necessary. Remove the sediments, re-seed and fertilize as necessary. Fertilizing must be done sparingly and during a dry period so that the fertilizer is not carried through to the downstream drainage system. The flow restrictor shall be inspected twice a year as specified above. When any floating matter exceeds 1 " in depth, it must be skimmed off the surface and properly disposed. The sediment accumulation within the detention system and Storm Water Easement and Maintenance Agreement - East & West Page 8 of 10 the catch basin sumps must be checked and removed if over 4" in depth. Person of Responsibility: Walt Schroeder (or current owner) 16608 SE 331 st St. Auburn, Wa. 98092 Contact: Walt Schroeder Phone: (253) 333-7406 City of Auburn Public Works Dept. Auburn, Wa. 98002 Plan Prepared By: James Jaeger, P.E. 9419 S. 204th PI. Kent, Wa. 98031 (253) 850-0934 The City of Auburn Utilities Section is to review and approve any changes to this Stormwater Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City Utilities Section. C%4 The drainage facilities within SE 3201h St. and the on-site public drainage c ditch will be public facilities and will be maintained by the City Public C1.3 Works maintenance staff. The inspection schedules for the public facilities are established by the City. It is recommended that the biofiltration swale be inspected at least twice a year, in the spring and again in the fall. However, the City will incorporate this plat into its maintenance schedule, which will determine the frequency of inspections. Storm Water Easement and Maintenance Agreement - East & West Page 9 of 10 • PRIVATE SYSTEM INSPECTION / MAINTENANCE CHECKLIST Structure Date of Inspection/Maintenance CB#5 Insp. Results Maint. Done CB#6 Insp. e•„ Results 9-0, Maint. Done C1.4 CB#7 Insp. n, Results Main t_ Done o CB#8 Insp. Results Maint. Done CB#9 Insp. Results Maint. Done CB#10 Insp. Results Maint. Done CB#11 Insp. Results Maint. Done CB#12 Insp. Results Maint. Done CB#13 Insp. Results Maint. Done Det. Pond Insp. Results WW/bd Maint. Done File: 2.1, 4.1 REF. FACO1-0039 (STM WAT EASE & MAINT AGRMNT E & W)\E02-493 • Y Storm Water Easement and Maintenance Agreement - East & West Page 10 of 10