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Home My WebLink About20000301000881 STORM EASEMENT 031000Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 I 11il ill Ili 200003 01 0 881 PACIFIC NU TIT EAS PAGE eel OF 009 .00 03/01/2000 12-09 KING COUNTY, ~A Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00019-98 and BLD0367-98) Reference # (if applicable): N/A Additional on page: Grantor/Borrower- 1) Meadow Valley, LLC 2) Co Additional on page: co Grantee/AssigneeBeneficiary: City of Auburn c= o Legal Description/STR: SW 19-21-05 Additional on page: Assessor's Tax Parcel ID#: 192105-9130 0 C=) & a THIS EASEMENT AND AGREEMENT. made and entered into this day of ° ~a n u- ; ~'7aa , by and between the City of Auburn, a municipal corporation of King Count , ashington, hereinafter referred to as "CITY" and Meadow Valley, LLC, a Washington limited liability company, located at 3615 West Valley Hwy. N., #101, Auburn WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 418 17 Street SE, Auburn, WA, which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm 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 runnLngjw~tl~i,the,fiar~~adi#~tnEing upon all heirs, successors and, assigns of both parties; and record by P:!Cit c 'uaririt,;cst Title as cr,;~rrr~1~~!s^ ? cnly. It hw not been rsrnrt!;.^.:lr~ •ati O -OX00I' GXIDCOW or Storm Water Easement and Maintenance Agreement as a s v1f'}ct upon titw- Page I of 9 EXCISE TAX NOT REQUITED ~~Co. -,cords pivisior ~1L-- pe:puty 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. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED C0, THE PARTIES AGREE AS FOLLOWS: 0 o Section 1, EASEMENT 0 M PROPERTY OWNER hereby provides an easement over, under and on that portion of the o property as showing on the approved Record Drawings revised pursuant to construction records o for the City of Auburn under Permit No(s). FA00019-98 and BLD0367-98, which Record C*li 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 Page 2 of 9 0 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. cc cxf C:D r-- M C? C3 O C_9 N CITY OF AUBURN DIRECTOR OF PUBLI ORKS jo, Ow ner D, , Owner Date:.'' L :t .J ' if Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that 14r be-zd- CX3 ooo is/aV the o person who appeared before me ands d pi [Vi llacknowledged that hel eft y signed this instrument on oath stated that heJs thA was/were authorized to execute the in ent and Cn Cy') 0 0 0 0 N acknowledge as the ryN aN the a limited liability company, to be the free and voluntary act of suc party for the uses and purposes mentioned in the instrument. Dated ' U ~ :p'oNOTAF,1.$~. 0 W. ~~1•~ j PUBLIC STATE OF WASHINGTON) )ss. County of King ) r v(A - otaryP n and for . esiding at cxn c-o My appointment expires F ate of Washington of I certify that I know or have satisfactory evidence that C s~ e q l Erz 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 DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary act o~ such party for the uses and purposes mentioned in this instrument. Dated l oa Q.~ 00 \SVON o0 NOTAF•y y: I U ' PUBLIC .NG WASO_ DM/bd REF. H:\FAC\FAC19811\E99-1373 I ~zr2~ ~.•~!iiG~~~ Notary Puhltcm and f 6r t e tate of Washington esiding at -r c.s.), co a it My appointment expires 11/19103 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT `A' LEGAL D ESCRIP TI ON PARCM A THE CAST 132.19 = OF THE NORTHEAST QUARTER OF GOVERNMENT LOT J. SEC77CN 19. T0WNSrl1P 21 NORM RANCE 5 EAST, W -W.. IN KING COUNTY, WASr.*ING, ON. ' XCZ'T 7HE NORTH 305 F=-7 7HEREOF,• Tt7GEs-r±ER WTH THE WEST HALF OF THE NORTHW£S7 CUAR7 ? OF THE NORTHEAST CUARTiF' CF THE SOUTHWEST OUARTEF OF SAID SEC77ON 19. TOWNSHIP 21 NORTH, RANCE S' EAST, W.M.. EXCZ-1T THE NORTH 30 FEET THE?EOF FOR 17 STREi S.: ALSO c'7fCEP7 THE EAST 70 F=-7 OF THE NORTH 200 F;~T OF SAID WEST HALF Cr THE NORTHWEST QUARTER OF THE NORTHEAST QUARTET'? OF THE SOUTHWEST QUARic'"". ALSO VCE*T ANY PORTTON THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE SEGNNING AT THE NORTHEAST CORNER OF 7HE WEST 200 F=T OF THE NCR-',4 200 CF SAID WEST HALF- THE- - SOUTH 00 0141" EAST A DISTANCE OF 200 F z , MORE OR LE To ir1E Q° SOUiri LINE OF SAID NORTH 200 AND THE TERMINUS OF SAID LINE Co DESCRIPTION: c= (ALSO KNOWN AS A PDR710N OF CITY OF AUBURN LOT LINE AD.IUSiMENT N0. LLA_ cla 15-87. RECORDED UNDER RECCRDING NO. 8707270129). Ca Cn C= C= N Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT `B' ca CCk c~ M O Q CM For your information: N Stormwater Pollution Prevention Plan For (Meadow Valley) 81-Unit Apartment Complex' SEPA#0033-97 BLD#0367-98 FAC#0019-98 1) Reference the January, 1994 (Revised), King County, Washington; Surface Water Design Manual & the February, 1992, Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology. 2) Definitions for the following are found in the above referenced manuals. a) Preventative BMP's b) Treatment BMP's c) . Inspection d) Maintenance 3) Submit to the City of Auburn, Development Section, Engineering Division for approval, prior to signature by developer. 4) Attach storm drainage map to your stormwater pollution prevention plan. Site Address 418 17`h Street Southeast, Auburn, Washington. Tax Parcel Number #A=192105-9130, #B=192105-9342. The project is located in Section 19, Township 21 North, Range 5 East, W.N1., in the Northwest Quarter of the Southwest Quarter Section. Introduction The parking areas are designed to convey runoff to several catch basins located within the roadway. In addition, curb cuts are designed to convey the runoff to the catch basins. Ultimately, the catch basins will convey the water to a biofiltration swale located in the central courtyard area. This runoff will be, routed through the biofiltration swale for water quality treatment. The runoff will be further conveyed to an infiltration pond located on the southern portion of the site. There is no contributing offsite drainage. In addition, several dry wells are designed ten feet from of the buildings. Storm Water Easement and Maintenance Agreement Page 6 of 9 Plan Goal The goal of this plan is to treat all onsite runoff for water quality by directing flows through a biofiltration swale, ultimately to an infiltration facility. The infiltration facility is designed to detain runoff volumes up to the 100 year/24 hour storm event with 1 foot of freeboard. In addition, there are several factors of safety on the infiltration pond sizing. These factors of safety include a very conservative infiltration rate and a 30 percent increase in size on the infiltration pond facility. All runoff is designed to infiltrate, consequentially increasing water quality substantially. Preventative BivIP's The catch basins shall have stenciled next to them " DUMP NO WASTE-DRAINS TO GROUNDWATER". Activity that involves pollutants shall be done under a covered area. The parking lot shall be swept as necessary to remove debris. Treatment BNI;P's An onsite biofiltration Swale has been designed to convey and treat runoff for conventional pollutants. The two year storm event is used to design the biofiltration ec, Swale for water quality treatment, in addition the Swale is sized to convey runoff for the ~ ten and hundred year storm events. C= Inspection 0 crl C=5 cm C= a C'V Inspect the biofiltration swale at least twice a year, especially after periods of heavy runoff. Maintenance records must be kept for five (5) years and available for City inspector review. Maintenance To ensure proper water quality treatment, the biofiltration swales must be properly maintained. During summer months the swales must be mowed regularly, maintaining a grass length of approximately six (6) inches with prompt removal and proper disposal of grass clippings. Removal of any sediment six (6) inches deep of covering vegetation is also necessary. Remove sediments, fertilize, and re-seed as necessary. Be careful to avoid introducing fertilizer to receiving waters or ground water. Person of Responsibility ,Name: Roger Hebert Address: 3615 West Valley Highway North, Suite 101, Auburn, WA 98001 Emergency Contact, Phone Roger Hebert (253) 931-8888 Signature of Person of Responsibility. Date: Storm Water Easement and Maintenance Agreement Page 7 of 9 Engineer Preparing Plait Name: Dana B. Mower Address: 502 16`h Street NE. Suite 312. Auburn, WA 98002, (253) 887-0924 o. o Plan and/or Information Updates o The City of Auburn Utilities Section is to review and approve any changes to this 0 Stormwater Pollution Prevention Plan prior to changes in its iinplementation. Additionally, any changes in ownership or person of responsibility are to be reported to o the Cities Utilities Section. 0 N Storm Water Easement and Maintenance Agreement Page 8 of 9 INSPECTIONWAINTENANCE CHECKUST 00. m 0 Q Q C= C"7 C= O O c~ C' 4 REF. H:\FAC\FAC19811\E99-1373 and BLD0367_.9$\STMWATEASE&MAINTAGREE STRUCTURE DATE OF INSPECTION MAINTENANCE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CH or MH# INSP. RESULTS MAINT. DONE Control Structure' INSP. RESULTS MAINT. DONE Control Structure INSP. RESULTS MAINT. DONE BIO-SWALE INSP. RESULTS /bd MAINT. DONE D1 Storm Water Easement and Maintenance Agreement Page 9 of 9