HomeMy WebLinkAbout9904152142 STORM EASEMENT 041599A 3.13.E
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
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Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) John and Rita Santillanes 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE '/4, 13-21-04 Additional on page:
Assessor's Tax Parcel ID#: 132104-9019
THIS EASEMENT AND AGREEMENT made and entered into this day of
19, by and between the City of Auburn, a municipal corporation of
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King County, ashington, hereinafter referred to as "CITY" and Jahn & Rita Santillanes,
located at 18965 SW 84, Tualatin, OR 97062, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
8 construction of facilities at 401 8`' St. SW, Auburn, WA 98001 which create impervious surface;
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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 running with the land and binding
upon all heirs, successors and assigns of both parties; and
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Storm Water Easement and Maintenance Agreement
Page I of 9
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
THE PARTIES AGREE AS FOLLOWS:
Section 1, EASEMENT
PROPERTY OWNER hereby provides an easement over, under and on that portion of the
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C`d property as showing on the approved Record Drawings revised pursuant to construction records
for the City of Auburn under Permit Nos. FA00032-98, BLD0523-98 and GRA0019-98, which
Record Drawings are hereby incorporated by reference as if set out in full. This easement shall
C 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
41
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
3
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
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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
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
Vm~~~ `mil
DIRECTOR OF PUBLIC WO 5
Storm Water Easement and Maintenance Agreement
Page 3 of 9
Owner Date
STATE OF WASHINGTON
)ss.
County of King )
I certify that I know or have satisfactory evidence that J
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 u$es and purposes mentioned in this instrument.
Dated ale kWaA, c,) , 15Ci'1
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~.1E A,
SSION
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PUBLIC
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t~j, 9p Oc
9 ?t Y~
STATE OF WASHINGTON
)ss.
County of King )
Notary Public i and for the State of Washington
residing at
My appointment expires 05 1 0D
I certify that I know or have satisfactory evidence that 6'"hu M l
is the person who appeared before me, and said person acknowledged that he sign 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 of suA party for the uses and purposes mentioned in this instrument.
Dated \ `1°t
,00 "tt. KOF
Q. S~pN EXp~ i~ ,
2~: RV 9 o ary Pub FN; ' in and fort State of a ~ington
rq L41 o Z: residing at QJt
Q:
QVOUG ti; 0~ My appointment expires
.
'fie 19 ~
.,~q~UAIN
F1WP5~~.
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT "A'
LEGAL DESCRIPTION
LOT 3 OF CITY OF AUBURN SHORT PLAT NO. SPL 0002-98.
PARCEL 132104-9019
N
KY
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Storm Water Easement and Maintenance Agreement
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EXHIBIT «B„
CONSULTING ENGINEERS/CIVIL ANO STRUCTURAL
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POLLUTION PREVENTION PLAN
OF
BEST WESTERN PEPPERTREE INN
8T11 ST. SW
AUBURN, WA
FOR
E.A. WHITE CONSTRUCTION
AUGUST 1998
R.E. JOB NO. 98105
1519 Was, Valley Hghway NcrtNSuite 101
Post Office tax 836/Aubum. OVA 96071
253.833.7776 Fax 253.339.2168
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Storm Water Easement and Maintenance Agreement
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Stormwater Pollution Prevention Plan
Site Address
This project is located in SE Section 13, Township 21 N., Range 4 E. W.M. The site
is located west of "C" Street on 81h St. SW. The site's Parcel No. is 132104-9019.
Introduction
This project involves the construction of a 102 unit motel on a 2.08 acre lot.
Stormwater will be detained and treated via a wetpond located on the site west of this
project. All roof runoff will be collected into roof drains and conveyed directly to the
storm system.
Plan Goal
The goal of the plan is treat the runoff for water quality before discharging to the
drainage ditch northwest of the site.
The property owner is required to enhance and protect water quality due to stormwater
discharges from the site, as dictated by the City of Auburn's Developer Design Manual.
In this document, the site's storm drainage system is generally described and the
inspection and maintenance requirements are outlined.
Preventative BMP's
N
ry Preventative Best Management Practices (BMP's) shall be implemented to ensure that
T4 the water quality measures or provided to site discharge. Such practices include the
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0 following:
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' 1) Areas which discharge runoff to the storm drainage system should be
C kept free of debris and any dangerous wastes which may pollute the
storm drainage system. Storm drains shall be stenciled "DUMP NO
WASTE, DRAINS TO STREAM."
2) The storm drainage utilities should be properly maintained, as described
in the following sections.
Storm Water Easement and. Maintenance Agreement
Page 7 of 9
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Stormwater Pollution Prevention Plan (Cont.)
Treatment BMP's
A wetpond has been designed to treat runoff for conventional pollutants.
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Inspection
Regular inspection of the storm drainage facilities will ensure their proper function.
Inspection shall occur at least twice a year. Records of inspection and maintenance
shall be kept for five years and shall be available for City inspector to review.
Maintenance
Regular maintenance of the storm drainage facilities will ensure their proper function.
See Kina Countv. Washinaton. Surface Water Design Manual. Appendix A.
Maintenance Reauirements for Privately Maintained Drainage Facilities for
maintenance requirements.
Person of Resoonsibilit
E.A. White Construction Co.
18965 SW 84`n Ave.
Tualatin, OR 97062
Contact: Dick Jackson
Phone: 503-691-8311
Design Engineer: Rupert Engineering, Inc.
Contact: Lang Krueger
1519 West Valley Hwy. N., Suite 101
Auburn, WA 98001
Plan and/or Information Uodates
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.
Storm Water Easement and Maintenance Agreement
Page 8 of 9
14INSPECTION\MAINTENANCE CHECKLIST
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STRUCTURE DATE OF INSPECTION MAINTENANCE
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
CS or MH#
INSP. RESULTS
MAINT. DONE
CS 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
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REF. H:TAC\FAC32851E98-1141, BLD523_.98\STMWATEASE&MAINTAGREE, and
GRA0019 .98\ STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
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