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Home My WebLink About9904152142 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 (1"A%,UUJL-5F5, l5LllUaLJ-v?5 ana (i.KAUUI`J-Y75) cz ~.r G'7 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 _CL 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; w and 19 Y a w 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 r l! CU 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 ~i 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 .Q 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 c1 u - ' ~.1E A, SSION ~ o° t,0TARp °---!®1* PUBLIC C 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 c~ » c Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT «B„ CONSULTING ENGINEERS/CIVIL ANO STRUCTURAL cl C 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 t i . Storm Water Easement and Maintenance Agreement Page 6 of 9 w 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 C12 0 following: TA ' 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 • . Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's A wetpond has been designed to treat runoff for conventional pollutants. C12 '1' C`1 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 ci ~r 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 WW/bd REF. H:TAC\FAC32851E98-1141, BLD523_.98\STMWATEASE&MAINTAGREE, and GRA0019 .98\ STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 9 of 9