HomeMy WebLinkAbout9902052100 STORM EASEMENT 020599A 3- ) 3
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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) Suncoast Associates, L.P. 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW 13-21-04 Additional on page: Jr
Assessor's Tax Parcel ID#: 132104-9105, 132104-9106-00
THI EASEMENT ~AD AGREEMENT made and entered into this ~ day of
G t~L , 19i~5 , by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Suncoast Associates, L.P.,
located at 1560 140 Ave. NE, Suite 100, Bellevue, WA 98005, hereinafter referred to as
"PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at Lund Industrial Park 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 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 1 of 8
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:
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Section 1, EASEMENT
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PROPERTY OWNER hereby provides an easement over, under and on that portion of the
® property as showing on the approved Record Drawings revised pursuant to construction records
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for the City of Auburn under Permit Nos. FA00014-98 and BLD0225-98, which Record
Drawings are hereby incorporated by reference as if set out in full. This easement shall be a
burden to thaf'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 8
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
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DIRECTOR OF PUBLIC WO KS .S'~~ ..Caags-T C1
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Storm Water Easement and Maintenance Agreement
Page 3 of 8
STATE OF WASHINGTON)
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County of King )
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I certify that I know or have satisfactory evidence that C_Uuka r Md f (4~
and is/are the person(s) who appeared before
me, and said partner(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
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STATE OF WASHINGTON)
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County of King )
I certify that I know or have satisfactory evidence that
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 DIRE TOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and
voluntary, a of su rh_varty for the uses and purposes mentioned in this instrument.
Dated v~-
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REF. H:\FAC\FAC1484\E98-1075 and BLD0225 .98\STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
Page 4 of 8
Notary Pub & in and for the Stat of Washin on
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-5-86, RECORDED UNDER
RECORDING NO. 86-9081079 AND AMENDED BY CITY OF AUBURN SHORT
SUBDIVISION NO. SP-5-86R, RECORDED UNDER RECORDING NO. 8709141001.
PARCEL B:
LOT 2 OF CITY OF AUBURN SHORT SUBDIVISION NO. SP-5-86 RECORDED
UNDER RECORDING NO. 86-9081079 AND AMENDED BY CITY OF AUBURN
SHORT SUBDIVISION NO. SP-5-86R RECORDED UNDER RECORDING
NO. 8709141001,
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT
THE NORTHWESTERLY CORNER OF SAID LOT 2;
THENCE ALONG
THE NORTHERLY LINE OF SAID LOT, SOUTH 89'12'20"
EAST, 150.72
FEET;
THENCE SOUTH
00'7'40' WEST, 358.03 FEET TO THE SOUTHERLY LINE
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OF SAID LOT;
.THENCE ALONG
SIAD SOUTHERLY LINE, SOUTH 83'13'22" WEST, 142.84
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT;
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THENCE ALONG
THE WESTERLY LINE OF SAID LOT, NORTH 00
35
36"
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WEST, 376.96
FEET TO THE POINT OF BEGINNING.
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(ALSO KNOW AS
LOT B OF CITY OF AUBURN LOT LINE ADJUSTMENT NO.
LLA-0003-96 UNDER RECORDING NO. 9603071512A).
PARCEL C:
AN EASEMENT FOR PRIVATE ROAD, AS DELINEATED ON CITY OF AUBURN
SHORT SUBDIVISION NO. SP-5-86, RECORDED UNDER RECORDING
NO. 8609081079 AND AMENDED BY CITY OF AUBURN SHORT SUBDIVISION
NO. SP-5-86R RECORDED UNDER RECORDING NO. 8709141001.
EXCEPT ANY PORTION THEREOF LYING WITHIN PARCELS A AND 8 ABOVE.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL ,#'S: 132104-9105, 132104-9106-00
Storm Water Easement and Maintenance Agreement
Page 5 of 8
EXHIBIT "B"
Stonmwater Pollution Prevention Plan
Site Address
This project is located on Lots 1 and 2 ,of SP-5-86 in Section 13, Township 21 N.,
Range 4 E., W.M. The Tax Parcel numbers are 132104-9105 and 132104-9106.
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Introduction
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0 This project involves the construction of a 67,000 sf warehouse, detention vault, storm
O pipe system. Stormwater will be collected into storm pipes and conveyed to a detention
vault. The runoff will then be released via a control structure to the existing stone
system west of the site. The runoff calculations were based on the site being nearly
90% impervious after final development resulting in 3.42 acres of impervious and 0.38
acres of pervious.
Plan Goal
The goal of the plan is to treat the runoff for water quality before it enters the public
storm system on Lund Rd.
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
Preventative Best Management Practices (BMP's) shall be implemented to ensure that
the water quality measures or provided to site discharge. Such practices include the
following:
1) Areas which discharge runoff to the stone drainage system should be
kept free of debris and any dangerous wastes which may pollute the
stone 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 6 of 8
Stormwater Pollution Prevention Plan (Cont.)
Treatment BMP's
A biofiltration swale has been designed to convey and treat runoff for conventional
pollutants. It is located on Puget Sound Tire's property, west of this site.
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 King County, Washington. Surface Water Design Manual. Appendix A.
Maintenance Requirements for Privately Maintained Drainage Facilities for
Maintenance requirements.
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L~ Person of Responsibility
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C~ Northward
1560 140'h Ave. NE, Ste 100
Bellevue, WA 98005
Contact: Gerald Molitor
Phone: 425-747-1726
Design Engineer. Rupert Engineering, Inc.
Contact: Larry Krueger
1519 West Valley Hwy. N., Suite 101
Auburn, WA 98001
Plan and/or Information Updates`
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 7 of 8
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INSPECTION\MAINTENANCE CHECKLIST
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STRUCTURE DATE OF
INSPECTION MAINTENANCE
CS OR SO#
INSP. RESULTS
MAINT. DONE
C8 OR SO#
INSP. RESULTS
IMAINT. DONE
ICS OR SO#
INSP. RESULTS
MAINT. DONE
C8 OR SO#
INSP. RESULTS
MAINT. DONE
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C8 OR SD#
INSP. RESULTS
MAINT. DONE
C8 OR SD#
INSP. RESULTS
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MAINT. DONE
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CS OR SO#
INSP. RESULTS
MAINT. DONE
C8 OR SD#
INSP. RESULTS
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MAINT. DONE
C8 OR SO#
INSP. RESULTS
MAINT. DONE
C8'OR SC*
INSP. RESULTS
MAINT. DONE
CB OR.SD:# I
NSP. RESULTS
MAINT. DONE
CS OR SC* I
NSP. RESULTS
MAINT. DONE
C8 OR SD# I
NSP. RESULTS
MAINT. DONE
IDET.VAULT ' I
NSP. RESULTS
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AINT. DONE
DET. VAULT I
NSP. RESULTS
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AINT. DONE
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Storm Water Easement and Maintenance Agreement
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