HomeMy WebLinkAbout20001205002022 STORM EASEMENT 120500F
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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Above this line reserved for recording information.
STORM WATER EASEMENT' AND MAINTENANCE AGREEMENT
(FA000-0010, BLD00-0071 and BLD00-0072)
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Whitehead Enterprises, LLC 2)
Additional on page:
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a Grantee/Assignee/Beneficiary: City of Auburn
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CM Legal Description/STR: NW '/4, 06-21-05 Additional on page:
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Assessor's Tax Parcel ID#: 000400-0055, 885777-0010
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C= THIS EASEMENT AND AGREEMENT made and entered into this /$r" day of
~ Sep i c,"~ , 20 00 , by and between the City of Auburn, a municipal corporation of
C'd King County, Washington, hereinafter referred to as "CITY" and Whitehead Enterprises, LLC,
a limited liability company, located at 2807 Auburn Way North, Auburn, WA 98002,
253.833.4700, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 708 & 713 35 St. NE, 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 running with the land and binding
upon all heirs, successors and assigns of both parties; and
Storm Water Easement and Maintenance Agreement
Page 1 of 8
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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
o repairs.
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NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
N THE PARTIES AGREE AS FOLLOWS: Said dooumvnt(#) wars
record by Pacific Northwast i
acoomrriodation only. k has not A«
Section 1, EASEMENT examined as to proper exearlion of
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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
for the City of Auburn under Permit Nos. FAC00-0010, BLD00-0071 and BLD00-0072, 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
Page 2 of 8
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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 . WORKS,
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Owner Date
Storm Water Easement and Maintenance Agreement
Page 3 of 8
STATE OF WASHINGTON)
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COUNTY OF KING )
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o I certify I have know or have satisfactory evidence that 17 "w'j
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is/are the
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
o acknowledge as the of
o the f l/~,iTE r0 Q~VI21sc-S , a limited liability company, to be the free and
voluntary act of such part y for the uses and purposes mentioned in the instrument.
Dated 9-16-00
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Not Pubb and r the State of Washington KqN
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residing at
My appointment expires I Ica lab
STATE OF WASHINGTON)
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County of King )
I certify that I know or have satisfactory evidence that u`11kt `S~'N& 1q• E N
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 of s ch party for the uses and purposes mentioned in this instrument.
Dated i1 qb 0
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10,
110 . o N -
OTAS;,p ;1
PLeLIC
Notary Public in and for the State of Wa ngton
111;9 1 g: o~ residing at ^1
h~~Ckyy"A'_- My appointment expires
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REF. H:\FAC\FA000-0010 (STM WAT EASEMENT & MAINT AGREE)\E00-723, BLD00-0071 (STM WAT
EASEMENT & MAINT AGREE) and BLD00-0072 (STM WAT EASEMENT & MAINT AGREE)
Storm Water Easement and Maintenance Agreement
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EXHIBIT `A'
LEGAL DESCRIPTION.-
PARCEL "A.
THE SOUTH 53.194 FEET OF THE NORTH 292512 FEET OIL THE
EAST 69&64 FEET cF N.N. ovfs DANAT7CN CLAIM, S£C77OYI 6,
TOMNSN/P 21 NORTH.. RANG 5 EAST WM., IN KING L10UNTY,
WAS7//NGTAU,-
EXCEPT THE NEST JO FEET TNEREOr AS CONYEY£D TO KING
COUNTY FOR AUBURN WAY NCRIN;
AND EXCEPT THE NORTH HALF TNL7PEA~
AND EXCEPT THAT PORAON THEREAT cavicYED TO THE ary or
AUBURN FAQ SAID AUBURN WAY NCIRTH BY DEED RECORDED
UNDER RECORDING Na 63/0376,•
AND EXCEPT THAT PARAAN or THE .SYJUTH£AST OUARTER OF THE
NAPT7IN£ST OUAR7ER OF STUD SEC770N 8 AESCRIBED AS F04LOWS
WOWING AT THE SOU7HNEST G1pQNER Or LOT 1. CITY or
AUBURN S?IAQT FLAT NO SP-JS-74 AS RECORDED UNDER
RECORDING NO 7812200454 SAND CORMN BEING ON 7H£ EAST
MARGIN Or AUBURN WAY N0R7H,•
THENCE SOUTH 001792' EAST ALCIIG SVD EAST MARCXN 450
FEET,•
THENCE NORTH 8852:T1' EAST' 669.99 FEET 7O A POINT ON THE.
NEST MARaw or STR££T NORTHEAST SAID POINT L PING SOUTH
005118' EAST 1.00 FOOT FROM/ 7H£ SOUTHEAST GARNER Ar,SNO .
LOT l;
THENCE NORTH 005/18' NEST 1.00 FOOT TO SAID SOUTHEAST
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CARNER,-
THENCE S0U7H 5897018' NEST 70 THE PCINT or BEGwN/NO AF
THIS EXGPAAI;•
(ALSO BEING KNOW AS LOT 14' IN LOT LINE ADAISTMENT NO
LLA-6-87 RECORDED UNDER RECORDING NO 8704010532),~
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SITUATE IN THE COUNTY OF-KING STATE Or WASHINGTON.
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PARCEL NO 885 777-0 010
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PAR_ CEL "9
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R/AT PAQALW OF LOT / or VALLEY PLACE AOCAQOING 1O ALA
RECCROW IN VOLUME 124 Of FLA IS A r PA
S 29 AND X #v
S FOLLOWS
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1); WA_WNGTGYK ~ OESOW8ED A
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CAVMENC7NG AT THE NOR7HNETT GYI4NER Of SAID LOT 1;
THENCE NORTH 895716' EAST ALAWC THE SOUTH MARLIN A`
,XAH STREET NARTHEST A DISTANCE or 27500 FErl.
THENCE SOUTH 0075'50' NEST A DISTANCE A' 151125 FEET,•
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THENCE NORTTI 8919J0' NEST A DISTANCE OF 27500 FEE7 TD
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THE EAST MARGTN OF AUBURN WAY NARAk
THENCE NORTH OOLti' '50' EAST Al.W. SAID MARGN A DISTANCE
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Or 15520 FEET TO THE TRUE PUNT or 8£pNN/m!
(ALSO KNOW AS PARCEL A Or AL•. AN LOT UNE AOwS7M£NT
N0 17-&B RI-COWED UNDER nZF!'~QWO NQ 88110907JT.)
PARCEL Na 000400-0055
Storm Water Easement and Maintenance Agreement
Page 5 of 8
EXHIBIT `B'
STORMWATER POLLUTION PREVENTION PLAN
for
Auburn Nissan
FAC00-0010
BLD00-0071
BLD00-0072
GRA00-0002
Site Address: Auburn Way N., and 35" St. NE
Tax Parcel No.: 000400-0055 and 885777-0010
The project is located in the NW of Section 6, Township 21N, Range 5E, between
Auburn Way N and I St.. A portion of the site occupies the entire north side of 35th St.
between I St. and Auburn Way N, and a second portion occupies the southeast corner of
35'h & Auburn Way N.
Introduction:
This project proposes to develop approximately 5.53 acres of existing tall grasses and a
few trees. The soils consist mostly of silty sand. Work includes the improving of 35'h St.
with storm drains, sanitary sewer, street lighting, paving and sidewalks. In the north
parcel, catch basins and storm drainage pipes will be installed within the parking areas to
convey runoff from bioswales to a pair of detention pipes located in the northwest corner
of the site. In the south parcel, runoff will sheet flow to a swale (not a biofiltration Swale)
and, from there, directed via a storm drain pipe to a detention pipe located in the
northwest corner of the site. Roof downspouts will be individually tightlined to the catch
basins. No off-site runoff enters the site. After development, there will be 2.92 acres of
impervious area on the north parcel and 0.71 acres on the south parcel. The remaining
site areas will be landscaped. 35th St. runoff will temporarily be directed to Auburn Way,
as the storm drain in I St. is not deep enough. However, the pipe will be sloped down
towards I St. so that it can be connected to a future storm drain pipe in that street.
Ultimately runoff in 35th St. will be directed to a regional detention system.
Plan Goal:
The goal of the plan is to treat all runoff from the north parcel through bioswales. The
parcel to the south is below one acre, so treatment is not required. Due to silty soils,
infiltration is not proposed. Detention will be provided for the 100 year storm for the
north parcel and 25 year storm for the south parcel.
Preventative BMP's:
Storm Water Easement and Maintenance Agreement
Page 6 of 8
The catch basins shall have stenciled next to them "DUMP NO WASTE-DRAINS TO
STREAM'. Car washing shall be done in covered areas and wash water will be drained
to the sanitary sewer. The parking lot shall be swept as necessary to remove debris.
Treatment BMP's:
Four separate bioswales will be used to treat storm water runoff.. These will collect
runoff directly from surface flow, for the most part. Overflow systems are proposed to
prevent storms larger than the two year events from entering the swales. Grass height
will be maintained at sixinches or higher to treat a water flow of three inches.
Inspection:
Inspect the bioswales 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. Inspect catch basins once ayear for sediment depth in the sump.
Maintenance:
To ensure proper water quality treatment, the bioswales 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 or covering vegetation is also
necessary. Remove sediments, fertilize, and re-seed as necessary. Be careful to avoid
introducing fertilizer to receiving water or ground water.
Person of Responsibility:
Person of Responsibility (5/16/00)
Butch Whitehead
2807 Auburn Way'N
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Auburn, WA 98002
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253-924-0335
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Engineer Preparing.Plan:
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David C. Dougherty
.310 208th St. SE
Bothell, WA 98012
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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 mi its implementation.
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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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REF. H:\FACIFAO00-0010 (STM WAT EASEMENT & MAINT AGREE)\E00-723, BLD00-0071 (STM WAT
EASEMENT & MAINT AGREE) and BLD00-0072 (STM WAT EASEMENT & MAINT AGREE)
Storm Water Easement and Maintenance Agreement
Page 8 of 8