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Home My WebLink About20010228000725 STORM EASEMENT 022801i k q: Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20010228000725 PACIFIC NW TIT EAS 15.00 PAGE 001 OF 008 02/28/2001 10:02 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT i • " (r'AUUU-UUl3 ana BLDUU-135) I-MAJ t acj 25_1:0 - is Reference # (if applicable): N/A Additional on page: V.4. r- 0 c~ 00 C1d N 0 c cv Grantor/Borrower: 1) Roempke Enterprises 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW '/4 & SW 06-21-05 Additional on page: Assessor's Tax Parcel ID#: 000400-0044 THIS EASEMENT AND AGREEMENT made and entered into this day of , 19 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Roempke Enterprises, a Washington partnership, located at 3401 Auburn Way North, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 3319 auburn Way North, 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 Pagel of 8 NOT REQtjjrq 1). g c ReAfrs Q='4sion Q~~ A 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. Lxl, NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: c~ Section 1, EASEMENT CCI J, 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 for the City of Auburn under Permit Nos. FAC00-0023 and BLD00-0135, which Record rawings ' 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 STATE OF WASHINGTON) )ss. County of King ) d911'yl I certify that I know or have satisfactory evidence that and is/ are p on(s) who appeared before me, and said partner(s) acknowledged that he/she/they signed t s instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated .2 j ,1111111 P".4, :~tioRMOO 0- a - ~OTARy ~f•Iff1111j1 C-D Cam/ G'V r- STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Christine M. Engler is.,the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she 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 such party for the uses anp poses mentioned in this instrument. Dated /,:g o I - NOTAIgy m :.G 1 ~ i tqPUBLIC y 10 No c in and f4orhe Sta o gton % 19- ~~~~~IrVASMNC~ DM/bd REF. FA000-0023 (STM WAT EASE & MAINT AGREE)\E00-859 Storm Water Easement and Maintenance Agreement Page 4 of 8 Notary,Pu .m, and for the State ot Washington residing at . My appointment expires X- a@ - I. Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS Lo. ev e~ m c.~ C4 PROPERTY OWNER acknowledges that there may be liability for violations of codes that could rett<lr in -addifional fWes gndl br the possibility of incarceration in addition to the fees for maintenance 'shoufd violations occur. EXECUTED as of the date first written above. CITY OF AUBURN DIRECTOR OF PUBLIC WORKS Owner Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 8 EXHIBIT `A' LEGAL DESCRIPTIONS: PARCEL 000400-0044 THE SOUTH 240.5 FEET OF THE FOLLOWING: THAT PORTION OF THE HARVEY H. JONES DONATION CLAIM, NO. 39 IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST MARGINAL LINE OF P.S.H. NO. 5 (EAST VALLEY HIGHWAY) AS IT EXISTED PRIOR TO 1964, 989.55 FEET SOUTH OF THE NORTH LINE OF THE SOUTH Y2 OF SAID H. H. JONES DONATION CLAIM, SAID POINT BEING ON THE NORTH LINE OF BONNEVILLE POWER EASEMENT AND MARKED BY A CONCRETE MONUMENT; THENCE SOUTH 89' 08' 45" WEST, ALONG SAID NORTH LINE OF BONNEVILLE POWER EASEMENT, 497.11 FEET, -TO THE NORTHERLY PRODUCTION OF THE EAST LINE OF THE PREMISES DESCRIBED IN THE CONTRACT RECORDED UNDER RECORDING NO. 5566617; THENCE SOUTH 0' 55' 30" EAST, 462.5 FEET; THENCE NORTH 89' 08' 45" EAST, 497.38 FEET, TO THE AFORESAID WEST MARGINAL LINE OF P.S.H. NO. 5; THENCE NORTH 0' 57' 30" WEST, 462.5 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO 5823137; AND EXCEPT THE WEST 30 FEET AND THE EAST 10 FEET CONVEYED TO CITY OF AUBURN BY DEED FILED UNDER RECORDING NO. 6148985; AND EXCEPT THAT PORTION THEREOF LYING EAST OF A LINE ca DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST MARGINAL LINE OF STATE HIGHWAY NO. 5 (EAST VALLEY HIGHWAY) AS IT EXISTED PRIOR TO C14 1964, 1,230.05 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF THE HARVEY H. JONES DONATION CLAIM NO. 39, AS ABOVE MENTIONED; THENCE SOUTH 89' 08' 45" WEST, 181.0 FEET; THENCE SOUTH 0' 57' 30" EAST, 79 FEET; THENCE SOUTH 89' 08' 45" WEST, 19 FEET; THENCE SOUTH 0' 57' 30" EAST, 143 FEET TO THE TERMINUS OF SAID LINE, SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Storm Water Easement and Maintenance Agreement Page s5,, of 8 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN for Auburn Valley Motors Service Building Ln Auburn Way North cv Auburn, WA Z1_ SEPA # SEP 0041-99 r GRA # GRA 0033-99 Parcel # 000400-0044 r„ y C14 1=11 Introduction: * The Auburn Valley Motors Service Building will have a storm drainage .C= system comprised of a combination detention/wet pond. This building C.:a env will be regarded as one entity and have only one Stormwater Pollution Prevention Plan. The service building is approximately 15,400 sf in size. The total site area is 1.76 acres. The total impervious area of the site is approximately 1.60 acres. The subject site is mostly flat with a small gradient from the perimeter towards the center of the site. The storm water runoff collected on- site is absorbed into the existing soils and sheet flows and collects in a depression in the center of the site. Here the storm water will slightly pond in the wet months until runoff is absorbed into the ground or evaporates into the air. There is no evidence of any concentrated on-site flows. There is also no evidence of any erosion, or off-site flows from storm water runoff coming on-site. The existing site has no storm water quantity or quality control of any kind. The developed storm drainage runoff will be collected from the landscaped, building and pavement areas in a series of catch basins. This water will be conveyed by curb, gutter and storm drainage pipe to a storm water detention/wet pond located at the rear of the site. Here the storm water will be released into a 12" proposed storm drainage line running to the east. This line will connect into the existing storm drainage system of the adjacent parcel to the east. This system has no water quality or quality control and flows directly into the public system located in Auburn Way North.. Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Prevention BMP'S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call 1-425-649-7000. Storm Water Easement and Maintenance Agreement Page 6 of 8 Inspection / Maintenance: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City., Additional inspections may be required after severe seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The parking lots and driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections for damages. To ensure proper water quality and treatment, the detention / wet pond must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wet pond side slopes become eroded over 2 inches deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. rea * BMP RD.05 Wet Pond (conventional pollutants) * The BMP will be inspected a minimum of 2 times per year or as directed in the maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. 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 Sections. Persons of Responsibility: 1, Auburn Valley Motors Group 3401 Auburn Way North Auburn, WA 98002 Ph # (253) 854-9260 (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 7 of 8 . . cy r.:a tea INSPECTION/MAINTENANCE CHECKLIST STRUCTURE t~ Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Storm Detention/ Inspection Wet Pond Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done DM/bd REF. FAC00-0023 (STM WAT EASE & MAINT AGREE)\E00-859 Storm Water Easement and Maintenance Agreement Page 8 of 8