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Home My WebLink About20010521001559 STORM EASEMENT 052101Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 1111111111111111111111 1001559 16.00 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT t.n l!'f c~ f'V, Lf) CJ Q C4 Reference # (if applicable): Grantor/Borrower: (FACUU-UUU7 and BLD N/A 1) DIBS Development, LLC Additional on page: 2) Additional on page: Grantee/Assignee/Benericiary: City of Auburn Legal Description/STR: SE 11-21-04 Assessor's Tax Parcel ID#: 030350-0120, 030350-0130 Additional on page: 15 g1/C0 TX&J T THIS EASEMENT AND AGREEMENT made and entered into this day of )-1,92001 by and between the City of Auburn, a municipal corporation of King Coup y, Washington, hereinafter referred to as "CITY" and DIBS Development, LLC, a Washington limited liability company, located at 1502 14 St. NW, Auburn, WA 98001, (253) 735-1100, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has.applied for certain permits with the CITY for the construction of facilities at 1520 14 St. NW, 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 rurgtgWith* the land 'and binding upon all heirs, successors and assigns of both parties; and - ro=d by Pacific Northwest iAhU ~~a aCMWV"xlslton o#Vy. K hm net boon Storm Water Easement and Maintenance Agreement its tt~ Page 1 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: Ql~ Lr,k Section 1, EASEMENT c~ PROPERTY OWNER hereby provides an easement over, under and on that portion of the c114 property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit No(s). FA000-0007 and BLD00-0044, 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 C°v 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=d 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 DIRECTOR OF PUBLIC WORKS 41 b Owner . Date .a.. F e Owner Date r C-n L1°7 G C3 e-r C14 O C=:) CV .47 Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that 73. SAM 4i f}- is/ff&the C-n LLl Lin, 0 0 GV i.n 0 r-- 0 0 N personN) who appeared before me, and said person(*) acknowledged that&she/they signed this instrument on oath stated tha he she/they as ere authorized to execute the instrument and acknowledge as the . the 9,r.?c 'v~r'.trn ITu r- , a limited liability company, to be the free and voluntary act of such party for the uses and purposes. mentioned in the instrument. Dated 'aFTI STATE OF WASHINGTON) )ss. County of King ) Notary Public in and fort a State of Washington residing at My appointment expire of I certify that I know or have satisfactory evidence that i.5 - ~ (K - Em le r is the person who appeared before me, and said person acknowledged thatshe sign this instrument, on oath stated that4ie 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 and purposes mentioned in this instrument. Dated 5 - \y -o~ '0 •~~~SS~oNF+~ TA % 0NOTARY M ; % PUBLIC ~~t 9'• >>,?9.0~ • ~ ~ ~WASMN•'~-_- DM/bd - C • C, f4eA,C'. Notary Pub is and for t1je State o Washington residing at My appointment expi es I I - Tc c -o REF. H:\FAC\FAC0703\E00-489 and BLD00-0044 (STM WTR EASEMENT & MAINT AGREE) Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT `A' LEGAL DESCRIPTION LOTS 12 AND 13 IN AUBURN PARK OF INDUSTRY AS RECORDED IN VOLUME 106 OF PLATS ON PAGES 83 - 85 RECORDS OF KING COUNTY, WASHINGTON.. SUBJECT TO AND OR TOGETHER WITH ALL EASEMENTS OF RECORD, IF ANY. PARCEL #'S 030350-0120 030350--0130 cn ..s-: P.- C= C=7 CV Lin cm 0 Q C"t Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT `B' LPIUIUpw CONSULTING ENGINEERS/CIVIL AND STRUCTURAL ~.CT s.rr 0 r~ ara 0 POLLUTION PREVENTION PLAN I OF DIBS 12 BUILDING 14TH STREET NW AUBURN, WA FOR SEPTEMBER 1999 R.E. JOB NO. 99072 . DIBS DEVELOPMENT. LLC PO BOX 987 AUBURN, WA 98071 1519 West Valley Highway North/Suite 101 Post Office Box 836/Auburn, WA 98071 953-833-7776 Fax 253-939.2168 ~ vavaa.a ♦r u.va a.wwVV1114111. 411LL 1~14L11V11411VV Ab'1MlrlllVlll. Page 6 of 9 Stormwater Pollution Prevention Plan Site Address This project is located in SE Y4 of Section 11, Township 21 N., Range 4 E. W.M. The site is located at the intersection of "R" Street and 14T" Street NW in Auburn, WA. Tax Parcel No's. are 030350-0120 and 030350-0130. Introduction This project involves the construction of a 34,517 sf building, and a new parking lot on a 3.23 acre site. Stormwater will be treated via a biofiltration swale and detained in 49°x33" detention pipes, before being released into the public storm system. All roof runoff will be collected into roof drains and conveyed directly to the storm system. Plan Goal cr L.n wn The goal of the plan is treat the runoff for water quality before discharging-to the public storm system in 10 St. NW north of the site. p, 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. c-a cti, Preventative BMP's Preventative Best Management Practices (BMP's) shall be implemented to ensure that the water quality measures are provided to site discharge. Such practices include the following: 1) Areas which discharge runoff to the storm drainage system should be 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 to The biofiltration swale has been designed to convey and treat runoff for conventional o pollutants. 0 ~ Inspection cz~ . Regular inspection of the storm drainage facilities will ensure their proper function. z 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 for maintenance requirements. Person of Responsibility DIBS Development, LLC PO Box 987 Auburn, WA 98071 Contact: Ron Schaafsma Phone: 253-735-1100 Design Engineer: Rupert Engineering, Inc. Contact: Lary. Krueger 1519 West Valley Hwy. N., Suite 101 Auburn, WA 98001 Plan and/or Information Updates The City of Auburn Utilities Section is Ito 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 INSPECTION\MAINTEN.ANCE CHECKLIST cra Ln Ln e=3 0 f'V ~.rs cs -STRUCTURE DATE OF INSPECTION MAINTENANCE W- CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE 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 CB or MH# INSP. RESULTS MAINT. DONE CB or MHO INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS MAINT. DONE DM/bd REF. H:1FAC\FAC07031E00-489 and BLD00-0044 (STM WTR EASEMENT & MAINT AGREE) Storm Water Easement and Maintenance Agreement Page 9 of 9