HomeMy WebLinkAbout20010521001559 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
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Reference # (if applicable):
Grantor/Borrower:
(FACUU-UUU7 and BLD
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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
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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 -
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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:
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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
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
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Owner . Date
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Storm Water Easement and Maintenance Agreement
Page 3 of 9
STATE OF WASHINGTON)
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COUNTY OF KING )
I certify I have know or have satisfactory evidence that 73. SAM 4i f}-
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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)
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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~
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PUBLIC
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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
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Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT `B'
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CONSULTING ENGINEERS/CIVIL AND STRUCTURAL
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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
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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
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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.
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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.
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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
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The biofiltration swale has been designed to convey and treat runoff for conventional
o pollutants.
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~ Inspection
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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
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-STRUCTURE DATE OF INSPECTION MAINTENANCE
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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
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REF. H:1FAC\FAC07031E00-489 and BLD00-0044 (STM WTR EASEMENT & MAINT AGREE)
Storm Water Easement and Maintenance Agreement
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