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Home My WebLink About20010706001294 STORM EASEMENT 070601J Return Address: City of Auburn City Clerk 25 West Main A Auburn, WA 98001 20010706001294 PACIFIC NW TIT EAS 15.00 A/+ 07/080/2001 F 14:35 411G KING COUNTY, WA ~+l 3 200, C/~/ nc`g=1 ~~p t✓RiV Oiv. ^1C Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (t'AC;99-UU23, C;RA99-U019, SEP99-UU23) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Dibs Development, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/a, 11-21-05 Additional on page: Assessor's Tax Parcel ID#: 630352-0090 0 / 155 -P" W T (IJ- c9 3 Z-7 --12 THIS EASEMENT AND AGREEMENT made and entered into this p2-2 day of ,,W 204 by and between the City of Auburn, a municipal corporation of tng County, Washington, hereinafter referred to as "CITY" and Dibs Development, LLC, located at P O Box 987, Auburn, WA 98071, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 1400 W. Valley Hwy. N., Auburn, WA 98001, 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 $ EXCISE TAX .NOT REQUIRED King County R Di ision BY. , Deputy 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 c make certain that it is functioning properly and for purposes of determining the appropriate o repairs. C.Or o NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED ° THE PARTIES AGREE AS FOLLOWS: r-- (M Section 1, EASEMENT 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 No(s). FAC99-0023 and GRA99-0019, 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 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. -A. Cn crr V- C= G1 aL7 d O CV "A I Lok~ Owner Date Owner late SW dooum0*0 ware mod for Few by Pod Nortttwarxt Tft Ss 6,1~0/!lrMOd~On M hm not been oxwWr»d a" b PMW exewbon or as to ft ~ upon tom. CITY OF AUBURN DIRECTOR OF PUBLIC WO S Storm Water Easement and Maintenance Agreement Page 3 of 8 v Q7: cV IV. C) O tO 0 r-_ 0 O d C%4 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that 60~1t~•.- ~O~~J the person( who appeared before me, and said personk acknowledged thai&she/they signed this instrument on oath stated that Qhe/they were authorized to execute the instrument and acknowledge as the the <01 fiJ -Qz. a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Yo STATE OF WASHINGTON) )ss. County of King ) Notary Public in anfor the State of Washington residing at My appointment expir s of I certify that I know or have satisfactory evidence that 0'kr~s4-~~ M. Lrnodw is the person who appeared before me, and said person acknowledged thatshe sign this instrument, on oath stated thatshe 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 Co ~ Zq 0 1 C. WQN ~C.),SS\ON tc~ o N pTARY 9 . Notary Pu lic in and for the State of Washington 04 ' PUBUG ; residing at 11 b, ? % My 'appointment ex ires t I'- 79Q -O 4- WW/bd 11 -~OFWIN V~ _ REF. H:\FAC\FAC23h4W-n4 and GRA99-0023 (SWEASEMENT&MAINI'AGREE) Storm Water Easement and Maintenance Agreement Page 4 of 8 00 EXH 0 3IT 'A' LEGAL DESCRIPTION LOT 9. AUBURN PARK OF INDUSTRY, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 106 OF PLATS, PAGES 83 THROUGH 85, IN KING COUNTY, WASHINGTON:. - TOGETHER WITH THAT PORTION OF LOT 10. AUBURN PARK OF INDUSTRY ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 106 OF PLATS, PAGES 83 THROUGH 85, IN KING COUNTY, WSHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 10: THENCE SOUTH 89'52'16' WEST ALONG THE SOUTH LINE THEREOF 34.83 FEET: THENCE NORTH 00'07'44` WEST, rn 232.72 FEET TO A POINT ON A CURVE, ON THE SOUTH EDGE OF 14TH STREET NORTHWEST; THENCE EASTERLY ON SAID c5. CURVE TO THE LEFT. THE CENTER OF WHICH BEARS NORTH a 05'54'06..' EAST (R) AND LIES 50.00 FEET DISTANT THROUGH A CENTRAL ANGLE OF AN ARC DISTANCE OF 10.84 FEET c, TO THE NORTHEAST CORNER OF SAID LOT 10 C.l THENCE SOUTH 0530'34' EAST (R) ALONG THE c=:l EASTERLY LINE OF SAID LOT 10, 213.11 FEET; THENCE SOUTH 01"10'00' WEST 15.00 FEET TO THE _ POINT. OF BEGINNING; e (THIS PROPERTY IS LOT A OF BOUNDARY LINE ADJUSTMENT . RECORDED IN THE RECORDS OF KING COUNTY, WASHINGTON UNDER RECORDING. NUMBER -9203110958). Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT `B' v Stormwater Pollution Prevention Plan c3n, CN: Site Address o This project is located in SE % of Section 11, Township 21 N., Range 4 E. W.M. The site address is 14T" and West Valley Highway N. in Auburn, WA. Tax Parcel No. is c~ 920311-0958. o Introduction This project involves the construction of a 15,750 sf building, and a new parking lot on a 1.08 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 The goal of the plan is treat the runoff for-water quality before discharging to the public storm system in 14`' St. NW at the northwest comer of the site. 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 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. Stone Water Easement and Maintenance Agreement -Wage 6 of 8 INSPECTION\MAINTENANCE CHECKLIST cs s C'v ca O cc~p c> n., 0 V.- C-1.) 0 n, wl STRUCTURE DATE OF INSPECTION MAINTENANCE 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 CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONV CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# I NSP. RESULTS MAINT. DONE CS or Mhf# I NSP. RESULTS MAINT. DONE BIOSWALE I NSP. RESULTS Tlbd MAINT. DONE REF. HAFAC\FAC2394\E00-334 and GR.A99-0023 (SWEASEMENT&MAINTAGREE) Storm Water Easement and Maintenance Agreement Page 8 of 8 r Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's The biofiltration swale has been designed to convey and treat runoff for conventional pollutants. cv Inspection o. 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 o shall be kept for five years and shall be available for City inspector to review. 0 0 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: 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 Storm Water Easement and Maintenance Agreement Page 7 of 8