HomeMy WebLinkAbout20010425001249 STORM EASEMENT 042501Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 9E
JUN 13 2001
CITY OF AU
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PAGE 001 OF 009
04/25/2001 11:33
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
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Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: George H. Lyden and 2)
Charles M. Lyden
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW '/4, 07-21-05 Additional on page:
Assessor's Tax Parcel ID#: 072105-9026
9/47 `PAA 1 T W- 95 43 - /2
THIS EASEMENT AND AGREEMENT made and entered into this day of
, 20_, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and George H. Lyden and Charles
M. Lyden, located at 1102 `D' Street NE, Auburn, WA 98002, hereinafter referred to as
"PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 1102'D' Street NE 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 Said document(s) wens blvd .ear
record by PacMc Northwest Tit4a as
Storm Water Easement and Maintenance Agreement oniy. 'M has net been
Page 1 of 9 erouwnk ed as to proper ezsowim or
et to eet tlisat upon rNt,.
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. ,
C_n NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS:
a Section 1, EASEMENT
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 No. FA000-0040, 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 rB" 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 9" "4 '
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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DT'RECTOR OF PUBLIC WOJ RKS , .
Owner
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Storm Water Easement and Maintenance Agreement
Page 3 of 9
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STATE OF WASHINGTON)
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County of King )
I certify that I know or have satisfactory evidence that CLth
and
is/are the person(s) who appeared before me, and said individual(s) acknowled d that
he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act
for the uses d purposes mentioned in this instrument.
Dated ~L iX- )
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PUBLIC
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STATE OF WASHINGTON)
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County of King )
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Notary Public i d for the State Washington
residing at -VIAJ1101h,
My appointment ex res
I certify that I know or have satisfactory evidence that l_of 14l,5;wl~
is the person who appeared before me, and said person acknowledged that he sign 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 such party for the uses and purposes mentioned in this instrument.
Dated 1{11 Slo I
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i a ~o1 AY Notary Publi 'n and for the State of Washington
v `~G 4 residing at
It My appointment expires 6
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File: 4.1, 2.1
REF. FA000-0040 (STM WAT EASE & MAINT AGREE)\E01-491
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL B OF LOT LINE
ADJUSTMENT NO. 0022-98 UNDER RECORDING NO. 9812111807;
THENCE NORTH 89002'03" EAST, ALONG THE SOUTH LINE OF SAID PARCEL B, A
DISTANCE OF 431.82 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE
EASTERLY WEST LINE OF SAID PARCEL 8;
THENCE NORTH 03057'52' WEST, ALONG THE EASTERLY WEST LINE OF SAID
PARCEL B AND ITS SOUTHERLY EXTENSION, A DISTANCE OF 194.26 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL B;
THENCE NORTH 05016'43' WEST, A DISTANCE OF 253.75 FEET TO THE NORTH LINE
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN;
THENCE SOUTH 87034'40" WEST, ALONG SAID NORTH LINE OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION, A . DISTANCE OF
466.44 FEET TO THE EASTERLY MARGIN OF 'D" STREET NORTHEAST AND THE
BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 330.00
FEET AND A CENTRAL ANGLE OF 31011'42' AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH .15058'20" WEST 177.46 FEET;
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THENCE SOUTHERLY ALONG SAID CURVE AND SAID MARGIN, A DISTANCE OF
179.67 FEET TO A POINT OF CUSP ON A CURVE, FROM WHICH THE RADIUS POINT
BEARS SOUTH 58026'25" EAST;
THENCE SOUTHWESTERLY, ALONG SAID MARGIN, A DISTANCE OF 143.10 FEET
ALONG THE ARC OF SAID CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
270.00 FEET AND A CENTRAL ANGLE OF 30022'01
THENCE SOUTH 01011'25" WEST, ALONG SAID MARGIN, A DISTANCE OF 43.84 FEET
c TO THE SOUTH LINE OF LOT 5 OF RPM-AUBURN, ACCORDING TO THE PLAT
RECORDED IN VOLUME 126 OF PLATS AT PAGES 84' AND 85, IN KING COUNTY,
WASHINGTON;
THENCE SOUTH 88o48'14* EAST, ALONG SAID SOUTH LINE OF SAID LOT 5, A
DISTANCE OF 161.3 FEET TO THE SOUTHEAST CORNER THEREOF;
THENCE SOUTH 00013'26" WEST, ALONG THE EAST LINE OF LOT 4 OF SAID
RPM-AUBURN, A DISTANCE OF 80.55 FEET TO THE TRUE POINT OF BEGINNING.
Storm Water Easement and Maintenance Agreement
Page 5 of 9
G° t~p~p~ Cc ~o c (,)Hngq D~c~o
CONSULTING. ENGINEERS/CIVIL AND STRUCTURAL
POLLUTION PREVENTION PLAN
OF
PETERSON WAREHOUSE ADDITION
1102 "D" STREET NORTHEAST
Auburn, Washington 98002
FOR
PETERSON COMPANY
OCTOBER 2000
R.E. JOB NO. 00007
1519 West Valley Highway North/Suite 101
Post Office Box 836/Auburn, WA 98071
253.833.7776 Fax 253-939-2168
E-mail: ruperteng@aol.com
Storm Water Easement and Maintenance Agreement
Page 6 of 9
Inspection
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 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
George Lyden
PETERSON COMPANY
1102 "D" Street Northeast
Auburn, Wa 98002
C5-1 (253) 753-0313
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Ln Design Engineer: Rupert Engineering, Inc.
d 1519 West Valley Hwy. N., Suite 101
Auburn, Washington 98001
Contact: Nk. Jeff Baker
o (253) 833-7776
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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 in its implementation.
Additionally, any changes in ownership or person of responsibility are to be reported to
the City Utilities Section.
J Lorin water easement and Mamtenance Agreement
Page 8 of 9
Stormwater Pollution Prevention Plan
Site Address
This project is located in the Southwest Quarter of Section 7, Township 21 North, Range
5 East, W.M.. The site address is 1102 "D" Street Northeast in Auburn, Washington.
C%
d- Introduction
P~
The project involves the construction of an addition to an existing warehouse, and the
expansion of the existing parking area. The project will add 3.05 acres of impervious area
to the existing structure. No biofiltration is proposed for the project, a detention pond and .
a wet pond are proposed. All runoffs are to be collected in the detention pond, then
through a flow control structure into the wet pond. From there the storm water will go
into a catch basin at "D" Street Northeast where it will flow into an existing storm drain.
Purpose
The purpose of the plan is to provide treatment for the runoffs before discharging into the
storm drain in "D" Street Northeast.
The property owner is required to enhance and protect the 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
maintenance requirements are outlined.
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
INSPECTION\MAINTENANCE.CHECKLIST
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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. 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 MFI#
INSP. RESULTS
MAINT. DONE
DET. POND
INSP. RESULTS
MAINT. DONE
BIOSWALE
INSP. RESULTS
MAINT. DONE
AWms/bd
File: 4.1, 2.1
REF. FA000-0040 (STM WAT EASE & MAINT AGREE)\E01-491
worm w aier Easement and Maintenance Agreement
Page 9 of 9