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Home My WebLink About20010425001249 STORM EASEMENT 042501Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 9E JUN 13 2001 CITY OF AU oo1CITY C1-ERGoS Y,F✓ 2 NIII~III~NIIIM I~ 2 010 50'01249 PACIFIC NU TIT EAS 16.00 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 C. n. cis c- Q ca 'N c-- 0 0 N 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 cn CI-4 @- 0 G] 7 C`J U e-- Q O N DT'RECTOR OF PUBLIC WOJ RKS , . Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 9 can . --P- C"4 CM C-7) u-> C4 0 x'v STATE OF WASHINGTON) )ss. 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- ) v ~SSioN••., ti++ d tAOTa c ++i M ; i PUBLIC is, AO r WASMN= STATE OF WASHINGTON) )ss. County of King ) ~Iv 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 r N + C-~Co U t ULA- 0 V i a ~o1 AY Notary Publi 'n and for the State of Washington v `~G 4 residing at It My appointment expires 6 3. 2 +1' s~q1,1t-0FWP AWms/bd 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; v- a c•+ a 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 C`-I 0 0 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 0 N 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 .r N C:J Ca .1-7 N O q q CV 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