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HomeMy WebLinkAbout20010425001433 STORM EASEMENT 042501 • • Return Address N - - City of Auburn City Clerk 25 West Main - Auburn,WA 98001 - i 23010425'031433 PAC1F C1 O TIT 0 BAS 16.88 PAG NyF 88 EXCISE TAX NOT REQUIRED 84/1'1s/ 081 11:as K118 linty Records Division nF,},/ KING COUNTY, UA BY: �l zoo t A1�K � ,Depu Above this line reserved for recording information STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC00-0020,BLD00-0111,BLD00-0112&GRA99-0036) Reference it(if applicable) N/A Additional on page Grantor/Borrower 1)Humphrey Industries,LTD 2) `Ce't Additional on page m Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR NW'/, 13-21-04E Additional on page 6- �cs Assessor's Tax Parcel ID# 446340-0280 446340-0290 Gv W/6, --FARA/ 7" kr-g5`f 2 —/2 o THIS EASEMENT AND AGREEMENT made and entered into this 1/ day of Apo.:I ,20o J ,by and between the City of Auburn,a municipal corporation of King County,Washington,hereinafter referred to as"CITY"and Humphrey Industries,LTD, located at 899 West Main Street,Auburn,WA 98001,hereinafter referred to as "PROPERTY OWNER". WHEREAS,PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 201 Clay Street NW 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 brmg m 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 esoo"kid by d pms Mfo AWet. t fed T71le fe Storm Water Easement and Maintenance Agreement a'"""""""'}""n'°"r' R ions OM WIWI ami ed SO b proper sxsaihpt sr Page 1 of 9 01 to Ile yi 1p011 11114. • • 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* Section 1,EASEMENT • PROPERTY OWNER hereby provides an easement over,under and on that portion of the property as showing on the approved Record Drawmgs revised pursuant to construction records for the City of Auburn under Permit Nos FAC00-0020,BLD00-0111 &BLD00-0112,which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall 4' be a burden to that real estate which is legally described and attached as Exhibit A and o incorporated herein by this reference, and shall be of benefit to the City storm utility system CZ) N 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 maintam 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 facihties or private facilities of other property owners In both events the PROPERTY OWNER agrees it shall reimburse the CITY for the costs mcurred 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 Watery.,ascent and Maintenitnce Agreement Page2of9 ,�, s, ,. , • • 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 wntten above CITY OF AUBURN • %litiA trx.eJ))' DIRECTOR OF PUBLIC WO 21-ti 4-j (—© / Own Date Owner Date Ca STATE OF WASHINGTON) )ss County of King ) I certify that I know or have satisfactory evidence that tr-VW1 .'5 i. is the person who appeared before me, and said person acknowledged that he 11 ed this N 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 a t of such party for the uses and purposes mentioned in this instrument Dated yF a M Cy� '��ti�ygioni'�2 i o NQTARY 1,:(Ai Lqo � • P�gUG r Notary Publ. and for je State of Washington 4 cr''•,� p`�.� residing at iNAs ' - My appointment expires 'j/)'°I !D- Storm Water Easement and Maintenance Agreement Page 3 of 9 • • STATE OF WASHINGTON) )ss County of King ) I certify that I know or have satisfactory evidence that G. . )eoE P hie 1 is the person who appeared before me,and said person aclsiowledged that lie/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ` PP c c. \a N-+— of 14u,,,,,,^hR `�-�i.�tmvAlps,tth, a corporation,to be the free and voluntary act of such party for`the uses and purposes mentioned in this instrument. Dated LI/ite•—• .**4- It‘ f„,P-A4 - /WA y �n f tIOT 5 , Notary Public m and for the State of Washirfgton ` rn ; residing at —12 c s,Aer r PUBLIC ; My appointment expires 0//mink It�c••.. C' h, WA,SMN • AWms/bd File. 21,41 REF FAC00-0020(STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0111 (STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0112(STM WAT EASE&MAINT AGREE)\EOI-610,GRA99-0036(STM WAT EASE&MAINT AGREE)\E01-610 Storm Water Easement and Maintenance Agreement Page 4 of 9 • • EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 'A': THAT PORTION OF LOTS 4 AND 5, BLOCK 0, LUNN'S GARDEN TRACES TO AUBURN ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING WITH THOSE CERTAIN DEEDS FILED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT AN INTERSECTION WITH THE SOUTH LINE OF SAI17 LOT 5 AND • THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN THE WIDTH FROM CENTERUNE OF SAID STREET; THENCE ALONG SAID WEST .1*AROIN-NORTH~0706'04'-{AST, 138.82 FEET TO THE TRUE POINT.OF--- BEGINNING; . BEGINNING; THENCE NORTH 89'53'56' WEST, 279.72 FEET TO THE WEST LINE OF SAID LOTS 4 AND 5; THENCE ALONG SAID WEST UNE NORTH 0W06'04' EAST, 173.77 FEET TO THE NORTH UNE OF SAID LOT 4; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 8719' 6' EAST, 280.01 FEET TO THE WEST MARGIN OF SAID CLAY STREET NORTHWEST; THENCE ALONG MARGIN SOUTH 00'06'04' WEST, 161.18 FEET'TO THE TRUE POINT OF BEGINNING. PA m THAT PORTION OF LOT 5, BLOCK D, LUNN'S GARDEN TRACTS TO AUBURN -� ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. ix; EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING WITH THOSE CERTAIN DEED FILED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT AN INTERSECTION WITH THE SOUTH UNE OF SAID LOT 5 AND THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN WIDTH FROM CENTERUNE OF SAID STREET; THENCE ALONG SAID WEST MARGIN NORTH 00106'04" EAST, 138.82 FEET; THENCE NORTH 8953'56' WEST, 279.72 FEET TO THE WEST LINE OF SAID LOT 5; THENCE ALONG SAID NEST LINE SOUTH 00'06'04' WEST, 126.23 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE ALONG THE SOUTH LINE.OF SAID LOT 5 SOUTH 8719'16' EAST, 280.01 FEET TO THE POINT OF BEGINNING. Storm Water Easement and Mamtenance Agreement Page 5 of 9 • • EXHIBIT'B' STORMWATER POLLUTION PREVENTION PLAN for Clay Street Development Phase II 201 Clay Street N.W. Auburn, WA SEPA # SEP 0044-99 GRA # GRA 0036-99 Parcel # 446340-0280 , 446340-0290 , 446340-0291 on r— Introduction: cn o The Clay Street Development Phase II will share a common storm drainage system comprised of a combination detention/wet pond. Both buildings will be regarded as one entity with only one Stormwater Pollution Prevention Plan. 0 Building "PP is 19,138 sf and Building "B" is 17,309 sf and are both o located at 201 Clay Street N.W. The total site area is 1 91 acres for N both buildings The total impervious area of the site is approximately 1 56 acres. The existing storm drainage system directs surface water runoff via sheet flow from the roof and gravel drive areas of the existing residence and from the undeveloped open areas to the surrounding soils to.the rear of the parcel. No connection to a tightlined public conveyance system has been observed. The developed storm drainage runoff is conveyed to the stormwater detention/ wet pond Stormwater runoff is then routed to the flow control structure. Stormwater is then discharged to the west and connect to the public conveyance system located in Western Avenue. Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Prevention BMP,S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call 1-425-649-7000. * BMP RD.05 Wet Pond (conventional pollutants) * The BMP will be inspected a minimum of 2 times per year or as directed in the Maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. Storm Water Easement and Maintenance Agreement Page 6 of 9 111 • 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 Sections. Persons of Responsibility: Humphrey Industries, LTD 899 West Main Street Auburn, WA 98002 Ph # (206) 715-1446 (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) on G7 v-- Q Storm Water Easement and Maintenance Agreement Page 7 of 9 • • Inspection / Maintenances Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City Additional inspections may be required after severe seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The parking lots and driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections for damages. CD CD ..n To ensure proper water quality and treatment, the detention / wet pond must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wet pond side slopes become eroded over 2 o inches deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction) cm Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. N • Storm Water Easement and Mamtenance Agreement Page 8 of 9 41111 • INSPECTION/MAINTENANCE CHECKLIST �3 r 1 � STRUCTURE,_ € � F" y�.€`.... � ''4><�3,�`\\e3.`�. . Results/ Maintenance .1 Date Inspection All Catch Basins I Results Maintenance I Done Storm Detention/ IInspection Wet Pond Results Maintenance Done Inspection Conveyance Pipes I Results I Maintenance Done Flow Control I Inspection Structure Results • Itenance Done I I c.-1 M O 47 e.F'Y E^'J Cr) CV AWms/bd File 2 1,4 1 REF FAC00-0020(STM WAT EASE&MAINT AGREE)1E01-610,BLD00-0111(STM WAT EASE&MAINT AGREE)1E01-610,BLD00-0112(STM WAT EASE&MAINT AGREE)1E01-610,GRA99-0036(STM WAT EASE&MAINT AGREE)1E01-610 Storm Water Easement and Mamtenance Agreement Page 9 of 9 • • Return Address N - - City of Auburn City Clerk 25 West Main - Auburn,WA 98001 - i 23010425'031433 PAC1F C1 O TIT 0 BAS 16.88 PAG NyF 88 EXCISE TAX NOT REQUIRED 84/1'1s/ 081 11:as K118 linty Records Division nF,},/ KING COUNTY, UA BY: �l zoo t A1�K � ,Depu Above this line reserved for recording information STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC00-0020,BLD00-0111,BLD00-0112&GRA99-0036) Reference it(if applicable) N/A Additional on page Grantor/Borrower 1)Humphrey Industries,LTD 2) `Ce't Additional on page m Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR NW'/, 13-21-04E Additional on page 6- �cs Assessor's Tax Parcel ID# 446340-0280 446340-0290 Gv W/6, --FARA/ 7" kr-g5`f 2 —/2 o THIS EASEMENT AND AGREEMENT made and entered into this 1/ day of Apo.:I ,20o J ,by and between the City of Auburn,a municipal corporation of King County,Washington,hereinafter referred to as"CITY"and Humphrey Industries,LTD, located at 899 West Main Street,Auburn,WA 98001,hereinafter referred to as "PROPERTY OWNER". WHEREAS,PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 201 Clay Street NW 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 brmg m 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 esoo"kid by d pms Mfo AWet. t fed T71le fe Storm Water Easement and Maintenance Agreement a'"""""""'}""n'°"r' R ions OM WIWI ami ed SO b proper sxsaihpt sr Page 1 of 9 01 to Ile yi 1p011 11114. • • 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* Section 1,EASEMENT • PROPERTY OWNER hereby provides an easement over,under and on that portion of the property as showing on the approved Record Drawmgs revised pursuant to construction records for the City of Auburn under Permit Nos FAC00-0020,BLD00-0111 &BLD00-0112,which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall 4' be a burden to that real estate which is legally described and attached as Exhibit A and o incorporated herein by this reference, and shall be of benefit to the City storm utility system CZ) N 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 maintam 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 facihties or private facilities of other property owners In both events the PROPERTY OWNER agrees it shall reimburse the CITY for the costs mcurred 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 Watery.,ascent and Maintenitnce Agreement Page2of9 ,�, s, ,. , • • 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 wntten above CITY OF AUBURN • %litiA trx.eJ))' DIRECTOR OF PUBLIC WO 21-ti 4-j (—© / Own Date Owner Date Ca STATE OF WASHINGTON) )ss County of King ) I certify that I know or have satisfactory evidence that tr-VW1 .'5 i. is the person who appeared before me, and said person acknowledged that he 11 ed this N 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 a t of such party for the uses and purposes mentioned in this instrument Dated yF a M Cy� '��ti�ygioni'�2 i o NQTARY 1,:(Ai Lqo � • P�gUG r Notary Publ. and for je State of Washington 4 cr''•,� p`�.� residing at iNAs ' - My appointment expires 'j/)'°I !D- Storm Water Easement and Maintenance Agreement Page 3 of 9 • • STATE OF WASHINGTON) )ss County of King ) I certify that I know or have satisfactory evidence that G. . )eoE P hie 1 is the person who appeared before me,and said person aclsiowledged that lie/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ` PP c c. \a N-+— of 14u,,,,,,^hR `�-�i.�tmvAlps,tth, a corporation,to be the free and voluntary act of such party for`the uses and purposes mentioned in this instrument. Dated LI/ite•—• .**4- It‘ f„,P-A4 - /WA y �n f tIOT 5 , Notary Public m and for the State of Washirfgton ` rn ; residing at —12 c s,Aer r PUBLIC ; My appointment expires 0//mink It�c••.. C' h, WA,SMN • AWms/bd File. 21,41 REF FAC00-0020(STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0111 (STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0112(STM WAT EASE&MAINT AGREE)\EOI-610,GRA99-0036(STM WAT EASE&MAINT AGREE)\E01-610 Storm Water Easement and Maintenance Agreement Page 4 of 9 • • EXHIBIT 'A' LEGAL DESCRIPTION PARCEL 'A': THAT PORTION OF LOTS 4 AND 5, BLOCK 0, LUNN'S GARDEN TRACES TO AUBURN ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING WITH THOSE CERTAIN DEEDS FILED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT AN INTERSECTION WITH THE SOUTH LINE OF SAI17 LOT 5 AND • THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN THE WIDTH FROM CENTERUNE OF SAID STREET; THENCE ALONG SAID WEST .1*AROIN-NORTH~0706'04'-{AST, 138.82 FEET TO THE TRUE POINT.OF--- BEGINNING; . BEGINNING; THENCE NORTH 89'53'56' WEST, 279.72 FEET TO THE WEST LINE OF SAID LOTS 4 AND 5; THENCE ALONG SAID WEST UNE NORTH 0W06'04' EAST, 173.77 FEET TO THE NORTH UNE OF SAID LOT 4; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 8719' 6' EAST, 280.01 FEET TO THE WEST MARGIN OF SAID CLAY STREET NORTHWEST; THENCE ALONG MARGIN SOUTH 00'06'04' WEST, 161.18 FEET'TO THE TRUE POINT OF BEGINNING. PA m THAT PORTION OF LOT 5, BLOCK D, LUNN'S GARDEN TRACTS TO AUBURN -� ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. ix; EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING WITH THOSE CERTAIN DEED FILED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT AN INTERSECTION WITH THE SOUTH UNE OF SAID LOT 5 AND THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN WIDTH FROM CENTERUNE OF SAID STREET; THENCE ALONG SAID WEST MARGIN NORTH 00106'04" EAST, 138.82 FEET; THENCE NORTH 8953'56' WEST, 279.72 FEET TO THE WEST LINE OF SAID LOT 5; THENCE ALONG SAID NEST LINE SOUTH 00'06'04' WEST, 126.23 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE ALONG THE SOUTH LINE.OF SAID LOT 5 SOUTH 8719'16' EAST, 280.01 FEET TO THE POINT OF BEGINNING. Storm Water Easement and Mamtenance Agreement Page 5 of 9 • • EXHIBIT'B' STORMWATER POLLUTION PREVENTION PLAN for Clay Street Development Phase II 201 Clay Street N.W. Auburn, WA SEPA # SEP 0044-99 GRA # GRA 0036-99 Parcel # 446340-0280 , 446340-0290 , 446340-0291 on r— Introduction: cn o The Clay Street Development Phase II will share a common storm drainage system comprised of a combination detention/wet pond. Both buildings will be regarded as one entity with only one Stormwater Pollution Prevention Plan. 0 Building "PP is 19,138 sf and Building "B" is 17,309 sf and are both o located at 201 Clay Street N.W. The total site area is 1 91 acres for N both buildings The total impervious area of the site is approximately 1 56 acres. The existing storm drainage system directs surface water runoff via sheet flow from the roof and gravel drive areas of the existing residence and from the undeveloped open areas to the surrounding soils to.the rear of the parcel. No connection to a tightlined public conveyance system has been observed. The developed storm drainage runoff is conveyed to the stormwater detention/ wet pond Stormwater runoff is then routed to the flow control structure. Stormwater is then discharged to the west and connect to the public conveyance system located in Western Avenue. Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Prevention BMP,S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call 1-425-649-7000. * BMP RD.05 Wet Pond (conventional pollutants) * The BMP will be inspected a minimum of 2 times per year or as directed in the Maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. Storm Water Easement and Maintenance Agreement Page 6 of 9 111 • 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 Sections. Persons of Responsibility: Humphrey Industries, LTD 899 West Main Street Auburn, WA 98002 Ph # (206) 715-1446 (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) on G7 v-- Q Storm Water Easement and Maintenance Agreement Page 7 of 9 2001 042 500143' "0 VI n ri H 01'O H O To rr gl a rt,< X N a p •1 a O 0 (D ' O 'i d O'O a ]'N N G �, rr n n 0 0 G N G C m a((� D( w n x 0•N 0CD O' rt Dl Pi G 'CI CNNDmON o • rr O 11 N O (D 0 ""w D7 N r r C 4 H 3 N H H K tt .f°s m D m W m (DC 9 m D( O r-O p KM 3 DCDCCDCD ,011 KS rr O O 11 "J O'O E a'O P a r r G CD 0'Ea (a 0( ` a H 11 G`< 0 H n N'O n rt0O G.0( 0rr N rt <D N N D) 0rr'O D1 M CD (D N to O $ P. O•a5 n f m D a Dr H 11 £ 6a rt 0 P O C rtr•-WW w H O b• 0 HOKO aoPOCD • rrr HH ONrta E• 0,N H"D- a L rn W 'tl N N l CI.0' 0 co N 0 'i p' a O p • r N 0 Ft 0 tY a HIH CD H,0 ' 0. 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C 1H•�P. 0 10'V 0 01 rr O • N 0• a K I-.(G H tla N• m • < K m rr In SD G O N M rt rt k 0.CO a rA PI O 0 B N • N N m >N 41111 • INSPECTION/MAINTENANCE CHECKLIST �3 r 1 � STRUCTURE,_ € � F" y�.€`.... � ''4><�3,�`\\e3.`�. . Results/ Maintenance .1 Date Inspection All Catch Basins I Results Maintenance I Done Storm Detention/ IInspection Wet Pond Results Maintenance Done Inspection Conveyance Pipes I Results I Maintenance Done Flow Control I Inspection Structure Results • Itenance Done I I c.-1 M O 47 e.F'Y E^'J Cr) CV AWms/bd File 2 1,4 1 REF FAC00-0020(STM WAT EASE&MAINT AGREE)1E01-610,BLD00-0111(STM WAT EASE&MAINT AGREE)1E01-610,BLD00-0112(STM WAT EASE&MAINT AGREE)1E01-610,GRA99-0036(STM WAT EASE&MAINT AGREE)1E01-610 Storm Water Easement and Mamtenance Agreement Page 9 of 9 Return Address: City of Auburn City Clerk JU� ' 3 2001 25 West Main C;7Y 0 Auburn,WA 98001 a•; y'�:±y- � �;';,f 20010425 301 r433 PACIFIC NJ TIT EAS 16.00 EXCISE TAX NOT REQUIRED 044//230/2901F1�ss King unty Records Division KING COUNTY, WA cit!/ ,.Depu Above this line.reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC00-0020,BLD00-0111,BLD00-0112 & GRA99-0036) Reference#(if applicable): N/A Additional on page: Grantor/Borrower: I)Humphrey Industries,LTD 2) • vetAdditional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW %, 13-21.04E Additional on page: .n Assessor's Tax Parcel ID#: 446340-0280 446340-0290 cv Cr WICc3 'A1GAJ T` Gv- 5`f 2 —/2 • C=, THIS EASEMENT AND AGREEMENT made and entered into this 1'/ day of v A A Q j , 200/ , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Humphrey Industries, LTD, 'located at 899 West Main Street, Auburn, WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 201 Clay Street NW 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 &oum«a(*)were.filed fur croon! by Pacific Korihrrest Title se Storm Water Easement and Maintenance Agreement Q'1'' R me net orers Page 1 of 9 ,1 as to proper• saillo or Olio Os Moot upon w.. #r 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: 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 Nos. FAC00-0020, BLD00-0111 &BLD00-0112, which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall cm 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 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 basement and MaintenanceAgreement Paget f9'".. ;;-frfr4. ._,,f . nMI w'• 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 • i'm • DIRECTOR OF PUBLIC WO &I-'1"—' • Li © / Owne Date Owner Date STATE OF WASHINGTON) )ss. cv County of King ) C certify that I know or have satisfactory evidence that NOS+ 4� Sty is the person who appeared before me, and said person acknowledged that he •1:Zed 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 wit of such party for the uses and purposes mentioned in this instrument. Dated 41'$ tD ....... .4, ,,t TA i �r1U RV S'�i; :U U�l.• La r� # PUBUC S Notary Publ or je tate of Washington is,is,,; 2 s o� residing at �--0 'it 47 WA -. My appointment expires 51 i Id Storm Water Easement and Maintenance Agreement Page3of9 • • STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that G�v e n E. l K P h A E I is the person who appeared before me, and said person ackfiowledgec1 that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the —Pe s-s ' W•i-- of F `H77\c�t,•4.4Aiss.1A, a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 14,40 1 4:a 0-1 =P� L. Bq0—t A�m I (1\ FAA-9 - Ai-a& y 14. 14 • 01 Notary Public in and for the State of Washii gton o' rn� ,�..0 residing at —12 c.R.n en C'�,� A,4 •r PUBLIC • My appointment expires �///q/n lI -7 . . .. G.. •.' 1, t‘‘\\WASH • o • N • c t AWms/bd File: 2.1, 4.1 REF.FAC00-0020(STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0111 (STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0112(STM WAT EASE&MAINT AGREE)\E01-610,GRA99-0036(STM WAT EASE&MAINT AGREE)\E01-610 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT 'A' LEGAL DESCRIPTION pARCE1 "A": THAT PORTION OF LOTS 4 AND 5, BLOCK D, LUNN'S GARDEN TRACTS TO AUBURN ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 'O OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT NE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO NE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING PAN NOSE CERTAIN DEEDS FILED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS; .. BEGINNING AT AN INTERSECTION MATH THE SOWN LINE OF SAID'LOT 5 AND THE WEST MARGIN OF CLAY STREET NORTHWEST, BONG 30.00 FEET IN THE WIDTH FROM CENTERLINE OF SAID STREET; THENCE ALONG SAID WEST •MARSIN-NOR114.00'06'04"•BAST,• 138:82 FEET TO THE•TRUE POINT-OE BEGINNING; THENCE NORTH 89'53'56" WEST, 279.72 FEET TO 111E WEST LINE OF SAID LOTS 4 AND 5; THENCE ALONG SAID WEST UNE NORTH 00'06'04" EAST, 173.77 FEET TO THE NORTH LINE OF SAID LOT 4; THENCE ALONG THE NORTH UNE OF SAID LOT SOUTH 8719'16" EAST, 280.01 FEET TO NE WEST MARGIN OF SAID CLAY STREET NORTHWEST; THENCE ALONG MARGIN SOUTH 00'06'04" WEST, 161.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL, "B": ,. THAT PORTION OF LOT 5, BLOCK D, LUNN'S GARDEN TRACTS TO AUBURN --� ACCORDING TO NE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING NTH THOSE CERTAIN DEED FILED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS: BEGINNING AT AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 5 AND THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN WON FROM CENTERLINE OF SAID STREET; THENCE ALONG SAID WEST MARGIN. NORTH 00V6104" EAST, 138.82 FEET; THENCE NORTH 89'53'56" WEST, 279.72 FEET TO THE WEST UNE OF SAID LOT 5; THENCE ALONG SAID WEST UNE SOUTH 00176'04" WEST, 126.23 FEET TO THE SOUTH UNE OF SAID LOT 5; THENCE ALONG THE SOUTH LINE•OF SAID LOT 5 SOUTH 8719'16" EAST, 280.01 FEET TO THE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 5 of 9 1 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN for Clay Street Development Phase II 201 Clay Street N.W. Auburn, WA SEPA # SEP 0044-99 GRA # GRA 0036-99 Parcel # 446340-0280 , 446340-0290 , '446340-0291 c+n � I Introduction: - • 0 o The Clay Street Development Phase II will share a common storm drainage system comprised of a combination detention/wet pond. Both buildings will be regarded as one entity with only one Stormwater Pollution Prevention Plan. c. Building "A" is 19,138 sf and Building "B" is 17,309 sf and are both o located at 201 Clay Street N.W. The total site area is 1.91 acres for •cv both buildings. The total impervious area of the site is approximately 1.56 acres. The existing storm drainage system directs surface water runoff via sheet flow from the roof and gravel drive areas of the existing residence and from the undeveloped open areas to the surrounding soils to.the rear of the parcel. No connection to a tightlined public conveyance system has been observed. The developed storm drainage runoff is conveyed to the stormwater detention/ wet pond. Stormwater runoff is then routed to the flow control structure. Stormwater is then discharged to the west and • connect to the public conveyance system located in Western Avenue. Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Prevention BMP'S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill.control procedures. In case of spill call 1-425-649-7000. * BMP RD.05 Wet Pond (conventional pollutants) * The BMP will be inspected a minimum of 2 times per year or as directed in the Maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. Storm Water Easement and Maintenance Agreement Page 6 of 9 • 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 Sections. Persons of Responsibility: Humphrey Industries, LTD 899 West Main Street Auburn, WA 98002 Ph # (206) 715-1446 (Changes to ownership shall be reported to the City of Auburn's Utilities Section. ) • • on ar— t.= aJ^) Cam! C3 C3 C3 • Storm Water Easement and Maintenance Agreement Page 7 of 9 Inspection / Maintenance: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City. Additional inspections may be required after severe seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The parking lots and driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections for damages. 0 o To ensure proper water qualityand treatment, the detention / wet and must be .n P P P properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wet pond side slopes become eroded over 2 cm inches deep, stabilize byusingappropriate erosion control measures o (e.g. , rock reinforcement, planting of grass, compaction) . • o o Catch Basins shall be cleaned when sump is 1/3 ' full of sediment or debris. or-4 Storm Water Easement and Maintenance Agreement • Page 8 of 9 INSPECTION/MAINTENANCE CHECKLIST TR CT S U URE r � , USA..........�.. .�.... .. ........:....:.... Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Storm Detention/ Inspection Wet Pond Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection • Structure Results Maintenance Done crs a 0 0 • cam.+ AWrns/bd File: 2.1, 4.1 REF. FAC00-0020(STM WAT EASE&MAINT AGREE)\E01-610,BLD00-0111 (STM WAT EASE&MA1NT AGREE)\E01-610,BLD00-0112(STM WAT EASE&MAINT AGREE)\E01-610,GRA99-0036(STM WAT EASE&MAINT AGREE)\E01-61() Storm Water Easement and Maintenance Agreement Page 9 of 9