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Home My WebLink About9805140638 STORM EASEMENT 051498A 3. /3. :~2-- Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 47 co 0 w a a Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00022-97 and BLD0635-97) Reference (if applicable): N/A Additional on page: GrantorBorrower: 1) Clay Street Associates, L.L.C. 2) Additional on page: Grantee/Assignee[Beneficiary: City of Auburn Legal Description/STR: NW 1/4 13-21-04 Additional on page: Assessor's Tax Parcel ID#: 446340-0190-04, 0200-02, 0205-07 THIS EASEMENT AND AGREEMENT made and entered into this I day of a &r , 19 1 Y , by and between the City of Auburn, a municipal corporation of King County, W hington, hereinafter referred to as "CITY" and Clay Street Associates, L.L.C., 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 16 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 s n ca C X -G m x a ;R 6 O upon all heirs, successors and assigns of both parties; and Storm Water Easement and Maintenance Agreement Page 1 of 7 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 O Itt Ln O 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. FA00022-97 and BLD0635-97, 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 7 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 PUB I WORKS Owner Date STATE OF ) )ss. COUNTY OF ) I certify I have know or have satisfactory evidence that~~'.ctftt~ I`-M^P r~G (is/a the person(s who appeared before m and said person acknowledged th~'she/they signed this instrufnent on oath stated tha e/ e/they was/ ere authorized to execute the instrument and acknowledge as the CO of the e Lu 4kj'- Sb L.-. , a 1 mited liability company, to be the free and C) voluntary act of such party or the uses and purposes mentioned in the instrument. Dated Z-41 7 S,,,,,1", \tA E F O NOTARY Stn = :ZpL PUBLIC o; o v F'yEER g rP A,` Notary Publ' in and for the Sta of Washington Q>% residing at v . 0 P t fiA501 My appointment expires It 0101 Storm Water Easement and Maintenance Agreement Page 3 of 7 EXHIBIT "A" LEGAL DESCRIPTION LOT 6 AND THE SOUTH ONE-HALF OF LOT 5, BLOCK C, LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, .PAGE 33, RECORDS. OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LOT 7, BLOCK C, LUNN'S GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WESTERLY 10 FEET THEREOF CONVEYED TO THE CITY OF cr'~ AUBURN FOR STREET BY DEED RECORDED UNDER RECORDING NO. 6580818. O SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. e?' ~-i ll~ O GD 07 Storm Water Easement and Maintenance Agreement Page 4 of 7 EXHIBIT "B" STORMWATER POLLUTION PREVENTION PLAN for Clay Street Development Building 16 Clay Street N.W. Auburn, WA SEPA # SEP-0034-97 PAC # PAC 0022-97 GRA # GRA 0012-97 BLD # BLD 0635-97 Parcel #'s 446340-0205-07 , 446340-0200-02 , 446340-0190-04 Introduction: The Clay Street Development Buildings will share a common storm drainage system comprised of underground storm drainage detention vault and pipe with a water quality biofiltration swale. Both buildings will be regarded as one entity with only one Stormwater Pollution Prevention Plan. The Lot "A" Building is 19,776 sf and is located at 16 Clay Street N.W. Auburn, Washington. The Lot "B" Building is 28,576 sf and is located at 18 Clay Street N.W. The total site area is 2.41 acres for both buildings. The total impervious area of the site is assumed to be at 90t or approximately 2.17 acres. The existing storm drainage system directs surface water runoff via sheet flow from the roof and parking lot areas of the existing residence and from the undeveloped open fields to the surrounding soils. No connection to a tightlined public conveyance system has been observed. The developed storm drainage runoff is conveyed to the storm water underground detention system. Stormwater runoff is then routed to the flow control structure and biofiltration Swale. Stormwater is then discharged to the public conveyance system located within Clay Street N.W. Right-of-way. 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. Preventative 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 1-206-649-700. * BMP RO.05 Spill Control (sc-type) oil/ Water Separator * BMP RB.15 Detention Tank (underground) * BMP RB.05 Biofiltration Swale * - These BMP'S 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. 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: Clay Street Associates, L.L.C. 899 West Main Street Auburn, WA 98002 Ph # (253) 469-4153 (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 5 of 7 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. To ensure proper water quality and treatment, the detention vault and the bioswale must be properly maintained. During summer months the grasses must be mowed regularly, maintaining a grass length of approximately 3 inches to 6 inches, with prompt removal and proper disposal of grass clippings and trash or debris. Removal of any sediment 6 inches deep or covering vegetation is also necessary within the biofiltration swale. Remove sediments, fertilize, and reseed as necessary. Be careful to avoid introducing fertilizer to receiving waters or groundwater. If pond side slopes become eroded over 2 (v) inches deep, stabilize by using appropriate erosion control measures (e.g., CD rock reinforcement, planting of grass, compaction). G Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. O Storm Water Easement and Maintenance Agreement Page 6 of 7 r INSPECTION J MAINTENANCE CHECKLIST Q STRUCTURE Q,~t`'E aNSECTf3?#" Main enast~ce Date Inspection ALL CATCH BASINS Results Maintenance Done STORM DRAINAGE Inspection PUMP STATION Results Maintenance Done DETENTION PIPE/ Inspection VAULT Results Maintenance Done FLOW CONTROL Inspection STRUCTURE Results Maintenance Done Inspection BIOSWALE Results Maintenance Done REF. H:\FACTAC2278\E98-50 and Y:\PRMSYS\DOCUMENMLD0635 .97\STMAGRMT Storm Water Easement and Maintenance Agreement Page 7 of 7