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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information. 1K
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(FA00002-98)
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Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) John and Linda Butcher 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW 13-21-5 Additional on page: 55
Assessor's Tax Parcel ID#: 132104-9048
THIS EASEMENT AND AGREEMENT made and entered into this ,,7_: day of
$FPM"1*&L , 19 9 F, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and John and Linda
Butcher,husband and wife, located at 320 Third Street SW, 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 740 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
Storm Water Easement and Maintenance Agreement
Page 1 of 8
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
C') WHEREAS, the parties are both desirous of permitting inspection of the storm system to
84 make certain that it is functioning properly and for purposes of determining the appropriate
7 repairs.
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NOW, THEREFORE; BASED UPON MUTUAL COVENANTS TO BE DERIVED
p) 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 No. FA00002-98, 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
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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 P LIC WORKS
.9,:;-3171?
caner Date
Owner Date
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Storm Water Easement and Maintenance Agreement
Page 3 of 8
STATE OF WASHINGTON)
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County of King )
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I certify that I ow r have tis actory evidence that ~~~(lNl_T
and p1 Y1 is/are the person(s) who appeared
before me, and said individuals(s) acknowledged that he/she/they signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in
this instrume Io
Dated /
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OUAFN
OF W P`5
011140 STATE OF WASHINGTON)
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County of King )
1r-Ca ecrto V-~_
Notary Publ' in end for the tate of Washington
residing at -LA
My'appointment expires 07-19 -02-
I I certify that I know or have satisfactory evidence that bwS I
is the person who appeared before me, and said person acknowledged that he signed th
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 t of party for the uses and purposes mentioned in this instrument. a1c Dated l
~pN EXP~9. '~i
pO Fs°• (JlU lam`
Q o N41 ; ° _ = Notary Publ' lri and for th State of Washington
P residing at
• •`~eAUAR'!.• 1~`; My appointment expires
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REF. H:\FAC\FAC0284\E98-346
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Storm Water Easement and Maintenance Agreement
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE EAST HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID
SECTION 13 WITH THE WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY
OF THE PUGET SOUND ELECTRIC RAILWAY, WHICH POINT IS
APPROXIMATELY 96.8 FEET WESTERLY FROM THE NORTHEAST CORNER
OF SAID EAST HALF OF NORTHEAST QUARTER OF NORTHWEST QUARTER
OF SAID SECTION 13; RUNNING THENCE SOUTHERLY ALONG THE
WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF SAID PUGET
SOUND ELECTRIC RAILWAY, A DISTANCE OF 150 FEET TO A POINT;
THENCE WESTERLY ON A LINE PARALLEL WITH THE NORTH LINE OF SAID
EAST HALF OF NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 13, A DISTANCE OF 290 FEET TO A POINT; THENCE
NORTHERLY ON A LINE PARALLEL WITH THE WESTERLY BOUNDARY LINE
OF THE RIGHT OF WAY OF SAID PUGET SOUND ELECTRIC RAILWAY. A
DISTANCE OF 150 FEET, MORE OR LESS; TO THE NORTH LINE'OF SAID
SECTION 13; THENCE EASTERLY ALONG THE NORTH BOUNDARY LINE OF
SAID SECTION 13 A DISTANCE OF 290 FEET, MORE OR LESS TO THE POINT
AND PLACE OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING
WITHIN LOT 2 OF SHORT PLAT NUMBER SP-4-79, RECORDED UNDER
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RECORDING NUMBER 7909250815, IN KING COUNTY, WASHINGTON.
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Storm Water Easement and Maintenance Agreement
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EXHIBIT "B"
Stormwater Pollution Prevention Plan
Site Address
This project is described as the North 150 feet of the East 250 feet of the Northeast %Y,
of the Northwest % of Sactien 13, Township 21 North, Range 5 East, W.M., King
County, Washington. The site address is 740 Clay St. NW, Auburn, Wa 96001. The
Tax Parcel number's 1321 C4-SC48.
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CC Irtrcducticr.
This project involves the construction of a 15,704 sf warehouse, a 3400 sf office, a
parking lot, detention tank, bioswale and a storm pipe system. Stormwater will be
collected into storm pipes; detained in a detention tank, and conveyed through a
bicsrvale before it enters an existing public storm system along the northern perimeter
of the property that flows to Mill Creek. After final development 0.72 acres will be
imperiieus with 'the remaining 0.28 acre pervious consisting of landscaping.
Plan Gual
The goal of the plan is to treat the runoff for water quality before it enters the public
storm system.
The prcperry owner is required to enhance and protect water quality due to stcrmwater
discharges fram 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 SMP's
Preventative Best Management Practices (SNIP'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 stems drainage system should be
kept free of debris and)any dangerous wastes which may pollute the
storm drainage system.. All storm drains shall be stenciled with "DUNIP
NO V/ASTE, DRAINS TO STREANI."
2) The storm drainage utilities should be properly maintained,
as described in the fallowing sections.
Storm Water Easement and Maintenance Agreement
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Stormwater Pollution Prevention Plan (Cont.)
Treatment 8MP's
A biofiltration swale has been designed to convey and treat runoff for conventional
pollutants.
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 Facilities for
maintenance requirements.
Person of Responsibility
John & Linda Butcher
320 34d St. SW
Auburn, WA 98001
Phone: 253-804-8666
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Design Engineer: Rupert Engineering, Inc.
rj Contact: Lary Krueger
1519 West Valley Hwy. N., Suite 101
CT? 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
the City Utilities Section.
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INSPECTION\MAINTENANCE CHECKLIST
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STRUCTURE DATE OF
INSPECTION MAINTENANCE
CB#
INSP. RESULTS
MAINT. DONE
CB*
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
CS#
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
CS#
INSP. RESULTS
MAINT. DONE
CB#
INSP. RESULTS
MAINT. DONE
BIOSWALE
INSP. RESULTS
MAINT. DONE
DET. TANK
INSP. RESULTS
MAINT. DONE
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