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Home My WebLink About9902052097 STORM EASEMENT 020599ff 5. 13 a-L, C'7 Ll CD CT; Q w 0 co s 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) n a _a it v 0 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. a 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 Page 2 of 8 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 i~ C~ ~.J V t Storm Water Easement and Maintenance Agreement Page 3 of 8 STATE OF WASHINGTON) )ss. County of King ) G~ 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 / KOFti Q : o~ Np~ PPY ! ZE •Fe 1°j or Z . OUAFN OF W P`5 011140 STATE OF WASHINGTON) )ss. 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 '71F OF 4Nt'-'% DN/bd REF. H:\FAC\FAC0284\E98-346 i 1 Storm Water Easement and Maintenance Agreement Page 4 of 8 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 0 RECORDING NUMBER 7909250815, IN KING COUNTY, WASHINGTON. CT? Storm Water Easement and Maintenance Agreement Page 5 of 8 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. L1 C~ N 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 Page 6 of 8 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 L7 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. Storm Water Easement and Maintenance Agreement Page 7 of 8 INSPECTION\MAINTENANCE CHECKLIST C7? L7 C~ 0 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 Storm Water Easement and Maintenance Agreement Page 8 of 8