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HomeMy WebLinkAbout19990817001579 STORM EASEMENT 081799Return Address: City of Auburn City Clerk 25 West4Main Auburn, WA 98001 A 3)3, 19990817001579 PAGE eel OF 009 08/17/1999 14-25 KING COUNTY, 6A 24.00 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC0021-98 and BLD0210-98) Reference # (if applicable): NIA Additional on page: Grantor/Borrower: 1) Price-Helton Funeral Chapel, Inc. 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW 18-21-05 Additional on page: Assessor's Tax Parcel ID#: 182105.9015 and 182105-9141 Q FILER] BY I NVff `f /xg Wq` S7 -12- THIS EASEMENT AND AGREEMENT made and entered into this f~ day of , 19 g, by and between the City of Auburn, a municipal corporation of King Coun , Washington, hereinafter referred to as "CITY" and Price-Helton Funeral Chapel, Inc., a Washington corporation, located at 114 N. Division 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 702 Auburn Way N., Auburn, WA 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 stone 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 runn,do Umsn ~3aned na~t®ob~ding upon all heirs, successors and assigns of both parties; and record by Pcc;Fc ItoP.hyjc t Title as Storm Water Easement and Maintenance Agreement accor4mci:.itzJ?t csn!y. ra ov,3 nat n"n Page 1 of 9 examin,ad m, to p~ por ex©cu0crn or as to its aiijct ul"Z : EXCISE TAX NOT REQUIRED King C n .R Division ey, ~ , Deputy ;,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. FA00021-98 and BLD0210-98, 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. Stone Water Easement and Maintenance Agreement Page 2 of 9 PAGE 99 008 1700 1 579 009 III!~IUI~~IV~~VI~~9III'III;uVI9~~~~I~~uI.uWUW~l~uu~~l 08/17/1999 K COUNTY, WA PACIFIC NW TIT EAS 24.00 EXHIBIT "A" LEGAL DESCRIPTION PARCEI "A" MA T FOR TION OF GOVERNMEN T L O TS 1 AND 8, SEC TION 18, TO WNSHIP 21 NOR TN, -RANCE 5 EAST, W. U-- IN KINC COUNTY, WASHING TON, DESCRIBED AS FOLLOWS:, BEGINNING AT THE NOR LY'hES T CORNER OF SAID SEC TICN 18. AND RUNNING THENCE EASTERLY ALONG THE NORTH LINE THEREOF 1175.42 FEET;. THENCE SOUTH 439.5 FEET TO .NE TRUE P014T OF-BEGINNING. THENCE CONTINUING SOUTH 219.75 FEET MORE OR LESS TO THE NORTH CITY LIMITS OF THE GTY OF AUBURN, KING CCUNTY, WASHINGTON; THENCE WESTERLY ALONG SAID NORTH CITY LIMITS 442.45 FEET MORE OR LESS TO THE EASTERLY LINE OF PRIMARY STATE' 11IGHWAY 140. 5; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE OF HIGHWAY 250.58 FEET MORE OR LESS TO A POINT WEST OF THE TRUE POINT OF BEGINNING; THENCE EAST 323.67 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING: ' LESS PIE NORTH 60 FEET THEREOF.' PARCEL "8" °EGINNINC AT THE INTERSECAON OF THE NORTH LINE OF THE SOUTH HALF OF GOVERNMENT LOT 1, AND THE EASTERLY MARGIN OF AUBURN AVENUE; THENCE EAST.PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT i, 150 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 75 FkET,• THENCE WEST PARALLEL TO THE NORTH LINE OF SAID GO VERMWEN T LOT 185.5 FEET MORE OR ' LESS, TO THE EAS TERL Y MARGIN OF AUBURN A VENUE. THENCE NOR 7H ALONG 'THE EAST BOUNDARY OF AUBURN AVENUE TO THE POINT OF BEGINNING, SECTION.18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M., IN KING COUNTY, WASHINGTON, EXCcPT FORnCNS DEED£s7 TO.,THE CI.TY.:CF. AUBURN,BY DEEDS RECORDED UNDER NOS 9305120727 AND 9305120728. DM/bd REF. H:\FAC\FAC218I O\E99-565 and BLD0449 .98\STDODELAYAGREE Street Improvement Delay Agreement Page 5 of 5 19990817001578 PAGE 005 OF 005 - 08/17/1999 14:25 PACIFIC NW TIT AG 12.00 KING COUNTY, WA 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 PUBLIC RKS O / j S Owner c.'1 I?at u~ w 4~ 4~ Aitl 1001 I Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 4 19990817001579' PAGE 003 OF 009 I 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EA'o 24.00 l l - STATE, dF WASHINGTON) )ss. County. of King. ) I certify that I know or have satisfactory evidence that _(5 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/e was agtho 'zed to execute the instrument acknowledged it as the D S-\' P of ~iA VA= A-c, e EZ__-, a corporation, to be the free and voluntary act of such party for the uses and urposes mentioned in this instrument. Dated t R-4 N'Ril OF W A4 STATE OF WASHINGTON )ss. County of King ) S~ - 'l._ o is in an for the State of Washington residing at ?UbU,r►n W f) My appointment expires - Vii- i • cRIIDD I certify that I know or have satisfactory evidence that ~Sfi hC ~r`9 is the person who appeared before me, and said person acknowledged that he signed 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 arty for the uses and purposes mentioned in this instrument. Dated ~o' p~'l ~f ot4E FOe vo NOTARY 9m'"\ = cn, = J05 PUBLIC o C • •MBER 9 C " d576\\\\ KO/bd Notary Public in,,and for the Stat of Washington residing at Pte' Ca' My appointment expires l v'1940 REF. HAFAC\FAC2184\E98-932 and BLD0210_.98\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page .4 of 9 r PAGE 004 1700 1 579 08/17/1999 14:25 KING COUNTY, NW TIT EAS 24.00 WA EXHIBIT "A" ,r C~~ LEGAL DESCRIPTION PARCEL "A~' • THAT PORTIO 'OF GOVERNMENT L0TS 1 ANO 8. SEC77ON 18, TOWNSHIP X"~; ` . NORTH, RANGE 5 EAST. W. M.. IN KING COUNTY, WASHINGTON, OESCR18M AS'k :r;f':}; Y. FOLLO'NS: BEGINNING AT THE NORTH'NES.T CORNER, OF SAID SECTION 18, AND "RUNNING THENCE EASTERLY ALONG THE NORTH LINE THEREOF 1175.42 FEET; 'THENCE , SOUTH 439.5 FEET TO THE TRUE POINT OF 9EGINNING, THENCE CONTINUING SOUTH 219.75 FEET MORE OR LESS TO THE NORTH CITY LIA41 TS OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON; THENCE WESTERLY ALONG SAID NORTH CITY LIMITS 442.45 FEET MORE OR LESS TO THE EASTERLY LINE OF PRIMARY STATE HIGHWAY NO: 5. THENCE NORPHEASTERLY ALONG SAID EASTERLY LINE OF HIGHWAY 250.58 FEET MORE OR LESS TO A POINT WEST OF THE TRUE POINT OF BEGINNING; THENCE EAST 323.67 FEET MORE OR LESS TO rmf TRUE POINT OF BEGINNING; LESS THE NORTH 60 FEET THEREOF. PARCEL "B" BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH HALF OF GOVERNMENT LOT 1, AND THE'EASTERLY MARGIN OF AUBURN AVENUE, THENCE EAST PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 1, 150 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 75 FEET, THENCE WEST PARALLEL TO THE NORTH LINE OF SAID GOVERNMENT LOT 185.5 FEET MORE OR'LESS, TO THE EASTERLY MARGIN OF AUBURN AVENUE; THENCE NORTr ALONG THE EAST BOUNDARY OF AUBURN AVENUE TO THE POINT OF BEGINNING; SECTION! 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M„ IN KING COUNTY, RYA SHIN G TON, EXCEPT PCRTTGNS DEEDED' TO THE CITY OF AUBURN BY DEEDS RECORDED UNDER NOS. 9305t20727 AND 9305120728. Storm Water Easement and Maintenance Agreement "1 ; ? Page 5 of 9 li PACIFIC NU TIT E05 24.00 19990817901579 PAGE 005 OF 009 08/17/1999 14:25 KING COUNT'', WA 't EXHIBIT "B" Stormwater Pollution Prevention Plan fo r Price-Helton Funeral Home SEPA #0016-93 BLD #0210-98 FaC #0021-93 Site Address 702 Auburn Wav North Auburp,-WA 93001 Tax Parcel R 9305120727 and 9305120723 The project is located in Section I3, Township 21 North. Range 5 East, W.M., east of the.intersection of 7'" 'Street NE and Auburn Way North,. in the City of Auburn. Introduction The site encompasses an area of approximately 1.75 acres. The project includes the demolition of two existing buildings and the construction of a new building with a footprint of approximately 13,600 square feet, 35,000 square feet of paving, an infiltration pond, bioswales, and necessary utility connections. Runoff from the existing properties surrounding the site drains into the existing City of Auburn storm system in Auburn Way N. and along the north property line of parcel A. The residential property to the east drains away from the site. None of the runoff from offsite properties will be contained within the onsite storm drain system. The on-site drainage for this site consists of an infiltration pond and a. bioswale treatment system for the runoff from the proposed parking area in parcel A. The storm runoff will sheet drain to the southeast and northeast portions of the parking area and will enter two bioswales. After the runoff has been treated it will enter the infiltration pond. Runoff from the roof of the proposed building will be conveyed to the infiltration pond by a gravity storm drain pipe installed underneath the parking lot.on parcel A. All runoff generated from the roof and parking area will be contained in the infiltration pond on-site. Runoff from the proposed parking lot on parcel B will be directed into two catch basins located in the parking lot for direct discharge into the City storm drain system. It will enter this system on the east side of Auburn Way N. just south of 7'" Street N.E. The use of the facility will not involve using or storing any materials outside the building. The only potential source of pollution is from vehicular use and fertilizer use on landscaping. The Stormwater treatment system is designed in accordance with the criteria outlined in the Washington State Department of EcoloD, Stormwater ;Management ,Manual for the Puget Sound Basin (1992). Plan.Goal The goal of this plan is to infiltrate roof runoff, and to collect, treat and infiltrate stormwater runoff from the paved and landscaped areas in parcel B. Treatment for up to the 6 month design storm will occur in a bioswale as required by the City of Auburn Standards. Runoff from parcel A will be discharged into the City storm drain system. Preventative BNIP's . Preventative BMP's are primarily geared toward minimizing sediment and chemicals entering the storm Storm Water Easement. , aIvM($nance Agreement Page 6 of 9 19990817001579 PAGE 006 OF 009 KIING7000NTY, WA5 PACIFIC NW TIT EAS 24.00 ,w. f' . With the exception of packaging materials and office waste materials which are stored in outside dumpsters for recycling and disposal, no tivastc materials will be used or stored outside the building, To reduce the risk of release of waste into the storm drain system. all catchbasins or manholes with grates shall have stenciled next to them "DUMP NO WASTE-DRAINS TO GROUNDWATER". To minimize sediment that may enter the system. the parking lot shall be swept as necessary to remove debris. Treatment BNIP's Treatment SNIP's are primarily geared toward petrochemicals from vehicles which could accumulate on impervious parking surfaces. Stormwacer from the main parkin, area will be routed through the Bioswales. Vegetation in the bioswale will be maintained a minimum one inch above the design flow level. Inspection Periodic inspection of the described facilities is important to their ability to function as intended. All facilities including the bioswale, catchbasins, manholes, and infiltration system will be inspected at least two times per year and after periods of heavy runoff. Inspection will note any damage to the facilirv, sediment, debris, trash or floatable accumulation, and where applicable, quality of vegetation. Records for inspection and maintenance will be kept for 5 years after construction is complete and be available for the City Inspector to review. ;Maintenance To ensure proper operation and treatment the described facilities must be routinely maintained according to findings from the inspection report. Bioswales - Bioswales must be regularly mowed to maintain grass height between four and six inches. Grass clippings will be removed and properly disposed of. Sediment will not be allowed in excess of sir inches deep. Where deep sediment covers vegetation, the sediment shall be removed, grading performed as necessary and the area reseeded and fertilized. Care shall be taken so that fertilizers shall not enter groundwater or the receiving system. Trash or debris collected in the bioswale or in the trash rack shall be removed when evident. Also poisonous vegetation. trees or dead vegetation which may hinder the performance of the bioswale shall be removed when evident. Where erosion damage is apparent, slopes should be stabilized with proper erosion control measures. Catchbasins and Manholes - Sediment, trash and debris must be periodically removed from the facility sumps or grates. Any damage to the structure walls or base shall be repaired or in severe cases the structure shall be replaced to design standards. Grates or cover shall be repaired or replaced if misaligned, cracked or missing. Chemicals which may collect in the structure shall be removed so that no more than surface film remains. Storm Watet Easement and Maintenance Agreement Page 7 of 9 I PACIFIC NW TIT EAS 199908 1700 15 (,7 PAGE 007 OF 009 09/17/1999 14:25 KING COUNTY, WA 24.00 Person of Responsibility Gary Klontz Price-Helton Funeral Home 702 Auburn Way North Auburn, WA 98001 (253) 833-1165 Prepared by: Loma 1. Mauren, P.E. Cosmopolitan Engindering Group, Inc. 117 S 8c° Street Tacoma, WA 98402 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. c 1 Storm Water Easement and Maintenance Agreement Page 8 of 9 19990817001579 PAGE 008 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 " INSPECTION / IN(MNTENANCE CHECKLIST Structure Date of Inspection! maintenance I CB# I Inspection Results Maintenance I Done I CBT2 Inspection Results Maintenance Done Bioswale-;forth inspection Results Maintenance Done I Bioswale=South lnspeetion I I I Results ,4aintenance I I Done Infiltration Inspection I { Basin I Results J 1 J Maintenance f Done REF. HAFACTAC21ME98-932 and BLD0210_.98\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 9 of 9 I PACIFIC NW TIT EAS 24.00 19990817001579 PAGE 009 OF 009 00/17/1999 14:25 KING COUNTY, WA