HomeMy WebLinkAbout20000301000877 STORM EASEMENT 030100Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20000301000877
PACIFIC NW TIT EAS 23.00
PAGE 001 OF 008
03/01/2000 12:09
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREE ENT .
(FA00020-99 and BLD0325-99) ~ ;)-Z)
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) MAP, L.L.P. 2)
Additional on page:
r . Grantee/Assignee/Beneficiary: City of Auburn
CO Legal Description/STR: NW '/4, 18-21-05 Additional on page:
Assessor's Tax Parcel ID#: 182105-9129Sa4d '`''d fOr
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m THIS EASEMENT AND AGREVAPW made and entered into this day of
° -11►1- , 1, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and MAP, L.L.P., a Washington
limited liability partnership, located at 1215 S. Central Ave., #133, Kent, WA 98032, hereinafter
referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 726 Auburn Way North, 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 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
t i;r'I'SE TAX NOT REQUIRED
81 n Re rds Division
D.
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
r, repairs.
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o NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS:
Section 1, EASEMENT
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C 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
't" for the City of Auburn under Permit No(s). FAC0020-99 and BLD0325-99, 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 andlor 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 WORKS
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Owner
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Storm Water Easement and Maintenance Agreement
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STATE OF )
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COUNTY OF
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as the of
the , a limited liabil' t l,the free and
voluntary act of such party for the uses and purposes menti n in a in ent.
Dated 9 - 2'7- 9 9
.SAI+~ES ~ • [/jQ0 W
Notary Public in and for the State of Washington
residing at Pac« k C-
My appointment expires z -14-e>3
I certify that I know or have satisfactory evidence that 06ri-5 h K ~jkj
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 party for the uses and purposes mentioned in this instrument.
Dated q1111
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STATE OF WAMINGTON)
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County of King )
V~'() NOTARY ~GG✓d~~1^2 1 ' ' ~'G~
= cn :2 - * (P:Z-- Notary Publi in and for the State of Washington
p PUBLIC oo: p, residing at 2-rc e w
9ER `31 ~C?~: MY appointment expires 1 i
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REF. H:\FAC\FAC20911\E99-979 and BLD0325 .99\STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
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is/are the
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF GOVERNMENT LOTS 1 AND 8. SECTION 18. TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.
CITY OF AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST rORNER OF SAID SECTION 18;
THENCE NORTH 87'35'30" EAST ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1.251.20 FEET;
THENCE SOUTH 02'24'30' EAST A DISTANCE OF 118.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 02'24.30" EAST A DISTANCE OF 102.34 FEET;
THENCE SOUTH 8735'30" WEST PARALLEL WITH THE NORTH LINE OF SAID SECTION A DISTANCE OF
276.65 FEET TO THE EASTERLY MARGIN LINE OF AUBURN WAY NORTH;
THENCE NORTH 26'04'25" EAST ALONG SAID MARGIN LINE A DISTANCE OF 116.43 FEET TO THE SOUTH
LINE OF THE NORTH 118.00 FEET OF SAID SECTION 18;
THENCE NORTH 87'35'30" EAST ALONG SAID SOUTH LINE A DISTANCE OF 221.13 FEET TO
THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENTS. COVENANTS. AND RESTRICTIONS OF RECORD.
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Storm Water Easement and Maintenance Agreement
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EXHIBIT B
STORMWATER POLLUTION PREVENTION PLAN
FOR
AUBURN WAY NORTH OFFICE BUILDING
FAC# 0020-99
o SITE ADDRESS
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726 AUBURN WAY NORTH
o AUBURN, WA 98002
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o THE PROJECT SITE IS WITHIN A PORTION OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN IN THE CITY OF AUBURN.
AUBURN WAY NORTH ABUTS THE WEST SIDE OF THE PROPERTY. THE SITE IS
GENERALLY BETWEEN 8' STREET NE AND 7T'i STREET NE.
THE PROPOSED PROJECT WILL BE BUILT ON AN L-SHAPED LOT WITH A TOTAL AREA OF
APPROXIMATELY 0.83 ACRES. THE PROPERTY IS PRESENTLY COVERED MOSTLY WITH
GRASS AND A FEW TREES. SITE SOILS ARE CLASSIFIED AS URBAN TYPE SOIL IN THE SCS
SOIL SURVEY FOR KING COUNTY. THE GROUND IS MOSTLY FLAT, AND GENERALLY
SLOPES TO THE WEST.
IT IS PROPOSED TO CONSTRUCT A 4,000 SQ.FT. OFFICE BUILDING AND ASSOCIATED
PARKING WITHIN THE NORTHERN PORTION OF THE PROPERTY. THE SOUTHERN HALF OF
THE PROPERTY WILL REMAIN UNDISTURBED AT THIS TIME. THE TOTAL IMPERVIOUS
AREA BEING PROPOSED IS APPROXIMATELY 15,690 SQ.FT., SINCE THIS IS LESS THAN 20,000
SQ.FT., THEREFORE A STORMCEPTOR IS BEING PROPOSED TO PROVIDE WATER-QUALITY
TREATMENT. AN INFILTRATION FACILITY WILL BE INSTALLED IN THE NORTHEAST
CORNER OF THE PROPERTY TO PROVIDE STORM QUANTITY CONTROL. THE FACILITY
WAS SIZED TO RETAIN THE DESIGN VOLUME FOR THE 25-YR, 24-HR POST-DEVELOPMENT
CONDITION PLUS A 1.4 SAFETY FACTOR. OVERFLOW WILL BE THROUGH A PIPE BETWEEN
CB NO. I AND THE EXISTING CATCH BASIN IN FRONT OF THE PROPERTY.
IT IS ESTIMATED THAT APPROXIMATELY 0.36 ACRES OF THE SITE WILL BE IMPERVIOUS
SURFACES, AND THE REMAINING 0.47 ACRES WILL REMAIN PERVIOUS.
PLAN GOAL
THE GOAL OF THE POLLUTION PLAN IS TO PREVENT OR REDUCE POLLUTION OF
DOWNSTREAM FACILITIES AND WATER RESOURCES. ALL ON-SITE RUNOFF SHALL BE
DIRECTED THROUGH A WATER QUALITY FACILITY PRIOR TO LEAVING THE SITE. A
STORMCEPTOR IS PROPOSED FOR THIS SITE.
Storm Water Easement and Maintenance Agreement
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PREVENTATIVE BMP'S
GOOD HOUSEKEEPING SHOULD BE PRACTICED TO CONTROL STORMWATER POLLUTION.
ADEQUATE MAINTENANCE AND WARNING SIGNS SHOULD BE PROVIDED TO PREVENT
CONTAMINATION OF WATER RESOURCES.
THE CATCH BASINS SHALL HAVE THE WARMNG" DUMP NO WASTE-DRAINS TO .
GROUNDWATER" STENCILED NEXT TO IT. ANY ACTIVITY THAT INVOLVES POLLUTANTS
SHALL BE DONE IN A COVERED AREA IF POSSIBLE. THE PARKING LOT SHALL BE SWEPT
WHEN NECESSARY TO REMOVE DEBRIS.
TREA,r.,NIENT BNIP'S
A PERMANENT STORaMCEPTOR WILL BE UTILIZED FOR WATER QUALITY TREATMENT
PRIOR TO DISCHARGE INTO THE CITY'S STORM SYSTEM. THE STORMCEPTOR SHALL BE
PER THE LATEST CITY OF AUBURN STANDARD.
INSPECTION
A QUALIFIED INDIVIDUAL SHALL PERFORM INSPECTION OF THE FACILITIES. THE
STORMCEPTOR SHALL BE INSPECTED A MIAIINUM OF 2 TIMES A YEAR AND RECORDS
KEPT FOR A PERIOD OF 5 YEARS. THE CATCH BASINS AND CONTROL STRUCTURE SHALL
ALSO BE INSPECTED AT LEAST TWICE A YEAR FOR ACCUMULA7I71ON OF SEDIMENT. THE
CC) CONTROL STRUCTURE'S RISER CAP AND ORIFICES SHALL BE IN PLACE PER THE AS-BUILT
ca PLANS.
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ILIAINTENAINCE
m WARNING SIGNS - "DUMP NO WASTE-DRAINS TO GROUNDWATER" SHALL BE PAINTED
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o ADJACENT TO THE STORM DRAIN INLETS. THEY SHALL BE REPAINTED AS NEEDED.
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cm CATCH BASINS - CATCH BASINS SHALL BE CLEANED IF THE DEPTH OF DEPOSITS ARE
C-4 EQUAL TO OR GREATER THAN 113 TIME DEPTH FROM THE BOTTOM OF THE BASIN TO THE
LOWEST PIPE INVERT IN THE CATCH BASIN. IF THE CATCHBASIN IS FOUND DURING THE
INSPECTION TO SIGNIFICANTLY EXCEED THIS STANDARD, IT SHALL BE CLEANED EVERY
6 MONTHS AND WHENEVER NECESSARY. IF WOODY DEBRIS IS LIKELY TO ACCUMULATE
IN THE CATCH BASIN, IT SHOULD BE CLEANED ON A WEEKLY BASIS.
STORMCEPTOR - THE STORMCEPTOR SHALL BE MAINTAINED SIB ULAR TO THE CATCH
BASIN, IN ADDITION, ALL PARTS AND CONNECTIONS SHALL BE IN GOOD CONDITION, FIX
OR REPLACE AS NECESSARY.
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PERSON OF RESPONSIBILITY
(NOTE: FUTURE PROPERTY OWNERS SHALL BE NOTIFIED AND SHALL ASSUME
RESPONSIBILTY)
MEL L. DALEY, P.E.
726 AUBURN WAY NORTH
AUBURN, WA 98002
(253) 854-9344
DATE:
MEL L. DALEY, P.E.
PREPARED BY:
DALEY-MORROW-POBLETE, INC.
1215 CENTRAL AVE. SO. #133
KENT, WA 98032
(253) 854-9344
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 OF AUBURN UTILITIES SECTION.
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REF. H:\FAC\FAC20911\E99-979 and BLD0325 .99\STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
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