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Home My WebLink About9904152148 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 04159r Return Address: City of Auburn City Clerk 25 West Main A-abum, WA 98001 1~ • C3. - Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (BLD0697-98) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Judith C. Cole 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: 18-21-05 Additional on page: Assessor's Tax Parcel ID#: 182105-9118 +v THIS EASEMENT AND AGREEMENT made and entered into this day of 19_9 T, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Judith C. Cole, CPA, located at 300 "M" Street NE, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 300 "M" Street NE, Auburn, WA 98002 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 d 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 9 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 r 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. LO NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED Rt THE PARTIES AGREE AS FOLLOWS: C n 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. BLD0607-98, 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 9 ~X? c?' Cti2 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that and CskrpA~e person(s) who appeared before me, and said individuaT%eir knowledged that he/ ey signed this instrument and acknowledged it to be his free and voluntary act for the uses and p es mentioned in this instrument. Dated /v2 - ~ STATE OF WASHINGTON) )ss. County of King ) Dated , '&"w Aw"Al Notary Public in f the State of Washington residing at My appointment expires .25/ '4-3M/ I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed tfAs 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 any for the uses and purposes mentioned in this instrument. ,111111//j/ 4"p", q % , NotaryPubli n and for e S of n residing at ~~"X44 My appointment expires l -0 ',tS~j,'• RUR4~,.•~.j~e•. ""7Z~ 6F WW/bd REF. BLD0607_.981STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 9 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 WORKS In" Date Owner Date t13 ~ a C Storm Water Easement and Maintenance Agreement Page 3 of 9 EXHIBIT "B" Stormwater Pollution Prevention Plan for 300 'M' Street N.E. BLD 0607-98 ~X7 Site Address Lr) The project is located in Section 18, Township 21 North, Range 5 East, W.M., on the east side of M Street N. E. south of 4th Street N. E. in the City of Auburn. The site address is 300 M Street N.E., Auburn, Washington 98002. The Tax Parcel Number is 182105.9118. Introduction The site comprises approximately 0.27 acres of land with an existing single family home and detached garage. Current runoff percolates into the ground except for driveway runoff, which runs into M Street. Once the project is constructed, runoff from parking/driveway areas will be directed to a vegetated bioswale running eastward along the south edge of the property. From there runoff will enter an open retention pond, where it will be dissipated primarily through infiltration to the ground.. Runoff from building roofs will be directed through downspouts directly to the ground. After, development, approximately 0.14 acres of the site will be impervious while the remaining 0.13 acres will consist of lawns, landscaping, etc. Plan Goal The goal of this plan is to maintain the infiltration of all runoff from the site into the ground. Any pollutant or sediment loadings are to be removed by onsite treatment mechanisms before the runoff shall enter the ground. Preventative BMP's The parking lot shall be swept as necessary to remove debris Storm Water Easement and Maintenance Agreement Page 6 of 9 Exhibit A LOT 1, CITY OF AUBURN SHORT PLAT #SPL0004-91, RECORDED IN KING COUNTY UNDER AUDITORS FILE #9107022075 on qKt c~ u~ c a~ Storm Water Easement and Maintenance Agreement Page 5 of 9 Treatment BMP's The grass in the bioswale and retention pond shall be mowed at regular intervals to maintain optimal water treatment operation. The grass in the bioswale should be maintained at a height of between 1 and 2 inches. Any dead areas in the swale shall be repaired immediately. Inspection Regular inspections will occur two times per year (spring and fall) as well as periodically throughout the year as the need arises. Records of inspection and maintenance will be kept for five years and shall be available for review by the City Inspector. Maintenance Routine maintenance will consist of mowing, tree trimming, and litter removal which will be performed regularly throughout the growing season. Events such as major windstorms shall trigger inspections which shall promptly correct any potential stormwater pollution problems. Person of Responsibility Judith Cole, C.P.A.. 300V Street N.E. Auburn, Washington 98002 Telephone 253.939.8334 Q'? Plan Prepared by ~ BCA Engineering P.O. Box 1624 Aubum, Washington 98071 L c0' 1 nature Date 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 9 References (1) ICng County Surface Water Design Manual, January 1994. (2) Stormwater Management Manual for the Puget Sound Basin, Washington State Dept. of Ecology, February 1992. Gn In C Storm Water Easement and Maintenance Agreement Page 8 of 9