HomeMy WebLinkAbout9904152148 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 04159r
Return Address:
City of Auburn
City Clerk
25 West Main
A-abum, WA 98001
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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
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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
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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
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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:
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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
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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
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NotaryPubli n and for e S of n
residing at
~~"X44 My appointment expires l -0
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REF. BLD0607_.981STMWATEASE&MAINTAGREE
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 PUBLIC WORKS
In" Date
Owner Date
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Storm Water Easement and Maintenance Agreement
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EXHIBIT "B"
Stormwater Pollution Prevention Plan
for
300 'M' Street N.E.
BLD 0607-98
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Site Address
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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
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Exhibit A
LOT 1, CITY OF AUBURN SHORT PLAT #SPL0004-91,
RECORDED IN KING COUNTY UNDER AUDITORS
FILE #9107022075
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Storm Water Easement and Maintenance Agreement
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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
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Plan Prepared by
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BCA Engineering
P.O. Box 1624
Aubum, Washington 98071
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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.
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Storm Water Easement and Maintenance Agreement
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