HomeMy WebLinkAbout19990817001586 STORM EASEMENT 081799A a) s, 9-
DEC
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1999
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`Return Address:
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ity of Auburn
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City Clerk
25 West Main
19990817001886
Auburn, WA 98001
PAGE 001 OF 009
08/17/1999 14.25
PACIFIC NW TIT EAS KING COUNTY, WA
24.00
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Charlie Pieratt 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW SW '/a, 13-21-04 Additional on page: J
Assessor's T'ax Parcel ID#: 132104-9010
12 FILED B NVV q a y
THIS EASEMENT AND AGREEMENT made and entered into this 7 3 day of
-3-w , 1911 by and between the City of Auburn, a municipal corporation of
King Count , Washington, hereinafter referred to as "CITY" and. Charlie Pieratt, located at
1310 West Main 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 1302 W. Main St., Auburn, WA 98001, 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 Said document(s) tv re filed for
record by Pacific i\Ir"I'bh lest Title as
armmrnro'Oo4inpt n.1~r• hoc .~Cl~++onn
Storm Water Easement and. Maintenance Agreement examined as to propor execudm or
Page 1 of 9 as to its effect upon title.
EXCISE TAX MW REQUIRED
Retw i Wet AN.
ey~... Depudy
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 No. BLD0254-99, 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
Page 2 of 9
19990817001586
PAGE 002 OF 009
~I I 08/17/1999 14:25
PACIFIC NW TIT EAS _ 24.00 KING COUNTY, WA
r
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
Owner
Owner
Storm Water Easement and Maintenance Agreement
Page 3 of 9
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Date
19990817001586
PAGE 003 OF 009
08/17/1999 14:25
KING COUNTY, WA
PACIFIC NW TIT EAS 24.00
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that LV IGUr 1-f S 0'%
and
is/are the person(s) who appeared before me, and said individual(s) acknowledged that
he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act
for the us@s al~Id~ pu~~se j~me~Itioned in this instrument.
Dated
(N,
County of King ) &-o-LAQ
STATE OF WASHINGTON)
)ss.
M rrq~'~ 14pwu~>
Notary Public In and for the State of Washington
residing at
My appointment expires
I certify that I know or have satisfactory evidence that
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
,I/IIIIII/IIIII
.`~`I.~~1E
g10N~c~;F
V O~ NOTARY 9cc~ :
'U - - U)1
;.A 0, PUBLIC
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FMBER';
IWA'
WW/bd
Notary Public
residing at
My appointment
REF. BLD0254_.99\STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
Page 4 of 9
I
PACIFIC NW TIT EAS
of Washington
19990817001586
PAGE 004 OF 009
08/17/1999 14:25
24.00 KING COUNTY, WA
EXHIBIT*'.A'.
LEGAL DESCRIP ION
THE WEST 355.23 FEET OF THE EAST 685 FEET
OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SEC. 13, TWP. 21N, R. 4E. W.M., IN
KING COUNTY, WASHINGTON; LESS THE NORTH 140.4
FEET OF THE WEST 90 FEET THEREOF, ALSO LESS
STATE ROAD, PARCEL 1132104-9010
Storm Water Easement and Maintenance Agreem--`
Page 5 of 9 19990817001586
PAGE 005 OF 009
08/17/1999 14:25
KING COUNTY, WA
PACIFIC NW TIT EAS 24.00 -
$XHIBIT `B'
FS)
CONSULTING ENGINEERS/CIVIL AND STRUCTURAL
I'
PIERATT OFFICE/WAREHOUSE BUILDING
1302 W. MAIN
AUBURN, WA
FOR
GW CONTRACTORS
36921 ST" AVE. SW
FEDERAL WAY WA 98203 vLON
'JUNE 1999 11103
R.E. JOB NO. 99014
1519 West Val!ey Highway North/Suite 101
Post Office Box 836/Auburn, WA 98071
253-833.7776 Fax 253-939.2168
Storm Water Easement and Maintenance Agreement
Page 6 of 9 f
19990817001586
PAGE 006 OF 009
III Ii III 08/17/1999
COUNTY, WA
K
PACIFIC NW TIT EAS 24.00
a
Stormwater Pollution Prevention Plan
Site Address
This project is located in NW % of the SW % of Section 13, Township 21 N., Range 4
E. W.M. The site address is 1302 W. Main St., Auburn, WA. Tax Parcel No. is 132104-
9010.
Introduction
This project involves the construction of a 50,400 sf office/warehouse building, parking
stalls, and connection to existing utilities. Stormwater will be treated via several
existing oiltwater separators already present on site. All roof runoff will be collected
into roof drains and conveyed directly to the storm system.
Plan Goal
The goal of the plan is treat the runoff for water quality before discharging to the public
storm system in West Main Street.
The property owner is required to enhance and protect water quality due to stormwater
discharges from the site, as dictated by the City of Auburn's Developer Design Manual.
In this document, the site's stone drainage system is generally described and the
inspection and maintenance requirements are outlined.
Preventative BMP's
Preventative Best Management Practices (BMP'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 storm drainage system should be
kept free of debris and any dangerous wastes which may pollute the
storm drainage system. Storm drains shall be stenciled "DUMP NO
WASTE, DRAINS TO STREAM."
2) The storm drainage utilities should be property maintained, as described
in the following sections.
Storm Water Easement and Maintenance Agreement
Page 7 of 9
19990817001S86
PAGE 007 OF 009
08-'17/1999 14:25
PACIFIC MW TIT EAS 24,00 KING COUNTY, WA
. :r
Stormwater Pollution Prevention Plan (Cont.)
Treatment BMP's
The existing oil/water separators have 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 for maintenance
requirements.
Person of Responsibility
Charlie Pieratt
1310 W. Main St.
Auburn, WA 98001
Contact: Charlie Pieratt
Phone: 253-939-1660
-Design-Engineer: - Rupert Engineering, Inc.
Contact: Larry Krueger
1519 West Valley Hwy. N., Suite 101
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.8 of .9
19990817001586
uI PAGE 008 OF 009
°01 KIING7000NTY, WA5
PACIFIC NW TIT EAS 24.00
INSPECTION\MAINTENANCE CHECKLIST
ww BZI
REF. BLD0254 .99\STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
Page 9 of 9
19990817001586
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