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Home My WebLink About19990817001582 STORM EASEMENT 081799DEC Return Address: Ci City of Auburn , Y Or A City Clerk C/~' C.`K 25 West Main Auburn, WA 9$001 PACIFIC NtJ TIT EAS Above this line reserved for recording information. 19990817001582 08G17/01999F14009 :25 KING COUNTY, WA STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (13LD01.18-99 and FA00006-99) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Columbia Bank 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal DescriptioniSTR: SE'/4, 20-21-05 Additional on page: Assessor's Tax Parcel ID#: 030400-0490 V3`;--0 BY PNWT 7/914 THIS EASEMENT AND AGREEMENT made and entered into this 22-"'°- day of ►.e- , 19AI_, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Columbia Bank, a Washington corporation, located at 25 16 Street NE, Auburn, WA 9002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 2749 Auburn Way South, 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 Sold document(s) viers fllcad for ra eord lau pnei0r WnTihvi-ai TRIP saa Storm Water Easement and Maintenance Agreement accommad&Von only. It h s net been Page 1 of 9 examined as to proper execution or lpcc4s>E tau NOT REouOM as to its effect upon fide. . Refer Ptovkw s AN. i._.._. E►= . T~ - Deputy f 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. BLD0118-99 and FA00006-99, 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, MAINTENANCpw!,,: 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 ~I II I II I II li II ~ I ~ PACIFIC NW TIT EAS 19990817001582 PAGE 002 OF 009 08/17/1999 14:25 KING COUNTY, WA 24.00 e > 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 WO KS Owner E~< Date Owner Storm Water Basement and Maintenance Agreement Page 3 of 9 lilt 11111111 PACIFIC NW TIT EAS 24-.00 Date 19990817001582 PAGE 003 OF 009 08/17/1999 14:25 KING COUNTY, WA STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that 0, Z4kfK is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she ,"~4~s authox?'zed to ex,eute the in ment and acknowled RUE he J S FI--I )Me, Ul'~ ~ ~ I of ri ~7~Cl Q _ a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated -5/ 15 /q9 S Notary Public I aud f~o~r the State of Washington 9, a If 2s •O residing at l ub1U2, UDI . 3 /c-9 My appointment expires OF STATE OF WASHINGTON) )ss. County of King ) I certify that I know or.have satisfactory evidence that Ckg i S. 6hF E" I 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 e~eeeeaeeiae 4 .O , 0 NOTARY Cn: X20 PUBLIC 7 Z, oo: p ; Notary Public in and for the State of ashington % ~MeER 9residing at pt PAC v✓ WAS\*,~` My appointment expires i ticlis ~~~~eeeoeee~` DM/bd REF. BLD0118_.99\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 9 l 19990817001582 PAGE 004 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 EXHIBIT "A" SITE LEGAL DESCRIPTION LOT 18, BLOCK 3, AUBURN VIEW HEIGHTS REPLAT OF MUCKLESHOOT HEIGHTS,. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 67 OF PLATS, PAGE 3, IN KING COUNTY, WASHINGTON. TOGETHER WITH THE NORTH 117.43 FEET AS MEASURED ALONG THE EAST AND WEST LINES OF LOT 15 OF SAID BLOCK 3. . PARCEL f 030400-0490 Storm Water Easement and Maintenance Agreement Page 5 of 9 19994617001582 t PAGE 005 OF 009 ! 08/17/1999 1425 KING COUNTY, "A PACIFIC NW TIT EAS 24.00 EXHIBIT "B" Up& CONSULTING ENGINEERS/CIVIL AND STRUCTURAL POLLUTION PREVENTION PLAN I OF COLUMBIA BANK-FOREST VILLA AUBURN WAY S. & DOGWOOD ST. SE AUBURN, WA FOR COLUMBIA BANK 1519 West Valley Highway North/Suite 101 Post Oltice Box 836/Auburn, WA 98071 253-833.7776 Fax 253-939-2168 Storm Water Easement and Maintenance Agreement Page 6 of 9 19990817001582 ii PAGE 006 OF 009 08/17/1999 14:25 WA5 PACIFIC NW TIT EAS 24.00 Stormwater Pollution Prevention Plan Site Address This project is located in SW Y4 of SE Y4 of Section 20, W.M. The site address is 2749 Auburn Way S, Auburn, 030400-0490 and 030400-0460. Introduction Township 21 N„ Range 5 E. WA. Tax Parcel Nos. are This project involves the construction of a 3145 sf bank on a 0.58 acre lot. Stormwater will be treated via a Stormceptor and conveyed to an infiltration trench for permanent retention. 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 infiltration trench located along the north property line. 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 storm 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 properly maintained, as described in the following sections. Storm Water Easement and Maintenance Agreement Page 7 of 9 19990817001582 PAGE 007 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's The Stormceptor has 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. 11 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 Facilities and Section 5 of The Stormceptor System Technical Manual for maintenance requirements. Person of Responsibility Columbia Bank 2516 1h St. NE. Auburn, WA 98002 Contact: Don Lisko Phone: 253-939-9609 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 19990817001582 III PAGE 008 OF 009 ' III fill II 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS - 24.00 l INSPECTION\MAINTENANCE CHECKLIST STRUCTURE DATE OF I NSPECTION MAINTENANCE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE INF. TRENCH INSP. RESULTS MAINT. DONE DMIbd REF. H:TFAC\FAC06961E99-566 and BLD0118_.99\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 9 of' 9 f 19990817001582 PAGE 009 OF 009 I' 00i17i1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00