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Home My WebLink About9706131397 STORM EASEMENT 061397t•d V-q R Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 RECEIVED THIS f)Ay JUN 5 f 53 PIf X97 f3Y ~d OF RECUI;;' 0 10NS ICIP± r;r•• ry 3. l3, ~3 w Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC0026-96 and BLD0673-96) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Dave Ralph 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal DescriptiojVSTR: SW 1/4 21-21-05 Additional on page: Assessor's Tax Parcel 1D#: 212105-9067 THIS EASEMENT AND AGREEMENT made and entered into this Z3-` day of aly r I' I , 191 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Dave Ralph, located at 13510 SE 301 Street, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain pert-nits with the CITY for the construction of facilities at 2148 Noble Court SE 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 will be in perpetuity to provide both quantity and quality of discharge; and a a Storm Water Easement and Maintenance Agreement Dave Ralph Page 1 of 8 T•s 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 ie WHEREAS, an easement is needed to bring in maintenance equipment; and M M 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 ,r4 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. FA00026-96 and BLD0673-96, 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 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, the Stormwater Pollution Prevention Maintenance and Operation Schedule (Exhibit `B"), and does hereby allow the CITY to come onto the property of the PROPERTY OWNER via the easements described above and to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, and the PROPERTY OWNER fails to maintain, in that event the PROPERTY OWNER shall reimburse the CITY for the costs incurred in maintaining the system and should the CITY incur attorneys fees and costs in enforcing the agreement and/or maintaining or collecting maintenance fees the PROPERTY OWNER agrees to pay reasonable attorney fees and costs of the CITY. Storm Water Easement and Maintenance Agreement Dave Ralph Page 2 of 8 Section A, 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 w DIRECTOR OF P LIC WOR S ;°I'.~i° Owner Date g] Date Vol r'I , r Storm Water Easement and Maintenance Agreement Dave Ralph Page 3 of 8 STATE OF WASHINGTON) )ss. County of King ) I certify that know or have satisfa tory evidence that 1j 1;4 l.U. ~LLJ /J -and ono l Q rrn . e Ware the person(s) who appeared before me, and said individuals(s) acknowledged that.he/sWthey signed this instrument and acknowledged it to be hisfher/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated 'o . . d NOTAR --f- : * Notary Public in and for the Sate of Washington PUBLICl residing at "4N My appointment expires a/ CJ/N ~OFWAS~ STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that 1"TU 11 44.C y ! l 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 purpose a tioned in this instrument. Dated 1 Z3 Cl OLIN C- p GP o N07M- y m ~-t % = cn ' -1 PL" F wASHtN~:•`,~ ''••,n1•..a•• F / Nota'r'y- Public ' and for the State residing at c'-YLe (ov My appointment expires Washington REF. H:\FAC\FAC2665\E97-304 (12/96) AND Y:\PRMSYS\DOCUMENMLD0673_.97\EASEMAIN Storm Water Easement and Maintenance Agreement Dave Ralph Page 4 of 8 EXHIBIT A LEGAL DEASCRIPTION The north 291.50 feet of the west 132 feet of the NE 1/4 of the SE 1/4 of the SW 1/4 of Section 21, T2 IN, ME, W.M., in King County, Washington. CT: t1~ Storm Water Easement and Maintenance Agreement Dave Ralph Page 5 of 8 EXHIBIT B Stormwater Pollution Prevention Plan for Noble Court 11 16 Unit Apartment Complex Auburn, WA S E P #0030-96 BLD #0673&674-96 FAC #026-96 Site Address: Introduction: P The site address is: 2/48 Noble Court SL:, Arrhurn, WA 98001 The project is located in the SW i~ of Section 21, Township 21 North, Range S East, W.M. The project includes the sitework and construction of 4 fourplex apartment writs for a total of 16 units with associated parking and landscaping on a 0.88 acre sae. .iivi nvorer rruroff from approximately 0.3 acres of paved parking lots and driveways is collected, detained in the parking lots and then routed through 115 !f of biofrltration swale prior to discharge to an onsite infiltration system on the subject tract. The runoff from building downspouts is discharged via individual drywells located adjacent to each building -Plan Goal: oral ~I The goal of the Stormwater Pollution Prevention Plan is to provide a guide for the implementation of an effective operation and maintenance plan for the privately owned storm drainage collection, detention, biofrltration and infiltration facilities to be constructed with the apartment complex. The proper and timely maintenance of the drainage facilities will insure effective operation of the water quality and volume controls installed. Preventative BXP'S: Best Management Practices for the site include the regular inspection and maintenance of the drainage facilities as follows: • catch basins and all other drainage facilities visually inspected for obstructions, damage or other signs of potential failure. • parking lots routinely swept clean and maintained • residents prohibited from changing oil antifreeze, etc. in parking lots. • proper maintenance of landscaping and bioswales. Storm Water Easement and Maintenance Agreement Dave Ralph Page 6 of 8 Y Treatment BMP'S: A bioftltration Swale has been designed into the storm drainage facilities to convey and treat runoff fir conventional pollutant s. The biof ltrati'n swale was designed to frcnction with a grass height of approximately 1-718"at design flow. The swale should not mowed to a height of less that 2-7,,(3 • The grass in the.swale should be till and healthY, with any dead .f ~-I patches removed and repaired. • Remove sediment build-up of more the one inch from the swa/e. • Remove grass clippings, trash or any ether debris from the swale. Q • Catch Basins shall be cleaned when scamp is 213 fiull of sediment or debris. Inspection: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City. Additional inspections may he required after severe seasonal storms. Maintenance: Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The grass should be mowed regularly to maintain a grass hei ght of not less than 2-718". The parking lots and driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections for damages. Person of Responsibility: Dave Ralph, TCR Construction 13510 SE 301st Street Auburn, WA 98002 Ph 206-631-2668 Engineering Plan Prepared By: Andy J. Rykels, P.E. (temp address): Rykels Engineering Group, Inc. 139 Beaver Road Weston, MA 02193 Ph 617-237-0168 (permanent address): 28301-183rd Ave SE Kent, WA 98042 Storm Water Easement and Maintenance Agreement Dave Ralph Page 7of8 9746131397 • NOBLE COURT II 16- UNIT APARTMENTS, AUBURN, WA INSPECTION / MAINTENANCE CHECKLIST (STRUCTURE DATE OF INSPECTION / MAINTENCE a 8 cn u u C r C a~ a r L CB #1 Inspection Results Maintenance Don CB #2 Inspection Results Maintenance Don CB #3 Inspection Results Maintenance Don CB #4 Inspection Results Maintenance Don CB #5 Inspection Results Maintenance Don E a~ N r W r c. w 3 0 00 ~;0 o ~ CO 65