HomeMy WebLinkAbout9802200883 STORM EASEMENT 022098Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
FE B 2 3 1998 Reduced Copy of original Document
CITY OF AUBURN
CITY CLERKS OFFICE
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Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(BLD0466-97)
Reference # (if applicable):
N/A
Additional on
page:
Grantor/Borrower:
1) Andres G. Cardenas
2)
Isabel C. Mora
Additional on
page:
Grantee/Assignee/Beneficiarv:
Citv of Auburn
Legal Description/STR:
SW 1/4 21-21-05
Additional on
page:
Assessor's Tax Parcel ID#:
212105-9043
THIS EASEMENT AND AGREEMENT made and entered into this i1 day of
~k , 19~, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Taqueria Mazatlan
Resturant, located at 3302 Auburn Way South, hereinafter referred to as "PROPERTY
OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 3302 Auburn Way South 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
Storm Water Easement and. Maintenance Agreement
Page 1 of 8
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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
O
PROPERTY OWNER hereby provides an easement over, under and on that portion of the
0 property as showing on the approved Record Drawings revised pursuant to construction records
00 for the City of Auburn under Permit No. BLD0466-97, 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.
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Storm Water Easement and Maintenance Agreement
Page 2 of 8
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
DMECTOR OF PUBLIC WORKS
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Storm Water Easement and Maintenance Agreement
Page 3 of 8
STATE OF WASHINGTON)
)ss.
County of King )
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I certify that I know or have satisfactory evidence that Andres G. Cardenas and Isabel C.
Mora is/are the person(s) who appeared before me, and said individuals(s) acknowledged that
he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act
for the uses and purposes mentioned in this instrument.
Dated _ /,A- !5~ -9'7
i~ NOTARY 9wi
1~i0 PU UC
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BER
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STATE OF WASHINGTON)
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County of King )
T m,2ra A- ,80tfi e1/
19xmd"'C 14- X/
Notary Public 'n and fi the State of Washington
residing at ~d
My appointment ex ires !D -
I certify that I know or have satisfactory evidence that 6 u A YL- A .c f t -ems
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 rl'- ~ i-r
w1111181111, -
5r g~ON E! of
oa~No,~Aac
= m E~ : p Notary Public in and for th State of Washington
"
PVat1C~o;;' residing at n6l n(1l
~a~ ~t!NE 19'-" My appointmentxpires., If.l I I
O F~VJ P.
Storm Water Easement and Maintenance Agreement
Page 4 of 8
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 andlor the possibility of incarceration in addition to the fees
for maintenance should violations occur.
EXECUTED as of the date first written above.
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CITY OF AUBURN
DI ECTOR OF PUBLIC WORKS
"AL
Owner Date 9, 7
caner Date
Storm Water Easement and Maintenance Agreement
Page 3 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 1, CITY OF AUBURN SHORT PLAT NUMBER SPL-0003-95,
RECORDED UNDER RECORDING NUMBER 9508210641, BEING A
PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST OF
THE WILLIAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON.
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Storm Water Easement and Maintenance Agreement
Page 5 of 8
EXHIBIT "B"
Stormwater Pollution Prevention Plan
for
TAQUERIA MAZATLAN
BLD#0466-97
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Site Address
The project is located in the SW % of the SW'/4 of Township 21 North, Range 5
East, W.M. The site address is 3302 Auburn Way South and is lot 1 of the short
plat recorded as file no. 9508210641.
Introduction
The site area encompasses 0.75 acres fronting on Auburn Way South (SR164)
on the south, an undeveloped parcel on the east, the Forest Ridge Apartments
on the north and a pet grooming business on the west.
The proposed project will use and expand the shell of an existing structure (last
used as tavern).into the Taqueria Mazatlan Mexican Restaurant. The front 185
feet will be developed with circulation and parking facilities and the rear 55 feet
will provide a vegetative buffer and drainage facilities.
The site is flat and generally sloping to the north. Concrete valley gutters will be
incorporated into the parking/circulation area to convey runoff to the northwest
corner of the improvements. At this point all flows will pass through a blockout in
the curbing and enter a biofiltration swale. Runoff is conveyed through the swale
into an infiltration facility located in the northeast corner of the property.
After development, the site will consist of 0.5 acres of impervious area with the
remaining 0.25 acres consisting of lawns, landscaping, etc.
Plan Goal
The goal of the plan is to treat all on-site runoff for water quality by directing
flows through bio-swales to an infiltration facility. The infiltration facility is
designed to retain runoff volumes for the 100 year, 24 hour storm event and is
upsized to include a safety factor of 1.5x to compensate for no overflow. All
runoff is designed to infiltrate, increasing water quality substantially.
Storm Water Easement and Maintenance Agreement
Page 6 of 8
Preventative BMP's
The area of the parking lot that inlets to the biofiltration swale shall have the
following stenciled next to the break in the curbing; "DUMP NO WASTE -
DRAINS TO GROUNDWATER".
The parking area shall be swept as necessary to remove debris prior to entering
the bio-swale and infiltration system.
Treatment BMP's
A biofiltration swale has been designed for the site to convey and treat runoff for
conventional pollutants. The swale was designed for the 6-month storm event
for water quality treatment and is also sized to convey the 100-year event with
one foot of freeboard.
Inspection
Inspect the bio-swale at least twice a year, with special attention after heavy
runoff. Re-vegetate as necessary to maintain in the designed condition.
Maintenance records must be kept for five (5) years and available for City
Inspector review.
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Maintenance
To ensure proper water quality treatment, the bio-swale must be properly
maintained. During the summer months the swale must be mowed regularly,
maintaining a grass length of approximately six (6) inches with prompt removal
and proper disposal of grass clippings. Removal any sediment six (6) inches
deep or covering and vegetation is also necessary. Remove sediments, fertilize
and reseed as necessary. Be careful to avoid introducing fertilizer to the
groundwater.
Person of Responsibility
Name:
Address:
Andres Cardenas
1410 LaFronbaise Street
Enumclaw, WA. 98022
Emer y Conta phone 360-825-7028
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Storm Water Easement and Maintenance Agreement
Page 7 of 8
Plan prepared by: Michael J. Terrell, P.E.
The McAndrews Group, Ltd.
11555 Northup Way, Suite 100
Bellevue, WA. 98004
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.
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Storm Water Easement and Maintenance Agreement
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