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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 d w+, 0 ao s) 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 zi 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. rd 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 M d Storm Water Easement and Maintenance Agreement Page 3 of 8 STATE OF WASHINGTON) )ss. County of King ) tXJ 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 o O BER F ~tttlttttYi STATE OF WASHINGTON) )ss. 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. a 0 00 m 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. C1! Ca CT? HPM/bd REF. Y:\PRMSYS\DOCUMENT\BLD0466 .97\STMWAT Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT "B" Stormwater Pollution Prevention Plan for TAQUERIA MAZATLAN BLD#0466-97 Q~ 0 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. t~ 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 lZ !5- $1116'n af&eDated e4 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. or fl •Cr~ ,(IrJ Storm Water Easement and Maintenance Agreement Page 8 of 8