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Home My WebLink About9904020798 STORM EASEMENT 040299Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 ~/pU C/~ ~'pc ? ~9~9 D,C f. - ~ W a .P, 0 rv ' C. a c b S: M ['7 °c --y m t-a c7 0 to Above this line reserved for recording information. GI STORM WATER EASEMENT AND MAINTENANCE AGREEMENT K. (FA00024-98, BLD0838-97) Reference # (if applicable): N/A Additional on page: GrantoriBorrower: 1) Auburn Properties, Inc. B4--i yJsrn filed for Grantee/Assignee[Beneficiary: Legal Description/STR.: recoi-i b ° -Ad'ditionaijonpage as :SCE b8b`Cr-- City of Auburn emmined as to proper execution or NW 30-21.05 aS t0 it3 ziTGd4il`di'1Aftl on page: Assessor's Tax Parcel ID#: 302105-9006-09 =D 0' Y "N"Nif THIS EASEMENT AND AGREEMENT made and entered into this day of , 19I T , by and between the City of Auburn, a municipal corporation of King ounty, Washington, hereinafter referred to as "CITY" and Auburn Properties, Inc., a d Washington corporation, located at P O Box 608, Auburn, WA 98071-0608, hereinafter referred to as "PROPERTY OWNER". v 7 WHEREAS, PROPERTY OWNER. has applied for certain pen-nits with the CITY for the construction of facilities at 2808 "A" Street SE, 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. ru ~o. Q Storm Water Easement and Maintenance Agreement Page 1 of 9 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. Q NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: C 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. FAC0024-98 and BLD0838-97, 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. Storm Water Easement and Maintenance Agreement Page 2 of 9 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. CITY OF AUBURN k DIRECTOR OF PUBLIC WOR ~ caner ~~SvEH t~a~E.rteg`~ Late , , Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that J ^w-'o'S 6 se-wwG'eZ is the person who appeared before me, and said person acknowledged that heAhe signed this instrument, on oath stated tfAt he/shewas authorized to execute the instru rent and acknowledged it as the WA,4E,4 of 19wsulex) Fc .6 he.S a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated STATE OF WASHINGTON) )ss. County of King ) Notary Public in d fc t e e of Washington residing at &jeV My appointment expires /Q-d 4-C7CJ I certify that I know or have satisfactory evidence that I..XUL..~tM.-~ 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 su h party for the uses and purposes mentioned in this instrument. Dated $-a'3•~ CT: ,,~~~r~rurrrrr h K(7Ef N''% ~ C y ` ~ 0N EXP y~ ,9 «O On 0`• N ~ of "N • rrrrrrrrr~~N KO/bd am&Z=2 84~ ~ k&(ea L. Kae-htl Notary Pub ' in and fort State of Washington residing at My appointment expires •d REF. H:\FAC\FAC2482\E98-810 and BLD0838 .97\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A": SOUTH 20 ACRES OF NORTH 26 ACRES OF GOVERNMENT LOT 1 IN SECTION 30, TOWNSHIP 21N, RANGE 5E, W.M., IN KING COUNTY, WASHINGTON; EXCEPT PORTION LYING WITHIN- STATE HIGHWAY 5. PARCEL "B": SOUTH 10 ACRES OF GOVERNMENT LOT 1, SECTION 30, TOWNSHIP 21N, RANGE 5E, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 20 FEET CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER AUDITOR'S FILE ON. _ NO. 930024, RECORDS OF SAID COUNTY; EXCEPT PORTION LYING WITHIN STATE HIGHWAY 5. C Cl C - w Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT "B" i~ CONSULTING ENGINEERS/CIVIL AND STRUCTURAL r O~ POLLUTION PREVENTION PLAN OF CONCRETE PLANT ADDITION 2808 A STREET SE AUBURN, WA FOR. UTILITY VAULT CO. i NOVEMBER 1997, REVISED MAY 1998 R.E. JOB NO. 96153 1519 West Valley Highway North/Suite 101 Storm Water EasementVidMSiR fit eftreement Page 6 of 9 I Stormwater Pollution Prevention Plan C C~2 O Q' C J7 w. Site Address This project is located in Section 30, Township 21 N., Range 5 E. W.M. The site address is 2808"K STREET SE, AUBURN, WA. Tax Parcel No. is 302105-9006-09, Introduction This "Concrete Plant Addition" involves the addition of a concrete plant located on a portion of a 28.65 acre lot. Stormwater will be treated via bioswales before being conveyed to infiltrations for permanent retention. All roof runoff will be collected into roof drains and conveyed directly to infiltration trenches. Plan Goal The goal of the plan is treat the runoff for water quality before entering the infiltration trenches for permanent retention. 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 disharge 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 Stormwater Pollution Prevention Plan (Cont.) Q? O O O d'J Treatment BMP's e Biofiltration swales 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 Kinq County, Washington, Surface Water Design Manual. Appendix A. Maintenance Requirements for Privately Maintained Drainage Facilities for maintenance requirements. Person of Responsibility - Utility Vault Co. PO Box 588 Auburn, WA 98002-0588 Contact: Keith Moergeli Phone: 253-839-3500 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 Storm Water Easement and Maintenance Agreement Page 8 of 9 INSPECTION\MAINTENANCE CHECKLIST 0 STRUCTURE DATE OF I NSPECTION MAINTE NANCE C6* INSP. RESULTS MAINT. DONE CB* INSP. RESULTS MAINT. DONE CS # INSP. RESULTS MAINT. DONE CB # INSP. RESULTS MAINT. DONE C3* INSP. RESULTS MAINT. DONE CB # INSP. RESULTS MAINT. DONE CS # INSP. RESULTS MAINT. DONE I CB # INSP. RESULTS MAINT. DONE Cs* INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS MAINT. DONE INF. TRENCH INSP. RESULTS MAINT. DONE INF. TRENCH INSP. RESULTS MAINT. DONE INF. TRENCH INSP. RESULTS MAINT. DONE Storm Water Easement and Maintenance Agreement Page 9 of 9