HomeMy WebLinkAbout9904020798 STORM EASEMENT 040299Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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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
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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.
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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:
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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•~
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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.
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Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT "B"
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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
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Stormwater Pollution Prevention Plan
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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.)
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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