No preview available
HomeMy WebLinkAbout9902052098 STORM EASEMENT 020599A 0.)3- G"? C~ C7 Return Address: City of Auburn City Clerk. 25 West Main Auburn, WA 98001 7D to L~o Q N g tJ~ IUD S~ is c z X G'S C7 O C 77 1*t f.- Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 3i (FAC0003-98 and BLD0014-98) Reference # (if applicable): N/A Additional on page: Grantor/I3orrower: 1) Mildred Danner 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 14, NW '/4, 31-21-05 Additional on page: Assessor's Tax Parcel ID#: 665500-0055 THIS EASEMENT AND AGREEMENT made and entered into this _I day of GcAb~5zc , 19 `1`6 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Mildred Danner, located at 100222 nd St. NE, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 307 Oravetz Place SE, Auburn, WA 98002 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 I 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. O NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED C~ l~ THE PARTIES AGREE AS FOLLOWS: O Section 1, EASEMENT O C1~ 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 No(s). FA00003-98 and BLD0014-98, 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 8 M , 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' DIRECTOR OF PUBLIC WO S are i- ~I~",ti caner ~D,ate! ~fJpp ~ r~~~'1 ✓ fl1'% Owner Date Q) P? L7 tY C7 C1~ Storm Water Easement and Maintenance Agreement Page 3 of 8 I STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that -Wrr*r A- and Cn is/are the person(s) who appeared before me, and said individual(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 to `1 oli STATE OF WASHINGTON) )ss. County of King ) l £D S'CRgv(3 Notary Public in and fort the State of Washington residing at AUIRVM)LAA My appointment expires I - - ~2Uu I certify that I know or have satisfactory evidence that 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 a t of s ch~i arty for the uses and purposes mentioned in this instrument. Dated 1T q/ ? ,,111111 E/y q/11A 1 Ekp; : -0 -V o p . Notary Publ'c in and for th State of Washington c residing at '~~eHUAPy My appointment expires 0 110-1 i~11010OF41'e`c~ WW/bd REF. H:\FAC\FAC0384\E98-1046 and BLD014 .98\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 8 r EXHIBIT "A" TNE• ;WST 500' OF TRACT 14. NE PARKER HOMESTEAD, ACCOR0ING TO NE PIA T -%ERE RECORDED IN WWME'. 8 OF FLA-M RAGE .5j;. RECORDS OF K'ING'. COUNTY, W,45HIN'GTOV, TNE' PORTION L KNO NORN OF- THE SRIM. RI.WR AND EXG 'T TH'A 7"' PQRTJ'GyV C.o)v v,FYED TO K11V0- COUNTY FOR SOUTH ,.376TH STREET sy DEED 'RECORDED UNDER RECORDING AVUSER 4926236. L7 Ca Cr}. . Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT "B" L~ Cn Stormwater Pollution Prevention Plan for The Danner Corporation Shop Expansion Project SEP-0011-97 FAC#0003-98 Site Address 307 Oravetz Place, S.E., Auburn WA 98092 Tax Parcel Number: Introduction The project consists of the addition of a new manufacturing building and associated roads and parking for an existing manufacturing park. The project is located on a six acre parcel adjacent and south of the White (Stuck) River in Auburn, Washington. Presently, there are two manufacturing buildings, one small office building and a caretaker's house on site. On site paved parking and an access drive from Oravetz Road service the facilities. Existing Impervious area is 0.76 acres. After development, 1.67 acres will be impervious Fell The site is extremely "flat", with less than one foot elevation change across too site, with the exception of a 8 foot levee adjacent to the White River and a 3 foot deep drainage swale adjacent to Oravetz Place. The site presently is drained by catch basins in the parking lot that discharge to the Oravetz Place ditch. Other drainage is via sheet flow off-site, generally to the Oravetz Place ditch. The Oravetz Place ditch exits the site to the West and then turns North, discharging directly to the White River. Plan Goal The goal. of the plan is to treat all onsite runoff for water quality by directing flow into a wetpond / detention pond before discharge from the site. The detention portion of the will pond will attenuate for 1/2 the 2 year, 10 year, 25 year and 100 year 24 hour storm events, with an additional 30% volume increase. Preventative BMP's The catch basins shall have stenciled nest to them "DUMP NOT WASTE-DRAINS TO RIVER". Activity that involves pollutants, shall be done under a covered area. The parking lot shall be swept as necessary to remove debris Storm Water Easement and Maintenance Agreement Page 6 of 8 GO C7 Cu L7 C~ C14 0 CT) Treatment BMP's A water quality wetpond has been designed to convey and treat runoff' for conventional pollutants before discharging off-site. Inspection Inspection of the pond and other facilities shall be done on a biannual basis. Inspections shall conform to the requirements of the attached Stormwater Facilities Operations and Maintenance Manual. Inspection records must be kept for five (5) years and available for City Inspector review. Maintenance Maintenance of the pond and other facilities shall be done on a biannual basis. Inspections shall conform to the requirements of the attached Stormwater Facilities Operations and Maintenance Manual. Maintenance records must be kept for five (5) years and available for City Inspector review. Person of Responsibility Name: Address: Emergency Contact Phone: Signature of Person of Responsibility: Engineer Preparing Plan: Address: Jack Danner 307 Oravetz Road, Auburn, WA 98092 (253) 939-2133 Douglas Foster 1418 112th Ave. N.E., 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. Storm Water Basement and Maintenance Agreement Page 7 of 8 INSPECTION 1 MAINTENANCE CHECKLIST L7 Structure Date of inspection 1 Maintena nce CB # 1 Inspection Results Maintenance Done CB # 2 Inspection Results Maintenance Done CB # 3 Inspection Results Maintenance Done CB #4 Inspection Results Maintenance Done CB # 5 Inspection Results Maintenance Done East Pond Inspection Results Maintenance Done West Pond Inspection Results Maintenance Done ~Lwlbd F. H:\FAC\FAC 384\E98-1046 and LD014 .98\ST WATEASE&MA TAGREE Storm Water Easement and Maintenance Agreement Page 8 of 8 19990804000660 PAGE 001 08/04//11999F 111:38 PACIFIC NiJ TIT EAS 12 00 KING COUNTY, UA - - Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Sanitary Sewer EASEMENT for Auburn Riverside Senior High School Reference Number(s) of Documents assigned or released://~ []Additional reference #'s on page _ of document FILED BY PN i 06, fqa a Grantor(/s) (Last n~am p,fir~qt th Qpnfiirr$/t~n}ame and initinic0 TV 14 Grantee: (Last noma first) Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE quarter of Section 31, Township 21 North, Range 5 East. f4 Additional legal is on page -4- document. Assessor's Property Tax Parcel/Account Number: 665500-0020 ❑ Assessor Tax # not yet assigned Said document(s) were filed for record by Pacific Northwest Title as accommodation only. It has not boon examined as to proper execution or as to its effect upon title. EXCISE TAX NOT) REn!J!r°ED Kin Co. R©cord8 oibi:, 0,1 t tout Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. CITY OF AUBURN AUBURN SCHOOL DISTRICT SANITARY SEWER EASEMENT AUBURN RIVERSIDE SENIOR HIGH SCHOOL For and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, and for benefits derived by the Grantor herein, the Grantor, AUBURN SCHOOL DISTRICT NO. 408, hereby conveys and warrants to CITY .OF AUBURN, Grantee herein, a Municipal Corporation of the State of Washington, its successors and assigns, a perpetual non-exclusive easement for the purpose of laying, maintaining, and installing sanitary sewer lines and appurtenance thereto, said real property being described as follows: See Attachment A. Said Grantee has the right, at reasonable times and after giving reasonable notice, and in exercising all reasonable precautions to assure safety of students, staff and public, enter upon said Easement for the purposes of maintenance, construction, repair, or reconstruction of the above improvements. Said Grantor shall make every effort to not block, restrict or impede access and egress to and from the Easement. Grantor may fence across Easement and/or along boundaries of Easement provided that a gate is constructed in the fence to allow Grantee access. 1 PACIFIC NW TIT EAS 19990804000660 PACE 002 OF 005 08,,04/1999 11:38 12.00 KING COUNTY, WA This Easement shall be a covenant running with the above described real property and shall be binding upon the successors, heirs and assigns of all parties. DATED this 10th day of March , 1999. GRANTOR AUBURN S OOL DISTRICT NO. 408 By Li a S. Cowan, Superintendent ACCEPTED BY: GRANTEE CITY OF AUBURN B STATE OF WASHINGTON ) ' ss. COUNTY OF KING ) On this 10th day of March 1999, before me, a Notary Public in and for the State of Washington, personally appeared Linda S. Cowan personally known--to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as the Superintendent of AUBURN SCHOOL DISTRICT NO. 408 to be the free and voluntary act and deed of said corporation for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and officials seal the day and year first above written. Notary Public in`aAd `Tor the State of Washington, residing at Auburn MY Commission Expires `P Easement F" 19990804000660 PAGE 003 OF 005 08/04/1999 11:38 KING COUNTY, WA PACIFIC NW TIT EAS 12.00 AUBURN RIVERSIDE HIGH SCHOOL SANITARY SEWER EASEMENT MARCH 27, 1998 A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION THENCE NORTH 01 °47'54" EAST ALONG THE WEST LINE THEREOF 50.03 FEET TO THE NORTH MARGIN OF ORAVETZ PLACE SE; THENCE SOUTH 89°09'24" EAST ALONG SAID NORTH MARGIN 691.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°50'36" EAST 31.00 FEET; THENCE NORTH 38°52'21" EAST 422.99 FEET; THENCE NORTH 27°11'30" EAST 420.95 FEET TO THE WESTERLY LINE OF AUBURN SCHOOL DISTRICT SITE 2 AND THE TERMINUS POINT OF SAID CENTERLINE. THE SIDELINES OF SAID EASEMENT MAY BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID WESTERLY LINE OF AUBURN SCHOOL DISTRICT SITE 2. CONTAINING 17,506 SQUARE FEET OR 0.40 ACRES, MORE OR LESS. PREPARED BY: Michael G. Mickiewicz PLS #17672 Horton Dennis & Associates, Inc. (425) 822-2525 977400.Ig) DATE: 3 `30-V 19990804000660 PAGE 004 OF 005 08/04/1999 11:38 KING COUNTY, WA PACIFIC NW TIT EAS 12.00 NW1 f4, SEC. 31, T. 21 N., R. 5 E., W.M. KING COUNTY, WASHINGTON *3 ~ 1 200 100 0 200 400 600 ry SCALE IN FEET ~J 1 ~a~tb a - 0764.11' 1 4 ~ i~ R 6 Y ' 2'09.57 E a - 11607 t- 11.95' \ f L n-TP4rir t'~ / 6 i5 f .w Tr R 4 11a2s \ 6;y 0,'14 ~ R - 861.5• a _ 34-406' i - 24 32 ' . ~ l 10 • . 1 R - 994.1{ L - 30401r TLOV W3riV it a - - 1S W < . L - 1N ta S / . ~ /b ` •P 20• SANITARY SMt EAMANT n N gtl 711 J ~r Ja p• * N 301W E t't a -79'75.11• A - 30A7 L - 41 37 3 i a - 21artr r 1 ~ `y \ _l ❑ = 422. %404 s6om . a - 151401 L - SRTff ! RyERSPE a pU9u \ a- 3077551' L tiiu ASD SITE 9 863532' 47 S °Yttd AS r ' e - 3owsr R- 300.67 s 597)537 E ET.25 a- U9r1r ' 1. 4s4 1 M N yrl. j l t _ 157.85• a - 905244 ASD SITE 2 : 97OLW R -70.00' f ,p l_ 70.56 r f N 47-42'09' E 40-3 N 4r4YW f 52"4 N 41-4YW E J 1.99' 9712S - - ROAD - - N aaw3r w ORAVETZ ~ r S o 1 l \ O&W 10 • b N 4 a - Ol'33'24' s' a - 7lyrir q M D77{ Zr f ry,~ a - 08~e 43 p WOW R - a3aw eD " L - GV L- 240S G Ml~ ic '~f ~ 17677 °'•np~ ~lS g49 ~y4° ~6~ Jk oX i 4~ ~ i • \ 4•, ESTIRFS 9J73AQ ~S/ f cnatrol.owc HDfl nO~CODA'4~°1 AUBURN SCHOOL DISTRICT NO. 408 9Atirs4 SANITARY SEWER EASEMENT 9774.00 AUBURN RIVERSIDE HIGH SCHOOL R EX HIBIT MAP , ili a AILED for Reco(d a ~c;yuest U1 c~..~...7 . Name... Address.... . Assignment of Grantee's Interest in Easement to City of Auburn Roland A. Crabtree and Dora M. Crabtree, his wife 0 ("Assignor") in consideration of ten dollars and other valuable consideration in hand paid, and in connection with developing and platting a 1266-plus-acre tract of land owned by Assignor commonly known as Lakeland Hills, hereby assigns to the City of Auburn, Washington, ("Assignee"), a municipal corporation, all of Assignor's right, title, and interest in and to that certain O easement granted to it by Puget Sound Power and Light Company on V t4pV 1. IT79 and as set forth in the indenture of easement attached hereto as Exhibit A by this reference incorporated herein. This assignment is without any warranty whatsoever and is subject to those agreements, conditions, and reservations contained in said indenture of easement. Assignee hereby a. ..t;Z s.. s P. all obligations and liabilities of the Grantee, in said indenture of easement arising from the date hereof. 10 IN '81-11 Dated this f-73!-day of December 1983. The C' of u r By STATE OF WASHINGTON County of King ROLAND A. CRABTREE DORA M. CRABTREE e-4/0 1-`05 #0710 B RECD F 19.00 CASHSL *41* 19 n 00 2.2 On this day personally appeared before me Roland A. Crabtree and Dora M. Crabtree to me known to be the individuals described in and who executed the within and foregoing instruments=-and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. ~ iii GIVEN under my hand and official seal this day of December 1983, Notary Public in' and for the State of Washington : residing at STATE OF WASHINGTON County of King on this day personally appeared before me Bob Roegner and Janice R. Hubbard, to me known to be the Mavor and Deputy City Clerk, respectively of the city of Auburn and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. r-1 GIVEN under my hand and official ,,seal this 4th day of rx=amkx= x%A&2xx January, 1984. _ e fry Public in and for State of Washington:'-' - iding at Kent. ' "