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Home My WebLink About9902052100 STORM EASEMENT 020599A 3- ) 3 . Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (t Al:uu l4-ya ana 1sLi uL z:)-yzs) a 0 L7 0 N tT; Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Suncoast Associates, L.P. 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 13-21-04 Additional on page: Jr Assessor's Tax Parcel ID#: 132104-9105, 132104-9106-00 THI EASEMENT ~AD AGREEMENT made and entered into this ~ day of G t~L , 19i~5 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Suncoast Associates, L.P., located at 1560 140 Ave. NE, Suite 100, Bellevue, WA 98005, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at Lund Industrial Park 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 a n Q O x x z cs c-a cm c x -c m v x tr cn 0 w C] Storm Water Easement and Maintenance Agreement Page 1 of 8 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: V Section 1, EASEMENT L~ 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 CT ~ for the City of Auburn under Permit Nos. FA00014-98 and BLD0225-98, which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden to thaf'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 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 U. t~ DIRECTOR OF PUBLIC WO KS .S'~~ ..Caags-T C1 ~ S 42 Owner Da e ' "-0 Owner C? L7 Date Storm Water Easement and Maintenance Agreement Page 3 of 8 STATE OF WASHINGTON) )ss. County of King ) 7 VJ I certify that I know or have satisfactory evidence that C_Uuka r Md f (4~ and is/are the person(s) who appeared before me, and said partner(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 %t 't ~Q:0S ~O N•Z_ qTF W P5~`° •,,,~~OF STATE OF WASHINGTON) )ss. County of King ) 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 DIRE TOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary, a of su rh_varty for the uses and purposes mentioned in this instrument. Dated v~- ~•'V•.•ON EXPO ~ 9 ~ 1 ~IJ~ L ~`VZ' l ~u F . Q 5 N C 4 ~ V l Notary Publ' in.and for the of W shi gton j ~ 0 : 0 Q :o ~G g ~U ; t/r L ~ residing at ~ Qv My appointment expires . ' ••FeNUAP~ ~.•o , WW/bd REF. H:\FAC\FAC1484\E98-1075 and BLD0225 .98\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 8 Notary Pub & in and for the Stat of Washin on residing-at My appointment expires EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-5-86, RECORDED UNDER RECORDING NO. 86-9081079 AND AMENDED BY CITY OF AUBURN SHORT SUBDIVISION NO. SP-5-86R, RECORDED UNDER RECORDING NO. 8709141001. PARCEL B: LOT 2 OF CITY OF AUBURN SHORT SUBDIVISION NO. SP-5-86 RECORDED UNDER RECORDING NO. 86-9081079 AND AMENDED BY CITY OF AUBURN SHORT SUBDIVISION NO. SP-5-86R RECORDED UNDER RECORDING NO. 8709141001, EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE ALONG THE NORTHERLY LINE OF SAID LOT, SOUTH 89'12'20" EAST, 150.72 FEET; THENCE SOUTH 00'7'40' WEST, 358.03 FEET TO THE SOUTHERLY LINE C°J OF SAID LOT; .THENCE ALONG SIAD SOUTHERLY LINE, SOUTH 83'13'22" WEST, 142.84 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT; ' ' 7 THENCE ALONG THE WESTERLY LINE OF SAID LOT, NORTH 00 35 36" 0 WEST, 376.96 FEET TO THE POINT OF BEGINNING. C1~ (ALSO KNOW AS LOT B OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0003-96 UNDER RECORDING NO. 9603071512A). PARCEL C: AN EASEMENT FOR PRIVATE ROAD, AS DELINEATED ON CITY OF AUBURN SHORT SUBDIVISION NO. SP-5-86, RECORDED UNDER RECORDING NO. 8609081079 AND AMENDED BY CITY OF AUBURN SHORT SUBDIVISION NO. SP-5-86R RECORDED UNDER RECORDING NO. 8709141001. EXCEPT ANY PORTION THEREOF LYING WITHIN PARCELS A AND 8 ABOVE. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL ,#'S: 132104-9105, 132104-9106-00 Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT "B" Stonmwater Pollution Prevention Plan Site Address This project is located on Lots 1 and 2 ,of SP-5-86 in Section 13, Township 21 N., Range 4 E., W.M. The Tax Parcel numbers are 132104-9105 and 132104-9106. O Introduction V) 0 This project involves the construction of a 67,000 sf warehouse, detention vault, storm O pipe system. Stormwater will be collected into storm pipes and conveyed to a detention vault. The runoff will then be released via a control structure to the existing stone system west of the site. The runoff calculations were based on the site being nearly 90% impervious after final development resulting in 3.42 acres of impervious and 0.38 acres of pervious. Plan Goal The goal of the plan is to treat the runoff for water quality before it enters the public storm system on Lund Rd. 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 discharge runoff to the stone drainage system should be kept free of debris and any dangerous wastes which may pollute the stone 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 6 of 8 Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's A biofiltration swale has been designed to convey and treat runoff for conventional pollutants. It is located on Puget Sound Tire's property, west of this site. 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 King County, Washington. Surface Water Design Manual. Appendix A. Maintenance Requirements for Privately Maintained Drainage Facilities for Maintenance requirements. ht L~ Person of Responsibility C`t C~ Northward 1560 140'h Ave. NE, Ste 100 Bellevue, WA 98005 Contact: Gerald Molitor Phone: 425-747-1726 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 the City Utilities Section. Storm Water Easement and Maintenance Agreement Page 7 of 8 c INSPECTION\MAINTENANCE CHECKLIST 0 0 N 0 CT; Cl) WW/b( STRUCTURE DATE OF INSPECTION MAINTENANCE CS OR SO# INSP. RESULTS MAINT. DONE C8 OR SO# INSP. RESULTS IMAINT. DONE ICS OR SO# INSP. RESULTS MAINT. DONE C8 OR SO# INSP. RESULTS MAINT. DONE I C8 OR SD# INSP. RESULTS MAINT. DONE C8 OR SD# INSP. RESULTS I MAINT. DONE I CS OR SO# INSP. RESULTS MAINT. DONE C8 OR SD# INSP. RESULTS i MAINT. DONE C8 OR SO# INSP. RESULTS MAINT. DONE C8'OR SC* INSP. RESULTS MAINT. DONE CB OR.SD:# I NSP. RESULTS MAINT. DONE CS OR SC* I NSP. RESULTS MAINT. DONE C8 OR SD# I NSP. RESULTS MAINT. DONE IDET.VAULT ' I NSP. RESULTS M AINT. DONE DET. VAULT I NSP. RESULTS M AINT. DONE REF. H:\FAC\FAC1484\E98-1075 and BLD0225 - .98\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 8 of 8