HomeMy WebLinkAbout20010228000754 UTILITY EASEMENT 022801N . t
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
2 9011011 0 1010754
24-00
PACIFIC NU TIT
PAGE 001 OF 009
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Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(FACUU27-99, BLU0547-99 and BLU0 7541E-99)
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Thistle Properties, LLC 2)
Additional on page:
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Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE 36-21-04 Additional on page:
Assessor's Tax Parcel ID#: 362104-9097
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THIS EASEMENT AND AGREEMENT made and entered into this / r4j day of
Al ¢'U , 19_q_~, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Thistle Properties, LLC, a
Washington limited liability company, located at 10319 8`' St. E., Edgewood, WA 98372,
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 4329 & 4435 `A' St. 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
Storm Water Easement and Maintenance Ag ~ Lt' T~; RZ:Q-
Page 1 of 9 1---7tCo. Racordc DMs~qon
Deputy
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WHEREAS, maintenance requirement is a covenant running with the land and binding
upon all heirs, successors and assigns of both parties; and
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
o THE PARTIES AGREE AS FOLLOWS:
0
co Section 1, EASEMENT
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C114 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
o for the City of Auburn under Permit Nos. FA00027-99, BLD0547-99 and BLD0548-99, 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
Storm Water Easement and Maintenance Agreement
Page 2 of 9
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% PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the
CITY.
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.
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CITY OF AUBURN
DIRECTOR OF PUBLIC WORKS
caner ...Date
Owner Date
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Storm Water Easement and Maintenance Agreement
Page 3 of 9
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
is/are the
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as -the A 10; -A
the _ , a limited liability company, to be the free and
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o voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated., x
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U pUSuC cj' ; Notary Public in and for the State of Washington
10 residing at
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STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that a E~~Iu
of
is the person who appeared before me, and said person acknowledged thatJie signed'Ihis
instrument, on oath stated thatshe 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 e r~ Ito, Lpol
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~C~•~\SS10iv F+, y~ 1,I
- Aw as C__ w(,^, co-c-
0 140TAR y Notary Public in and for the State o Washington
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i PUBLIC % residing at f U~
f1 7129 , My appointment exp•res - Z -O
~~~~WASM~
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
THAT PORTION OF THE NORTHEAST QU,, RTER OF THE NORTHEAST QUARTER OF-SECTION 36,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W1LLA-'0U-"TIE MERIDIAN, IN KING COUNTY,
WASHINGTON, BEING DESCRIBED AS FOLLOWS:
B EGINNINNG AT THE NORTHEAST CORNER OF SAID SECTION 36;
THENCE S 00°04'31" E ALONG THE FAST LINE OF SAID SECTION 36, A DISTANCE OF 1317.25 FEET
TO THE SOUTH L1i fE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 36;
THENCE S 83°55'06" W ALONG SAID SOUTH LINE, 131.51 FEET TO THE WESTERLY MARGIN OF'A'
STREET S.E. AND THE SOUTHEAST CORNER OF LOT 4 OF CITY OF AUBURN SHORT PLAT NO.
SPL0002-93 AS RECORDED UNDER AUDITOR'S FILE NO. 9304081114, RECORDS OF KING COUNTY,
WASHINGTON;
THENCE CONTINUING ALONG SAID SOUTH LINE S 88°55'06" W. 129.29 FEET, TO THE EAST LINE
OF BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT-4F-WAY;
THENCE N 02°48'54" W, ALONG SAID EAST RIGHT-OF-WAY 520.73 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE N 88°48'10" E, 254.63 FEET TO THE WESTERLY MARGIN OF SAMW a BEET S.E.;
THENCE S 00°21'31" E ALONG SAID MARGIN, 119.12 FEET;
TI-IFNrE CONTINUING ALONG SAM MARGIN S 89438'29" W, 15.00 FEET;
THENCE CONTINUING ALONG ca 13) MARGIN S 0(.21'31" E 39.81 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 895.00 FEET;
THENCE SOUTHERLY 196.98 FEET ALONG SAID CURVE AND SAID MARGIN THROUGH A
CENTRAL ANGLE OF 12°36'38";
THENCE CONTINUING ALONG SAID MARGIN N 7r44'53" W 10.00 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 885.00 FEET (THE
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RADIUS CENTER BEARS N 77'44'53' W);
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THENCE SOUTHWESTERLY 171.29 FEET ALONG SAID CURVE AND SAID MARGIN THROUGH A
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CENTRAL ANGLE OF 11*0572%
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THENCE CONTINUING ALONG SAID MA.F'.GIN S23n0.29° W 8.40 FEETTO THE SAID SOUTH LINE
AND SAM SOTTIHEAST CORNER OF LOT 4;
Tt 14CtC S 88°55'06" W ALONG SAID SOUTH LINE 129.29 FEET TO THE EAST LINE OF SAID
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BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY;
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THENCE ALONG SAID EAST LINEN 02048'54" W 520.73 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 109,848 SQUARE FEET MORE OR LESS.
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Storm Water Easement and Maintenance Agreement
Page 5 of 9
--r Thistle Retail Center
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SEP 0014-99
d' FAC 0027-99
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Cn SITE LOCATION
The project site is located in Section 36, Township 21 North, Range 4 East. W.M.
0 on the west side of 'A' Street SE just north of the City of Pacific limits in Auburn,
C-4 Washington. The site address for each building is 4329 / 4435 'A' Street SE. The Tax
Parcel Number is 362104-9097-04.
INTRODUCTION
The site area is about 2.5 acres and is mostly grasses with some scattered deciduous
trees and areas of brush. The site topography is essentially flat with a maxim.;- cf
three feet in grade changes across the undulating su6'ac:c. -,ne unciertying soils have
been determined to be silty and fine grained sands (USCS Symbol Silk over most of
the site. The applicant is proposing to construct two commercial buildings with of total
area of about 21,000 square feet with associated parking, landscaping, and sidewalks.
There will be about two acres of impervious surface after development.
Catch basins and storm drainage pipes will be installed within the parking areas to
convey surface water to a control structure. Root downspouts will be tightfined to the
catch basins. Surface ponding, the conveyance system, and underground deter..:;, . -in
be used to store-the surface runoff prior to discharge to the public conveyance system
located in 'A' Street SE.
PLAN GOAL
The goal of this plan is to treat the maximum allowable on-site runoff for water quality
by directing flows through a bio-swale prior to discharge to the pubric conveyance
system. The bioo-swale is designed to treat flows up to a maximum of 64% of the 2 year.
24 hour design storm.
PREVENTIVE BMP's
The catch basins shall have stenciled next to them 'DUMP NO WASTE-DRAINS TO
RIVER'. Activity which might involve pollutants shall be done under a covered area. The
oarkinq lot shall be sweat as necessary to remove debris.
Storm Water Easement and Maintenance Agreement
Page 6 of 9
Thistle Retail Center.
Storm Drainage Pollution Prevention Plan.
TREATMENT BMP's
An on-site biofiltration swale has been designed to convey and treat runoff for
conventional pollutants. The swale has been designed for a maximum capacity of 64%
of the 2 year, 24 hour design storm in accordance with the City of Auburn Design and
Construction Standards. The bio-swafe will be planted with wetland plants since the
slope of the swafe is less than 1%.
INSPECTION
Inspect the bio-swale at least two times each year, once in September and again in
February, and after periods of especially heavy runoff. Maintenance records must be
kept for five (5) years and be available to the City of Auburn inspector for review.
MAINTENANCE
Wetland plantings in the bio-swafe shall be maintained including irrigation in the
summer months as necessary. Remove any sediment in excess of three (3) inches or
covering bio-swale vegetation. Remove sediments and re-plant as necessary.
PERSON OF RESPONSIBILITY
Gary Strodtz
Thistle Properties, LLC
10318 - 8th Street East
Edgewood, WA 98372
u' Emergency Phone Number 253-927-3567
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C114 • y Strodtz Date
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c PREPARED BY
C-j Greg Thesenvitz, PE
SEGA Engineers
22928 SE 312th ST
Black Diamond, WA 98010
PLAN and f 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 of Auburn Utilities Section.
Storn-i Water Easement and Maintenance Agreement
Page 7 of 9
Thistle Retail Center
Inspection / Maintenance Checklist
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Structure
Date of Inspection / Maintenance
CB #1
inspection
Results
Maintenance
Completed
CB #2
Inspection
Results
Maintenance
Completed
CB #3
Inspection
Results
Maintenance
Completed
CB #4
Inspection
Results
Maintenance
Completed
CB #5
Inspection
Results
Maintenance
Completed
CB #6
Inspection
Results
Maintenance
Completed
CB #7
Inspection
Results
Maintenance
Completed
CB #8
Inspection
Results
Maintenance
Completed
CB #9
Inspection
Results
Maintenance
Completed
Page 1
Storm Water Easement and Maintenance Agreement
Page 8 of 9
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CB #10
Inspection
Results
Maintenance
Completed
CB #11
Inspection
Results
Maintenance
Completed
CB #12
Inspection
Results
Maintenance
Completed
C8#13
Inspection
Results
Maintenance
Completed
CB #14
Inspection
Results
Maintenance
Completed
CB #15
Inspection
ResuKs
Maintenance
Completed
CB #16
Inspection
Results
Maintenance
Completed
MH #1
Inspection
Results
Maintenance
Completed
MH #2
Inspection
Results
Maintenance
.
Completed
Bio-
Inspection
Swale
Results
Maintenance
Completed
DM/bd
Page 2
REF. H:TAC\FAC2797T99-1289, BLD547_.99\STMWATEASE&MAINTAGREE and
BLD0548 .99\STMWATEASE&MAINTAGREE
Storm Water Easement and Maintenance Agreement
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