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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 92/2ac/20aueN, 1@ 04 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: -41 c-. 0 KX> cv C7 r.-.. CM, c, cv Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 36-21-04 Additional on page: Assessor's Tax Parcel ID#: 362104-9097 q/~& 7'AvA17- A/-- sod 2 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 F . 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 N 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 t % 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. n O c~ c~ m N tV C:) Cwt CI C4 CITY OF AUBURN DIRECTOR OF PUBLIC WORKS caner ...Date Owner Date , 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 0 o voluntary act of such party for the uses and purposes mentioned in the instrument. Dated., x R=y9 cv PPP A 80~~~ C7 o o 4 : O NOTAg y 9 ~r i 94 pJ M. U pUSuC cj' ; Notary Public in and for the State of Washington 10 residing at '3►''•. ; 9; _ My appointment exp es 14- - t W 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 ~ lylJl ~C~•~\SS10iv F+, y~ 1,I - Aw as C__ w(,^, co-c- 0 140TAR y Notary Public in and for the State o Washington i 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 r n RADIUS CENTER BEARS N 77'44'53' W); r- THENCE SOUTHWESTERLY 171.29 FEET ALONG SAID CURVE AND SAID MARGIN THROUGH A ° CENTRAL ANGLE OF 11*0572% ~ o 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 C14 BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; Cl-' 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. 0 C.j 70 aF~/`~"'~j, /NCB f 31 lam' ~Q Qa 4L LANp$'` X31 08/14/99 15- DAI JUa. 4.23.99 P: lk 9%rr0004%ss v 4 p a.1 &I Storm Water Easement and Maintenance Agreement Page 5 of 9 --r Thistle Retail Center Ln C~ SEP 0014-99 d' FAC 0027-99 N CV 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 r=1 ca C114 • y Strodtz Date 4= 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 U7 c~ 0 n CO N N O 0 0 N 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 u-s C~ ca c~ C=> CF) N N C? O Q C'V 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 Page 9 of 9