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HomeMy WebLinkAbout9706131398 STORM EASEMENT 061397,9 a./3. 9- Cn i RECEIVED T111S bty -.r Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Jun 5 1 53 Phi '97 firco CTiLt" S KI"fG C't,rIr r y Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (BLD0004-97 and GRA0014-96) w to co €n 8 -o I~ d 0 Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Tom and Brenda Supasatit 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 1/4 36-22-4 Additional on page: Assessor's Tax Parcel ID#: 951212-0789 THIS EASEMENT AND AGREEMENT made and entered into this 23`0 day of 19 ~7- , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Tom and Brenda Supasatit, located at 2433 17th Street SE, 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 5101 Auburn Way North which create impervious surface, and WHEREAS, the PROPERTY OWNER will complete a storm systdrri;-'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 Agreement Tom & Brenda Supasatit Page 1 of 9 s WHEREAS, maintenance requirement will be in perpetuity to provide both quantity and quality of discharge; 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. GD NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: c9 Section 1, EASEMENT C'7 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. goo 6o oy - q 7 , 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 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, the Stormwater Pollution Prevention ' Maintenance and Operation Schedule (Exhibit `B"), and does hereby allow the CITY to come onto the property of the PROPERTY OWNER via the easements described above and to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, and the PROPERTY OWNER fails to maintain, in that event the PROPERTY OWNER shall reimburse the CITY for the costs incurred in maintaining the system and should the CITY incur attorneys fees and costs in enforcing the agreement and/or maintaining or collecting maintenance fees the PROPERTY OWNER agrees to pay reasonable attorney fees and costs of the CITY. Storm Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 2 of 9 V. 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 P ~LIC WORKS r, Ow/. 5 -51 Date p4 - b1- qh O? C~ e■4 C i~ Owner Date a ,1 F yr' 4. 4 PIP, CY4lt Storm Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 3 of 9 4 C'? to STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that 117a l V- 13 ✓~h ~C, 7/ ; Sl.,t q S and is/are the person(s) who appeared before me, and said individuals(s) acknowledged that he/she/they signed this instrument and acknowled ged,it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instniment.. Dated - 4 -°I Notary Public in and'for the State of Washington residing at -S' 1j Y-K) /i,c~ My appointment expires S- i O - v a STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that a l A A -~c.l-✓ t i 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 such party for the uses and purposes mentioned in this instrument. Dated c~~3!/e[ X7 O l l N E F ~•`GP ~ssioN• F,A o~ ry09 Tggy = cn i ~ i .0 PU . -4-7- • 9V y C 6~A Notary Publ' in and for the State o ashington residing at e,-vt, a Co . My appointment expires 9 REF. Y:\PRMSYS\DOCUMENTIBLD0004_.97\EASEMAIN and Y:\PRMSYS\DOCUMENTIGRA0014_.96\EASEMAIN (12/96) Storm Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 4 of 9 l: EXHIBIT A NEW l_GT BE:~CRIPTI©N That oortion of tracts 30 and 31. White River Vallev Horne Tracts, aci:ording to the plat thereof recorded in Volulne 1.27 of Flats, page 17, records of Kinq County, Washington, described as follows : Beginning at the northwest corner of said Tract 30; thence South 1'59'00" West, along the west line of said tract, -00.00 fret to the TRUE POINT OF BEGINNING., thence continuing South 1 ° 58.'00" West, 370.80 feet; thence South 88°02'00" East. 210.52 feet to the east line of said tract thence North 1°58'00" East, along said east line. 0.48 feet; thence North 59°^9'10" East. 190.45 feet; thence North ~2°16'00" West. 87,70 feet; thence North 65°31'00" East. 57.80 feet -to the west boundary of Auburn Wav North; thence along said boundary, along a curve to the right, whose center beers North 61°04'57" East :905.00 feet, an arc distance of 10,.1 feet; thence South 61°16'58" West. along a radial line, 15.01 feet; thence continuing along said boundary, along a curve to the right. whose center bears North 61°16'58" East 29 0.00 -feet. an arc distance of 19'2 . 56 feet { thence North 88°0'.'_ 00" West. 262.75 feet to the True F'o:int of Beginning. Storm Water Easement and Maintenance Agreement ~ Tom & Brenda Supasatit Page 5 of 9 EXHIBIT B C'9 TO O :.M STORMWATER POLLUTION PREVENTION PLAN FOR AUBURN AUTO TRADING RECEIVED ETURNED SEPA # SEP-0023-95 ' > 1997 B LD # 0004 - 97 FAC# AUBURN M.R. DIV Site Address 5029 At1E5URtq WAY NORTH The site is located on the west side of the 5000 block of Auburn Way North. The tax parcel number is 936000-0169. Related parcel number is 936000-0195 Introduction The project site is currently undeveloped and is vegetated with mostly grass and some brush and scattered trees. The topographic features of the subject property is-flat with a lower tiered flat area. The property is bounded on the north by a retail boat sales yard, on the south by a used car lot, and on the west by pasture land. The proposed use is to construct an auto sales business including an 850 square foot office building and a 576 square foot storage/detailing building on approximately 62,000 square feet of the 2.64 acre parcel. The site currently is covered by grasses and other vegetation with no impervious area presently existing. The-current-drainage-flows westerly-to the-low-area and infiltrates into the ground or travels northerly along the property line. After leaving ---the site, the drainage continues in a northerly direction under SE 277 th street and continues north easterly in existing channels and swales to the Green River. The developed plan will include 50,000 square feet of impervious area. Storm water will sheet flow to an asphalt apron on the south side of the developed lot and will be transported to a swale where biofiltration will occur and the water will then be conveyed to a detention pond for additional treatment and then the treated water will be flow by gravity at a predetermined rate to the city storm water system which transports the water to the Green River. Plan goal The goal of this plan is to prevent contaminants from mixing with stormwater and to remove contaminants prior to the discharge leaving the site. Additionally the goal is to put into effect measures to maintain the system to optimum efficiency during the life of the project. Preventative BMP's Best management practice to be utilized by the occupant of the site, to keep to a minimum amount of sediment, oil and grease from entering the storm drainage system. This will be accomplished by sweeping the lot monthly or oftener if conditions warrant it, Storm Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 6 of 9 1 and having absorbent materials on hand to soak up any spilled materials that result from the detailing of vehicles. Posted procedures for cleaning the lot and wash area will be available for all employees to read and follow on a routine basis. The procedure will outline remedial procedures for cleaning the swale and detention pond in case objectional materials inadvertently are-introduced-into-the•system. The--oillwater separator shall be checked monthly for oil levels and cleaned if the depth of oil in the separator reaches two inches or greater. Treatment BMP`S The grass in the swale must be mowed when the height reaches approximately 10 inches and a minimum height of 5 inches must be maintained for the bioswale to function properly. Grass clippings shall be removed and disposed of properly from the swale. The Swale grade must be maintained as constructed and materials which accumulate in the swale shall be removed as soon as a site inspection indicates their presence. Removal of any sediment six inches deep or covering vegetation is also necessary. Remove sediments, fertilize, and reseed as necessary. Be careful to avoid introducing fertilizer to receiving waters or ground water. The detention pond shall be mowed at regular intervals also and any growth on the berms such as saplings or blackberries shall be removed as soon as they are noticed in the routine inspections. All t'^ connecting pipes shall have the ends free of weed growth and rock check dams shall T-1 be maintained in a clean state. Inspection ~7 Inspection of the entire system shall be conducted at three month intervals from October to June, and the areas indicated above in the Preventive BMP'S and Treatment BMP'S shall be the primary areas of review. Records of the inspections and system maintenance shall be kept in the office on-site and shall be available for City of Auburn personnel to review. The records shall be kept for a period of 5 years Maintenance Maintenance will largely be triggered by the site inspections and the amounts of sediment and growth which occurs in the Swale and detention pond. The result of maintenance is to keep the system in good operating condition and to function as it was originally designed. If a large storm event occurs, a site inspection should be made immediately after the conditions return to normal to see if any damage was done to the system and if any maintenance or repairs are required. Person of Responsibility Tom Supasatit 2433 17th Street SE Aubum, WA 98002 206-833-0891 Storni Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 7 of 9 to 0 N cr) Engineer Preparing Plan Marv Seabrands Address 20219 SE 344th Auburn, WA. 98092 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 implemention. Additionally, any changes in ownership or person of responsibility are to be reported to the City Utilities Section. Storm Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 8 of 9 STORMWATER INSPECTION CHECKLIST FOR AUBURN AUTO TRADING M M GD C7 CT? Item Inspection Date Maintenance Performed Asphalt parking surface Detail area catch basin Grasslined Swale Rock check dams Detention pond Outlet structure Storm Water Easement and Maintenance Agreement Tom & Brenda Supasatit Page 9 of 9