HomeMy WebLinkAbout20000919000500 STORM EASEMENT 091900'Return Address:
City of Auburn
City Clerk
25 West :Main
Auburn, WA 98001
oC r 10 2000
CRY C 4fiqIJB~RIV
C'Ty
20000919000500
PACIFIC NW TIT EAS 15.00
PAGE 001 OF 008
09/19/2000 11:08
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(FAC99-0034' and BLDOO-0022)
C3
o,
0
cm
c~
rn
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Estep Development, L.L.C. 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW'/., 31-22-05 Additional on page:
Assessor's Tax Parcel ID#: 936060.0352 '$/1
'71Xf6 l T Af- 6OR 9 - /z
THIS EASEMENT AND AGREEMENT made and entered into this day of
o ,10e'00, by and between the City of Auburn, a municipal corporation of
° King Co ty, Washington, hereinafter referred to as "CITY" and Estep Development, L.L.C., a
Washington limited liability company, located at 4302'B' St. NW, C, Auburn, WA 98001,
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 309 49 St. NE, 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
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 f
WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors r
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 periinitfing inspection of the storm system to
make certain that it is functioning properly and for purposes of determining the appropriate
cvepairs.
cam.
rn.
° NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS: Said 6mm rd(s) were filed kw
record 'by Pacific Northwest TW* as
accorranodation orgy k
Section 1, EASEMENT *"mk ed as to has not been
m-r ~ proper exeailien or
C ae to (h ~ upon Me.
c~ PROPERTY OWNER hereby provides an easement over, under and on that portion of the
o° property as showing on. the approved Record Drawings revised pursuant to construction records
cv for the City of Auburn under Permit No(s). FAC99-0034 and BLD00-0022, 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
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 WORKS
O er Date
CM
C7
Ln
O
O
cm
C)
CJ
O
0
Owner
Date
Storm Water Easement and Maintenance Agreement
Page 3 of 8
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that f'e~-qr V U"e S j
is the person who appeared before me, and said person acknow edged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the instrument and
=acknowledged it as the D of
40; C r~ 1~t.yKQncme j&+, L L(L , a LLC, to be the free and voluntary act of such party for
.r=.the uses and purposes mentioned in this instrument.
=Dated (vjtLakC0
esa _
h
0nW)d ~i
a ,
° n : i
C~4 01
.t,'•.NO~SS•' DyS
oA) U~ • ~ '
Notary Public i and for the State of Washington
residing at
My appointment expires
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that
PC--
is the person who appeared before me, and said person acknowledged that he signed
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 11 L -3 ( 060
Q 'S'sioN'••. O It V
o NDTARy m : Notary Public in qn or a State o Washington
01 i fLIMJC , residing at k1 ii A
, !o• ' q r o~ ; My appointment e res ,42;2 9- 4
DM/bd
REF. H:\FAC\FAC3493\E00-535 and BLD00-0022 (STM WATER EASEMENT & MAINT AGREE)
Storm Water Easement and Maintenance Agreement
Page 4 of 8
EXHIBIT `A'
LEGAL DESCRIPTION
PARCEL NO. 936060-0352
THAT PORTION OF THE EAST HALF OF THE W.A.COX DONATION LAND CLAIM,
SECTION 31, T 22 N. R 5 E, W.M., IN KING COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
BEGINNING 1454.4 FEET WEST OF THE NORTHEAST CORNER OF SAID W.A. COX
DONATION LAND CLAIM; THENCE SOUTH 843.64 FEET; THENCE WEST 258.06
FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST TO A POINT 110 FEET
WEST OF THE WEST MARGIN OF 86th AVE S. AS CONDEMNED FOR ROAD UNDER
K114G COUNTY SUPERIOR COURT CAUSE NO. 85322; THENCE NORTH 312 FEET,
THENCE WEST 118.06 FEET; THENCE SOUTH 312 FEET TO THE TRUE POINT OF
BEGINNING
Cr
C!
Lrl
Q
O
C]
<n
cr)
0
C=
O
C4
Storm Water Easement and Maintenance Agreement
Page 5 of 8
1
EXHBIIT `B'
m
0
o'
ca
o
Stormwater Pollution Prevention Plan
for
Transit Plumbing
'
Auburn, WA
~.3
BLD400-0022
FAC-0034-99
ca
N
Site Address:
The site is address is: 309 49'0 SINE, Auburn, WA 98001
The project is located in the NW of Section 31, TWP 22N, RGE 5E, W.M..The tax parcel
number is: 936060-0352.
Introduction:
An approximate 0.85-acre site is to be developed as contractor sales and service
center. The project will include construction of a 17,600 sf concrete building.
The remaining site will be paved and used parking and maneuvering. There w411
be designated parking stalls for 23 vehicles.
Utility improvements include installation of a storm drainage collection, biofiltration and
retention system; extension of a 8-inch water main with fire hydrant onsite, a 12-inch
wotermain in 49th St NE, and installation of a private sanitary sewer service connection.
Plan Goal
The goal of the plan is to treat all of the on-site runoff' for water quality by directing flows
through a detention system prior to controlled discharge to a bioswale and the release to
the downstream storm drainage system. The detention facility is designed to retain runoff"
volumes for the design year storm event with controlled release to the infiltration system.
The bioswale will treat nungf-for the specked 64% of the 2)r 4hr storm event. A 'flow
splitrer" manhole will route flows in excess of this flow around the bioswale.
Preventative BMP's
Best Management Practices for the site include the regular inspection and maintenance of
the drainage facilities as follows:
catch basins and other drainage structures shall have stenciled next to them "DUMP
NO WASTE - DRAINS TO STREAM" on the pavement.
• catch basins and all other drainage facilities visually inspected for obstructions,
damage or other signs of potential failure.
• parking lots routinely swept clean and maintained
0 residents prohibited from changing oil, antifreeze, etc., in parking lots.
• proper maintenance. of landscaping and bioswale.
Storm Water Easement and Maintenance Agreement
Page 6 of 8
Treatment BMP'S:
A biofiltration swale has been designed into the storm drainage facilities to convey and
treat runoff for conventional pollutants.
• A biofaltration Swale was designed to function with a grass height ofapproximately 1-
7/$" at design flow. The Swale should not be mowed to a height of less than 1»112".
• The grass in the swale should be full and healthy, with any dead patches removed and
repaired.
• Remove sediment build-up ofmore than one inch from the swale.
• Remove grass clipping, trash or any other debris from the swale.
• Catch basins shall be cleaned when sump is 2/3 full of sediment or debris.
:Inspection:
Regular inspections of the drainage facilities should be carried out twice per year, in the
spring and fall. The responsible party should keep records of these inspections available
for review by the City. All maintenance records should be saved for five years and be
available for review by the City. Additional inspections may be required after severe
seasonal storms.
Maintenance
Routine maintenance of the site will include mowing care of landscaping and the removal
of trash and debris from the drainage system. The grass should be mowed regularly to
maintain a grass height of approximately 1-112 to 2 inches. Tire parking lots and
driveways should be kept clean and in repair. Events such as major storms or heavy winds
will require immediate inspections for damages.
e= Person of Responsibility:
U-I
C=I
cm
O
rn
Jeff Estep,
Transit Plumbing
309 49° St NE
Auburn, WA 98001
ph 253-854-4443
r
cri Engineering Plan Prepared By:
C)
CM
O
cv
Andy J. Rykels, PE
Rykels Engineering Group, Inc.
28301-183rd Ave SE
Kent, WA 98042
Ph 253-631-6598
Plan Updates'
The City of Auburn 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
m M'
00
n,
o~
00
tsI
w
En
CD
p
a
a
w
~o
a
p
x
Fri
a'
INSPECTION ANp MAINTENANCE CHECKLIST
a
't'ransit Plumbing
Auburn, WA
a
•
C7
Date of fnenpMnn/Mnint.s.....
CD
2000 091 9,0050
Structure
Date
-
-
FLOW SPUTTER #1
inspectiod
;
°
Resulti
o
N
MaintbnArioe
v.
Done
w
CB#1
Inspection. .
c.
Results
,
w
Mavite!n
ce
d
Done
o
CB02 Control MH
inspection
c
Results
.
N
Mamtan!lnte
1
i s
.s
Done
CB#3
inspection
,
Results
Maintenance
y
Done
'
CB#4
Inspection
7d
Results
a
MainWhni%
76
Ln
trI
Done'
CB#S
Inspection
tri
Resuh .
Maintenance
. ~
R°
Done
gio8ltrat cn Swale
inspection
Results :
w
Maitltettanoe
a
Dane
t•