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Home My WebLink About20010228000716 STORM EASEMENT 022801co 0 O O N C'V C~ Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 +I I 20010228000716 PACIFIC NU TIT EAS 17.00 PAGE 001 OF 010 02/28/2001 10:02 KING COUNTY, UA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA000-0002 and BLD00-0025) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) 4 J C Investments, L.L.C. 2) Additional on page: Grantee/Assignee/BeneficiM: City of Auburn Legal Description/STR: SE 14, 36-22-04 Additional on page: Assessor's Tax Parcel ID#: 936000-0055 /0//7 AJal % V - x'07'9 ~~0- 1V THIS EASEMENT AND AGREEMENT made and entered into this day of jam.. ,44RO° ~ by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and 4 J C Investments, L.L.C., an Oregon limited liability company, located at 18500 SW 108 Ave., Tualatin, OR 97062, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 506 44 St. NW, 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 Page 1 of 10 TAX NOT no. Records D®P%AY 90 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 td 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: Section 1, EASEMENT 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(s). FA000-0002 and BLD00-0025, 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 s herein by this reference, and shall be of benefit to the City storm utility system. Section 2, HEIRS, SUCCESSORS AND ASSIGNS ,C 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 10 STATE OF OREGON ) )ss. COUNTY OF Washington) I certify I have know or have satisfactory evidence that 2&i-AC, 'r C_ is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this CID instrument on oath stated that he/she/they was/were authorized to execute the instrument and C1.4 acknowledge as the ~t L&!rt-n of ° the4 5. C -T►UV--2d)Wt4-fs, L. C . C . , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated o C-- OFFICIAL SEAL STATE OF WASHINGTON) cz) )ss. County of King ) KELLY JEAN KELLEY NOTARY PUBLIC-0REGON COMMISSION N0.328516 MY COMMISSION Exl'lRES JAN. 14, 2004 Cv C~ I certify that I know or have satisfactory evidence that C W) i,~ihN g M , PUSUC 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 suc party for the uses and purposes mentioned in this instrument. Dated l 1&401 ~k'4•~~ySwN F~ • C~F~1 NorAq-?,': ~i i r •r'~ ~.o`~ . DM/bd Notary Public ' d for residing at co My appointment expires, u Washington REF. H:\FACIFA000.0002-41E00-645 and BLD00-00251STMWATEASEMEN'I'&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 10 I to 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 ~ `I/tc.~ Chi DIRECTOR OF PUBLIC W S 'l La a c_v GD cr> C-b N O r-^ G:7 N Storm Water Easement and Maintenance Agreement Page 3 of 10 Owner Date s EXHIBIT `A' LEGAL DESCRIPTION LOT A STATE OF WASHINGTON COUNTY OF KING A 217,783 square foot tract out of Lots 10, 11 & 12, White River Valley Home Tracts, as recorded. in Book 13 of Plats at page 17, in King County, Washington; being more particularly described by' metes and bounds as follows: BEGINNING at a the Northwest corner of Lot 10, White River Valley Home Tracts on the South side of the 60 foot Right of Way of South 285i° Street. said point also being the Northeast comer of Lot 9, White River Valley Home Tracts in Section 33, Township 22 North, Range 4 East, Willamette Meridian, also t _ being the POINT OF BEGINNING of the tract herein described; THENCE with the Southerly Right of Way of South 285" Street, South 89°15'49" East for a distance of •631.68 feet to the Northeast corner of Lot 12. White River Valley Home Tracts, said point also being the Northwest corner of Lot 13, White River Valley Home Tracts: c•+ THENCE leaving the Southerly Right of Way of South 285" Street and continuing with-the common Gne of said Lot 12 and Lot 13, South 00°40' 14" West for a distance of 344.80 to a point;. THENCE leaving said common line. North 89°15'49" West for a distance of 63159 feet to a point on the 'e" common line of said Lot 9 and Lot 10; THENCE with the common line of said Lot 9 and Lot 10, North 00039'18" East for a distance of 344.80 feet to the POINT OF BEGINNING, containing 217,783 square feet. more or less. SUBJECT TO: An ingress / egress easement for the benefit of Lot B, being 60 feet in width, the centerline of said easement being parallel to and 173.83 feet west of the easterly line of Lot A. extending from the Southerly Right of Way of South 285s Street to the Northerly Line of Lot B. 00W 0~ 00 x ft IP 34144e0 W ~s0 STEM "AL ~AK~ ~I XPIRES: 12-29-99 Storm Water Easement and Maintenance Agreement Page 5 of 10 q tdzp t-- : Ira cv ~sv N ' LOTS 10, 1 1 & 12 WHITE RIVER VALLEY HOME TRACTS IN SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. CITY OF AUBURN, KING COUNTY, WASHINGTON 1 16 69 1(fo- G1 0 5~ ~pt5v16g1 %j JO W Q~1fi ' P o 9 ` SOUTH 285TH STREET i 1,1 14&Sr i W • I I w LOT A 217,783 S.F. 1 -5.00 ACRES I I W ' M 15214' 1 V r er c -mmom I IQ 1$ NEW LOT >r r +4ssr LINE 178.83' .sr 589915'49"E 631.59ft u~uuu~i° . I I ~ A 1 1 . 13 L I p 9 ol . 11 G 10 vol ~O .14p, 1Z vO V I I ~Sq a% LOT B I °oM I 415,966 S.F. Z I 9.55 ACRES I OLD LOT . LINES I I VOS 13 3 0 O h N89012'54"W 631.41ft BOUNDARY LINE ADUSTMENT Storm Water Easement and Maintenance Agreement Page 6 of 10 0 , EXHIBIT `B' Rupp GIT2 POLLUTION PREVENTION PLAN cta ca o OF coo C"i C•V CD 0 O rv TRI-WAY INDUSTRIES 506 44'" ST. NW AUBURN. WA FOR BRAD JOHNSON . 18500 SW 108 AVE. ' TUALATIN OR 97062 SEPTEMBER 1999 R.E. JOB NO. 99066 i i I 1 i i f t i Storm Water Easement and Maintenance Agreement Page 7 of 10 Stormwater Pollution Prevention Plan cn Site Address C-3 This project is located in SE % of Section 36, Township 22 N., Range 4 E W.M. The site address is 506 44TH St. NW in Auburn, WA Tax Parcel No: is 936000-0055. c:a c-, c`.1 0 O N Introduction This project involves the construction of a 79,500 sf building and a new parking lot on a 5 acre site. Stormwater will be treated via a bi0fiitration Swale and detained in a detention pond, before being released into the public storm system. All roof runoff will be collected into roof drains and conveyed directly to the stone system. Plan Goal ' The goal of the plan is treat the runoff for water quality before discharging to the public storm system in 4,e St. NW at the northeast comer of the site. The property owner is required to enhance and protect water quality due to stonmMater 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 tacit the water quality measures or provided to site discharge. Such practices include the following: 1) Areas which discharge runoff to the storm drainage system should be kept free of debris and any dangerous wastes which may pollute the storm drainage system. Storm drains shall be stenciled 'VUMP NO WASTE, DRAINS TO STREAM' 2). The stone drainage utilities should be property maintained, as described .in the following sections. Storm Water Easement and Maintenance Agreement Page 8 of 10 Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's The biofiltration Swale has been designed to convey and treat runoff for conventional pollutants. c.cr Inspection r~o Regular inspection of the storm drainage facilities will ensure their proper function. o 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. c-~ cv 0 Maintenance o Regular maintenance of the storm drainage facilities will ensue their proper function. c-., See Kno County. Washinctton, Surface Water Design Manual, Apoendix A. Maintenance Requirements for Privately Maintained Drainage for maintenance requirements. Person of Responsibility Brad Johnson 18500 SW 108°i Ave. Tualatin, OR 97062 Phone: 503-692-3024 Design Engineer. Rupert Engineering, Inc. Contact Larry Krueger 1519 West Valley Hwy. K, Suite 101 Auburn, WA 98001 Plan and/or Information Updates The City of Auburn Utilities Section is to review and approve any ctmges 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 9 of 10 INSPECTION\ CE CHECKLIST ate T u c~ C-a (C,Q =3 er.-7 DM/bd STRUCTURE DATE OF INSPECTION MAINTENANCE ICB or MHIr INSP. RESULTS MAINT. DONE ICS or MHO INSP. RESULTS MAINT. DONE ICS or MHt INSP. RESULTS MAINT. DONE CB or MHO INSP. RESULTS IMAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CS or MHO INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CB or MHO INSP. RESULTS MAINT'. DONE CB or MHO INSP. RESULTS MAINT. DONE CS or MH* INSP. RESULTS ' MAINT. DONE CS or MMS INSP. RESULTS MAINT. DONE CB or MHO INSP. RESULTS MAINT. DONE DET. POND I NSP. RESULTS MAINT. DONE BIOSWALE I NSP. RESULTS I MAINT. DONE REF. H:\FACTA000-00024\E00-645 and BLD00-0025~STMWATEASEMENT&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 10 of 10