HomeMy WebLinkAbout9802200882 STORM EASEMENT 022098Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
FEB 2 3 1998
CITY OF AUBURN
CITY CLEM OFFICE
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Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(FA00026-97 and BLD0545-97)
Reference # (if applicable):
Grantor/Borrower:
N/A
1) Kipper and Sons Engineering,
Inc.
2)
on page: Attach
Additional on page: Attached
Grantee/Assignee/Beneficiary:
Legal Description/STR:
Assessor's Tax Parcel ID#:
City of Auburn
36-22-04
9360000070
0
Additional on page: Attach
THIS EASEMENT AND AGREEMENT made and entered into this Q day of
19`1 , by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and. Kipper and Sons
Engineering, Inc., located at 310 44 Street NW, hereinafter referred to as "PROPERTY
OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 310 44 Street NE 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 Agreement
Page 1 of 8
WHEREAS, maintenance requirement is a covenant running with the land and binding
upon all heirs, successors and assigns of both parties; and
on
GI) WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors
O and assigns of both parties as to the existence of this easement and agreement; and
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WHEREAS, an easement is needed to bring in maintenance equipment; and
O
00 WHEREAS, the parties are both desirous of permitting inspection of the storm system to
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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 Nos. FA00026-97 and BLD0545-97, 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 8
u+
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.
CITY OF AUBURN "
DIRECTOR,OF PUBLIC WORKS;,
Owner Date
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Owner Date
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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 1>e~
is the person who appeared before me, and said person acknowledged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the m cy►_Ae-V0' of IQ ogaznc:
~tM
1b1&'0VA!jq -42&C. a corporation, to be the free and voluntary ac of such
party for the uses and purpos s mentioned in this instnent.
Dated ir-) I ~S119 ~ 'J
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( l/`-p-. r-"/ ,
Notary Publi i09t3 d for tate of W shington
residing at,
t My appointment expires 44 zixi:
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that
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 //.:,?Al, y72
OF
°7~ 9'9c gu1~•~ 7,•4~c
t<z 11,I)
Notary Public i and f r the S ate of Washington
residing at
My appointment xpires
REF. H:\FAC\FAC2672\E97-1002 and Y:\PRMSYS\DOCLMENTIBLD0545 .97\STMWAGRE
Storm Water Easement and Maintenance Agreement
Page 4 of 8
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EXHIBIT "A"
LEGAL DESCRIPTION:
LOT 13 OF THE WHITE RIVER VALLEY HOME TRACTS AS RECORDED IN VOLUME
13 OF PLATS ON PAGE 17, RECORDS OF KING COUNTY, WA.
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Storm Water Easement and Maintenance Agreement
Page 5 of 8
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EXHIBIT "B"
STORMWATER POLLUTION PREVENTION PLAN
FOR
KIPPER & SONS DEVELOPMENT
SEPA No. 0015-95
BLD No. 310-97
FAC No. 0026-97
Site Address: South of 244th Street N.W., a.k.a. South 285th Street, approximately 200 feet east of
D Street N.W.
Parcel No.: 9360000070
The project is located on Lot 13 of the White River Valley home tracts as recorded in Volume 13 of Plats
on page 17, records of King County, Washington.
Introduction
The project is being developed on a lot approximately 4.87 acres in size (2.1 acres to be developed). The
development is being built in one phase, which includes a proposed building, a detention pond, bioswale,
and a tightline conveyance system. Also included are half-street improvements adjoining pie f:.Dnt of the
0 lot on 44th Street.
0
Site drainage will be conveyed through a tightline system originating in the paved area surrounding the
C building and outflowing into a detention pond on the west side of the property. A gravity pipe will then
outflow the stormwater into a split flow control structure located at the northwest corner of the property.
This split flow control structure will release the 2-year storm event through a biofiltration swale and will
bypass the remaining water through a 12-inch drainage. system, which reconnects downstream of the
biofiltration swale. The final outflow will be a 12-inch system, which will also be tied into frontage street
improvements to finally outflow to existing 12-inch storm drain.
Plan Goal
The goal of this plan is to treat the 2-year runoff for water quality by directing flows through a bioswale
and ultimately to an existing conveyance system located within 44th Street N.W. The existing conveyance
system was designed to retain runoff volumes up to the 100-year storm event.
Preventive BMPs
The catch basins shall have stenciled next to them "DUMP NO WASTE - DRAINS TO
GROUNDWATER." Activity that involves pollutants shall be done under a covered area. The parking
lot shall be swept as necessary to remove debris.
Storm Water Easement and Maintenance Agreement
Page 6 of 8
INSPECTION / MAINTENANCE CHECKLIST
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STRUCTURE
RESULTS/MAINTENANCE,
DATE
COMMENTS
All Catch Basins
Inspection Result
Maintenance Done
Storm Drainage
Pump Station
Inspection Result
Maintenance Done
Temporary
Detention Pond
Inspection Result
Maintenance Done
Split Flow Control
Structure
Inspection Result
Maintenance Done
Bioswale
Inspection Result
Maintenance Done
Storm Drainage
Trunk Line
Inspection Result
Maintenance Done
REF. 11:11ACIFAC2672\E97-1002 and Y:\PRMSYS\DOCUMENMLD0545 .97\STMWAGRE
Storm Water Easement and Maintenance Agreement
Page 8 of 8
Treatment BMPs
A temporary detention facility has been designed to retain a 100-year storm event. One on-site biofiltration
swale has been designed to convey and treat runoff per conventional pollutants. The 2-year storm event
is used to design the bioswales for water quality treatment. A 12-inch bypass system has been designed to
convey up to the 100-year storm events and bypass the biofiltration swale.
Inspection
Inspect the detention pond and bioswale at least twice a year, especially after periods of heavy runoff.
Maintenance records must be kept for five years and available for City inspector review.
Maintenance
N
To ensure proper water quality and treatment, the detention pond and the bioswale must be properly
LD maintained. During summer months the grasses must be mowed regularly, maintaining a grass length of
O approximately 6 inches, with prompt removal and disposal of grass clippings and trash or debris. Removal
of any sediment 6 inches deep or covering vegetation is also necessary within the biofiltration Swale.
Remove sediments, fertilize, and reseed as necessary. Be careful to avoid introducing fertilizer to receiving
Q waters or groundwater. If pond side slopes become eroded over 2 inches deep, stabilize by using
appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction).
Person of Responsibility
Name:
Address:
Auburn Lndustrial Associates
1560 140th Avenue N.E., Suite 100
Bellevue, Washington 98005
.1 .
Emergency Contact Telephone Number:
Signature of Person of Responsibility:
Engineer Preparing Plan:
Address:
Plan and/or Information Updates
(206) 7 7-1726
/7.7
Signature Date
Barghausen Consulting Engineers, Inc.
18215 - 72nd Avenue South
Kent, Washington 98032
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.
Storm Water Easement and Maintenance Agreement
Page 7 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
owd "z
DI VECTOR OF PUBLIC WORKS
•f-17
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Storm Water Easement and Maintenance Agreement
Page 3 of 8
G . ,
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Andres G. Cardenas and Isabel C.
Mora is/are the person(s) who appeared before me, and said individuals(s) acknowledged that
he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act
for the uses and purposes mentioned in this instrument.
Dated IA- S'9 'I
80
S ;0
4
NOTARY 901. Ci~Zr~C~J4.CI-
,A ::o PuBUC 2 : Notary Public i and fox the State of Washington
0eER s; residing at
O* WASN~~~,•`~ My appointment ex ires
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that L h ~ - N C i (r % -2-
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 [y', k ( - ° ~
,•`~F,11 E ALMS`
y
W ro Np'tP ~
co Z ' Notary Public in and for the, State of Washington
PuB~",c~o a residing at n nuvlN
tP>.'••.:!UNE ~9•~ My appointment xpires 200
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Storm Water Easement and Maintenance Agreement
Page 4 of 8