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Home My WebLink About20000508001971 STORM EASEMENT 050800Return Address: City. of Auburn City Clerk 25 West Main Auburn, WA 98001 T009EAS 13:56 A 3 - 119 24.00 7 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00032-99 and BLD0407-99) e # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Fairfield Builders Supply Corporation Additional on page: O'T r- 0 C7 O lr N Grantee/AssigneeBenefi.ciary: City of Auburn Legal Description/STR: Assessor's Tax Parcel ID#: NW '/4, 06-21-05 & SW 31-22-05 000400-0012, 0115 & 0116 2) Additional on page: LMU 0 T r1VW 1 21 lJ 3~8- (Z_ THIS EASEMENT AND AGREEMENT made and entered into this 127-- day of µ rt! ~ , by and between the City of Auburn, a municipal corporation of King County) Washington, hereinafter referred to as "CITY" and Fairfield Builders Supply Corporation, an Indiana corporation, located at 3481 Concord Rd., Lafayette, IN 47903, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 4020 Auburn Way N., 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 . Said document(s) were filed for record by Pacific Northwest Title as acco Y Wdetbn onlyL it No nm b@w Storm Water Easement and Maintenance Agreement examined as to proper 4xectow sr Page 1 of 9 as to Its effed upon 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 end assigns of both parties as to the existence of this easement and agreement; and rn r- o WHEREAS, an easement is needed to bring in maintenance equipment; and CX3 o 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. c~ cv 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). FA00032-99 and BLD0407-99, 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 incorpopited 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 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. CI UBURN 5• Q~ m 0 G co 0 en Cn CD cv /V 4 Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 9 r STATE OF INDIANA ) )ss. County of Tippecanoe ) I certify that I know or have satisfactory evidence that John 0. Coffin 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 praGi dp-nt of Fai rf i 1 d Builders rn SLipja].}i rnrz a corporation, to be the free and voluntary act of such c, party for the uses and purposes mentioned in this instrument. Dated 113100 a c~ Patricia A. Gillette 0 CZ3 cV 7 Notary Public in and for the'State of hresiding at in Tippecanoe C_! My appointment expires 3/8/00, STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that O(tM ~ &4te4v is the person who appeared before me, and said person acknowledged that a 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 o su h party for the uses and purposes mentioned in this instrument. Dated / . 4,0 • ~`SSrONF c NOT4 m'. y : W • , j PU 3UC ; ~'9~;•.~ 19- '%tt\0P NASN~xp' DM/bd otaryPublican and four t~ of Washington sidiniz at ~,5u -,(f P My appointment expires t REF. H:\FAC\FAC3293\E99-1383 and BLD0407 .99\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT `A' LEGAL DESCRIPTION LOT i THOSE PORTIONS OF LOTS 2 AND 3, CITY OF AUBURN SHORT PLAT NO. SP-9-84 AS RECORDED UNDER KING COUNTY RECORDING NO. 8407311186 RECORDS OF KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 00'06'23' WEST, ALONG THE EASTERLY MARGIN OF AUBURN WAY NORTH, A DISTANCE OF 149.67 FEET; THENCE 'CONTINUIN'G ALONG SAID MARGIN ON A CURVE TO THE RIGHT WITH A RADIUS OF 2,525.50 FEET, THROUGH A -MITRAL ANGLE OF 02'07'07', AN ARC LENGTH OF 93.39 FEET THE CHORD OF WHICH BEARS .SOUTH 01'07'08' WEST 93.39 FEET; TO THE NORTH LINE OF LOT 1 OF SAID SHORT PLAT; THENCE" NORTH 89'57'26' EAST, ALONG SAID NORTH LINE. A DISTANCE OF 200.00 FEET; :IYCE SOUTH 00'02'34' EAST, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 125.00 FEET, TO THE .NORAT. l- MARGIN OF 40TH ST. N.E.; °.THENCE ORTH 89'57'26' EAST, ALONG SAID NORTH MARGIN, A DISTANCE OF 130.00 FEET; THENCE NORTH 00'19'41' EAST A DISTANCE OF 368.04 FEET, TO THE NORTH LINE OF SAID SHORT PLAT; THENCE SOUTH 89'57'26' WEST, ALONG SAID NORTH LINE, A DISTANCE OF. 330.00 FEET, TO THE POINT. OF BEGINNING; (BEING KNOWN AS PARCEL A OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-2-88, RECORDED UNDER KING COUNTY RECORDING NO. 8803070755) e~ PARCEL NO: 000400-0115 CTS C:=) C'J co 0 Ln C) C=:) Cv LOT 2 THOSE PORTIOi i;, OF LOTS 3 AND 4, CITY OF AUBURN SHORT PLAT NO. SP-9-84 AS RECORDED UNDER AUDITOR'S FILE NO. 8407311186 RECORDS OF KING COUNTY, WASHINGTON BEING DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF LOT 2 OF SAID SHORT PLAT; THENCE NORTH 89'57'26' EAST, A DISTANCE OF 330.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 'NORTH UNE NORTH 89'57'26" EAST A DISTANCE OF 330.87 FEET TO A POINT ON THE WESTERLY MARGIN OF 17 STREET NE; THENCE SOUTH 00'07'42" WEST. ALONG SAID WESTERLY MARGIN, A DISTANCE OF 168.04 FEET; THENCE SOUTH 89'57'26' WEST, A.OISTANCE OF 80.00 FEET; THENCE SOUTH 00'07'42 WEST, A DISTANCE OF 18.49 FEET; THENCE SOUTH 89'57'26" WEST, A DISTANCE OF 141.52 FEET; THENCE SOUTH 00'19'41' WEST A DISTANCE OF 181.51 FEET TO A POINT ON THE NORTHERLY MARGIN OF 40TH STREET NE; THENCE SOUTH 89'57'26" WEST, ALONG SAID NORTHERLY MARGIN, A. DISTANCE OF 110.00 FEET; THENCE NORTH 00'19'41' EAST, A DISTANCE OF 368.04 FEET TO THE TRUE POINT OF BEGINNING; AND CONTAINING 80.264 SQUARE FEET OR 1.843 ACRES, MORE OR LESS. (ALSO KNOWN AS PARCEL 8 AND A PORTION OF PARCEL C OF CITY OF AUBURN LOT LINE ADJUSTMENT NO. AU-LLA-2-88, RECORDED UNDER RECORDING NO. 8803070755.) PARCEL NO'S: 000400-0116, 000400-0012 Storm Water Easement and Maintenance Agreement Page 5 of 9 r ~ ffHIBIT A G°3ap@P~ gng ° ° ngo CONSULTING ENGINEERS/CIVIL AND STRUCTURAL ti cam. rn POLLUTION PREVENTION PLAN OF TCI EXPANSION BUILDING 4020 AUBURN WAY N. AUBURN, WA FOR FAIRFIELD BULDERS SUPPLY CORP. 3489 CONCORD RD., PO BOX 4427 LAFAYETTE, IN 47903 JUNE 1999 PLE- JOB NO. 99065 O LO C7 C--) Q N 19 `r'/es; `:a"ey ~iiigrway Ne.,-,/Su,;e ' 0' Storm Water Easement anc~=Qa.=;kireement Page 6 of 9 Stonmwater Pollution Prevention Plan Site Address This project is located in SW % of Section 31, Township 22 N., Range 5 E. W.M. The site address is 4020 Auburn Way N., Auburn, WA. Tax Parcel No. is 880307-0755. Introduction This project involves the construction of a 6250 sf addition, and a new parking lot on a 1.84 acre site. Stormwater will be treated via a biofiltration swale and conveyed to an infiltration trench for permanent retention. All roof runoff will be collected into roof drains and conveyed directly to the storm system. Plan Goal The goal of the plan is treat the runoff for water quality before discharging to the infiltration trench located along the north property line. ° The property owner is required to enhance and protect water quality due to stormwater o 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 ,G inspection and maintenance requirements are outlined. c~ ca Preventative BMP's o' N Preventative Best Management Practices (BMP's) shall be-implemented to ensure that 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 -DUMP NO WASTE, DRAINS TO STREAM.- 2), The storm drainage utilities should be properly maintained, as described in the following sections. Storm Water Easement and Maintenance Agreement Page 7 of 9 Stormwater Pollution Prevention Plan (Copt) c~ Treatment BMP's rn c~ The biofiltration swale has been designed to convey and treat runoff for conventional ~ pollutants. G n Inspection c::) Regular inspection of the storm drainage facilities will ensure their proper function. CN 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. Maintenance Regular maintenance of the storm drainage facilities will ensure their proper function. See King County Washington Surface Water Design Manual. Appendix A. Maintenance Requirements for Privately Maintained. Drainage for maintenance requirements. Person of Responsibility Fairfield Builders Supply Corp. 3481 Concord Rd., PO Box 4427 Lafayette, IN 47903 Contact: Arthur L. Vertner Phone: 206-499-7289 Design Engineer. Rupert Engineering, Inc. Contact: Larry Kreger 1519 West Valley Hwy. N., Suite 101 Auburn, WA 98001 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 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 8 of 9 INSPECTION\MAINTENANCE CHECKLIST cn Cori C:) co O U) 0 0 c~ C3 cv STRUCTURE DATE OF INSPECTION MAINTENANCE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE INF. TRENCH I NSP. RESULTS MAINT. DONE BIOSWALE I NS P. RESULTS I MAINT. DONE DNnd REF. H:\FAC\FAC3 293\E99-13 84. and BLD0407_.99\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 9 of 9