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Home My WebLink About20020522003041 STORM EASEMENT 0522021*~ r Return Address: ` City of Auburn I Clerk ` 25 West Main Auburn, WA 98001 (h02105 y,/ t6 8~ PACIFIC NW TIT EAS OF S S e5/Z7l200 1:21 KING COUNTY , Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT h AU01-0034) cr C". 0 C'v1 ,.Y7 C=p QV C=t 0 Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Ken Schoenfeld 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 31-22-05E Additional on page: Assessor's Tax Parcel ID#: 936060-0254110 W'2413- l0-- THIS EASEMENT AND AGREEMENT made and entered into this /6 -day of cx , 20 0-;z; by and between the City of Auburn, a municipal corporation of King Count, Washington, hereinafter referred to as "CITY" and. Ken Schoenfeld, located at 4508 Auburn Way N., Suite A-105, 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 721 45 St. 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 storni 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 =aft C .w. ` for upon all heirs, successors and assigns of both parties; and Said d regard bt- pecifle Nt*1,4%we►' M16 so Xcommooabon only t has ,+ol been 3xamined eQ toprn m Ar,aromog , Stornz Water Easement and Maintenance Agreement as to ks eneot upon title Page I of 8 V 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. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: o Section 1, EASEMENT O PROPERTY OWNER hereby provides an easement over, under and on that portion of the cv property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit No. FAC01-0034, which Record Drawings are hereby CZ) incorporated by reference as if set out in full. This easement shall be a burden to that real estate cv which is legally described and attached as Exhibit A and incorporated herein by this reference, o 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 WOIU& s ~y/ 2. Owner Date C"7 C7 CV cv a.n C-) N N 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 L /Le welht 5~/~cf~.f~lnC and is/are the person(s) who appeared before me, and said individual(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 5/ilai HCHEL.LE A. DAVIDSON G NOTARY PUBLIC STATE OF WASHINGTON C1i tv cm O c'V STATE OF WASHINGTON) )ss. County of King ) z IN~G~iE11C ~ . ~ICI.sG~ Notary Public in and for the State of Washington residing at My appointmen expires -7 -t -4c,5 I certify that I know or have satisfactory evidence that M &ru te~ is the person who appeared before@~n e, and said person acknowledged that gned iffis instrument, on oath stated thatA as 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 o7_ I I to 10 a-- M:. cro`~~ NOTY,; Notary Public in and for the State of Washington pUBU residing at ca~~~ 2 s o~•:' My appointment expires > a9 103 WW/bd File: 2.1, 4.1 REF. FAC01-0034 (STM WAT EASE & MAINT AGRMNT)\E02-531 Storm Water Easement and Maintenance Agreement Page 4 of 8 Exhibit 'A' LEGAL DESCRIPTION Lot 2 of the City of Auburn Lot Line Adjustment LLA-0037-89. Cn Cl-I Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT `B' . STORMWATER POLLUTION PREVENTION for Riverbend Office Building #2 SEPA # SEP 0030-99 FAC # FAC 01-0034 G O c~ ecs Q Site Address: The project is located in Section 31, Township 22 North, Range 5 East, W.M. on the northeast corner if Auburn Way North and 45th Street NE. The Tax Parcel # 936060-0254 Introduction: The site has an area of approximately 0.79 acres and is currently undeveloped. The subject site will propose a commercial building with landscaping and asphalt parking. The total impervious area will be approximately 16,030 SF. . O The subject site is mostly flat with a small gradient from the rear of "CZ the site towards 45`h Street or the adjacent site to the west (Riverbend •QV Office). Here the storm water will slightly pond in.the wet months until the runoff is absorbed into the ground or evaporates into the air. There is no evidence of any concentrated on-site flows. There is also no evidence of any erosion, or off-site flows from storm water runoff coming on-site. The existing site has no storm water quantity or quality control of any kind. According to the City of Auburn's Construction Standards for storm water management, the city requires storm water quantity and quality control to all proposed developments. We have proposed to collect all of the storm water runoff from the landscaped, building and pavement areas in a series of catch basins. This water is conveyed via storm drainage pipe to a storm water detention/wet pond located to the east of the site. Here the storm water will be released into a 1211 storm drainage line running to the west and connecting into the city main located in 45`h Street NE Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles' and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Prevention BMP'S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call 1-425-649-7000. * BMP RD.05 Wet Pond (conventional pollutants) Storm Water Easement and Maintenance Agreement Page 6 of 8 Treatment BMP'S The BMP will be inspected a minimum of 2 times per year or as directed in the Maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. Inspection / Maintenance: 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. Additional inspections may be required after severe seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The 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. c*7 CZ) ca To ensure proper water quality and treatment, the detention / wet pond c`+ must be properly maintained. Be careful to avoid introducing landscape cv fertilizer to receiving waters or groundwater. If wet pond side slopes .h become eroded over 2 inches deep, stabilize by using appropriate erosion c control measures (e.g., rock reinforcement, planting of grass, cv compaction). Catch Basins shall be cleaned-when sump is 1/3' full of sediment or debris. Person of Responsibility: Ken Schoenfeld 4508 Auburn Way North # A-105 Auburn, WA 98002 Ph (253) 854-9899 Poe Engineering, Inc. Alan F. Poe, P.E. 1314 8"' Street NE #102 Auburn, WA 98002 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 Sections. (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 7 of 8 a C.) C= QV ctv ev, •o awe' INSPECTION/MAINTENANCE CHECKLIST ::::.::.n:::..,:ii:a,:.:.:..i.: :::.::.:::.::i.:.:i.:i.:::iiii.:i i•:ii.;:i:.::. •.tt««««:v«v ««tv,w:.::v:.vvu«wvv.v::.v:. v,=v. ::::.::::::,.::::.:tiii:i..i,:..,....:.; v:.«,t•. 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Storm Detention/ Inspection Wet Pond Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done WW/bd File: 2.1, 4.1 REF. FAC01-0034 (STM WAT EASE & MAINT AGRMNT)\E02-531 Storm Water Easement and Maintenance Agreement Page 8 of 8