HomeMy WebLinkAbout9805140657 STORM EASEMENT 0514984 13, 9"
to
G~}
cr)
F
Return Address:
City of Auburn
City Clerk.
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(GRA0020-97)
Reference # (if applicable):
N/A
Additional on page:
Grantor/Borrower:
1) Children's Home Society
2)
Additional on page:
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
SW '/4, 31-22-05
Additional on page:
Assessor's Tax Parcel ID#:
000400-0006
THIS EASEMENT AND AGREEMENT made and entered into this 31 s~ day of
'Yuu,rc.G , 19 R V , by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Children's Home Society, a
Washington corporation, located at 4338 Auburn Way North, Auburn, WA, hereinafter referred
to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 4338 Auburn Way North 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
1.G
O7
C}
ut
r
t
O
Ln
ti
to
0
0
x►
x
71-
x
P.
x
K
m
as
r,.
0
5z
a
c7
Storm Water Easement and Maintenance Agreement
Page 1 of 9
f
9
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
i
V)
0
In
O
X
M
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:
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. GRA0020-97, 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
PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the
CITY.
a
Storm Water Easement and Maintenance Agreement
Page 2 of 9
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
3 .
DIRECT OF PUBLI WORKS
Owner Date
Owner Date
L~
O
d'
G
t'n
Storm Water Easement and Maintenance Agreement
Page 3 of 9
STATE OF WASHINGTON)
)ss.
County of King )
0
W
WIN
0)
I certify that I know or have satisfactory evidence that ev)o S 1'0 Nti
is the person who appeared before me, and said person acknowledged that< e she signed
this instrument, on oath s ted tha she was authorized to execute the instrument and
acknowledged it as the c' of Ni ldrens 46VY-L
5oe.i !!i , a corporation, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated 3-31-98'
k
% 2
0 NOTARY ~9m
of
Nom' PUBLIC 5` 0:
• ~'9U d
a i/
Amire L V4 ~ In Y1,.
allr~~ ' ARY AS, 1 A'
Notary Publig in and for the S ;ate of Washington
residing at i .i n,&- - I 6U 14
My appointment expires a-19 --O e.)-
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that 1-t~ DOlUC
is the person who appeared before me, and said person acknowledged that he signed t is
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
as theADIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and
voluntary act of sw;h party for the uses and purposes mentioned in this instrument.
Dated 3sj I-I?y
*(X*iy,t %(<c-lay- -f Vlud i L u,b Y--S
,,,,,,„I
% F,A L. /~0
P QTY I~ Q C~
NOTARY 9N; Notary Public in and for the State of Washington
* " residing at •Y'
2 N PUBLIC
~A e9 tio,~p My appointment expires _
~y •~ARY•Ag,•.
~OF WAS
•',,,,10
DM/bd
REF. GRA0020_.97\SWEMAINT
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT "A'
LEGAL DESCRIPTION
THAT PORTION OF THE NORTH 261.36 FEET OF THE EAST 728.64 FEET
OF THE HARVEY H. JONES DONATION LEWD CLAIM NO. 39 IN SECTION
31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASH-
INGTON, LYING EAST OF THE EAST MARGIN OF AUBURN WAY NORTH, AS
CONVEYED BY INSTRUMENT RECORDED UNDER RECORDING NO. 7910311138,
RECORDS OF KING COUNTY, WASHINGTON.
C7
~!1
C~
G~
Storm Water Easement and Maintenance Agreement
Page of 9
EXHIBIT "B"
POLLUTION PREVENTION PLAN
:D
O
O
s~
OF
DRIVEWAY WIDENING AND PARKING LOT PAVING
4338 AUBURN WAY N.
AUBURN, WA
FOR
CHILDREN'S HOME SOCIETY
NOVEMBER 1997 - =3G
R.E. JOB NO. 97109
Storm Water Easement and Maintenance Agreement
Page 6 of 9
Stormwater Pollution Prevention Plan
Site Address
The site is located in a portion of the SW Y4 of Section 31, Township 22 N., Range 5 E.,
W.M. The site address is 4338 Auburn Way N., Auburn WA 98071. The tax parcel
number is 000400-0006.
Introduction
This "Driveway Widening and Parking Lot Paving" involves the paving of an existing
parking lot and the widening of an existing driveway. Stormwater will be collected into
a storm system and conveyed to a bioswale for treatment before it is routed through an
infiltration trench.
Plan Goal
The property owner is required to enhance and protect water quality due to stormwater
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
C7
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:
O5
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. See Appendix A.
2) The storm drainage utilities should be properly maintained,
as described in the following sections.
Inspection
Regular inspection of the storm drainage facilities will ensure their proper function.
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.
Storm Water Easement and Maintenance Agreement
Page 7 of 9
Stormwater Pollution Prevention Plan (Cont.)
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 Facilities for
maintenance requirements.
Person of Responsibility
Children's Home Society
cl-
4338 Auburn Way N.
PO Box 1997
Auburn, WA 98071
q'
Contact: Sara Tenney-Espinoza
rl
Phone: 253-854-0700
In
G
Design Engineer: Rupert Engineering, Inc.
Contact: Larry Krueger
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
j1.
STRUCTURE DATE OF
INSPECTION MAINTENANCE
CB#1
INSP. RESULTS
MAINT. DONE
CB#2
INSP. RESULTS
MAINT. DONE
CB#3
INSP. RESULTS
MAINT. DONE
CB#4
INSP. RESULTS
MAINT. DONE
i
1
CB#5
fNSP RESULTS
MAINT. DONE
CB#6
fNSP. RESULTS
MAINT. DONE
CB#7
INSP. RESULTS
MAINT. DONE
CS#1
INSP. RESULTS
MAINT. DONE
BIOSWALE
INSP. RESULTS
I
MAINT. DONE
INF. TRENCH
INSP. RESULTS
MAINT. DONE
Storm Water Easement and Maintenance Agreement
Page 9 of 9
A 3.►3-DL-
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Waterline EASEMENT for Auburn Riverside Senior High School
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page _ of document
Grantor(s) 0 st name frst, then first nsm" -rte
1. a " vQ~~ 0 J;01
Grantee: SLast name first)
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NE quarter of SectioWslipTownship 21 North, Range 5 East.
K Additional legal is on page -4- document.
Assessor's Property Tax Parcel/Account Number:
665500-0020
❑ Assessor Tax # not yet assigned
I~Y~IG~p~'~B~~tlAB
CITY OF AUBURN EAS 13.00
19990712000641
PAGE 001 OF 006
07/12/1999 10:14
KING COUNTY, WA
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
CITY OF AUBURN
AUBURN SCHOOL DISTRICT ff
WATERLINE EASEMENT
AUBURN RIVERSIDE SENIOR HIGH SCHOOL
For and in consideration of the sum of one dollar ($1.00) and
other good and valuable consideration, receipt of which is
hereby acknowledged, and for benefits derived by the Grantor
herein, the Grantor, AUBURN SCHOOL DISTRICT NO. 408, hereby
conveys and warrants to CITY OF AUBURN, Grantee herein, a
Municipal Corporation of the State of Washington, its
successors and assigns, a perpetual non-exclusive easement
for the purpose of laying, maintaining, and installing
water transmission lines and appurtenance thereto, said real
property being described as follows:
See Attachment A.
Said Grantee has the right, at reasonable times and after
giving reasonable notice, and in exercising all reasonable
precautions to assure safety of students, staff and public,
enter upon said Easement for the purposes of maintenance,
construction, repair, or reconstruction of the above
improvements.
Said Grantor shall make every effort to not block, restrict
or impede access and egress to and from the Easement.
Grantor may fence across Easement and/or along boundaries of
Easement provided that a gate is constructed in the fence to
allow Grantee access.
I'
CITY OF AUBURN EAS 13.00
19990712000641
PAGE 002 OF 006
07/12/1999 1014
KING COUNTY, WA
This Easement shall be a covenant running with the above
described real property and shall be binding upon the
successors, heirs and assigns of all parties.
DATED this 10th day of
March
1999.
GRANTOR
AUBU OOL DISTRICT NO. 408
By
Linda-S.-Cowan , Superintendent
ACCEPTED BY:
GRANTEE
CITY OF AUBURN
STATE OF WASHINGTON
COUNTY OF KING
Notary Public
of Washington,
My Commission
on this 10th day of March , 1999, before
me, a Notary Public in and for the State of Washington,
personally appeared Linda S. Cowan , personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument, on
oath stated that (s)he was authorized to execute the
instrument, and acknowledged it as the Superintendent
of AUBURN SCHOOL DISTRICT NO. 408 to be the free and
voluntary act and deed of said corporation for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
officials seal the day and year first above written.
4.
Easemen4 i'IV
M µ'l _
ss.
In alUd 1-UL- Lfle O GaL -
residing at Auburn
Expires 9a-'-'0ZZ5
dit-
1 19990712000641
PAGE 003 OF 006
am 6
07/12/1999
CITY OF AUBURN EAS 14
13.00 KING COUNTY, , WA
AUBURN RIVERSIDE HIGH SCHOOL
WATERLINE EASEMENT
MARCH 27, 1998
A PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON, BEING A STRIP OF LAND 15.00 FEET IN WIDTH
LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION THENCE NORTH 01 047'54"
EAST ALONG THE WEST LINE THEREOF 50.03 FEET TO THE NORTH MARGIN OF ORAVETZ
PLACE SE;
THENCE SOUTH 89°09'24" EAST ALONG SAID NORTH MARGIN 742.34 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET THROUGH A CENTRAL ANGLE
OF 30°08'53" AN ARC DISTANCE OF 173.64 FEET;
THENCE SOUTH 59°00'31" EAST 87.28 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 80°52'44" AN ARC
DISTANCE OF 70.58 FEET;
THENCE NORTH 41 °42'09" EAST ALONG THE WESTERLY MARGIN OF QRAVETZ ROAD 518.56
FEET TO THE POINT OF BEGINNING;
THENCE NORTH 48°57'26" WEST 251.00 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "A";
THENCE CONTINUING NORTH 48°57'26" WEST 7.68 FEET;
THENCE NORTH 41 °02'24" EAST 246.08 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "B";
THENCE CONTINUING NORTH 41 °02'24" EAST 14.00 FEET;
THENCE NORTH 53°03'49" WEST 47.82 FEET;
THENCE NORTH 04°45'20" WEST 97.59 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "C";
THENCE CONTINUING NORTH 04°45'20" WEST 34.00 FEET;
THENCE NORTH 35°52'52" EAST 236.54 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "D";
THENCE CONTINUING NORTH 35°52'52" EAST 63.17 FEET;
THENCE NORTH 28°30'13" EAST 252.25 FEET;
THENCE NORTH 46°35'22" EAST 234.59 FEET;
THENCE SOUTH 71 °44'43" EAST 53.29 FEET TO A POINT HEREINAFTER REFERRED TO AS
POINT "E";
THENCE CONTINUING SOUTH 71 °44'43" EAST 170.86 FEET;
THENCE SOUTH 64°51'24" EAST 112.99 FEET TO THE WESTERLY MARGIN OF QRAVETZ ROAD
AND THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID EASEMENT MAY BE
SHORTENED OR LENGTHENED TO BEGIN AND TERMINATE AT THE WESTERLY MARGIN OF
QRAVETZ ROAD.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEGINS
AT AFORESAID POINT "A";
THENCE SOUTH 41 °02'34" WEST 19.00 FEET TO THE TERMINUS POINT OF SAID CENTERLINE.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEGINS
AT AFORESAID POINT "B";
THENCE SOUTH 48°57'36" EAST 30.00 FEET TO THE TERMINUS POINT OF SAID CENTERLINE.
SHEET 1 OF 2
9774002.lgl ,~r 11, 4 A
I 19990712000641
PAGE 004 OF 006
;I 07/12/1999 10:14
KING COUNTY, WA
CITY OF AUBURN EAS 13.00
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEGINS
AT AFORESAID POINT "C";
THENCE SOUTH 85°14'40" WEST 16.00 FEET TO THE TERMINUS POINT OF SAID CENTERLINE.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEGINS
AT AFORESAID POINT "D";
THENCE SOUTH 54°07'08" EAST 30.00 FEET TO THE TERMINUS POINT OF SAID CENTERLINE.
TOGETHER WITH A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH BEGINS
AT AFORESAID POINT "E";
THENCE NORTH 18°15'17" EAST 37.50 FEET TO THE TERMINUS POINT OF SAID CENTERLINE.
CONTAINING 27,634 SQUARE FEET OR 0.63 ACRES, MORE OR LESS.
%7.s•-iG i'~x~'~^---=-•, PREPARED BY: DATE: 3-%30-W
Michael G. Mickiewicz
PLS #17672
Horton Dennis & Associates, Inc.
(425) 822-2525
~y G. h,'ICkr
' l °
nsn
.-GIST
EA~~'rJ
E~'1rXS 9!25/47
SHEET 2 OF 2
9774002.lgl
19990712000641
PAGE 005 OF 006
I' 07/12/1999 10:14
KING OF AUBURN EAS 13.00 COUNTY, WA
r.
~t
NWI f 4, SEC. 31, T. 21 N., R. 5 E., W.M.
ti
KING COUNTY, WASHINGTON ~@ m~
200 100 0 200 400 600 m m
a ti~ a SCALE IN FEET (T% q M1 z '
/ ~ .-f fi m Y
\
d
15 xA 7{ EASEMENT
\
Q \f
1
y
64
•
R - 077
I
L - 11.95'
\Q\
'
E
e~~t E N 469513' E N 42%56+
71 25'
Y
t'
f
'
\ yr\
e
~~`E f\a
\
s
Y
d;t 41~
?
G - lV4
2
149.11
N 463122' E 7.
R - Game n - 3499'05• )L SO
tS9' ,j6,,~p'i3
L - 124.57 R - 661.1e
I n - 593717'
L - 394.08' L6 N 2x.5wV --f ` R - 17100'
L- 182.14
s l~ s
Q
W
V. k e
O =
\ PT •C R - 2 d - 1135 - PO
e° , f g h
f L - N.72' R - 10.1M
m Q7
2~a ill2i• E L1 x1f 5('7`97'1 L - 69.14'
_ 246 or o AUBURN R1~'ER90E a
30te53 IN.
R-7
L 1
- 173.64'
64' ASD SITE 4 PT 'A' P7 '8'
N 6076'37' x 497 E 45 E
n - 300d1Y 5 5.40437• E ~5 LA 1.96' ,~4J 2 497
S 7`1
R - 30844 87.20 Y n - 1397`1 Y M 6~
L - 177.as n- 60'57.4• a ASQ SITE 2 222.ar 69-AS ice!
,f R - 50.04
i, L - 70.16' N 1by' l
t+Q N 41YY09• f M1.JY f
1 V N 45'4rC9• E 556 6 Y
N 41'4704• E ! I.96•
00'976'12• x ~
r~-- ORAvM ROAD
4
e
e - 1397`!2'
A - 0626'as'
4 - 0137.24• s
C-
R -0.10.04 D
R - 1000.04
L- 22399'.
T10n
ItSTANCE
LR O04
A
I.
- 2SiLY bl~ "7'l.
N 4 2i
!t
.
V N 539719 x 47.62
'
•
Lt
Ls
N 04
xi x
N 04*4 20 x
92.39
x.00
,1~_
\T-
C
Ls
7
m 35-'f5-1 c
n'41 U
!
? `~i
64 1 4
1!
`TS
l
L9
5 It x x
19.
B
~
UO
5 4" E
30.
lit
02
5 l4 x
5 x 06
16.
30.0or
- q
L13
N t6'1 t
370
J
f
NO . LE965 ! A79AAru K
~0,
L9NS1A171C 00mcm
AUBURN SCHOOL DISTRICT
N0. 408
Ndn~
pxc
_
_
AUBURN RIVERSIDE HIGH
SCHOOL
N 8114 O 5/
297x'57' E Q.•
o ~'e6l
57671 - ~v
LAND
E37`JtES 4/2S(Q~ ~t4 /
977iEv0~.OxC
Z 3/30/98 WATERLINE EASEMENT
1111~1 EXHIBIT MAP ,T n,