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HomeMy WebLinkAbout20000919000509 STORM EASEMENT 091900l Return Address: City of Auburn City Clerk 25 West Main 9 Auburn, WA 98001 200 1900 PACIFIC NW TIT EAS 16.00 PAGE 001 OF 009 09/19/2000 11:08 KING COUNTY, WA Above this line reserved for,recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT C C cm. OD: cn, co Q c=1 Q Cwt ' QA000-UU12 and'BLDU0-UU75) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Hooman Corp., L.L.C. 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW'/o, 06-21-05 Additional on page: S Assessor's Tax Parcel ID#: 885777-0020 010 ~.qG oo- ooi -PAIW7- 6 ol - /2 THIS EASEMENT AND AGREEMENT made and entered into this U day of by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Hooman Corp., L.L.C., a Washington limited liability company, located at 2595 Auburn Way N., 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 812 35 St. NE, 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 Agreement Page 1 of 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 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 LIn THE PARTIES AGREE AS FOLLOWS: said dooumw**) were filed for rooord by Pacific Northwest Tft as Section 1, EASEMENT aooommodaWn orgy ft has nd bw examkwd as to proper exearl a n or r to w ~ upon We. o PROPERTY OWNER hereby provides an easement over, under and on that portion of the cm property as showing on the approved Record Drawings revised pursuant to construction records oC= for the City of Auburn under Permit No(s). FA000-0012 and BLD00-0075, which Record C14 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. 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 DIRECTOR OF PUBLIC WORKS j- Az C> Date Owner Date ca 0 Q " CD O ' N 4 Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. County of King ) M Lr) n d Cn O 0 C= CV I certify that I know or have satisfactory evidence that 1'I U D YyV h-, bD ~ is the person who appeared before me, and said person acknowledged that hoc signed this instrument, on oath stated that he/-sir was uthorized to execute the instrument and acknowledged it as the ~ ✓C S ( (its- of I'-DD m k." LL411 a limited liability company, to be the free and vol tary act of such y p pr the uses and purposes mentioned in this instrument. Dated 7 Do NICOLA BRANNAN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 22, 2002 STATE OF WASHINGTON) )ss. County of King ) Notary Pu ' in and for t e State of Washington residing at My appointment expires 22- 1 1 I certify that I know or have satisfactory evidence that VWj is the person who appeared before me, and said person ac owledged 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[ .-0~~ I+A " ~ YOB' ~ IW4 etjOTAR Y 9m': i :0 cn. lot PUBuC ~ o~ r OF woq 29- DM/bd i r v 6 1- Not Public ' qnd for residing at My appointment expires, Stateg Washington REF. H:\FAC\FAC 1203\E00-491 and BLD00-0075 (STM WTR EASEMENT & MAINT AGREE) Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT `A' LEGAL. DESCRIPTION THAT PORTION OF THE SOUTHEAST OUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST MARGIN' OF "I STREET NORTHEAST WITH THE SOUTH MARGIN OF 35TH. STREET NORTHEAST, SAID POINT ALSO KNOWN AS THE NORTHEAST CORNER OF LOT 2 OF THE PLAT "VALLEY PLACE" AS RECORDED IN VOLUME 124 OF PLATS, PAGES 29 AND 30, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 89'57'26" WEST, ALONG THE SOUTH MARGIN 'OF SAID Cn 35TH STREET NORTHEAST, A DISTANCE OF 395.33 FEET; - THENCE SOUTH 0905'50" WEST A DISTANCE OF 443.85 FEET; Q THENCE SOUTH 89'46'51" EAST A DISTANCE OF 395.33 FEET, T0: © THE WEST MARGIN OF SAID "P STREET NORTHEAST, THENCE NORTH. 00105'50" EAST, ALONG SAID MARGIN, A DISTANCE ~OF 445.66' FEET, TO THE TRUE POINT OF BEGINNING; - (ALSO KNOWN AS.PARCEL B..OF AUBURN LOT LINE.ADJUSTMENT NO. 0036-89 RECORDED UNDER RECORDING NO. 891.1280941.). ca C-4. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL # 885777-0020 Storm. Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT `B' bti CCNSLILTING ENGINEERS/CIVIL AND STRUCTURAL u C C C Crl rn U G Cv POLLUTION PREVENTION PLAN OF HINSHAW AUTO BODY 35TH ST. NE & "1" ST. NE AUBURN, WA I FOR SEPTEMBER 1999 R.E. JOB NO. 99052 HINSHAW S HONDA 2595 AUBURN WAY N. AUBURN, WA 1519 West Valley Highway North/Suite 101 Post Office Box 836/Auburn, WA 98071 9RI.R71.777A Fax 95'1•g3q.Pj6A Storm Water Easement and Maintenance Agreement Page 6 of 9 Stormwater Pollution Prevention Plan Site Address This project is located in NW % of Section 6, Township 21 N., Range 5 E. W.M. The site is located at the intersection of 35TH Street NE. and "I" Street NE in Auburn, WA. Tax Parcel No's. are 885777-0020. Introduction This project involves the construction of a 46,957 sf building, and a new parking lot on a 4.03 acre site. Stormwater will be detained in a retention pond and treated via a biofiltration swale. All roof runoff will. be collected into roof drains and conveyed directly to the storm system. Plan Goal C7V a a> a. 0 rn a- m a The goal of the plan is treat the runoff for water quality before discharging to the retention pond at the southeast comer of the site. 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. O Preventative BMP's Preventative Best Management Practices (BMP's).shall be implemented to ensure that the water quality measures are 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 (Cont.) csti 0 Ln ~ Treatment BMP's 0 The biofiltration swale has been designed to convey and treat runoff for conventional pollutants. rn cm ° Inspection n Q Cv 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. 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 Hinshaw's Honda 2595 Auburn Way N. Auburn, WA 98002 Contact: Hooman Bodaghi Phone: 253-833-7900 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 C" CY un 0 a 0 Cpl en Q . Q 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 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 CB or MH# INSP. RESULTS MAINT. DONE RET. POND INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS IMAINT. DONE DM/bd REF. H:\FAC\FAC1203\E00-491 and BLD00-0075 (STM WTR EASEMENT & MAINT AGREE) Storm Water Easement and Maintenance Agreement Page 9 of 9