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Home My WebLink About19990817001585 STORM EASEMENT 081799Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 24.00 A 3.) 3. 2- 199 1908 7001585 08G 17/199 141.25 WA KING COU9NTY, 4025 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00036-97, BLD0360-98) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Shumway Properties, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW V4 6-21-5 Additional on page: 15- Assessor's Tax Parcel ID#: 514310-0070-00 ~i FggBY PhI 9~a THIS EASEMENT AND AGREEMENT made and entered into this 215 day of ,J-wh ,e~ , 1999, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Shumway Properties, LLC, a Washington corporation, located at 402 26th Street NE, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 402 26" 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 WHEREAS, maintenance requirement is.a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and SON ducumangc) %vsrs filed for record by ftei oc HcMrfssi rue as Storm Water Easement and Maintenance Agreement 09MUnc)v u~ p7ap--r MOULP"dc~'j or es to iRs~R ~Qioil 6dr9o, Page 1 of 9 EXCISE TAX NOT REQUIRED Refer to Previous Excise Aff. # R.N r , Deputy numnn.,....._ PACIFIC NW TIT EAS ti 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: Section.a, 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. FA00036-97, 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. Storm Water Easement and Maintenance Agreement Page 2 of 9 19990817001585 PAGE 002 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 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„f Jfpe„~n ~w<.,ai 9 Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 9 I - 19990817001585 PAGE 003 OF 009 08/17/1999 14:25 PACIFIC NO TIT EAS 24.00 KING COUNTY, WA STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence tha a6: is the person who appeared before me, and said person acknowledged that he/she signe this instrument, on oath ted LJ he/ he authorized to execute the' ument and ac wled ed it as the of a c rporation, to be the free and voluntary act o uch party fort a uses and urposes mentioned in this instrument. Dated c`1l f ~u o ZI , 1 Gq q _ STATE OF WASHINGTON) )ss. County of King ) Notary Public residing at~ My appointment the State of Washington I certify that I know or have satisfactory evidence that `ki sere Z w _ 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 p oses mentioned in this instrument. Dated (atIly 7 ``1111110///I/~ `~QOS ON EI,o 9 U~ d NOTARY iN i - ~(P -7,, PUBLIC &:~0 GFMBER°;'~ O~ W A 81111 11%1%1% WW/bd 'ne Notary Public 'n and for tae State of Washington residing at e My appointment expires I q REF. H:\FAC\FAC3673\E98-751 and GRA0360 .98\STMWATEASE&MAINT AGRMNT Storm Water Easement and Maintenance Agreement Page 4 of 9 19990817001585 PAGE 004 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 1. 7 EXHIBIT "A" LOT 7, CORRECTED PLAT OF MARDEL ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 75 OF PLATS, PAGE 67, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. LOCATED IN SW 1/4, SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. PARCEL NO. 514310-0070-00 Storm Water Easement and Maintenance Agreement Page 5 of 9 I V111111111111 11,111111111 PACIFIC NW TIT EAS 24.00 r.. Yi 19990817001585 PAGE 005 OF 009 08/17/1999 14:25 KING COUNTY, WA I EXHIBIT B' G°-,,~MPGM OR& CONSULTING ENG!NEE;S;ClVlL ,ND SMUCTUPAL j 26T" ST. NE AUBURN, WA FOR SHAREWAY INDUSTRIES INC. 2526 "E" ST. NE AUBURN, WA 98002 JANUARY 1998, REVISED JULY 28, 1998 R.E. JOB NO. 98002 Storm Water Easement and Ma.4ena~ce A eement Page 6 of 9I 19' Vest Valley H;gr,,,ay : crr„w~~_ 19990817001585 PAGE E 006 OF OF 009 08/17/1999 14:25 KING COUNTY, NW TIT EAS 24.00 WA Stormwater Pollution Prevention Plan Site Address The project is located in Section 6, Township 21 N, Range 5 E. W.M. on Lot 7 of Mardel Addition. It is located behind Hinshaws Honda on 26`h St. NE in Auburn WA. The tax parcel number for this site is 514310-0070-00. Introduction This project involves the construction of a 9690 sf warehouse with office, detention tank, storm pipe system, and biofiltration swale. Stormwater will be collected into storm pipes, the 6 month 24 hour storm will be conveyed to a bioswale, while the larger storms will bypass the bioswale and be conveyed to a detention tank. The runoff will then be released via a control structure to the existing storm system south of the site. The runoff calculations were based on the site having 0.44 acres of impervious and 0.10 acres of pervious after final development. Plan Goal The goal of the plan is to treat the runoff for water quality before it enters the public storm system. 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 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. 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 . /I- 19990817001585 PAGE 007 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW 'TIT EA8 24.00 Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's The 6 month 24 hour storm will be conveyed through a biofiltration swale to treat runoff for conventional pollutants. 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. 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 Shareway Industries Inc. 2526 "E° St. NE Auburn, WA 98002 Contact: Bob Shumway Phone: 253-804-0670 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 PACIFIC NW TIT EAS 19990817001585 PAGE 008 OF 009 08/17/1999 14:25 KING COUNTY, WA 24.00 s 11 INSPECTION\MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTION MAINTENANCE CB#1 INSP. RESULTS MAINT. DONE CB#2 INSP. RESULTS MAINT. DONE CB#3 INSP, RESULTS MAINT. DONE CS#1 INSP. RESULTS MAINT. DONE CS#2 INSP. RESULTS MAINT. DONE SDMH#1 INSP. RESULTS MAINT. DONE SDMH#2 INSP. RESULTS MAINT. DONE SDMH#3 INSP. RESULTS MAINT. DONE SDMH#4 INSP. RESULTS MAINT. DONE SDMH#5 INSP. RESULTS MAINT: DONE SDMH#6 INSP. RESULTS MAINT. DONE SDMH#7 INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS MAINT. DONE DET. TANK INSP. RESULTS IMAINT. DONE WW/bd-- - - REF. H:\FAC\FAC3673\E98-751 and GRA0360 .98\STMWATEASE&MAINT AGRMNT Storm Water Easement and Maintenance Agreement . Page 9 of 9 IIIIIIIIIIII~IIIIIIIIIIIIP 19990817001585 PAGE 009 OF 009 08/17/1999 14:25 KING COUNTY, WA l f 4 r~ PACIFIC NW TIT EAS 24.00