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Home My WebLink About20010409000680 STORM EASEMENT 040901v Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 200104 PACNU TIT E09000680 E 001 OF 008 23.00 04/08/2001 11:28 KING COUNTY, Wp ~o Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA000-0025 and GRA00-0006) C-) OD Lo C7 ca rn c~ a O Ca cv Reference # (if applicable): Grantor/Borrower: N/A 1)Valley Cities Counseling and Consultation Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW/4& SE'/4, 06-21-05 Assessor's Tax Parcel ID#: 062105-9085 Additional on page: 2) Additional on page: Additional on page: /o5- -FJV&I T Af- F39 3 THIS EASEMENT AND AGREEMENT made and entered into this day of 20_, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Valley Cities Counseling and Consultation, located at 2704 `I' Street NE, Auburn, WA 98002, 253.833.7444, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 2704 `I' Street 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 3`~d docun""8) wwv tiW for Nord by Pecft Northwom Tide as o*. R No not. bw)n "at "W d ae 10Proper exem*an er Storm Water Easement and Maintenance Agreement Page 1 of 8 EXCISE TAX NOT REQUIRED King C un Records Division 6Y DOP4 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 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 C---y make certain that it is functioning properly and for purposes of determining the appropriate C= repairs. U- a NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED a' THE PARTIES AGREE AS FOLLOWS: a o Section 1, EASEMENT o PROPERTY OWNER hereby provides an easement over, under and on that portion of the cam, property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit Nos. FA000-0025 and GRA00-0006, 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 enforcigg t- agreement and/or in maintaining or collecting maintenance fees, the Storm Water Easement and Maintenance Agreement Page 2 of 8 PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. w ~.o 0 CD - 4- Cv 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 _ h~ ° DIRECTOR OF PUBLIC WO S r ~y3 ti . ~ J (E.4 1 r V T~ o [Q ~3 r~~ Owl rG'44"' uW Date Owner Date 2 0 p f Storin Water Easement and Maintenance Agreement Page 3 of 8 STATE OF WASHINGTON) )ss. County of King ) c.--> 0 0 a 0 0 N I certify that I know or have satisfactory evidence that ZVd, 6- &l~~2 is the person who appeared before me, and said person aoKno" wledged that he/she signed this instrument, on oath state that he/she was authorized to execute the i trument and acknow edged it as the FD of 1~zW4 6-0-1 1 a corporation, to be the free an vol ary act of such party for the uses and purposes mentioned in this instrument. Dated K BROy ~ If iiV . d ,pi AR y v;•, PUBLIC 11N STATE OF WASHINGTON) )ss. County of King ) Notary Public in and for the State of Washington residing at My appointment expires i os I certify that I know or have satisfactory evidence that &V'6 y'ye " - &M (e y- is the person who appeared before me, and said person acknowledged that he signed th 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 3 -021- O 1 LLk- ' PUB00 Notary Public in and for the State of Washington it residing at I %q s pP,.. ' My appointment expires c~-q D WAS~ DM/bd REF.:FAC00-0025 (STM WAT EASE & MAINT AGREE)\E00-949 Storm Water Easement and Maintenance Agreement Page 4 of 8 EXHIBIT `A' tZa 0 v~ ca r-- c~ N LEGAL DESCRIPTION: THAT PORTION OF WILLIAM H. BRANNAN DONATION LAND CLAIM NO. 37 IN SECTION 6, T 21 N, R 5 E, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID BRANNAN DONATION LAND CLAIM; THENCE S 00'59'00" E, ALONG THE WEST LINE THEREOF 1339.0 FT; THENCE N 8919'00" E 594 FT; THENCE N 81'33'00" E 293.45 FT; THENCE N 09'01'00" W 190.0 FT; THENCE S 84'55'00" W 309 FT, MORE OR LESS, TO THE EASTERLY MARGIN OF "I" STREET NE AS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 7102040370 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 84'55'00 E 300 FT; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY MARGIN OF "I" STREET NE 165 FT; THENCE S 84'55'00° W 300 FT TO SAID -EASTERLY MARGIN; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN 165 FT TO THE TRUE POINT OF BEGINING. . TOGETHER WITH THE NORTH 50.00 FEET OF LOT 1 OF THE CITY OF AUBURN SHORT PLAT NO. SPL 0010-97 AS RECORDED UNDER RECORDING NUMBER 9711190806 RECORDS OF KING COUNTY. WASHINGTON. SUBJECT TO AND OR TOGETHER WITH THE FOLLOWING RECORDED EASEMENTS: REC. NO. 9008310297 Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT B' STORMWATER POLLUTION PREVENTION PLAN for Valley Cities Counseling Building 2704 "1" Street N.E. Auburn, WA L7 SEPA # SEP 0016-99 ao GRA # GRA XXXX-00 LC) 0 Parcel # 062105-9085, 062105-9068 O rn introduction: 0 -:11 The Valley Building Counseling Building Development will have a proposed o storm drainage system comprised of a detention tank, surface water ponding on the parking lot pavement, and a biofiltration swale. Ir- o The proposed building is located at 2704 "I" Street N.E. The total site area is 1.45 acres. N The subject site is currently developed with two existing buildings, asphalt parking, and a large landscaped play area adjacent to I Street N.E. The site is fairly flat with a small gradient from the west to the east portion of the site. All of the storm water runoff is collected on-site in a series of catch basins. The storm water is then conveyed directly into the public storm drainage system without water quantity or. quality control. There is no evidence of any off-site flows from storm water runoff coming on-site. 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 will be conveyed by storm drainage pipe to an underground storm water detention tank located beneath the pavement in the northwest portion of the site. The detention tank has been sized in conjunction with parking lot ponding to detain the 100 year post developed storm event. The storm water will be released from detention through two control structures inside the tank. One control structure is located at the beginning of the biofiltration swale and will release up to a maximum rate of 0.23 CFS (the water quality storm) into the biofiltration swale. The stormwater released into the biofiltration swala will be treated for water quality and then discharge into the public system in I Street N.E. The second control structure will release the storm water flows in excess of the water quality storm directly into the public storm drainage system in I Street N.E., bypassing the biofiltration swale. 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. Storm Water Easement and Maintenance Agreement Page 6 of 8 P 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 RB.15 Detention Tank (underground) * BMP RB.05 Biofiltration Swale * These BMP's 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. 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. Persons of Responsibility: Valley Cities Counseling and Consultation 2704 I Street N.E. Auburn, WA 98002 Ph # (253) 833-7444 c 00 tcl Q. C? Cn 0 C) 0 O N (Changes to ownership shall be reported to the City of. Auburn's Utilities Section.) 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. To ensure proper water quality and treatment, the detention vtank and the biofiltration swale must be properly maintained. During summer months the grasses must be mowed regularly, maintaining a grass length of approximately 3 to 6 inches, with prompt removal and proper disposal of grass clippings, trash, and debris. Removal of any sediment 6 inches deep or covering vegetation is also necessary within the biofiltration swale. Remove sediments, fertilize, and reseed as necessary. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If biofiltration swale side slopes become eroded over 2-inches deep, stabilize by using appropriate erosion control measures. (e.g., rock reinforcement, planting of grass, compaction). Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. Storm Water Easement and Maintenance Agreement Page 7 of 8 s Y C:T CX2 4LQ Q O• CZ) C7h O O a 0 CV INSPECTION/MAINTENANCE CHECKLIST STRUCTURE . S Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Detention Tank Results Maintenance Done Inspection Bio-swale Results Maintenance Done Flow Control Inspection Structures Results Maintenance Done DM/bd REF. FAC00-0025 (STM WAT EASE & MAINT AGREE)\E00-949 Storm Water Easement and Maintenance Agreement Page 8 of 8