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Home My WebLink About20020114000448 STORM EASEMENT 011402Cie, - k ? n r _ i"T 0 0 v Return Address City of Auburn City Clerk 25 West Main Auburn, WA 98001 0020 PACIFIC NW TIT ENS 16.00 PAGE 001 OF 006 01:'14:2002 09:19 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (GRA01-0029) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) John & James Rottle 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/4 6-21N-5E Additional on page: Assessor's Tax Parcel ID#: 000100-0038 ~l(p c 14jIL(Laci-1 L THIS EASEMENT AND AGREEMENT made and entered into this O-`D4'day of /Uuv euw , 20 , by and between the City of Auburn, a municipal corporation of C%j King County, Washington, hereinafter referred to as "CITY" and John & James Rottle, located at 225 E. Main St., 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 2712 Auburn Way N. 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 runnin with the land and binding upon all heirs successors and assigns of both parties; and ~ d doming 8) w®~ n1ad For r d by Pacific modhtwoo, t 'nglo sfion omy. 1Q has nng U as 9tt8~,m1nad~ras go proper em~V(Dw 00 Storm Water Easement and Maintenance Agreement Page 1 of 8 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. 0 v NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED V - cm PARTIES AGREE AS FOLLOWS: cv °o Section 1, EASEMENT cv 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(s). GRA01-0029 and STM01-0236, 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 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 0" A A ~ - V / , DIRECTOR OF PUBLIC WORK Owner Date Il l)f Date ago c~ C= 0 0 = Q'V 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 ,A WV -5 K ?crrZz~ and TOl ~V O--P L z is/are the person(s) who appeared before 001 me, and said partner(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 C;3 instrument. ' Dated l lTy a ► C ,~•GOMM. F.po,~tS~'i c~+ ,0TAgy . •o cv ~N~A•'~q ~OUBLIG oa•~=~ W .-A. k)cl~" JunN K Grp aT15 Notary Public in and for the State of Washington residing at pry sg 1, ,5H My appointment expires d 1 l D 7/ 6v STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that h 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 I- S -o t, oNl ``%N N 'N ~i PUBLIC r -9-0 . Notary Public in and for the State of Washington residing at My appointment a ires /D - 9 -O?~ AWms/bd File: 2.1, 4.1 REF. GRA01-0029 (STM WAT EASE & MAINT AGREE)\E01-1676 Storm Water Easement and Maintenance Agreement Page 4 of 8 EXHIBIT `A' e, c~ 0 V- V- C= N o N PARCEL NUMBER 000100-0038 LEGAL DESCRIPTION A PORTION OF THE WIWAM H. BRANNAN DONATION LAND CLAIM NO. 37, IN SECTION 6, TOWNSHIP 11 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID BRANNAN D.C. NO. 37, THENCE SOUTH 058'29" EAST, ALONG THE WEST LINE OF SAID D.C. NO. 37, A DISTANCE OF 789.09 FEET; THENCE NORTH 8854'48' EAST, A DISTANCE OF 35 FEET TO THE TRUE POINT OF L "Nt R(lNT BEING THE INTERSECTION OF THE EAST LINE OF STATE HIGHWAY NO. 5; (AUBURN WAY NORTH), AND THE SOUTH LINE OF 287H STREET NORTHEAST; THENCE NORTH 88'5448' EAST, ALONG SAID SOUTH UNE A DISTANCE OF 173 FEET; THENCE SOUTH 0S8'29' EAST, PARALLEL WITH THE WEST LINE OF SAID D.C. NO. 37, A DISTANCE OF 359.9 fEET; THENCE SOUTH 8834'48' WEST PARALLEL WITH THE SOUTH LINE OF SAID 28TH STREET NORTHEAST, A DISTANCE OF 173 FEET, TO THE EAST LINE OF SAID STATE HIGHWAY NO. 5; THENCE NORTH 0'58'29" WEST, ALONG SAID EAST LINE, 'A DISTANCE OF 359.9 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Storm Water Easement and Maintenance Agreement Page 5 of 8 ' STORMWATER POIUTMN'P'RANTION PLAN ~t Sound of Auburn SNPA # SNP 01-0035 GRA # GRA 01-0029 Site Address: C-3, The project is located in Section 6, Township 21 North, Range S. East, C"11 W.M. at 2712 Auburn Way North. The Tax Parcel # 000100-0038 0 Introductions r-- o This storm drainage technical information report has been prepared to address the City of Auburn's site development and storm drainage N requirements for the proposed sound of Auburn Auto Sales Lot located at G 2712 Auburn Way North. The site has an area of approximately 1.42 acres ~ cv and is currently developed with an existing mobile office and gravel car sales lot. The subject site will propose an automotive sales lot with landscaping and asphalt parking. The subject site is mostly flat with a small gradient from the southeast to the northwest of the site. The storm water runoff collected on-site is absorbed into the existing soils and / or sheet flows into Auburn Way North and 28t° Street NE. 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 in the northeast corner of the site. Here the storm water will be released into a proposed 12" storm drainage line that will connect into an existing catch basin in 28th 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 the use of motorized vehicles. Attached to this narrative is a maintenance / inspection instructions and checklist which offers guidelines to the owner for storm water facility maintenance. Notes The site will not allow the use of any ` soaps" to wash cars on- site. The owner may be allowed to ONLY rinse off the cars with clean water. Storm Water Easement and Maintenance Agreement Page 6 of 8 t . V w. 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) * Department of Ecology Storm Water Manual, February 1992. Treatment B%PIS The facility will be inspected a minimum of 2 times per year or as directed in the inspection / Maintenance Instructions. 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 Instructions 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 asphalt 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 / wet pond _d- must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wet pond side slopes 0 o become eroded over 2 inches deep, stabilize by using appropriate erosion o control measures (e.g., rock reinforcement, planting of grass, compaction). Catch Basins shall be cleaned when sump is 1/31.full of sediment or o debris. c1`4 Person of Responsibility: •o N JOHN AND JAMES ROTTLE 226 E. MAIN 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 cra a 0 V- 0 cv G a N INSPECTION/MAINTENANCE CHECKLIST STRUCTURE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Storm Detention Inspection Wet Pond Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done 4^ " AWms/bd File: 2.1, 4.1 REF. GRA01-0029 (STM WAT EASE & MAINT AGREE)\E01-1676 Storm Water Easement and Maintenance Agreement Page 9 of 9