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Home My WebLink About20000919000507 STORM EASEMENT 091900V fi i' Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 2000091 0 9 00,507 PACIFIC NU TIT EAS 17.00 PAGE 001 OF 010 09/19/2000 ilies KING COUNTY, WA for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC0038-99 and GRA0039-99) Reference'# (if'applicable): N/A Additional on page: Grantor/Borrower: 1) SFP-B Limited Partnerhsip 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/4, 06-21-05 Additional on page: Jc~ Assessor's Tax Parcel ID#: 000100-0025 C= TAJ417- THIS VA EMENT AND AGREEMENT made and entered into this day of Q , $A-Aooe, by and between the City of Auburn, a municipal corporation of C=l King Co ty, Washington, hereinafter referred to as "CITY" and SFP-B Limited o. Partnership,an Oregon limited partnership, located at P O Box 667, Prineville, OR 97754, `11' 541.416.5136, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 2604 Auburn Way North, 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 10 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 u1- repairs. c=1 Q NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED C=j THE PARTIES AGREE AS FOLLOWS: said dooumerit(s) we+r filed for vl~ wwd by Pacific Northw"t Title as awwwnodatlon orgy. R has net baaa Section 1, EASEMENT examined os to proper axWWW K Cn as to Ib effed upon we. PROPERTY OWNER hereby provides an easement over, under and on that portion of the C=,~ property as showing on the approved Record Drawings revised pursuant to construction records ~ for the City of Auburn under Permit Nos. FA00038-99 and GRA0039-99, 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,,11EIRS, 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 10 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 _ Owner Date Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 10 STATE OF OREGON )ss. County of Crook ) C=31 LO 0 0 rn c+ c-~ I certify that I know or have satisfactory evidence that t r 0~ L f'q NV and is/are the person(s) who app ed before 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 instrument. Dated 19- - O U residing at My appointment expires l- 3 t- O g STATE OF WASHINGTON )ss. County of King ) I certify that I know or have satisfactory evidence that M. E n,7 IE, 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 purposes mentioned in this instrument. Dated -0/; to oa OAI_ o I~i . o NOTAR), m : ` 1i pt/ Uc i 1~~~~~\WAS~c1r DM/bd 'i~~ 7 otary 164'Td for the St o ngton r siding at y appointment expires ! //q Z a3 REF. H:TACTAC3894\E00-716 AND GRA99-0039 (STM WAT EASE & MAINT AGRMNT Storm Water Easement and Maintenance Agreement Page 4 of 10 EXHIBIT `A' REVISED LOT A of LOT LINE ADJUSTMENT Tax Lot No. 000100-0025 Tax Lot No. 000100-0026.& Tax Lot 000100-0116 COMBINED TOGETHER INTO ONE PARCEL All that certain real property situate in the City of Auburn, King County, State of Washington, being a portion of the William Brannan Donation Land Claim No. 37 (D.L.C. No. 37), in the Southeast Quarter of the Southwest Quarter of Section 6, Township 21 North, Range 5 East, Willamette Meridian; described as follows: Commencing at the Northwest corner of said D.L.C. No. 37; Thence,. along the centerline of Auburn Way North (State Highway No. 5) and the Northerly projection thereof, South 00°42'51" West 1340.20 feet; Thence, North 89°07'20" West 35.00 feet, to the intersection of the East Right-of-Way line of Auburn Way North as described in Deed to City of Auburn recorded under King County Recording No. 95012711-12'and'Recording No.. 9503290202, with the North Right-of-Way line of 26" Street N.E., being the TRUE POINT OF BEGINNING of the herein-described parcel of land; THENCE, along said East Right-of-Way line, parallel with and 35.00 feet East from the centerline of Auburn Way North, North 00°42'51" East 190.00 feet, to the North line of that certain parcel of land described in Deed and recorded under King County Recording No. 721.0060500; THENCE, along said North line, South 89°07'20" East 392.00 feet, to the West line of Lot 2 of Auburn Short Plat No. SPL-0010-97, recorded under King County Recording No. 9711190806; THENCE, along the West line of said Lot 2, North 00042'55" East 4.42 feet, to the Northwest Corner of said Lot 2; THENCE, along the North line of said Lot 2, North 86°27'21" East 63.17 feet, to the West line of Tract "X" of Auburn Short Plat No. SPL-0010-97 (being also the West Right-of-Way line of "I" Street N.E.); THENCE, along the boundaries of said Tract "X", parallel with and 30.00 feet West o. from the centerline of "1" Street N.E., South 00°43'53" West 139.21 feet; ° THENCE, Southwesterly 47.20 feet, along the arc of a 30.00-foot radius curve, concave to the Northwest, through a central angle of 90°08'47"; P THENCE, North 89°07'20" West 32.88 feet, to the Southwest corner of said Lot 2, 0 and the Northwest corner of Tract "X"; THENCE; South 00°42'55" West 30.00 feet, to the North Right-of-Way line of 26"' Street N.E.; CM THENCE, along said North Right-of-Way line., parallel with and 30.00 feet North from the South Right-of-Way line of 26"' Street N.E., North 89°07'20" West 392.00 feet, °V to the True Point of Beginning. End of Description Prepared by: BARGHAUSEN CONSULTING ENGINEERS, Inc. Job No. 6041 Jan. 7, 1999 Storm Water Easement and Maintenance Agreement Page 5 of 10 - - ' - - - .1. AUBURN WAY K W S 00'12'51' M 1340.20' - N - NW42 5f E Ll. O O Cn CTS 0 Cz 0 0 N I 30' I I N I I --I M M m 190.00' , , , . o , , , REVISED ; LOT A 9 1.94658: f Acror v , u 'r ,0 ~ -1 3 'z ' 8 , ;m M Tax Lot No. ;-4 Tau - Lot No. 000100-0025 O 000100-0026 ;m , ,r .Z 'O , 1~' - - - ✓ 1 ' M~ S WRO ? 4-v-N E 8oai. t•.d0' NW42 55'E / 4.41' 1 TAX LOT No. 1 000100-0116 v R-!am' • iRIi10~ 139.11' '1' _STREET_ N.E. AaC7055T TRACT ' X' ~I 3 14 w 0 Storm Water Easement and Maintenance Agreement Page 6 of 10 EXHIBIT `B' Les Schwab Tire Center 2604 Auburn Way N. Auburn, Washington FAC No. 0038-99 Stormwater Pollution Prevention Plan Cam. 4z CJI Q Cz Q CV Ra- EXPIRE F%i/ O/ Consulting Engineers 1201 Third Avenue, Suite 900 Seattle, WA 98101 KPFF Project No. 98375.20 May 25, 2000 Storm Water Easement and Maintenance Agreement Page 7 of 10 c~ Lry 0 0 0 rn r-- 0 0 0 0 N Les Schwab Tire Center Auburn, Washington SITE LOCATION KPFF Consulting Engineers Stormwater Pollution Prevention Plan The project is located in Section 6, Township 21 North, Range 5 East, W.M., in the northeast corner of the intersection of Auburn Way N. and 26th Street NE in the City of Auburn. The site address is 2604 Auburn Way N. The tax parcel numbers are 000100-0026, 000100-0025, and 000100-0116. INTRODUCTION The project site is located along 26th Avenue NE in the City of Auburn (see Vicinity Map). The project involves the construction of a 17,000-square foot Les Schwab Tire Center on a 1.70- acre site. The entire property will be developed, 75 percent of which will be an impervious surface (building or parking lot), and the remainder will be landscaped and drainage facilities. Catch basins and storm drainage pipes will convey the storm runoff through a biofiltration swale and detention facility before discharging to the City of Auburn storm drain system. The existing site is undeveloped, consisting of pasture land. Drainage ditches are located around the perimeter of the site that collect the site runoff and portions of the off-site runoff. The runoff is collected into the City's piped storm drainage system and eventually drains north into the Green River. According to the geotechnical engineering report prepared for the project, the soil conditions are a surficial silt layer underlain by a granular fine sand layer. PLAN GOAL The goal of this plan is to treat all on-site runoff for water quality by directing flows through a bioswale before detaining and discharging to the City system. All treatment and detention requirements meet the current City of Auburn drainage codes. PREVENTATIVE BMPs Activities that involve pollutants shall be done under covered areas where the floor drains direct flow through an oil/water separator before discharging to the sanitary sewer system. The parking lot shall be swept, as necessary, to remove debris. TREATMENT BMPs The on-site biofiltration swale has been designed to convey and treat runoff for conventional pollutants. The 6-month storm event is used to design the bioswale for water quality treatment. INSPECTION Inspect bioswales, detention tanks, catch basins, and control structures at least twice a year, especially after periods of heavy runoff. Maintenance records must be kept for 5 years and available for City inspector review. Storm Water Easement and Maintenance Agreement Page 8 of 10 ,'k Les Schwab Tire Center Auburn, Washington KPFF Consulting Engineers Stormwater Pollution Prevention Plan MAINTENANCE Bioswales will not work properly unless they are maintained. During the summer months, the swales must be mowed, as necessary, to maintain a grass length of approximately 6 inches. Removal of any sediment 6 inches deep or covering vegetation is also necessary. Remove sediments, fertilize, and reseed, as necessary. Be careful to avoid introducing fertilizer to receiving water or groundwater. Maintain catch basins and detention tanks by removing sediment when sediment depth reaches 10 percent of the total storage area. At a minimum, vacuum sumps of catch basins and control structures once a year. PERSON OF RESPONSIBILITY Greg McDonald LS Construction Company P.O. Box 667 Prineville, OR 97754 Engineer preparing the plan: Mark Steepy KPFF Consulting Engineers 1201 Third Avenue, Suite 900 Seattle, WA 98101 PLAN AND/OR INFORMATION UPDATES The City of Auburn Utilities Section is to review and approve any changes to this Stormwater a= Pollution Prevention Plan,prior to changes in its implementation. Additionally, any changes in a ownership or person of responsibility are to be reported to the City Utilities Section. cn 0 0 0 0 N Storm Water Easement and Maintenance Agreement Page 9 of 10 tl~ C. aI OZJ Oa CZ) ,Q .q Les Schwab Tire Center Auburn, Washington KPFF Consulting Engineers Stormwater Pollution Prevention Plan INSPECTION/MAINTENANCE CHECKLIST Structure Date of Inspection/Maintenance Control Structure No. 1 Inspection Result Maintenance Done Manhole No. 2 Inspection Result . Maintenance Done Manhole No. 3 Inspection Result Maintenance Done Diversion` Structure No.4 i Inspection Result `Maintenance Done Catch Basin No. 5 Inspection Result Maintenance Done Catch. Basin No; 6.' Inspection Result MaintenanceMone • Catch Basin No. 7 Inspection Result Maintenance Done Catch Basin No: 8 - Inspection Result Maintenance Done. Catch Basin No. 9 Inspection Result Maintenance Done Biosw6le Inspection Result,. Maintenance Done ; DM/bd REF. H:\FAC\FAC3894\E00-716 AND GRA99-0039 (STM WAT EASE & MAINT AGRMNT Storm Water Easement and Maintenance Agreement Page 10 of 10