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Home My WebLink About20010123002051 STORM EASEMENT 012301Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20010123002051 PACIFIC NW PAGE 001 OF 008 KING COUNTY18WAZ Above this line reserved for,,,rdcording information. STORM' WATER EASEMENT AND MAINTENANCE AGREEMENT Reference # (if applicable); Grantor/Borrower: (NA(:UUJI-` 9 ana 1)•Chuck-Klein,and'Doria Klein, husband and wife Additional on page: CI'S O C:) C*'S C"J. C=:) C' A Grantee/Assignee/Beneficiary: City of Auburn Legal DescriptioniSTR: SE'/, 12-21-05 Assessor's Tax Parcel ID#: 192105-9249 Additional on page: 2) Additional on page: Z*-~ q//& -PAJkl T' W-- 000-T--/2- THIS EASEMENT AND AGREEMENT made and entered into this Wday of o&el (Td , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Chuck Klein and Doria Klein, husband and wife, located at 328 37"' St. NW, Auburn, WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 1344 17`h St. SE, 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 EXCISE TAX. NOT REQUIRED s Div'„ n Q Deputy R 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: ir- Sold downw*(*) were fl" for C rem by, Pacific. Northwest TNN. se c,,, Section 1, EASEMENT som,wwdadon a+iy. K has net bean o wu mkwd = b proper exacw6m er C:D cr-r PROPERTY OWNER hereby provides an easseemenntt ovvear, under and on that portion of the ev property as showing on the approved Record Drawings revised pursuant to construction records o for the City of Auburn under Permit No(s). FA00031-99 and BLD0406-99, which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall be a e-. o 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 a 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. 5~1 - '1-2 /-Z 7/-V O~A/~ " / 4~t Owner Date Ztv- 9. VC4-~ -~7 Owner Date Q clrL cm G7 CTZ C1a Q CITY OF AUBURN U"~A~ DIRECTOR OF PUBLIC WORKS Storm Water Easement and Maintenance Agreement Wage 3 of 9 IL STATE OF WASHINGTON )ss. County of King ) I certify that I know or have satisfactory evidence t t a e)fb 9Q$J and O e1 A 1C-4,-)0J are the persons who appeared before me, and said individuals acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this inslrma t. Dated / Z /~-Z /e' R- LC7 o. ems- CM 0 GP7 N 0 0 0 N STATE OF WASHINGTON )ss. County of King ) residing at 1'F4 1AJA My appointment expires the State of Washington I certify that I know or have satisfactory evidence that CND (S+ ( nog, M . E N g 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 I J& ~a I II 44; I • v NOTAR, r m < Cn ~l PUBLIC s C~-- WASW4' DM/bd Public in and for the at FcA"4 co My appointment expires i I REF. FAC99-0031 (STM WAT EASE & MAINT AGREE)\E00-1487 Storm Water Easement and Maintenance Agreement Page 4 of 9 A EXHIBIT `A' Lot A W =that portion of Lot 2, city of Auburn Short Plat No. SP-21-79 as recorded under recording No. 6001150343 records of King County, Washington lying Westerly of a line described as follows: Commencing at the Southeast corner of aforesaid Lot 2: Thence S 690 36' 35" W, along the South line of said Lot 2, a distance of 510.00 feet to the true point of beginning of this line description; Thence N 000 04' 14" a distance of 253.40 feet to the South margin of 17th St. N.E. and the terminus of this line description. Subject to easements, exceptions and reservations of record. Ln c+ CI-J cm cv 0 cm O N Storm Water Easement and Maintenance Agreement Page 5 of 9 a 'r- LO Q C-4 0 Cn CV O O C N ~ 4/.40 Ol7N . ®s z T• QL _ op r ~ I l P j A vn S N 10 ~ ip VJ a ~ ~ • ~ 3 vJ m l ~ ~ n ! Pb'ESZ 1 o ~ ' ~ • • .ooir M ~ N ~ 7 V. I V le i fJVTI M ~ ,001 ••i :3 43 v Storm Water Easement and Maintenance Page 6 of 9 EXHIBIT `B' Stormwater Pollution Prevention Plan for C.K. AUTO SALES LOT Auburn, WA BLD-0406-99 FAC-0031-99 Site Address: The site is address is: 1344 - 17'h Ave South, Aubunt, RA 98001 The project is located in the SE c; of Section 19, TWP 21X RGE jE, W11. The tax parcel number is: 192105-9249 Introduction: An approximate 1.9 acre site is to be developed as a auto sales and service center. The project will include construction of a 3,100 sf sales and showroom, and a separate 3,250 sf service shop for reconditioning and detail of the vehicles prior to sale. The service shop is intended only for the vehicles to be sold on the lot. The remaining site will be paved and used for outdoor vehicle sales and storage. There will be designated parking stalls for 26 vehicles C16 Q 0 Cr> cv 0 0 rv utility improvements include installation of a storm armnage collection, biofrltration and retention system; extension of a 8-inch water main with fire hydrant, and installation of a private sanitary sewer service including a oit water separator for the shop floor &uins Plan Goal The goal of the plant is to treat all of the on-site ,runoff for water quality by directing flaws through a detention system prior to controlled discharge to a bioswale and the release to the infiltration system. The detention facility is designed to retain runoff volumes up to the 100-year storm event with controlled release to the infiltration system. The bioswale will treat runoff for the specified 64% of the 2y ,'24hr storm event. A 'flaw splitter" manhole will route flows in excess of this flow around the bioswale. Preventative BNIP's Best Management Practices for the site include the regular inspection and maintenance of the drainage facilities as follows: catch basins and other &ainage structures shall have stenciled next to them "DUMP NO TASTE - DRAINS TO SIRE L11" on the pavement • catch basins and all other drainage facilities visually inspected for obstructions, &=qge or other signs of potential failure. • parking lots routinely swept clean and maintained • residents prohibited from changing oil, antifreeze, eta, in parking lots. • proper maintenance of lmtdscaping and bioswale. Storm Water Easement and Maintenance Agreement Page 7 of 9 Treatment BMP'S: A biofiltration swale has been designed into the storm drainage facilities to convey and treat runoff for conventional pollutants • A biofiltration swale was designed to function with a grass height of Q approximately 1-718" at design flow. The Swale should not be mowed to a cv height of less than 1-112 o • The grass in the Swale should be full and healthy, with any dead patches removed and repaired c~ • Remove sediment build-up of more than one inch from the Swale. • Remove grass clipping, trash or arty other debris from the swale. a • Catch basins shall be cleaned when sump is 2.13 full of sediment or debris. o° Inspection: 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. All maintenance records should be .saved for five years and be available for review by the City. Additional inspections may be-required after severe seasonal storms Maintenance Routine maintenance of the site will include mowing care of landscaping and the removal of trash and debris from the drainage system. The grass should be mowed regularly to maintain a grass height of approximately 1-112 to 2 inches 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 Person of Responsibility: Engineering Plan Prepared By: Chuck Klien, C-K Auto Sales 328 37th St NW Auburn, WA 98001 ph 253-351-2995 Andy J. Rykels, P Rykels Engineering Group, Inc. 28301-183rd Ave SE Kent, WA 98042 Ph 253-631-6598 Plan Updates The City of Auburn 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. 7. Storm Water Easement and Maintenance Agreement Page 8 of 9 2001 012 3002051 ~ w can o Cn w N fD w a a. w 0 CD CD R co 'J 7d n 0 0 W Cz a h a to a a C) 9 tri 0 0 00 d tom. INSPECTION AND MAINTENANCE CHECKLIST C.K. AUTO SALES LOT Auburn, WA Date of Inspection/Maintenance Comments Structure Date FLOW SPUTTER CB# 1 Inspection Results Maintenance Done CONTROL CB#2 I g-dion Results Maintenances NOW CB#3 lnapectian Results Maintenance Done CB#4 Inspection Results Maintenance Dom CB#S Inspection Results Maintenance Dona CB#6 fttgWian Results Maintenance Done CB#1-1 Inspection Results Maintenance Done CB#I-2 Inspection Results. Maintenance Dune Bloftltratlon Swale Inspection Results Maintename t)otu