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HomeMy WebLinkAbout20010425001433 STORM EASEMENT 042501.4 C.-%. C "I. C=S ►L7 C'V d Return Address: City of Auburn City Clerk JUN 3 200, 25 West Main C; v)" OF A. Auburn, WA 98001 C.", EXCISE TAX NOT REQUIRED Kng uMy Records Division .Deputy PACIFIC NW TIT EAS PAGE 801 OF NO 84/25/2881 11:55 KING COUNTY, WA 11111111111 1433 16.00 Above this line.reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA000-0020, BLD00-0111, BLD00-0112 & GRA99-0036) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Humphrey Industries, LTD 2) Additional on page: Grantee/Assignee/Beneficiary. City of Auburn Legal Description/STR: NW 13-21.04E Additional on page: Assessor's Tax Parcel ID#: 446340-0280 446340-0290 'A 1(V T` 6v-5`f - ~ THIS EASEMENT AND AGREEMENT made and entered into this day of c°v 20pL, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Humphrey Industries, LTD, located at 899 West Main Street, 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 201 Clay Street NW 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 SM aic mmm4(s) wwr- Ned for Word by Pscdllc Nwhsrest Title as Storm Water Easement and Maintenance Agreement Page I of 9 swsaissd M 10 WOPW OXW&Aftler K • to ft ~ srl w.. 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 1, EASEMENT Cri Q 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 Nos. FA000-0020, BLD00-0111 & BLD00-0112, which cl-i 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 o incorporated herein by this reference, and shall be. of benefit to the City storm utility system. N 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 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 Vdatei.aseriient and Maintenance ;Agreement Page 2 0 9~ r;- ~s". + w+ 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. C, C" C= 3.r1 cv CD 0 cv CITY OF AUBURN :DIRECTOR OF PUBLIC WO -{1 ©I Owne Date Owner STATE OF WASHINGTON) )ss. County of King } Date I certify that I know or have satisfactory evidence that l:.h1/'l.` . is the person who appeared before me, and said person acknowledged that he Zed 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 art of such party for the uses and purposes mentioned in this instrument. Dated 141100tD 1 M lk%"% i ~ r1UTARV S',i ; U K- L140 r) PUgUC S Notary Publ' i and for the tate of Washington 2 s residing at ~--0 ~tlkWAa- My appointment expires d Storm Water Easement and Maintenance Agreement Page 3 of 9 , STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that ar- ve!~ F. ou--u hP e - is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the BE 957 s \ W of t4 u ev% 1) e e `-'-N ~;,~✓~~cs.1r~, a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Lf /it lD I M =P~ l.. BgOj~~ ':sSioN.• , Q off 90faAr ,p : < ~ . cam' • , . : U cc ' PtlBLIC " C14 r TA 1b. 1 0 , t~~~FWASN~N 0 a N ( ~,F-4A~ I - ry~3 -4& - Notary Public in and for the State of Washi gton residing at °--P c.R.n en On, My appointment expires c t AWms/bd File: 2.1, 4.1 REF. FAC00-0020 (STM WAT EASE & MAINT AGREE)\E01-610, BLD00-0111 (STM WAT EASE & MAINT AGREE)\E01-610, BLD00-0112 (STM WAT EASE & MAINT AGREE)\E01-610, GRA99-0036 (STM WAT EASE & MAINT AGREE)\E01-610 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT `A' LEGAL DESCRIPTION r PARCEL 'A THAT PORTO OF LOTS 4 AND 5, BLOCK D, LUNN'S GARDEN TRACTS TO AUBURN ACCORDING TO THE PUTT THEREOF, RECORDED IN VOLUME '0 OF PUTS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING WITH THOSE CERTAIN DEEDS FILED UNDER RECORDING NUMBERS 7109100527 AND $107230682. SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS;.. BEGINl"G AT AN INTERSECTION WITH THE SOUTH LINE OF SAID tOT 5 AND THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN THE WIDTH FROM CENTERLINE OF SAID STREET; THENCE ALONG SAID WEST *AR9IN-NORTF4.0DM'04'"EAST.-138:82 FEET TO THE -TRUE POIMT.ZE » . . BEGINNING; THENCE NORTH 8933'56" WEST, 279.72 FEET TO THE WEST LINE OF SAID LOTS 4 AND 5; THENCE ALONG SAID WEST LINE NORTH 0006'04" EAST, 17177 FEET TO THE NORTH LINE OF SAID LOT 4; THENCE ALONG THE NORTH LINE OF SAID LOT SOUTH 8719'16" EAST, 280.01 FEET TO THE WEST MARGIN OF SAID CLAY STREET NORTH*EST; THENCE ALONG MARGIN SOUTH 00'06'04" WEST, 161.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C., C. THAT PORTION OF LOT 5, BLOCK D, LUNN'S GARDEN TRACTS TO AUBURN ACCORDING TO THE PUT THEREOF, RECORDED IN VOLUME 10 OF PLATS, „ PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPT THE EAST 10 FEET IN WIDTH THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES, ACCORDING 1MTH THOSE CERTAIN DEED d- nLED UNDER RECORDING NUMBERS 7109100527 AND 8107230682. ° SAID PORTION BEING MORE PARTICULARLY DESCRIBED FOLLOWS: r- BEGINNING AT AN INTERSECTION NTH THE SOUTH LINE OF SAID LOT 5 AND THE WEST MARGIN OF CLAY STREET NORTHWEST, BEING 30.00 FEET IN WIDTH FROM CENTERLINE OF SAID STREET; THENCE ALONG SAID WEST MARGIN. NORTH OM'D4' EAST, 138.82 FEET; THENCE NORTH 89'53'56' WEST, 279.72 FEET TO THE WEST LINE OF SAID LOT 5; THENCE ALONG SAID WEST LINE SOUTH OM'04' WEST, 126.23 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE ALONG THE SOUTH LINE' OF SAID LOT 5 SOUTH 8719'16' EAST, 280.01 FEET TO THE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page of 9 1 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN for Clay Street Development Phase II 201 Clay Street N.W. Auburn, WA SEPA # SEP 0044-99 GRA # GRA 0036-99 c+n Parcel # 446340-0280 , 446340-0290 ,'446340-0291 Introduction: 0 o The Clay Street Development Phase II will share a common storm drainage system comprised of a combination detention/wet pond. Both buildings c~ will be regarded as one entity with only one Stormwater Pollution Prevention Plan. CZ Building "A" is 19,138 sf and Building "B" is 17,309 sf and are both o located at 201 Clay Street N.W. The total site area is 1.91 acres for N both buildings. The total impervious area of the site is approximately 1.56 acres. The existing storm drainage system directs surface water runoff via sheet flow from the roof and gravel drive areas of the existing residence and from the undeveloped open areas to the surrounding soils to.-the rear of the parcel. No connection to a tightlined public conveyance system has been observed. The developed storm drainage runoff is conveyed to the stormwater detention/ wet pond. Stormwater runoff is then routed to the flow control structure. Stormwater is then discharged to the west and connect to the public conveyance system located in Western Avenue. 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. 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) * The BMP 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. Storm Water Easement and Maintenance Agreement Page 6 of 9 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: Humphrey Industries, LTD 899 West Main Street Auburn, WA 98002 Ph # (206) 715-1446 (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) c •'7 ar- tti. U-) K3 c~ O C"~j Storm Water Easement and Maintenance Agreement Page 7 of 9 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 c11+ the removal of trash and debris from the drainage system. The parking lots . M and driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections for damages. 0 ° To ensure proper water quality and treatment, the detention/ wet pond must be .n properly maintained. Be careful to avoid introducing landscape fertilizer to cv receiving waters or groundwater. If wet pond side slopes become eroded over 2 ~ o inches deep, stabilize by using appropriate erosion control measures (e. g•, rock reinforcement, planting of grass, compaction). 0 o Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. sv Storm Water Easement and Maintenance Agreement Page 8 of 9 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 CV11 a 0 0 c 0 AWms/bd File: 2.1, 4.1 REF. FACO0-0020 (STM WAT EASE & MAINT AGREE)\E01-610, BLD00-01 I I (STM WAT EASE & MAINT AGREE)\E01-610, BLD00-0112 (STM WAT EASE & MAINT AGREE)T01-610, GRA99-0036 (STM WAT EASE & MAINT AGREE)\E01-610 Storm Water Easement and Maintenance Agreement Page 9 of 9