The URL can be used to link to this page

Home My WebLink About20000301000859 STORM EASEMENT 030100Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20000301000859 PACIFIC NW TIT AG 23.00 PAGE 001 OF 008 03/01/2000 12:09 KING COUNTY, WA Above this line reserved for recording information: STORM WATER EASEMENT AND MAINTENANCE AGREEM T (FA00017-98) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Scarff Motors, Inc. 2) Additional on page: rn. L .n. Grantee/Assignee/Beneficiary: City of Auburn cn C=_ Legal Description/STR: NW 'A 18-21-5 Additional on page: . ca C= Assessor's Tax Parcel ID#: 605340-0195 and 605340-0170 r-- clr> es THIS EASEMENT AND AGREEMENT made and entered into this P~'T-l day of C= bw 19 , by and between the City of Auburn, a municipal corporation of ° o King County, Washington, hereinafter referred to as "CITY" and Scarff Motors, Inc., a c~ Washingto corporation, located at 501 Auburn Way N., 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 107 7`h St. 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 storni 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 runip, * . ft, l~and,a, td burong upon all heirs, successors and assigns of both parties; and rec.rc by Paci is .4crihwvnt Tide as ornexias ion oniv. It mA been rx:'ire:^c:d nrrnur oxocuson or Storm Water Easement and Maintenance Agreement as to its r:f,~ t upon iitis. Page I of 8 EXCISE TAX NOTd Ra CS IRED Ing' eplAy 1% 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 CD repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: 0 o Section 1, EASEMENT N 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. FA00017-98, 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. C" Ln GC? C= Cf M O C:) cm cm CITY OF AUBURN DIRECTOR OF PUBLIC WO S Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 8 4. STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Wau`CX'A ' SCOCW is the person who appeared before me, and said perso acknowledged that he/she signed °O this instrument, on oath stated that he/she was authorized to execute the instrument and o acknowledged it as the of o , a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. o Dated c( - qq M C=D vo Notary Public in aAd for the State of Washington 12-0 • residing at P i e C nui-vtrk *k4 n►►..? *V My appointment expires l a - -a ors t STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that ( y I e, 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 f42' 1111e1ee11/1~ ~ NE F. / t ~ ,,,o % S\CN Notary Public ' and for to State o Washington " J:0 o NpTARY cn i v residing at. g - - -:Z= My appointment expires « 2 0 y ~Nj;%~p PugtlC moo. % 1 111111110 WW/bd REF. H:\FAC\FAC1785\E98=918 Storm Water Easement and Maintenance Agreement Page 4 of 8 EXHIBIT "A" LEGAL DESCRIPTION LOT "A" OF CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-0026-90, AS RECORDED UNDER RECORDING NUMBER 9008061561, RECORDS OF KING COUNTY, WASHINGTON. SITUATED IN THE NW 'A OF THE NW/, OF SECTION 18, T 21 N, R 5 E, W.M. PARCEL NO. 605340-0195. LOTS I AND 2 OF CITY OF AUBURN SHORT PLAT NUMBER SPL0014-90, AS RECORDED UNDER RECORDING NUMBER 9303231052, RECORDS OF KING COUNTY, WASHINGTON. SITUATED IN THE NW OF THE NW '/4 OF SECTION 18, T 21 N, R 5 E, W.M. rn Ln oa 0 0 rn, O CD Cf C'V Storm Water Easement and Maintenance Agreement Page 5 of 8 F EXHIBIT "B" (Z"t cx= : c~ c~ r- 0 M O em. co cS. N STO A ER POLLUTION PREVENTION PLAN for SCARFF FORD/ISUZU 107 7th St N.S. Auburn, WA SEPA # SEP-0044-97 PAC # SAC 0017-98 GRA # GRA 0018-97 BLD # BLD 0328-98 Parcel #'s 605340-0195-00,.605340-0163-06 Introduction: The scarff Ford/Isuzu Develcpment Building will have a storm drainage system comprised of an open to air storm drainage detention pond with a water quality biofiltraticn Swale. The proposed Building is 9,200 sL and is located at 701 7th St. N.E. Auburn, Washington. The total site area is 4.59 acres. The total impervious area of the site is approximately 1.30 acres. The existina storm drainage system directs surface water runoff via sheet flow from the undeveloped open fields to the surrounding soils and eventually to the existing catch basins within "A" Street S.E. No connection to a tightlined public conveyance system has been observed. The developed storm drainage runoff is conveyed to the storm water open detention pond system via tightline. Stormwater runof: is then routed through the flow control structure (attached to the concrete retaining wall inside pond) to the biofilcration swale. After bioswale treatment, stormwater is discharged to the public conveyance system located at the northwest corner of the site within "A" St. N.E. Right-6f-Way. 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. Preventative 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 1-206-649-700. " BMP RO.05 Spill Control (sc-type) Oil/ water Separator • BMP RB.11 Detention Pond (open to air) 3MP RB.os 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 o_° 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: SCARFF MOTORS 501 AUBURN WAY N. Auburn, WA 98002 Fn # (253) 833-1500 (Changes to ownership shall be reported [o the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 6 of 8 t inspection: Maintenance: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fail. 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 inciuae 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 inapections for damages.. To ensure proper water quality and treatment, the detention pond and the bioswale: must be properly maintained. During susuaer months the grasses must be mowed regularly, maintaining a grass length of approximately 3 inches zo 6 inches, with prompt removal and proper disposal of grass clippings and trash cr debris. Removal of any sediment 6 inches deep or covering vegetation is also necessary within the biofiltraticn swale. Remove sediments, fertilize, and reseed as necessary. °e careful to avoid introducing fertilizer to receiving waters or groundwater. If pond side slopes become eroded over 2 rn inches deep, stabilize by using appropriate erosion control measures (e.g._, LS.1 rock reinforcement, planting of grass, compaction) CO CD Catch Basins shall be cleaned when sumo is 1/3' full of sediment or debris. 0 0 r-- C= Cn. L7 o, Cs cn Storm Water Easement and Maintenance Agreement Page 7 of 9 i INSPECTION / MAINTENANCE CHECKLIST cn: C~^ CP O~ m~ C= C] O Cd C~Q STRUCTURE Results/ Date Comments Maintenance ALL CATCH BASINS Inspection Results Maintenance Done STORM DRAINAGE Inspection POND WALLS & SIDS Results SLOPES Maintenance Done DETENTION RISER Inspection PIPE WITHIN Results POND Maintenance Done PLOW CONTROL Inspection STRUCTURE Results Maintenance Done HIOSWALE Inspection Results Maintenance Done WW/bd REF. H:\FAC\FAC1785\E98-918 S Storm Water Easement and Maintenance Agreement Page 8 of 8