HomeMy WebLinkAbout20020913002190 STORM EASEMENT 0913024313
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
020 190
PACIFIC NW TIT EAS 2x.00
PAGE 001 OF 010
09/13/2002 15:10
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
Reference # (if'applicable): N/A
AUUZ-UVU4
Additional on page:
Grantor/Borrower: 1) City of Auburn Parks Department 2)
' o Ia,ci!) Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn -Phf 1AT
Legal Description/STR: NE V4, 18-21-05E jb55 -(Additional on page:
Assessor's Tax Parcel ID#: 182105-9109 w
THIS EASEMENT AND AGREEMENT made and entered into this] day of
4U 4 4. Sf" , 20 0 z; by and between the City of Auburn, a municipal corporation of
:King ounty, Washington, hereinafter referred to as "CITY" and City of Auburn Parks
Department, located at 25 W. Main St., 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 1346 81h St. E 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 8211d doeume"s) were filed for
record by Pacific Northwest Title as
accommodation only. it has not 60,x
Storm Water Easement and Maintenance Agreement in as to proper execution cw
Page 1 of 10 as to its affect upon tWe.
WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors
G and assigns of both parties as to the existence of this easement and agreement; and
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WHEREAS, an easement is needed to bring in maintenance equipment; and
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C 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.
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NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
THE PARTIES AGREE AS FOLLOWS:
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CD Section 1, EASEMENT
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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. FAC02-0004, 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 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 LIC W KS
Owner Date
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Owner
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Storm Water Easement and Maintenance Agreement
Page 3 of 10
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that 21/
is the person who appeared before me, and said person acknowle ged that he signed this
C..) instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
(Z) as the Parks & Recreation Director of THE CITY OF AUBURN to be the free and voluntary
act of su party for the uses and purposes mentioned in this instrument.
Dated Z'Z 7~Z
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P ?oCHA"R 1t11 O
~-~..\5g~orv F,~A~ ~p Notary Public in d f the State of Washington
Q D CAGY 90.2 0I residing at
o a N: i My appointment expires 1 (Ct 0
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lot A
Storm Water Easement and Maintenance Agreement
Page 4 of 10
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that -UBt,..)V7 '
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 th IRF.CTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and
V0 tary act of sue party for the uses and purposes mentioned in this instrument.
D ed 5;-/g a
O NpTgRy Notary Public in d or the State of Washington
: v residing at
My appointment expires !
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File: 2.1, 4.1
REF. FAC02-0004 (STM WAT EASE & MAINT AGRMNT)1E02-957
Storm Water Easement and Maintenance Agreement
Page 5 of 10
EXHIBIT `A'
LEGAL. DESCRIPTION:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE NORTHEAST 44JARTER OF
THE NORTHEAST. QUARTER (N.E. 1/4 OF N.E. 1/4 ) OF SECTION EIGHTEEN (18) TOWNSHIP
TWENTY-ONE (21) NORTH OF RANGE FIVE (5) EAST, W. M., PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE NORTHEAST CORNER.OF SAID
SECTION EIGHTEEN (18), TOWNSHIP TWENTY-ONE (21) NORTH. OF RANGE FIVE (5) EAST
W.M., RUNNING THENCE NORTH 89'51'31' WEST ALONG THE :NOR.TH LINE OF .SAID SECTION
EIGHTEEN .(18) A DISTANCE OF SIX HUNDRED; SEVENTEEN AND 70/100 (617.70) FEET;
THENCE SOUTH'00'08'29' WEST A DISTANCE OF ONE HUNDRED AND FORTY-SIX AND •NO/100
(146.00) FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'08'2V VEST A; ;
DISTANCE OF THREE HUNDRED, FORTY-FOUR AND 42/100 (344.42) FEET TO THE
Cll. NORTHWESTERLY MARGINAL LINE OF A PRESENT COUNTY ROAD; THENCE NORTH.62*Or29'
CZ EASV ALONG"714 NORTHWESTERLY 'PARdWAL bNE OF' COUNTY I OW"A '$ISIANX br-' .
CD HUNDRED, FIFTY-THREE AND 78/100 (253.78) FEET, TO A POINT; THENCENDRTH 02'
44'29' EAST ALONG THE WESTERLY MARGINAL LINE AND BEYOND SAID WESTERLY MARGINAL
LINE OF THE COUNTY ROAD, A DISTANCE OF ONE HUNDRED, 13GHTY-EIGHT AND 32/100
C IN (188.32) FEET, TO A POINT, THENCE NORTH 89'51'31' WEST ON A LINE PARALLEL WITH THE
CZ) NORTH LINE OF SAID SECTION EIGHTEEN (18) AND ONE HUNDRED AND FORTY-SIX (146) FEET
CN DISTANCE THEREFROM, A DISTANCE OF TWO HUNDRED, EIGHT AND 46/100 (208.46) FEET,
CD MORE OR LESS, TO THE TRUE POINT OF BEGINNING, CONTAINING ONE AND 24/100 (1.24)
CD ACRES MORE OR LESS, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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Storm Water Easement and Maintenance Agreement
Page 6 of 10
EXHIBIT KB'
STORMWATER POLLUTION PREVENTION PLAN
for
Scootie Brown Parking Lot Addition
1346 8 Street N.B.
Auburn, WA 98002
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FAC # FAC 02-0004
Parcel # 182105-9101
Introduction:
This storm water pollution prevention plan has been prepared to address
the City of Auburn site development and storm drainage requirements for
the proposed Parking lot addition located at 1346 8`h Street NE. The
site has an area of approximately 1.72 acres and currently exists as a
public park with a baseball diamond, basketball court, and some other
play / recreation facilities. This project will propose to relocate the
existing basketball court, and add a pickle court and a parking lot to
accomidate the park and adjacent doctors office to the west.
Existing Drainage:
The subject site is fairly flat with a small gradient from the south to
the north portion of the site. All of the storm water runoff collected
on-site is absorbed into the existing soils/gravel. There is no
evidence of any concentrated on-site flows. There is also no evidence
of any off-site flows or erosion from storm water runoff coming on-site.
Proposed Conditions:
According to the City of Auburn's Construction Standards for storm water
management, the city prefers storm water infiltration if the site has
sufficient percolation rates and can infiltrate all of the storm water
on-site. we have proposed to collect all of the storm water runoff from
the landscaped and pavement areas. This water is conveyed via sheet
flow into the proposed biofiltration swale. After being treated for
water quality, the storm water is discharged into an infiltration
system. The stormwater runoff from the pickle court will'be conveyed
into a perforated french drain and will be infiltrated into the ground.
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 BMPIS
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 RI-11.05 Infiltration Trench (SBEC)
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
copy of the records and maintenance checklist for the City Inspector to
Storm Water Easement and Maintenance Agreement
Page 7 of 10
review.
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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:
(Changes to ownership shall be reported to the City of Auburn's Utilities
Section.)
Mr. Daryl Faber
Director of Parks and Recreation
Auburn, WA 98002
Ph # (253) 931-3043
Storm Water Easement and Maintenance Agreement
Page 8 of 10
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.
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C) Routine maintenance of the site will include 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 inspections for damages.
To ensure proper water quality and treatment, the biofiltration Swale must be
properly maintained. During summer months the grasses must be mowed
C"; regularly, maintaining a grass length of approximately 3 to 6 inches, with
N prompt removal and proper disposal of grass clippings, trash, and debris.
Removal of any sediment 6 inches deep or covering vegetation is also necessary
within the biofiltration swale. Remove sediments, fertilize, and reseed as
necessary. Be careful to avoid introducing landscape fertilizer to receiving
N waters or groundwater. If biofiltration Swale side slopes become eroded over
2 inches deep, stabilize by using appropriate erosion control measures (e.g.,
rock reinforcement, planting of grass, compaction).
Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris.
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Storm Water Easement and Maintenance Agreement
Page 9 of 10
INSPECTION/MAINTENANCE CHECKLIST
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STRUCTURE
CTIQN/MAINTENANCE
DATE,OF INSPE
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Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Infiltration
Inspection
Trench / Tank
Results
Maintenance
Done
Biofiltration
Inspection
Swale
Results
Maintenance
Done
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File: 2.1, 4.1
REF. FAC02-0004 (STM WAT EASE & MAINT AGRMNT)\E02-957
Storm Water Easement and Maintenance Agreement
Page 10 of 10