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Home My WebLink About19990817001586 STORM EASEMENT 081799A a) s, 9- DEC 6 - 1999 C C or `Return Address: C1 ,4USU, C ~5~ ity of Auburn lu~ City Clerk 25 West Main 19990817001886 Auburn, WA 98001 PAGE 001 OF 009 08/17/1999 14.25 PACIFIC NW TIT EAS KING COUNTY, WA 24.00 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Charlie Pieratt 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW SW '/a, 13-21-04 Additional on page: J Assessor's T'ax Parcel ID#: 132104-9010 12 FILED B NVV q a y THIS EASEMENT AND AGREEMENT made and entered into this 7 3 day of -3-w , 1911 by and between the City of Auburn, a municipal corporation of King Count , Washington, hereinafter referred to as "CITY" and. Charlie Pieratt, located at 1310 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 1302 W. Main St., Auburn, WA 98001, 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 Said document(s) tv re filed for record by Pacific i\Ir"I'bh lest Title as armmrnro'Oo4inpt n.1~r• hoc .~Cl~++onn Storm Water Easement and. Maintenance Agreement examined as to propor execudm or Page 1 of 9 as to its effect upon title. EXCISE TAX MW REQUIRED Retw i Wet AN. ey~... Depudy 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 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. BLD0254-99, 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, 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 19990817001586 PAGE 002 OF 009 ~I I 08/17/1999 14:25 PACIFIC NW TIT EAS _ 24.00 KING COUNTY, WA r 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 Owner Storm Water Easement and Maintenance Agreement Page 3 of 9 - t- .c? , ,gyp Date 19990817001586 PAGE 003 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that LV IGUr 1-f S 0'% and is/are the person(s) who appeared before me, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the us@s al~Id~ pu~~se j~me~Itioned in this instrument. Dated (N, County of King ) &-o-LAQ STATE OF WASHINGTON) )ss. M rrq~'~ 14pwu~> Notary Public In and for the State of Washington residing at My appointment expires I certify that I know or have satisfactory evidence that 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/IIIIII/IIIII .`~`I.~~1E g10N~c~;F V O~ NOTARY 9cc~ : 'U - - U)1 ;.A 0, PUBLIC • :A FMBER'; IWA' WW/bd Notary Public residing at My appointment REF. BLD0254_.99\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 9 I PACIFIC NW TIT EAS of Washington 19990817001586 PAGE 004 OF 009 08/17/1999 14:25 24.00 KING COUNTY, WA EXHIBIT*'.A'. LEGAL DESCRIP ION THE WEST 355.23 FEET OF THE EAST 685 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC. 13, TWP. 21N, R. 4E. W.M., IN KING COUNTY, WASHINGTON; LESS THE NORTH 140.4 FEET OF THE WEST 90 FEET THEREOF, ALSO LESS STATE ROAD, PARCEL 1132104-9010 Storm Water Easement and Maintenance Agreem--` Page 5 of 9 19990817001586 PAGE 005 OF 009 08/17/1999 14:25 KING COUNTY, WA PACIFIC NW TIT EAS 24.00 - $XHIBIT `B' FS) CONSULTING ENGINEERS/CIVIL AND STRUCTURAL I' PIERATT OFFICE/WAREHOUSE BUILDING 1302 W. MAIN AUBURN, WA FOR GW CONTRACTORS 36921 ST" AVE. SW FEDERAL WAY WA 98203 vLON 'JUNE 1999 11103 R.E. JOB NO. 99014 1519 West Val!ey Highway North/Suite 101 Post Office Box 836/Auburn, WA 98071 253-833.7776 Fax 253-939.2168 Storm Water Easement and Maintenance Agreement Page 6 of 9 f 19990817001586 PAGE 006 OF 009 III Ii III 08/17/1999 COUNTY, WA K PACIFIC NW TIT EAS 24.00 a Stormwater Pollution Prevention Plan Site Address This project is located in NW % of the SW % of Section 13, Township 21 N., Range 4 E. W.M. The site address is 1302 W. Main St., Auburn, WA. Tax Parcel No. is 132104- 9010. Introduction This project involves the construction of a 50,400 sf office/warehouse building, parking stalls, and connection to existing utilities. Stormwater will be treated via several existing oiltwater separators already present on site. All roof runoff will be collected into roof drains and conveyed directly to the storm system. Plan Goal The goal of the plan is treat the runoff for water quality before discharging to the public storm system in West Main Street. The property owner is required to enhance and protect water quality due to stormwater discharges from the site, as dictated by the City of Auburn's Developer Design Manual. In this document, the site's stone drainage system is generally described and the inspection and maintenance requirements are outlined. Preventative BMP's Preventative Best Management Practices (BMP's) shall be implemented to ensure that the water quality measures or provided to site discharge. Such practices include the following: 1) Areas which discharge runoff to the storm drainage system should be kept free of debris and any dangerous wastes which may pollute the storm drainage system. Storm drains shall be stenciled "DUMP NO WASTE, DRAINS TO STREAM." 2) The storm drainage utilities should be property maintained, as described in the following sections. Storm Water Easement and Maintenance Agreement Page 7 of 9 19990817001S86 PAGE 007 OF 009 08-'17/1999 14:25 PACIFIC MW TIT EAS 24,00 KING COUNTY, WA . :r Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's The existing oil/water separators have been designed to convey and treat runoff for conventional pollutants. Inspection Regular inspection of the storm drainage facilities will ensure their proper function. Inspection shall occur at least twice a year. Records of inspection and maintenance shall be kept for five years and shall be available for City inspector to review. Maintenance Regular maintenance of the storm drainage facilities will ensure their proper function. See King County Washington. Surface Water Design Manual, Appendix A. Maintenance Requirements for Privately Maintained Drainage for maintenance requirements. Person of Responsibility Charlie Pieratt 1310 W. Main St. Auburn, WA 98001 Contact: Charlie Pieratt Phone: 253-939-1660 -Design-Engineer: - Rupert Engineering, Inc. Contact: Larry Krueger 1519 West Valley Hwy. N., Suite 101 Auburn, WA 98001 Plan and/or Information Updates 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 Section. Storm Water Easement and Maintenance Agreement Page.8 of .9 19990817001586 uI PAGE 008 OF 009 °01 KIING7000NTY, WA5 PACIFIC NW TIT EAS 24.00 INSPECTION\MAINTENANCE CHECKLIST ww BZI REF. BLD0254 .99\STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 9 of 9 19990817001586 PACE 009 OF 009 0111 I1II NIII10. 1I110 09 /17/1999 14WA5 KIM PACIFIC NW TIT EAS 24.00 STRUCTURE DATE OF I NSPECTION MAINTE NANCE CB or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. 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