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Home My WebLink About20010521001558 STORM EASEMENT 052101r Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 01052 0015,58 IC NU TIT EAS 25.00 001 OF 008 e2091 11:58 MUNTY, WA Above this line reserved for recordine information. Un U-1 u-; C& u7. C=D 0 cl~ STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA000-0031 & GRA00-0017) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Residential Resource Associates 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE 13-21N-4E Additional on page: Assessor's Tax Parcel ID#: 391500-0105 -PAfW 7- THIS EASEMENT AND AGREEMENT made and entered into this 0.,20 day of 20~, by and between the City of Auburn, a municipal corporation of Kid County, Washington, hereinafter referred to as "CITY" and Residential Resource Associates, located at 101 Stewart St., Suite 1102, Seattle, WA 98101-1748, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 602 West Main Street 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 88id d01°u 'M( r Ned for rocard by 111W c W~, 1'ft &i.x?m+rw+od *w onty. IC`4Wtb e6n Storm Water Easement and Maintenance Agreement e:a Pmp.r'iXecubon or Page 1 of 8 as to r ~ upon oft. - 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 a o. PROPERTY OWNER hereby provides an easement over, under and on that portion of the c.: property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit Nos. FA000-0031 and GRA00-0017, which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall be a c~ 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. ; . ; ,..r Storm Water Ea§event and Maintenance Agreement Page 2 of 8 :v ,k~ . 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 z-o o% wnerG~~~`L•I'>?^-~ ate... Owner Date co. LS. Sm G7 G`V DIRECTOR OF PUBLIC WORK61 1 E'VV Storm Water Easement and Maintenance Agreement Page 3 of' 8 ..r o. r~ STATE OF WASHINGTON) )SS. County of King ) I certify that I know or have satisfactory evidence that I -f Y n E av y- and is/sue the person( who appeared before me, and said partner(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated ' A'pf? I ZD , 2.001 M' 1 r d 00TA ca: PUBLIC Notary Public in and for the Stale of Washington residing at •P>&he I I W "V1 ice. j ~1 9 • B 9-O ~1 ~cZ` • ~ My appointment expires us-1- ZDO %FWASa I~'E►~ - STATE OF WASHINGTON) )SS. County of King ) I certify that I know or have satisfactory evidence that M . ~4 e*- is the person who appeared before me, and said person acknowledged thatshe signed f ilk instrument, on oath stated thatke 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 - 2 t C. W 1 i ~G•~~e?S1~NFAC9~ 11~ V` r Gll~ 0 NOTARY m ~0 Notary Publi in and for the State Washington co S4 0 ' residing at PUBLIC My appointment expirl - Z -0 ~7.?9_ptk WASM AWms/bd File: 4.1, 2.1 REF. FA000-0031 (STM WAT EASE & MAINT AGREE)\E01-535 GRA00-0017 (STM WAT EASE & MAINT AGREE)\E01-535 Storm Water Easement and Maintenance Agreement Page 4 of 8 r' EXHIBIT `A' LEGAL DESCRIPTION LOTS 3, 4, 5, AND 6, BLOCK 2 KNICKERBOCKER'S FIRST ADDITION TO THE TOWN OF AURBURN, AS PER PLAT RECORDED IN VOWME 16 OF PLATS, PAGE 23 IN KING COUNTY, WASHINGTON. w? ",I. Lp~ irr c;A CZ.? .7.- Cp C~4 Storm Water Easement and Maintenance Agreement Page 5 of 8 sz~r Czs sc env EXHIBIT `B' Qapc R913: C014SULTING ENGINEERS/CIVIL AND STRUCTURAL POLLUTION PREVENTION PLAN I OF RESIDENTIAL RESOURCE ASSOCIATES 602 W. MAIN STREET AUBURN, WA 98061 FOR THE KEIMIG ASSOCIATES AUGUST 2000 R.E. JOB NO. 99176. 1519 West Valley Highway North/Suite 101 Post Office Box 836/Auburn. WA 98071 25'1-833.7776 J%ax 253-930-216E Storm Water Easement and Maintenance Agreement Page 6 of 8 fI Stormwater Pollution Prevention Plan Site Address This project is located in SE 1/a of Section 13, Township 21 N., Range 4 E. W.M. The site is located at 602 W. Main Street Auburn, WA. Tax Parcel No. is 391500-0105-02. The site is 0.492 acres. Introduction This project involves the construction of an approximately 0.3-acre new parking lot and associated utilities, and re-construction of a building destroyed by a fire. Detention and water quality is required for the 0.3-acre parking lot; detention will be in a parking lot surface pond. Runoff from the parking lot will be treated via a "Stonnceptor" water quality facility before being released into the public storm system. All roof runoff will be collected into roof drains and conveyed directly to the public storm system. Plan Goal Q0 The goal of the plan is treat the runoff from the parking lot for water quality before discharging tX7k to the public storm system in Main St. north of the site. cam., The property owner is required to enhance and protect water quality due to stormwater discharges from the parking lot, as dictated by the City of Auburn's Developer Design Manual. In this document, the parking lot's storm drainage system is generally described and the Lill inspection and maintenance requirements are outlined. Preventative BMP's . c, c., Preventative Best Management Practices (BMP's) shall be implemented to ensure that the water quality measures are 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 sliould be properly maintained, as described in the following sections. Treatment BMP's The Stormceptor has been designed to convey and treat runoff for conventional pollutants. Storm Water Easement and Maintenance Agreement Page 7 of 8 i '7 Q O' LX)s 0 co N Ln 0 0 0 CV Stormwater Pollution Prevention Plan (Cont.) 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 and Section 5 of The Stormcotor System Technical Manual for maintenance requirements. . Person of Responsibility Residential Resource Associates 101 Stewart St., Suite 1102 Seattle, WA 98101-1748 Contact: Stephen Burr Signature: Phone: 206-441-0182 Design Engineer: Rupert Engineering, Inc. Contact: Jeff Baker 1519 West Valley Hwy. N., Suite 101 Auburn, WA 98001 (253) 833-7776 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. AWms/bd File: 4.1, 2.1 REF. FAC00-0031 (STM WAT EASE & MAMT AGREE)\E01-535 GRA00-0017 (STM WAT EASE & MATNT AGREE)\E01-535 Storm Water Easement and Maintenance Agreement Page 8 of 8