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Home My WebLink About20020523000623 STORM EASEMENT 052302vl ch C12 cs~ e- [T.`i V11-0 Ln Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 2002 5 00623 PACIFIC NW TIT AS 16.00 PAGE 001 6F 008 05/23/2002 09:55 KING COUNTY. WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT J~ Reference # (if applicable): N/A AC;U 1-UU35 Additional on page: 2) Additional on page: Grantor/Borrower: 1) Secret Gardens, LLC Grantee/Assignee/13enefeiary: City of Auburn Legal Description/STK: SEA, NE '/4, 19-21-05E Assessor's Tax Parcel ID#: ANF20001 2 1 800 1 244 Additional on page: C~.7 k.) 3LI I Lf- f a u THIS EASEMENT AND AGREEMENT made and entered into this 1-5 day of Q I , 2007-, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Secret Gardens, LLC, located at 3240 413' St. NW, 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 1210 `M' St. SE, Auburn, WA 98002 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 "'90or'd to peel?C. MIG Monmmnn"On Qnj , -1' srr 4. Storm Water $asement and Maintenance Agreement 3uamined as to proper ">®rvtiari Pagel of 8 .Is to 0 erect upon dtle EXCIS T QUi K o, ds 1 Ion it 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 405 property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit No. FACO1-0035, 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. ~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 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. CITY OF AUBURN DIRECTOR OF PUBL C WOWS Aa D-.[I& 4) ZS 0'L. Owner U. I ate Owner Date TWO ~-x va .rte ;w Stom1 Water Easement and Maintenance Agreement Page 3 of 8 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that / Q o Ve L. 5 4 v- e, - 2-is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the Y►) ew. Id 'ere. of the S eckeh GcAae0S LLC , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated t/a5-off BARBARA L CROSS k e- L , ~Zo ss NOTARY PUBLIC STATE OF WASHINGTON -o COMMISSION EXPIRES Notary u lic in and for t e tate of Washington r, FEBRUARY 10, 2004 residing at Attl(4. ,J , C.JA `T My appointment expires 2 - /u °o Y iun v ;n STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that nk)r +ttr)e, M. EAAateV'-_ is the person who appeared before me, and said person acknowledged that signed is instrument, on oath stated that Aftas authorized to execute the instrument 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 eo~~ LYO 04 0 A Y ;U i tb OF W tl i M. bio ✓1 Notary Public in and residing at of Washington My appointment AWms/bd File: 2.1, 4.1 REF. FACO1-0035 (STM WAT EASE & MAINT AGRMNT)\E02-232 Storm Water Easement and Maintenance Agreement Page 4 of 8 EXHIBIT `A' LEGAL DESCRIPTION A PORTION OF THE NW/4 SECTION 19, TWP 21N, RGE 5E, W.M. K.C. ASSESSORS PARCEL: 192105-9100 PARCEL "B" That portion of Gov. Lots 9 and 10, SE 1 /4 of NE 1/4, in Section 19, T21N, RSE, W.M., in King County, Washington, being described as follows: Commencing at the southeast corner of said SE Y4,Thence S 89 38'25" W, along the south line of said SE 1/4 and the centerline of 17th St. SE, a distance of 893.82 feet, to the east line of the west 429.00 feet of said SE 1/4; Thence N 00 613'55" E, along said east line, a distance of 400.61 feet, to the north line of the south 400.59 feet of said SE 1/4 and the TRUE POINT OF BEGINNING; Thence continuing N 00 13'55" E a distance of 348.05 feet, to the north line of the south 748.62 feet of said SE 1/4; Thence N 89 38'35" E, along said north line, a distance of 440.02 feet; Thence S 45 27'33" E a distance of 162.93 feet, to the east line of the west 985.59 feet of said SE 1/4; Thence S 00 13'55" W, along said east line, a distance of 233.01 feet, to the north line of the south 400.59 feet of said SE 1/4; dzzD Thence S 89 38'35" W, along said north line, a distance of 556.62 feet, to the TRUE POINT OF BEGINNING. As recorded under Auditor's File Number 20001218001244 ,rv Storm Water Easement and Maintenance Agreement Page 5 of 8 Stormwater POlAlon Mevention Plan for SECRET GARDENS APARTMENTS 1210 M Street SE, Auburn, WA FAC401-0035 Site Address: The site is address is1210 "M" Street SE, Auburn, WA 98001 The project is located in the NW % of Section 19, TWP 21 N, RGE 5E, W.M. The tax parcel number is: 192105-9100. Introduction: An approximate 4.20 acre vacate grassy and tree covered site is to be developed as a 40-unit apartment home complex. The project will include vr, construction of 19 separate duplex and triplex single story residential c-4 apartment units with two-car garages. A 24 ft wide access-road with Q paved parking for 15 stalls for guest parking will be paved around the site o there will be a 18'x20' concrete driveway in front of each garage. The r° remaining site will be landscaped. Utility improvements include installation of a storm drainage collection, o biofiltration and retention system; extension of an 8-inch water main with fire hydrants, installation of a 8-inch sanitary sewer main, and underground extension ICZ of power, telephone, natural gas and cable television. c*a Plan Goal The goal of the plan is to treat the on-site runoff for water quality by directing flows through a bioswale and the release to the infiltration system. The bioswale will treat runoff for the specified 64% of the 2yr/24hr storm event. A "flow splitter" manhole will route flows in excess of this flow around the bioswale. The retention facility is designed to retain runoff volumes up to the 100-year storm event. All runoff is designed to infiltrate onsite. Preventative BMP's Best Management Practices for the site include the regular inspection and maintenance of the drainage facilities as follows: • catch basins and other drainage structures shall have stenciled next to them "DUMP NO WASTE - DRAINS TO GROUNDWATER"" on the pavement. • catch basins and all other drainage facilities visually inspected for obstructions, damage or other signs of potential failure. • Access roads and parking lots routinely swept clean and maintained • residents prohibited from changing oil, antifreeze, etc., in parking lots. • Management will be responsible for the proper maintenance of landscaping, bioswale and infiltration areas. Storm Water Easement and Maintenance Agreement Page 6 of 8 Treatment BMP'S: • A biofiltration swale has been designed into the storm drainage facilities to convey and treat runoff for conventional pollutants. • A biofiltration swale was designed to function with a grass height of approximately 1-7/8" at design flow. The swale should not be mowed to a height of less than 1-1/2". • The grass in the swale should be full and healthy, with any dead patches removed and repaired. • Remove sediment build-up of more than one inch from the swale. • Remove grass clipping, trash or any other debris from the swale. • Catch basins shall be cleaned when sump is 2/3 full of sediment or debris. Inspection: Regular inspections of the drainage facilities should be carried out twice per year, tin in the spring and fall. The responsible party should keep records of these ILO inspections available for review by the City. All maintenance records should be saved for five years and be available for review by the City. Additional inspections may be required after severe seasonal storms. Maintenance Routine maintenance of the site will include mowing care of landscaping and the removal of trash and debris from the drainage system. The grass should be mowed regularly to maintain a grass height of approximately 1-1/2 to 2 inches. 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. Person of Responsibility: Doug Trussler Secret Gardens LLP 3240 B Street NW Auburn, WA 98001 ph 253-833-1237 Engineering Plan Prepared By: Andy J. Rykels, PE Rykels Engineering Group, Inc. 28301-183rd Ave SE Kent, WA 98042 Ph 253-631-6598 Plan Updates The City of Auburn 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 7 of 8 ~f~~Z 0~2 3u~U623 bC w c 00 o 0 tTl w y c~ ~s a 4 w N CD a CD N B n aINSPECTION AND MAINTENANCE CHECKLIST SECRET GARDENS APARTMENTS, AUBURN, WA Q. Date of Inspection/Maintenance Comments 00 Structure Date w coo H a H t7l a W tt H a G7 H 0 N N W N CB#1 Inspection Results Maintenance Done CB#2 Inspection Results Maintenance Done C13#3 Inspection Results . Maintenance Done CB#4 Inspection Results Maintenance Done C13#5 Inspection Results Maintenance Done CB#6 Inspection Results Maintenance Done CB#7 Inspection Results Maintenance Done CB#8 Inspection Results Maintenance Done CB#9 Inspection Results Maintenance Done CB#10 Inspection Results Maintenance Done CB#11 Inspection Results Maintenance Done CB#12 Inspection Results Maintenance Done DIVERSION CB inspection Results Maintenance Done INFILTRATION CB 'S Inspection Results Maintenance Done