HomeMy WebLinkAbout20020624001813 STORM EASEMENT 0624021~ 7
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
813
FILED BY PNWT
Above this line reserved for recording information. U) ag5'I- 1-2 -
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
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AUUU2-0004
Reference # (if applicable): N/A
Grantor/Borrower: 1) Agbar Technologies, Inc
Grantee/Assignee/Benefici ary:
Legal Description/STR:
Assessor's Tax Parcel [D#:
City of Auburn
NW 14, 31-21N-5E
787740-0030,787740-0035,
302105-9046
I III I III
ift 20.
Additional on page:
4 , THIS EASEMENT AND AGREEMENT made and entered into this day of
20 0~by and between the City of Auburn, a municipal corporation of
Kin County, Washington, hereinafter referred to as "CITY" and Agbar Technologies, Inc.,
located at 5868 S. 194 St., Kent, WA, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 3002 `A' St. SE 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 Bald document(S) were filed for
record by Pacific Northwest Title as
accommodation only. It has not been
Storm Water Easement and Maintenance Agreement examined as to proper execution or
Page I of 8 as to its effect upon title. .
EXCISE TAX NOT REOUTAED
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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(s). ADD02-0004 and STM02-0110, which Record
c.s 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
o herein by this reference, and shall be of benefit to the City storm utility system.
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Section 2, HEIRS, SUCCESSORS AND ASSIGNS
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o This Agreement shall be binding upon the heirs, successors and assigns of the parties.
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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
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DIRE R PUBLI ORKS
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Storm Water Easement and Maintenance Agreement
Page 3 of 8
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Fran K A-(,,F(,e J 6P 1e~n JY
is the person who appeared before me, and said person acknowledged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the in trulmnent and
acknowled a it as the ro fzUk" it-tCL^" of 6Ltr Af,,h 4dL*71-e T
~ C' • , a corporation, to tife the free and vo ntary act of such ✓
party for the uses and purposes mentioned in this instrument.
Dated ( . U
JULY ~N.
2005 Notary Publi ' d for the State of Washington
~'i,~•••.or 'y'\~.4residing at 111
,PVO` My appointment ex es
y 110\
STATE OF WASHINGTON)
c~ )ss.
County of King )
I certify that I know or have satisfactory evidence thatl
o is the person who appeared before me, and said person acknowledged that he signed this
c.► instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
Cs as the DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and
,t°r•.,, voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated & / 7 loo
~Q` •~5S1tJN •
.40
i Notary Public in nod for the State gj Washington
PUBLIC residing at (-&A, CF LA N"-i-
t r. 1 s-. MY appointment expires till 103
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File: 2.1, 4.1
REF. ADD02-0004 (STM WAT EASE & MAINT AGRMNT)\E02-678
Storm Water Easement and Maintenance Agreement
Page 4 of 8
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Exhibit A
LEGAL DESCRIPTION
LOT 4, 5, AND 6, BLOCK 1, SOUTH AUBURN GARDEN TRACTS, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 20 OF PLATS, PAGE(S) 76, IN KING
COUNTY, WASHINGTON.
PARCEL B:
THAT PORTION OF GOVERNMENT LOT 2, SECTION 30, TOWNSHIP 21 NORTH, RANGE
5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID
GOVERNMENT LOT WITH THE SOUTH LINE PROJECTED WEST OF LOT 3 IN SAID
BLOCK 1 OF SOUTH AUBURN GARDEN
TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 20 OF PLATS,
PAGE(S) 76, IN KING COUNTY, WASHINGTON;
THENCE SOUTH ALONG THE WEST LINE OF SAID GOVERNMENT LOT 2 A DISTANCE 95
FEET TO
THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE EAST PARALLEL TO SAID PROJECTED LINE AND THE SOUTH LINE OF SAID
PLAT;
THENCE SOUTH ALONG THE EAST LINE OF SAID SCHOOL LOT 40 FEET;
ago THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 3 AND SAID SOUTH
LINE PROJECTED WEST A DISTANCE OF 198 FEET TO THE WEST LINE OF SAID
GOVERNMENT LOT 2;
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-0. EXCEPT THEREFROM THE WEST 30 FEET THEREOF FOR "A" STREET SE.
c_v PARCEL C :
to
t= THE EAST 168 FEET OF THE SOUTH 63 FEET OF THE FOLLOWING DESCRIBED
PROPERTY:
' THAT PORTION OF GOVERNMENT LOT 2, SECTION 30, TOWNSHIP 21 NORTH, RANGE
Ci
5 EST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID
GOVERNMENT LOT WITH THE SOUTH LINE PROJECTED WEST OF LOT 3, BLOCK 1,
SOUTH AURBURN GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 20 OF PLATS, PAGE(S) 76, IN KING COUNTY, WASHINGTON; THENCE EAST
ALONG SAID PROJECTED LINE AND ALONG SAID SOUTH LINE OF LOT 3, A
DISTANCE OF 198 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT AS SHOWN ON
SAID PLAT; THENCE SOUTH ALONG THE EAST LINE OF SAID SCHOOL LOT A
DISTANCE OF 198 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID
LOT 3 AND SAID SOUTH LINE PROJECTED WEST, A DISTANCE OF 198 FEET TO THE
WEST LINE OF SAID GOVERNMENT LOT 2; THENCE NORTH ALONG SAID WEST LINE
TO THE TRUE POINT OF BEGINNING.
Storm Water Easement and Maintenance Agreement
Page 5 of 8
EXHIBIT `B'
Pollution Prevention Plan
and
operation and Maintenance Schedule
Agbar Technologies
302 A Street SE
Auburn, Washington
The project site is located at 302 A street SE in Auburn,
Washington. The site is currently developed as a
Washington State Emission Control Facility. An additional
Ramada will be constructed on the east side of the existing
building. Minimal disturbance to the existing curb and
landscaping will occur with the construction of the
proposed Ramada. The existing landscaping has significant
trees that will be protected.
The Ramada will have a dynamometer pit constructed. The
dyno pit will be drained using a ductile iron pipe
discharging into a dead end sump. The ductile iron pipe
a will have a one way in-line gate valve added for protection
from the sump backing up into it and, therefore, the
0 dynamometer pit. The sump will have a solid locking lid
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-r and has H2O loading.
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UD Existing site areas are as follows:
c Total site area = 51,721.50 sf
cv Building area = 3,571 sf
Asphalt area = 31,839.18 sf
'cv Pervious area = 16,311.32 sf
Developed areas are as follows:
New Ramada= 2,765 sf
On-site drainage is by sheet flow from the north vicinity
of the site to a concrete swale south of the existing
building. The concrete swale conveys the runoff to a grass
biofiltration Swale. A concrete curb surrounds the
biofiltration swale. Asphalt drive lanes are on each side
of the swale. The swale discharges into a catch basin at
the south vicinity of the concrete curbed area. This catch
basin ultimately discharges into a detention pipe location
at the south vicinity of the site. Building roof runoff
is tightlined on the north side of the building and piped
into the detention pipe.
Storm Water Easement and Maintenance Agreement
Page 6of8
The purpose of this plan is to ensure the sump is
maintained and inspected on a regular basis by a
professional according to the below requirements as a
minimum. The sump will be the responsibility of the
property owner in compliance with the City of Auburn
maintenance standards. The sump must be inspected every 60
days as a minimum. If the season is especially wet, the
sump must be inspected every 30 days. A maintenance log
record must be logged stating the date of inspection,
signature of the person that inspected the facility and the
condition of the sump, such as the level of runoff and
condition of the structure. Records of inspection will be
available for inspection and maintenance for 5 years and
will be available for City inspector review. The following
information should be included for each inspection:
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Date of inspection:
Person inspecting sump:
Signature of person responsible:
Level of runoff in sump to nearest foot:
Condition of sump structure:
Condition of lid:
Condition of 30-inch level mark:
Comments/Facility, analysis:
The sump must have a visible elevation mark 30-inches below
grade by stenciling or other permanent and visible means.
The sump must be pumped if the runoff reaches the 30-inch
mark. If the 30-inch mark becomes faded the
stenciling/mark must be replaced. If the runoff is near,
at or above the 30-inch mark, a licensed professional must
be called to pump the sump. Disposal should be according
to Best Management Practices.
Should the sump overflow or should spills occur during.
pumping, the oils must be prevented from entering the
downstream conveyance system. Hay can be placed on the
asphalt as a barrier. Filter fabric can be placed on the
asphalt for absorbance. The oil must be contained and
cleaned up to the extent only a surface film is present or
better.
A copy of the Maintenance and Operation Manual shall be
retained on-site. The Manual shall be transferred with the
Storm Water Easement and Maintenance Agreement
Page 7 of 8
property to the new owner in the event the property is
sold.
City of Auburn Public Works Department may inspect the
privately maintained facilities for compliance with the
Maintenance Requirements for Privately Maintained Drainage
Facilities. If the property owner fails to maintain their
facilities to acceptable standards, the City of Auburn may
issue a written notice specifying the required actions. If
the system is not corrected or improved, the City of Auburn
may enter the property to perform the actions needed and
bill the property owner for the cost of the actions. In
the event of a hazard to public safety, written notice may
not be required. The City of Auburn may enter the site and
remedy the safety hazard at the property owner's expense.
Any deterioration threatening the structural integrity of
the facility shall immediately be repaired, such as
cracking or rotation of the sump basin and/or lid.
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m Agbar technologies must provide for the Maintenance and
Operation Manual:
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The person's name and position responsible for inspecting
the sump;
An emergency contact name and phone number in case of a
914 spill;
;c A contact person name and phone number in case of general
damage to the sump;
Evidence that the person inspecting the sump is qualified.
This document was performed by
DCI Engineers
2821 Northup Way, Suite 200
Bellevue, WA 98004-1496
(425) 827-2238
Contact: Carrie Keating, PE
Civil Engineer
CPlbd
File: 2.1, 4.1
REF. ADD02-0004 (STM WAT EASE & MAINT AGR?vfNT)\E02-678
Storm Water Easement and Maintenance Agreement
Page 8 of 8