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HomeMy WebLinkAbout20001006001494 STORM EASEMENT 100600Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 CHICAGO TITLE EAS PAGE 001 OF 012 10/06/2000 18:58 KING COUNTY, WA 11494 19.00 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00012-99) Reference # (if applicable): N/A Additional on page: crr Grantor/Borrower: 1) West Park Corporate Campus, 2) -tt LLC Additional on page: Cn Grantee/Assignee/Beneficiary: City of Auburn Lcr Legal Description/STR: NW '/4, 01-21-04E Additional on page: C Assessor's Tax Parcel ID#: 158060-0028, 0029, 0032, 0033, 0035 CZ) c/ THIS EASEMENT AND AGREEMENT made and entered into this day of ,~c~ 41, , W W~ by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and West Park Corporate Campus, LLC, located at 3615 West Valley Hwy. N., Suite 201, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at West Valley Hwy. north and south of 37`h St. NW, 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 Storm Water Easement and Maintenance Agreement Page 1 of 12 EXCISE TAX NOT REQUIRED IQn 00. Rupords Division BY Deputy WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and 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 -11 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 LC> repairs. Q ° NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED ~ THE PARTIES AGREE AS FOLLOWS: 0 C=, C14 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. FA00012-99, 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 Storm Water Easement and Maintenance Agreement Page 2 of 12 PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. 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 4 z77 cry Owner E° Date C o. G=) C'v Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 12 STATE OF ) )ss. COUNTY OF ) _ 0- I certify I have know or have satisfactory evidence that ES C . 1 uAb R 0 is/are the a pe rsonj who appeared before me, and said person acknowledged that he/she/they signed this ' instrument on oath stated that he/she/they was/weruthorized to execute the instrument and acknowledge as the n3 Pr N r, Sg i At 54-' (Y\EA1 IJ E e; of the W&-- -pazt a limited liability company, to be the free and ca voluntary act of such party for the uses and purposes mentioned in the instrument. Dated i : 0 NCTAF, y 9 : ^ / PUBLIC (Notary Public in and for the St to of Washington ItIc!'j9 y s , o'~• residing at "F'UtA Cou N~ I~%~pINAS~Gs My appointment expires. 11//912f, STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that CA-P, 01 c\r F- M. C N 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 o such party for the uses and purposes mentioned in this instrument. Dated aC7 B'4 00 00 :0 NOTAR-y i M : ~j PUBLIC 1k~ OPWASNVN~'= WW/bd r ak i L, Notary Public in and for the St to of Wa's'hington residing at c.~ z e u~ My appointment expires ~i REF. FAC99-0012 (STM WAT EASE & MAINT AGREE REPLACES 1999)\E00-1088 Storm Water Easement and Maintenance Agreement Page 4 of 12 EXHIBIT `A' NEW LOT A: THAT PORTION OF LOT 1 IN BLOCK 2 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING .COUNTY, DESCRIBED AS FOLLOWS: f- 01 C c:0 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 87' 42' 24" EAST,` ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 502.21 FEET; THENCE SOUTH 00' 14' 31" WEST, A DISTANCE OF 282.90 FEET; THENCE NORTH 87' 42' 24" WEST, PARALLEL WITH THE NORTH LINE OF SAID LOT, A DISTANCE OF 136.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00' 14' 31" WEST, A DISTANCE OF 302.60 FEET; THENCE SOUTH' 55' 07' 05" WEST, A DISTANCE OF 42.00 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY (SR-181).; THENCE NORTH 34' 52' 55" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DIS- TANCE OF 4.99 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST WHOSE RADIUS IS 1402.39 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04' 45' 30", A DISTANCE OF 116.47 FEET; THENCE NORTH 30' 07' 25" WEST, CONTINUING ALONG SAID EASTERLY RIGHT=OF-WAY LINE, A DISTANCE OF 270.32 FEET; THENCE SOUTH 87' 42' 24" EAST, A DISTANCE OF 237.01 FEET TO THE TRUE POINT OF BEGINNING. NEW LOT B: THAT PORTION OF LOTS 1 AND 2 IN BLOCK 2 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: =_l C73 C:) c1*11. s COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 87' 42' 24" EAST, ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 502.21 FEET; THENCE SOUTH 00' 14' 31" WEST, A DISTANCE OF 282.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00' 14' 31" WEST, A DISTANCE OF 91.34 FEET; THENCE SOUTH 89' 46' 52" EAST, A DISTANCE OF 538.86 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SR-167; THENCE SOUTH 00' 14' 33--WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DIS- TANCE OF 225.93 FEET; THENCE NORTH 89' 44' 56" WEST, A DISTANCE OF 650.33 FEET; THENCE SOUTH 55' 07' 05" WEST, A DISTANCE OF 51.23 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY (SR-181); THENCE NORTH 34' 52' 55" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DIS- TANCE OF 30.00 FEET; THENCE NORTH 55' 07' 05" EAST, A DISTANCE OF 42.00 FEET; THENCE NORTH 00' 14' 31" EAST, A DISTANCE OF 302.65 FEET; THENCE SOUTH 87' 42' 24" EAST, A DISTANCE OF 136.37 FEET TO THE TRUE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 5 of 12 NEW LOT C: THAT PORTION OF LOTS 1 AND 2 IN BLOCK 2 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23-OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 87' 42' 24" EAST, ALONG THE NORTH LINE OF SAID LOT, A DISTANCE ca OF 502.21 FEET; THENCE SOUTH 00' 14' 31" WEST, A DISTANCE OF 24.25 FEET TO THE TRUE POINT OF ca BEGINNING, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY FOR 37TH STREET NW, AND ON A CURVE CONCAVE TO THE SOUTH WHOSE RADIUS POINT BEARS SOUTH 0 08'00'02" WEST, 1864.97 FEET DISTANT; o THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00' 11' 45", A DISTANCE OF 6.38 FEET; THENCE SOUTH 08' 11' 47" WEST, A DISTANCE OF 15.00 FEET TO A POINT ON THE a SOUTHERLY LINE OF A PARCEL OF LAND CONDEMNED IN KING COUNTY SUPERIOR COURT p CAUSE NO. 718254 AND CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UN- DER RECORDING NO. 7402270280 FOR SR-167; THENCE SOUTH 75' 42' 39" EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 551.10 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SR-167; - THENCE SOUTH 00' 14' 33" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DIS- TANCE OF 200.27 FEET; THENCE NORTH 89' 46' 52" WEST, A DISTANCE OF 538.86 FEET; THENCE NORTH 00' 14' 31 EAST, A DISTANCE OF 349.98 FEET TO THE TRUE POINT OF BEGINNING. NEW LOT D: THAT PORTION OF LOTS 1 AND 2 IN BLOCK 2 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAME POINT BEING ON A CURVE CONCAVE TO THE WEST, ON THE EASTERLY RIGHT-OF-WAY LINE OF WEST VALLEY HIGHWAY (SR-181) WHOSE RADIUS POINT BEARS NORTH 84' 37' 45" WEST, 602.96 FEET DISTANT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10' 14' 45", A DISTANCE OF 107.82 FEET; THENCE NORTH 85' 07' 30" EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS SOUTH 85' 07' 30" WEST, 617.96 FEET DISTANT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEN- TRAL ANGLE OF 16' 10' 44", A DISTANCE OF 174.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, A- LONG SAID EASTERLY RIGHT=OF-WAY, THROUGH A CENTRAL ANGLE OF 13' 49' 41", A DISTANCE OF 149.14 FEET; THENCE NORTH 34' 52' 55" WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 199.87 FEET; THENCE SOUTH 55' 07' 05" WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 15.00 FEET; THENCE NORTH 34' 52' 55" WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 121.20 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 55' 07' 05" EAST, A -------DISTANCE-0"1.23-~E-Ti - THENCE SOUTH 89' 44' 56" EAST, A DISTANCE OF 403.27 FEET; THENCE SOUTH 00' 14' 33" WEST, A DISTANCE OF 414.50 FEET; THENCE NORTH 89' 45' 27" WEST, A DISTANCE OF 177.85 FEET TO THE TRUE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 6 of 12 NEW LOT E: C:= C.1 4;7~ C "t Ar THAT PORTION OF LOTS 1 AND 2 IN BLOCK 2 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, SAME POINT BEING ON A CURVE CONCAVE TO THE WEST, ON THE EASTERLY RIGHT-OF-WAY LINE OF WEST VALLEY HIGH- WAY (SR-181) WHOSE RADIUS POINT BEARS N 84' 37' 45" WEST, 602.96 FEET DISTANT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10' 14' 45", A DISTANCE OF 107.82 FEET; THENCE NORTH 85' 07' 30" EAST, CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST WHOSE RADIUS POINT BEARS SOUTH 85' 07' 30" WEST, 617.96 FEET DISTANT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CEN- TRAL ANGLE OF 16' 10' 44", A DISTANCE OF 174.50 FEET; THENCE SOUTH 89' 45' 27" EAST, A DISTANCE OF 177.85 FEET; THENCE NORTH 00' 14' 33" EAST, A DISTANCE OF 414.50 FEET; THENCE SOUTH 89' 44' 56" EAST, A DISTANCE OF 247.06 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SR-167; THENCE SOUTH 00' 14' 33" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DIS- TANCE OF 707.29 FEET TO A POINT IN THE SOUTH LINE OF SAID LOTS 1 AND 2; THENCE NORTH 87' 41' 00" WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 400.38 FEET TO THE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 7 of 12 _ EXHIBIT `B' 0 STORMWATER POLLUTION PREVENTION PLAN ° FOR 0 WEST PARK 0 ° SEP No. 0008-98 Site Address The project is located at the southeast corner of the intersection of 37th Street N.W. and West Valley Highway, in Auburn, Washington, in Section 1, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington. The tax parcel numbers are 1580600028, 1580600029, 1580600032,1580600033,1580600035, and 1580600040. Introduction The project will consist of commercial buildings and associated parking lots, storm drainage, and utility construction. The area of the project is 19.06 acres, of which approximately 90 percent will be impervious. On-site drainage will be collected by catch basins and conveyed to a storm drainage detention/water quality pond located at the northwest comer of the site. Roof drainage from the buildings will be conveyed directly into the catch basin system previously described. Storm drainage discharges from the proposed pond via a storm drain tightline system to a ditch directly to the north. Plan Goal The goal of the grading and storm drainage plan is to treat all on-site runoff for water quality by directing all parking lot and roadway flow through the storm drainage detention/water quality pond. The storm drainage detention system is designed to retain runoff volumes up to the 100-year storm event with 1-foot of freeboard. Preventative BMPs Catch basins shall have "dump no waste - drains to river" stamped next to them. The parking lot shall be swept as necessary to remove debris and prevent silt and other debris from entering the storm drainage conveyance system. 7010.001 [Jc1V5m/a1 Storm Water Easement and Maintenance Agreement Page 8 of 12 Treatment BMPs The on-site storm drainage detention/water quality pond has been designed as a combined three-cell wetpond, and detention pond to treat and detain runoff for conventional pollutants. The City of Auburn Design Manual was used to design the storm drainage detention/water quality pond for this project. Inspection. The storm drainage detention/water quality pond shall be inspected at least twice a year and as required following periods of heavy runoff.. Maintenance records must be kept for a minimum of five years and be available for City Inspector review. Maintenance To ensure proper water quality treatment, the storm drainage detention/water quality pond must be properly maintained. Following,is a maintenance requirement which must be followed. Maintenance Conditions When Maintenance is Needed Results Expected When Maintenance is Component Defect . Performed f: 3 c;;:) tw1 C y.t General Trash & Debris Poisonous Vegetation Pollution Unmowed Grass/ Ground Cover Rodent Holes Insects Any Trash and debris which exceed 1 cubic foot per 1000 square feet (this is about equal to the amount of trash it would take to fill up one standard size office garbage can). In general, there should be no visual evidence of dumping. Any poisonous vegetation which may constitute a hazard to City personnel or the public. Examples of poisonous vegetation include: tansy ragwort, poison oak, stinging nettles, devils club. Oil, gasoline, or other contaminants of one gallon or more or any amount found that could: 1) cause damage to plant, animal, or marine life; 2) constitute a fire haaard; or 3) be flushed downstream during rain storms. If facility is located in private residential area, mowing is needed when grass exceeds 18 inches in height. In other areas, the general policy is to make the pond site match adjacent ground cover and terrain a$ long as there is no interference with the function of the facility. Any evidence of rodent holes if facility is acting as a dam or berm, or any evidence of water piping through dam or berm via rodent holes. When insects such as wasps and hornets interfere with maintenance activities. Trash and debris cleared from site. No danger of poisonous vegetation where City personnel or the public might normally be. (Coordination with Seattle/King County Health Department.) No contaminants present other than a surface film. (Coordination with Seattle/King County Health Department.) When mowing is needed, grass/ground cover should be mowed to 2 inches in height. Rodents destroyed and dam or berm repaired. (Coordination with Seattle/King County Health Department.) Insects destroyed or removed from site. Tree Growth Tree growth does not allow maintenance access Trees do not hinder maintenance activities. or interferes with maintenaace activity (i.e., Selectively cultivate trees such as alders for slope mowing, silt removal, vectoring or firewood. equipment movements). If trees are not interfering with access, leave trees alone. 7010.001 []GH/sm/es] Storm Water Easement and Maintenance Agreement Page 9 of 12 --:F Side Slopes of Pond Erosion Eroded damage over 2 inches deep where cause Slopes should be stabilized by using Cn of damage is still present or where there is appropriate erosion control measure(s): e.g., potential for continued erosion. rock reinforcement, planting of grass, compaction. C:] cz$ Storage Area Sediment Accumulated sediment that exceeds 10% of the Sediment cleaned out to designed pond Q20 designed pond depth. shape and depth; pond reseeded if necessary to control erosion. CD CZ3 Pond Dikes Settlements Any part of dike which has settled 4 inches Dike should be built back to the design c-- lower than the design elevation. elevation Emergency Rock Missing Only one layer of rock exists above native soil Replace rock to design standards. Q Overfill/Spillway in area five square feet or larger, or any CJ Q exposure of native soil. N Person of Responsibility West Park Corporate Campus, LLC 2020 "A" Street S.E., Suite 101 Auburn, WA 98002 ~ (253) 939-1800 Engineer Preparing Plan Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251-6222 7010.001 [10Wsm/es] Storm Water Easement and Maintenance Agreement Page 10 of 12 INSPECTIONIMAINTENANCE CHECKLIST c~+ co: 0 a~ Structure Date of Inspection/Maintenance Maintenance C.B.S. No. Inspection Date Inspection Result Done CB No. 1 CB No. 2 CB No. 3 CB No. 4 CB No. 5 CB No. 6 CB No. 7 CB No. 8 CB No. 9 CB No. 10 CB No. 11 CB No. 12 CB No. 13 CB No. 14 CB No. 15 CB No. 16 CB No. 17 CB No. 18 CB No. 19 CB No. 20 CB No. 21 CB No. 22 CB No. 23 CB No. 24 CB No. 25 7010.001 [JGH/sWes] Storm Water Easement and Maintenance Agreement Page 11 of 12 F e~ C= c.cJ O a C=) O N CB No. 26 CB No. 27 CB No. 28 CB No. 29 CB No. 30 CB No. 31 CB No. 32 CB No. 33 CB No. 34 CB No. 35 CB No. 36 CB No. 37 CB No. 38 CB No. 39 CB No. 40 CB No. 41 CB No. 42 CB No. 43 CB No. 44 CB No. 45 CB No. 46 CB No. 47 CB No. 48 Detention Pond WW%bd REF. FAC99-0012 (STM WAT EASE & MAINT AGREE REPLACES 1999)\E00-1088 7010.001 [JOWsm/es] Storm Water Easement and Maintenance Agreement Page 12 of 12