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Home My WebLink About20011019002282 STORM EASEMENT 101901Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20011019002282 PACIFIC NW TIT EAS 17.00 PAGE 001 OF 010 10/19/2001 14:22 KING COUNTY, WA O~.e ev On rv Cyr C.:.) C'J ful 0 P 0 N Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT Reference # (if applicable): Grantor/Borrower: (tAU01-UU17 and N/A 1) Hebert B St., LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE'/4 01-21N-4E Assessor's Tax Parcel ID#: 158060-0230, 158060-0236 Additional on page: Jt~ Iv h7 HLED [BY PN THIS EASEMENT AND AGREEMENT made and entered into this jo I`Tay of 20_01, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Hebert B St., LLC, located at 2020 `A' St. SE, Suite 121, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 3502, 3512, 3536 `B' 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 WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and oni ori" age:^ n has fi beae t m6nc as to n to "k% t is ~ ► ge ~ Storm Water Easement and Maintenance Agreement Page 1 of 10 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: CIV C CZ) Section 1, EASEMENT o 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 o for the City of Auburn under Permit No(s). FACO1-0017 and GRA99-0009, 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 10 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 W S ®C Za oh Own Date Q-4 m: Owner Date C 0 9 ' L Storm Water Easement and Maintenance Agreement Page 3 of 10 ~J; STATE OF WASHINGTON) )SS. COUNTY OF KING ) CV cr) N CV 0 rte' CT 0 ~o ~o CV I certify I have know or have satisfactory evidence that 14 c pt e, 1/ 4e be.z-f- is/are the person who appeared before me, and said person acknowledged that he/she/they signed this inst ent on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the M k N A 01 ;At Cq {Yl E M b F- of the I + E to f- S+Pe Ec-r---~ , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated / o l io l o L. P E,gp~~l 0 7",4 ~ftLfC ~ • i (gyp 1~ 1 0 .40 .r 1~~\\~WAS.HaN~'~- STATE OF V~AINGTON) )SS. County of King ) iEu-j L Notary Pub4_0n and for the S to of Washington residing at t c ti c V'0 u My appointment expires i/ I certify that I know or have satisfactory evidence that ~r t &44,-L /X . CnR is the person who appeared before me, and said person acknowledged that~he signe this instrument, on oath stated thatshe 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 (0-12.-0( Cl' •\SSioNF+C'~,All i x:•04 V40TARy m ;'kA\ tjNotary Pub is in and for a State Washington CD residing at ~i PUBLIC ~ My appointment expires t c f Z ^ o 0 7129 AWms/bd File: 2.1, 4.1 REF. FACO1-0017 (STM WAT EASE & MAINT AGRMNT)\E01-1399 & GRA99-0009 (STM WAT EASE & MAINT AGRMNT)\E01-1399 Storm Water Easement and Maintenance Agreement Page 4 of 10 T EXHIBIT `A' LEGAL DESCRIPTION Boundary Line Adjustment - Proposed Lot 1 cv cv: c~ a CZ Q CV All those portions of Lots 1 and 2 of City of Auburn Short Plat No. SPL-0001-90, as recorded under Recording No. 9009050883, Records of King County, Washington, more particularly described as follows: BEGINNING at the Northwest comer of said Lot 1; THENCE South 00° 06' 48" East, along the West line thereof, a distance of 227.57 feet to the Southwest comer of said Lot 1; THENCE South 89° 24'35" East, along the South line thereof, a distance of 366.20 feet; THENCE North 00° 35'25" East, 19.00 feet; THENCE South 89° 24'350 East, 277.92 feet; THENCE South 00° 04'07" West, 246.66 feet to the South line of said Lot 2; THENCE South 89° 24'05" East, along the South line of said Lot 2, a distance of 285.01 feet to the Southeast corner of said Lot 2; THENCE North 00° 04'07" East, along the East line of said Lot 2, a distance of 455.40 feet to the Northeast corner of said Lot 2; THENCE North 890 25' 05" West, along the North line of said Lot 2 and the North line of said Lot 1, a distance of 930.02 feet to the POINT OF BEGINNING. 08121 1 of • p1 A r .ti x 0 ~!L L~TZO9 EXPIRES 5/1810S Project Name: "B" Street Development June 14, 2001 RWG/athq 75931.001 Storm Water Easement and Maintenance Agreement Page 5 of 10 LEGAL DESCRIPTION Boundary Line Adjustment - Proposed Lot 2 All those portions of Lots 1, 2, and 3 of City of Auburn Short Plat No. SPL-0001-90, as recorded under C14 Recording No. 9009050883, Records of King County, Washington, more particularly described as °M follows: CIN CZ COMMENCING at the Northwest corner of said Lot 1; C o THENCE South 00° 06' 48" East, along the West line thereof, a distance of 227.57 feet to the rn Southwest comer of said Lot 1 and the POINT OF BEGINNING; THENCE South 89° 24'35' East, along the South line thereof, a distance of 366.20 feet, o THENCE North 00° 35'25' East, 19.00 feet; THENCE South 89° 24'35" East, 277.92 feet; THENCE South 00° 04'07* West, 246.66 feet to the South line of said Lot 2; o THENCE North 89° 24'05" West, along the South line of said Lot 2 and the South line of said Lot 3, c= a distance of 643.57 feet to the Southwest comer of said Lot 3; cv THENCE North 00° 06'480 West, along the West line of said Lot 3, a distance of 227.58 feet to the POINT OF BEGINNING. Project Name: V Street Development June 14, 2001 Revised August 20, 2001 RWGfjss/ath 75931.003 Storm Water Easement and Maintenance Agreement Page 6 of 10 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN FOR `B" STREET DEVELOPMENT FAC No. 01-0017 GRA No. 99-0009 Site Address The project is located in the Northeast quarter of Section 1, Township 21 North, Range 4 East, Willamette Meridian, approximately one-half mile north of the intersection of "B" Street N.W. and 30th Street N.W., situated east on "B" Street N.W., Auburn, Washington. The site addresses are: 3502, 3512, and 3532 "B" Street N.W. The tax parcel numbers are 1580600230 and 1580600236. Introduction The project proposes development of approximately 4.5 acres of existing wooded area. The developed site consists of three new warehouse buildings totaling approximately 65,000 square feet of floor area and the cv associated parking lot, storm drainage system, utilities, and landscape improvements. The stormwater runoff C= cr will be conveyed through tightlined drainage systems to the detention facility located adjacent to "B" Street c1%4 N.W., and ultimately released to the existing downstream path. o -The wetland recharge-includes'routing -thestormwater runoff from building roof drains through dispersal trenches located in the wetland setback into the existing wetlands. The total area draining to the storm drainage detention/water quality pond is 4.4 acres, of which 3.95 acres will be impervious. C= Plan Goal av The goal of the grading and storm drainage plan is to treat on-site runoff subject to vehicular traffic for water quality by directing all parking lot flows through the storm drainage detention/water quality pond. The storm. drainage detention system is designed to detain 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. 7593.006 I K W Uj ss/ath l Storm Water Easement and Maintenance Agreement Page 7 of 10 Treatment BMPs The on-site storm drainage detention/water quality pond has been designed to detain, convey and treat runoff for conventional pollutants. The City of Auburn Design Manual was used to design the storm drainage detention/water quality pond for water quality treatment. EV Inspection cv o The storm drainage detention/water quality pond shall be inspected at least twice a year and as required C=' following periods of heavy runoff. Maintenance records must be kept for a minimum of five years and be C" available for City Inspector review. C? It- Maintenance r ° To ensure proper water quality treatment, the storm drainage detention/water quality pond must be properly a-" maintained. Removal of any sediment that exceeds 10 percent of the design storm depth is also necessary. Regrade any part of the pond berms that have settled 4 inches lower than the design elevation. Person of Responsibility Hebert Construction 2020 "A" Street S.E. , Suite 101 Auburn, WA 98002 Engineer Preparing Plan Karl W. Lundberg, P.E. Barghausen Consulting Engineers, Inc. 18215 - 72nd Avenue South Kent, WA 98032 (425) 251-6222 7593.006 [KW1Jjsslath] Storm Water Easement and Maintenance Agreement Page 8 of 10 INSPECTION 1 MAINTENANCE CHECKLIST C1-4 co C`1i CV 0 C" e--- 0 I N Structure Dat e of inspectio n 1 Maintena nce CB # 1 Inspection Results Maintenance Done CB # 2 Inspection Results Maintenance Done CB # 3 Inspection Results Maintenance Done CB #4 Inspection Results Maintenance Done --GB-#-5--- _ .-inspection-- - - - - - Results Maintenance Done CB # 6 Inspection Results Maintenance Done CB # 7 Inspection Results Maintenance Done CB # 8 Inspection Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 10 INSPECTION 1 MAINTENANCE CHECKLIST cv l^V 0 Cn r- cv Structure Dat e of inspectio n 1 Maintena nce CB # 9 Inspection Results Maintenance Done CB # 10 Inspection Results Maintenance Done CB # 11 Inspection Results Maintenance Done Pond Inspection Results Maintenance Done Flow Inspection Dispersal Results Trench #1 Maintenance Done Flow Inspection Dispersal Results Trench #2 Maintenance Done Flow Inspection Dispersal Results Trench #3 Maintenance Done AWms/bd File: 2.1, 4.1 REF. FAC01-0017 (STM WAT EASE & MAINT AGRMNT)\E01-1399 & GRA99-0009 (STM WAT EASE & MAINT AGRMNT)\E01-1399 Storm Water Easement and Maintenance Agreement Page 10 of 10