HomeMy WebLinkAbout9904020797 STORM EASEMENT 040299S
Return Address:
City of Auburn #®y
City Clerk
25 West Main 9
Auburn, WA 98001
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Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(FA00022-98 and BLD0410 thru 0414-98)
Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) Brekke Properties Bald doccumen2),D viers filed for
F=rd by ( mft Ha61dFitio1r11rN?~a~e:
so mod Uan an Y.. K ors r es ~
Grantee/Assignee/Beneficiary: City of Auburn ekami ved as to proper uxecu Sou or
Legal Description/STR: NW 'A 1-2114 8s to K'9 (&11oct UP04hitional on page:
Assessor's Tax Parcel ID#: 158260-0092 and 158260-0091
SLED BY F_'NWT
vi 65/6-12-
THIS EASEMENT AND AGREEMENT made and entered. into this day of
5rzpm",,GEA_ , 191JZ; by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Brekke Properties, located at,
8592 Hunts Point Lane, Bellevue, WA 98004, hereinafter referred to as "PROPERTY
OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 3902 West Valley Hwy. N., Auburn, WA, 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
Storm Water Easement and Maintenance Agreement
Page 1 of 8 CIN PI OT I RED
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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:
C .
Section 1, EASEMENT
C 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 Nos. FA00022-98 and BLD0410 thru 0414-98, 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 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 PUBLIC WORKS
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Owner
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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 VC-Q1k&n-
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 ins er}t~ and
acknowledged it as the MLLMAAI~t of
CU , a rporation, to be the free and voluntary act of such
party for the' uses and~poses mentioned in this instrument.
Dated 19-)LP -`(Y
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q ~ O PPS Z~
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o.p :
G
t?" ';0',(9j'~`~eRUAR°~?; Notary Publi in and for the State of Washington
Q qjF ~p5••• residing at
Pj OF,~••`' My appointment expires - 9-0
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he signed t s
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 y for the uses and purposes mentioned in this instrument.
Dated _
` `,`tlJ14 11118,1
~StONEXA•2,' ~~i'/,
Q'. o~\NOT qP,Y FN s
• Notary Publ'.n =andor a State ashington
PUBLIC o : 0 residing at
Pj; :~eq ~9 ti My appointment expires 02- -
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REF. H:\FAC\FAC2284\E98-906 and BLD0410_.98\STMWATEASE&MAINTAGREE (copy to BLD0411-98,
BLD0412-98, BLD0413-98 and BLD0414-98 files)
Storm Water Easement and Maintenance Agreement
Page 4 of 8
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT "A" AND "B" OF CITY OF AUBURN LOT LINE ADJUSTMENT RECORDED UNDER
KING COUNTY RECORDING NUMBER 9409151193
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Storm Water Easement and Maintenance Agreement
Page 5 of 8
EXHIBIT "B"
STORMWATER POLLUTION PREVENTION PLAN
West Vallev'Plaza II
3902 West Valley Hwy. N.
Auburn, WA
SEPA SEP-0010-98 FAC # FAC xxxx-xx
GRA # GRA xxxx-xx BLD # BLD xxxx-xx
GRA 0025-96 (previous)
Parcel #'s Lot "A" = 158260-0091 Lot "B" = 158260-0092
Introduction:
The West Valley Plaza IT Development Buildings will share a common storm
drainage system comprised of underground storm drainage detention vault
and pipe with a water quality biofiltration swale located on Lot "B".
1 _ All buildings will be retarded as one entity with only one Stormwater
r~ Pollution Prevention Plan.
The Lot "A" Buildings are: 9,960 sf and 9,984 sf. The Lot 113"
Q Buildings are: 8,928 sf, 9,960 sf and 7,643 sf. All buildings will
have an address along west Valley Hwy. North. The total site area is
3.05 acres. The total impervious area of the site is assumed to be at
C 90a or approximately 2.75 acres.
!r~~ The existing storm dra_nace system directs surface water runoff via
art sheet flow from the undeveloped oo_en fields to the north. No connection
to a tightlined public conveyance system has been observed.
The developed storm drainage runoff is conveyed to the storm water
underground detention system. Stormwater runoff is then routed to the
`low control structure and biofiltration swale. Stormwater is then
discharged to the public conveyance system located within west Valley
Hwy. N. Right-of-way.
Plan Goal
The specific purpose for the storm water facility is to minimize
pollution that is typically associated with modern development. In
general, pollution from motor vehicles and pollution generated from
erosion. Attached to this narrative is a maintenance manual which
offers guidelines to the owner for storm water facility maintenance.
Preventative BMP'S
The owner shall be responsible for sweeping the lot, installing storm
drainage stenciling and provide spill control procedures. In case of
soiil call 1-206-649-700.
s
BMP R0.05 Sp_11 Control (sc-type) Oil/ water Separator
R BM? RB.15 Detention Tank (underground concrete vault)
BMP RB.05 Biofiltration Swale
These BMP'S will be inspected a minimum of 2 times per year or as
directed in the Maintenance and Operation Manual. The owner shall keep
a record of inspection and maintenance for a period of 5 years and will
provide a copy of the records and maintenance checklist for the City
Inspector to review.
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 Sections.
Persons of Responsibility: Brekke Properties
(The vault and bioswale will be 8592 Hunts Point Lane
Lot "B" owner's sole responsibility) Bellevue, WA 98004
Ph # (425) 451-1511
(Changes to ownership shall be reported
to the City of Auburn's Utilities Section.)
Storm Water Easement and Maintenance Agreement
,Page 6 of 8
1
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Inspection: Maintenance:
Regular inspections of the drainage facilities should be carried out twice per
year, in the spring and fall. The responsible party should keep records of
these inspections available for review by the City. Additional inspections
may be required after severe seasonal storms.
Routine maintenance of the site will include mowing, care of landscaping and
the removal of trash and debris from the drainage system. 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.
To ensure proper water quality and treatment, the detention vault and the
bioswale must be properly maintained. During summer months the grasses must
be mowed regularly, maintaining a grass', length of approximately 3 inches to 6
inches, with prompt removal and proper disposal of grass clippings and trash
or debris. Removal of any sediment 6 inches deep or covering vegetation is
also necessary within the biofiltraticn'swale. Remove sediments, fertilize,
and. reseed as necessary. Be careful toiavoid introducing fertilizer to
receiving waters or groundwater. If pond side slopes become eroded over 2
inches deep, stabilize by using appropriate erosion control measures (e.g.,
rock reinforcement, planting of grass, compaction).
Catch Basins shall be cleaned when sumpiis 1/3' full of sediment or.debris.
Storm Water Easement and Maintenance Agreement
Page 7 of 8
1
INSPECTION / MAINTENANCE CHECKLIST
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STRUCTURE
DATE QF.INSPECT[ON: MAINTENANCE::
Mainl?enasAce
Date
Comments
Inspection
ALL CATCH BASINS
Results
Maintenance
Done
DETENTION VAULT
Inspection
Results
Maintenance
Done
1
PLOW CONTROL
Inspection
STRUCTURE
Results
Maintenance
Done
SIOSWALE
Inspection
Results
Maiatena nce
Dore
Inspection
Results
Maintenance
IDcne
WW/bd
REF. H:\FAC\FAC2284\E98-906 and BLD0410_.98\STMWATEASE&MAINTAGREE (copy to BLD0411-98,
BLD0412-98, BLD0413-98 and BLD0414-98 files)
Storm Water Easement and Maintenance Agreement
Page 8 of 8
STORMWATER POLLUTION PREVENTION PLAN
West Valley Plaza II
3902 West Valley Hwy. N.
Auburn, WA
SEPA # SEP-0010-98 FAC # FAC xxxx-xx
GRA # GRA xxxx-xx BLD # BLD xxxx-xx
GRA 0025-96 (previous)
Parcel #'s Lot "A" = 158260-0091 Lot "B" = 158260-0092
Introduction:
The West Valley Plaza II Development Buildings will share a common storm
drainage system comprised of underground storm drainage detention vault
and pipe with a water quality biofiltration swale located on Lot "B".
All buildings will be regarded as one entity with only one Stormwater
Pollution Prevention Plan.
The Lot "A" Buildings are: 9,960 sf and 9,984 sf. The Lot "B"
Buildings are: 8,928 sf, 9,960 sf and 7,643 sf. All buildings will
have an address along West Valley Hwy. North. The total site area is
3.05 acres. The total impervious area of the site is assumed to be at
90a or approximately 2.75 acres.
The existing storm drainage system directs surface water runoff via
sheet flow from the undeveloped open fields to the north. No connection
to a tightlined public conveyance system has.been observed.
The developed storm drainage runoff is conveyed to the storm water
underground detention system. Stormwater runoff is then routed to the
flow control structure and biofiltration swale. Stormwater is then
discharged to the public conveyance system located within West Valley
Hwy. N. Right-of-way.
Ci Plan Goal
The specific purpose for the storm water facility is to minimize
pollution that is typically associated with modern development. In
general, pollution from motor vehicles and pollution generated from
C erosion. Attached to this narrative is a maintenance manual which .
offers guidelines to the owner for storm water facility maintenance.
T
V~ Preventative BMP'S
The owner shall be responsible for sweeping the lot, installing storm
drainage stenciling and provide spill control procedures. In case of
spill call 1-206-649-700.
* BMP RO.05 Spill Control (sc-type) Oil/ Water Separator
* BMP RB.15 Detention Tank (underground concrete vault)
* BMP RB.05 Biofiltration Swale
* - These BMP'S will be inspected a minimum of 2 times per year or as
directed in the Maintenance and Operation Manual. The owner shall keep
a record of inspection and maintenance for a period of 5 years and will
provide a copy of the records and maintenance checklist for the City
Inspector to review.
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 Sections.
Persons of Responsibility: Brekke Properties
(The vault and bioswale will be 8592 Hunts Point Lane
Lot "B" owner's sole responsibility) Bellevue, WA 98004
Ph # (425) 451-1511
(Chances to ownership shall be reported
to the City of Auburn's Utilities Section.)
v , J
Inspection: Maintenance:
Regular inspections of the drainage facilities should be carried out twice per
year, in the spring and fall. The responsible party should keep records of
these inspections available for review by the City. Additional inspections
may be required after severe seasonal storms.
Routine maintenance of the site will include mowing, care of landscaping and
the removal of trash and debris from the drainage system. 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.
To ensure proper water quality and treatment, the detention vault and the
bioswale must be properly maintained. During summer months the grasses must
be mowed regularly, maintaining a grass length of approximately 3 inches to 6
inches, with prompt removal and proper disposal of grass clippings and trash
or debris. Removal of any sediment 6 inches deep or covering vegetation is
also necessary within the biofiltration swale. Remove sediments, fertilize,
and reseed as necessary. Be careful to avoid introducing fertilizer to
receiving waters or groundwater. If pond side slopes become eroded over 2
inches deep, stabilize by using appropriate erosion control measures (e.g.,
rock reinforcement, planting of grass, compaction).
Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris.
Q:
Ci
C
M1
INSPECTION / MAINTENANCE CHECKLIST
1~V
1
C
O
C
?1
STRUCTURE
DATE OF INSPECTION / MAINT9NANCE
MaInieun"Xce
Date
Comments
Inspection
ALL CATCH BASINS
Results
Maintenance
Done
DETENTION VAULT
Inspection
Results
Maintenance
Done
FLOW CONTROL
Inspection
STRUCTURE
Results
Maintenance
Done
i
BIOSWALE
Inspection
Results
Maintenance
Done
Inspection
Results
Maintenance
Done
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