HomeMy WebLinkAbout20010228000753 UTILITY EASEMENT 022801V.
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Reference # (if applicable):
Grantor/Borrower:
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20010228000753
PACIFIC NU TIT EAS 24.00
PAGE 001 OF 000
02/28/2001 10:04
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
ACUU37-99) I-AlA// 4 (,U - Z50`y/-/C..
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1) 277` Associates, LP
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW 36-22-04
Assessor's Tax Parcel ID#: 362204-9004
Additional on page:
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Additional on page: 15'
C'14 THIS EASEMENT AND AGREEMENT made and entered into this 3)5 day of aA~ 2~, by and between the City of Auburn, a municipal corporation of
Ding County, ashington, hereinafter referred to as "CITY" and 27Th Associates, LP, a
cm Washington limited partnership, located at 1560 140 Ave. NE, Suite 100, Bellevue, WA 98005,
425.747.1726, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 5110 Frontage Road 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 9 Ei(ir,1;z. TM NOT REC?{ IRE-D
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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.
r- NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
c THE PARTIES AGREE AS FOLLOWS:
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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
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for the City of Auburn under Permit No.FAC0037-99; 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 sllall 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 9
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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 WORIO
O ner . ` Date - "
Owner Date
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Storm Water Easement and Maintenance Agreement
Page 3 of 9
STATE OF WASHINGTON)
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County of King )
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I certify that I know or have satisfactory evidence that
-and. is/awthe person(s) who appeared before
me, and said partner(4) acknowledged that he/she/they signed this instrument and acknowledged
it to be his/her/their free and voluntary act for the uses and purposes mentioned in this
instrumen
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STATE OF WASHINGTON)
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County of King )
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of Washington
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I certify that I know or have satisfactory evidence that (~,n S ~ e- {O •
is the person who appeared before me, and said person acknowledged thatle signed 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 1(e zoo l
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Notary Publi'ein and for the State of Washington
residing at 14~ COu.
My appointment expires 11 - 1-9 - o
REF. FAC99-0037 (STM WAT EASE & MAINT AGREE)T00-1042
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
LOT 1=
That portion of the William A Cox Donation Land Claim in Section 36, Township 22 North, Range 4
East, W.M., lying West of the Puget Sound Electric Railway right-of-way in said Section 36, as
conveyed by right-of-way deed recorded under Recording No. 21219;
And that portion of Government Lot 4 in Section 36, Township 22 North, Range 4 East W.M.;
EXCEPT that portion conveyed to King County for South 277th Street by deed recorded under King
County Recording No. 4714893,
AND EXCEPT that portion condemned in King County Superior Court Cause No. 650447 for primary
State Highway No. 5 (SR 167);
AND EXCEPT that portion conveyed to the state of Washington for highway purposes' by deeds
recorded under King County Recording Nos. 6655596 and 6655597;
AND EXCEPT that portion conveyed to the state of Washington for Frontage Road by deed under King
County Recording No. 7412310319;
AND EXCEPT that portion thereof conveyed to the City of Auburn for 52nd Street Northwest (South
277th Street) by deed recorded under King County Recording No. 9106210863;
Lying North of the following described line;
COMMENCING on the intersection of the South margin of said 52nd Street N.W. (South 277th Street)
as conveyed by King County Recording Nos. 4714893 and 9106210863 with the West margin of said
Puget Sound Electric Railway right-of-way,
THENCE South 01' 14' 47' West, 545.00 feet along said West margin to the TRUE POINT OF
BEGINNING of herein described line;
THENCE North 88' 45' 33' West, 1,113.11 feet more or less to the East margin of the Frontage
Road conveyed to the state of Washington under King County Recording No. 7412310319 and the
terminus of herein desanbed line.
Situate in the City of Auburn. County of ling, state of Washington.
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Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT `B'
STORMWATER POLLUTION PREVENTION PLAN
FOR
277TH INDUSTRIAL PARR
SEP No. 0038-97
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Site Address
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The project is located at the southeast corner of the intersection of 277th Street N.E. and Frontage Road, in
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Auburn, Washington, in Section 36, Township 22 North, Range 4 East, Willamette Meridian, King County,
Washington. The tax parcel number is 362204-9004.
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V.- Introduction
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N The project will consist of commercial buildings and associated parking lots, storm drainage, and utility
construction. The area of the project is 10.8 acres, of which 7.2 acres will be developed.
On-site drainage will collected by catch basins and conveyed to a storm drainage detention/water quality pond
located at the southwest 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 at the southwest corner of the site.
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.
Storm Water Easement and Maintenance Agreement
Page 6 of 9
Treatment BMPs
The on-site storm drainage detention/water quality pond has been designed as a combined two-cell wet pond,
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.
Up J ry 4` 61 1t~M~7 r 4E 4 k
Maintenance ` Condrtioos %bea MAintenanee Is Needed, Results Faipected,When Marmteuanee L4
CamPoae~.3+.. f[ i_ ~ Defcd ` ~ 7;~ - 4 ~ i, ~ ~ ~ A1.F19 , i ~ 1 )rheHormed cl d3 , h i ~ a
General Trash & Debris Any Trash and debris which exceed I cubic Trash and debris cleared from site.
foot per 1000 square feet (this is about equal
to the amount of trash it would rake to fill up
one standard size office garbage can). In
general, there should be no visual evidence of
dumping.
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Poisonous _
Any poisonous vegetation which may
No danger of poisonous vegetation where
Vegetation
constitute a hazard to City personnel or the
City personnel or the public might normally
public. Examples of poisonous vegetation
be. (Coordination with Seattle/King
include: tansy ragwort, poison oak, stinging
County Health Department.)
nettles, devils club.
Pollution
oil, gasoline, or other contaminants of one
No contaminants present other than a
gallon or more or any amount found that
surface film. (Coordination with
could: 1) cause damage to plant, animal, or
Seattle/King County Health Department.)
marine life; 2) constitute a fire hazard: or 3)
be flushed downstream during min storms.
Umnowed
If facility is located in private residential area,
when mowing is needed, gmsslground
Grass/ Ground
mowing is medal when grass exceeds 18
cover should be mowed to 2 itches in
Cover
inches in height. In other areas, the general
height.
policy is to make the pond site match adjacent
ground cover and terrain as long as them is no
inmrferenec with the function of the facility.
Rodent Holes
Any evidence of rodent holes if facility is
Rodents destroyed and dam or berm
acting as a dam or berm, or any evidence of
repaired. (Coordination with Seattle/King
water piping through dam or berm via rodent
County Health Department.)
holes.
Insects
When insects such as wasps and hornets
Insects destroyed or removed from site,
interfere with maintenance activities.
Tree Growth
Tme growth does not allow maintenance
Trees do not hinder maintenance activities.
access or interferes with maintenance activity
Selectively cultivate trees such as alders for
(i.e., slope mowing, silt removal, vectoring or
firewood.
equipment movements). If tees am not
interfering with access, leave trees alone.
Storm Water Easement and Maintenance Agreement
Page 7 of 9
T
Side Slopes of Pond Erosion
Eroded damage over 2 inches deep where
Slopes should be stabilized by using\
cause of damage is still present or where there
appropriate erosion control measure(s):
is potential for continued erosion.
e.g., rock reinforcement, planting of grass,
compaction.
Storage Area Sediment
Accumulated sediment that exceeds 10% of
Sediment cleaned out to designed pond
the designed pond depth.
shape and depth: pond reseeded if
necessary to control erosion.
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Pond Dikes Settlements
Any part of dike which has settled 4 inches
Dike should be built back to the design
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lower than the design elevation.
elevation
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Emergency Rock Missing
Only one layer of rock exists above native soil
Replace rock to design standards.
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Overfill/Spillway
in area five square feet or larger, or any
exposure of native soil.
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Person of Responsibility:
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Northward
1560 - 140th Avenue N.E., Suite 100
Bellevue, WA 98005
(425) 747-1726
Engineer Preparing Plan:
Barghausen Consulting Engineers, Inc.
18215 - 72nd Avenue South
Kent, WA 98032
(425) 251-6222 -
Storm Water Easement and Maintenance Agreement
Page 8 of 9
INSPECTION/MAIIVTENANCE CHECK-List
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Structure
Date of Inspection/Maintenance
C.B.S. No.
Inspection Date
Inspection Result
Maintenance
Done
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REF. FAC99-0037 (STM WAT EASE & MATNT AGREE)1E00-1042
Storm Water Easement and Maintenance Agreement
Page 9 of 9