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Home My WebLink About19990712000640 STORM EASEMENT 071299A a. ► 3 Re_rn Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (r'AUUUII-y8 anti DLLU41U niru U41 Reference # (if applicable): N/A Grantor/Borrower: 1) Brekke Properties Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: City of Auburn NW -/u,''1-21-4 158260-0092 & 158260-0091 Additional on page: 2) Additional on page: Additional on page: .Jr THIS EASEMENT AND AGREEMENT made and entered into this day of 19 , 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 Highway N., Auburn, WA 98001 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 $ 19990712000640 PAGE 001 OF 008 07/12/1999 10:14 KING COUNTY, WA CITY OF AUBURN EAS 15.00 A 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 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 19990712000640 PAGE 2COUNTY1 WA ~III~I~~~II1~ KING 04 CITY OF AUBURN EAS 15.00 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 eLmq DIRECTOR OF PUBLIC WORKS Owner Date J ' Storm Water Easement and Maintenance Agr.P-----~' Page 3 of 19990712000640 PAGE 003 OF 008 07/12/1999 10:14 CITY OF AUBURN EAS 15.00 KING COUNTY, WA STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Toh h !,z'/ • '6 r-e k16 e- 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 instrument and acknowledged it as the MA no 7 Pr of eve ~x (::e St VAIl ley , LLC~ , a EerAewation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 31(g-.Lq y L\N E• e•,, \C5 /V 0 A : vo NOTARY ~P -:--1 c,, -~O PUBLIC STATE OF WASHINGTON) )ss. County of King ) Notary Publi in and for the St e of Washington residing at If e r 2 Co- - - My appointment expires li y lD I I certify that I know or have satisfactory evidence thatb6j-t~~ EMA~ is the person who appeared before me, and said person acknowledged that he signed is 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~ct ls, lgarty for the uses and purposes mentioned in this instrument. Dated ( ' I I.. 0 •0 CM. Z VBVG Notary Publ' in an d for the to of Was ing on ~.ck P ft residing at ~'.,••BgUAR~: My appointment expires ~~'q~OFVdPS %ftept o WW/bd REF. H:\FAC\FAC2287\E99-320 Storm Water Easement and Maintenance Agreement Page 4 of 19990712000640 ~I III PAGE 004 OF 008 07/12/1999 CITY OF AUBURN EAS 15.00 KING COUNTY, 10WA f EXHIBIT "A" LEGAL DESCRIPTION LOT "A" &'4B" OF CITY OF AUBURN LOT LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9409151193 Storm Water Easement and Maintenance Agreement Page 5 of 8 19990712000640 PAGE 005 OF 008 07/12/1999 10:14 KING COUNTY, WA CITY OF AUBURN EAS 15.00 EXHIBIT "B" FROM POE ENGINEERING, INC. FAX NO. : 206 659 5207 Mar. 16 1999 04:JbFM N2 S-roRMWATF:R POLLUTION PREVENTION PLAN Jtest Valley Plaza II . 3902 (test Valley Hwy. N. Auburn, WA SEPA k 5 EP-0010-98 PAC k PAC xxxx-xx GRA k GRA XXXX-xx BLD k BLD xxxx-xx GRA 0025-96 (previous) Parcel k's Lot •A"-= 158260-0091 Lot "e" • 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 9,994 sf. The Lot "e" 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 90t 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. 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 BOP'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 R3.15 Detention Tank (underground concrete vault) • BMP RB.05 Biofiltration•Swale These B1,M'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. Persona of Responsibility: Brekke Properties (The vault and bioswale will be 8592 hunts Point Lane Lot "B" owner's sole responsibility) Bellevue, WA 98004 Ph k (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 19990712000640 PAGE 006 OF 008 07/12/1999 10:14 CITY OF AUBURN EAS 15.00 KING COUNTY, WA rROM POE ENGINEERING, INC. FAX NO.': 206 659 $207 Mar. 16 1999 04:36PM P3 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 I 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, fertiliz" and reseed as necessary. Be careful to avoid introducing fertilizer to receiving waters or-groundwater. If pond side slopes become eroded ever 2 inches deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). " .y Catch Basins shall-be cleaned when sump is 1/3' full of sediment or debris. Storm Water Easement and Maintenance Agreement Page 7 of 8 19990712000640 PAGE 007 OF 008 ~~ul~~il~~ IIII !~!d Ili ! II VIII 07/12/1999 10:14 KING COUNTY CITY OF AUBURN EAS 15.00 , WA FROM : POE ENGINEERING, INC. FAX NO. : 206 859 5207 Mar. 16 1999 04:37PM P4 INSPECTION / MAINTENANCE CHECKLIST STRUCTURE Ma A?eun" Ace Date Comments Inspection ALL CATCH BASINS Results Maintenance Done Inspection DETZZITION VAULT Results Maintenance Done FLOW CONTROL Inspection S:R=TURE Results Maintenance Done Inspection 8I0574ALE Results Maintenance Deese Inspection Results Maintenance Done WWlbd REF. HAFACTAC2287\ 99-320 Storm Water Easement and Maintenance Agreement Page 8 of 8 19990712000640 PAGE 008 OF 008 07/12/1999 10:14 KING COUNTY, WA CITY OF AUBURN EAS 15.00