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
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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.
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° NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
~ THE PARTIES AGREE AS FOLLOWS:
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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
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Owner Date
Storm Water Easement and Maintenance Agreement
Page 3 of 12
STATE OF )
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COUNTY OF )
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I certify I have know or have satisfactory evidence that ES C . 1 uAb R
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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
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voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated
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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
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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:
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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:
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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
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OF 502.21 FEET;
THENCE SOUTH 00' 14' 31" WEST, A DISTANCE OF 24.25 FEET TO THE TRUE POINT OF
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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
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08'00'02" WEST, 1864.97 FEET DISTANT;
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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
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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:
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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'
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STORMWATER POLLUTION PREVENTION PLAN
° FOR
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WEST PARK
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° 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
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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
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Side Slopes of Pond
Erosion
Eroded damage over 2 inches deep where cause
Slopes should be stabilized by using
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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.
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Storage Area
Sediment
Accumulated sediment that exceeds 10% of the
Sediment cleaned out to designed pond
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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
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
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exposure of native soil.
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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
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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
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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