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HomeMy WebLinkAbout20000919000523 STORM EASEMENT 091900A ~ .13. oti crx ci t.n C-J: C=) Cn Return Address: City of Auburn City Clerk 25 West Main 20000919000523 , WA 98001 Auburn PACIFIC NW TIT EAS 16.00 PAGE 001 OF 009 09/19/2000 11:08 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00012-98, BLD0219-98) _ -4,53 Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Rainier View Properties, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 1/4,11-21-04 Additional on page: Assessor's Tax Parcel ID#: 030351-0150 C?/16 -AMWr lu--(o.,5P-2 -12 THIS EASEMENT AND AGREEMENT made and entered into this day of C=a f-~11~E►y~S'I► , 199 Jr, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Rainier View Properties, LLC, a Washington Limited Liability Company, located at 1602 Pike Street NW, Auburn, WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 1610 20" Street 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 Storm Water Easement and Maintenance Agreement Page I of 9 EXCISE TAX NOT REQUIRED King Cou ty rA s Division 8Y: 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 M WHEREAS, the parties are both desirous of permitting inspection of the storm system to o make certain that it is functioning properly and for purposes of determining the appropriate o repairs. C71 a, NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: C_7 o° 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. FA00012-98, 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 9 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. MIS c*+ O' 0 o• car: rn 0 C7 C=:) O cv CITY OF AUBURN DIRECTOR OF PUBLIC RKS Ssi 4lit h1►N KZ-9- Date ~M1~e:•~ IIU~oA Owner Date d Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF 4W IN67MO ) )ss. COUNTY OF I ►J Cr ) Cn Cwt ~n 0 0 0 O7 rn 0 C3 a CJ C-4 I certify I have know or have satisfactory evidence that D ~Y~, 1 1 ~tJL~ -ewe-the personewho appeared before me, and said ersor4i<acknowledged that&)~ signed this instrument on oath stated that&s~ as weFe•authorized to execute the instrument and acknowledge as the Qrt i ems' a V- voluntary act of such party for Dated of ,x„6;4, y r : i,ApTAgY o r a limited liability company, to be the free and uses and purposes mentioned in the instrument. S+ac ►J Notary Public ' and or the State of Washington residing at My appointmen expires -`~-ab6Z~ ' 00, 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 si d 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 of such party for the uses and purposes mentioned in this instrument. Dated $-5-9 5< % P~ L.. lCp giON' y - : o NOTARY N. Notary Publ' in and fort State of Washington N'.~o PUBLIC oo; 0 . residing at %'I .9 A N0 "C?~: My appointment expires DM/bd ° ° ^ ^ a~~• REF. H:\FAC\FAC1284\E98-726 and BLD0219 .98\STMWATEASE&MAINTAGRMNT Storm Water Easement and Maintenance Agreement Page 4 of 9 "EXHIBIT A" LEGAL DESCRIPTION: LOT 15, AUBURN PARK OF INDUSTRY DIVISION II, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 114, OF PLATS, PAGE 5 AND 6, IN KING COUNTY, WASHINGTON, EXCEPT EAST 175.52 FEET THEREOF; TOGETHER WITH LOT 17 OF SAID PLAT, EXCEPT EAST 415.52 FEET OF SAID LOT 17; ALSO KNOWN AS LOT 15, REVISED, AS SHOWN ON CITY OF AUBURN LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 8109019002. LOT 15, REVISED, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 15 BEING COINCIDENT WITH THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION I 1 TOWNSHIP 21 NORTH RANGE 4 EAST WM IN KING COUNTY, WASHINGTON. THENCE SOUTH 0l ° 11' 11" WEST; 438.47 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF'THt NORTHEAST QUARTER, BEING COINCIDENT WITH WESTERLY LINE OF,SAD PLAT, TO THE SOUTHWEST CORNER OF LOT 15, BEING COINCIDENT WIThI^'" THE NORTHWEST CORNER OF LOT 18, THENCE SOUTH 88° 49' 17" EAST, 314.91 FEET ALONG THE SOUTHERLY LINE OF LOT 15 TO THE SOUTHEAST tin a CORNER OF SAID LOT, THENCE NORTH 1° 10'43" EAST, 409.43 FEET ALONG THE EASTERLY LINE OF LOT 15 TO THE SOUTHERLY MARGIN OF 20TH C" STREET NW AS SHOWN ON SAID PLAT AT A POINT OF CURVATURE, THENCE ALONG SAID SOUTHERLY MARGIN NORTHWESTERLY 48.10 FEET o ALONG AN ARC OF A NON-TANGENT CURVE TO. THE RIGHT HAVING A o RADIUS OF 50 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 24° 10' 1" ~ EAST THROUGH A CENTRAL ANGLE OF 55° 6' 57" TO THE NORTH LINE OF c.i SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER BEING COINCIDENT WITH THE NORTH LINE OF SAID LOT 15, THENCE SOUTH 89° 50' 15" WEST, 285. 53 FEET ALONG THE NORTH LINE OF LOT 15 TO THE POINT OF BEGINNING CONTAINING 3.18 ACRES MORE OR LESS. PARCEL NUMBER 0303510150 Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT "B" Cn Stormwater Pollution Prevention Plan cv fo r o Aero Controls, Inc. Bldg. o SEPA 40013-98 BLD #0219-98 FAC #0012-98 Cn 0 Site Address c_= 0 1610 20`' St NW cv Auburn. WA 98001 Tax Parcel #03035 1-0 1 50-00 The project is located in Section 11, Township 21 North, Range 4 East, W.M., in the southwest corner of the intersection at 20`h St NW and `R' St NW in the City of Auburn. Introduction The site encompasses an area of approximately 3.2 acres. Under developed conditions the site will include a building with footprint of approximately 0.6 acres, a paved area of approximately 1.5 acres, landscaped area of approximately 0.3 acres and undeveloped area of approximately 0.8 acres. Approximately 32.7 acres to the west of the site contributes runoff across the site. Runoff from 32.4 offsite acres is collected and conveyed across the northwest comer of the site via an existing stream. The stream is located within the undeveloped portion of the site and discharges into the City storm drain system to the north of the site. Runoff from the 32.4 offsite acres and the 0.8 acre undeveloped area will be collected in the stream consistent with existing conditions and will not enter the developed portion of the property. The remaining 0.3 offsite acres flows into the portion of the site which is to be developed and is collected in the storm drain system. Runoff from the paved and landscaped areas will be directed through the on-site bioswale and into the detention pipes prior to discharge into the City storm drain system. Runoff from the roof will be directed into an infiltration system located under the bioswale. If the quantity of roof runoff should exceed the design quantity (including the 1.3 safety factor), the excess overflow will be to detention pipes prior to discharge into the City storm drain system . A small portion of the parking area cannot be collected in the bioswale or detention pipes. This area amounts to approximately 0.3 acres in the northeast comer of the site. Runoff from this area will be directed into two catchbasins located along the curb in the driveway entrance for direct discharge into the City storm drain system. Although this runoff will not be detained, sizing calculations for the detentioin system included this area. Runoff from the site enters the City storm drain system at the corner of `R' St NW and 20`h St NW. Runoff proceeds along 20`h under the West Valley Highway where it is eventually discharged into Mill Creek. The use of the facility will not involve using or storing any materials outside the building. The only potential source of pollution is from vehicular use and fertilizer use on landscaping. The stormwater treatment system is designed in accordance with the criteria outlined in the Washington State Department of Ecology Stormwater iWanagement Manual for the Puget Sound Basin (1992). Storm Water Easement and Maintenance Agreement Page 6 of 9 Elan Goal The goal of this plan is to infiltrate roof runoff, and to collect, treat and detain stormwater runoff from the paved and landscaped areas. Treatment for up to the 6 month design storm will occur in a bioswale as required by the City of Auburn Standards. Preventative BINIP's Preventative BMP's are primarily geared toward control of any chemicals which may be used in the manufacturing process as well as minimizing the amount of sediment entering the storm drain system. With the exception of packaging materials and office waste materials which are stored in outside dumpsters for recvcling and disposal, no waste materials will be used or stored outside the building. Regulated waste materials associated with the manufacturing processes are kept inside the building and stored, used. shipped, and tracked in accordance with State Department of Ecology Regulations. All chemicals are stored and used inside the building in accordance with local state and federal regulations. Each year a report is sent to DOE showing waste generation and manifest documentation for all hazardous chemicals. Each year the local fire department inspects the facility. MSDS files are maintained for each chemical. Employees receive training on the handling, use and containment for disposal on an ongoing basis. The supervisor responsible for maintaining hazardous waste compliance implements the substitution of lower risk chemicals when possible. To reduce the risk of release of waste into the storm drain system, all catchbasins or manholes with grates shall have stenciled next to them "DUMP NO WASTE-DRAINS TO GROUNDWATER". e+n cv wr. To minimize sediment that may enter the system, the parking lot shall be swept as necessary to remove ° debris. In addition, a grasscrete area is provided for settlement before the runoff enters the bioswale to e=, remove any additional sediment. cn 0 0 O C'V Treatment BMP's Treatment BMP's are primarily geared toward petrochemicals from vehicles which could accumulate on impervious parking surfaces. Stormwater from the main parking area will be routed through the bioswale. Overflow will be provided so that the stormwater depth over the bioswale does not exceed three inches. Excess runoff will bypass the bioswale and be conveyed directly to the detention pipes. Vegetation in the bioswale will be maintained a minimum one inch above the design flow level or at a minimum four inches high. An Oil Pollution Control Device will be installed on the outlet pipe in the last manhole prior to discharge into the City storm system. Inspection Periodic inspection of the described facilities is important to their ability to function as intended. All facilities including the bioswale, catchbasins, manholes, infiltration sytem and detention pipes will be inspected at least two times per year and after periods of heavy runoff. Inspection will note any damage to the facility, sediment, debris, trash or floatable accumulation, and where applicable, quality of vegetation. Records for inspection and maintenance will be kept for 5 years after construction is complete and be available for the City Inspector to review. Storm Water Easement and Maintenance Agreement Page 7 of 9 c. Maintenance CV U-) o To ensure proper operation and treatment the described facilities must be routinely maintained according to o findings from the inspection report. 0 Q7 Bioswales - Bioswales must be regularly mowed to maintain grass height between four and six inches. Grass clippings will be removed and properly disposed of. Where sediment accumulates in the bioswale or o in the grasscrete area, it will be removed. Sediment will not be allowed in excess of six inches deep. Where deep sediment covers vegetation, the sediment shall be removed, grading performed as necessary o and the area reseeded and fertilized. Care shall be taken so that fertilizers shall not enter groundwater or o the receiving svstem. c., Trash or debris collected in the bioswale or in the trash rack shall be removed when evident. Also poisonous vegetation, trees or dead vegetation which may hinder the performance of the bioswale shall be removed when evident. Where erosion damage is apparent, slopes should be stabilized with proper erosion control measures. Catchbasins and Manholes - Sediment, trash and debris must be periodically removed from the facility sumps or grates. Any damage to the structure walls or base shall be repaired or in severe cases the structure shall be replaced to design standards. Grates or cover shall be repaired or replaced if misaligned, cracked or missing. Chemicals which may collect in the structure shall be removed so that no more than surface film remains. Detention Pipes - Sediment must be periodically removed from the detention pipes so that capacity will not be limited. Any vegetation or root growth that restricts flow will be removed. Infiltration Pipe - Sediment collecting in the pipe must be removed so that the facility can operate as intended. In addition, any vegetation or root growth that restricts proper operation of the infiltration pipe will be removed. Person of Responsibility Stephen K. Parent, P.E. Aero Controls, Inc. 1610 20`h St NW Auburn, WA 98001 (253) 735-3350 Prepared by: Lorna J. Mauren, P.E. Cosmopolitan Engineering Group, Inc. 117 S 8`h Street Tacoma, WA 98402 Plan and/or Information Updates 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 Section. Storm Water Easement and Maintenance Agreement Page 8 of 9 INSPECTION / MAINTENANCE CHECKLIST c~ pw, um. 0 Cr) Vr- csY ca C=) O C"4 Structure Date of Inspection / Maintenance j i CBI Inspection Results ` Maintenance Done C13R2 Inspection Results Maintenance Done CBR3 Inspection i Results Maintenance f Done MH# 1 Inspection Results Maintenance Done iv1Hn2 Inspection Results Maintenance Done MHK3 Inspection Results Maintenance Done ititHrc4 Inspection Results Maintenance Done Bioswale Inspection Results f Maintenance Done Detention Pipes Inspection Results Iblaintenance Done Infiltration Pipe Inspection Results 4 Maintenance Done DM/bd REF. H:`FAC\FAC1284\E98-726 and BLD0219 .98\STMWATEASE&MAINTAGRMNT Storm Water Easement and Maintenance Agreement Page 9 of 9