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Home My WebLink About20020517000785 STORM EASEMENT 051702Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Ef'~`i = TAX QT REQo. cords D$ Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 1701 tsar pr. c~ t-- I-- ~•rs Reference # (if applicable): GrantoriBorrower: AC01-0013, BLD01-0180, N/A 1) Mega West, LLC ®`p Grantee/Assignee[Beneficiary: City of Auburn Legal Description/STR: SE 1/4, 11-21-04E Assessor's Tax Parcel ID#: AFN2001080200 7000785 17.00 Additional on page: 2) Additional on page: R1 i--- Additional on page: -VNwr- Waoo6 -17, THIS EASEMENT AND AGREEMENT made and entered into this /V~ay of 2004 by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Mega West, LLC, located at 3402 W. Valley Hwy. N., Suite 101, 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 1307 W. Valley Hwy. N., 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 Said document(s) were filed for record by Pacific Northwest Title as accommodation only, It has not been Storm Water Easement and Maintenance Agreement Mamma as to proper execution or as to its effect upon title. Page 1 of 9 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 kr3 THE PARTIES AGREE AS FOLLOWS: an C=L' Section 1, EASEMENT 0 PROPERTY OWNER hereby provides an easement over, under and on that portion of the il? property as showing on the approved Record Drawings revised pursuant to construction records o for the City of Auburn under Permit Nos. FACO1-0013, which Record Drawings are hereby CM incorporated by reference as if set out in full. This easement shall be a burden to that real estate o ' c°v 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 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have kn w or have satisfactory evidence that -t-Irkn LX.\4-- is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/wyre authorized to execute the instrument and acknowledge as the V, the U U , a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 6G'1 C= c C] V__ 0 C'V O C CV Dated 4f - S--o 140TMW PUBLIC WA3~. STATE OF WASHINGTON). )ss. County of King ) .4 . Notary Public in and for the State of Washington residing at 4 z.4 1s24w. C , ep.4A , w'~• My appointment expires ! --ia -05- of I certify that I know or have satisfactory evidence that ~ tv►P....) M. ler is the person who appeared befor me, and said person acknowledged that signed th' instrument, on oath stated that +ls authorized to execute the instrumen id 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 4-1$-0z_ t g;pN 0 yi~ ; U y 1 NotaryPublic 'n and for t lie State of Washington ~ ~uC S residing at its ,i+~`~~y 2 g _ o S My appointment expires . 9 -.5 - c 3 r AWms/bd File: 2.1, 4.1 REF. FACO1-0013 (STM WAT EASE & MAINT AGREE)1E01-1549 Storm Water Easement and Maintenance Agreement Page 4 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. CITY OF AUBURN c~ o ' DIRECTOR OF PUBLIC OFX 0 c, 0 4, S-4, cv Ownlhr/ Storm Water Easement and Maintenance Agreement Page 3 of 9 EXHIBIT `A' NEW LEGAL DESCRIPTION PARCEL 1 THAT PART ACCORDING TO AUBURN LLA 0020-93 RECORDED UNDER RECORDING NO. 9302161187 BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 11, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, AND PROCEEDING; THENCE SOUTH 01'10'00" WEST, 881.37 FEET ALONG THE EAST LINE OF SAID SECTION 11; THENCE NORTH 88'50'00" WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89'52'16" WEST, 312.08 FEET; THENCE SOUTH 01'10'00" WEST, 15.00 FEET; THENCE SOUTH 89'52'16" WEST, 958.35 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11; THENCE SOUTH 01'09'52" WEST, 263.82 FEET TO THE NORTH LINE OF THE SOUTH 153.75 FEET OF NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTH 89'52'16" EAST, 1270.43 FEET TO THE WESTERLY RIGHT-OF--WAY LINE OF WEST VALLEY HIGHWAY NORTH; THENCE NORTH 01'10'00" EAST, 278.82 FEET TO THE TRUE POINT OF BEGINNING. e.n (ALSO BEING LOT 1 AND 2 OF LLA 0020-92 RECORDED UNDER RECORDING NO. 9302161187.) rrs c•. C= 0 rte. O c.a Q. . cr.: Storm Water Easement and Maintenance Agreement Page 5 of 9 1 , 1 ' S EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN i i FOR MEGAWEST CORPORATE PARK FAC No. 01-0013 GRA No. 00-0024 Site Address The project is located in the southeast quarter of Section 11, Township 21 North, Range 4 East, Willamette. Meridian, approximately one-half mule south of the intersection of 15th Street N.W. and West Valley Highway, situated west on West Valley Highway, Auburn, Washington. The site address is 1307 West Valley Highway North. The tax parcel number is 9302161187. - Introduction Urv m, The project proposes development of approximately 5.0 acres of two existing, single-family residences with e1 heavily wooded and sloped area west of the existing buildings. The developed site consists of one new a c~ warehouse building and the associated parking lot, storm drainage system, and utilities. The stormwater runoff C=b will be conveyed through tightlined drainage systems to the detention facility located adjacent to West Valley Highway, and ultimately released to the existing downstream path. un The slope mitigation includes planting the western half of the site with trees and vegetation and routing the o stormwater runoff through a French drain behind the retaining wall and into the proposed tightlined system. N o The total area draining to the storm drainage detention/water quality pond is 6.67 acres, of which 4.0 acres will ev he impervious. Routed through the detention facility v e 1.7 acres of upstream forested area. Plan Goal The goal of the grading and storm drainage plan is to treat on-site runoff subject to vehicular traffic for water quality by directing all parking lot flows through the storm drainage detention/water quality pond. The storm drainage detention system is designed to detain 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. 7530.1110 [N]M/bgl Storm Water Easement and Maintenance Agreement Page 6 of 9 Treatment BMPs 'f he. Dui-site storm drainage detentio»/water quality pond has been designed to detain, convey and treat runoff I*Or conventional pollutants. The City of Auburn Design Manual was used to design the storm drainage detention/water quality pond for water quality treatment. Inspection The storm drainage detentionAvater quality pond shall be inspected at least twice a year and as required 1*01lowing periods of heavy runoff. Maintenance reeords.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 ao maintained. Removal of any sediment that exceeds 10 percent of* the design storm depth is also necessary. Regrade any part of the pond berms that has settled 4" lower than the design elevation. c.~ Person of Responsibility West Valley Partners a 3615 West Valley Highway, #101 Auburn, WA 98001 r.► . 0 c= cry Engineer Preparing Plan Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kew, WA 98032 (425) 251-6222 7530.010 [NJM/bgl Storm Water Easement and Maintenance Agreement Page 7 of 9 INSPECTION/MAINTENANCE CHECKLIST ra->' m K- a Q 0 t- to 0 fV 0 0 •CV Structure Date of Inspection/Maintenance CB No. 1 Inspection Results Maintenance Done CB No. 2 Inspection Results Maintenance Done CB No. 3 Inspection Results Maintenance Done CB No. 4 Inspection Results Maintenance Done CB No. 5 Inspection Results Maintenance Done CB No. 6 Inspection Results Maintenance Done CB No. 7 Inspection Results Maintenance Done CB No. 8 Inspection Results Maintenance Done CB No. 9 Inspection Results Maintenance Done CB No. 10 Inspection Results Maintenance Done CB No. 11 Inspection Results Maintenance Done CB No. 12 Inspection Results Maintenance Done CB No. 13 Inspection Results Maintenance Done 7530.014 [N]M/ithl Storm Water Easement and Maintenance Agreement Page 8 of 9 Ln oc0 t1- 0 0 C', V7 co N •Cz cv CB No. 14 Inspection Results Maintenance Done CB No. 15 Inspection Results Maintenance Done Detention/ Water Quality Pond Inspection Results Maintenance Done YD No. 1 Inspection Results Maintenance Done YD No. 2 Inspection Results Maintenance Done YD No. 3 Inspection Results Maintenance Done AWms/bd File: 2.1, 4.1 REF. PACO1-0013 (STM WAT EASE & MAINTAGREE)TOI-1549 Storm Water Easement and Maintenance Agreement Page 9 of 9