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Home My WebLink About20010228000753 UTILITY EASEMENT 022801V. '/,f u.- Reference # (if applicable): Grantor/Borrower: c*~s c,. cm C3 o. m 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.. N/A 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: 2) Additional on page: 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 ftwrds D;vls;cn t spay 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: 0 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 0 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 I % 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 C'n u1 r- -O3 C" 4 C-.! z-) a Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. County of King ) M U-P r C:? O 0 cr~ N N O t4 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 Dated r~~ r! rJ Cs ~0. 1I D ` r Notary Pul residing at My appoir cm cm .N STATE OF WASHINGTON) )ss. County of King ) ,6nd fpr the r~- a-yt t expires of Washington 2- 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 ; C. w~,lc~ i ~C9 •S$I O IV "c+A '9J ,lt ~ I ` I~ ~;•p tJOTARY Cn'. ~i :U Pt1BL%C ; i~,'s,~ 29 0• . WAS DM/bd 1 r~A C~ ~at C i v~v~Ct e 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. r~ CID e1.e rv r.~ ra Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN FOR 277TH INDUSTRIAL PARR SEP No. 0038-97 C11 Site Address a ca , The project is located at the southeast corner of the intersection of 277th Street N.E. and Frontage Road, in ao Auburn, Washington, in Section 36, Township 22 North, Range 4 East, Willamette Meridian, King County, Washington. The tax parcel number is 362204-9004. N O V.- Introduction Cn O . 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. t"'L r.l'7 r- C=3 txs c~.r C= C:r Cv 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. t*~ r,.C'zt Pond Dikes Settlements Any part of dike which has settled 4 inches Dike should be built back to the design t- lower than the design elevation. elevation O a Emergency Rock Missing Only one layer of rock exists above native soil Replace rock to design standards. O Overfill/Spillway in area five square feet or larger, or any exposure of native soil. N N o Person of Responsibility: C=1 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 a*~ C C..J= O COP N cn c.i Structure Date of Inspection/Maintenance C.B.S. No. Inspection Date Inspection Result Maintenance Done DMJbd REF. FAC99-0037 (STM WAT EASE & MATNT AGREE)1E00-1042 Storm Water Easement and Maintenance Agreement Page 9 of 9