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HomeMy WebLinkAbout20000301000869 STORM EASEMENT 030100Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001. III 1111111111111111111111 20000301000869 PACIFIC NW TIT EAS 25.00 PAGE 001 OF 010 03/01/2000 12:09 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAC0014-97) (D Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) OPUS NW, LLC 2) Additional on page:' rn Grantee/Assignee/Beneficiary: City of Auburn oxcs Legal Description/SIR: SW 1/4, 31-22-5 & NW ''/4, 6-21-5 Additional on page: . 4= Assessor's Tax Parcel ID#: 232973-0110, 0040, 0030, 0020, 0 C= 0070, 0080, 0090, 0010, 0100 r-- C=:) @ THIS EASEMENT AND AGREEMENT made and entered into this day of +9-z wo, by and between the City of Auburn, a municipal corporation of King County, ashington, hereinafter referred to as "CITY" and OPUS NW, LLC, located at 200 112 Ave. NE, Suite 205, 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 Emerald Corporate Park 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 rut~ii with the land and binding upon all heirs5 successors and assigns of both parties; arties• and record a' ocur a .111 0) rare filed for by Pacific ribwiast Ttie as 11, ti.~_.. Storm Water Easement and Maintenance Agreement exwninod as to propar ex©cu!lon or Page 1 of 10 EXCISE TAX NOT REQUIRED as to its effect upon title. o. Re rds Division 8 . Deputy 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 cnCO. m 0 0 0 0 0 0 c+ cv~ 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 No. FA00014-97, 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 10 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 WO S Owner Date 01) C} C= CrI 0 Q Q Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 10 STATE OF WASHINGTON) )ss. COUNTY OF KING ) C-~, Lim, C:D. C- CD ['7 0 CrI o. c~ ,Q N I certify I have know or have satisfactory evidence that T. P-Vexo~'X 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/were authorized to execute the instrument and acknowledge as the Vice- Ptw-s ig 4-s 1" of the Opus N~-•~-u~. L. c., a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated i a. .6+ •R,°j 0 N .......W 04 .04 0,0TAftk i PU B L%C o Notary Public in and for the State of Washington •,;~~~......~,•,,.N~'; % residing at 3.e l/e y y F WAS My appointment expires (Vll s l Q.00 's- STATE OF WASHINGTON) . )ss. County of King ) I certify that I know or have satisfactory evidence that C t l~ s + - P1. F- N q k-e- 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 of such party for the uses and purposes mentioned in this instrument. Dated " 7I o0 .40 :0 NOTA ry m•, 10 10 . 0~ . ,Ill 9••'~ • 19 WW/bd REF. H:\FAC\FAC14725\E99-1410 N~tary Public in and for the a e o Washington residing at M rf E 2- My appointment expires it 1i iTo-3 Storm Water Easement and Maintenance Agreement Page 4 of 10 Exhibit A LEGAL DESCRIPTION A PARCEL OF LAND LYING WITHIN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, AND ALSO LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, COMPRISING OF THE PLAT OF EMERALD CORPORATE PARK, AS RECORDED IN VOLUME 187 OF PLATS AT PAGES 45 THROUGH 51, RECORDS OF KING COUNTY, WASHINGTON. C=1A C.0 0 O m O cm C c'4 Storm Water Easement and Maintenance Agreement Page 5 of 10 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN FOR EMERALD CORPORATE PARK FAC No. 0014-97 SEP No. 0063-0 SEP No. 008490 Site Address The project is located at the northwest comer of the intersection of 37th Street N.E. and Auburn Way North in Auburn, Washington, in Section 6, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington. The tax parcel number is 312205-9C93. Introduction The project will consist of new warehouse buildings and the associated parking lots, storm drainage, and utility construction. The area of the project is 53.4 acres, of which approximately 85 percent will be impervious. On-site drainage will be picked up by catch basins and conveyance system to a storm drainage detention/water quality pond located at the northwest property comer. Roof drainage from the buildings will be conveyed directly into the catch basin system previously described. Storm drainage discharges from the proposed pond via storm drain tightline system to Auburn Way North and ultimately discharges to the Green River. The total developed area draining to the storm drainage detention/water quality pond is 53.4 acres, of which 8.0 acres will be pervious, consisting of lawns, landscaping, etc. 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 wet/detention and 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. 6122.001 11GWwAdl Storm Water Easement and Maintenance Agreement Page 6 of 10 r 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. Treatment BMPs The on-site storm drainage detention/water quality pond has been designed as a combined 2 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 CM-1 L IM CC> cm r-- a M C=:) C= 0 0 t:v 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 poled must be properly maintained. Following is a maintenance requirement which must be followed. Maintenance Conditions Wben Maintenance, is Rm s FApectM rien Maintenance CID ' eoi Defect; i+teeded• Ls_Perfoimed. .1 mpO.Q General Trash & Debris Poisonous Vegetation Pollution 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 hazard; or 3) be flushed downstream during rain scorns. Trash and debris cleared from site. No danger of poisonous vegetation where City personnel or the public might normally be. (Coordination with Seatde/Kirrg County Health DeparcmenL) No contaminants present other than a surface film. (Coordination with Seattle/King County Health Department.) 6122.001 [JGHleclbdl Storm Water Easement and Maintenance Agreement Page 7 of 10 Unmowed if facility is located in private residential When mowing is needed, grass/ground Grass/ Ground area, mowing is needed when grass cover should be mowed to 2 inches in Cover exceeds 18 inches in height. In other height. areas, the general policy is to make the pond site match adjacent ground cover and terrain as long as there is no interference with the function of the facility. c0> 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 repaired. (Coordination with of water piping through dam or berm via Seattle/King County Health rodent holes. Department.) Insects When insects such as wasps and hornets Insects destroyed or removed from ° interfere with maintenance activities. site. cY-r, o, Tree Growth Tree growth does not allow maintenance Trees do not hinder maintenance Q access or interferes with maintenance activities. Selectively cultivate trees O activity (i.e., slope mowing, silt removal, such as, alders for firewood. o vectoring or equipment movements). If N trees are not interfering with access, leave trees alone. Side Slopes of Erosion Eroded damage over 2 inches deep where Slopes should be stabilized by using Pond cause of damage is still present or where appropriate erosion control measure(s): there is potential for continued erosion. e.g., rock reinforcement, planting of grass, compaction. Storage Area Sediment Accumulated sediment that exceeds 10% Sediment cleaned out to designed pond of the designed pond depth. c shape and depth; pond reseeded if necessary to control erosion. Pond Dikes Settlements Any part of dike which has settled 4 Dike should be built back to the design inches lower than the design elevation. elevation Emergency Rock Missing Only one layer of rock exists above native Replace rock to design standards. Overfill/Spillway soil in area five square feet or larger, or any, exposure of native soil. Storm Drainage Pump Station The storm drainage system for this project includes a pump station to pump the storm run-off from the project site to the detention facility. Storm drainage run-off from the detention pond would gravity flow off-site. The storm drainage pump station is designed to pump 100 year/24 hour flow generated from the project to the detention facility. Enclosed with this report is a copy of the pump specifications and manufacturer's contact person for any repair needed to this pump. The wet well for the pump station shall be inspected and cleaned a minimum of twice a year and after any major storm. Please refer to the enclosed manufacturer's specification for pump details. 6122.001 [JGH/m/bdl Storm Water Easement and Maintenance Agreement Page 8 of 10 . cs an Crl Q O . o Cam.! Person of Responsibility Opus Northwest LLC 200 112th Avenue N.E., Suite 205 Bellevue, WA 98004 (425) 453-4100 Engineer Preparing Plan Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251-6222 5122.001 [JGH/Mibdl Storm Water Easement and Maintenance Agreement Page 9 of 10 f I , . INSPECTION/MAINTENANCE CHECK-LIST rn Lo 00 C:.,.~~ Q a. o, cY-~ o. C=k 0 ci COY Structure Date of Inspection/Maintenance Description Inspection Date Inspection Result Maintenance Done . VVW REF. H:\FAC\FAC14725\E99-1410 6122.001 [JGH/ec/bdl Storm Water Easement and Maintenance Agreement Page 10 of 10