HomeMy WebLinkAbout20040102002183 STORM EASEMENT 0102042.12.
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20040102002183
PACIFIC NIJ TIT EAS
PAGE001 OF 019 37.00
01/02/2004 13:19
KING COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): ' r, nN 0
1. Storm Drainage Easement and Agreement 0 9 9-1
Reference Number(s) of Documents assigned or released: N/A
❑Additional reference #'s on page _ of document
inAri u5 to -r-
Grantee: (Last name first) as to its atteztit;p°n"°
J & J Auburn, LLC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE 31-22N-05E & NW 06-21N-05E
❑ Additional legal is on page _ of the document.
Assessor's Property Tax Parcel/Account Number:
232973-0110
❑ Assessor Tax # not yet assigned
STORM DRAINAGE EASEMENT AND AGREEMENT
THIS STORM DRAINAGE EASEMENT AND AGREEMENT (the
"Agreement") is made and entered into as of this day of , 2003, by and
between OPUS NORTHWEST, L.L.C., a Delaware limited liability company (the
"Grantor") and J & J AUBURN, LLC, a Washington limited liability company (the
"Grantee"). THE CITY OF AUBURN, a Washington Municipal Corporation (the
"City"), signs this Agreement below solely for the purpose of accepting and having the
right to enforce the Indemnity set forth in paragraph 4(b) of the Agreement.
RECITALS
A. The Grantor is the owner in fee of certain real property situated in King
County, Washington, as more fully described in the legal description thereof attached
hereto and made a part hereof as "Exhibit A" (the "Grantor's Property"). The Grantor's
Property is part of a larger project commonly known as Emerald Corporate Park,
graphically depicted on "Exhibit D".
B. The Grantee is the owner in fee of certain real property situated in King
County, Washington, as more fully described in the legal description thereof attached
hereto and made a part hereof as "Exhibit B" (the "Grantee's Property").
C. The Grantor has constructed a storm water detention pond (the "Detention
Pond") located on property owned by the Grantor. The Detention Pond is located in the
location shown on the Emerald Corporate Park Detention Pond Location Plan attached
hereto as "Exhibit C." The Detention Pond contains approximately 300,000 cubic feet of
storm water detention capability.
D. The Grantee desires to obtain the non-exclusive right to use a portion of the
capacity of the Detention Pond and the Grantor desires to grant such non-exclusive right
to the Grantee, all on the terms and provisions of this Agreement.
E. Barghausen Consulting Engineers, Inc., has prepared a Storm Drainage
Detention/Water Quality Assessment Report, attached as "Exhibit E" which is available
for review in its entirety at the City of Auburn.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms and provisions
of this Easement and for other good and valuable consideration, the receipt and
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sufficiency of which is hereby acknowledged by both parties, the Grantor and Grantee
hereby agree as follows:
1. Grant of Nonexclusive Easement. Grantor does hereby grant, declare,
reserve and establish for the benefit of the Grantee, and its successors and assigns, a non-
exclusive easement and right to use the Detention Pond, as the same may be modified,
relocated or revised from time-to-time by the Grantor all pursuant to the terms and
provisions of this Agreement. This grant of nonexclusive easement shall not become
effective, however, until Grantor has received the payment identified in paragraph 3(c)
below.
2. Use; Capacity. The Grantee shall have the right to use up to a maximum
of 20,476 cubic feet of storm water volume in the Detention Pond. The Grantor reserves
the right to restrict or cause the temporary cessation of the Grantee's use of the Detention
Pond if the volume of storm water from the Grantee's Property exceeds the maximum
allowed amount set forth above. The Grantee shall have no right to allow any direct or
indirect use of the Detention Pond to benefit property other than Grantee's Property.
3. Maintenance of Detention Pond; Cost Sharing; Initial Payment.
(a) Grantor shall be responsible to undertake such work as the Grantor
may reasonably deem necessary to maintain the Detention Pond in a good and functional
condition in accordance with good industry practices and applicable laws and legal
requirements, and shall have the right to locate, relocate, replace and repair the Detention
Pond as the Grantor may reasonably deem necessary. The Grantor and Grantee shall
share the actual reasonable costs of such repair, relocation, replacement and relocation
(the "Expenses") pro rata between the Grantor and Grantee as follows:
Grantor: 94.75%
Grantee: 5.25%
(b) The Grantee shall pay the Grantor the Grantee's pro rata share of
Expenses within twenty (20) days after submission of a written invoice from Grantor
setting forth in reasonable detail the Expenses incurred by Grantor. In the event a
reimbursement is not received within thirty (30) days after submission of the particular
invoice, and in addition to any other right or remedy Grantee may have (i) Grantee shall
be liable to Grantor for interest on the Grantee's pro rata share at the rate of eighteen
percent (18%) per annum (but in no event in excess of the then highest legal amount)
from the date of submission to the date of payment plus all costs and expenses of
collection including, without limitation, court costs and reasonable attorney's fees; and
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(ii) Grantor shall have the right to terminate Grantee's use of the Detention Pond until
such payment has been made. During such 30-day period Grantee shall have the right to
object to the invoice. Any dispute concerning the invoice and such objections shall be
resolved by mediation and, if mediation is unsuccessful, by arbitration in Seattle,
Washington in accordance with the then rules of the American Arbitration Association.
Either party may initiate mediation or arbitration.
(c) Within two (2) business days following approval of this
Agreement by the City of Auburn, the Grantee shall pay to Grantor the sum of
$50,000.00 to cover the Grantee's pro rata costs of the initial construction of the
Detention Pond.
4. Indemnity.
(a) Grantee Indemnity. Grantee shall indemnify, defend and hold
Grantor harmless from any liens, claims, losses and liabilities arising out of Grantee
exercising its rights and privileges under this Agreement, including but not limited to the
right to use the Detention Pond, including, without limitation, reasonable attorneys fees
and court costs. The Grantee shall also indemnify and hold the Grantor harmless from
and against any costs, liabilities, liens, damages and costs of remediation to clean up any
environmental damage, spills or other contamination which arises or is incurred by toxic
and/or hazardous materials (as defined in any local, state or federal law, statute, rule or
ordinance) being found in the storm water flowing from the Grantee's property. The
indemnity obligations in this paragraph shall not apply to the extent the subject matter
arises out of the negligence or misconduct of Grantor or the breach by Grantor of this
Agreement.
(b) Grantor Indemnity. Provided that Grantee does not use in excess
of the capacity limits described in Section 2 above and otherwise complies with the terms
of this Agreement, Grantor shall indemnify, defend and hold Grantee harmless from any
claims made by other owners of real property in Emerald Corporate Park which arise out
of the failure of the Detention Pond to provide an adequate level of storm water detention
capacity for Emerald Corporate Park. Grantor represents and warrants to Grantee that
Grantor has the power and authority to enter into and perform this Agreement, and in so
doing will not violate any agreement, covenant, contract or undertaking to which Grantor
is a party or by which Grantor is bound. The obligations of Grantor under this Section
4(b) together with the representations and warranties of Grantor contained in this Section
4(b) shall survive for a period of twelve (12) months from the date of this Agreement, at
which time they shall terminate.
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(c) Indemnity to City. Grantor and Grantee (collectively, the
"Indemnitors"), with full knowledge of the risks being assumed, hereby agree to release
and shall defend, indemnify and hold harmless the City of Auburn, its successors and
assigns (the "City") from any and all claims, losses, costs, liabilities, damages and
expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in
connection with this Agreement; any default under or breach of this Agreement by the
Indemnitors; and the acts or omissions of the Indemnitors or their respective successors
and assigns in connection with this Agreement. To the fullest extent permitted by
applicable law, the foregoing release, indemnity and hold harmless shall apply regardless
of any act, omission, fault, negligence or strict liability of the City; provided, however,
that the Indemnitors shall not be required to so indemnify the City against any claim,
loss, cost, liability, damage or expense to the extent the same is caused by or results from
the negligence of the City. In connection with any action to enforce any indemnity in this
Agreement, the indemnifying party waives any immunity, defense, or protection under
workers' compensation, industrial insurance or similar laws (including, but not limited to,
the Washington Industrial Insurance Act, Title 51, of the Revised Code of Washington).
The Indemnitors acknowledge that the City is willing to permit the proposed use of the
Detention Pond by Grantee only in consideration of and in reliance upon this release,
indemnity and hold harmless, which shall be construed broadly in favor of the City. This
release, indemnity and hold harmless shall not apply to any act or omission occurring
after such time as the City takes title to the Grantor's Property.
(d) Limitation of Liability. In no event shall Grantor's cumulative
liability under any of the provisions of this Section 4 exceed $50,000.00.
5. Binding Effect. The rights granted herein shall be binding upon and shall
inure to the benefit of each of the heirs, successors, and assigns of the named parties. This
Agreement shall be a covenant running with the land as a burden upon the Detention
Pond for the benefit of Grantee's Property. This Easement shall be interpreted in
accordance with the laws of the State of Washington.
6. Recording. Grantee shall record this Agreement at its own expense
within ten (10) days after execution and a copy of the recorded Agreement shall promptly
be delivered to Grantor.
7. Attorneys' Fees and Costs. If either party brings or commences any
legal action, arbitration or other proceeding to enforce or interpret any of the terms of this
Agreement, the prevailing party in such action shall be entitled to recover all costs and
expenses incurred therein, including reasonably attorneys' fees.
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Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doc
8. Injunctive Relief. In the event of any violation or threatened violation of
any of the terms, covenants and conditions contained in this Agreement, in addition to
any other remedies herein provided and provided by law, any party shall have the right to
enjoin such violation or threatened violation.
9. Conveyance to City of Auburn. The parties acknowledge that Grantor
intends to convey the Grantor Property to the City of Aubum. Upon such conveyance,
Opus Northwest, L.L.C., shall have no further obligations under this Agreement, except
under Section 4(b) above.
10. Entire Agreement. This Agreement contains the entire agreement of the
parties hereto with respect to the subject matter hereof Any modification of the terms of
this Easement must be in writing signed by the party against whom enforcement of the
modification is sought.
11. Non-Dedication. Nothing contained herein shall be deemed a gift or
dedication to the general public or for any public use or purpose whatsoever.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as
of the date first written above.
GRANTOR:
OPUS NORTHWEST, L.L.C.
Its:
GRANTEE:
6
Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doe
J & J AUBURN LLC
CITY/OF-ML BURN
1
Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doc
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature appears
on this document.
On this ~O day of -'~a"'y'~"`-~ , 2003, before me personally appeared
. "j - , to me known to be a member of OPUS NORTHWEST,
L.L.C., the limited liability company that executed the within and foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said
limited liability company,1br the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
g1N V~
VA0Tgpy'O
IC 2
v, e el.
1'.'••.,~NS~ONjcd
~ WASN~ ~Ui~`
(Use This Space for Notarial Seal Stamp)
I-V
Notary Public in and for the State of Washington,
residing at rfe4l e v L., P
My con expires: i
f V1>0& e) L/V a (fl-
[Type or Print Notary Name]
8
Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doe
STATE OF WASHINGTON }
} ss.
COUNTY OF KING }
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature appears
on this document.
On this '!Q-A day of 0L-rc-cn*kA- , 2003, before me personally appeared
]oNr1 (L.L&A%Y-,GA, , to me known to be a member of J & J AUBURN LLC, the
limited liability company that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
limited liability company, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute said instrument.
WITNESS my hand and official §wl hereto affixc@-HV day and year first above
wntten.
~.13ELL,y
V.v-1 .•554piv ~C~. G'fi +I+r
(~70~r10TAR Y
01
10
~j PUBLIC ;
71
(Use This Space for Notarial Seal Stamp)
Notary Publidj i and for fl:ie State of Washington,
residing at
commission expires: It •19•c~
'Aw M &U.A\ AeC1)
[Type or Print Notary Name]
9
Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doc
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the person whose true signature appears
on this document.
On this _Z10-day of - Q , 2003, efore me personally appeared
S , to me known to be the o v- of the CITY OF
AUBURN, the Washington municipal corporation that a ecuted the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said limited liability company, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
WITNESS my hand and official sea] hereto affixed the day and year first above
written. ,
RICH
o NOTARY cn : if
Plja c
(Use This Space
Notary Publi on and for the State of Washington,
residing at
My comipission expires;, k
[Type or Fnnt Notary Name]
10
Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doe
EXHIBIT A
GRANTOR'S PROPERTY
TRACT A OF EMERALD CORPORATE PARK, ACCORDING TO PLAT RECORDED IN
VOLUME 187 OF PLATS AT PAGE(S) 45 THROUGH 51, INCLUSIVE, IN KING
COUNTY, WASHINGTON.
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Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doc
EXHIBIT B
GRANTEE'S PROPERTY
Parcel B:
TRACT OF LAND IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING
COUNTY, WASHINGTON, WITH THE SOUTH LINE OF W.A. COX DONATION CLAIM;
THENCE EAST ALONG THE SOUTH LINE OF SAID DONATION CLAIM 426.57 FEET
TO THE EAST LINE OF COUNTY ROAD AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 168.18 FEET;
THENCE EAST 389.77 FEET;
THENCE SOUTHERLY 168.26 FEET TO A POINT ON THE SOUTH LINE OF SAID
DONATION CLAIM, 386.57 FEET EAST OF SAID TRUE POINT OF BEGINNING;
THENCE WEST ALONG THE SOUTH LINE OF SAID DONATION CLAIM 386.57 FEET
TO THE TRUE POINT OF BEGINNING.
(BEING TRACT 17 AND THE SOUTH HALF OF TRACT 18, SECOND ADDITION TO
WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE UNRECORDED PLAT
THEREOF, IN KING COUNTY, WASHINGTON.)
Parcel A:
PARCEL 2 OF SHORT PLAT NO. S.P.L 0004-95, ACCORDING TO THE SHORT PLAT
RECORDED UNDER KING COUNTY RECORDING NO. 9601251268;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
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Teutsch Partners Storm Drainage Agreement _v4 (JW rev 12-11-03).doc
EXHIBIT 'G'
011,
A .7 wj
"8°+ EMERALD CORPORATE PARK
F° PA:l i DETEN'IQN POND LOCATION
_ f"
I w Of POND
uCESS R04 a EXISTING
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a
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WATER QUALM/ DMtMON POW 1\ T -K=a9.o r/ BOTTOM POND &_-44,5
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R:P-4AP PAD 24 LE 17•f
t ! ! { AND DEORIS STATIC WS. 8--480 {
RW RArT PA0
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EXHIBIT 'D'
EMERALD CORPORATE PARK
- - - PLAT MAP
1" = 400'
0 2000 400 B00
i NORTH LANE H.H. JONES U.L.C. #39
TRACT A
DETENTION
- POND 3
i
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4 nd TR ET NE--` o~c
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STORM DRAINAGE DETENTIONIWATER
QUALITY ASSESSMENT REPORT
Exhibit 'E'
Proposed Emerald North Corporate Park
East Side of 'C' Street N. E.
North of 42nd Street N.E.
Auburn, Washington
IF
11 { 7113
SApp
F WA&Vl
p 2468 rr; 41~
.c~ GIS T
or~r.
Prepared for:
Teutsch Partners
2001 Western Avenue, Suite 330
Seattle, WA 98121
October 28, 2003, 2003
Revised November 6, 2003
Our Job No. 7059
t+HA4 CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES
T "p,
18215 72ND AVE. S. KENT, WA 98032 (425) 251-6222 (425) 251.8782 FAX
z
BRANCH OFFICES ♦ OLYMPIA, WA ♦ WALNUT CREEK, CA
www.barghausen.com
STORM DRAINAGE DETENTION VOLUME CONSIDERIITION
The existing detention and water quality facility for the Emerald Corporate Park project,
which was originally designed by our office, has approximately 155,170 cubic feet of
excess storage volume based on an as-built survey completed by our office. A portion of
this excess volume (approximately 20, 616 cubic feet) is proposed to be used by Emerald
North Corporate Park. The following is a summary of detention and water quality data
based on the approved detention design for Emerald Corporate Park and available volume
provided based on as-built volume calculations.
SUMMARY OF DETENTION VOLUMES:
I. Total detention volume required based on the approved storm drainage report for
Emerald Corporate Park = 234,830 cubic feet (See Emerald Corporate Park
Storm Drainage Report in Appendix A)
2. Available as-built storage volume = 390,000 cubic feet
3. Existing excess volume = 390,000 - 234,830 = 155,170 cubic feet
4. Detention volume required for proposed Emerald North Corporate Park project =
20,954 cubic feet.
Based on the above information, there is more than adequate excess detention storage in
the existing pond to accommodate the new Emerald North development without any
significant impact on the existing system.
EMERALD NORTH CORPORATE PARK
SUMMARY OF WATER QUALITY VOLUMES
Analysis of water quality volume provided in Opus Emerald Corporate Park Storm
Facility:
Total Emerald Corporate Park area tributary to pond = 52.70 acres
Total impervious area = 42.86 acres CN = 98
Total pervious area = 9.84 acres CN = 90
Total 52.70 acres
Clse 6 month/24 hour design storm to calculate required wetpond volume.
P G month = 1.28 inches
Volume water quality required = 183,960 CF (see calculation)
Volume water quality provided = 205,459 CF (based on as-built plans)
Extra volume available in pond = 21,499 CF
PROPOSED TEUTSCH EMERALD NORTH CORPORATE PARK
Total Site Area = 4.24 acres
Total Off-Site Area = 0.24 acres
Total Developed Area = 4.48 acres, including road improvements
Volume of water quality required = 16,117 CF
Extra volume available in existing pond= 21, 499 CF
Based on the above information, there is more than adequate water quality storage
volume in the existing pond to accommodate the new Emerald North development,
DOWNSTREAM DRAINAGE CAPACITY
Existing downstream conveyance pipe consists of 12-inch PVC @ 0.6 percent slope
Maximum capacity = 3.22 CFS
Total area of existing road tributary to this system = 0.54 acres
Total Teutsch property including off site = 4.48 acres
Total area = 4.48 + 0.54 = 5.02 acres
Total estimated flow for 25 year storm = 3.07 CFS