HomeMy WebLinkAbout20000316000435 STORM EASEMENT 031600P 3. I3, a
Return Address:
Y City of Auburn
City Clerk .
25 West Main
Auburn, WA 98001
435
24.00
1.
APR 17 2000
CITY OF AUBURN
CITY CLEWS OFFICE
Above this line reserved f6r recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(r'AUM5-99, 13L1JU1UJ-!0V, BLLUM-99)
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Reference # (if applicable): N/A Additional on page:
Grantor/Borrower: 1) The Benaroya Company, LLC 2)
Additional on page:
Grantee/Assignee/Beneficiary: ' City of Auburn
Legal Description/STR: . NW '/4, 01-21-04 Additional on page:
Assessor's Tax Parcel ID#: 158260-0065, 158260-0080
THIS EASEMENT AND AGREEMENT made and entered into this day of
j Z-ty by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and The Benaroya Company,
LLC, a Washington limited liability company, located at 1001 4`h Ave., 94700, Seattle, WA
98154, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain"permits with the CITY for the
construction of facilities at 3702 `I' St. NW and 3940 "I" St. NW, Auburn, WA, which create
impervious surface; and
WHEREAS, the PROPERTY OWNER willcomplete 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
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.
U"y NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
M
~ THE PARTIES AGREE AS FOLLOWS:
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o Section 1, EASEMENT
m 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
o for the City of Auburn under Permit No(s). FA00005-99, BLD0103-99 and BLD0104-99, which
o 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.
CITY OF AUBURN
DIRECTOR OF PUBLIC WORKS
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Owner Date;
Owner ate
Storm Water Easement and Maintenance Agreement
Page 3 of 9
STATE OF WASHINGTON)
)SS.
COUNTY OF KING )
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I certify I have know or have satisfactory evidence that
the
person(s) who appeared before me, and said person(s) acknowledged thatoshe/they signed this
instrument on oath stated that/Oshe/thev was/were authorized to execute the instrument and
ac ledge as the
the al
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a limited liability company, to be the free and
for W uses and purposes mentioned in the instrument.
~s9!~ 3. JONES
STATE Ur WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES 7-21-02
STATE OF WASHINGTON)
)SS.
County of King )
Notary Public N
residing at My appointment
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the State of Washington
of
I certify that I know or have satisfactory evidence that &.~Ayu5 k6wdqr~:
is the person who appeared before me, and said person acknowledged that he signed th'
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 _ ISO
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Notary Public i and for the tate of ashington
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REF. H:\FAC\FAC05915\E00-160, R:\DOCUMENTS\PERMITCORR\BLD99-0103 (STORM WATER EASEMENT AND MAINTENANCE
AGREE), R:\DOCUMENTS\PERMITCORR\BLD99-0104 (STORM WATER EASEMENT AND MAINTENANCE AGREE)
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
LEGAL DESCRIPTION.
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LOT 1
TAX PARCEL NO. 158260-0065
THAT PORTION OF TRACTS 'G', 'H', 'I' AND VACATED ROSE STREET
ADJOINING ON THE NORTH, TOWN OF CHRISTOPHER, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PACE 30, IN
KING COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 21
NORTH, RANGE 4 EAST , W.M. IN KING COUNTY, WASHINGTON, SAID
----''CORNER ALSO BEING THE NORTHWEST CORNER OF-SAID PLAT OF THE.
TOWN OF CHRISTOPHER; THENCE SOUTH 89'00'38' EAST, ALONG
THE NORTH LINE OF SECTION, 1232.85 FEET (AS NOTED ON
WASHINGTON STATE HIGHWAY DEPARTMENT MAP 9, SR 167 - MP .13.66
TO MP 17.42. DATED JUNE 12, 1969).70 THE CENTERLINE OF SR
167; THENCE CONTINUING SOUTH 89'00'38' EAST 135.01 FEET TO
THE EAST LINE OF SR 167 AS CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 6575257;
THENCE CONTINUING SOUTH 89"00'38' EAST 110.01 FEET. THENCE
SOUTH 01'38'18' WEST 749.05 FEET TO THE TRUE POINT OF
BEGINNING: THENCE CONTINUING SOUTH 01'38' 18' WEST 298.27
FEET: THENCE SOUTH 86'20'210 EAST 40.47 FEET: THENCE SOUTH
41'20'21' EAST 88.00 TO THE NORTHERLY"MARGIN OF 37TH
STREET N.W.; THENCE NORTH 02'26'53' EAST, ALONG. SAID
MARGIN AS CONVEYED TO THE STATE OF WASHINGTON BY DEED UNDER
RECORDING NUMBER 6583631, 26.69 FEET; THENCE SOUTH
83'16'39' EAST ALONG SAID .MARGIN 55.43 FEET; THENCE SOUTH
48'5519' EAST ALONG SAID MARGIN 39.05 FEET; THENCE SOUTH
86'20'21' EAST, ALONG SAID NORTHERLY MARGIN 602.16 FEET;
THENCE NORTH 89'52'01' EAST 6.91 FEET TO A POINT OF
CURVATURE: THENCE ON A CURVE TO THE LEFT IN A NORTHERLY
DIRECTION WITH A RADIUS OF 25.00 FEET, AND AN ARC OF 46.92
FEET; THENCE NORTH 1740'02' WEST 320.36 FEET TO A POINT
OF CURVATURE; THENCE ON A CURVE TO THE RIGHT IN A NORTHERLY
DIRECTION, WITH A RADIUS OF 1227.50 FEET AND AN ARC OF 63.45
FEET; THENCE NORTH 89'00'38' WEST 692.43 FEET TO THE TRUE
POINT OF BEGINNING;
EXCEPT ANY PORTION THEREOF CONVEYED TO THE STATE OF
WASHINGTON FOR ROAD BY DEED RECORDED UNDER RECORDING NUMBER
6583631.
LOT 2
TAX PARCEL NO. 158260-0080
THAT PORTION OF TRACTS 'G', 'H', '1' AND VACATED ROSE SIRE=T
ADJOINING ON THE NORTH, TOWN OF CHRISTOPHER, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 30, IN
KING COUNTY, WASHINGTON; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 1, TOWNSHIP 21
NORTH, RANCE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, SAID
CORNER ALSO BEING THE NORTHWEST CORNER OF SAID PLAT CF THE
TOWN OF CHRISTOPHER; THENCE SOUTH 89'00'38' EAST. ALONG
THE NORTH LINE OF SECTION, 1232.85 FEET (AS NOTED ON
WASHINGTON STATE HIGHWAY DEPARTMENT MAP 9,. SR 167 - MP 13.66
TO MP 17.42. DATED JUNE 12, 1969) TO THE CENTERLINE OF SR
167; THENCE CONTINUING SOUTH 89'00'38' EAST 135.01 FEET TO
THE EAST LINE OF SR 167 AS CONVEYED TO THE STATE CF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 6575257:
THENCE CCNTINUINC SOUTH, 89.00'38' EAST 110.01 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 891CO'38'
EAST 641.71 FEET; THENCE SOUTH 01'28'05' WEST 407.02 FEET
TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT IN A
SOUTHEASTERLY DIRECTION WITH A RADIUS OF 1227.50 FEET, AN
ARC OF 346.17 FEET; THENCE NORTH 89'00'38' WEST 692.43
FEET; THENCE NORTH 01'38*18* EAST 749.05 FEET TO THE TRUE
POINT OF BEGINNING.
Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT `B'
STORMWATER POLLUTION PREVENTION PLAN
FOR
BENAROYA BUSINESS PARK
Lei SEP NO. 0979-88
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LM SITE ADDRESS
n. The project is located at the northeast corner of the intersection of 37th Street N.W. and SR-167 in Auburn,
a Washington, in Section 1, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington.
The tax parcel numbers are 1582600-065 and 158260-0080.
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E 1TRODUCTION
The project will consist'of two commercial buildings and the associated parkin„ grading, storm drainage, and
utility construction. The area of the project is 17.6 acres, of which approximately 90 percent will be
impervious.
On-site drainage will be collected by catch basins and conveyed to a storm drainage biofiltration swale located
at the southeast comer of the site. Roof drainage from the buildings will be conveyed directly into the catch
basin system previously described and to the wetland to the east. Storm drainage discharges from the proposed
bioswale via a storm drain tightline system to the wetland to the east.
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 biofiltration swale.
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.
4- 6893.009 (JH/sm/bdJ
Storm Water Easement and Maintenance Agreement
Page 6 of 9
The on-site biofiltration swale has been designed'to treat runoff for conventional pollutants. The City of
Auburn Design Manual was used to design the storm drainage biofiltration swale for this project.
NSPECTION
The storm drainage biofiltration swale 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.
MAST ITENANCE
To ensure proper water quality treatment, the storm drainage biofiltration Swale must be properly maintained.
t:rr. Following is a maintenance requirement which must be followed.
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NfaktenaMe Conditions when Maintenance is Needed : Results Expected when Maintenance is
Q' Component ; Defect Performed
General - ,Trash dl: Debris Any Ttash and debris which exceed. I cubic, , Trash;and debris cleai+ed from site.
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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
genetal, there should be no visual evidence of
dumping.
Poisonous
Any poisonous vegetation which may
No danger of poisonous vegetation where
Vegetation
constitute a hazard m City personnel or the
City personnel or the public might
public. Examples of poisonous vegetation
normally be. (Coordination with
include: tansy ragwort, poison oak. stinging
Seattle/King 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
Seattie/Kiag County Health Department.)
marine life: 2) constitute a fire hazard: or 3)
be flushed downstream during rain storms.
Utunowed
If facility is located in private residential area.
When mowing is needed, grass/ground
Grass/ Ground
mowing is needed when grass exceeds 18
cover should be mowed m 2 inches in
Cover
inches in height. In other areas, the general
height.
policy is, to snake the swale match adjacent
ground cover and terrain a$ long as there is
no interference 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 Seaale/King
water piping through dam or berm via rodent
County Health Department.)
holes.
Insects
When insects such as wasps and hornets
Ituects destroyed or removed from site.
interfere with maintenance activities.
6893.009 [JH/sm/bdl
Storm Water Easement and Maintenance Agreement
Page 7 of 9
Maintenance Conditions When Maintenance is Needed Resattt Expected When Maintenance is
Component Defect Performed
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Tree Growth Tree 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 trees art: 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 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 Swale
the designed swale depth..
shape and depth; swale reseeded if
necessary to control erosion.
Pond Dikes
Settlements Any part of dike which has settled 4 inches
Dille should be built back to the design
lower than the design elevation.
elevation
Emergency
Rock Missing Only one layer of rock exists above native soil
Replace rock to design standards.
OverfiH/Spillway
in area five square feet or larger, or any
exposure of native soil.
Person of Responsibility
Benaroya Company
1001 - 4th Avenue, Suite 4700
Seattle, WA 98154
(206) 343-4750
Engineer Preparing Plan
Barghausen Consulting Engineers, Inc.
18215 72nd Avenue South
Kent, WA 98032
(425) 251-6222
6893.009 (JH/smfbdl
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Storm Water Easement and Maintenance Agreement
Page 8 of 9
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REF. H:\FAC\FAC05915\E00-160, R:\DOCUMENTS\PERMITCORR\B:LD99-0103 (STORM WATER EASEMENT AND MAINTENANCE
AGREE), R:\DOCUMENTS\PERMITCORR\BLD99-0104 (STORM WATER EASEMENT AND MAINTENANCE AGREE)
Storm Water Easement and Maintenance Agreement
Page 9 of 9
INSPECTION/MAINTENANCE CHECK-List