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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) Ln Cti'M 0 0 O cm m 0 0 0 0 N 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: cr 0 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 cm; cam: o.. 0 14 Owner Date; Owner ate Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )SS. COUNTY OF KING ) Cn em O O CV 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 volun ary Dated Itesuch . Ov 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 too )Vows 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 g~ON ~O i OTAR Y cn'; to . C~ L 1 cw r~ . O pUgU - ; ~ Notary Public i and for the tate of ashington . • s residing at ? My appointment expires DM/bd 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. cril o~ Cn C> C= 0 0 CV 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 Cn C=) Q 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. ea CNI 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. c 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. +n7 d, d Q- 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 !rI n'7 Q O O r-~ O O: O O "4 -3- 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 i i Storm Water Easement and Maintenance Agreement Page 8 of 9 Y LrX cw-si cml aKs C T o: Q. c~.a DM/bd -4- 6893.009 (JH/snVbd] 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