HomeMy WebLinkAbout20010117000445 STORM EASEMENT 011701T~ I
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
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1117000445
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STORM V'ATER EASEMENT AND MAINTENANCE AGREEMENT
v,, .r (E~C0.0=0024 and`BLD00-0132)
Reference # (if applicable):, k ESN/A `s Additional on page:
Grantor/Borrower: 1) The Cambio Group, LLC 2)
Additional on page:
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE'/4, 02-21-04 & SW '/4, 01-21-04 Additional on page:
Assessor's Tax Parcel ID#: 022104-9056 & 022104-9036
THIS EASEMENT AND AGREEMENT made and entered into this day of
C= , 19 , by and between the City of Auburn, a municipal corporation of
c, King County, Washington, hereinafter referred to as "CITY" and The Cambio Group, LLC, a
o Washington limited liability company, located at 131 SW 156, Seattle, WA 98166, hereinafter
referred to as "PROPERTY OWNER".
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WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
o construction of facilities at 2711 West Valley Hwy. N., Auburn, 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
EM ISE TAX N01 REQUIRED
os Division
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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.
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NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED
c THE PARTIES AGREE AS FOLLOWS: 841d doour~(S) Wiarq fjW &r
o by Pgcft NWhWoti. j 7"
rl_ Section 1, EASEMENT °^h' h h+~w OWWWWas"k
6"Ougm or
o 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 Nos. FA000-0024 and BLD00-0132, which Record
0
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
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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: RKSa .
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Storm Water Easement and Maintenance Agreement
Page 3 of 9
41
oo STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
o '
o I certify I have know or have satisfactory evidence that
-Br& Jacobsen
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 Gernferal Manager of
the Laws mark J)7xg~ (o022 n$ EIMAL pa limited liability company, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated 12 1800
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STATE OF WASHINGTON)
)ss.
County of King )
~L;,do~ ~ru~auah
Notary Public in and for the 'State of Washington
residing at '--Hi4f2joA1
My appointment expires '5-
certify that I know or have satisfactory evidence that C~r~s~i M. Engler
I
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 12 - 2,(0 - 00
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PUBLIC O
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Notary Public in and for the State of Washington
residing at
My appointment expires
REF. FA000-0024 (STM WAT EASE & MAINT AGREE)\E00-828
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
NEW...-PARCEL-'l.
LEGAL DESCRIPTION
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 21
NORTH. RANGE 4 EAST, R M, IN KING COUNTY,. WASHINGTON, EXCEPT
THAT PORTION THAT UES IN THE 30' RIGHT OF WAY AT EAST SIDE
PROPERTY,AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER
AUDITOR'S FILE NO 894377 (ALSO KNOWN AS TRACTS 13 AND 14.
HASSETT TRACTS, ACCORDING TO THE UNRECORDED FLAT)
EXCEPT FOR THAT PORTION OF SAID SOUTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER-
OF SECTION 2, TOWNSHIP 21 NORTH RANCE: 4 EAST W M. LYING WIRST
_AND--SOUTH- OF THE-FOLL0WING-DESCRIBED LINE' BBGM114G AT A
POINT ON THE NORTH LINE SAID POINT BEING 142 86 FEET WEST OF
THE NORTHEAST CORNER THENCE SOUTH 00' 04' 21" WEST A
DISTANCE OF 131 42 FEET. THENCE SOUTH 7B' 41' 53" EAST 135 45
FEET TO THE EAST RIGHT OF NAY LINE OF HEST VALLEY HWY ALSO
THE EAST BOUNDARY OF SAID PARCEL AND END OF THIS LINE
TOGETHER WITH THAT PORTION OF THE SOUTH 143 08 FEET OF LOT 2.
LYING WESTERLY OF WEST VALLEY HIGHWAY. CRY OF AUBURN SHORT
PLAT NUMBER 32-79. AS RECORDED UNDER KING COUNTY RECORDING
NUMBER 8005080385, BEING A CORRECTION OF SHORT PLAT SURVEYS
RECORDED UNDER KING COUNTY RECORDING NUMBEM 8003130899 AND
7912280412;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN UNDER KING
COUNTY RECORDING NUMBER 8407230781. BEING A PORTION OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1.
TOWNSHIP 21 NORTH. RANGE 4 EAST. W M IN KING COUNTY, WASHINGTON
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NEW PARCEL "B"
LEGAL DESCRIPTION
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THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
o QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2. TOWNSHIP 21
CD NORTH. RANGE 4 EAST. W.M. IN KING COUNTY. WASHINGTON. EXCEPT
Cv THAT PORTION THAT LIES IN THE 30' RIGHT OF WAY AT EAST SIDE
PROPERTY AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER
AUDITOR'S FILE NO 1394377. (ALSO KNOWN AS TRACTS 13 AND 14,
HASSETT TRACTS. ACCORDINC TO THE UNRECORDED PLAT.)
EXCEPT FOR THAT PORTION OF SAID SOUTH HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 2, TOWNSHIP, 21 NORTH, RANGE 4 EAST W M LYING EAST
AND NORTH OF THE POLLDWING DESCRIBED LINE BEGINNING AT A
POINT ON THE NORTH LINE SAID POINT BEING 142.88 FEET WEST OF
THE NORTHEAST CORNER THENCE SOUTH 00' 04' 21` WEST A
DISTANCE OF 131 42 FEET. THENCE SOUTH 79' 41' 53" EAST 135.45
FEET TO THE EAST RIGHT of WAY LINE OF WEST VALLEY HWY ALSO
THE EAST BOUNDARY OF SAID PARCEL AND END OF THIS LINE
SUBJECT TO EA3EmvNT AND RIGHT OF WAY FOR ELDCTRIC
TRANSMISSION LINE TO THE UNITED STATES OF AMERICA OF RECORD
Storm Water Easement and Maintenance Agreement
Page 5 of 9
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ADDITIONAL 0 0' OF R/1I TO DE DEDICATED
TO Cl" ALONG [AST PROPLRTT LINE UPON RECORDING
sAM OF OcARINC 008 990603-9003
LAND SURVEYORS CERTIFICATE
THIS SUBDIVISION CORRECTLY REPRESENTS A
SHORT PLAT MADE BY NE OR UNDER MY DIRECTION
IN CONFORMANCE WTH THr REOLMWAtENTS OF
APPROPRIATE STATE AND CITY STATUTE AND
ORDINANCE
`A~`A+7F 244~ DIRECTION
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cERnnCATE NO x3*i SCALE
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Storm Water Easement and Maintenance Agreement
Page 6 of 9
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EXHIBIT `B'
STORMWATER POLLUTION PREVENTION PLAN
for
L.D.G. West Valley Buildin
2703 West Valley Highway N..
Auburn, WA
SBPA 4 SEP 0011-99
GRA A GRA 0011-99
Parcel p 022104-9056 , 022104-9036
Introduction:
The L.D.G. West Valley Building Development Phase I will share a common
storm drainage system'comprised of a detention vault and biofiltration
swale. Both buildings will be regarded as one entity with only one
Stormwater Pollution Prevention Plan.
Building "All is 2,750 sf and Building "B" is 28,800 sf and are both
located at 2703 West Valley Highway N. The total site area is 4.66
acres for both buildings. The total impervious area of the site is
approximately 1.48 acres.
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The existing storm drainage system directs surface water runoff via
sheet flow from the roof and gravel drive areas of the existing
residence and from the undeveloped open areas of the surrounding soils
to the southeast portion of the parcel. Here the water mostly ponds
during the wet months and has no connection to a tightlined public
conveyance system.
The developed storm drainage runoff is conveyed to the stormwater
detention vault. Here the stormwater is routed through a flow control
structure and then a flow splitter. Stormwater is then discharged
through the flow splitter to both the biofiltration swale and the public
storm drainage system located in West Valley Highway.
Plan Goal
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The specific purpose for the storm water facility is to minimize
o pollution that is typically associated with modern development. In
o general, pollution from motor vehicles and pollution generated from
N erosion. Attached to this narrative is a maintenance mama] which
offers guidelines to the owner for storm water facility maif►tepance.
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Prevention BNP'S
The owner shall be responsible for sweeping the lot, installing storm
drainage stenciling and provide.spill control procedures.. In case of
spill call 1-425-.649-7000.
* BMP RB.15 Detention Vault (underground)
* BMP RB.05 Biofiltration Swale
• These BMP's will be inspected a minimum of 2 times per year or as
directed in the Maintenance and Operation Manual. The owner shall keep
a record of inspection and maintenance for a period of 5 years and will
Storm Water Easement and Maintenance Agreement
Page 7 of 9
art
o provide a copy of the records and maintenance checklist for the City
o Inspector to review.
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The City of Auburn Utilities Section is to review and approve any changes to
this stormwater Pollution Prevention Plan prior to changes in its
o implementation. Additionally, any changes in ownership or person of
responsibility are to be reported to the City Utilities Sections.
n Persons of Responsibility: Landmark Development Group
N P.O. Box 66826
Seattle, WA 98166-0826
Ph # (206) 241-2600
(Changes to ownership shall be reported to the City of Auburn's Utilities
Section.)
Inspection / maintenance:
Regular inspections of the drainage facilities should be carried out twice per
year, in.the spring and fall. The responsible party should keep records of
these inspections available for review by the City. Additional inspections
may be required after severe seasonal storms.
Routine maintenance of the site will include mowing, care of landscaping and
the removal of trash and debris from the drainage system. The parking lots
and driveways should be kept clean and in.repair. Events such as major storms
or heavy winds will require immediate inspections for damages.
To ensure proper water quality and treatment, the detention vault and the
biofiltration swale must be properly maintained. During summer months the
grasses must be mowed regularly, maintaining a grass length of approximately 3
to 6 inches,. with prompt removal and proper disposal of grass clippings,
trash, and debris. Removal of any sediment 6 inches deep or covering
vegetation is also necessary within the biofiltration swale. Remove
sediments, fertilize, and reseed as necessary. Be careful to avoid '
introducing landscape fertilizer to receiving waters or groundwater. If
biofiltration swale side slopes become eroded over 2• inches deep, stabilize by
using appropriate erosion control measures (e.g., rock reinforcement, planting
of grass, compaction).
Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris.
Storm Water Easement and Maintenance Agreement
Page 8 of 9
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INSPECTION/MAINTENANCE CHECKLIST
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Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Inspection
Detention Vault
Results
Maintenance
Done
Inspection
Bio-swale
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
DNUbd
REF. FA000-0024 (STM WAT EASE & MAINT AGREE)1E00-828
Storm Water Easement and Maintenance Agreement
Page 9 of 9