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HomeMy WebLinkAbout20010117000445 STORM EASEMENT 011701T~ I t Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 KAP~, I I CRY OF r 7P~ CITY C§ Qa Above this line 1117000445 IT EAS 16.00 information. 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". r- Q-- 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 0 _ Deputy.. It IV 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. Ln 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 i • r: LrID C= C r C:~ C.) N 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 . 06 t Q 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 Z;7 -!~,c,S10N F•'C/' er -1•o t 7 U r14TA /QY 70 9 ~►BLIC ff 4, Q5 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 ~i 0 V40TAR i : v co PUBLIC O 11 \ WAS, DM/bd .A 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 co a. NEW PARCEL "B" LEGAL DESCRIPTION Q 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 t1'>t a C? a n r- C') Ca a ht \ soot d6'~ Ste !a'\\ I DOMM11VILLS TRANBMAMMON I \ uns =A9LMlM It 1946 00• ( \ \ \ \ L "39' \ SCALE v - loo' h \ u I \ \ nlzaz'ae'E I + \ \ ~ I \ . Neu" 31 IF I \ \ . to 2w I \ \ L3 NOD or20'E { \ .9 e9' I PARCEL "6- I 1689186 4 89 /T I a I AUDUPY I \ DID i NOOTI4'21'E ISI d2' SLOPE is)" q t PARCEL N I 'A' & { 1k Y46 OO• 20742 2 9Q 1R VALL£y 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 D cERnnCATE NO x3*i SCALE \ \ \ Storm Water Easement and Maintenance Agreement Page 6 of 9 r. 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. L C7 0 C7 r\ 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 0 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. i 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. 0 c~ 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 r z INSPECTION/MAINTENANCE CHECKLIST say C=> v r- O r- CZ) C~7 r..S.a. ::,s....:Q,. = 4 .:F~-.vk+.. •..Y:oitiiinki wki:`2`'•k2~` ..raw .s:.sk 'k~k;S:,. .:t.{. 4i .#iy;`.f. • c:, ,:{•y3>tiii- :i::n33;:kii2 : 2Y:{2~,,~Y.2 ~SiYYfw > :•:Er~?=k:Y22":~w~+ u Y w y; z. ' R ~`~-E•}~~q.' "'~t'f.k}- 3 :Y>• 2'. ~ TRUCTURE , a:; r . . . . .s ss s: s s f:{22... :u,t2• ' :~s0 :iS:i3 2>4:i': "fsivi: :.2tw .:3223>.3{`rw. ::.$t?222•,+..: :.r~kk23kiiik??i~s:i~...- k3:'....:::..,Y.. . :ii2ik2£.222s?22.2{2`3:;2c •-x _ : ~ s r. v kk 3` k i, a22 , i22'~2 :Y 2 ^s'~2 2• ..~.t ~ iC2Y2k2kL:"•"Y it "`Y rk`S .i...::~~ ~~1~ ' • ~ : l:%i: ~:ff%•. f*k' f`i2a'iff{„ 'Efi :-.s< {ift : ....k..: 2i.,, •2.Y22M fYYii 3'£•. : . .Y#`~ . ~ `t{ ,~f` tzk,:s""Y fi {i;£7't~~i' : , ai?2 .Ek.:, , .iii Yv;• ^.,iki~s:c . ..s;..s.. ....;-;•s;.. ' ..`s.......s ..vt,{..,...:.:.t2 w:,,.:22t2•:.,::.{222;,' •s; ..:33>.r....F33 53rs..... 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