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Home My WebLink About9711201272 STORM EASEMENT 112097r'1 C) ^4 H , 3 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 T V ° X111( U-C- F: "s OrF. r' ~ A- -3- /3 ? L: .15 J)ff (ter 10 9 38 All 091. RIIE C' p~+ Above this line reserved for recording informati6ri. ' ` STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00009-97) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Valley Centre I, L.L.C. 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn ` Legal Description/STR: SE 1/4, Sec. 1 + NE 1/4, Sec. 12, Additional on page: 21-04 SW 1/4, Sec. 6+NW 1/4, Sec. 7, 21-05 Assessor's Tax Parcel ID#: 000080-0036 THIS EASEMENT AND AGREEMENT made and entered into this day of '~;C , 19~1- , by and between the City of Auburn, a municipal corporation of King ounty, Washington, hereinafter referred to as "CITY" and Valley Centre I, L.L.C., located at 3380 146 Pl. SE, Bellevue, WA 98007, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at Valley Centre Corp. Park, "B" St. NW and 30th St. NW, which create impervious surface; and a'. 0 cn cw u c.~ C-D ~rf w 5~:1 En 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 EXCISE TAX OT R QUIRED Kin Co. cords A io ,C.P Y WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and 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. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Section 1, EASEMENT C rr, 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 for the City of Auburn under Permit No. FA00009-97, which 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 Storm Water Easement and Maintenance Agreement Page 2 of 9 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. 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 weer bd-11- a e for maintenance should violations occur. EXECUTED as of the date first written above. CITY OF AUBURN 4 D CTOR OF PUBLIC WORKS rl Voce"L .1, L. l . C . Owne,f Date O Dt Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/s was authorized to execute the instrument and acknowledge it as he lArlt&L of L . corporat n, be the free and voluntary act of such party fort ses and purposes mentioned in this instrument. Dated JVOy00006Yg®`Q . JAN ~G~ •6~pN EX;o~3~ • SS':,~°.,~ -yam c NpSP ' GL Gl •"*vG o: otary Public ' fo t to of Washington residing at G, . '~,~~,9'•.MBEP.•• ~c , My appointment expires OF W STATE OF WASHINGTON) )ss. County of King ) p I certify that I know or have satisfactory evidence that 4 r44 A C ~.rr'r l C`t 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 uc y for the uses and purposes mentioned in this instrument. Dated Notary Public ' and for the State o ashington residing at My appointment expires 4t 11!i~' REF. H:\FAC\FAC0972\E97-808 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: LOT 2 AND TRACT X OF AUBURN SHORT PLAT NO. SP-15-81, ACCORDING TO THE SHORT PLAT SURVEY: RECORDED *,UNDER KING COUNTY RECORDING NO. 8207299002. SITUATE IN THE CITY.OF AUBURN;VCOUNTY OF KING, STATE OF WASHINGTON; EXCEPT RIGHT-OF-WAY FOR 'B' STREET NW AS SHOWN ON CITY OF AUBURN L.I.D. NO. 332 'B' STREET ET AL RIGHT-OF-WAY PLAN; . SUBJECT TO EASEMENTS OF RECORD. CONTAINING 79.885 ACRES. O rl Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT "B" ~i C "4 r. STORMWATER POLLUTION PREVENTION PLAN FOR VALLEY CENTRE CORPORATE PARK SEPA No. 0005-97 BLD No. 0281-97 FAC No. 0009-97 Site Address SEC 30th Street N.W. and "B" Street N.W. Parcel No. 000080-0012 and 000080-0036 RIC- D/RETURNED AUG 2 9u 1991 AUBURN W-R. nee The project is located within a portion of J. A. Lake Donation Land Claim No. 38 and Claim No. 41 in the Southeast quarter of Section 1 and the Northeast quarter of Section 12, Township 21 North, Range 4 East, and the Southwest quarter of Section 6 and the Northwest quarter of Section 7, Township 21 North, Range 5 East, Willamette Meridian, in the City of Auburn, King County, State of Washington. Introduction Valley Centre Corporate Park is being developed on a lot approximately 57.84-acres in size. The development is being built in four phases, the first being Building No. 1, which is located in the northwest corner of the site, being built this year. Building No. 2 is located in the northeast corner of the site and will be built next year, and Building Nos. 3 and 4 will be constructed at a later date. The site is currently undeveloped and contains an abandoned sewage treatment facility, located in southeast corner of the property. Existing drainage flows toward these treatment cells. Site drainage upon build out will convey through catch basin systems located within the parking areas to a storm drainage pump station, which is located approximately in the middle of the site. Phase 1 and Phase 2 construction will require a temporary detention pond to be constructed south of the future Building 2 location. This facility will remain until the City regional detention facility is built. The pump station will direct flow into the detention pond where sediment will settle out. A gravity pipe will then outfall the stormwater into a split flow control structure located east of the pump station, which will release the 2-year storm equivalent through a biofiltration swale and will bypass the remaining water through a 36-inch drainage system, which recollects downstream of the biofiltration swale. Once the regional detention facility has been constructed, the detention pond on site can be removed. The pump station will be reconstructed to direct the flow directly into the split flow control structure. The water then conveys into a public 30-inch trunk line system that conveys to the north and outfalls into a 30-inch storm drainage system within the 30th Avenue N.W. right-of-way. Roof downspouts will be individually tightlined to the catch basins. Ultimate build out proposes to have approximately 49-acres of impervious surfaces, with the remaining 9-acres being pervious consisting of lawns, landscaping, etc. Plan Goal The goal of this plan is to treat the 2-year runoff for water quality by directing flows through a bioswale and ultimately to an existing conveyance system located within 30th Avenue N.W. The existing conveyance system was designed to retain runoff volumes up to the 100-year storm event. 5950.003 [BS/jss] EXHIBIT "B" o Preventive BMPs The catch basins shall have stenciled next to them "DUMP NO WASTE - DRAINS TO GROUNDWATER." Activity that involves pollutants, shall be done under a covered area. The parking lot shall be swept as necessary to remove debris. Treatment BMPs A temporary detention facility has been designed to retain a 100-year storm event, and settle out sediment carried through the conveyance system. One on-site biofiltration swale has been designed to convey and treat runoff per conventional pollutants. The 2-year storm event is used to design the bioswales for water quality_treatment. A 36-inch bypass.system.has-been-.designed to convey-up-to the100-year storm events and bypass the biofiltration swale. Inspection Cl O Inspect the detention pond and bioswale at least twice a year, especially after periods of heavy runoff. Maintenance records must be kept for five years and available for City inspector review. Maintenance To ensure proper water quality and treatment, the temporary detention pond and the bioswale must be properly maintained. During summer months the grasses must be mowed regularly, maintaining a grass length of approximately 6 inches, with prompt removal and proper disposal of grass clippings and trash or 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 fertilizer to receiving waters or groundwater. If pond side slopes become eroded over 2 inches deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Person of Responsibility Name Rod Vogel, Martin Smith Real Estate Address 3380 - 146th Place S.E., Suite 407 Bellevue, Washington 98007 Emergency Contact Telephone Number (206) 521-0393 Si nature of Person of Res onsibilit 4 g p Y Signature Date Engineer Preparing Plan Barghausen Consulting Engineers, Inc. Address 18215 - 72nd Avenue South Kent, Washington 98032 5950.003 [BS/jss] EXHIBIT "B" Plan and/or Information Updates The City of Auburn Utilities Section is to review and approve any changes to this Stormwater Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City of Auburn Utilities Section. t~ O tit rl 1~ 5950.003 [BS/jss] ,y y EXHIBIT "B" e INSPECTION / MAINTENANCE CHECKLIST STRUCTURE N N rl C :V r, T, RESULTS/MAINTENANCE' DATE I COMMENTS All Catch Basins Inspection Result Maintenance Done Storm Drainage Pump Station Inspection Result Maintenance Done Temporary Detention Pond Inspection Result Maintenance Done Split Flow Control Structure Inspection Result Maintenance Done Bioswale Inspection Result Maintenance Done Storm Drainage Trunk Line Inspection Result Maintenance Done i 5950.003 [BS/jss]