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Home My WebLink About20000919000498 STORM EASEMENT 081900A 3.13. k r -i. c= m q mss CD; c:> Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 OCT 02000 CI1'Y OF ClT1~ Ct~R AUBURN KS QFFIGE,. 11900049 EAS 16.00 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00030-99). Reference # (if applicable): N/A on page: Grantor/Borrower: 1) Fisher Properties Inc 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE'/4; 0~1=21-04, N '1b 12-21-04, Additional on page: jW 000u J m s) woo find for Assessor's Tax Parcel ID#: 000080-0012 tPoned aY Pocft Nodhwest Tft as wAre**d " to prow exacue t K as to ft o fed upon Vk. THIS EASEMENT AND AGREEMENT made and entered into this 7i day of 19 DO , by and between the City of Auburn, a municipal corporation of KinCounty, Washington, hereinafter referred to as "CITY" and Fisher Properties Inc, located at 600 University Street., :Suite 1525, Seattle, WA 98101, hereinafter referred to as "PROPERTY OWNER". q11(10 iz 7-7&V 7 (A-1-6097- WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at `B' Street NW and north of 16'h Street NW, Auburn, WA, 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 i 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 idniaintenance equipment; and Cn WHEREAS, the parties are both desirous of permittilig inspection of the storm system to make certain that it is functioning properly and for purposes of determining the appropriate rn repairs. en NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: 0 q ° Section 1, EASEMENT 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. FAC0030-99, 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 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. ' y a f c 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 r~~ . lea o is the person who appeared before me, and said person acknowledged that he/she signed c=:~ this instrument, on oath stated that he/she was authorized to execute the instrume t and a acknowledged it as the~res~ of r o~ a corporation, to be the free and voluntary ac of such party for the url'A andurposes mentioned in this instrument. Dated b0 y j!0,00 T4 'yw • A i-W VAt u #11 STATE OF WASHINGTON) )ss. County of King ) ar r~ et►C Notary Public in and for the State of Washington residing at My appointment expires `f - / - Op I certify that I know or have satisfactory evidence that F (_;f 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 uch arty for the uses and purposes mentioned in this instrument. Dated / -7 t 1 mow. :(lc ,ti.'• 00 :0 NOTAF,y V' Notary Public in and for the Sta e o Washington i residing at j , Pl1BUC ; My appointment expires I r I 19 11~~~~W AS~?G= DM/bd REF. H:\FAC\FAC30916\E00-251 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT 'A' LEGAL DESCRIPTION co car c~ O CM {P 0 THAT PORTION OF JOSEPH BRANNON DONATION LAND CLAIM NO. 38 AND JA. LAKE DONATION LAND CLAIM NO.'S 38 AND 41, IN SECTION 12. TOWNSHIP 21 NORTH. RANGE 4 EAST, WILLAMETTE MERIDIAN. IN KING COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF SAID JOSEPH BRANNON DONATION LAND CLAIM NO. 38: THENCE EAST ALONG THE SOUTH LINE THEREOF 500 FEET: THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID DONATION LAND .CLAIM AND SAID WEST LINE EXTENDED NORTH 1.400.00 FEET; THENCE WEST PARALM WITH THE NORTH LINE -OF SAID JOSEPH BRANNON DONATION LAND CLAIM NO. 38 TO THE EAST LINE OF RAILROAD RIGHT OF WAY. THENCE SOUTH ALONG SAID RIGHT OF WAY TO THE SOUTH LINE OF JA LAKE DONATION LAND CLAIM NO.'S 38 AND 41: THENCE EAST ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OG JOSEPH BRANNON DONATION LAND CLAIM NO. 38: THENCE SOUTH ALONG THE WEST LINE THEREOF TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF CONVEYED TO THE BURLINGTON NORTHERN RAILROAD COMPANY BY DEED RECORDED UNDER RECORDING NO. $707131094. Q ca Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN co FOR cn v o FISHER INDUSTRIAL PARK 0 rn V- CD Site Address c:; The project is located at the northeast comer of the intersection of "B" Street N.W. and 16th Street N.E., in C::1) Auburn, Washington, in Section 12, Township 21 North, Range 4 East, Willamette Meridian, King County, a c'v Washington. The tax parcel number is 000080-0012. Introduction The project will be consist of commercial buildings and associated parking lots, storm drainage, and utility construction. The area of the project is 14.6 acres, of which approximately 90 percent will be impervious. On-site drainage will be collected by catch basins and conveyed to a biofiltration swale located at the northeast comer of the site. A portion of the roof drainage will be conveyed directly into the catch basin system previously described and a portion will bypass the system. Storm drainage discharges from the biofiltradon swale via a storm drainage tightline system to an existing 24' bypass system. 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 biofiltration swale. The storm drainage system is designed to bypass all storms beyond the 6 month/24-hour post-developed storm. 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. 6998.005 (rcwpel Storm Water Easement and Maintenance Agreement Page 6 of 9 Treatment BMPs The on-site biofiltraton Swale has been designed to treat runoff for conventional pollutants. The City of Auburn Design Manual was used to design the biofiltration swatle for this project. Inspection The biofltradon 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. Maintenance To ensure proper water quality treatment, the biofiltradon swale must be properly maintained. Following is a maintenance requirement which must be followed. iu s....., : _ ; Couditi m When Maiateaaooe'Is :.-.Results Expected When Maintenance is Can Needed Performed poneat Defect co Cr% Q a O' r-^ C3 t~ N General Trash d: Debris Any Trash and debris which Trash and debris cleared from site. exceed 1 cubic foot per 1000 square feet (this is about equal to the amount of trash it would take to 611 up one standard size ofrsce garbage can). In general, 6- should be no visual evidence of dumping. Poisonous vegetation Any poisonous vegetation which 'No danger of poisonous vegetation where may consdaup a hazed to City City personnel or the public might normally personnel or the public. Examples be. (Coordination with Seattle/King County of poisonous vegetation include: Health Departmem.) tansy ragwort, Poison oak. stinging nettles, devils club. Pollution Oil. gasoline, or otter No eomminam present other than a surface comtaminants of one gallon or film. (Coordination with Sea tidying more or any amount found that County Health Deparmtemt) could.-1) cause damage to plain, animal. or marine life: 2) constitute a fire heard; or 3) be Hushed down=cam during tam stmrmL Ummowed Grass/ Ground If facility is Wated in private wbem mowing is needed. Smss/grottmd cover Cover residential area. mowing is needed should be mowed to 2 incbes in height. when grass exceeds 18 inches in height In other arras. the general policy is w make the pond site match 4acem ground cover ad terrain as long as there is no interference with the function of die facility. 6988.005 (rGH/phl Storm Water Easement and Maintenance Agreement Page 7 of 9 Rodent Holes Insects en Tree Growth t_ OCr a--- cm Side Slopes of Erosion t_Z7 Swale tC~ CV Person of Responsibility Fisher Properties %v%c 600 University Street, Suite 1525 Seattle, WA 98101 (206) 224-6798 Engineer Preparing Plan Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 (425) 251-6222 Any evidence of rodent holes if Rodems destroyed and dam or berm facility is acting as a dam or berm, repaired. (Coordination with ScaeddKing or any evidence of water piping County Health Department.) through dam or berm via rodent holes. When insect such as wasps and Insects destroyed or removed from size. hornets interfere with maintename activities. . Tree growth does not allow Trees do not hinder maimemance activities. maintenaMe access or mzerferns Selectively cultivate trees such as alders for with main-n= activity (i.e., firewood. slope wowing. scat removal. vtmring or equipment movements). If trees are not interfering with access, lave trees alone. Eroded damage over 2 inches deep Slopes should be stabilized by using where cause of damage is still appropriate erosion control measure(s) e.g. present or where there it potential rock reid brcemem, planting of grass. for comtinted erosion eon 6988.005 [IGH/phl Storm Water Easement and Maintenance Agreement Page 8 of 9 Ii iSPECTION/rVL4INTE1NA,NCE CHECK-List Structure Date of Imgxction/rvIaintenance C.B.S. No. Inspection Date Inspection Result Maintenance Done DN4/bd 6988.005 (IGHlp6) REF. H:\FAC\FAC30916\E00-251 Storm Water Easement and Maintenance Agreement Page 9 of 9