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HomeMy WebLinkAbout20000301000882 STORM EASEMENT 030100t ~ - Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20000301000882 PACIFIC NW TIT EAS 24.00 PAGE 001 OF 009 03/01/2000 12:09 KING COUNTY, WA Above'this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00044-98, BLD0784-98, and BLD0783-98) ~ Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Wulff Industrial, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW '/4, 06-21-05 Additional on page: o ,aid doco~~fi3~) O±esd fo © Assessor's Tax Parcel ID#: 000400-0036 ( C:) P l ~`~/(J/ ~(~1 r~' d pop ar (g:<taf6$! gP CYI) CD as b its ~ ~ tltSa. THIS EASEMENT AND AGREEMENT made and entered into this 7 - day of Z:D ec ewes , 19 by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Wulff Industrial, LLC, a Washington limited liability company located at 320 106 Ave. NE, #100, Bellevue, WA 98004, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 3104 "C" St. NE and 30`h St. NE, Auburn, WA 98002 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 EXCI - TAX NOT REQUIRED n9 I ac; rds ~ivisior. WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors cl~4 and assigns of both parties as to the existence of this easement and agreement; and COV WHEREAS, an easement is needed to bring in maintenance equipment; and 0 0 r- 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 o repairs. C= cm NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED C114 THE PARTIES AGREE AS FOLLOWS: 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 Nos. FAC0044-98, BLD0784-98 and BLD0783-98, 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 F. 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 QV1 a0. Q~ 0 r 0 ca C7 0 n N l DIRECTOR OF PUBL C WO S Owner Wulff Industrial, LLC, a Washington limited liability company. By: Sound Venture Four, LLC, a Washington limited liability company-Manager By: Sound Ventures. Inc., a Washington corporation-Manager Doug Klappepnbt(i, President, l ~ ro~ Y A A1'Vo"00" ' • V/ ~1 * fit' (Y • Mal- g( Z X0:7 a 3"'q IN: ~ 4'~rq •l~;l :.,,:.`,emu, '..g.' l ,4 Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF L0aAJ11y)0 m-r1. ) )ss. COUNTY OF ) CV 00 CD 4 O C- n C"7 C_:~: C !C:3 IC I certify I have know or have satisfactory evidence that -T)m I ~f~ ~2t~n ~t.~ul P► 6, is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated tjiat he/she/they was/were authorized to execute the instrument and acknowledg6(as.-tle; ~m044,►J of the ~ I'JA4 ' 'Ct n , a limited liability company, to be the free and volunt ac'os~ic at_y` f or 'the uses and purposes mentioned in the instrument. i Dated, * fjk4 Notary Public-in and for the State of Washington lf,t+~••''~ residing at [,v K 0 W ASS` 4~' My appointment expires F t,. •''f,Jf rfJ ltl!1111j1~1^ STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that M- F'-r4a L Z2 is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that 1}6"' I` authorized to execute the instruments iW acknowledged it as the DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary act o such party for the uses and purposes mentioned in this instrument. Dated 1-21,31,19 L 9 ~Q •~SS4oN • . O~ i 0 NOTA PLSLICi ' 19 ~1~`~'••....•• X~WASO DM/bd ry Pin and f the S me at `f'LQAu u ,v y My appointment lr. REF. H:\FAC\FAC4484\E99-53 and BLD0784_.98\STMWATEASE&MAINTAGREE and BLD0783 .98\ STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT "A" LEGAL DESCRIPTION C'V4 CD CXD 0 0 0 C3 M 0 Ln C= 0 cl~, THAT PORTION OF THE HARVEY H. JONES DONATION CLAIM NO. 39, SECTION 6, T 21 N, R 5 E, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE HARVEY H. JONES DONATION CLAIM; THENCE N 89'06'00" E, 989.35 FEET; THENCE N 00'55 30 W, 30 FEET TO THE. TRUE POINT OF BEGINNING, SAID POINT BEING MARKED BY A CONC. eau, MONUMENT; THENCE N 00'5 30 E. 500.00 FEET; THENCE :...pry :4 ,ro .~N ~rou' S 89'06'00" W, 497.66 FEET; THENCE S 00'53'30" E, 500.00 FEET; THENCE N 89'06'00" E, 497.84 FEET TO THE TRUE POINT OF BEGINNING, WHICH INCLUDES PORTION OF VACATED "E" STREET, AS VACATED BY CITY OF AUBURN ORDINANCE NO. 4330. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO AND /OR TOGETHER WITH THE FOLLOWING RECORDED EASEMENTS: REC. NO. 7810031017, FOR WATER LINE AND SANITARY SEWER (AS SHOWN) REC. NO., 7905110778, FOR ELECTRIC SYSTEM (AS SHOWN) REC. NO. 9011090521, FOR WATER MAINS (AS SHOWN) S.C.C. 840300, FOR AIRSPACE OVER PROPERTY (AS SHOWN) Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT "E" . CONSULTING ENGINEERS/CIVIL AND STRUCTURAL CV c".) j CC) C=D C) POLLUTION PREVENTION PLAN o CD , C=:> o OF , WULFF INDUSTRIAL PARK i • 3000 "C" ST. NE. AUBURN, WA , FOR SOUND VENTURES KJL-M JUNE 1998 R.E. JOB NO. 98012 -11103 EWES 0 ; 1519 West Valley FGghway NoMVSuite 101 Post Ollice Box 836/Aubum. %AIA 98071 253.833.7776 Fax 253.939.2168 Storm Water Easement and Miinte'nance Agreement Page 6 of 9 `f : . 7 7- Stormwater Pollution Prevention Plan Site Address This project is located in Section 6, Township 21 N., Range 5 E. W.M. The site address for Building A is 301 30"' St. NE, while Building B is 3104 "C' ST. NE, AUBURN, WA. Tax Parcel No. is 000400-0036. Introduction This project involves the construction of two warehouses on a 5.71 acre lot. Stormwater will be detained in a large detention pipe and in parking lot ponds. Stormwater will be treated via a biofiltration swale. All roof runoff will be collected into roof drains and conveyed directly to the storm system. Plan Goal . The goal of the plan is treat the runoff for water quality before discharging to the public . storm system along 30°i St NE. CD The property owner is required to enhance and protect water quality due to stormwater ° discharges from the site, as dictated by the City of Auburn's Developer Design Manual. In this document, the site's storm drainage system is generally described and the M inspection and maintenance requirements are outlined. 0 o Preventative BMP's Preventative Best Management Practices (BMP's) shall be implemented to ensure that the water quality measures or provided to site discharge. Such practices include the following: 1) Areas which discharge runoff to the stone drainage system should be kept free of debris and any dangerous wastes which may pollute the storm drainage system. Stone drains shall be stenciled 'DUMP NO WASTE, DRAINS TO STREAM! 2) The storm drainage utilities should be properly maintained, as described . in the following sections. Storm Water Easement and Maintenance Agreement Page 7 of 9 Stormwater Pollution Prevention Plan (Cont.) Treatment BMP's A biofltration swale has been designed to convey and treat runoff for conventional cv pollutants. CO 0 o Inspection 0 CD Regular inspection of the storm drainage facilities will ensure their proper function. M Inspection shall occur at least twice a year. Records of inspection and maintenance ° shall be kept for five years and shall be available for City inspector to review. 0 C=:) C= Cam! Maintenance Regular maintenance of the storm drainage facilities will ensure their proper function. See Kng County Washington Surface Water Design Manual. Appendix A. Maintenance Requirements for Privately Maintained Drainage Facilities for maintenance requirements. Person of Responsibility Sound Ventures 320 106* Ave. NE Ste. 100 Bellevue, WA 98004 Contact: Doug Klappenbaugh Phone: 206-223-9500 Design Engineer. Rupert Engineering, Inc. Contact Larry Krueger 1519 West Valley Hwy. N., Suite 101 Auburn, WA 98001 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 Utilities Section. Storm Water Easement and Maintenance Agreement Page 8 of 9 , INSPECTION\MA=ENANCE CHECKLIST C lI co co c~ 0 r~ m rya ,rte, STRUCTURE DATE OF INSPECTION MAINTENANCE C8 or MHO INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS IMAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS MAINT. DONE CS or MH# INSP. RESULTS MAINT. DONE C8. or MH# INSP. RESULTS MAINT. DONE C8 or MH# RNSP. RESULTS MAINT. DONE CB or MH# INSP. RESULTS . MA1NT. DONE CB or MHO INSP. RESULTS MAINT. DONE BIOSWALE INSP. RESULTS MAtNT. DONE DET. PIPE INSP. RESULTS INT. DONE DM/bd REF. H:\FAC\FAC4484\E99-53 and BLD0784_.98\STMWATEASE&MAINTAGREE and BLD0783 .98\ STMWATEASE&MAINTAGREE Storm Water Easement and Maintenance Agreement Page 9 of 9