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HomeMy WebLinkAbout9709020885 STORM EASEMENT 090297LrJ X C 0 G Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00015-96) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) H K Properties, L.L.C. 2) Additional o a e: Said documen (s~Wke filed-far Grantee/Assignee/Beneficiary: City of Auburn record by Pacific Northwest Title as Legal Description/STR: SW 1/4 21-21-5 acoomm Rf inlyed not been as udull Assessor's Tax Parcel ID#: Portion Tax Lot 43 examined effect to props a eC r as to Its effect upon title. FILES BY PNW'f AN W3900-12 - 8 THIS EASEMENT AND AGREEMENT made and entered into this day of 0: "j,V S f"` , 1914 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and H K Properties, L.L.C., located at 3240 "B" St. NW, Auburn, WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at Forest Park Village, 3320 Auburn Way S., 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 Pagel of 8 EXCISE T NOT QUIR Ki sco iv ion 4.o A A co g r+ 6- G ."C7 1'R 1 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 X. Q0 C t`t 0 M G I- tri 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. FA00015-96, 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 8 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 WORKS F-,25- Y,7 er Date :n Q Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 8 STATE OFW,~4r ) )ss. COUNTY OF ) I certify I have know or have satisfactory evidence that-9-1?4?- 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 instrumen and a 1 owledge as the NQ AY st Tt__,. of the - ~V , , a limited liability company, to be the free and volunt act of such p y for the uses and purposes mentioned in the instrument. Dated 2 , y q 4 GC : ty: • ~ I ht y~ Q ~of ~hh~rgWAS ;v. J'. REF. HAFACTAC15651E97-806 Notary Public residing at My appointment the State of Washington Storm Water Easement and Maintenance Agreement Page 4 of 8 FA;b; "A LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING NORTH OF A LINE DRAWN PARALLEL WITH AND 250.00 FEET NORTH, WHEN MEASURED AT RIGHT ANGLES, OF THE NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5, (AUBURN WAY SOUTH): EXCEPT THE WEST 75 FEET OF SAID EAST HALF AND EXCEPT THE NORTH 150.00 FEET OF SAID EAST HALF; C TOGETHER WITH THAT PORTION OF THE WEST HALF OF THE NORTH EAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID WEST HALF WITH THE NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH)L THENCE T N89 43'52"W, ALONG SAID MARGIN, A DISTANCE OF 50.00 FEET; THENCE NOD 46'50"E, PARALLEL WITH SAID EAST LINE OF THE WEST HALF, A DISTANCE OF 118.50 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND 250.00 FEET NORTH OF SAID STREET MARGIN THENCE S89 43'32"E, ALONG SAID LINE, A DISTANCE OF 160.00 FEET TO A POINT ON SAID EAST LINE OF THE HEREINBEFORE DESCRIBED SUBDIVISION THENCE SOO 46'504W, ALONG SAID EAST LINE. A DISTANCE OF 250.01 TO THE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 5 of 8 EXHIBIT "B" Stormwater Pollution Prevention Plan for Forest Park Village, 40 Unit Apartment Complex Auburn, WA SEP #0018-96 BLD #0406-96 FAC #015-% Site Address: 3320 Auburn Way South Auburn, WA 98001 Introduction: The project includes the sitework and construction of 10-triplex and 5- duplex apartment units for a total of 40 units with associated parking and landscaping on 4.3 acre site. Stormwater runoff from approximately 1.3 acres of paved parking lots and driveways is collected, detained in the parking lots and then routed through 185 !f of biofiltration Swale prior to discharge to an underground onsite infiltration system. The runoff from building downspouts is discharged via individual drywells located adjacent to each building. There will be no stormwater runoff from this development. Plan Goal: The goal of the Stormwater Pollution Prevention Plan is to provide a guide ~j for the implementation of an effective operation and maintenance plan for %woo the privately owned storm drainage collection, detention, biofrltration and infiltration facilities to be constructed with the apartment complex The proper and timely maintenance of the drainage facilities will insure effective operation of the water quality and volume controls installed. Preventative BMP'S: Best Management Practices for the site include the regular inspection and maintenance of the drainage facilities as follows: • catch basins and all other drainage facilities visually inspected for obstructions, damage or other signs of potential failure. • parking lots routinely swept clean and maintained • residents prohibited from changing oil, antifreeze, etc. in parking lots. • proper maintenance of landscaping and bioswales. Treatment BMP'S: • 77re biofnltration swale was designed to function with a grass height of approximately 1-78" at design flow. The swale should not mowed to a height of less that 1-1/2". The grass in the swale should be frdl and healthy, with any dead patches Storm Water Easement and Maintenance Agreement Page 6 of 8 EXHIBIT "B" removed and repaired. • Remove .sediment build-up of more the one inch from the swale. • Remove grass clippings, trash or any other debris from 1he swale. • Catch Basins shall he cleared when s7nmp is 213 full of sediment or debris. 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. Person of Responsibility: Bob Stobie Auburn LTD C 3420 "B" Street, Unit A Auburn, WA 98002 p Ph 206-833-1237 Engineering Plan Prepared By: Andy J. Rykels, P.E. ~i Rykels Engineering Group, Inc. 28301-183rd Ave SE Kent, WA 98042 Ph 206-631-6598 Storm Water Easement and Maintenance Agreement Page 7 of 8 m~ of O n 00 o ~ m1 I t"I Ca N to 3 a a C, 0 A :f3 > tY} ~ O 0 T G Structure CB No. _ Date of tnspectio_n/Maintenance Date Date Date Date Date Date Date Date i Inspection Maintenance 2 Inspection Maintenance 3 Inspection Maintenance 4 Inspection - TF Maintenance 5 inspection Maintenance 6 Inspection Maintenance 7 Inspection Maintenance 8 Inspection Maintenance 9 Inspection Maintenance 10 Inspection Maintenance 11 Inspection Maintenance 12 Inspection Maintenance 13 Inspection Maintenance 14 Inspection Maintenance f 81 inspection Maintenance _ 82 inspection Maintenance 83 Inspection _ Maintenance Bioswale Inspection Maintenance Page 1 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 S x Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FAO0015-96) o I tf) Gtr cA O (`1 G I- 04 Reference N (if applicable): NIA Additional on page: Grantor/Borrower: 1) It K Properties, L.L.C. 2) Additional o a c: . Snid docwnnWAll PAP t hxi fe, Grantee/Assignee/Beneficiary: City of Auburn rec.,rj by P36fic Northwest Till" e3 Legal Ucscription/STR: SW 1/4 21-21-5 : ccomrnrAIMR1061vodmot been nxnmin"d as to pope a ecutttnstsr Assessor's Tax Parcel ID#: Portion Tax Lot 43 nc to it% nffecl upon N(". /2 ~ r-II r-n E')V MKIIA17 l 1►1 -2 St 1111-f'7 r~ Is/A THIS EASEMENT AND AGREEMENT made and entered into diisZf-- clay of C: <A.u S r' , 19 40, by and between the City of Auburn, a municipal corporation of King County, -WashinKton, hereinafter referred to as "CITY..".and H' K Properties, L.L..C., located at 3240 "I3" St. NW, Auburn, WA 98001, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at Forest Park Village, 3320 Auburn Way S., 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 l of 8 EXCISE TAX WT REoy n ttlnp Cd.`~oco a~~n a Filed by: " PNW'T w M ~ WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors and assigns of both parties as to the existence of this casement and agreement; and WHEREAS, an casement 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, EASEIlIENT PROPERTY OWNER hereby provides an casement 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. FA00015-96, which Record Drawings are hereby incorporated by reference as if set out in full. This casement shall be a burden to that real estate which is legally described and attached as Exhibit "A" and incorporated herein by this refercnce, and shall be of benefit to the City storm utility system. LI) Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon.the heirs, successors and assigimof the parties. _ O 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 casement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, lie PROPERTY OWNER fails to maintain. Further, the PROPERTY OWNER agrees the CITY [nay enter onto the property of PROPERTY OWNER via [lie 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/slmeLthey/it shall reimburse the CITY I'or the costs incurred by the CITY in maintaining the stoml 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 r Page 2 of g a ;Filed r., t % 0 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 (late first written above. CITY OF AUBURN DIRECTOR OF PUBLIC WORKS F 2-5-- y 7 er Date Owner Date UO O C111 . C7 Storm Water Easement and Maintenance Agreement Page 3 of 8 r a a Filed by: , PNNVT S PP 0 2',. 7 M STATE OFl )ss. COUNTY OF i certify i have know or have satisfacto ry evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that helshe/they signed this instrument on oath stated th at he/she/they was/wcre authorized to execute the instrumenj and acknowledge as the of the _ - J -.:•r_._n_ _ . a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _ • y1m 111, \ \ u~ CJ" i w i N QUA q~' t W ~ ~i 1 O t ~ ' "T? C( ~'-c.> : w a 3 N p~ *G f'~ : IL► Notary llublic,in,and for the State of Washington i 1 ' C? C) o : v i %r~, 9; q4 ng at _•c: resid 1' ~ My appointment expires t .9 LC D? REF. HAFACTAC 1 5651E97-806 LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING NORTH OF A LINE ORAWN PARALLEL WITH AND 250.00 FEET NORTH. WHEN MEASURED AT RIGHT ANGLES, OF THE NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5, (AUBURN WAY SOU TI H): EXCEPT THE WEST 75 FEET OF SAID EAST HALF AND EXCEPT THE NORTH 150.00 FEET OF :n SAID EASTHALFi U✓ TOGETHER WITH THAT PORTION OF THE WEST HALF OF THE NORTH EAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: O BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID WEST HALF WITH THE ` NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH)L THENCE N89 43'52'W, ALONG SAID MARGIN, A DISTANCE OF 50.00 FEET; THENCE NOO 46'50'E. PARALLEL WITH SAID EAST LINE OF THE WEST HALF, A DISTANCE OF 118.50 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND 250.00 FEET NORTH OF SAID STREET MARGIN THENCE S89 43'32'E, ALONG SAID LINE, A DISTANCE OF 18O.G0 FEET TO A POINT ON SAID EAST LINE OF THE HEREINBEFORE DESCRIBED SUBDIVISION THENCE S00 46'50'W. ALONC SAID EAST LINE, A DISTANCE OF 250.01 TO THE POINT OF BEG=NNINC. _ . _ Storm Water Easement and Maintenance Agreement Page 5 of 8 r Filed by: ` PIr VVT SEP 0 2'. -1 ~ A EXHIBIT "B" Stormwater Pollution Prevention Plan for Forest Park Village, 40 Unit Apartment Complex Auburn, WA SF.P #001 8-96 BLD #0406-96 FAC #0 t S-96 Site Address: 3320 Auburn Way.South Auburn, IVA 48001 Introduction: The project inchides the sirework and construction of 10-triplex need 5- duplex apartment units jeer a total of 40 units with as ociated parking nerd landscaping on 4.3 acre site. Stormwater rent Jf from approxinmtely 1.3 acres of paved parking lots and driveways is collected, detained in the parking lots and then routed through 185 lfof binjlirolion .swale prior to discharge to an underground oosite oilithraliwt system. 71re runoff from building downspouts is discharged via individual drywells located adjacent :n to each hnilding. 71jcre will he rho stornewaier nouff from this tar development. Ilan Cool: The goal of the Storienvarer Polhuion prevention Plan is to provide e7 guide Q) for the implementation r f an effective operation and maintenance plan for v the privately owned storm drainage collection, detention, biofrhration and injhrcaion facilities to be constnicted with the apartment complex The proper and finely rrrnintenanc'e of the drainage facilities will insure a fjecvhv upentnu/r r f ire warner grrrrlily «/ul,cuhrme c'wntruls -talled Preventative BNIP'S: Best Mlonagemew practices for the site include the rebailar inspection and mainteorince of the drainage facilities as follows: • catch bosirts and all other drainage faac•ilities visrrall y inspected far obsrnrcvious, dunnage or oilier .sigts of potential failure. + • parking lots routinely swept clean and maintaotrd • residenis prohibited front changing oil, antifreeze, eic. in parking lots. • proper nnnintvnonce of landsa•uping and biossvales. Treauuent BNl P'S: • the hiofrlrrariun .prole was designed 4n junction e•ith a grass lreiglt uJ approximately 1.718" at design flow. The swale should not monvd to a height of less that 1-U2". • Me grass of the s}vale should be frill and healdty with may dead patches Semen u'6ter Lasemcnt and Mmnicnance Agreernntt Page 6 cf g ?1 ~ • Y Filed by: PNWr SFP n P ' M ' EXHIBIT "a" removed and repaired. + Remove sednne»I haild-tip of more the one inch from the Swale. + Remove gravy clippings, trash or any other debris from the swale. ' Catch Basins shall he cleaned when sump is 213 full t Jsediment or debris. Inspection. Maintenance: Regular inspections of the drainage facilities should be carried out twice per }'car, in rile 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 mmving, care of landscaping and the removal of trash and debris jrnm dre drniurrge system. 7hr, perking lots and driveways shnrdd he kept clean and in relmir. ltiventx such at major .storms or heavy winds will require immediate inspections jior damages. ;17 Person of Responsibility Bob Stobie GG Auburn LTD QD 1420 "B" Street, Unit A Auburn, WA 98002 C7 Ph 206-833-1237 i• Engineering Plan Prepared By: Andy J. Rykels, P. E. Rykels Engineering Group, Inc. 28301-183rd Ave SE Kent, WA 98042 Ph 206-631-6598 Sturm Water Easement and Maintenance Agreement Page 7 of 8 Piled by: PNNVT 777 15 7 O T ~ v o oa ;g w SiruVure C8 No. Date of Inspecion/Maintenance Date pate Date Date Dale Date Date Date I Inspec ion t Maintenance 2 Inspection I Maintenance 3 fnspedion Maintenance 4 Inspection I Maintenance 5 Inspection _ _ J Maintenance 6 Inspection Maintenance 7 Inspection Maintenance a Inspection Maintenance 9 Inspection Maintenance 10 _ Inspection Maintenance ' 11 Inspection Maintenance 12 Inspection Maintenance 13 Inspection Maintenance 14 Inspection Maintenance 81 Inspection Maintenance 82 tnspedion Maintenance 83 Inspection Maintenance _ Btoswale inspection IMainlenanse t Page 1 N i A 4 74LL.