HomeMy WebLinkAbout9709020885 STORM EASEMENT 090297LrJ
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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
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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
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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
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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
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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
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CB No.
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Date of tnspectio_n/Maintenance
Date
Date
Date
Date
Date
Date
Date
Date
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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
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81
inspection
Maintenance
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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)
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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
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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
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Filed by: "
PNW'T
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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
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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
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Storm Water Easement and Maintenance Agreement
Page 3 of 8
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Filed by: ,
PNNVT
S PP 0 2',. 7
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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,
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Notary llublic,in,and for the State of Washington
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ng at
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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
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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
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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
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SiruVure
C8 No.
Date of Inspecion/Maintenance
Date
pate
Date
Date
Dale
Date
Date
Date
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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
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