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Home My WebLink About9805140640 STORM EASEMENT 05149i` C1 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 . (FAC0013-97, BLD0322-97 and BLD0412-97) Reference # if applicable): N/A Additional on page: Grantor/Borrower: 1 West Valle Partners 2 Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Descri tion/STR: NW 1/4 1-21-4 Additional on page: --T Assessor's Tax Parcel ID#: 158060-0030 THIS EASEMENT AGREEMENT made and entered into this day of 19 , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and West Valley Partners, located at 3615 West Valley Highway North, Suite 201, 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 1239 37 Street NW 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 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 m ui 1 Ifs O` C c~ 0 F, rn Cn G, C. Storm Water Easement and Maintenance Agreement Page 1 of 16 I,. 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 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. FA00013-97, BLD0322-97 and BLD0412-97, which O 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. Q t!' Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. O QO ~j 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. °L Storm Water Easement and Maintenance Agreement Page 2 of 17 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 O e a Q' Date i® lq Lr Date Storm Water Easement and Maintenance Agreement Page 3 of 16 STATE OF WASHINGTON) )ss. County of King ) I certify that Iliow or have satisfactory evidence that and Ul 1.A Z a T is/ar the person(s) who appeared before me, and said partner(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this ins ent. Dated f~! 'F~<• sRt~.~'?~~a~R f G ~~NNotary Public in and for the State of Washington ~~esiding at ~-"MC~ n j. l fpi ~ 't Jr) t4• c~.' My appointment expires 4,( V- 0 1 STATE OF WASHINGTON) ~ )ss. County of King ) I certify that I know or have satisfactory evidence that (rc A- tL A-- Ctk,-V V ~ 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 such y for the uses and purposes mentioned in this instrument. Dated -2-1 t l TP, OU NF ,'vP,~ssioN c~ tvoT' Notary Public and for the Sta of Washington Zco -residing at E~22 C~ . •z * m. D ;°4 My appointment expires d O~ ASHM REF. H:\FAC\FAC1377\E97-1177, Y:\PRMSYS\DOCUMENT\BLD0322_.97\STMWAT and Y:\PRMSYS\DOCUMENT\BLD0412 .97\STMWAT Storm Water Easement and Maintenance Agreement Page 4 of 17 EXHIBIT "A" LEGAL DESCRIPTION (Entire Parcel) THAT PORTION OF LOT 1 IN BLOCK 2 OF CHRISTOPHER GARDEN TRACTS, ACCORDING TO. PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG SAID NORTH LINE 193.85 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE 308.36 FEET; THENCE SOUTH 282.90 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF SAID LOT 1, 308.36 FEET; THENCE.NORTH 282.90 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTIONCONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES UNDER KING COUNTY RECORDING NO. 6597078 O O t!' l!1 O GD Storm Water Easement and Maintenance Agreement Page 5 of 16 EXHIBIT "B" POE Engineering, Inc. CIVIL & STRUCTURAL ENGINEERING/CONSULTING 400 West Gowe Street, Suite 310 - Kent, Washington 98032 ST)!gl~: (253) 859-5121 ~;;If4 Poe Job No. 97-036 µ Date: August 19, 1997 Persons of Responsibility: West Valley Partners 3615 W. Valley Hwy N., Suite 201 Auburn, WA 98001 Ph # (253) 939-1800 (Changes to ow ership shall be reported to the City of Au urn' Utilities Section.) Owner signature Date: 6` 17 Storm Water Easement and Maintenance Agreement Page 6 of 17 SEPA # BID # PAC # Parcel # Bankers'-.37th Street Building SEP-0007-96 BLD 0282-97 PAC 0013-97 158060-0030 Introduction: The Bankers' Building Lot A and the WVP Building Lot B will share a common storm drainage system comprised of underground storm drainage detention pipe and biofiltration swale. Both buildings will be regarded as one entity with only one Stormwater Pollution Prevention Plan. The Bankers' building is 20,052 sf and is located at 1234 37th Street N.W. Auburn, Washington. The WVP building 17,166 sf and is located at 1226 37th Street N.W.. The total site area is 1.88 acres for both buildings. The total impervious area of the site is assumed to be at 900 or approximately 1.69 acres. The existing storm drainage system directs surface water runoff via sheet flow from the roof and parking lot areas to a tightlined public conveyance system located along the South side of 37th Street N.W.. The developed storm drainage system conveys all the storm water through an oil/water separator and flow control structure to a biofiltration swale. Storm drainage is discharged from the swale to the public conveyance system located at the northeast corner of the site. 0 Plan Goal The specific purpose for the storm water,facility is to - minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual which offers guidelines to the owner for storm water facility maintenance. Preventative BMP'S The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures.,In case of spill call 1-206-649-700. * BMP RO.05 Spill Control (sc-type) Oil/ Water Separator * BMP RB.15 Detention Tank (underground) * BMP RB.05 Biofiltration Swale * - These BMP'S will be inspected a minimum of 2 times per year or as directed in the Maintenance and Operation Manual. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. Storm Water Easement and Maintenance Agreement Page 7 of 16 Bankers' Building Pollution Prevention Plan Page 2 of 2 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 Sections. O C?' CC 0 Storm Water Easement and Maintenance Agreement Page 8 of 17 MA]QV'TENANCE AND OPERATTON MANUAL O CC O d' O OJ Storm Water Easement and Maintenance Agreement Page 9 of 16 w0 ° CD 0 ~CD J ~ w CD 0 a as CD 0 El >~q.~....~...._v..was....s..~~i - a.aw.r...t':+.I.w'....a.--... . _ . - ...r a. n+.. 9805140640 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 3 CLOSED DETENTION SYSTEMS (PIPES/TANKS) Maintenance Conditions When Maintenance Component Defect Is Needed Storage Area Plugged Air Vents Debris and Sediment Joints Between Tank/Pipe Section Tank/Pipe Bent Out of Shape Manhole Cover not in Place Locking Mechanism Not Working Cover Difficult to Remove Ladder Rungs Unsafe Catch Basins One-half of the cross section of a vent is blocked at any point with debris and sediment. Accumulated sediment depth exceeds 10% of the diameter of the storage area for 1/2 length of storage vault or any point depth exceeds 15% of diameter. Example: 72-inch storage tank would require cleaning when sediment reaches depth of 7 inches for more than 1/2 length of tank. Any crack allowing material to be transported into facility. Any part of tank/pipe is bent out of shape more than 10% of its design shape. Cover is missing or only partially in place. Any open manhole requires maintenance. Mechanism cannot be opened by one maintenance person with proper tools. Bolts into frame have less than 1/2 inch of thread (may not apply to self-locking lids). One maintenance person cannot remove lid after applying 80 pounds of lift. Intent is to keep cover from sealing off access to maintenance. Kng County Safety Ofiioe and/or maintenance person judges tha; ladder is unsafe due to missing rungs, misalignment, rust, or cracks. See 'Catch Basins' Standard No. 5 Results Expected When Maintenance is Performed Vents free of debris and sediment. All sediment and debris removed from storage area. All joints between tank/pipe sections are sealed. Tank/pipe repaired or replaced to design. Manhole is closed. Mechanism opens with proper tools. Cover can be removed and reinstalled by cne maintenance person. Ladder meets design standards and allows maintenance persons safe access. See 'Catch Easins' Standard No. 5 -9805140640 q fD KING COUNTY, WASHI NGTON, SURFACE WATER DESIGN MANUAL ~ NO. 4 - CONTROL STRUCTU RE/FLOW RESTRICTOR ' CN CD Maintenance Conditions When Maintenance Results Expected Component Defect la Needed When Maintenance la Performed p General Trash and Debris Distance behq"n debris build-up and All trash and debris removed. (Includes bottom of orifice plate is less than 1-1/2 Sediment) feet. o Structural Damage Structure is not securely attached to Structure securely attached to wall and manhole wall and outlet pipe structure outlet pipe. should support at least 1,000 pounds of ' CD up or down pressure. Structure is not in upright position (allow Structure in correct position. CD CD up to 10% from plumb). Connections to outlet pipe are not Connections to outlet pipe are watertight; watertight and show signs of rust. structure repaired or replaced and works as designed. Any holes - other than designed holes - Structure has no holes other than in the structure, designed holes. Cleanout Gate Damaged or Cleanout gate is not watertight or is Gate is watertight and works as designed. Missing missing. Gate cannot t>e moved up and down by Gate moves up and down easily and is one maihtenance person. watertight. Chain leading to gate is missing or Chain is in place and works as designed. damaged. Gate is rusted over 50% of its surface Gate is repaired or replaced to meet area, design standards. Orifice Plate Damaged or Control devioe is not working properly Plate is in place and works as designed. Missing due to missing, out of place, or bent orifice plate. Obstructions Any trash, debris, sediment, or vegetation Plate is free of all obstruetions and works blocking the plate. as designed. Overflow Pipe Obstructions Any trash or debris blocking (or having Pipe is free of all obstructions and works the potential of blocking) the overflow as designed. pipe. Manhole See 'Closed Detention Systems' Standard See 'Closed Detention Systems" Standard No. 3. No. 3. Catch Basin See "Catch Basins' Standard No. 5. See "Catch Basins" Standard No. 5. KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL r i i 'r s s t 1 'r r 1 i I~ W M, •ryo~ KJ NO. 5 - CATCH BASINS Maintenance Conditions When Maintenance Results Expected Component Defect Is Needed When Maintenance is Performed General Trash & Debris (Includes Sediment) Trash or debris of more than 1/2 cubic foot which is located immediately in front of the catch basin opening or is blocking capacity of basin by more than 10%. Trash or debris (in the.basin) that exceeds 1/3 the depth from the bottom of basin to invert of the lowest pipe into or out of the basin. Trash or debris in any inlet or outlet pipe blocking more than 1/3 of its height. Dead animals or vegetation that could generate odors that would cause complaints or dangerous gases (e.g., methane). Deposits of garbage exceeding 1 cubic foot in volume. No trash or debris located immediately in front of catch basin opening. No trash or debris in the catch basin. Inlet and outlet pipes free of trash or debris. No dead animals or vegetation present within the catch basin. No condition present which would attract or suoport the breeding of insects or rodents. Frame is even with curb. Structural Damage to Frame and/or Top Slab Corner of frame extends more than 3/4 inch past curb face into the street (it applicable). Top slab is free of holes and cracks. Cracks in Basin Walls/Bottom Settlement/ r Misalignment Fire Hazard Vegetation Pollution Top slab has holes larger than 2 square inches or cracks wider than 1/4 inch (intent is to make sure all material is running into the basin). Frame not sitting flush on top slab, i.e., separation of more than 3/4 inch cf the frame from the top slab. Cracks wider than 1/2 inch and longer than 3 feet, any evidence of soil panicles entering catch basin through cracks, or maintenance person judges that structure is unsound. Cracks wider than 1/2 inch and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. Basin has settled more than 1 inch or has rotated more than 2 inches out of alignment. Presence of chemicals such as natural gas, oil, and gasoline. Vegetation growing across and blocking more than 10% of the basin opening. Vegetation growing in inlet/outlet pipe joints that is more than six inches tail and less than six inches apart. Nonflammable chemicals of more than 1/2 cubic foot per three feet of basin length. Frame is sitting flush an top slab. Basin replaced or repaired to design standards. No cracks more than 1/4 inch wide at the joint of inlet/outlet pipe. Basin replaced or repaired to design standards. No flammable chemicals present. No vegetation blocking opening to basin. No vegetation or root growth present. No pollution present other than surface film. Storm Water Easement and Maintenance Agreement Page 12 of 17 9805140640 „dom. KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL o NO. 10 - CONVEYANCE SYSTEMS (Pipes & Ditches) Maintenance Conditions When Maintenance Results Expected C11 Component Defect Is Needed When Maintenance Is Performed w CD ro CD Pipes Sediment & Debris Accumulated sediment that exceeds 20% Pipe cleaned of all sediment and debris of the diameter of the pipe. . Vegetation Vegetation that reduces free movement of All vegetation removed so water flows water through pipes. freely through pipes. Damaged Protective coating is damaged. rust is Pipe repaired or replaced. causing more than 50% deterioration to any part of pipe. Any dent that decreases the cross section Pipe repaired or replaced. area of pipe by more than 20%. Open Ditches Trash 8 Debris Trash and debris exceeds t cubic foot Trash and debris cleared from ditches. per.1,000 square feet of ditch and slopes. Sediment Accumulated sediment that exceeds 20% Ditch cleaned/flushed of all sediment and of the design depth. debris so that it matches design. Vegetation Vegetation that reduces free movement of Water flows freely through ditches. water through ditches. Erosion Damage to See 'Ponds' Standard No. 1 See 'Ponds' Standard No. 1 'Slopes Pock Lining Out of Place or Missing (If Maintenance person can see native soil beneath the rock lining. Replace rocks to design standard. Applicable) Catch Basins See 'Catch Basins' Standard No. 5 See 'Catch Basins' Standard No. 5 Debris Barriers See 'Debris Barriers' Standard No. 6 See 'Debris Barriers' Standard No. 6 (e.g., Trash Pack) 1310 Swsi LF' : w ~7fESE pL.Q,~ 4RE -r'o L~a►-~+ o- Fr¢EQts~r-ri- Sv ~ L e-o KC) r- --s o ti -S7~~uD~~U ~f~ l Z 5 ~7u Q 4rti~__.7 ~ _ DaA`rT C•-r~ Doc~.v p!~-N f ~ 5~a-L~ ~KL~ Cs-r~.B 4 s ff E,~. KING COUNTY, WASHI NGTON, SURFACE WATER DESIGN MANUAL NO. 5 - CATCH BASINS (Continued) Maintenance CondMons When Maintenance Results Expected Component Defect Is Needed When Maintenance Is Performed Catch Basin Cover Cover Not in Place Cover is missing or only partially in place. Catch basin cover is closed. Any open catch basin requires maintenance. Locking Mechanism cannot be opened by one Mechanism opens with proper tools. Mechanism Not maintenance person with proper tools. Working Bolts into frame have less than.1/2 inch of thread. Cover Difficult"o One maintenance person cannot remove Cover can be removed by one Remove lid after applying 80 lbs. of lift; intent is maintenance person. keep cover from sealing off access to maintenance. (adder Ladder Rungs Ladder is unsafe due to missing rungs, Ladder meets design standards and Unsafe misalignment, rust, cracks, or sharp allows maintenance person safe access. edges. Metal Grates Grate with opening wider than 7/8 inch. Grate openings meet design standards. (f applicable) Trash and Debris Trash and debris that is blocking more Grate free of trash and debris. than 20% of grate surface. Damaged or Mi i Grate missing or broken member(s) of Grate is in place and meets design ss ng the grate. standards. Storm Water Easement and Maintenance Agreement Page 13 of 16 9805140640 _x_..__.. _ b to " KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL 0 c~ NO. 11 -GROUNDS (Landscaping) w Maintenance Conditions When Maintenance Results Expected W Component Defect Is Needed When Maintenance is Performed n, tf _ General Weeds Weeds growing in more than 20% of the Weeds present in less than 5% of the a (Nonpoisonous) landscaped area (trees and shrubs only). landscaped area. Safety Hazard Any presence of poison Ivy or other No poisonous vegetation present in a poisonous vegetation. landscaped area. Trash or litter Paper, can, bottles, totalling more than 1 ithi bi l d Area clear of litter. n a cu c foot w an scaped area (trees N and shrubs only) of 1,000 square feet. Y Trees and Shrubs Damage Limbs or parts of trees or shrubs that are Trees and shrubs with less than 5% of the CD split or broken which affect more than total foliage with split or broken limbs. 25% of the total foliage of the tree or CD shrub. Trees or shrubs that have been blown Tree or shrub in place free of injury. down or knocked over. Trees or shrubs which are not adequately Tree or shrub in place and adequately . supported or are leaning over, causing supported; remove any dead or diseased exposure of the roots. trees. .o oa (D o, r~ ru G a N -40 0 Cx KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL NO. 12 - ACCESS ROADS/EASEMENTS n 6 Maintenance Conditions When Maintenance Results Expected p J Component Defect Is Needed When Maintenance Is Performed General Trash and Debris Trash and debris exceeds 1 cubic foot Trash and debris cleared from site per 1,000 square feet, i.e., trash and . debris would fill up one standard size garbage can. r d Blocked Roadway Debris which could damage vehicle tires Roadway free of debris which could (glass or metal), damage tires. IN Any obstructions which reduce clearance Roadway overhead clear to 14 feet high. above road surface to less than 14 feet. ~CA y 6 My obstructions restricting the access to Obstruction removed to allow at least a 40 a 10- to 12-toot width for a distance of 12-foot access. more than 12 feet or any point restricting access to less than a 10-foot width. try Z Road Surface Settlement, When any surface defect exceeds 6 Road surface uniformly smooth with no Potholes, Mush inches in depth and 6 square feet in area. evidence of settlement, potholes, mush Spots, Ruts In general, any surface defect which spots, or ruts. ~ hinders or prevents maintenance access. °w Vegetation in Road Weeds growing in the road surface that Road surface free of weeds taller than 2 to tJ Surface are more than 6 inches tall and less than inches. 6 inches apart within a 400-square-foot v area. y Shoulders and Erosion Damage Erosion within i foot of the roadway more Shoulder free of erosion and matching Ditches than 8 inches wide and 6 inches deep. the surrounding road. Weeds and Brush Weeds and brush exceed 18 inches in Weeds and brush cut to 2 inches in > height or hinder maintenance access. height or cleared in such a way as to w allow maintenance access. f 4