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Home My WebLink About20061213002493 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 112706Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 EXCISE TAX NOT REQUIRED lGng CO. Records Division sy= ~putY Above this line reserved 11111111 20, PACIFIC NW TIT E PAGE001 OF 018 12/13/2008 15:17 KING COUNTY, WA information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT vvk t - W Sb~ S-l~ FAC05-0019 k~ (dA Reference # (if applicable): N/A Grantor/Borrower: Pike Street Capital LLC Said documetu(s) w fiW tar Grantee/Assignee/Beneficiary: City of Auburn record by Paefic NOR TIOe w Legal Description/STR: NE Y< S11 T21N R4E WMaooommodation only. It notboen Assessor's Tax Parcel ID#: 030351-0171 exwkned as to proper ao" im K THIS EASEMENT AND AGREEMENT made and entered into this o77 day of N dy F-mh r r~ , 2006, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Pike Street Capital LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for the Pike Street Development located at 1717 Pike St. 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 Storm Water Easement and Maintenance Agreement Page 1 of 18 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 PROPERTY OWNER hereby provides a non-exclusive easement to the City for access, inspection, and maintenance for the purposes of this Agreement and the attached Storm Water Pollution Prevention Plan, over, under and on that real estate described in Exhibit "A" 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. FAC05-0019, 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 a benefit to the City Storm Drainage 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 Storm Water 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 to 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. Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS Storm Water Easement and Maintenance Agreement Page 2 of 18 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 Carlaw, Storm Drainage Engineer Date STATE OF WASHINGTON) ) ss County of KING ) I certify that I know or have satisfactory evidence that TIM CARLAW 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 STORM DRAINAGE ENGINEER of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated ///a7/C~% E0-4i4 13A (,,try Notary Public roan for the St gton Residing at ks ~ &004111/ (1, "'y M~ My appointment expires l I 17/o Storm Water Easement and Maintenance Agreement Page 3 of 18 y STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have ' ?rtyfactory evidence that Li'& ^ 19P S T/.t is re the person(s) who appeared before me and said =e s) acknowledged that /she/they signed this instrument on oath stated tha~e/they ere authorized to execute the ,.instrument and acknowledge s the 914 B Y of f r /rzp 'Sy - re-, GL2 a limited liab ity company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. h /1 t l .zA t c ; r,3 C' p ++e 1~ ~ c ~ F~S~.~" Notary Public • Residing at My appointment KT/tlb File: #1060 REF. H:\Development\Fonns\Legal Documents\2006 &,)A,( Storm Water Easement and Maintenance Agreement Page 4 of 18 owner uate EXHIBIT "A" LOT 2 THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 2P NORTH, RANGE 4 EAST, W.M., IN KING 41Y. WASHINGTON, DESCRIBED AS FOLLOWS: LOT 17, REVISED, AS SHOWN ON CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA 0001-99 RECORDED UNDER RECORDING '39030319"102; LESS THAT PORTION CSFSCRIBEO AS FOLL11'WS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 17. REVISED, AS SHOWN ON CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA 0001-w99 RECORDED UNDER RECORDING NUMBER 9903031902, RECORDS OF KING COUNTY, WASHINGTON; THENCE ALONG THE SOUTH LINE OF SAID LOT 17, REVISED, NORTH 88' 49' 2^" WEST FOR 2 70.0,01 FEET. THENCE NORTH 1' 10' 40" EAST FOR 149.81 FEET TO THE NORTH LINE OF SAID LOT 17, REVISED; THENCE ALONG SAID NORTH LINE. SOUTH 88 51' O9" EAST FOR 270.00 FE CT; THENCE ALONG THE FAST LINE OF SAID LOT 17. REVISED, SOUTH 1" 1,0' 43" WEST FOR 1+49.95 FEET TO THE POINT OF' BECdNMNG. Stoma Water Easement and Maintenance Agreement Page 5 of 18 Wi 4,°24kK EXHIBIT "B" STORMWATER POLLUTION PREVENTION PLAN Forthe PIKE STREET DEVELOPMENT SEPA# 98-0012 FAC# 05-0019 Site Address: 1717 PIKE STREET NW, AUBURN, WA The project is located in NE 1/4, Section 11, Township 21 North, Range 4 East, W.M. at 1717 Pike Street NW. The Tax Parcel # 030351-0171 Introduction: This stormwater pollution prevention plan has been prepared to address the City of Auburn's site development and storm drainage requirements for the proposed Pike Street Development located at 1731 Pike Street NW. The site has an area of approximately 1.987 acres and is currently vacant. The subject site will have two commercial buildings constructed along with a storm water detention pipe and an Aqua -Swirl AS-3 concentrator for water quality treatment. Existing utilities are located on or near the site and do not require any major extensions and only minor work in the R.O.W. Access will be from Pike Street NW. The subject site is vacant, and will be fully developed with two commercial buildings and paved parking stalls and associated driveways. The proposed development is not expected to generate any pollution. A 49" x33" CMP Arch Pipe tank system will provide underground storm water detention and a Model AS-3 Aqua-Swirl Concentrator will provide water quality control for storm runoff from the site. According to the City of Auburn's Construction Standards for storm water management, the city requires storm water quantity and quality control to all proposed developments. We have proposed to collect all of the storm water runoff from the landscaped, building and pavement areas in a series of catch basins. This water will be conveyed by storm drainage pipe to the storm drainage detention pipe located under the driveway and then to the Aqua-Swirl. The water will then be released through a 12" pipe connected to the existing SDMH K3F in Pike Street NW. Should overflow occur the water would flow over the paved driveway and enter the existing storm drainage system in Pike Street NW. Storm Water Easement and Maintenance Agreement Page 6 of 18 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. Prevention BMP'S The catch basins shall have stenciled on them "DUMP NO WASTE - DRAINS TO GROUND. The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call DOE at 1-425-649-7000. The catch basins, detention storage pipes, and Aqua-Swirl will be visually inspected for accumulation of debris and silt and will be maintained as required by this pollution prevention plan and attachments. Maintenance Standards for Drainage Facilities No. 3 - Closed Detention Systems No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins (Department of Ecology Storm Water Manual, August 2001). Treatment BMP'S An Aqua-Swirl AS-3 has been installed to treat runoff for conventional pollutants. The Aqua-Swirl was designed to treat 1.8cfs. In actuality the Aqua-Swirl will treat 100% of the 25 year storm peak flow of 0.9cfs and provide over 80%TSS removal. In addition, the detention tank was designed to detain the volume created from releasing half the existing 2-year, 10, 25, and 100-year storm events, while holding the developed 2-year, 10, 25, and 100-year storm volumes. 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. Storm Water Easement and Maintenance Agreement Page 7 of 18 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. To ensure proper water quality and treatment, the stormwater detention tank, catch basins, pipes and Aqua-Swirl must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. Catch Basins shall be cleaned when sump is 1 /3' full of sediment or debris. Person of Responsibility: Mr. Charles Turbak 3402 West Valley Highway North Auburn, WA 98001 Phone: (253) 939-1800 Design Engineer: Mr. Alan Poe Poe Engineering, Inc. 1314-8 th Street NE, Suite 201 Auburn, WA 98002 Phone: (253) 833-4052 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 Sections. (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 8 of 18 INSPECTION/MAINTENANCE CHECKLIST + STRUCTURE ~ ~ f T. i i ~Pi t t t ~ E tt iPn fib t a :'ii7l~ ti 11 t {,i Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Aqua-Swirl Inspection Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Detention Pipe Inspection Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 18 Maintenance Standards for Drainage Facilities The facility-specific maintenance standards contained in this section are intended to be conditions for determining if maintenance actions are required as identified through inspection. They are not intended to be measures of the facility's required condition at all times between inspections. In other words, exceeding these conditions at any time between inspections and/or maintenance does not automatically constitute a violation of these standards. However, based upon inspection observations, the inspection and maintenance schedules shall be adjusted to minimize the length of time that a facility is in a condition that requires a maintenance action. Storm Water Easement and Maintenance Agreement Page 10 of 18 No. 3 - Closed Detention Systems (Tanks/Vaults) Mairdsnance Defect Conditions When Maintenance is Needed Results Expected Component " When Maintenance is Performed'. Storage Area Plugged Air Vents One-half of the cross section of a vent is Vents open and blocked at any point or the vent is damaged. functioning. Debris and Sediment Accumulated sediment depth exceeds 10% All sediment and of the diameter of the storage area for 1/2 debris removed from length of storage vault or any point depth storage area. 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.) Joints Between Any openings or voids allowing material to All joint between Tank/Pipe Section be transported into facility. tank/pipe sections are sealed. (Will require engineering analysis to determine structural stability). Tank Pipe Bent Out Any part of tank/pipe is bent out of shape Tank/pipe repaired or of Shape more than 10% of its design shape. (Review replaced to design. required by engineer to determine structural stability). Vault Structure Cracks wider than 1/2-inch and any Vault replaced or Includes Cracks in evidence of soil particles entering the repaired to design Wall, Bottom, structure through the cracks, or specifications and is Damage to Frame maintenance/inspection personnel structurally sound. and/or Top Slab determines that the vault is not structurally sound. Cracks wider than 1/2-inch at the joint of No cracks more than any inlet/outlet pipe or any evidence of soil 1/4-inch wide at the particles entering the vault through the joint of the inlet/outlet walls. pipe. Manhole Cover Not in Place Cover is missing or only partially in place. Manhole is closed. Any open manhole requires maintenance. Locking Mechanism Mechanism cannot be opened by one Mechanism opens Not Working maintenance person with proper tools. with proper tools. Bolts into frame have less than 1/2 inch of thread (may not apply to self-locking lids). Cover Difficult to One maintenance person cannot remove lid Cover can be Remove after applying normal lifting pressure. Intent removed and is to keep cover from sealing off access to reinstalled by one maintenance. maintenance person. Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, Ladder meets design misalignment, not securely attached to standards. Allows structure wall, rust, or cracks. maintenance person safe access. Catch Basins See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5) (No. 5). Storm Water Easement and Maintenance Agreement Page 11 of 18 No. 4 - Control Structure/Flow Restrictor Maintenance Defect Condition When Maintenance is Needed Results Expected Component When Maintenance is Performed General Trash and Debris Material exceeds 25% of sump depth or 1 Control structure (Includes Sediment) foot below orifice plate. orifice is not blocked. All trash and debris removed. Structural Damage Structure is not securely attached to Structure securely manhole wall. attached to wall and outlet pipe. Structure is not in upright position (allow up Structure in correct to 10% from plumb). position. Connections to outlet pipe are not watertight Connections to outlet and show signs of rust. pipe are watertight; structure repaired or replaced and works as designed. Any holes--other than designed holes-in Structure has no the structure. holes other than designed holes. Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. Gate cannot be moved up and down by one Gate moves up and maintenance person. down easily and is watertight. Chain/rod leading to gate is missing or Chain is in place and damaged. works as designed. Gate is rusted over 50% of its surface area. Gate is repaired or replaced to meet design standards. Orifice Plate Damaged or Missing Control device is not working properly due Plate is in place and to missing, out of place, or bent orifice plate. works as designed. Obstructions Any trash, debris, sediment, or vegetation Plate is free of all blocking the plate. obstructions and works as designed. Overflow Pipe Obstructions Any trash or debris blocking (or having the Pipe is free of all potential of blocking) the overflow pipe. obstructions and works as designed. Manhole See "Closed See "Closed Detention Systems" (No. 3). See "Closed Detention Systems" Detention Systems" (No. 3). (No. 3). Catch Basin See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5). (No. 5). Storm Water Easement and Maintenance Agreement Page 12 of 18 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed General Trash & Trash or debris which is located immediately No Trash or debris Debris in front of the catch basin opening or is located immediately in blocking inletting capacity of the basin by front of catch basin or on more than 10%. grate opening. Trash or debris (in the basin) that exceeds 60 No trash or debris in the percent of the sump depth as measured from catch basin. the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest pipe. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes free blocking more than 1/3 of its height. of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or dangerous gases (e.g., methane). the catch basin. Sediment Sediment (in the basin) that exceeds 60 No sediment in the catch percent of the sump depth as measured from basin the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest pipe. Structure Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 1/4 inch and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on separation of more than 3/4 inch of the frame the riser rings or top slab from the top slab. Frame not securely and firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or Cracks in unsound. repaired to design Basin Walls/ standards. Bottom Grout fillet has separated or cracked wider Pipe is regrouted and than 112 inch and longer than 1 foot at the secure at basin wall. joint of any inletloutlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or Misalignment function, or design problem. repaired to design standards. Storm Water Easement and Maintenance Agreement Page 13 of 18 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance IS Needed Results Expected When Component Maintenance Is performed Vegetation Vegetation growing across and blocking No vegetation blocking more than 10% of the basin opening. opening to basin. Vegetation growing in inlet/outlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. Contamination See "Detention Ponds" (No. 1). No pollution present. and Pollution Catch Basin Cover Not in Cover is missing or only partially in place. Catch basin cover is Cover Place Any open catch basin requires maintenance. closed Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. Bolts proper tools. Not Working into frame have less than 1/2 inch of thread. Cover Difficult One maintenance person cannot remove lid Cover can be removed by to Remove after applying normal lifting pressure. one maintenance person. (Intent is keep cover from sealing off access to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, standards and allows misalignment, rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 7/8 inch. Grate opening meets (If Applicable) Unsafe design standards. Trash and Trash and debris that is blocking more than Grate free of trash and Debris 20% of grate surface inletting capacity. debris. Damaged or Grate missing or broken member(s) of the Grate is in place and Missing. grate. meets design standards. Storm Water Easement and Maintenance Agreement Page 14 of 18 mw, inspection All AquaShield"" products can be inspected from the surface, eliminating the need to enter the systems to determine when cleanout should be performed. In most cases, AquaShield'"', Inc. recommends a quarterly inspection of the Stormwater Treatment Systems for the first year of operation so an appropriate schedule of maintenance can be developed. Based upon experience from the system's first year in operation, we recommend the inspection schedule be revised to reflect the site-specific conditions encountered. Typically the inspection schedule for subsequent years is reduced to semi-annual inspection. Aqua-SwirlT" Maintenance The Aqua-Swirly" has been designed to minimize and simplify the inspection and maintenance process. The system can be inspected and maintained completely from the surface, thereby eliminating the need for confined space entry. Furthermore, the entire structure (specifically, the floor) is accessible for visual inspection from the surface. There are no areas of the structure that are blocked from visual inspection or periodic cleaning. Inspection of any free-floating oil and floatable debris can be directly observed and maintained through the manhole access provided directly over the swirl chamber. Aqua-Swir['" Inspection Procedure To inspect the Aqua-Swirl'", a hook is needed to remove the manhole cover. AquaShield"" provides a customized manhole cover with our logo to make it easy for maintenance crews to locate the system in the field. We also provide a permanent metal information plate attached inside the access riser, which provides our contact information, the Aqua-Swirl" model size, and serial number. Storm Water Easement and Maintenance Agreement Page 15 of 18 wig a stadia rod The only tools required to inspect the Aqua-Swirl` system are a flashlight and a measuring device (i.e. stadia rod) or pole. Because of the tremendous access provided, floating oil and debris can be observed directly from the surface. Sediment depths can easily be determined by lowering a measuring device to the top of the sediment pile and to the water's surface. When the sediment pile is within 30" to 36" of the water surface the system should be maintained. It should be noted that in order to avoid underestimating the volume of sediment in the chamber, the measuring device must be carefully lowered to the top of the sediment pile. The finer sediment at the top of the pile, typically offers less resistance to the measuring device than the larger particles. Aqua-Swirl' Cleanout Procedure Clean out of the Aqua-Swiri'° is simple. Free-floating oil and floatable debris can be observed and removed directly through the 30° service access provided. A vacuum truck can be used to remove the accumulated sediment and debris. It is important to note that the entire sediment storage area can be reached with a vacuum hose from the surface (reaching all the sides). Disposal of the material is typically treated in the same fashion as catch basin cleanouts. AquaShield'" recommends that all materials removed be handled and disposed of in accordance with local and state requirements. An "Inspection and Maintenance Manual" is provided with each Aqua-Swirl'"` system for more detailed maintenance procedures. On the following page, you will find sample Inspection Data Sheets. Storm Water Easement and Maintenance Agreement Page 16 of 18 Vacuum truck cheat the Aqua Swffl " aonrantrnar w Aqua-Swirl'"' Inspection Data Sheet Location: Date Inspector Name Distance to Sediment (in.) Distance to Water (in.) Floatabie Layer Thickness describe Maintenance Required? (yes/ no) Storm Water Easement and Maintenance Agreement Page 17 of 18 W 1T" Aqua-Swir Maintenance Data Sheet Inspector: Date: Location: Time: INSPECTION General Site Condition Visible Evidence of Spills( Releases (oils, grease, fuels, paints, chemicals): Visible Evidence of Heavy Sediment Deposition: S~erirl Cancenlxator Condition of Swirl Concentrator: Condition of Baffle: Distance to Sediment: Distance to Water: *-Note: If sediment is less than 30" to 36" below water surface, sediment should be removed. CONTAMINATION REMOVAL DATA Floatinn Oil and Debris Approx. Volume: Description: Elapsed Removal Time: Sediment Approx. Volume: Description: Elapsed Removal Time: Other Comments Storm Water Easement and Maintenance Agreement Page 18 of 18