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HomeMy WebLinkAbout20100727000933 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 072710 Return Address: City of Auburn City Clerk 25 West Main Auburn,WA 98001 20100727000933 PACIFIC NW TIT EAS 78.00 PAGE-001 OF 017 07/27/2010 12:20 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC08-0019 1.)1GIFIC NORTHWEST TITLE . . 1.0(1: (-12. 7— ' Reference#(if applicable): N/A Grantor/Borrower: On The Rock 98040,LLC c/o Scott Gibson Grantee/Assignee/Beneficiary: City of Auburn 6. 0 Legal Description/STR: SE 1/4 13-21-04 d L t2 Assessor's Tax Parcel ID#: 391500-0065,391500-0070,391500-0075,391500-0080 THIS EASEMENT AND AGREEMENT made and entered into this I day of x L,N 1= , 2010, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and On The Rock 98040,LLC c/o Scott Gibson hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for a warehouse located at 702 3"d Street SW, 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 Said doc!umen sis) were too:! &o=lit gi:3 Storm Water Easement and Maintenance Agreement record P'c�r^ tc'r ;lJest E s€i Page 1 of 17 an accCmmodlt c,r, n.`y. it nas not bt en examined as ti p:ooer execution EXCISE 7 X NOT REQUIRED as to its effect upon rii!e. Cc Recoras 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 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" & `B" 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. FAC08-0019, 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" & "B" 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. Storm Water Easement and Maintenance Agreement Page 2 of 17 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 "C" 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 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. Storm Water Easement and Maintenance Agreement Page 3 of 17 May. 26. 2010 10:22AM No. 1125 P. 8 EXECUTED as of the date first written above. (/)-)012e-2....1 5-ez -/o Authorized Signature Date Authorized-Signature Date • STATE OF WASHINGTON) )ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that sCCS/1/. /2-5 oil and Ware 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 o execute the instrument and acknowledge as the 4.1'1 v/4 741(i", r�` of On The Rock 98040,LLC a limited liability Lompany,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated'CF/ 4-, )-O/ •\ssioiv F.. ; Notary Public igg,and for the State of Washington o Residing at flew i ' 1/0 11 c.; My appointment expires 3 % /3 N '°UBL\C • 15:•••‘7.,/8.� `o,1\� %OF wASN�7i,14� Storm Water Easement and Maintenance Agreement Page 4 of 17 CITY OF AUBURN T' arlaw, Storm Drainage Engineer e/f/Dr4all'te 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 ( / / 10 TERR kill,/ Y co otafor r (PI No �, Notary Public in and for the Stat ,o Washington r i ' = Residing at t� -.�_ (' e g . L s My appointment expires /if/9 /"l <,Ii 9si41,s�j�a....`? '/,, {NG;QN \ �426 MAB/tib File: #1237 REF.H:\Development\Projects\Scott Gibson Warehouse\FAC08-0019 Scott Gibson Warehouse\Legal Documents 2010 Storm Water Easement and Maintenance Agreement Page 5 of 17 Exhibit A Legal Description A portion of the west half of the southeast quarter of Section 13,Township 21 north,Range 4 east,W.M.,in King County,Washington,more particularly described as follows: Beginning at the southeast corner of Lot 12 of Block 1,Knickerbocker's First Addition to the Town of Auburn,according to the plat thereof recorded in Volume 16 of Plats,page 23,in King County,Washington; thence North 87°17'46" West,along the south line of said Lot 12,a distance of 182.79 feet to the easterly margin of the Chicago,Milwaukee,and St. Paul Railway Company right-of-way; thence South 00°07'46" West,along said easterly margin,a distance of 860.41 feet to the northerly margin of SR 18,per Washington State Departtment of Transportation Right-of-Way Map titled,SRI 8 MP 3.49 to MP 3.94,"C"ST. SW INTERCHANGE VIC., Sheets 1-6,approved September 22, 1999; thence North 83°53'35" East,along said northerly margin,a distance of 156.74 feet; thence continuing along said northerly margin,North 70°32'02"East,a distance of 74.68 feet to the west line of Lot 2, City of Auburn Short Plat Number 17-79,as modified under Recording Number 8005190339,being a revision of Short Plat recorded under Recording Number 7909060586; thence North 02°4225"East,along said west line,a distance of 597.35 feet to the southerly margin of 3rd Street Southwest; thence North 87°17'35" West,along said southerly margin,a distance of 80.00 feet to the east line of the above described Block 1; thence North 02°43'11"East,along said east line,a distance of 210.00 feet to the Point of Beginning. Situate in the City of Auburn, County of King,State of Washington. y ►t'l' t., 7 rm 3is 0' s Storm Water Easement and Maintenance Agreement Page 6 of 17 Exhibit B NW-SE 13, T21 N, R4 E, WM 1197'17' --WI; .79' :3 aC "s 3 $— I V u Is ORD ST 3Y —I, . '7. 7'r' 80.00' • a vi ;.... P MACE;. S Or gam Iq 5' NON-79 r' m to to IQ V ? NOT TO SCALE Apr",t'W,,i//eeNrd>V vN.VvAWsS'`..,,' ^tt,, N H <0 © 'O ! ! ' a J tr` q 38955 % ..4+ r %%5.74 7 s 3*53' ''I\hVA1AAVNA11AAAAA/Ies/iw.”.. ivr1//1 i 4J ER 18 Storm Water Easement and Maintenance Agreement Page 7 of 17 Fxhihit C STORMWATER POLLUTION PREVENTION PLAN for • SCOTT GIBSON WAREHOUSE Site Address: The project is located in the SE quarter of Section 13,Townslip 21 North, Range 4 East, W.M.,on parcels 3915000065,3915000070,3915000075,& 3915000080. Introduction: This storm drainage technical information report has been prepared to address the City of'Auburn's site development and storm drainage requirements for the proposed Scott Gilson Warehouse.The site has an area of approximately 0.86 acres and Is currently undeveloped.The subject site wfti be developed to support a 15,510 SF warehouse and associated parking.The subject site will contain 0.706 acres of impervious surface and 0.152 acres of landscaping. According to the City of Auburn's Construction Standards for stormwater management,the city requires stormwater quantity and quality control to all proposed developments.We have proposed to collect aft of the stormwater runoff from the landscaped,building and pavement areas Nt a series of catch basins.This water will be conveyed by storm drainage pipe to a stormwater detention tank located beneath the parking lot on the east side of the new building. From here the stormwater will be released into a new 12-inch stormwater main that will carry runoff north in G Street SW to the existing conveyance system. Plan Goat The specific purpose for the stormwater facility Is to minimize pollution that is typically associated with modem 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 stormwater facility maintenance. Prevention BMP'S The catch basins shall have stenciled on them*DUMP NO WASTE—DRAINS TO STREAM."The owner shall be responsible for sweeping the lot,installing Storm Water Easement and Maintenance Agreement Page 8 of 17 storm drainage stenciling and provide spill control procedures. In case of spill call DOE at 1-425-649-7000. The catch basins, detention tank, control structure,and BaySaver will be visually inspected for accumulation m►ulation 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(TanksNauits) No.4—Control Structure/Flow Restrictor No. 5—Catch Basins (Department of Ecology Stormwater Manual,August 2001). BaySaver Separator System Treatment BMP'S A BaySaver Separator System has been installed to treat runoff for conventional pollutants.The BaySaver was designed to treat a minimum of 64% of the 2-year storm event (water quality storm) for water quality treatment.In addition,the detention pond was designed to detain the volume created from releasing stormwater at a rate of half the existing 2-year and the full 10, 25, and 100-year storm events, while holding the surplus volumes generated from the developed site during the 2, 10,25,and 100-year design storm events. The City of Auburn Utilities Section is to review and approve any changes to in its this Stormwater Pollution Prevention Plan prior to es of knplementatl n. Additionally, any changes WI ownership responsibility are to be reported to the City Utilities Sections. inspection!Maintenance: Regular inspections of the drainage facilities should be carried out twice per year,in the spring and fail.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 treatment, the BaySaver must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. Storm Water Easement and Maintenance Agreement Page 9 of 17 Catch Basins shall be cleaned when sump is 1/3'full of sediment or debris. Person of Responsibility: Mr. Scott Gibson 702 3M Street SW Auburn,WA 98001 (253)735-4444 Design Engineer. Rupert Engineering, Inc. Adam E. Paul, PE 1519 West Valley Highway North, Suite 101 Auburn,WA 98001 (253) 833-7776 Plan and I or information Updates: The City of Auburn Utilities Section is to review and approve any changes to this Stormwater Pollution Prevention Plan prior to charges in its inviernertation. Additionally, any changes in ownership or person of responsbitty are to be repotted to the City Utilities Secs. (Changes to ownership shall be reported to the City of Aubum's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 10 of 17 • INSPECTIIANNTENANCE CHECKLIST • • r`1L r - tea' {u c H qtr ,'J. [ L..• s,i Y'...s X2 5-#['[ ti INSPECTIQISTRUCTURE NCE• , • Results/ Maintenance Date Inspection AN Catch Bass Results matron Done Storm Detention InsPectoll Tank Results M n nanse Done InsPeofon conveyance pipes Reads _ Maintenance Dane Inspedioll BaySaver Res Maintenance Done Fir Control Inspection Structure Resuks Maintenance Done Storm Water Easement and Maintenance Agreement Page 11 of 17 Maintenance Standards for Drainage Faculties The facility-specific maintenance standards contained in this section are intended to be conditions for determining if maintenance actions are required as identified through inspecn.They are not intended to be measures of the facility's required coon at all times between inspections. In other words, exceeding these conditions at any time between inspections andior maintenance does not automatically constitute a violation of these standards. However, based ton 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. No.3—Closed Detention Systems(TanksiVaults) Magic• '.. ' Defect. cortididvas Winn gtatetenance k 10660 Racks gxp.eted ,. Conepeiwrt When Wince Is Storage Area Plugged Air Vents bloc n a • Verna and Debris and Sediment Accumulated sediment depth exceeds 10% At sediment and of the diameter of the storage area for 112 debits removed from length of storage vault or awly 4 pow depth storage area. exceeds(Exemplec 724nch storage tank would requke dewing when sedknent reaches depth of 7 inches for more than 1t2 length of Joints Between TanklPip•Salon L o to operatics'_or voids'graving material to are seated. c�f a itrrr ratf� to Tank P .Bent Out My pat of hinkJbbe is bent out of shape Tartipe repaired or of Shape more than 100%rigs design shape.(Review replaced to by engineer to determine structural Vault Structure Cracks wide'than 1/2 4nch and any Vault Of includes Cracks in evidence of sal entering the to design Wall,Bottom, structure the cracks,or Damage to Frame maintenencedrispecion personn of =onssourairlidd. andtor Top Slab determines t vault le not structurally sound. Cracks wider than 112-Inch at the jolt of No cracks more than any irdetioutiet pipe or any evidence of sog 414-i vide at the peados v enter the vau*through tie of the Wetfoutet Storm Water Easement and Maintenance Agreement Page 12 of 17 No.3—Closed Detention systems(TanksNaults) cp • Defect .Condtkes When Meintenents a Needed Rea*Expscisd Ceapmrant Particle Cover Not In Place Cover b In Pte. Is dosed. rice. Lodrbg Mechanism Mechanism cannot be opened by one Mechanism opens Not Worth mOntenance person proper bob.Botts with proper tools. into frame have less than 112 irk of th end (nay not*My to lids). Cover Difficrtt to One maintenance person cannot remove Id Cover can be Remove after smiling normal Ming pressure.Intent removed and b to keep cover from sealing off access to reinstalled by one maintenance acre= Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, Ladder meets ant,not y attached to stas.Allows structure wall,runt.or cracks. maintenance person safe access. Catch Basins See'Catch Bass' See'Catch Basins'(No.5). See s'Catch Basins* (No.5) No.4—Control StructureIFlow Restrict • Makdsrsnse :. DMa t Condition When Malntsnanceis Needed tt E d .. lcxrrpor • General Trash and l exceeds 25%of*tarp depth or 1 Cont of structure (Includes Sedment) foot below mace piste. orifice is not bloated. All lash send debris removed. Structural Damage wet attached to amass securely manhole to wail and outlet pipe. Situate is not in upright position(alloy tp Structure In correct to 10%from gnosis.). Connections to of pipe are not watertight to outlet and W Ors F or replaced and works es designed. Any holes—other the structure. holes other than designed Ides—In Structure hes than designed holes. Storm Water Easement and Maintenance Agreement Page 13 of 17 No.4—Control StructureiFlow Rest Iclor • -0066,nce Dot t condition When Mai nance is Needed R r Exp d to Paord peanut Gate wed or Mils* Mood gate is not w ti'ghtoris*sing.. Ewe Is vmheight andwatcs es Gate amnot be moved up and down by one Gee mom up and maintenance person. dean early and is watedgit Chainhad leading to gabe is ntesirg or Clain is in pine and works as designed. Gate Is wed over50%of its surface area. Gat is repaired or repkted to meet deskin*Wards. Orifice Rate Dowd or Passing Cato;device is not waridrg properly due Fide is b place imd to**kg,out of place,or bent aka plate. wads u desigied. Obslludons Any bash,debds,seciewt,or vegetation Hate le free ofal tiockhg the plate. obdructions oral •Overflow Pipe Obsfrudions Any trait or debris bbckrng(orlwrng the Mee is bee of al potential of blocking)the overflow pie. obskicions and works as designed. Math* d See`Closed Detention Systems'(No.3). See Detenlian Systems' Manion Systems' (No.3). fel 3). Catch Basin See'Catch Basins` See't tit Basins`(No.5). See'Catch was' (No.5). `). Storm Water Easement and Maintenance Agreement Page 14 of 17 No.5—Catch Ssstns • Mob ! thce Defect conditions When Maintenance is N edsc( I sultr►:aixp.otid When Iasrlbd General Trash& Trash or debris which is located immediately No Trusts or debris Debris In front of be catch basin opening or is located immediately in blocking iniettfrog capacity of the basin by front of catch basin or on more than 40%. grate opening. Trash or debris On the basin)that exceeds GO No bash or debris In the percent of the sun depth as measured from catch basin. the bottom of basin to Invert of the lowest pie into or out Mile but in no case less than a minimum of skit dearancs from-the debts surface fo the Weil of the thwart pipe. Trash or debris in any inlet or cutlet pips Inlet and outlet pipes free blocking more than 4A of its height. afresh or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or (e(e.g.,methane). the catch basin. Sediment Seclment Ott the beat°that exceeds a4 No sediment in the catch percent of the sump d eptl as measured from ba sin the bottom of basin to invert of the lowest pips into or cut of the besl%but in no ease less than a minimum of B inches clearance from the sediment surface to the invert of the lowest pipe. Structure Top slab has hales larger than 2 Top slab is free of holes Frame and/or or wider than 4!4 inch and cracks. Top Slab Ontent M to make sure no material is running kft basin). Frame not eating flush on top slab,i.e., Frame Is sang flush on separation of more than 3/4 inch of the frame the riser diw tortop slab from the top stab.Frame not securely and*rely . attached Fractures or that structure N Basin Cracks i unsound. design Basin Walls/ standards. Bottom Grout fillet has s or cracked wider Pipe is regrouted and than 412 inch and than 1 foot at the secure at well. Joint of any pipe c•any evidence of soil particles entering catch basin through Settlement/ If failure of basin has created a safety. Basin repteced or Misalignment function,or design problem• repaired to design Vegetation Vegetation i woes and blocking No n blocking more than 10% basin opening. opening to basin.vegetation or root that Is ore grovAng Inches tail and less than ggrowta six inches apart. Storm Water Easement and Maintenance Agreement Page 15 of 17 MI5-00 Basks i� nance De sect Comitions Whin *le Needed Reeds Expected d When Conl8tnlation See on Ponds'(No.1). No pats ptese arid llm Catch Bain ewer Not in Cover is missing arcity m pke. Catch baslmoo eris Cover lite Any opal cod basin ret es nonten ice. dosed Lockhg kiedsism cannot be by OM Mahal=opens sib �te�18fl�Sm eskienance person prober bob.Bois pmt Mk. 141 Working into frame Nee fess 1t2 ilth of Med. Cover Circa One makenence peon coot remove id Cover can be removed by b Remove air ratan g tire. one moirionce person. (kdemt tskaep seer tom sedkgo f access b ma enancea • Ladder Ladder Rungs Ladders sub doe to nissiv sips,not Ladder nex4srkelp hire suety tbsched b basin wall, standads emdadowrs misdPlient mat,c lust cracks,Or Oat)edges. make=person sale Metal Grates Grab opemNg Gr ww openiv eider M118 kith. Grit ope g nes Trash and T sal del* blockingebrethan Gabe free of Iran and Debris 20%of grad sake it ng thy. debris. or Grate ruing tr m (s)of The Grab's in pia and kink Vie, mw standards. Storm Water Easement and Maintenance Agreement Page 16 of 17 BAYSAVER MAINTENANCE BAYSAVER SYSTEMS MUST BE INSPECTED AND MAINTAINED PERIODICALLY. INSPECTION IS MADE BY CHECKING THE DEPTH OF SEDIMENT IN EACH MANHOLE WITH A GRADE STICK OR SIMILAR DEVICE. MAINTENANCE IS REQUIRED WHEN THE SEDIMENT DEPTH IN EITHER MANHOLE EXCEEDS 2 FEET. MINIMUM INSPECTION IS RECOMMENDED TWICE A YEAR TO MAINTAIN OPERATION AND FUNCTION OF BAYSAVER. MAINTENANCE CONSISTS OF THE FOLLOWING: A. CONTAMINANT STORAGE MANHOLE 1. REMOVE THE ENTIRE VOLUME OF THE CONTAMINATED WATER BY VACUUM TRUCK. 2. CLEAN THE MANHOLE WALLS AND FLUSH OUT THE MANHOLE USING A HIGH PRESSURE HOSE AND REMOVE FLUSHING WATER BY VACUUM TRUCK. MAKE CERTAIN MANHOLE IS CLEAN. B. PRIMARY SEPARATION MANHOLE 1. USING A SUBMERSIBLE PUMP PUMP THE CLEAN WATER FROM THE CENTER OF THE MANHOLE DIRECTLY INTO THE EMPTY STORAGE MANHOLE UNTIL THE WATER LEVEL FALLS TO 1 FOOT ABOVE THE SEDIMENT LAYER. 2. REMOVE THE SETTLED SEDIMENT AND REMAINING WATER BY VACUUM TRUCK. 3. CLEAN THE MANHOLE WALLS AND FLUSH OUT THE MANHOLE USING A HIGH PRESSURE HOSE AND REMOVE FLUSHING WATER BY VACUUM TRUCK. MAKE CERTAIN MANHOLE IS CLEAN. 4. CONTAMINATED MATERIAL REMOVED FROM THE MANHOLES MUST BE DISPOSED OF RESPONSIBLY AND LEGALLY BY THE OPERATOR OF THE VACUUM TRUCK. Storm Water Easement and Maintenance Agreement Page 17 of 17