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Home My WebLink About20140421001386 STORM WATER EASE & MAINT AGREEMENT 03/12/2012FIRST AMERICAN Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 )11SO � -zl -s 20140421001386 FIRST AMERICAN EAS 83 00 PAGE-001 OF 012 04/21/2014 15 34 KING COUNTY, WA Above this line reserved for recording mfonnanon. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRA11 =0015 Reference # (if applicable): N/A Grantor/Borrower- Auburn Market, LLC Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR. SW '/4S7 — T21 N — R5E Assessor's Tax Parcel ID# 072105 -9046 THIS EASEMENT AND AGREEMENT made and entered into this day of /y4 ' , 2012, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Auburn Market, LLC hereinafter referred to as "PROPERTY OWNER" WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Auburn Medical /Professional Office Building located at 265 Ion` Street NE, 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 casement and agreement; and?tili7P Y 5 t �8lit.::' :'M +r�i +enn o.�.a �•nv v-- v=im• -.,c +..n ., ,.. Storm Water Easement and Maintenance Agreement Page 1 of 12 v' 9V FIR!",T ,*6 E r CAN obon;) EXCISE TAY ntnT REQUIRED Kinq ^ivwon ey lt� "°GL�fi✓ 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, EASEMENT PROPERTY OWNER hereby provides a nun - 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 Exhibits "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. GRA11 -0015, 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 Exhibits "A" & "B" and incorporated herein by this reference, and shall be a benefit to the City Storm Drainage Utility System. parties. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the 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 casement 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 casement described above to perform emergency maintenance in the event of the storm system's failure which might result in adverse impacts 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 Stonn Water Easement and Maintenance Agreement Page 2 of 12 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. z -zr -�z Authorized ' ature Date as � Authorize Signature Dat STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certifQ have knower have satisfactory evidence that �iye- KeSS� and j VVeI ( (%Vldl/� Yl is /are the person(s) who appeared before me, and said person(s) acknowledged that he /shc /they signed this instrument on oath stated that he /she /they was /were authorized to cxecut the instrument and ackpow�ledge as the ides of f zm a�7g LLC; a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated oa "a.1- 1a PATRICIA S. JOHNSON NOTARY PUBLIC STATE Of WASHINGTON COMr.'iSSION EXPIRES OC?Ohl-R 20. 2014 Notary Public in nd for Residing at ytury_N My appointment expires Storm Water Easement and Maintenance Agreement Page 3 of 12 ashington CITY OF AUBURN tm Carlaw, Storm Drainage Engineer Date STATE OF WASHINGTON) )ss. COUNTY OF KING - ) 1 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 3// -2/1-,)- SG AO ap s • 9Z 5 �+ E0, E-22i Notary Public in Residing at — My appointment L_ 14S /tlb/hb File. #1317 REF FI: \DEVELOPMENT \Projects \Auburn Marketplace - Lot B \GRAI 1 -0015 - Auburn Medical Professional Office Bldg Regular Grading #1317 06.14 11\Legal Docuntents\2012 Storm Water Easement and Maintenance Agreement Page 4 of 12 EXHIBIT `A' LEGAL DESCRIPTION Revised Lot B in City of Auburn Lot Line Adjustment number LLA 01 -0006, according to the survey under recording number 20010307000873, records of King County, Washington. Storm Water Easement and Maintenance Agreement Page 5 of 12 �I tilO w m �I v - � � OD N Q co M N � IN � O Will ° 111111 N upill TIC o_ I � � OD N Q co M N � IN � O ° 111111 N upill TIC o o — o '° ITz 1� p c m 1 '� ilr'e� o o m 0 m z t� OD t w u t m N 1 ` ,S N N t� rn 12� SD_ N N '11 10 u, ` to �% HORIZONTAL DATUM - BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE rn PF " LINE BETWEEN FOUND MONUMENTS WSDOT POINT a31 [I��rI�rl�Il� DESIGNATIONS 2125 AND 3354 (S 1B- 13.20" E), AND WSDOT POINT DESIGNATION 2125 WAS HELD N1'11 O6 E 108.06' FOR POSITION. THESE WSDOT MONUMENTS ARE REFERENCED IN CITY OF CONTROL NETWORK. AUBURN HORIZONTAL EXHIBIT B Storm Water Easement and Maintenance Agreement Page 6 of 12 EXHIBIT 'C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for Auburn Medical /Professional Office Building GRA NO GRA11 -0015 Site Address: The project is located in a portion of the - southwest quarter of Section 7, Township 21 North, Range 5 East, W.M. at 265 10th Street N.E., Auburn, WA 98002. The tax parcel number is 072105 -9046 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 Auburn Medical /Professional Office Building located at 265 10th Street N.E. The site has an area of approximately 2.56 acres and is currently an undeveloped lot within an existing commercial development. The subject site will be developed as a medical and /or professional office building with associated utilities, parking and landscape amenities. The subject site will have a building in the center of the site with parking surrounding the building. There is landscaping surrounding the building as well as in the parking lot and adjacent to 10th Street N.E. 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 a storm water quality and detention pond located northwest of the project site in a dedicated drainage parcel (tax parcel no 072105 -9056) which serves the existing commercial development. Here the storm water is released into a storm drainage pipe running north along 'A' Street N E., discharging to an existing drainage ditch on the west side of 'A' Street N.E. This existing ditch flows north to 15th Street N W and eventually discharges into Mill Creek several miles north of the project. Storm Water Easement and Maintenance Agreement Page 7 or 12 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 STREAM." The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call the Department of Ecology at 1- 425 - 649 -7000 The catch basins onsite 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 (from the City of Auburn Surface Water Management Manual, November 2009) No 5 —Catch Basins Treatment BMP'S: An existing water quality and detention pond is located northwest of the project to treat runoff for conventional pollutants. The detention pond 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. Maintenance and inspection of the existing pond is not part of this agreement. Storm Water Easement and Maintenance Agreement Page 8 or 12 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 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 existing water quality and detention pond northwest of the site must be properly maintained. Because the entire development drains to this pond, runoff from this site affects the pond. 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: Kevin Donovan Latitude Development (Auburn Market, LLC) 1801 West Valley Highway Auburn, WA 98001 253 - 939 -7777 Design Engineer: Jason G Hubbell, P.E. Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 425 - 251 -6222 Plan and /or Information Updates: The City of Auburn Storm Drainage Utility section is to review and approve any changes to this Storm Water 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 Storm Drainage Utility section. Storm Water Easement and Maintenance Agreement Page 9 or 12 INSPECTION /MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTION /MAINTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done 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 12 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 113 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 sifting Flush on top slab, i.e., Frame is sitting Flush on separations of more than 3/4 inch of the the riser rings or top slab frame 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 1/2 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. Vegetation Vegetation growing across and blocking No vegetation blocking more than 10% of the basin opening. opening to basin. Storm Water Easement and Maintenance Agreement Page I I of 12 No. 5 — Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed 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 112 inch of thread. Cover Difficult One maintenance person cannot remove lid One maintenance person to Remove after applying normal lifting pressure. can remove cover (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. Stonn Water Easement and Maintenance Agreement Page 12 of 12