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20030422001003 STORM EASEMENT 042203
T~ . Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordine information. A3 i~z S 01003 34.00 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC02-0031 Reference # (if applicable): N/A Said document(s) *We'#Ied for Grantor/Borrower: BM @ Auburn, LLC Ord by Pacific Northwest Title as Grantee/Assignee/Beneficiary: City of Auburn aocommodation only. It has not bee 1 Legal Description/STR: SW 1/a, 07-2l.-05E examined as to proper execution or Assessor's Tax Parcel ID#: 257840-0070 ds to its affect upon title. Ilo/34 PNw-T w 5y~ N - ~ a THIS EASEMENT AND AGREEMENT made and entered into this day of 2003, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" BM @ Auburn, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at Walgreens Drug Store #7594 located at 1400 Harvey Road 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 1 of 16 r 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 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. FAC02-0031, 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 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 he/she/they/it shall reimburse the CITY for the costs incurred by the CITY in maintaining Storm Water Easement and Maintenance Agreement Page 2 of 16 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. EXECUTED as of the date first written above. CITY OF AUBURN p.~ SU 3-11- d 3 CITY ENGINEER STATE OF WASHINGTON) . )ss. County of King ) 4"'f.' ~l a er Date I certify that I know or have satisfactory evidence that Dennis Selle 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 CITY 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^(1-03 let N, ~Slo .:o~ ~oTAR>- 9N.. N PUB LAG C) 3.29: 01 • \~C9 ►l Ikk OF W AgN Notary Public ' and for residing at My appointment expires tate of Washington -.29-0 Storm Water Easement and Maintenance Agreement Page 3 of 16 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that I m o h v ~l . (~'1 0 PuA s is/are the perso~t(h who appeared before me, and said person acknowledged that he/she/they signe, i s instrument on`oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the M Ana F-t - of the I v\(R- a limited liability company, to be the free and voluntary ac of such party for the uses and purposes mentioned in the instrument. Dated 3/1,103 01 U ~10T/~pm;a EPA( ' M : ~ Notary Public in an for the State f Was ington i PUBLIC ; residing at is r2 e-~ 100 My appointment expires if /i q 103 ~ a as O` 1 ~aa aaaaaaa i WW/bi File: #910 REF. H:Development\\Forms\Legal Documents\2003 Storm Water Easement and Maintenance Agreement Page 4 of 16 EXHIBIT A PARCEL A AFTER ADJUSTMENT. LOTS 2 THROUGH 6, AND LOTS 8 THROUGH 11, BLOCK 2 OF FLOOD'S FIRST ADDITION, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WESTERLY 5.00 FEET OF SAID LOTS 8 & 9, AS DEEDED TO THE CITY OF AUBURN UNDER RECORDING NO. 7803160852 SAID COUNTY AND STATE; EXCEPT THAT PORTION OF SAID LOT 6, LYING WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE NORTH LINE THEREOF SOUTH 89°20'54" WEST A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°20' 18" EAST A DISTANCE OF 144.38 FEET TO THE SOUTH LINE OF SAID LOT 6 AND THE POINT OF ENDING; AND THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE 16.00 FOOT WIDE ALLEY LYING WITHIN BLOCK 2 OF FLOOD'S FIRST ADDITION, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGE 63, RECORDS OF KING COUNTY; EXCEPT THE WESTERLY 5.00 FEET THEREOF AS MEASURED PURPENDICULAR TO THE EASTERLY RIGHT OF WAY LINE ON HARVEY ROAD AS SHOWN ON SAID PLAT; AND EXCEPT THAT PORTION THEREOF LYING EAST OF A LINE DRAWN FROM THE . SOUTHWEST CORNER OF LOT 1, TO THE NORTHWEST CORNER OF LOT 12 OF SAID BLOCK 2; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Storm Water Easement and Maintenance Agreement Page 5 of 16 EXHIBIT B STORMWATER POLLUTION PREVENTION PLAN For Walgreens Drug Store #7594 SEPA# SEP 02-0029 FAC# FAC 02-0031 Site Address: The project is located in the Northeast Quarter of the Southwest Quarter of Section 7, Township 21 North, Range 5 East, W.M. - 1400 Harvey Road. The Tax Parcel Numbers are 257840-0040, 257840-0045, 257840-0050, 257840-0070, and 257840-0081 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 Walgreens Drug Store located at 1400 Harvey Road. The site has an area of approximately 1:84 acres and currently. consists of 5 parcels of land and a portion of a sixth. There is a mix of residential and commercial uses. The parcels range in size from 0.20 acres to 0.55 acres and are developed with both impervious (buildings and pavement) and pervious (grass) areas. The subject site will be developed as a retail use. The subject site will be completely redeveloped. All existing buildings and improvements will be demolished and redeveloped to a Walgreens retail store with two drive-thru lanes. 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 an underground storm water detention facility located at the South side of the site. Here the storm water will be released into a series of new 10" pipes in 14th Street NE, which flows directly into the public system located at the North West corner of the 14th Street NE and I Street intersection. Runoff Storm Water Easement and Maintenance Agreement Page 6 of 16 then flows East within the 14th Street NE right-of-way to a 12" sewer that continues. East in 14th Street NE. 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 DOE at 1-425-649-7000. The catch basins, detention/ wet pond, and control structures 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 (TanksNaults) No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins No. 15 - VortechnicsTM (Department of Ecology Storm Water Manual, August 2001). Treatment BMP'S A "VortechnicsTM,, storm chamber by Engineered Stormwater Products has been installed to treat runoff for conventional pollutants. The storm chamber was designed to treat 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 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 16 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 "VortechnicsTW storm chamber 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: ME at Auburn, LLC P.O. Box 30005 Seattle, WA, 98103 (206) 546-4900 Design Engineer: SSOE, Inc 22121 17th Avenue SE Suite 225 Bothell, WA 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 16 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE 14 ' DATE OF INSPEC-TION/MAINTENANCE Results/ - - - - Maintenance Date Inspection All Catch Basins 8 Results Maintenance Done Inspection All Manholes 7 Results Maintenance Done Inspection All Risers 6 Results Maintenance Done Vortechnics Water Inspection Quality Chamber Results Maintenance Done Storm Detention Inspection (Underground) Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure MH 20 Results Maintenance . Done Storm Water Easement and Maintenance Agreement Page 9 of 16 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 16 No. 3 - Closed Detention Systems (TankstVaults) Mani#enartcew Defect µ Conditio When'Maintenan e is N ded-- = =Resu- ItsrExpect® ' When Maintenance is 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 Coveris 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 16 No. 4 - Control Structure/Flow Restrictor yMain~te c` - Eomponent7~,: Defect. _ W AF_ Condition Wfien~Maintenan^ce i Needed Z_=_1 = = Results Expected ?When Ma~nten# ance er- _ 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 water tight; 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). Storm Water Easement and Maintenance Agreement Page 12 of 16 No. 4 - Control Structure/Flow Restrictor Maintenance one♦* 4 Gom Defect v. Condit on When Maintenance is Needed , 4, Results Expected a ,IV L Wh "Mainte e p en nanc - iS perfo~m,_ed~, ' p Catch Basin See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5). (No. 5). Storm Water Easement and Maintenance Agreement Page 13 of 16 No. 5 - Catch Basins Ma ntenance ( Component 'Defect , Conditioris,When Maintenancelis Needed "V It -V;7 z -9 -V I Results Expected When Wa rMainte~nancsr A 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 1/2 inch and longer than 1 foot at the secure at basin wall. joint of any inlet/outlet 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 14 of 16 No. 5 - Catch Basins Maintenance; f -Defect _ Conditions When Maintenance is Needed ' _ Results Expected When Mai t n m c o A W-1, Z1 i l,_44:.-_i gyn i r vj ; _ ,a - n an e is e 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 15 of 16 No. 15 - VortechnicsTM (stormwater treatment system) Vr:_ Mamtenance Defec# - ! cGonditi©n:When Maintenance ism _Res6lts xpec d°When i_°O_nenf - _ Needed _ _ - - - =Maintenance ~s Performed' Below Ground Sediment Sediment depth exceeds 6-inches in first No sediment deposits in vault Vault Accumulation in chamber. bottom of first chamber. Vault Trash/Debris Trash and debris accumulated in Trash and debris removed from Accumulation chambers the chambers. Sediment in When drain pipes, clean-outs, become Sediment and debris removed. Drain full with sediment and/or debris. Pipes/Clean- Outs Damaged Pipes Any part of the pipes that are crushed or Pipe repaired and/or replaced. damaged due to corrosion and/or settlement. Access Cover Cover cannot be opened; one person Cover repaired to proper Damaged/Not cannot open the cover using normal working specifications or Working lifting pressure, corrosion/deformation of replaced. cover. Vault Structure Cracks wider than 1/2-inch or evidence Vault replaced or repairs made Includes Cracks of soil particles entering the structure so.that vault meets design in Wall, Bottom, through the cracks, or specifications and is structurally Damage to maintenance/inspection personnel sound. Frame and/or determine that the vault is not Top Slab structurally sound. Cracks wider than 1/2-inch at the joint of Vault repaired so that no cracks any inlet/outlet pipe or evidence of soil exist wider than 1/4-inch at the particles entering through the cracks. joint of the inlet/outlet pipe. Baffles Baffles corroding, cracking warping, Baffles repaired or replaced to and/or showing signs of failure as specifications. determined by maintenance/inspection person. Access Ladder Ladder is corroded or deteriorated, not Ladder replaced or repaired Damaged functioning properly, not securely and meets specifications, and is attached to structure wall, missing rungs, safe to use as determined by cracks, and misaligned. inspection personnel. Storm Water Easement and Maintenance Agreement Page 16 of 16