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Home My WebLink About20060330002425 STORM EASEMENT 033006I • Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PACIFIC NW TIT AG PAGE001 OF 015 03/30/2006 15:38 KING COUNTY, WA 5 002425 46.00 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT N - ws-s 1 -YX- GRA05-0025 l5 Reference N (if applicable): N/A Grantor/Borrower: Les Schwab Tire Centers of Washington, Inc. Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NW % 19-T21N-R5E-WM Assessor's Tax Parcel ID#: 746890-0150-09 THIS EASEMENT AND AGREEMENT made and entered into this day of F~baN ,.e- , 2006, by and between the City of Auburn, a municipal corporation of King County, ashington, hereinafter referred to as "CITY" and Les Schwab Tire Centers of Washington, Inc. hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Les Schwab Parking Lot Addition located at 902 "E" Street SE, which create impervious surface; and WHEREAS, the PROPERTY OWNER will complete a storm system; and WHEREAS, the PROPERTY OWNER and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system it is necessary to have appropriate right- of-way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors and assigns of both parties as to the existence of this easement and agreement; and WHEREAS, an easement is needed to bring in maintenance equipment; and Said document(s) wear flied for Storm Water Easement and Maintenance Agreement aoeommodation only. It has rot been Page l of 15 examined as to proper &wm*n Sr as to its affect upon title. 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. GRA05-0025, 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 15-:, ; 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. IVI- yn2~~ & Owner ate Owner OREGON STATE OF V~M]04TON) CROOK )ss COUNTY OF &M ) Date I certify that I know or have satisfactory evidence that Richard B. Borgman and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the and of es Schwab Tire Centers of*a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated February 6, 2006 OFFICIAL SEAL BONNIE M. McCOY NOTARY PUBLIGOREGON t;OMMISSION NO. 368521 MY COMMISSION EXPIRES JULY 10, 2007 CITY OF AUBURN *Washington, Inc. L Notary Public in and for the State of HXWH Residingat Prineville Oregon My appointment expires 7/10/2007 Storm Water Easement and Maintenance Agreement Page 3 of 15 Tim 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 0//0 /0(., ADQ, "o I#~ \40aIrc, QQ`••'S~orii E ~F~ y, ':F Z t :o~~pTAgy9R`N 4A cl~~ s " Notary Public in and for the Stat of ashi on PUB1-\~''. ~o Residing at co wr 11 19, rj My appointment expires / < /l q 6 BKT/tlb File: 1065 REF. H:DevelopmentTormsTegal Documents\2006 (Rev. 11/04) Storm Water Easement and Maintenance Agreement Page 4 of 15 EXHIBIT "A" Legal Description: TRACT 1 (SITE PARCEL): LOT 1 IN BLOCK 3 OF RYAN ADDITION TO AUBURN, ACCORDING TO PLAT RECORDED JUNE 3, 1953, IN VOLUME 51 OF PLATS AT PAGE(S) 36, IN KING COUNTY, WASHINGTON: EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 6218559. (DESCRIPTION FROM FIRST AMERICAN TITLE INSURANCE COMPANY FILE NO. NCS-91853-WAI, COMMITMENT DATE: MAY 11, 2004,) Storm Water Easement and Maintenance Agreement Page 5 of 15 EXHIBIT "B" STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for LES SCHWAB PARKING LOT ADDITION Permit # GRA05-0025 Site Address: 902 "E" Street S.E. The project is located in NW Qtr SEC 19 - TWN21 N - R 5E, W.M., 902 "E" Street S.E. and Auburn Way South. The tax parcel number is 746890-0150-09. 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 Les Schwab Parking Lot Addition located at 902 "E" Street S.E. The site has an area of approximately 0.18 acres and is currently developed as a parking lot addition for the adjacent Les Schwab Tire Store at 903 Auburn Way South. 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 and pavement areas in a series of catch basins. This water will be conveyed by storm drainage pipe to a storm water Manhole (Stormceptor 4501) which provides water quality treatment of the runoff, and then releases the runoff to an underground detention pipe system, located under the paved parking area. Here the storm water will be released into an eight-inch diameter pipe that runs to the northwest connecting to the City's existing catch basin in the south curb line of Auburn Way South. This catch basin flows directly into the public storm system located in Auburn Way South. Plan Goal: Storm Water Easement and Maintenance Agreement Page 6 of 15 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, Stormceptor manhole, underground detention pipe, 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 (from the Department of Ecology Storm Water Manual, August 2001) No. 3 - Closed Detention Systems (Pipes) No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins No. 19 - Stormceptor 4501 Water Quality Device Treatment BMP'S: A Stormceptor 4501 Water Quality Device has been installed to treat runoff for conventional pollutants. The Stormceptor 4501 was designed to treat 64% of the 2-year storm event (water quality storm) for water quality treatment. In addition, the detention pipe 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 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 of Auburn Storm Drainage Utility section. Inspection/Maintenance: Storm Water Easement and Maintenance Agreement Page 7 of 15 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 Stomceptor 4501 Water Quality Device 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: Les Schwab Tire Centers of Washington, Inc. P.O. Box 667 Prineville, OR 97754 Ph: 541-447-4136 Design Engineer: Warner Engineering 2709 Jahn Ave NW, Ste H-5 Gig Harbor, WA 98335 Ph: 253-858-8577 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. INSPECTION / MAINTENANCE CHECKLIST Storm Water Easement and Maintenance Agreement Page 8 of 15 STRUCTURE DATE'~O'F INSPECTIONNAINTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Detention Pipe Inspection Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Stormceptor 450i Inspection Results Maintenance i Done Maintenance Standards for Drainage Facilities: Storm Water Easement and Maintenance Agreement Page 9 of 15 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. No. 3 - Closed Detention Systems (Pipes) Maintenance 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. replaced to design. (Review 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. Storm Water Easement and Maintenance Agreement Page 10 of 15 No. 3- Closed Detention Systems (Pipes) Maintenance Defect Conditions When Maintenance is Needed Results Expected Component When Maintenance is Performed Manhole Cover Not in Place Cover is missing or only partially in place. Manhole is closed. Any open manhole requires maintenance. Locking Mechanism One maintenance person with proper tools Mechanism opens Not Working cannot open mechanism. Bolts into frame with proper tools. 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). 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 the Structure has no structure. holes other than designed holes. Storm Water Easement and Maintenance Agreement Page I I of 15 No. 4 - Control Structure/Flow Restrictor Maintenance Defect Condition When Maintenance is Needed Results Expected Component When Maintenance Is Performed Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. One maintenance person cannot move up Gate moves up and and down gate. 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 15 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 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 112 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. 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 13 of 15 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 1/2 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. Storm Water Easement and Maintenance Agreement Page 14 of 15 No. 19 - Stormeeptor 4501 Maintenance Frequency: Maintenance is required annually or when the sediment volume in the unit reaches 15% of the total storage. The manufacturer recommends maintenance be performed once the sediment depth exceeds 8 inches. In the event of any hazardous material spill, maintenance is to be performed immediately, and should be performed by a licensed liquid waste hauler. Notification of the appropriate regulatory agencies should be made as required. Maintenance Procedure: Oil is removed through the 6" inspection/cleanout pipe and sediment is removed through the 24" diameter outlet riser. Alternatively, oil could be removed from the 24" opening if water is removed from the treatment chamber, lowering the oil level below the drop pipes. No entry into the unit is required for routine maintenance of the Inlet Stormceptor. Typically, maintenance is performed by the Vacuum Service Industry, a well established sector of the service industry that cleans underground tanks, sewers, and catch basins. Local guidelines should be consulted prior to disposal of the material from a Stormceptor. Petroleum waste products collected in Stormceptor (oil/chemical/fuel spills) should be removed by a licensed waste management company. Storm Water Easement and Maintenance Agreement Page 15 of 15