HomeMy WebLinkAbout20060330002425 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