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Home My WebLink About20050511002064 WATER EASEMENT 051505Return Address: City of Auburn City Clerk 25.West Main Auburn, WA 98001 Above this line reserved for recording information. FIRE LINE EASEMENT AND MAINTENANCE AGREEMENT FAC03-0011 Reference # (if applicable): N/A 1 Grantor/Borrower: Safeway Inc. (A Delaware Corporation) Grantee/Assignee/Beneficiary: City of Auburn Q" dOCUm6t 9) WGM f%d 1* Legal Description/STR: SE '/4 25-21-04EM%d by Paeft Nwft8StTi b _ only: ft has not Assessor's Tax Parcel ID#iz152104-9096 ',,.oan,,,,.__moda"On_ : 2 . _ _ ;3 to its affect goon tithe. - - THIS EASEMENT AND AGREEMENT made and entered into this ICY day of April, 2005, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Safeway Inc. (A Delaware Corporation), hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for the Safeway Distribution Facility located at 3520 Pacific Avenue South, which include private fire hydrants; and WHEREAS, the PROPERTY OWNER will complete a private water distribution system; and WHEREAS, the PROPERTY OWNER and the CITY desire that the private water distribution system be maintained to provide adequate flow to the private fire hydrants; and WHEREAS, for maintenance of a water distribution 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 Fire Line Easement and Maintenance Agreement Page 1 of 11 WHEREAS, an easement is needed to bring in maintenance equipment; and WHEREAS, the parties are both desirous of permitting inspection of the private water 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 Fire Hydrant Operation and Maintenance 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. FAC03-0011, 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 Water 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 private water distribution system in accordance with the ordinances and all applicable codes of the CITY and the Fire Hydrant Operation and Maintenance Plan 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 water distribution system 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 private water distribution system. Should the CITY incur attorney's fees and/or costs Fire Line Easement and Maintenance Agreement Page 2 of 11 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. IN WITNESS WHEREOF the Grantor has executed these presents this Twelfth day of April, 2005. Jer me P. Harrison - Assistant Vice President Linda S. MacDonald - Assistant Secretary rA--rP - Fire Line Easement and Maintenance Agreement Page 3 of 11 ACKNOWLEDGMENT STATE OF CALIFORNIA County of Alameda ss. On April 12, 2005 before me, Dina Gutierrez, Notary Public, personally appeared Jerome P. Harrison and Linda S. MacDonald personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. ti_.. WITNESS my hand and official seal c ~ Signature -4 • A . DINA ouTIERREZ C0PAMISSION 1322120 a" N01;,.~4Y PUBLIC-CALIFORNIA I~AMEDA COUNTY r Pty C6}n 11&St091®145 So- 22, M (Seal) EXECUTED as of the date first written above. CITY OF AUBURN 65, Osbo,-Water Engineer STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Tim Osborne 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 WATER 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 ~ I t 910,5 a 'mQQe\5 1ON ~ . A~9 ~i o~V'XGTAIgy ~N? PUBOG : 2 s O~ "►►►►~....`,P. Notary Public in Residing at My appointment Fire Line Easement and Maintenance Agreement Page 4 of 11 EXHIBIT `A' Legal Description ALL THOSE PORTIONS OF THE SOUTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 89° 33' 10" WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 484.39 FEET; THENCE NORTH 00° 26' 50" EAST, 20.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89° 33' 10" WEST, 1488.04 FEET; THENCE NORTH O1 ° 12' 19" EAST, 1299.17 FEET; THENCE NORTH 89° 22' 50"' WEST, 638.13 FEET; THENCE NORTH O1° 10' 46" EAST, 735.47 FEET; THENCE SOUTH 87° 40' 57" EAST, 482.49 FEET; THENCE NORTH 88° 48' 30" EAST, 175.07 FEET; THENCE SOUTH O1 ° 09' 16" EAST, 175.10 FEET; THENCE NORTH 88° 50' 44" EAST, 502.22 FEET; THENCE NORTH O1 ° 09' 16" WEST 1327.45 FEET; THENCE NORTH 58° 49' 13" EAST, 453.08 FEET TO THE BEGINNING OF A 603.11 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 59° 56'.03", AN ARC DISTANCE OF 630.88 FEET; THENCE NORTH 01 ° 06' 42" WEST, 92.34 FEET; THENCE SOUTH 89° 12' 14" EAST, 57.79 FEET; THENCE SOUTH 11 ° 17' 51" EAST, 741.68 FEET TO THE WEST MARGIN OF "C" STREET SOUTHWEST; THENCE SOUTH O1° 10' 16" EAST, ALONG SAID MARGIN 3260.26 FEET; THENCE SOUTH 40° 42' 59" WEST, 52.40 FEET; THENCE SOUTH 89° 33' 10" EAST, 35.00 FEET; THENCE SOUTH 01 ° 10' 16" EAST, 25.00 FEET TO THE POINT OF BEGINNING. Fire Line Easement and Maintenance Agreement Page 5 of 11 EXHIBIT `B' Site Sketch T, 1 N 1 J3~~~~,N SCALE t r i j =1 300 0 150..: JOO 600 . ( FEET) F INCH 300 FT + Z - ~E, II I l ,NOTE: _ . _ MAINTAIN SITE SECURITY AND r iF4 ACCESS THROUGHOUT ALL L. ! REFRIGERATED I PHASES OF `CONSTRUCTION, (L WAREHOUSE ff I COORDINA TEy WING AND ~ LOCA!7014~ OF 1. + WITH SAF£WAY NC. SSROUTES I il- W ~I ~r:~i~liL'ili!iL:i:i~f;J4~:!!it!.Ill~li~~l~'~• _ ~ m a . M1 TR wraE ENTER.=1: 4 I I F' SHOP F II Ei I I -GROCERY WAREHOUSE II ~ 1 I I i I -J L II II Fire Line Easement and Maintenance Agreement Page 6 of I I EXHIBIT S VI FIRE HYDRANT OPERATION AND MAINTENANCE PLAN SYSTEM DESCRIPTION Safeway Inc. is responsible for the operation and performance of the water system on the Safeway Distribution Center, Auburn, Washington property. Safeway Inc. will be responsible for delegating specific tasks to its employees. Safeway Inc. is responsible for ensuring that the employees are meeting all daily, monthly, and yearly operation and maintenance requirements of the water system. Water system includes domestic potable water from a 6" service from the City water main in 'C' Street SE to serve the refrigerated and general warehouses and a 3" service from the City water main in Pacific Avenue to serve the Administration, Truck Shop and Recycle Buildings. Fire Service system includes a 6" services from the City water main in C Street and an additional 12" service from the City water main in Pacific Avenue. This fire service is connected to a 350,000 gallon reservoir with appropriate fire pumps. The buildings are surrounded by a looped 12" fire water main, which provides fire sprinkler service for the buildings. There are 35 fire hydrants within easy access to the Fire Department. FIRE HYDRANT INSPECTION The Safeway private fire hydrants are to be inspected once a year in the spring or fall. The fire hydrant inspections are to follow the current American Water Works Association (AWWA) M17 Manual. Installation, Field Testing, & Maintenance of Fire Hydrants. For the most part the yearly inspection should include the following: o Make sure the hydrant, including all valves and nozzles, is accessible with no obstructions. o Check with a listening device for main valve leaks. o Use a chalked cord or plumb bob to check for water standing in the barrel. o Loosen the cap and open the hydrant a few turns to allow air to vent, and then tighten the cap and open the hydrant fully. All caps must be tight at this point. Fire Line Easement and Maintenance Agreement Page Tof 11 f o Make sure the hydrant is turned on fully and check for any leaks around the operating stem, nozzles, any seals or packing, and at the flanges. Replace the 0-rings if necessary. o Partially close the hydrant until the drains open and flush the drains for a few seconds under pressure. o Exercise the foot valve and leave it open. Adjust valve box to grade if needed. o If during the inspection you discover a hydrant that is not working or has major problems, tag it, notify the fire department immediately, and make preparations to fix the problem. RECORD KEEPING A good O & M program is only as good as the records that are kept. Each hydrant shall have a record of its inspection and maintenance started and continued until the private system is vacated. Records at a minimum is to include the following: o FIRE HYDRANT MASTER RECORD form below shall be started and kept up to date on each hydrant. o HYDRANT MAINTENANCE REPORT form below shall be utilized each time a hydrant is physically inspected as required above or maintenance has occurred. TESTING OF PRIVATE BACKFLOW ASSEMBLIES Safeway shall ensure that approved backflow assemblies are tested using procedures acceptable to the City of Auburn, such as those specified in the most recently published edition of the USC Manual. When circumstances, such as, but not limited to, configuration or location of the assembly, preclude the use of the USC test procedures, Safeway may allow; on a case-by-case basis, the use of alternate (non-USC) test procedures acceptable to the City of Auburn. Safeway shall ensure that results of backflow assembly inspections and tests are documented and reported in a manner acceptable to the City or US Environmental Protection Agency Ground Water & Drinking Water Cross-Connection Control Manual Appendix I Backfoow Prevention Device Test and Maintenance Report. Fire Line Easement and Maintenance Agreement Page 8 of 11 FIRE HYDRANT MASTER RECORD Manufacturer Date Hydrant No. Type MVO Inlet Bury Hose Outlet - Nozzle Size Thread Type Pumper Outlet-Nozzle Size Thread Type Installed by Date W/O No. Cost Operating Nut Turns to Open Location Line Static Pressure Date I Inspected I Tested I Repaired I Painted I Opened By I Cost I Remarks Fire Line Easement and Maintenance Agreement Page 9 of 11 HYDRANT MAINTENANCE REPORT Water Utility Location Hydrant No. Caps Missing Replaced Greased Paint OK Repainted Open Nut OK Greased Replaced Nozzles OK Lubricated Replaced Valve & Seat OK Replaced Packing OK Tightened Replaced Drain Valve OK Corrected Flushed Pressure Static Branch Valve Condition Minutes Nozzle Open_ Residential Flow gpm Any Other Defects Inspected Defects Corrected By By Fire Line Easement and Maintenance Agreement Page 10 of 11 T6st and Mainte ance report. 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