HomeMy WebLinkAbout20050511002064 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
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Assessor's Tax Parcel ID#iz152104-9096 ',,.oan,,,,.__moda"On_
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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
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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
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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
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'mQQe\5 1ON
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o~V'XGTAIgy ~N?
PUBOG : 2 s
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"►►►►~....`,P.
Notary Public in
Residing at
My appointment
Fire Line Easement and Maintenance Agreement
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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.
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EXHIBIT `B'
Site Sketch
T,
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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
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ENTER.=1:
4 I I F' SHOP
F
II Ei I
I -GROCERY
WAREHOUSE
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II II
Fire Line Easement and Maintenance Agreement
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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
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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
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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
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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
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File: #928A
REF. H:Development\Forms\Legal Documents\2005 (Rev. 11/04)
Fire Line Easement and Maintenance Agreement
Page 11 of 11