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Home My WebLink About20020729002143 STORM EASEMENT 072902~I Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PACIFIC 0020 7g0~ Pace eel of 03aepS " 43 07/29/002 15 KING COUNTY, iJgz Above this line reserved for recording information. STORM WATER'EASEMENT AND MAINTENANCE AGREEMENT 1-UU18 & GRA01-UU1 Reference # (if applicable): N/A (unless previous recording r" k c.. cam. Grantor/Borrower: 1) Automotive Express Grantee/Assignee/13eneficiary: City of Auburn Legal Description!STR: NW '/4, Sec 31-T21N R5E Assessor's Tax Parcel ID#: 936000-0199 Additional on page: 2) Additional on page: Additional on page: S iql FILED BY PNWT 1 (.40 3~9 2- I Z- 'C \ THIS EASEMENT AND AGREEMENT made and entered into this v%2 day of 20dL by and between the City of Auburn, a municipal corporation of Ch, g aunty, Washington, hereinafter referred to as "CITY" and Automotive Express, located at 5148 Auburn Way North, hereinafter referred to as "PROPERTY OWNER.". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 5148 Auburn Way N., 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 Said document(s) wom record by Pacific *w Northwest accommodation only. It has noTitle as t been W,'wT fined as to proper ex Storm Water Easement and Maintenance Agreement Q all= upon titl8, Page I of 14 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(s). GRAO1-0017 and SEPO1-0018, which Record a., 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. ' v 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 Stormwater 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 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. Storm Water Easement and Maintenance Agreement Page 2 of 14 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 DIRECTOR OF PUBLIC WO S Owner Date Owner Date V%4 C7:o C cam- ` cv x-. ca • c=. ZY - c-v , i Storm Water Easement and Maintenance Agreement Page 3 of 11 STATE OF WASHINGTON) )ss. County of King ) Qkv.. CJ 0 ;=Yl C:V. rr~ cx C14 a. ,axs CNI I certify that I know or have satisfactory evidence that L) 4 j y r- 4 . L, 1,50 . is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ?kxz , 4 n of W6tJ A+. IoMO~ ~ J9 c ~_e,~ 4u+0M0+1jF- ExpceS,s , a corporation, to be the free and voluntary act of such party for the us ild purposes mentioned in this instrument. Dated //w ~QP•\SS~oArc •~.'No'l ~,~0 N0TAP,j, 9m': f'UBoo OFW4S\AN = - Notary Public -in and for th State o ashington residing at y"QD vn'1-~t My appointment expires- r /I9 Al STATE OF WASHINGTON) )ss. County of King ) r~Ft1 L_ PA4 ' ~M 1-A~S10AILNotary Public in an for the State of Washington PUBUG residing at ~t~~`••'•.~1.Zg Oar My appointment expires 141A!~ lag I certify that I know or have satisfactory evidence that /~lg j~#' 6x t 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 DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary act o suc party for the uses and purposes mentioned in this instrument. Dated 114 CP/bd File: 2.1, 4.1 REF. SEPO1-0018 (STM WAT EASE & MAINT AG RMNT)\E02 -814 and GRA01-0017 (S TM WAT EASE & MAINT AG RMNT)\E02 -814 Storm Water Easement and Maintenance Agreement Page 4 of 1+ EXHIBIT `A' LEGAL DESCRIPTION THAT PORTION OF TRACT 31 OF WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 13 OF PLATS AT PAGE(S) 17, IN KING COUNTY, WASHINGTON LYING NORTHEASTERLY OF STATE ROAD NO. 5; EXCEPT THE NORTH 20 FEET THEREOF CONVEYED TO CITY OF AUBURN BY DEED RECORDED UNDER RECORDING NO. 8309190648 Con. J- t'"J -TX C`J L"+ O Q C"\1 Storm Water Easement and Maintenance Agreement Page 5 of 14 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN for Automotive Express 5148 Auburn Way North Auburn, WA SEPA # SEP 01-0018 GRA # GRA 01-0017 Parcel # 936000-0199 Introduction : The following is a stoem water pollution prevention plan for Automotive Express. The project is located on the north east corner of Auburn Way North and S. 277te Street in Auburn Washington. t~? The site area is 0.77 acres and currently developed as an existing used car dealership. The site is currently located within the 100 year flood plain (elevation '45) and contains an existing 2 story building, c., landscaping, asphalt and gravel parking. The site has been previously a permitted under GRA 0021-99 to do some minor filling of the site while providing an equal "flood compensation area" on the site. However, the c~ southern portion of the site was completely filled with class `A' structural fill and graveled by the owner to create a large parking / r display area for the sale of used cars within the 100 year flood plain. This unauthorized fill was seen or brought to the attention of the City ` of Auburn's public works department. After many correspondences and c meetings with the City of Auburn, it was determined the unauthorized fill has to be removed from the site and cannot be done without a new/revised grading plan and a complete SEPA application. This report is being prepared concurrently with SEPA and the Site/Grading plan. The new Site/Grading plan is proposing to remove all of the unauthorized fill, and add 3,421 SF of additional asphalt pavement to the north side of the building. In addition to the removal of the fill we will over excavate the 'area by 307 cubic yards for flood plain compensation for additional filling of the north side of the building. I have met and discussed with Tim Carlaw the requirements for adding the additional square footage of impervious area to the site. He determined that he wants us to provide equivalent storage volume equal to the increased storm water volume for the developed 100-year storm and add two catch basin inserts for water quality. This volume has been calculated and is satisfied with the proposed addition of 80 feet of 24" PVC pipe. The water is collected in an Stormwater Management catch basin insert prior to detention for water quality. 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. Storm Water Easement and Maintenance Agreement Page 6of14' 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 1-425-649-7000. The catch basins, detention pipes, 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 (Tanks/vaults) No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins (Department of Ecology Storm Water Manual, August 2001). * Stormwater Management catch Basin Insert with Cartridge * Attached Information Treatment BMPIS Two on-site Stormwater Management catch basin insert with cartridge have been installed to treat runoff for conventional pollutants. The catch basin inserts with cartridges were designed to treat 64% of the 2-year storm event (water quality storm) for water quality treatment. In addition, the added detention pipe volume was sized to convey runoff for the additional volume created from the existing to the developed 100 year event / storm volume. 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 ccr responsibility are to be reported to the City Utilities Sections. c+ Persons of Responsibility: Wayne Wilson c~ Automotive Express _Xl' 5148 Auburn Way North cv Auburn, WA 98002 L_._ Ph # (253) 852-4706 0 c^"S- (Changes to ownership shall be reported to the City of Auburn's Utilities ,C= Section.) ,t= cw References: January, 1998 (revised), King County, Washington, Surface Water Design Manual. August, 2001, Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology. Storm Water Easement and Maintenance Agreement Page 7 of 14 Inspection / Maintenance Instructions: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The stormfilter cartridges must be replaced once a year (min.) or as needed. The owner shall keep a record of inspection and maintenance for a period of 5 years and will provide a copy of the records and maintenance checklist for the City Inspector to review. 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 detention tank and the Catch basin inserts must be properly maintained per the attached information. Ac~j c::- Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. r cTa cv r a Storm Water Easement and Maintenance Agreement Page 8 of 14 INSPECTION/MAINTENANCE:CHECKLIST STRUCTURE IN$EEGTIC7NI DATE:OF . NCaIC~ hCN , Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Detention Tank Results Maintenance Done Inspection CB Inserts Results Maintenance Done Flow Control Inspection Structures Results c.r Maintenance Done ca rv. c~ ,C= .cv Storm Water Easement and Maintenance Agreement Page 9 of 14 Brief Description of Maintenance Procedures Stormwater Management Inc. can provide maintenance services completely, or in part. Available services include tracking of installed systems, advising the system owner of maintenance needs and notifying the regulatory agency once the system has been maintained and inspected. Maintenance is usually performed late in the dry season to rejuvenate the filter media prior to the upcoming rainy season (annual maintenance). Maintenance may also be'. required in the event of a chemical spill or if an excessive solid loading occurs due to erosion or extreme storms. Appendix A provides the full StormFilter Operation and Maintenance manual. The following highlights minor and major maintenance recommendations and provides insight for determining maintenance frequency. STORM FILTER MAINTENANCE - MINOR 1) Inspect the system for structural integrity (internal and external components) 2) Remove collected debris"from filter unit if obstructions to filtration may occur 3) Record to condition of the unit to determine if major maintenance is needed (See cca Determining When StormFilter Major Maintenance is Needed, below.) QN& STORMFILTER MAINTENANCE - MAJOR (BRIEF OUTLINE) o . 1 StormFilter maintenance is typically performed using a single cartridge pick (4" QN. Schedule 80 PVC threaded end cap, SMI provided) and a crane to remove the cartridges. The crane is not necessary for cartridges that are removed via Vactor a: truck within the vault, however, an increase for liquid waste disposal will be incurred. C=t 2) After cartridge removal, accumulated sediments can be removed with a Vactor truck or a square nose shovel and a large container 3) Once accumulated sediments are removed, the vault is inspected for structural conditions and recharged cartridges are then inserted. 4) Collected sediment and spent media are disposed of off site (typically.a landfill or wastewater treatment facility). SEE Operations and Maintenance Guidelines - StormFilter [Appendix A] DETERMINING WHEN STORMFILTER MAJOR MAINTENANCE IS NEEDED 1) Sediment accumulation on top of cartridge is an indication that the influent water is not passing through the cartridges at the design rate (i.e. suspended sediment has time to settle out rather than being filtered). 2) Scum line in relation to height on vault wall. If the scum line is at or below the overflow elevation, which is at the invert of the downstream flow spreader, then the system has not been loaded to the point where overflow has occurred. Storm Water Easement and Maintenance Agreement Page 10 of 14 3) Accumulated sediment on floor of 114" usually indicates full maintenance is not required. Sediment accumulations of or greater typically warrants full maintenance. 4) If the cartridges are in standing water, this is direct evidence that the cartridges are completely plugged. However, the inspector needs.to insure that the cartridges are not submerged due to backwater conditions caused by high ground water, plugged pipes or high hydraulic grade lines. Completely plugged cartridges also can be associated with heavy O&G loading from animal and- vegetable.fats or petroleum hydrocarbons: If this is the case-source control measures are warranted: 5) Media'appearance - Perlite media is extremely white when put in placer When this media becomes darkened to the point of almost being black, maintenance is needed. CSF Leaf media will become impacted with sediment such that no interstitial spaces are between the granulated media. 6) A history of the facility is kept in maintenance files. This history allows' for an understanding of maintenance requirements over time. 0 c;v O Storm Water Easement and Maintenance Agreement Page 11 of 1.4 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, exceedence of 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. e~s> C-3 G C": CL Q' N Q No. 3 - Closed Detention Systems (TanksNaults) ?Maintenance` ' T:H - qr. Defeetxt i T = :k ` [Y Gondldons When Malnten nee s.Neededa t M• a~+.. Re's'ultsExpected,IrVheniMafnteriaricels Xt"iL dat t W h ~ !t ;?Components : , , fy ' _ W . . ' Perfonned o x..< . t_ , fi r i<~ w Storage Area Plugged Air Vents One-half of the cross section of a vent is Vents open and functioning. blocked at any point or the vent is damaged. Debris and Sediment Accumulated sediment depth exceeds 10% All sediment and debris removed from of the diameter of the storage area for 1/2 storage area. length of storage vault or any point depth 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 sections are Tank/Pipe Section be transported into facility. sealed. (Will require engineering analysis to determine structural stability). Tank Pipe Bent Out of Any part of tank/pipe is bent out of shape Tank/pipe repaired or replaced to design. Shape more than 10% of its design shape. (Review required by engineer to determine structural stability). Vault Structure Includes Cracks wider than 1/2-inch and any Vault replaced or repaired to design Cracks in Wall, Bottom, evidence of soil particles entering the specifications and is structurally sound. Damage to Frame structure through the cracks, or and/or Top Slab maintenance/inspection personnel determines that the vault is not structurally sound. Cracks wider than 1/2-inch at the joint of any No cracks more than 1/4-inch wide at the inlet/outlet pipe or any evidence of soil joint of the inlet/oudet pipe. particles entering the vault through the walls. Manhole Cover Not in Place Cover is missing or only partially in place. Manhole is closed. Any open manhole requires maintenance. Locking Mechanism Not Mechanism cannot be opened by one Mechanism opens with proper tools. Working maintenance person 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 removed and reinstalled by Remove after applying normal lifting pressure. Intent one maintenance person. is to keep cover from sealing off access to maintenance. Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, Ladder meets design standards. Allows misalignment, not securely attached to maintenance person safe access. structure wall, rust, or cracks. Catch Basins See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5). (No. 5) Storm Water Easement and Maintenance Agreement Page 12 of 14 No. 4 - Control Structure/Flow Restrictor CIA' CM Ca 0114 c~"r o. e*a r p O r;V Maintenance' Defect Condition WheniMaintenance is Needed 'Results Expected When Malntenance{ k Component F~' s y 'IS.Pe rfo 6d rm , F t t General Trash and Debris Material exceeds 25% of sump depth or 1 Control structure orifice is not blocked. (Includes Sediment) foot below orifice plate. All trash and debris removed. Structural Damage Structure is not securely attached to Structure securely attached to wall and manhole wall. outlet pipe. Structure is not in upright position (allow up Structure in correct position. to 10% from plumb). Connections to outlet pipe are not watertight Connections to outlet pipe are water tight; and show signs of rust. structure repaired or replaced and works as designed. Any holes-other than designed holes-in the Structure has no holes other than structure. 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 down easily and is maintenance person. watertight. Chain/rod leading to gate is missing or Chain is in place and works as designed. damaged. 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 to Plate is in place and works as designed. missing, out of place, or bent orifice plate. Obstructions Any trash, debris, sediment, or vegetation Plate is free of all obstructions and works blocking the plate. as designed. Overflow Pipe Obstructions Any trash or debris blocking (or having the Pipe is free of all obstructions and works potential of blocking) the overflow pipe. as designed. Manhole See "Closed Detention See "Closed Detention Systems" (No. 3). See `Closed Detention Systems" (No. 3). Systems" (No. 3). Catch Basin See "Catch Basins" See "Catch Basins" (No. 5). See `Catch Basins" (No. 5). (No. 5). No. 5 - Catch Basins Maintenance; Defect Conditions When fNarntenance'is Needed Results ExpectedfWtientMamtenances Component a~ r ritw ro ~ .~R{, }~3f • ,performedq 4 w ~ ~ ~ ' . .c ' ' ! .`.1 .1 :1~~, ~ p x' r.....~. Y~I:.' ~~':9Y.. 4i_. 4:Y.SN.T.eC.~, i`AGi t[. ~ :D..: : General Trash & Debris Trash or debris which is located immediately No Trash or debris located immediately in in front of the catch basin opening or is front of catch basin or on grate opening. blocking insetting capacity of the basin by more than 10%. Trash or debris (in the basin) that exceeds No trash or debris in the catch basin. 60 percent of the sump depth as measured from 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 of trash or blocking more than 113 of its height. debris. Dead animals or vegetation that could No dead animals or vegetation present generate odors that could cause complaints within the catch basin. or dangerous gases (e.g., methane). Storm Water Easement and Maintenance Agreement Page 13 of 14 . . . . . , cra ccv. C7 car Q. No. 5 - Catch Basins . -.S*.S *'w Malntenancey k y r Defect ,.a. Try-g - ts+c-`°G Condrtrons, hen Maintenance iskNeeded xp.r °Flr•~.r r. Results Eected When MalntenanceZisti Component p rxi; ormed General Sediment Sediment (in the basin) that-exceeds 60 No sediment in the catch basin percent of the sump depth as measured from 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 Damage to Top slab has holes larger than 2 square Top slab is free of holes and cracks. Frame and/or Top Slab inches or cracks wider than 1/4 inch (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 the riser rings or separation of more than 3/4 inch of the top slab and firmly attached. frame from the top slab. Frame not securely attached Fractures or Cracks in Maintenance person judges that structure is Basin replaced or repaired to design Basin Walls/ Bottom unsound. standards. Grout fillet has separated or cracked wider Pipe is regrouted and secure at basin than 1/2 inch and longer than 1 foot at the wall. Joint of any inleUoutlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or repaired to design Misalignment function, or design problem. standards. Vegetation Vegetation growing across and blocking No vegetation blocking opening to basin. more than 10% of the basin opening. Vegetation growing in inlet/outlet pipe joints No vegetation or root growth present. that is more than six inches tall and less than six inches apart. Contamination and See "Detention Ponds" (No: 1). No pollution present. Pollution Catch Basin Cover Not in Place Cover is missing or only partially in place. Catch basin cover is closed Cover Any open catch basin requires maintenance. Locking Mechanism Not Mechanism cannot be opened by one Mechanism opens with proper tools. Working maintenance person with proper tools. Bolts into frame have less than 1/2 inch of thread. Cover Difficult to One maintenance person cannot remove lid Cover can be removed by one Remove after applying normal lifting pressure. maintenance person. (Intent is keep cover from sealing off access to maintenance.) Ladder Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, not Ladder meets design standards and securely attached to basin wall, allows maintenance person safe access. misalignment, rust, cracks, or sharp edges. Metal Grates Grate opening Unsafe Grate with opening wider than 7/8 inch. Grate opening meets design standards. (If Applicable) Trash and Debris Trash and debris that is blocking more than Grate free of trash and debris. 20% of grate surface inletting capacity. Damaged or Missing. Grate missing or broken member(s) of the Grate is in place and meets design grate. standards. CP/bd File: 2.1, 4.1 REF. SEP01-0018 (STM WAT EASE & MAINT AGRMNT)\E02-814 and GRA01-0017 (STM WAT EASE & MAINT AGRMNT)\E02-814 Storm Water Easement and Maintenance Agreement Page 14 of 14