HomeMy WebLinkAbout20091118001269 STORM WATER AND MAINTENANCE AGREEMENT 091508Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recordine information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC06-0008 \'t,',.- 461
Reference # (if applicable):
Grantor/Borrower: Auburn S/C Properties LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NE'/, Sl-T21N-R4E nw
Assessor's Tax Parcel ID#: 158060-0240 ~ °t` /
THIS EASEMENT AND AGREEMENT made and entered into this day of
2008, by and between the City of Auburn, a municipal corporation of King
County, Washington, hereinafter referred to as "CITY" and Auburn S/C Properties, LLC
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities for Chadek Building located at 3416 B ST NW, 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
Storm Water Easement and Maintenance Agreement
Page 1 of 19
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 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" & "B" 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. FAC06-0008, 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" & "B" 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.
Storm Water Easement and Maintenance Agreement
Page 2 of 19
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 "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 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
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.
Storm Water Easement and Maintenance Agreement
Page 3 of 19
EXECUTED as of the date first written above.
9/5w
Aut orized Si ature Date
Authorized Signature Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
~r
I certify that I know or have satisfactory evidence that \ //yI C0/,/^0 is the
person who appeared before me, and said person acknowled that he/sh signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
ackpI~o~yledged it ahe /I7An a P/- of Pt I /7V at-n---45-14 , a limited liability company, to be
the free and voluntary act ofAuch party for the uses and purposes mentioned in this instrument
Dated P ,V j, /0
A,
NOT.
rn " 6 M . CO)
y OZA y
kic
.,l0
r
K'ASHIN~,~ dlll
Notary Public ' pd for the Sate of Washington
Residing at ~7
My appointment expires r 2 O
Storm Water Easement and Maintenance Agreement
Page 4 of 19
CITY OF AUBURN
Ti arlaw, Storm Drainage Engin er 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 91).~ / C),y
\~ss~ss~~tttlli ~'2~Li
gAZ)ltb
tB 4 C-
gu Notary Publican and for the State 9Washi gton
lJ
Residing at man e e ~r Y t
I
Ns' Az = My appointment expires r t t l
//,,top wASN;~
1111%%%\
KT/tlb
File: # 992A
Ref: H:ADevelopmentTrojectsAChadek Building\ Legal Documents\2008
Storm Water Easement and Maintenance Agreement
Page 5 of 19
EXHIBIT "A"
LOT I OF CITY OF AUBURN SP 15-80 AS RECORDED UNDER KING COUNTY
AUDITOR'S FILE NO. t98011120474
Storm Water Easement and Maintenance Agreement
Page 6 of 19
EXHIBIT "B"
Storm Water Easement and Maintenance Agreement
Page 7 of 19
EXHIBIT "C"
STORMWATER POLLUTION PREVENTION PLAN
For
THE CHADEK BUILDING
SEPA#
04-0013
GRA#
04-0007
FAC#
06-0008
Site Address: 3416 B STREET NW, AUBURN, WA
The project is located in NE 1/4, Section 01, Township 21 North, Range 4 East,
W.M. at 3416 B Street NW. The Tax Parcel # 158060-0240
Introduction:
This stormwater pollution prevention plan has been prepared to address the City
of Auburn's site development and storm drainage requirements for the proposed
Chadek Building project located at 3416 B Street NW. The site has an area of
approximately 4.085 acres. The proposed project will construct a 52,640 sf
commercial building with associated paved parking, utilities and landscaping on
the South portion of the property. The North 98 or feet of the site will be
enhanced / remain as wetlands per plans by J.S. Jones & Associates. The
existing site is vacant and has no storm drainage system other than (2) pipes
under B Street NW that cross connect the site to the drainage ditch on the West
side of the road. Existing utilities are located on or near the site and do not
require any major extensions and only minor work in the R.O.W. Site access will
be from B Street NW.
A detention pond is proposed to provide storm water detention for the paved
areas and landscaping South of the building, and a Model AS-3 Aqua-Swirl
Concentrator to provide water quality control for this storm runoff. The building
roof runoff will drain to the wetland area to maintain the existing hydrology.
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 South of the building in a series
of catch basins.
Storm Water Easement and Maintenance Agreement
Page 8 of 19
This water will be conveyed by storm drainage pipe to the storm water detention
pond located in the SW corner of the site, and then to the Aqua-Swirl. The water
will then be released through the existing 18" pipe under B Street NW and flow
North in the ditch. Should overflow occur the water would flow over the public
sidewalk and enter the existing storm drainage system in B Street NW. The
runoff from the building roof will be "clean" and will discharge directly into the
wetland to maintain existing hydrology.
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.
Prevention BMP'S
The catch basins shall have stenciled on them "DUMP NO WASTE - DRAINS
TO GROUND". 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, detention pond, control
structure, and Aqua-Swirl 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. 1 - Detention Pond
No. 4 - Control Structure/Flow Restrictor
No. 5 - Catch Basins
Aqua-Swirl System Document (attached)
(Department of Ecology Storm Water Manual, August 2001).
Storm Water Easement and Maintenance Agreement
Page 9 of 19
Treatment BMP'S
An Aqua-Swirl AS-3 has been installed to treat runoff for conventional pollutants.
The Aqua-Swirl was designed to treat 1.8cfs. In actuality the Aqua-Swirl will treat
100% of the 100 year storm peak flow of 0.86cfs and provide over 80%TSS
removal. In addition, the detention pond has been 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 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 responsibility are to be
reported to the City Utilities Sections.
Storm Water Easement and Maintenance Agreement
Page 10 of 19
Inspection / Maintenance:
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 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 stormwater detention pond,
catch basins, pipes and Aqua-Swirl 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:
Auburn S/C Properties, LLC
c/o Mr. Willian J. Chadek
Bellevue Gateway 1
11400 SE 8th Street, Suite 235
Bellevue, WA 98004
Phone: (425) 453-5354
Design Engineer:
Poe Engineering, Inc.
1314 - 8th Street NE, Suite 201
Auburn, WA 98002
Phone: (253) 833-4052
Plan and / or Information Updates:
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 responsibility are to be
reported to the City Utilities Sections.
(Changes to ownership shall be reported to the City of Auburn's Utilities Section.
Storm Water Easement and Maintenance Agreement
Page I I of 19
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
5r
u``,
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Aqua-Swirl
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
Detention Pond
Inspection
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 12 of 19
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,
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.1 - Detention Ponds
Maintenance
Defect
Conditions When Maintenance Is
Results Expected When
Component
Needed
Maintenance Is Performed
General
Trash & Debris
Any trash and debris which exceed 5
Trash and debris cleared from site.
cubic feet per 1,000 square feet (this
is about equal to the amount of trash
it would take to fill up one standard
size garbage can). In general, there
should be no visual evidence of
dumping.
If less than threshold all trash and
debris will be removed as part of next
scheduled maintenance.
Poisonous
Any poisonous or nuisance
No danger of poisonous vegetation
Vegetation and
vegetation which may constitute a
where maintenance personnel or the
noxious weeds
hazard to maintenance personnel or
public might normally be.
the public.
(Coordinate with local health
department.)
Any evidence of noxious weeds as
defined by State or local regulations.
Complete eradication of noxious
weeds may not be possible.
(Apply requirements of adopted IPM
Compliance with State or local
policies for the use of herbicides).
eradication policies required.
Contaminants
Any evidence of oil, gasoline,
No contaminants or pollutants
and Pollution
contaminants or other pollutants.
present.
(Coordinate removal/cleanup with
local water quality response agency).
Storm Water Easement and Maintenance Agreement
Page 13 of 19
No. 1 - Detention Ponds
Maintenance
Defect
Conditions When Maintenance Is
Results Expected When
Component
Needed
Maintenance Is Performed
Rodent Holes
Any evidence of rodent holes if
Rodents destroyed and dam or berm
facility is acting as a dam or berm, or
repaired. (Coordinate with local
any evidence of water piping through
health department; coordinate with
dam or berm via rodent holes.
Ecology Dam Safety Office if pond
exceeds 10 acre-feet.)
Beaver Dams
Dam results in change or function of
Facility is returned to design function.
the facility.
(Coordinate trapping of beavers and
removal of dams with appropriate
permitting agencies.)
Insects
When insects such as wasps and
Insects destroyed or removed from
hornets interfere with maintenance
site.
activities.
Apply insecticides in compliance with
adopted IPM policies.
Tree Growth
Tree growth does not allow
Trees do not hinder maintenance
and Hazard
maintenance access or interferes
activities. Harvested trees should be
Trees
with maintenance activity (i.e., slope
recycled into mulch or other
mowing, silt removal, vectoring, or
beneficial uses (e.g., alders for
equipment movements). If trees are
firewood).
not interfering with access or
maintenance, do not remove.
Remove hazard trees.
If dead, diseased, or dying trees are
identified.
(Use a certified Arborist to determine
health of tree or removal
requirements.)
Side Slopes
Erosion
Eroded damage over 2 inches deep
Slopes should be stabilized using
of Pond
where cause of damage is still
appropriate erosion control
present or where there is potential for
measure(s); e.g., rock reinforcement,
continued erosion.
planting of grass, compaction.
Any erosion observed on a
If erosion is occurring on compacted
compacted berm embankment.
berms a licensed civil engineer
should be consulted to resolve
source of erosion.
Storage Area
Sediment
Accumulated sediment that exceeds
Sediment cleaned out to designed
10% of the designed pond depth
pond shape and depth; pond
unless otherwise specified or affects
reseeded if necessary to control
inletting or outletting condition of the
erosion.
facility.
Liner (If
Liner is visible and has more than
Liner repaired or replaced. Liner is
Applicable)
three 1/4-inch holes in it.
fully covered.
Storm Water Easement and Maintenance Agreement
Page 14 of 19
No.1 - Detention Ponds
Maintenance
Defect
Conditions When Maintenance Is
Results Expected When
Component
Needed
Maintenance Is Porfotmed
Pond Berms
Settlements
Any part of berm that has settled 4
Dike is built back to the design
(Dikes)
inches lower than the design
elevation.
elevation.
If settlement is apparent, measure
berm to determine amount of
settlement.
Settling can be an indication of more
severe problems with the berm or
outlet works. A licensed civil
engineer should be consulted to
determine the source of the
settlement.
Piping
Discernable water flow through pond
Piping eliminated. Erosion potential
berm. Ongoing erosion with potential
resolved.
for erosion to continue.
(Recommend a Goethechnical
engineer be called in to inspect and
evaluate condition and recommend
repair of condition.
Emergency
Tree Growth
Tree growth on emergency spillways
Trees should be removed. If root
Overflow/
creates blockage problems and may
system is small (base less than 4
Spillway and
cause failure of the berm due to
inches) the root system may be left
Berms over 4
uncontrolled overtopping.
in place. Otherwise the roots should
feet in height.
be removed and the berm restored.
Tree growth on berms over 4 feet in
A licensed civil engineer should be
height may lead to piping through the
consulted for proper berm/spillway
berm which could lead to failure of
restoration.
the berm.
Piping
Discernable water flow through pond
Piping eliminated. Erosion potential
berm. Ongoing erosion with
resolved.
potential for erosion to continue.
(Recommend a Goethechnical
engineer be called in to inspect and
evaluate condition and recommend
repair of condition.
Emergency
Emergency
Only one layer of rock exists above
Rocks and pad depth are restored to
Overflow/
Overflow/
native soil in area five square feet or
design standards.
Spillway
Spillway
larger, or any exposure of native soil
at the top of out flow path of spillway.
(Riprap on inside slopes need not be
replaced.)
Erosion
See "Side Slopes of Pond."
Storm Water Easement and Maintenance Agreement
Page 15 of 19
No. 4 - Control Structure/Flow Restrictor
Maintenance
Detect
Comittlon When Maintenance is Needed
Resulte.Bttpected
ce#mpottsnt
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 water tight;
structure repaired or
replaced and works
as designed.
Any holes--other than designed holes--in
Structure has no
the structure.
holes other than
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
maintenance person.
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).
Storm Water Easement and Maintenance Agreement
Page 16 of 19
No. 4 - Control Structure/Flow Restrictor
Maintenance
Defect
Condition When Maintenance is Needed
Results Expected
Component
When Maintenance
is Pwtormed
Catch Basin
See "Catch Basins"
See "Catch Basins" (No. 5).
See "Catch Basins"
(No. 5).
(No. 5).
Storm Water Easement and Maintenance Agreement
Page 17 of 19
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
separation of more than 3/4 inch of the frame
the riser rings or top slab
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 1/2 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 18 of 19
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
Cover can be removed by
to Remove
after applying normal lifting pressure.
one maintenance person.
(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 19 of 19