HomeMy WebLinkAbout20091118001493 STORM WATER EASEMENT AND MAINTENANCE 110409Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20091118 0149
NH 136.00
KING COUNTY, ~A
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC09-0013 , . `1 = sR;l
1r1a~~i-~2i
Reference # (if applicable): N/A
Grantor/Borrower: Auburn Professional Plaza, LLC
Grantee/Assignee/Beneficiary: City of Auburn I 13
Legal Deseription/STR: SE'/aNE '/aS13-T21N-R04E ,
Assessor's Tax ParcelID#: 049200-0460,049200-0463, and 049200-0461 -
THIS EASEMENT AND AGREEMENT made and entered into this Ll~ day of
NOkCry~7(3A'2 -2009, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and Auburn Professional
Plaza, LLC hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for The Mel's Lumber Parking Lot located at
120 Is` Street NW and 124 V Street 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 the 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 13
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 I, 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.
GRA08-0045, 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
parties.
This Agreement shall be binding upon the heirs, successors and assigns of the
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.
Storm Water Easement and Maintenance Agreement
Page 2 of 13
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.
EXECUTED as of the date first written above.
44OUA4 FA6 7 /&19t- 0'401 L &
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STATE OF WASHINGTON)
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that (f
is the person who ap an efo e me and said person
acknowledged t he/ e signed this instrument, on oath stayed t t e was authorized
to execute the instrument and a~krtowled ed it as the /y
a umttea uauwty c•,4jr-pan
and purposes mentioned in
Dated /6 ~ 16 9
strument.
party for the uses
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Storm Water Easement and Maintenance Agreement
Page 3of13
CITY OF AUBURN
--Tim Carlaw, Storm Drainage Engi eer 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 l q 10 I C) o
.'\\\\\U title'' -
s ' • - Notary Publi lrz n nd for the Stake of Washington
Residing at
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File: 1276
Ref: H:\Development\ProjectsWel's Lumber\Legal Documents\2009
Storm Water Easement and Maintenance Agreement
Page 4 of 13
EXHIBIT A
LEGAL DESCRIPTION
PARCEL A:
THE WEST 118 FEET OF BLOCK 7, MAP OF L.W. BALLARD'S PARK ADDITION TO
SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF
PLATS, PAGE 91, IN KING COUNTY, WASHINGTON.
PARCEL B:
THE SOUTH 100 FEET OF BLOCK 7, MAP OF L.W. BALLARD'S PARK ADDITION TO
SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF
PLATS, PAGE 91, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 118 FEET;
TOGETHER WITH THE VACATED WEST 10 FEET OF SILVER STREET (NOW "A"
STREET N.W.) ADJOfN NG.
PARCEL C:
BLOCK 7 IN L.W. BALLARD'S PARK ADDITION I'0 SLAUGHTER, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, IN KING COUNTY,
WASHINGTON;
EXCEPT THE SOUTH 100 FEET;
AND EXCEPT THE WEST 118 FEET;
TOGETHER WITH THE WEST 10 FEET OF VACATED SILVER STREET (NOW "A"
STREET N.W.) ADJOINING THE NORTH 96 FEET OF SAID BLOCK 7, WHICH ATTACHED
THERETO BY OPERATION OF LAW UPON VACATION.
Storm Water Easement and Maintenance Agreement
Page 5 of 13
EXHIBIT B
SITE PLAN
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Storm Water Easement and Maintenance Agreement
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EXHIBIT 'C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
for
MEL'S LUMBER
SEPA NO. SEP07-0027
FAC NO. FAC09-0013
GRA NO. GRA08-0045
Site Address:
The project is located in Northeast quarter of Section 13-Township 21
North-Range 4 East, W.M., NWC of 'A' Street N.W. and 1st Street N.W.
The tax parcel numbers are Parcel A - 0492000460, Parcel B -
0492000463, Parcel C - 0492000461.
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 Mel's Lumber located at NWC of 'A' Street
N.W. and 1st Street N.W. The site has an area of approximately 1.08
acres and is currently undeveloped vacant land. The subject site will be
developed as a parking lot with catch basins, pipe conveyance, and water
quality facility.
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 stormfilter vault located in the northeast corner of the site. Here the
storm water will be released into a 12-inch proposed storm drainage line
running to the east connecting into the existing 24-inch storm main in the
center of 'A' Street N.W. This system flows directly to north in 'A' Street
N.W.
Storm Water Easement and Maintenance Agreement
Page 7 of 13
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 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,
detention/wetpond, 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. 5 - Catch Basins
No. 15 - STORMFILTERTM
Treatment BMP'S:
A stormfilter vault has been installed to treat runoff for conventional
pollutants. The stormfilter vault was designed to treat 64% of the 2-year
storm event (water quality storm) for water quality treatment.
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.
I
Storm Water Easement and Maintenance Agreement
Page 8 of 13
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 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 stormfilter vault 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:
A ass pQo Fsssl Fri f y2)t
Entuip, IOU
c/o Michael John Klein CPA
5743 Corsa Avenue, Suite 216
Westlake Village, CA 91362
Design Engineer:
Barghausen Consulting Engineers, Inc.,
18215 - 72nd Avenue South
Kent, WA 98032
(425) 251-6222
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.
Storm Water Easement and Maintenance Agreement
Page 9 of 13
INSPECTION/MAINTENANCE CHECKLIST
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Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Stormfilter Vault
Inspection
Results
Maintenance
Done
Inspection
Conve ance Pi es
Results
Maintenance
Done
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.
Storm Water Easement and Maintenance Agreement
Page 10 of 13
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 113 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 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 11 of 13
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When 1
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 Fasement and Maintenance Agreement
Page 12 of 13
No. 15 - STORMFILTERTM
Maintenance
Defect
Condition When Maintenance is
Results Expected When
Component
Needed
Maintenance is Performed
Below Ground
Sediment
Sediment depth exceeds % inch.
No sediment deposits that
Vault
Accumulation on
would impede permeability of
Media.
the compost media.
Sediment
Sediment depth exceeds 6-inches in first
No sediment deposits in vault
Accumulation in
chamber.
bottom of first chamber.
Vault
Trash/Debris
Trash and debris accumulated on
Trash and debris removed from
Accumulation
compost filter bed.
the compost filter bed.
Sediment in
When drain pipes, clean-outs, become
Sediment and debris removed.
Drain
full with sediment and/or debris.
Pipes/Clean-
Outs
Damaged Pipes
Any part of the pipes that are crushed or
Pipe repaired and/or replaced.
damaged due to corrosion and/or
settlement.
Access Cover
Cover cannot be opened; one person
Cover repaired to proper
Damaged/Not
cannot open the cover using normal
working specifications or
Working
lifting pressure, corrosion/deformation of
replaced.
cover.
Vault Structure
Cracks wider than 1/2-inch or evidence
Vault replaced or repairs made
Includes Cracks
of soil particles entering the structure
so that vault meets design
in Wall, Bottom,
through the cracks, or
specifications and is structurally
Damage to
maintenance/inspection personnel
sound.
Frame and/or
determine that the vault is not
Top Slab
structurally sound.
Cracks wider than 1/2-inch at the joint of
Vault repaired so that no cracks
any inlet/outlet pipe or evidence of soil
exist wider than 1/4-inch at the
particles entering through the cracks.
joint of the inlet/outlet pipe.
Baffles
Baffles corroding, cracking warping,
Baffles repaired or replaced to
and/or showing signs of failure as
specifications.
determined by maintenance/inspection
person.
s Ladder
Ladder is corroded or deteriorated, not
Ladder replaced or repaired
ged
rDa
fu nctioning properly, not securely
and meets specifications, and is
attached to structure wall, missing rungs,
safe to use as determined by
cracks, and misaligned.
inspection personnel.
Below Ground
Compost Media
Drawdown of water through the media
Media cartridges replaced.
Cartridge Type
takes longer than 1 hour, and/or overflow
occurs frequently.
Short Circuiting
Flows do not properly enter filter
Filter cartridges replaced.
cartridges.
Storm Water Easement and Maintenance Agreement
Page 13 of 13