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Home My WebLink About20091118001493 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 & wn Date ~Z STATE OF WASHINGTON) ) ss 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 ' t111\~4......hR/ss__ ~ SSIiJN F'•. ro~~OIARY (Pmu,~: •V r.~ PUBOG .2 0 N9TF A0 W A Notary Public in for the St t~ of Washington Residing at My appointment expires D F/D f'/2.0/2 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 9j 'y~7. .~1 r` C 19 My appointment expires I t I 1tWAS HS/tlb/jr 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 m R' p ~ f x Storm Water Easement and Maintenance Agreement Page 6 of 13 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 t ; I r~ I ~ 19 ; q I§ ~ a n ~ I I I ~ STRUCTURE FJe4?E3~~~ ~ #5P~EgN/MAa ~ , i N~1 1 131 I ; ; °hw'li li P h ! 6 1 1 i%! l F i t ti ~I II) I , ~rifi;l N 1 1 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