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HomeMy WebLinkAbout20091118001488 STORM WATER AND MAINTENANCE AGREEMENT 110409Return Address: City of Auburn 09111 City Clerk 20 P"CIFIC NW TIT ERS 25 West Main 01 OF 017 Auburn, WA 98001 /1118/ , ir nuNT 14 g k . Y WH Above this line reserved for STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC08-0021 µtrsF` 1 Hy1ES i T i I LE Reference # (if applicable): N/A GrantorBorrower: Auburn Professional Plaza, LLC~ Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW'/<NW'/a S13-T21N-R4E ll-+~ Assessor's Tax ParcelID#: 781620-0005,781620-0015,781620-0020, 781620-0025,781620-0035,781620-0030, THIS EASEMENT AND AGREEMENT made and entered into this 4 day of 1V OYepM, 6Z_ , 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 Auburn Professional Plaza located at North Division Street and East Main Street, 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 7 Storm Water Easement and Maintenance Agreement Page 1 of 17 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. FAC08-0021, 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 Storm Water Easement and Maintenance Agreement Page 2 of 17 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. 7 Storm Water Easement and Maintenance Agreement Page 3 of 17 EXECUTED as of the date first written above. IN WITNESS WHEREOF the Grantor has executed these presents this Aday of 11v~~~1~Jc , 2009. 4(46(4YQofSSj~it)A1 p~g3LGc u oriz ignature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that - s the person who appXre ore, n and said person acknowledged th the/ e signed this instrument, on oath stated t t he/s was authorized to execute the instrument and acknowledged it as the , and purposes mentioned in this Dated /,o y/G~? IIII~~t,,~l~FC1~/S+ _ .S \55tON F~,p/; PUBS-~G O EOF WP`'~ 111 to be the tree andAoluntarv act of such D&tv for the uses Notary Public ir3 d fo~the S !te of Washington Residing at, Lz ~j My appointment expires O$ O 2a/2 Storm Water Easement and Maintenance Agreement Page 4 of 17 CITY OF AUBURN Carlaw, Storm Drainage Engineer 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 parry for the uses and purposes mentioned in this instrument. Dated 11 I to 1 o `````~~\\\\\\11111111.. Notary Pub -g in and for the Stag of Washington Residing at 1 _"r _ l ".M' t My appointment expires- it /I 4 111 HS/tlb File: #1245 RF,F. H:ADevelopmentAProjects\Auburn Professional PlazaAEegal Docs\2009 Storm Water Easement and Maintenance Agreement Page 5of17 EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Block 0, Ballard's First Addition to the Town of Slaughter (now Auburn), according to the plat thereof recorded in Volume 2 of Plats, page 84, Records of King County, Washington; ALSO land lying Easterly of said lot between said lot and Auburn Avenue and North of Main Street and South of the public alley extending East and West on the north of said Block 0, being more particularly described as follows: BEGINNING at the Southwest corner on said Lot 1, Block 0, and running Easterly along the South line of said lot extended along the Northerly line of Main Street to the intersection of said Northerly line of Main Street with the West line of Auburn Avenue; THENCE Northeasterly along the West line of Auburn Avenue to the intersection of said West line of Auburn Avenue with the Southerly line of the above-mentioned alley; THENCE Westerly along the South line of said alley to the Northwest corner of said Lot 1; THENCE Southerly along the Westerly line of said Lot 1 to the POINT OF BEGINNING; TOGETHER WITH Lots 2, 3, and 4, Block 0, First Addition to the Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 84, Records of King County, Washington; TOGETHER WITH Lots 5, 6, and 7, Block 0, 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; TOGETHER WITH all that portion of the 16-foot alley adjoining North of Lots 2, 3, and 4, Block 0, First Addition to the Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 84, Records of King County, Washington, and adjoining South of Lots 5, 6, and 7, Block 0, L.W. Ballard's Park Addition to Slaughter, according to the plat thereof recorded in Volume 3 of Plats, page 91, Records of King County, Washington. Project Name: City Hall Annex - Tavern Row August 22, 2007 RW G/jss 13147L.004.doc 9 Storm Water Easement and Maintenance Agreement Page 6 of 17 o= , l \ 7 boN~~~~1~b wJ I h k Q y OT ` l ~ 4 .1 0 \ I U m i 1 w r J Q U z ° - - X w W o a w O Wl~ is 1V00l) J3381S NOISIAId HJJJON Storm Water Easement and Maintenance Agreement Page 7 of 17 EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE Forthe AUBURN PROFESSIONAL PLAZA SEPA NO. SEP07-0026 FAC NO. FAC08-0021 GRA NO. Site Address: The project is located in the Southeast quarter of the Northeast quarter of Section 13, Township 21 North, Range 4 East, W.M., One East Main Street. The tax parcel numbers are 781620-0005, 781620-0015, 781620- 0020, 781620-0025, 781620-0035, 781620-0030, 049200-0595, and 049200-0605. 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 Auburn Professional Plaza located at One East Main Street. The site has an area of approximately 0.97 acre and is currently developed with six existing structures, with associated sidewalks and utilities. The subject site will be developed as a 90,000 square foot three-story mixed-use/professional office building with some retail. The subject site will include pavement, landscaping, buildings, and walkways. 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, building and pavement areas in a series of catch basins. This water will be conveyed by storm drainage pipe to a storm water 2-cartridge stormfilter unit located at the southeast corner of the site. Here the storm water will be released into an 8-inch proposed storm drainage line running to the south connecting into the existing 12- inch public storm main in the north curbline of East Main Street. Storm Water Easement and Maintenance Agreement Page 8 of 17 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 and stormfilter 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 (leaf compost filter) No. 16 - Baffle Oil/Water Separators (API Type) No. 17 - Coalescing Plate Oil/Water Separators No. 18 - Catch Basin Inserts Treatment BMP'S: A 2-cartridge catch basin stormfilter has been installed to treat runoff for conventional pollutants. The stormfilter 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. Storm Water Easement and Maintenance Agreement Page 9 of 17 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 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 Professional Plaza, LLC 5743 Corsa Avenue, Suite 216 - c/o MICFAC-L UD60- k/eid1 coq Westlake Village, CA 91362 (818) 865-1400 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 10 of 17 INSPECTION/MAINTENANCE CHECKLIST t rt t iv'! jt~tl mid t !3 ' i yt si STRUCTURE 9 Q RNs 0I'- #Ql 1~III A~~I NE 3, t , , . x r ~i: tr i I i . Results/ Maintenance Date Inspection CB No. 1 Results Maintenance Done Inspection CB No. 2 Results Maintenance Done Inspection CB No. 3 Results Maintenance Done Stormfilter CB No. Inspection 4 Results Maintenance Done Inspection Conveyance Pi es Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 11 of 17 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.5-Catch Basins Maintenance Defect - Conditions When Maintenance is Needed Results Expected. Component When Maintenance is performed General Trash & Trash or debris which is located immediately in No Trash or debris Debris front of the catch basin opening or is blocking located immediately in inletting capacity of the basin by more than 10%. front of catch basin or on grate opening. Trash or debris (in the basin) that exceeds 60 No trash or debris in percent of the sump depth as measured from the 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 blocking more than 1/3 of its height. free of trash or debris. Dead animals or vegetation that could generate No dead animals or odors that could cause complaints or dangerous vegetation present gases (e.g., methane). within the catch basin. Sediment Sediment (in the basin) that exceeds 60 percent No sediment in the of the sump depth as measured from the bottom catch basin. 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 inches Top slab is free of Damage to or cracks wider than 1/4 inch. holes and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Storm Water Easement and Maintenance Agreement Page 12 of 17 No. 5-Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected' Component When Maintenance is-' performed Frame not sitting flush on top slab, i.e., Frame is sitting flush separations of more than 3/4 inch of the frame on the riser rings or from the top slab. Frame not securely attached top slab and firmly 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 than Pipe is regrouted and 1/2 inch and longer than 1 foot at the joint of any secure at basin wall. inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, function, Basin replaced or Misalignment or design problem. repaired to design standards. Vegetation Vegetation growing across and blocking more No vegetation blocking than 10% of the basin opening. opening to basin. Vegetation growing in inlet/outlet pipe joints that No vegetation or root is more than six inches tall and less than six growth present. 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. Any Catch basin cover is Cover Place 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 to Remove after applying normal lifting pressure. person can remove (Intent is keep cover from sealing off access to cover. maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, misalignment, standards and allows 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 20% Grate free of trash and Debris of grate surface inletting capacity. debris. Damaged or Grate missing or broken member(s) of the grate. Grate is in place and Missing. meets design standards. Storm Water Easement and Maintenance Agreement Page 13 of 17 No. 15 - StormfilterTM (leaf compost filter) 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 Media. of the compost media. Sediment Sediment depth exceeds 6-inches in first No sediment deposits in Accumulation in chamber. vault bottom of first Vault chamber. Trash/Debris Trash and debris accumulated on Trash and debris removed Accumulation compost filter bed. from the compost filter bed. Sediment in When drain pipes, clean-outs, become Sediment and debris Drain full with sediment and/or debris. removed. Pipes/Clean- Outs Damaged Pipes Any part of the pipes that are crushed or Pipe repaired and/or damaged due to corrosion and/or replaced. 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 112-inch or evidence Vault replaced or repairs Includes Cracks of soil particles entering the structure made so that vault meets in Wall, Bottom, through the cracks, or design specifications and is Damage to maintenance/inspection personnel structurally 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 any inlet/outlet pipe or evidence of soil cracks exist wider than 1/4- particles entering through the cracks. inch at the joint of the inlet/outlet pipe. Baffles Baffles corroding, cracking warping, Baffles repaired or and/or showing signs of failure as replaced to specifications. determined by maintenance/inspection person. Access Ladder Ladder is corroded or deteriorated, not Ladder replaced or Damaged functioning properly, not securely repaired and meets attached to structure wall, missing rungs, specifications, and is safe cracks, and misaligned. to use as determined by 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 I Flows do not properly enter filter Filter cartridges replaced. cartridges. Storm Water Easement and Maintenance Agreement Page 14 of 17 No. 16 - Baffle OillWater Separators (API Type) Maintenance Defect Condition When Maintenance is Results Expected When 'rr Component Needed Maintenance is Performed General Monitoring Inspection of discharge water for Effluent discharge from vault obvious signs of poor water should be clear with out thick quality. visible sheen. Sediment Sediment depth in bottom of vault No sediment deposits on vault Accumulation exceeds 6-inches in depth. bottom that would impede flow through the vault and reduce separation efficiency. Trash and Debris Trash and debris accumulation in Trash and debris removed from Accumulation vault or pipe inlet/outlet, floatables vault and inlet/outlet piping. and non-floatables. Oil Accumulation Oil accumulations that exceed 1 Extract oil from vault by inch, at the surface of the water. vactoring. Disposal in accordance with state and local rules and regulations. Damaged Pipes Inlet or outlet piping damaged or Pipe repaired or replaced. broken and in need of repair. Access Cover Cover cannot be opened, Cover repaired to proper Damaged/Not corrosion/deformation of cover. working specifications or Working replaced. Vault Structure Vault replaced or repairs made Damage - Includes so that vault meets design Cracks in Walls See "Catch Basins" (No. 5). specifications and is structurally Bottom, Damage to sound. Frame and/or Top Slab Cracks wider than 1/2-inch at the Vault repaired so that no cracks joint of any inlet/outlet pipe or exist wider than 1/4-inch at the evidence of soil particles entering joint of the inlet/outlet pipe. through the cracks. Baffles Baffles corroding, cracking, Baffles repaired or replaced to warping and/or showing signs of specifications. failure as determined by maintenance/inspection person. Access Ladder Ladder is corroded or Ladder replaced or repaired Damaged deteriorated, not functioning and meets specifications, and is properly, not securely attached to safe to use as determined by structure wall, missing rungs, inspection personnel. cracks, and misaligned. Storm Water Easement and Maintenance Agreement Page 15 of 17 No. 17 - Coalescing Plate OilMater Separators Maintenance lDefect Condition When Maintenance is Results Expected When Component Needed Maintenance is Performed General Monitoring Inspection of discharge water for Effluent discharge from vault obvious signs of poor water should be clear with no thick quality. visible sheen. Sediment Sediment depth in bottom of vault No sediment deposits on vault Accumulation exceeds 6-inches in depth and/or bottom and plate media, which visible signs of sediment on would impede flow through the plates. vault and reduce separation efficiency. Trash and Debris Trash and debris accumulated in Trash and debris removed Accumulation vault, or pipe inlet/outlet, from vault, and inlet/outlet floatables and non-floatables. piping. Oil Accumulation Oil accumulation that exceeds 1- Oil is extracted from vault inch at the water surface. using vactoring methods. Coalescing plates are cleaned by thoroughly rinsing and flushing. Should be no visible oil depth on water. Damaged Plate media broken, deformed, A portion of the media pack or Coalescing Plates cracked and/or showing signs of the entire plate pack is failure. replaced depending on severity of failure. Damaged Pipes Inlet or outlet piping damaged or Pipe repaired and or replaced. broken and in need of repair. Baffles Baffles corroding, cracking, Baffles repaired or replaced to warping and/or showing signs of specifications. failure as determined by maintenance/inspection person. Vault Structure Cracks wider than 1/2-inch or Vault replaced or repairs made Damage- evidence of soil particles entering so that vault meets design Includes Cracks in the structure through the cracks, specifications and is Walls, Bottom, or maintenance/inspection structurally sound. Damage to Frame personnel determine that the vault and/or Top Slab is not structurally sound. Cracks wider than 1/2-inch at the Vault repaired so that no joint of any inlet/outlet pipe or cracks exist wider than 1/4- evidence of soil particles entering inch at the joint of the through the cracks. inlet/outlet pipe. Access Ladder Ladder is corroded or Ladder replaced or repaired Damaged deteriorated, not functioning and meets specifications, and properly, not securely attached to is safe to use as determined structure wall, missing rungs, by inspection personnel. cracks, and misaligned. Storm Water Easement and Maintenance Agreement Page 1 6 o f t 7 No. 18 - Catch Basin Inserts Maintenance Defect Conditions When Maintenance Results Expected When Component is Needed Maintenance is Performed General Sediment When sediment forms a cap No sediment cap on the insert Accumulation over the insert media of the media and its unit. insert and/or unit. Trash and Debris Trash and debris accumulates Trash and debris removed from Accumulation on insert unit creating a insert unit. Runoff freely flows blockage/restriction. into catch basin. Media Insert Not Effluent water from media insert Effluent water from media insert is Removing Oil has a visible sheen. free of oils and has no visible sheen. Media Insert Water Catch basin insert is saturated Remove and replace media Saturated with water and no longer has the insert. capacity to absorb. Media Insert-Oil Media oil saturated due to Remove and replace media Saturated petroleum spill that drains into insert. catch basin. Media Insert Use Media has been used beyond Remove and replace media at Beyond Normal the typical average life of media regular intervals, depending on Product Life insert product. insert product. Storm Water Easement and Maintenance Agreement Page 17 of 17