HomeMy WebLinkAbout20070919002372 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 082107~,i ' .
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGl
FAC06-0004
Reference # (if applicable): N/A
Grantor/Borrower: CORE DEVELOPMENT LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW S 18 T2 IN R5E
Assessor's Tax Parcel ID#: 182105-9331
THIS EASEMENT AND AGREEMENT made and entered into this o7l day of
wd t , 2007, by and between the City of Auburn, a municipal corporation
of king County, Washington, hereinafter referred to as "CITY" and
CORE DEVELOPMENT 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 Remax Office Building located at
724 Auburn Way North, 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 documant(s) were fYed for
rw"4 by Pacific NortFnvest TW as
a=mmodation only. It has not been
sxamirted as to proper exeoulion or
Storm Water Easement and Maintenance Agreement SS t0lts affect upon ti le
Page 1 of 12
EXCISE,Ta I, `T " ,ai I~ ED
sn~ca, Fi 70 rdr fi,ivlslon
Pub
, (I DII
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.
FAC06-0004, 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.
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
Storm Water Easement and Maintenance Agreement
Page 2 of 12
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.
EXECUTED as of the date first written above.
g~a ~O7
Z 4
A orized Signature Date
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
Date
I certify I have know or have satisfactory evidence that I J 415ON \.A C 1<
is/ the person who appeared before me, and
said person acknowledged that he /tl y signed this instrument on oath stated that
he/~e/tyy was/ re authorized to execute the instrument and acknowledge as Tke
16"4-97v9 PMbee of Q.&Lf- 6Fug 1oWrhENf L.LC
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated g''rF
2 y~oN ERY9FS'.
:W'~ OAP
N
I If
Notary Pub ' d for the St 94F of Washington
Residing at uv1 Co l~ c~.nc
My appointment expires i o
Storm Water Easement and Maintenance Agreement
Page 3 of 12
CITY OF AUBURN
` 1 V1 07
Tim 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 party for the uses and purposes mentioned in this instrument.
Dated 'j 4 ( /0
:ms`s OSARY cs':
~J
:o ?
\rj 0,
B\e
'
D
L
PU
1
9~ t 1g 0: ~r s
4
Notary Public-in for the
TE.~. Q4
Residing at
tment e
Y pp p
KT/tlb
File: #1084
REF. H:DevelopmentTrojectsWuburn Remax Office Building\Legal Documents
Storm Water Easement and Maintenance Agreement
Page 4 of 12
EXHIBIT "A"
LOT 2 C EKES( fRIFRON
A PORTION OF GOVERNMENT LOT 8, SECTION 18, TOWNSHIP 21, NORTH, RANGE 5 EAST, W.M.
CITY OF AUBURN. KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF SAO SECTION 18;
THENCE NORTH 87'35'30" EAST ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1,251.20 FEET;
THENCE SOUTH 02'24'30" EAST A DISTANCE OF 220.34 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 02'24'30' EAST A DISTANCE OF 139.50' FEET TO A POINT ON THE. NORTH
LINE OF THE SOUTH 300 FEET OF THE NORTH HALF OF SAID GOVERNMENT LOT 8;
THENCE SOUTH 87'35'49" WEST ALONG SAID NORTH LINE A DISTANCE OF 75.78 FEET;
THENCE NORTH 02'24'30° WEST A DISTANCE OF 139,50 FEET;
THENCE NORTH 87'35'30" EAST PARALLEL WITH THE NORTH LINE OF SAO SECTION 18,
A DISTANCE OF 75.78 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD.
Storm Water Easement and Maintenance Agreement
Page 5 of 12
EXHIBIT "B"
A POR. OF THE NW 1/4, SEC. 18, TWP. 21 N, RGE. 5 E,,'W.M.
CITY OF AUBURN, KING COUNTY, WASHINGTON
E BRASS DISK,
MONMENT 7 N CASE AT END MONUM
ANO 'X" ENT IN WA CASE
OF U PRIVATE GRAVEL ROAD FOUND 25 AUG 97
FOUND 25 AUC 97
115,6.35: _
I S87'35'30'V! 2519.2tl (MEA5URE0,) 2409.59' (CITY OF AUBURN G.P.S.
_ _ i 799'
-1093 d((GAL C)) $ ¢."157.71' (CµC)i•~'-v-
A,IB 1091.20' VEEO) #iaj 160.00' (DEED) 90;^,I 90;x,1
2' BRASS DISK-
W/PUNCH IN CASE
FOUND 01 DEC 98
N64'01'06"W 43.87'
/r-564'01'06"E 49.98•
1 s9. It, f y') N02
0 15 '24.3Q"W
. ocres C324.50 q. o:,,
,fi~l au4e
3" DEE ED i0 711E c +7ry~ c
CITY AUBURN
2" BRASS IN SC ASE A£R 408171WG ooryP
FOUND 01 DEC 08 NO. 9408!71199
N, LINE. S, 300•, N. HALF, GOVERNMENT LOT e,
SEC. 18. TWP. 21H, RGE. 5E.• W.M•
REFERENCES
1• KING COUNTY ASSESSOR'S MAP OF NW. 18-21-5
2. RECORD OF SURVEY VOL. 33, PG. 220 - 8209219001
3. RECORD OF SURVEY VOL. 95. PG. 118- 9390219002
4. RECORD OP SURVEY VOL. 105, PG. 250 - 9510099012
5. RECORD OF SURVEY VOL. Ill. PG. 106 - 9609269004
6. PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC.
PLAT CERTIFICATE ORDER NO. 359655, j1
1`
GRAPHIC SCALE
100 0 50 100 200
( IN FEET T
1 Inch - 100 ft.
LAND SURVEYOR'S CERTIFICATE
!h4 svediWs;on comeal[y represertts u shorf pall made Gy me cr
under my direction. in con/ormonce with the requirements 0(
cppropriolar-sro-tle eed city stetufe end ordtn cc.
o
Storm Water Easement and Maintenance Agreement
Page 6 of 12
MERIDIAN:
WASHINGTON STATE PLANE
NORTH ZONE
HPGN 83/91
EXHIBIT "C"
STORM WATER. POLLUTION PREVENTION PLAN
for
AUBURN' RENIAX BUILDING
FAC NO. 05-0004
Site Address:
The project is located in a portion of NW 1!4, Section 18, Township 21N,
Range 5E, 4N _M. The site address is 725 Auburn Way North, Auburn, WA
98002 and the tax parcel number is 1821059331.
Introduction:
This storm water pollution prevention report has been prepared to address
the City of Auburn's site development and storm drainage requirements for
the proposed Auburn Remax Building located at 725 Auburn Way North,
Auburn. %VA 98002.
The subject site will be a two story office building with parking spaces,
perimeter landscape area and trash enclosure. The proposed project will be
built on a rectangular shaped lot with a total area of approximately 0.20 acres.
The property is presently covered mostly with grass. Site soils are classified
as urban type soil in the SCS soil survey for € ing County. The ground is
mostly flat, and general), slopes to the west.
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 The total impervious area being proposed is approximately 6,500
sq.ft, since this is less than 20,000 sq ft. A stormceptor is being proposed to
provide water quality treatment. An infiltration facility will Lie instaited in the
east side of the property and north of the office building to provide storm
water quantity control. The facility was sized to retain the design volume for
the 100-YR, 24-FIR post development condition.
Storm Water Easement and Maintenance Agreement
Page 7 of 12
Plan Goat:
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 1-425-649-7400. The catch basins will be visually inspected for
accumulation of debris and silt and will be maintained as required LYy this
pollution prevention plan.
Maintenance Standards for Drainage Facilities (from the Department of
Ecology Storm Water Manual,. August 2001)
BPAP C105 - Stabilized Construction Entrance
BMP C 120 - Temporary and Permanent Seeding
BMP 0220 -Storm Drain Inlet Protection
BMP 0233 - Silt Fence
Treatment SMP'S:
A stormceptor has been installed to remove suspended solids and floating
contaminants from stormwater runoff of a 104-vr storm event. An inftration
facility was the method used for the dispersal of the stormwater.
The City of Auburn Storm Drainage Utility section is to review and approve any
changes to this Storrs 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 8 of 12
I nspection/Maintenance:
A qualified individual shall perform inspection of the facilities. 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 stormceptor and catch
basins must be properly maintained. Be careful to avoid introducing
landscape fertilizer to receiving waters or groundwater. Catch basins shall be
cleaned when sump is 113' full of sediment or debris.
Person of Responsibility:
PQG_ Mark Novels
1218 A Street SE
Auburn, WA 98002
(253)261-8343
Design Engineer:
POC: Alex Poblete
726 Auburn Wav N
Auburn. WA 98602
(253)333-2200
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 12
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
"
N
,
Resuttsi
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Prone
Stormceptor
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Lion
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 andfor 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.
Stormceptor:
The stormceptor shall be maintained similar to catch basin. In addition all parts
and connection shall be in good condition, fix or replace as necessary.
Storm Water Easement and Maintenance Agreement
Page 10 of 12
Catch Basins
Maintenance Defeat Conditions When 4taintenanoe is Needed 12esu Its Expected
Campanent When
M4aitttenari is
performed
Genes;
Trash 8 Debris
Trash or debris whiich a located immnedlately Ir
No Trash or debris
front of the cx:ch basin opening or is blocking
located
inletting capacity of the basin by more than 10%
immediately in frort
of catch basin or
or grate opening.
Trash or debris lir. the bas-ny that exceeds B3
No -rash or debris
percent of the sump depth as measured 'roc: tine
~n the sa?ch basin.
bottom of basin to irvert of the lowest p€p=_ into
or out of the basin, oti~l ie no case':-ess than a
mirim_irn of six inches. clearance from tre deans
surface to the hivert ox the -`truest pipe.
Trash or debris in any Inlet or o;nlet pipe
'rlet and cutler
blocking more than +t3 of its henght
pipes free of trash
or eeb:ris.
Dead animals or lageta;tion that coma generate
No dead arJimasi or
odors that .xn@d cause cc:wplainr :+dangerous
vsgetauor present
gases e.g., nrertarien
with-in tie 031-11
rasir_
Sedix;ent
Sedan rt (in its bai that eseeeds dC pe ce-h'
Na sedir'xnt it the
of the sump depth as ruasured `ram the bottom
catctz. basin.
of basin to irvert of the;owest pipe who or out of
the basic, but in no case less tha,, is et5nmum o*
d it c has cearance iram, the sediment strfa0e to,
the invert of the lowest pipe.
shuetare Da:nrvpe
To., slab has hates'-argrrthan 2 square it ches
Tap cab is free of
to Frame andtcr
or cracks wider then "i4 im:h.lhniert is to rake
hales and cracks-
Top Viso
sire no material is running into basiri.
Frame not sitting fiureh on top slab., i,e..
Frame is srtt,ng
separators of more than 3,4 tri of ore frame
t'Ush on the user
from the top slab:. Frame not securety atnohed
Firgs or top: slab
and. firmly
altarahed.
Frar_tares or
Mainhanace perscn jadges. trial slip p uee:fs
Basin: replaced or
Ci arks in Basin
unsaurd'.,
repaired to desigr
~PVaBS: Bo-mm
stardards.
=rant fli=_t has separated or cracked wider thae
Pope is regrouts-d
i12 inch and longer list, 1 fart at the joie t of any
and sec-ire at
iirl-Voirs t pipe or arty evidence of so2 particles
aasie wai
entering catd^ barn through orti
SetJeftent:
I fa-Nre of hasir has creoled a safety, furotion
Basin replaced or
fillsa!ignrnent
or design problem.
re as i.red to design
stardirds.
tfepetoton
Vegaiat-an groiaing acrass and our x n g ri ane
^Lc vegetatan^
than . C k of the baer, opel"T ig.
blocking dossing to
bass,
Vegstaton growrg n nieuoutrei pipe ,;ntsthat
}la vegetinana,
is mere that six Inches tail and less khan six:
rooz grovwh.
irck+es apart .
presert.
Corta,niratdcn
See"Detentoi-~ Fonds Inks. It
Napoll.flor-
and Po3iutien
presert.
Storm Water Easement and Maintenance Agreement
Page 11 of 12
Catch Basm
Cover Noe rr Race
Cover !s messing or only partiai'y in pace. Any
Catch basir. cover
Cover
open= catch basin requires maintenance.
is closed.
Locking
Mechanism cannot be opened by one
krachanism opens
Mechanism Not
maintenance person with proper tools Boas into
with proper tools.
Wo?Kirg
frame nave less than 1t2 inch of thread.
Cover D ffouit to
Ore mairtenance person cannot remove lid after
One maintenance
Rem=ove
apotyirg ncrrlai lining pressure.
person can rersroue
;Ir!ent is keep cave, from sealing off access to
cover.
ma-msrance.'i
Ladder
Ladder Rungs
Ladder is unsafe cue to m~ssnng nings, rat
Ladder meets
Ursafe
securely attached to basin wall, 7isal,V mem
design: standards
rust.. cracks, or sharp ecges.
and allows
.maintenance
person Safe
access
Metal Crates
Grate ope"liIs
prate with coerlrug raid, dial 7,~S inch
Grate Doering
tlf
Unsafe
wre=sts design
Apaicable}
Standards.
Trash and Debra
rash arol €lebr-a gnat s lydchrg more thar ZJ%
Gratis Free of trash
of grate sur`ace mtetiing capaoity.
and debris -
Damaged or
Grate missing ar brciren ms,,Ider Is, a1 .hie grate.
+'rete is in place
Vt
and rr<ee7s desigr
Standards.
StomAptcr
m intenafroe . Defect Conditions When Mainteriarree is Results Expected When
contPonent : Needed Maintenar oe is Performed
General
Sediment
When sediment farms a cap aver the
Nc sediment cap on the insert
Acoumu ation
insert edra of the inser an Tor un It.
media and its unti.
Trash ar.:d Deb,is
?sash and debris acz irnvates r,¢
'rash and debris removed from
Acz~jmulation
mserturic cresting a
rsa=t u9T R .tuff freely Tows
blockagatkestrir_hor,.
rte catch basin.
Me&Z, inser'. No:
Eff t em water from med a nse+t has
Effuert water from media insert is
Removing od
a visibee Steen.
free of oar and has no vis b;-
sheer.
Mischa Insert
Catch bas,r n,si t is saturated with
Remove and replace media trseat.
Vials, Sar r ed
water and--=c, longer has the capacty
to absorb.
hled.a insert-13,1
Med a oil saturated due to aermeum
Remove and replace media rtsea.
S3 urated
spiR that crairs into =catch basin.
Veda insert Use
atedia has been used beyond the
Remove and replace media at
Beyond No niaf
typical average Tis of media insert
-egata= lmeraais_ depending an
Product Life
product.
+rse, product.
Storm Water Easement and Maintenance Agreement
Page 12 of 12