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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