HomeMy WebLinkAbout20070919002382 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 080807S~,7 11 pt! (1706'
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
u091 n~mi
2382
2B07
VIS 95.90
P11CIFIC N"
n.e~!a
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE GRI
FAC06-0012 I E
Reference # (if applicable): N/A
Grantor/Borrower: ELLINGSON CROSSING LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE % SE'/, S25 T2 IN R4E
Assessor's Tax Parcel ID#: 252104-9028
THIS EASEMENT AND AGREEMENT made and entered into this ~ day of
k4 P4 U1-1 I 2007, by and between the City of Auburn, a municipal corporation
of Ki g County, Washington, hereinafter referred to as "CITY" and
ELLINGSON CROSSING LLC hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Ellingson Crossing located at 4025 & 4017 `A' St. SE,
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 document(s) weer: tied for
regoed by Pacific Northwest TMe as
accommodation only, k hes riot been
3xamined ac to proper ixogtftn or
Storm Water Easement and Maintenance Agreement
Page i of 16
HY~.
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.
FAC06-0012, 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 16
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.
Storm Water Easement and Maintenance Agreement
Page 3 of 16
EXECUTED as of the date first written above.
latee~Z
Owner winnka{,~) ljev"Atf- D
Owner
STATE OF WASHINGTON)
) ss
COUNTY OF )
S1.~h1~~~
Date
I certify I have know or have satisfactory evidence that R C'6r y- C r1
is re the person(s) who appeared before me, and
said person(s acknowledged that e he/they signed this instrument on oath stated that
Qe t he/they wa ere authorized to execute the instrument and acknowledge as the
f o
a limited liability compa y, o be the free and vol tart' act of such 0hrty for the uses and
purposes mentioned in the instrument.
Dated
c
~AC'see. 7 Ic'. '
sio
~,)t~ l~~r,
N07ARY , N Notary Public in and for the State of Washington
Residing at ~ Lit re-ff t1 Q
(P PUBLIC 2 My appointment expires
7 6-30-2011 A
\DR WASH~~G
Storm Water Easement and Maintenance Agreement
Page 4 of 16
CITY OF AUBURN
T' arlaw, Storm Drainage Engineer ate
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 9 /9 /07
Q~L \ON
.o ~pTARY mow:
PuBoo _
/ r 2.2a
Notary Public in and for the date of Washington
Residing at a W u +
My appointment expires I 1 / 0
KT/tlb
File: #1074A
REF. H:Development\Projects\Ellingson CrossingTegal Documents
Storm Water Easement and Maintenance Agreement
Page 5 of 16
EXHIBIT "A"
ALL THAT PORTION OF PARCEL 2 OF CITY OF AUBURN LOT LINE
ADJUSTMENT RECORDED UNDER AF# 20060616000926 RECORDS OF
KING COUNTY WASHINGTON LYING IN THE SE 1/4 QUARTER OF THE SE
1/4 QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 4 EAST,
W.M., KING COUNTY, WASHINGTON.
Storm Water Easement and Maintenance Agreement
Page 6 of 16
EXHIBIT "B"
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Storm Water Easement and Maintenance Agreement
Page 7 of 16
EXHIBIT "C"
Stornnwater Pollution Prevention Plan
Ellingson Crossing
FAC-O6-0012
Site Address
The project is located in Section 25. Township 21 north. Range 4 East W.M- in tile
Southeast conner of the intersection of 32"a Street and "C"' in the City of Auburn. The site
address is 3611 A Street SE. Auburn. ty'A 95002. The Tax Parcel Number is 2521049091.
Introduction
This project proposes to develop approximately 2.10 acres of existing, vacant commercial
land. The underlying soils are of an alluv-iurn source. Catch basins and storrn drainage pipes
will be installed within the parking areas to collect and convey rurroff to a detentiornltvetvault
facility located at the southern end of the site. Roof downspouts will be individually
tightlined to the catch basins. A small off-site tributary area exists directly west of the site
Within the railroad right-of-way. Rtunoff quantities from this area are anticipated to be small.
This offsite runoff will be collected at the toe of the project's fill slope, running along the
west property pine. Drainage that collects at the toe of fill will likely infiltrate. During larger
storms slrallow flown could fund its way to the public stone conveyance system alorrg
Ellingson Road Street The off-site area is not considered as part of the vault sizing. After
del elopment. 1.50 acres of the project site, including offsite improvements, is impervious
with the remaining 0.45 peniou acre consisting of lawns and landscaping.
Plan C=oal
The goal of this plan is to maintain the stormwater components in a condition such that they
effectively treat all onfite runoff for water quality by directing flows through a combined
detentiowwetvault. This doctunent provides the guidance needed to inspect and maintain the
facilities in effort to keep them properly ftunctioning.
Preventative BIP's
The following preventative 13NIPs are recommended for the site:
■ The catch basins shall have stenciled next to them "DT-?SIP NO WASTE-DRAI\S
TO STREAM".
Acti~zties that irreolces pollutants shall be done under a coeered area.
Tire parking lot shall be swept as necessary to remove debris.
Storm Water Easement and Maintenance Agreement
Page 8 of 16
Install engineered soil/landscape systems to improve the infiltration and regulation
of storrrrwater in landscaped areas.
Use manual andror mechanical methods of vegetation removal rather than
applying herbicides, where practical.
Choose the least toxic pesticide available that is capable of reducing the infestation
to acceptable levels. The pesticide should readily degrade in the environment
and,''or have properties that strongly bind it to the soil.
Treatment BNIP's
A wetvault oil the south end of the site treats nuloff for conventional pollutants prior to
discharging to the City storm system. The vault is sized based on the 6-mortth='24-hour nnoff
volume of the contributing basin. The detention portion of the vault attenuates flows rates for
up to the 100-year stone event.
Inspection
Inspect the outlet control structure of the detentioniwetvault at least twice a yeu. especially
after periods of heavy runoff. Measure sediment depth at the inlet to the R ervault once per
year. Inspect catch basirrs once per year. Maintenance records must be kept for free (5) years
and available for City Inspector review. A unnuh-try of inspection results shall be recorded on
the inspection log provided below.
Maintenance
To ensure proper water duality treatment, the wervault must be properly rnaintairred. Each
maintenance component of the storruekater system is listed in the table below. This table can
be used as a guide to determine when and how maintenance should be performed. A sturrrnary
of maintenance performed shall be recorded on the inspection log provided below.
Person of Responsibility
Narue: Bob Dobler
Ellingson Crossing„ LLC
Address: 2717 Rockefeller Avenue
Everett WA
Emergency Contact: (425) 212-2210
Person of Responsibility Sid ulhrreiI)ate: _ ~
K -A
Storm Water Easement and Maintenance Agreement
Page 9 of 16
Engineer Preparing Plan
Name: Ed McCarthy. PE. PS
Address: 9957 1"1 St Avenue SE
Renton. WA 98659
Plan and/or Information Updates
The City of Aubmu Utilities section is to review and apps ove any changes to this StorinWater
Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes
in onvnership or person of responsibility are to be reported to the City Utilities Section.
Storm Water Easement and Maintenance Agreement
Page 10 of 16
NO. 1 - CONTROL STRUCTUREIFLOW RESTRICTOR
(includes sediment)
hot,on of o ifice plate is less than 1-1Q
fee*..
Strucaural Damage
Structure Is not securely attached to
Siructure securely attached to
manhole wall and outlet pipe structure
vla4 and outlet pipe.
should support at feast 1,000 Ibs. of up or
down pressure.
Structure is not In uprigint position tallow
Structure in correct position
up to 19% from plumb)
Connections to outlet pipe are not
Connections to outlet pipe are
watertight and show signs of rust,
watertight. structure repaired
or replaced and works as
designed.
Any holes--ether than designed holes--€r?
Structure has no holes other
t9 e structure,
than designed ?ores.
cleanoat Gate Damaged Of 3,,It55ing
Clearv04&'. gate is not Aater fight or is
Sate is waterlgnt and 'works
ni ssing.
as desgned
Gate cannot be moved up and down by
Gate moves up and down
one maintenance person.
easky and s watertight.
Chain leading to gate is missing or
Cam is to puce and vorrs as
damaged
designed.
Gate .s rested over 5G% of its surface
Cate is repaired or replaced to
area
meet design standards.
Orifice Plate Damaged or Missing
Contro; device is not working property
Plate is in piece and works as
due is missing, out of place, or bent
designed-
onfice plate.
Obstructions
Any trash, debris, sediment, or vegetation
Plate is free of all obstructions
blocking +.he state,
and works as designed.
overnew Pipe Ohstnuctlons
Any trash or debris blocking (or having
Pipe is free at art obstruction;
the potential of btockisg} the o9'er°low
and works as designed.
pip,
Storm Water Easement and Maintenance Agreement
Page 11 of 16
NO. 2 - CATCH BASINS
(Includes Sediment)
Trash or debris of more than 112 cubic foot
which is located immediately in front of the
catch basin apereng or is blocking capacky
of the basin by more than 1?'fo
Trash or debris jr, Pre, basin! that exceeds
1 r3 the depth from the bottom of basin to
invert tte lowest pipe info or out of tFe
basil).
Trash or debris Iri any'.nlet or outlet pipe
blocking more Than 113 of its heigrt.
Dead animals or vegetacon that could
generate odors that could cause
comptalnts or dangerous gases teg.,
meillaeet.
Deposits of garbage exceeding 1 cubic
foci in volume
No Trash or debris located
immediately in front of catch
basin opening.
Structure Damage to Corner of frame ee.ends more than 314
Frame and%or Top
inch past curl) face into t1?e street (9f
Slab
applcabte).
Top slab has hales larger than 2 square
inches or cracks wider thaa lid iiach {Want
is to make sure all material is running into
basin)
Frame rot sitting flush on top slab. i e,
separation of more than 3i4 Inca of the
frame from the top slab.
Cracks in Basin
Cracks wider Than 1R Inch and longer than
Nallsl Bat arm
3 feet, any evidence of soli particles
entering catch basin through cracks, or
maintenance person judges that VUCWI
Is unsound.
Cracks wider than ill Each and longer than
i foot at the joint of any?nletr outlet pie or
any evidence of soil particles entering
catch basin through cracks.
Sediment;
Basin has sett,=ed more than 1 inch or has
Masai gnment
rotated more than 2 inches out of
alignment.
No trash or debris In the catch
basin.
Inlet and mdfet pipes free of
trash or debris.
No dead animals or
vegetation present within the
catcrr basin.
No condition present which
wou;d attract or support the
breed€ng of insects or rodents_
Frame is even wnh cur=b.
Top slab is free of rimes and
cracks
Frame is sitting flush on top
all
Basin replaced or repaired to
design awardards.
No cracks more than 1 f1 incn
wide at the joint of inleVouhet
pipe.
Basin replaced or repaired to
desigir standanis.
Storm Water Easement and Maintenance Agreement
Page 12 of 16
NO.2 - CATCH BASINS (CONTINUED)
Eire Hazard
Presence of chemicals such as natural gas,
No flammable chemicals
pit and gasoline.
present.
Vegetation
Vegetation growing across and trucking more
No vegetation blocking
than 10% of the basin opening.
opening to bastrf.
Vegetation growing in imelloutlet pipe joints
No vegetation or root growth
that it more than six inches rail and less than
present.
six inches apart.
Pollution
Nonflammable atrsmoss of more than 112
No pollution present other
cubic twat per three feet of basin length.
than surface film.
Catch Basin
Cover Not in Elace
Cover is missing or or=y partially in place.
Catch basin cover is closed
Cover
Any open catch oasin requires maintenance.
Lcck,ng
Mechanism cannot tie opened by on
Mechanism opens with proper
Mecranism Not
maintenance persort with prope= tools. Bolts
tools.
yvarli ng
Into frame have less than 1;2 Inch of ;bread.
Cover Difrcul: tp
One maintenance person cannot remove lid
Cover can he removed by one
Remove
after applying 80 Ibs. of li€t: tritest is keep
maintenance person.
cover from seating off access to
maintenance.
Laoder
Ladder RVOgs
Ladder is unsafe due to m;ssivg rungs-
LaCcler meets design
Unsafe
rinsalignment, rust cracks. or sharp edges.
standards and allows
maintenance person safe
access.
Metai Grates
Grate vrth opening wider than 718 Inch.
Grate opening meets design
(if Applicable)
standards.
Trash and Debris
Trash and debris that is blocking more Shan
Grate free of trash ana debris.
2D% of grate so,-face.
Damaged or
Grate nVssing or broken mem$Jer(sl of the
Grate is in place and meets
tvlissirg.
grate.
Cesig~? standards -
Storm Water Easement and Maintenance Agreement
Page 13 of 16
NO. 3 - CONVEYANCE PIPES
Sediment & Debris Accumulated sediment that exceeds 20%
Pipe cleaned of all sedimei
of the diameter of the piAa
and debris.
Veccte€atton vegetation €hat reduces free movement
All vegetation removed so
Whaler throc-gh pimes_
water flows freely through
oiftes.
Damaged Protective coating is damaged; rust is
Pipe repa,red or replacedi
causrng more than 5Q% deterioration to
any Dail of pipe -
Any dent tha' decreases the cross sectio?
Pipe repaired o=replaced
area of pipe by more than 20%
NO, 4- WETVAULT
Damaged Pipes
Inlet( outlet piping damaged or lyfoken and
in need of repxr
Access Cover
Cover cannot ne opened or removed,
Damaged! Not
especially by one person.
Working
Vault Structure
Fault - Cracks vrcer TrIa V2-mc>, and any
Dantaged
evidence of sot particles entering the
structure Urrollgh the cracks, or
maintenance!ins➢ectiun persorme!
determiner that the vault 6s not struct~ atiy
Sound
Battles
Baffles corroding, cracking, warping andl or
showing signs of failure as determined by
maintenance! msoectlon staff
Access Ladder
Ladde- is corroded or deteriorated, not
Damage
funcroning properly, missing rungs, has
cracks aadt or misaligned.
Pipe repaired ands or
rep=.aced.
Pipe repaired or repaired to
proper working specrlcations.
No cracks wilder masa I4-mcr
at the joint of the inlet! outlet
pipe Vaun is determined to be
stnicturaliv sound.
Reoalr or Tairiace raffles to
specitications.
Lawler replaced or repaired to
specli, and is safe to
use as determined by
.mipechan personnel.
Storm Water Easement and Maintenance Agreement
Page 14 of 16
Aietvauit Trash, Debris Trash and Debris accumulated in vault, pipe Trash and debris removed
Accumulation or €nket, outlet. (inclurlas floatahles and non- from vault.
floatalyelo.
Sediment Sediment accumulation in vault bosom that Removal of sea,ment from
Accumulation €n eyceeds the depth of the sediment zone vaunt.
Vault plus c"-inches.
INSPECTION t MAINTENANCE CHECKLIST
Structure
Date of Inspecti
on i Maintenance
CB #1
Insp. Results
Maint. Done
CB #2
Insp. Results
Maint. Done
CB #3
Insp. Results
Maint. Dane
CB #3A
Insp. Results
Maint. Done
CB #3B
Insp. Results
Maint. Done
CB #3C
Insp. Results
Maint. Done
CB #3D
Insp. Results
Maint. Done
CB #3E
Insp. Results
Maint. Done
CB #3E
Insp. Results
Maint. Done
Storm Water Easement and Maintenance Agreement
Page 15 of 16
Storm Water Easement and Maintenance Agreement
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