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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" 1PR 7FA R iCl7 KAtt ?'m=' w ry 3 I A 1 P RCEL. 2 t 6I ffiLLI!,7"s~#+ ft4AbltiST'S. ~ ~ ,.uJ ~ 88 ~ 17 P x~x q lkm { ' L CpyaNn EtFh!5 ! ` ~y'OT GLLIYV ✓VIV VI'~Vi-iTii~Si~itiT A PPRIf6N OF r,E El/F 7 TKt 5fl!4 rF BETTTII[[7" ?.w- 21. M.. EGE 4 E,. WA VIR1 d LNG, C^URTY, VA't! 'CN ~3P1 0111 Y RP6.. '3Ji iti (17 J7tCe_A Cvkkra2L,tM WA4 GvCk4.YT, Ma "7.R5 1+85t $"aEaSeAd "cp~YJi.^,M~i 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 Page 16 of 16