HomeMy WebLinkAbout20070919002376 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 081607Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
9002376
93.00
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
OK.n -v.11~F10-1 FAC06-0015 41)*4
Reference # (if applicable):
N/A '
Grantor/Borrower:
SEATTLE MENTAL HEALTH
Grantee/Assignee/Beneficiary:
City of Auburn "d dootffWgQtarW
tr
Legal Description/STR:
SW % S31 T22NR5ErS=dbyPedfieNM#*4w
aso
e8
Assessor's Tax Parcel ID#:
ommodatlon only. tt has
000400-0005
been
es to its affect n or
upon title.
THIS EASEMENT AND AGREEMENT made and entered into this 3 day of
t,,d + , 2007, by and between the City of Auburn, a municipal corporation
o king County, Washington, hereinafter referred to as "CITY" and
SEATTLE MENTAL HEALTH hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Seattle Mental Health Phase 1 Development located
at 4238 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
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
WL:
.f ~ ItO'' L71 1 n
I
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.
FAC06-0015, 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
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.
Authorized Signature Date
Authorized Signature
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
Date
I certify that I know or have satisfactory evidence that 1 Ru Ens eit hw-u £-e-
and
are the persok who appeared before me, and said person acknowledged that tkeLy-signed
this instrument, on oath stated thatrthey'were authorized to execute the instrument and
acknowledged it as the ~t' WAS CF O
and of 6EA-+1 I t M En (e ++%+•h
a corporation, to be the free and voluntary act of such parties for the uses and purposes
mentioned in this instrument.
Dated S) / / b /p 9-
.
EXY
y s.
~:o
PV9
/~h4~';q TE OF
Notary Public
Residing at
My appointment
CITY OF AUBURN
=G'L- 8/Z3/d
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 61 L~ Ad 7
kA L 96~ d1,t=
Notary Public-u,-or the State &f Was]
Residing at U ,
My appointment expires I t t o
KT\tlb
File: #1098A
REF. H:Development\Projects\Seattle Mental Health\Legal Documents
EXHIBIT "A"
REVISED PARCEL DESCRIPTION
THAT PORTION OF THE SOUTH 261.36 FEET OF THE NORTH 522.72 FEET
OF THE EAST 698.64 FEET OF THE DONATION LAND CLAIM OF THE HEIRS
OF LAW OF HARVEY H. JONES AND HIS WIFE, ELIZA JANE JONES, BOTH
DECEASED, DESIGNATED AS CLAIM NO. 39, BEING PART OF THE
SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE EAST
LINE OF AUBURN WAY AS ESTABLISHED BY DEED RECORDED OCTOBER 31,
1979 UNDER RECORDING NO. 7910311137, RECORDS OF KING COUNTY,
WASHINGTON.
EXCEPT THE EAST 33.50 FEET THEREOF.
CONTAINING AN AREA OF 171,918 SQUARE FEET, OR 3.9467 ACRES,
MORE OR LESS.
SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON.
CB RICHARD ELLIS
SEATTLE MENTAL HEALTH, AUBURN
JOHANN G. WASSERMANN, P.L.S.
BRH JOB NO. 2005286.03
AUGUST 14, 2007
BUSH, ROED & HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206) 323-4144
EXHIBIT "B"
1
P ,yidW
r
~ 3i
~
b u
5
z
T
~
L
l
l
G
•aasrv
O ur
u
C
i
~I
n
5'n
Z W LQN dYM ha ew 8£Zb
d~z ❑3 1111 rlli~id itl5YA5Y~
i33ais 3anin-4
I5 ~'~6'3Y C 26136_
"
T+i~~µ
IN
IS .1.
M1 t N
~ c n
4: 3 4
~i
x ry F
4
f
IJ m
'
M
3fy
t
ps
o
F
'
,
s
in, 5;
zl'g
IA
_
fl] Z 2
Yl
c~ -
8-
w
4 M1
~
J
er `
z
F t~
W
x
~
t
'3
a <
•
[ 0
3
°z
T~
`
w < s `S1'
L
~ a
~ ~
r ~ x m
q
ap
Vi
~j
O~
~I
[
O
F.
-
S [0'96'32 E 2&+.56 '
-
HIWM AYM NWWW
EXHIBIT "C"
STORMWATER POLLUTION PREVENTION PLAN
for the
SEATTLE MENTAL HEALTH DEVELOPMENT
SEPA# SEP01-0007
FAC# FAC06-0015
Site Address: 4238 AUBURN WAY NORTH, AUBURN, WA
The project is located in SW 1/4, Section 31, Township 22 North, Range
East, W.M. at 4238 Auburn Way North. The Tax Parcel # 000400-0005.
Introduction:
This stormwater pollution prevention plan has been prepared to address
the City of Auburn's site development and storm drainage requirements for
the proposed Seattle Mental Health Development located at 4238 Auburn
Way North. The site has an area of approximately 4.15 acres and is
currently vacant. The site was previously cleared & filled under C.O.A.
GRA01-0012. The site will be developed in (2) phases with the current
Phase 1 proposing two commercial buildings constructed along with a
storm water detention pipe and an Aqua -Swirl AS-3 concentrator for water
quality treatment on the West 472 feet or 2.83 acres. Existing utilities are
located on or near the site and do not require any major extensions and
only minor work in the R.O.W. Access will be from Auburn Way North.
The eastern portion of the site is proposed to remain undisturbed and in the
current condition
The subject site is vacant, and the West 472 feet will be developed with two
commercial buildings and paved parking stalls and associated driveways.
The proposed development is not expected to generate any unusual
pollution. A 49" x33" CMP Arch Pipe tank system will provide underground
storm water detention and a Model AS-3 Aqua-Swirl Concentrator will
provide water quality control for storm runoff from the site.
According to the City of Auburn's Construction Standards for storm water
management, the city requires storm water quantity and quality control for
all proposed developments. We have proposed to collect all of the storm
water runoff from the landscaping, buildings and pavement areas in a
series of catch basins.
This water will be conveyed by storm drainage pipe to the storm drainage
detention pipe located under the parking lot, thru a flow control structure
and to the Aqua-Swirl. The water will then be released through a 15" pipe
connected to the existing SDMH V12 in Auburn Way North and conveyed
North in the 24" storm line. Should overflow occur the water would flow
over the driveway and enter the existing storm drainage system in Auburn
Way.
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 GROUND. 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, retention
storage pipes, and Aqua-Swirl 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
No. 3 - Closed Detention Systems
No. 4 - Control Structure/Flow Restrictor
No. 5 - Catch Basins
(Department of Ecology Storm Water Manual, August 2001).
Treatment BMP'S
An Aqua-Swirl AS-3 has been installed to treat runoff for conventional
pollutants. The Aqua-Swirl was designed to treat 1.8cfs. In actuality the
Aqua-Swirl will treat 100% of the 100 year storm peak flow of 1.66cfs and
provide over 80%TSS removal. In addition, the detention tank was
designed to detain the volume created from releasing half the existing 2-
year, 10, 25, and 100-year storm events, while holding the developed 2-
year, 10, 25, and 100-year storm volumes.
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 seasonal 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 stormwater retention
trench, catch basins, pipes and Aqua-Swirl 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:
Seattle Mental Health
Paul Eisenhauer
1600 East Olive Street
Seattle, WA 98121
Phone: (206) 302-2200
Design Engineer:
Poe Engineering, Inc.
1314 - 8th Street NE, Suite 201
Auburn, WA 98002
Phone: (253) 833-4052
Plan and / or Information Updates:
The City of Auburn Utilities Section is to review and approve any changes
to this stormwater 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 Utilities Sections.
(Changes to ownership shall be reported to the City of Auburn's Utilities
Section.)
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
DATE OF INSPECTION/MAINTENANCE
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Aqua-Swirl
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
Detention Pipe
Inspection
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
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.
Storm Water Easement and Maintenance Agreement
Page 10 of 14
No. 3 - Closed Detention Systems (Pipes)
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected
Component
When Maintenance is
Performed
Storage Area
Plugged Air Vents
One-half of the cross section of a vent is
Vents open and
blocked at any point or the vent is damaged.
functioning.
Debris and Sediment
Accumulated sediment depth exceeds 10%
All sediment and
of the diameter of the storage area for 1/2
debris removed from
length of storage vault or any point depth
storage area.
exceeds 15% of diameter.
(Example: 72-inch storage tank would
require cleaning when sediment reaches
depth of 7 inches for more than 1/2 length of
tank.)
Joints Between
Any openings or voids allowing material to
All joint between
Tank/Pipe Section
be transported into facility.
tank/pipe sections
are sealed.
(Will require engineering analysis to
determine structural stability).
Tank Pipe Bent Out
Any part of tank/pipe is bent out of shape
Tank/pipe repaired or
of Shape
more than 10% of its design shape. (Review
replaced to design.
required by engineer to determine structural
stability).
Vault Structure
Cracks wider than 1/2-inch and any
Vault replaced or
Includes Cracks in
evidence of soil particles entering the
repaired to design
Wall, Bottom,
structure through the cracks, or
specifications and is
Damage to Frame
maintenance/inspection personnel
structurally sound.
and/or Top Slab
determines that the vault is not structurally
sound.
Cracks wider than 1/2-inch at the joint of
No cracks more than
any inlet/outlet pipe or any evidence of soil
1/4-inch wide at the
particles entering the vault through the
joint of the inlet/outlet
walls.
pipe.
Manhole
Cover Not in Place
Cover is missing or only partially in place.
Manhole is closed.
Any open manhole requires maintenance.
Locking Mechanism
Mechanism cannot be opened by one
Mechanism opens
Not Working
maintenance person with proper tools.
with proper tools.
Bolts into frame have less than 1/2 inch of
thread (may not apply to self-locking lids).
Cover Difficult to
One maintenance person cannot remove lid
Cover can be
Remove
after applying normal lifting pressure. Intent
removed and
is to keep cover from sealing off access to
reinstalled by one
maintenance.
maintenance person.
Ladder Rungs Unsafe
Ladder is unsafe due to missing rungs,
Ladder meets design
misalignment, not securely attached to
standards. Allows
structure wall, rust, or cracks.
maintenance person
safe access.
Catch Basins
See "Catch Basins"
See "Catch Basins" (No. 5).
See "Catch Basins"
(No. 5)
(No. 5).
Storm Water Easement and Maintenance Agreement
Page 11 of 14
No. 4 - Control Structure/Flow Restrictor
Maintenance
Defect
Condition When Maintenance is Needed
Results Expected
Component
When Maintenance
is Performed
General
Trash and Debris
Material exceeds 25% of sump depth or 1
Control structure
(Includes Sediment)
foot below orifice plate.
orifice is not blocked.
All trash and debris
removed.
Structural Damage
Structure is not securely attached to
Structure securely
manhole wall.
attached to wall and
outlet pipe.
Structure is not in upright position (allow up
Structure in correct
to 10% from plumb).
position.
Connections to outlet pipe are not watertight
Connections to outlet
and show signs of rust.
pipe are watertight;
structure repaired or
replaced and works
as designed.
Any holes--other than designed holes--in
Structure has no
the structure.
holes other than
designed holes.
Cleanout Gate
Damaged or Missing
Cleanout gate is not watertight or is missing.
Gate is watertight
and works as
designed.
Gate cannot be moved up and down by one
Gate moves up and
maintenance person.
down easily and is
watertight.
Chain/rod leading to gate is missing or
Chain is in place and
damaged.
works as designed.
Gate is rusted over 50% of its surface area.
Gate is repaired or
replaced to meet
design standards.
Orifice Plate
Damaged or Missing
Control device is not working properly due
Plate is in place and
to missing, out of place, or bent orifice plate.
works as designed.
Obstructions
Any trash, debris, sediment, or vegetation
Plate is free of all
blocking the plate.
obstructions and
works as designed.
Overflow Pipe
Obstructions
Any trash or debris blocking (or having the
Pipe is free of all
potential of blocking) the overflow pipe.
obstructions and
works as designed.
Manhole
See "Closed
See "Closed Detention Systems" (No. 3).
See "Closed
Detention Systems"
Detention Systems'
(No. 3).
(No. 3).
Catch Basin
See "Catch Basins"
See "Catch Basins" (No. 5).
See "Catch Basins"
(No. 5).
(No. 5).
Storm Water Easement and Maintenance Agreement
Page 12 of 14
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance is
performed
General
Trash &
Trash or debris which is located immediately
No Trash or debris
Debris
in front of the catch basin opening or is
located immediately in
blocking inletting capacity of the basin by
front of catch basin or on
more than 10%.
grate opening.
Trash or debris (in the basin) that exceeds 60
No trash or debris in the
percent of the sump depth as measured from
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 free
blocking more than 1/3 of its height.
of trash or debris.
Dead animals or vegetation that could
No dead animals or
generate odors that could cause complaints
vegetation present within
or dangerous gases (e.g., methane).
the catch basin.
Sediment
Sediment (in the basin) that exceeds 60
No sediment in the catch
percent of the sump depth as measured from
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 6 inches clearance
from the sediment surface to the invert of the
lowest pipe.
Structure
Top slab has holes larger than 2 square
Top slab is free of holes
Damage to
inches or cracks wider than 1/4 inch
and cracks.
Frame and/or
Top Slab
(Intent is to make sure no material is running
into basin).
Frame not sitting flush on top slab, i.e.,
Frame is sitting flush on
separation of more than 3/4 inch of the frame
the riser rings or top slab
from the top slab. Frame not securely
and firmly attached.
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
Pipe is regrouted and
than 1/2 inch and longer than 1 foot at the
secure at basin wall.
joint of any inlet/outlet pipe or any evidence
of soil particles entering catch basin through
cracks.
Settlement/
If failure of basin has created a safety,
Basin replaced or
Misalignment
function, or design problem.
repaired to design
standards.
Vegetation
Vegetation growing across and blocking
No vegetation blocking
more than 10% of the basin opening.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 13 of 14
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance is
performed
Vegetation growing in inlet/outlet pipe joints
No vegetation or root
that is more than six inches tall and less than
growth present.
six 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.
Catch basin cover is
Cover
Place
Any 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
Cover can be removed by
to Remove
after applying normal lifting pressure.
one maintenance person.
(Intent is keep cover from sealing off access
to maintenance.)
Ladder
Ladder Rungs
Ladder is unsafe due to missing rungs, not
Ladder meets design
Unsafe
securely attached to basin wall,
standards and allows
misalignment, 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
Grate free of trash and
Debris
20% of grate surface inletting capacity.
debris.
Damaged or
Grate missing or broken member(s) of the
Grate is in place and
Missing.
grate.
meets design standards.
Storm Water Easement and Maintenance Agreement
Page 14 of 14