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HomeMy WebLinkAbout20070126001299 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 092106Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordine information. ism STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC05-0012 Reference # (if applicable): N/A Grantor/Borrower: Crown Industries LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE % 36-22N-04E Assessor's Tax Parcel ID#: 936000-0160 QQ THIS EASEMENT AND AGREEMENT made and entered into this -21/Vday of 2006, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Crown Industries LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Crown Building located at 104 49`h Street NW, Auburn, Washington, 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) Were food for reG0rd by Pacific Northwest Tate re accommodation only. it has rat been exatnined as to proper exeou*m or Storm Water Easement and Maintenance Agreement Page 1 of 15 '~OTO~ UV-ED 117, 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" 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. FAC05-0012, 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" 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 "B" 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 15 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 f12 //0 Owner Date Own Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certt av know or have satisfactory evidence that ~Uwp f~ !~j r Q J sw is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she hey was/were authorized to exec t}~e~ the instrume t a acknowledge as the #-07,.5 of (iKD(vr~ G~c LL-C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated q'.21-OL t. r r,'%~ ~nld • S Notary Public h d for he State of Washington ~q Residing atQ G o a. My appointment expires U41 141~ Storm Water Easement and Maintenance Agreement Page 3 of 15 CITY OF AUBURN '7- zJ--a/~ -'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 9./as-lob o~L B•"~~h ~P lot ~010ty 1 1 A9umi : Notary Publicand for the SJ,ate of Washington "~18Lt c Residing at I cs l cy unr y-~/ X WA... My appointment expires 19 o a 04 KT/tlb File: 1051 REF. H:DevelopmentTormsTegal Documents\2006 Storm Water Easement and Maintenance Agreement Page 4 of 15 EXHIBIT "A" LEGAL DESCRIPTION Tract 26 of Whig River Valley Fiume Tracts, as per plat recorded in Volume B of Plats, Page 17, records of King County Auditor.. except the West One Acre thereof; and except the east 1)0.5(1 feet thereof All lying the Southeast quarter of Section 36, Towwihip 22 North, Range 4 Past (if the Willamette Meridian, City of Auburn, County of King, State of Washington. Storm Water Easement and Maintenance Agreement Page 5 of 15 EXHIBIT "B" STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for CROWN BUILDING SEPA NO. SEP05-0014 FAC NO. FAC05-0012 Site Address: The project is located in the NE '/4 of the SE of Section 36, Township 22N, Range 4E, W.M., at 49th Street NW and "B" Street NW. The tax parcel number is 9360000160. Introduction: This storm drainage technical information report has been prepared to address the City of Auburn's site development and storm drainage requirements for the proposed Crown Building located at 49th Street NW and "B" Street NW. The site has an area of approximately 1.07 acres and is currently an abandoned residence with sidewalk along 49th Street on the north end of the property. The subject site will be developed as an office building. The subject site will consist of 21,000 SF structure with 14,827 SF parking lot. 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. This runoff from the roof drains will be conveyed by storm drainage pipe to a storm water detention vault consisting of 2-36" diameter pipe runs of 110 LF each located on the north side of the property. The runoff from the parking lot will be directed to a wet vault. Both detention facilities are routed to a 48" catch basin. Here the storm water will be released into 12" proposed storm drainage line running to the west connecting into the existing catch basin #AA55 at the corner or 49th Street NW and "B" Street NW. Storm Water Easement and Maintenance Agreement Page 6 of 15 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 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 1-425-649-7000. The catch basins, detention/wet vault, and control structures 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 (from the Department of Ecology Storm Water Manual, August 2001) No. 3 - Closed Detention Systems No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins No. 12 - Wet vaults Treatment BMP'S: A wet vault collecting the parking lot runoff has been installed to treat runoff for conventional pollutants. The wet vault was designed to treat 64% of the 2-year storm event (water quality storm) for water quality treatment. In addition, the detention vault 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. 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 of Auburn Storm Drainage Utility section. Storm Water Easement and Maintenance Agreement Page 7 of 15 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 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 wet vault 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. Persons of Responsibility: Doug Kirby 4826 "B" Street NW Suite #101 Auburn, WA 98001 (253) 859-2000 Jeff Este~p 309 - 49T Street NE Auburn WA 98002 (253) 824-4443 Design Engineer: Brandon Smith, P.E. convenience PacWest Engineering 5009 Pacific Highway E, Unit 9-0 Fife, WA 98424 (253) 926-3400 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 8 of 15 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE GATE OF IN SPECTION/MAI NTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Storm Detention/ Inspection Wet vault Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 15 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 15 No. 3 - Closed Detention Systems (Tanks/Vaults) 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. replaced to design. (Review 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 inlettoutlet 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 One maintenance person with proper tools Mechanism opens Not Working cannot open mechanism. Bolts into frame with proper tools. 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 15 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 the Structure has no 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. One maintenance person cannot move up Gate moves up and and down gate. 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 15 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 separations of more than 3/4 inch of the the riser rings or top slab frame 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 15 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 One maintenance person to Remove after applying normal lifting pressure. can remove cover. (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 15 No. 12 - Wetvaults Maintenance Defect Condition When Maintenance Results Expected When Component is Needed Maintenance is Performed General Trash/Debris Trash and debris accumulated Remove trash and debris from vault. Accumulation in vault, pipe or inlet/outlet (includes floatables and non- floatables). Sediment Sediment accumulation in vault Remove sediment from vault. Accumulation in bottom exceeds the depth of Vault the sediment zone plus 6- inches. Damaged Pipes Inlet/outlet piping damaged or Pipe repaired and/or replaced. broken and in need of repair. Access Cover Cover cannot be opened or Pipe repaired or replaced to proper Damaged/Not removed, especially by one working specifications. Working person. Ventilation Ventilation area blocked or Blocking material removed or cleared plugged. from ventilation area. A specified % of the vault surface area must provide ventilation to the vault interior (see design specifications). Vault Structure Maintenance/inspection Vault replaced or repairs made so Damage - personnel determine that the that vault meets design specifications Includes Cracks vault is not structurally sound. and is structurally sound. in Walls Bottom, Damage to Frame and/or Top Slab Cracks wider than 112-inch at Vault repaired so that no cracks exist the joint of any inlet/outlet pipe wider than 1/4-inch at the joint of the or evidence of soil particles inlet/outlet pipe. entering through the cracks. Baffles Baffles corroding, cracking, Baffles repaired or replaced to warping and/or showing signs specifications. of failure as determined by maintenance/inspection staff. Access Ladder Ladder is corroded or Ladder replaced or repaired to Damage deteriorated, not functioning specifications, and is safe to use as properly, not attached to determined by inspection personnel. structure wall, missing rungs, Replace sign warning of confined has cracks and/or misaligned. space entry requirements. Ladder Confined space warning sign and entry notification complies with missing. OSHA standards. Storm Water Easement and Maintenance Agreement Page 15 of 15