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