Loading...
HomeMy WebLinkAbout20090923000638 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 082509Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 x/4'4' 441• PACIFIC NW TIT EAS 78.00 PAGE-001 OF 017 09/23/2009 11:34 KING COUNTY, WA EXCISE TAX NOT REQUIRED lane Co. Rowrds Divi Deputy Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRA08-0038 `A'Fr i l dW'r;i l Reference # (if applicable): N/A r~ Grantor/Borrower: Thai & Audrey Nguyen Grantee/Assignee/Beneficiary: City of Auburn LegalDescription/STR: ' SW%4S21-T21N-R5 Assessor s Tax Parcel ID#: 212105-9068 r 1 THIS EASEMENT AND AGREEMENT made and entered into this day of 1 a to S f' , 2009, by and between the City of Auburn, a municipal corporation of Ki County, Washington, hereinafter referred to as "CITY" and Thai and Audrey Nguyen hereinafter referred to as "PROPERTY OWNERS". WHEREAS, PROPERTY OWNERS have applied for certain permits with the CITY for the construction of facilities for Auburn Office Building located at 3415 Auburn Way South, which create impervious surface; and WHEREAS, the PROPERTY OWNERS will complete a storm system; and WHEREAS, the PROPERTY OWNERS 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 Storm Water Easement and Maintenance Agreement Page 1 of 17 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 OWNERS hereby provide 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. GRA08-0038, 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. Storm Water Easement and Maintenance Agreement Page 2 of 17 Section 3, MAINTENANCE The PROPERTY OWNERS agree 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 OWNERS do hereby agree that the CITY may enter onto the property of the PROPERTY OWNERS via the easement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNERS are given 30 days written notice to maintain, the PROPERTY OWNERS fail to maintain. Further, the PROPERTY OWNERS agree the CITY may enter onto the property of PROPERTY OWNERS via the easement described above to perform emergency maintenance in the event of the storm system's failure which might result in adverse impacts on public facilities or private facilities of other property owners. In both events the PROPERTY OWNERS agree 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 OWNERS agree to pay reasonable attorney's fees and all costs incurred by the CITY. Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS PROPERTY OWNERS acknowledge 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 17 EXECUTED as of the date first written above. CITY OF AUBURN 1m Carlaw, 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 'S' 00"MU44111, L' 0 Notary Publi,-i and for the -4i s + Residing at r Cs F r = My appointment expires- y'v 'r O - Storm Water Easement and Maintenance Agreement Page 4 of 17 Ow er 7f/fj)' NG"WS/t/ Date hl,- $ L,2~10 J Owner ,AUp2C Y NCGW, 6W ' Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify hat I know or have satisfactory evidence that i AA-T- ~-A4I-f lJ&6;-f ll and Aii~ae--f' 1A?J~ rUm uke+y i r h erson(s) who appeared before me, and said individual(s) nowledged that he/she igned this instrument and acknowledged it to be his/he( eir free and voluntary act for the uses and purposes mentioned in this instrument. Dated A y`,~tT ? I t 2004 MICHAEL J. SACHWITZ NOTARY PUBLIC STATE OF WASHINGTON COMMISSION VMS HS\tlb File: #1247 t~ t G ~/i4t L ~j 4-L r t d, r Notary Public in and or the State c Washington Residing at TV-4tg U)t}- My appointment expires !~Lyta--( I Q Zd 13 Stone Water Easement and Maintenance Agreement Page 5 of 17 EXHIBIT A LEGAL DESCRIPTION THE NORTH 225 FEET OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINTION; EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Storm Water Easement and Maintenance Agreement Page 6 of 17 EXHIBIT B AUSUM WAY 80UfH z ~ r-' BUBLDINO PAR0ELl2I2 05-9068 FM Fort Job Number AUBURN COMMERCIAL/ 13368 AGHA(j 18215 AVENUE SQM DENTAL BUILDING . ENT, WA 90032 13369L~i.DOC _ 5)251-5222 {42 (425)231-8752 FAX YlB' Sheet CIVIL ENGINEERING, !AND PLANNING, SURVEYING, SITE PLAN 1 ~ ENVIRONMENT& SERVICES _ of ' ed Omwn Checked Tmwvved Date - - Storm Water Easement and Maintenance Agreement Page 7 of 17 EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for AUBURN OFFICE BUILDING GRA08-0038 Site Address: The project is located in the SW'/< of Section 21, Township 21, Range 05 East, W.M., 3415 Auburn Way South. The tax parcel number is 2121059068 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 Auburn Commercial/Dental Building located at 3415 Auburn Way South. The site has an area of approximately 0.728 acres and is currently undeveloped. The subject site will be developed into a commercial/dental building. The subject site will consist of a single commercial/dental building with associated parking for automobiles. The site will be served by public sanitary sewer, water main and a private storm system including an underground storm retention system. 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 water will be conveyed by storm drainage pipe to a storm water quality manhole and into an underground retention system located on the northern side of the site along Auburn Way South. Here the storm water will infiltrate into the ground. Storm Water Easement and Maintenance Agreement Page 8 of 17 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 system, 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. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins StormTech Isolator Row and infiltration chambers Continuous Deflective Separation (CDS) Unit Treatment BMP'S: A water quality manhole containing a Continuous Deflective Separation (CDS) unit has been installed to treat runoff for conventional pollutants. The water quality manhole was designed to treat 64% of the 2-year storm event (water quality storm) for water quality treatment. In addition, the retention system was designed to retain the volume created from the developed 2-year, 10, 25, and 100-year storm events plus a 1.5 factor of safety. 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. Stone Water Easement and Maintenance Agreement Page 9 of 17 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 water quality manhole 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: Thai Nguyen 3415 Auburn Way South Auburn, WA 98092 253/272-6242 Design Engineer: Barghausen Consulting Engineers, Inc. 1821572 nd Avenue South Kent, WA 98032 425/251-6222 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 10 of 17 INSPECTION/MAINTENANCE CHECKLIST rffpHtJHiVH,idrr'~itttti~t k t Fc STRUCTURE I 6 00" ~r M t FT trl 01 R CRti~ H RM l 9 ..~U n " c _ I ' Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done StormTech Inspection Retention System Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Water Quality Inspection Manhole - CDS Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 11 of 17 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 12 of 17 No. 4 - Control Structure/Flow Restrictor Maintenance Defect Condition When Maintenance is Results Expected Component Needed When Maintenance 'is Performed General Trash and Debris Material exceeds 25% of sump depth or Control structure orifice (Includes Sediment) 1 foot below orifice plate. 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 Structure in correct up to 10% from plumb). position. Connections to outlet pipe are not Connections to outlet watertight 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 holes the structure. other than designed holes. Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is Gate is watertight and missing. works as designed. One maintenance person cannot move Gate moves up and up and down gate. down easily and is watertight. Chainlrod leading to gale is missing or Chain is in place and damaged. works as designed. Gate is rusted over 50% of its surface Gate is repaired or area. replaced to meet design standards. Orifice Plate Damaged or Missing Control device is not working properly Plate is in place and due to missing, out of place, or bent works as designed. orifice plate. Obstructions Any trash, debris, sediment, or Plate is free of all vegetation blocking the plate. obstructions and works as designed. Overflow Pipe Obstructions Any trash or debris blocking (or having Pipe is free of all the potential of blocking) the overflow obstructions and works pipe. as designed. Manhole See "Closed See "Closed Detention Systems" (No. See "Closed Detention Detention Systems" 3). Systems" (No. 3). (No. 3). Catch Basin See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. (I 5). 5). Storm Water Easement and Maintenance Agreement Page 13 of 17 No.5-Catch Basins Maintenance Defect Conditions When Maintenance Is Needed Resuttti! Expected Component When 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 more than 10%. on 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 blocking more than 1/3 of its height. free of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present or dangerous gases (e.g., methane). within the catch basin. Sediment Sediment (in the basin) that exceeds 60 No sediment 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 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 frame from the top slab. Frame not securely slab 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. Storm Water Easement and Maintenance Agreement Page 14 of 17 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed, Results Expected Component When Maintenance Is performed Vegetation Vegetation growing across and blocking more No vegetation blocking than 10% of the basin opening. opening to basin. 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 to Remove after applying normal lifting pressure. person can remove (Intent is keep cover from sealing off access cover. to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, misalignment, standards and allows rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wader 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 15 of 17 StormTech Isolator Row Step 1: Inspect Isolator Row for sediment A. Inspection ports (if present) i. Remove lid from floor box frame ii. Remove cap from inspection riser iii. Using a flashlight and stadia rod, measure depth of sediment and record results on maintenance log. iv. If sediment is at or above 3 inch depth, proceed to Step 2. If not, proceed to Step 3. B. All Isolator Rows i. Remove cover from manhole at upstream end of Isolator Row ii. Using a flashlight, inspect down Isolator Row through outlet pipe 1. Mirrors on poles or cameras may be used to avoid a confined space entry 2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches) proceed to Step 2. If not proceed to Step 3. Step 2: Clean out Isolator Row using the JetVac process A. A fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B. Apply multiple passes of JetVac until back flush water is clean C. Vacuum manhole sump as required Step 3: Replace all caps, lids and covers, record observations and actions Step 4: Inspect & clean basins and manholes upstream of the StormTech system Additional notes: A. Inspect every 6 months during the first year of operation. Adjust the inspection interval based on previous observations of sediment accumulation and high water elevations. B. Conduct jetting and vactoring only when inspection show that maintenance is necessary Storm Water Easement and Maintenance Agreement Page 16 of 17 Continuous Deflective Separation Unit The CDS unit should typically be pumped down once a year and a thorough inspection of the separation chamber (inlet/cylinder and separation screen) and oil baffle performed. The unit's internal components should not show any signs of damage or any loosening of the bolts used to fasten the various components to the manhole structure and to each other. Ideally, the screen should be power washed during the maintenance. If any of the internal components are damaged or if any fasteners appear to be damaged or missing, please contact CONTECH Stormwater Solutions, Inc. to make arrangement to have the damaged items repaired or replaced: CONTECH Stormwater Solutions, Inc. Phone, Toll Free: (800) 548-4667 ex 157 Direct (707) 987-8500 Fax: (800) 561-1271 The screen assembly is fabricated from Type 316 stainless steel and fastened with Type 316 stainless steel fasteners that are easily removed and/or replaced with conventional hand tools. The damaged screen assembly should be replaced with the new screen assembly placed in the same orientation as the one that was removed. Storm Water Easement and Maintenance Agreement Page 17 of 17