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
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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