HomeMy WebLinkAbout20090814001436 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 060409Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for
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STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC08-0017
Reference # (if applicable): N/A
Grantor/Borrower: Andrey Ivantsov and Nadva Ivantsov
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SEl/4 S13 T21N R04E
Assessor's Tax Parcel ID#: 132104-9046
THIS EASEMENT AND AGREEMENT made and entered into this A- day of
w r _ , 2009, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Andrey Ivantsov and
Nadva Ivantsov hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Marvel Food and Deli located at 615 `C' Street SW ,
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
Storm Water Easement and Maintenance Agreement
Page I of 17
Deputy
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" & "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.
FAC08-0017, 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 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.
Storm Water Easement and Maintenance Agreement
Page 3 of 17
EXECUTED as of the date first written above.
CITY OF AUBURN
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 (-r, I ti 1 01)
tt4. OF
l
Notary Public for tl
Residing at t ~g
My appointment expires_
Storm Water Easement and Maintenance Agreement
Page 4 of 17
I , ~f"e'yl&
er` D to
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that (V- P-r" Z i f-SgY
and N M)yr~ r-f av is/are the person(s) o appeared before me,
and said individual(s) acknowledged that he/she/they signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated 19 1 O
BAD
yy L ;
z , Notary Public in and for the State of Washing on
tp use` ~s A-Z = Residing at
i~~/ 9p' nal j9„• x~a0 ` My appointment expires I i ~
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File: # 1234
REF. H:\Development\Projects\Marvel Food & Deli\FAC08-0017 - Marvel Food & Deli - 41234\
Legal Documents\StormDrainandMtncAgr2009.DOC
Storm Water Easement and Maintenance Agreement
Page 5 of 17
EXHIBIT 'A'
STORM DRAINAGE EASEMENT DESCRIPTION,
THAT PORTION OF THE PARCEL DESCRIBED ON EXHIBIT 'A" OF STATUTORY WARRANTY DEED UNDER KING COUNTY RECORDING
NO. 20071130002606, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF THE AFOREDESCRIBED PARCEL; THENCE ALONG THE EAST LINE THEREOF,
N00'58'57'W 34.50'; THENCE CONTINUING ALONG SAID EAST LINE, N0316'23'W 16.20' TO THE POINT OF BEGINNING OF THIS
EASEMENT DESCRIPTION; THENCE S86'43'37'W 17.13'; THENCE S61'44'50'W 83.20'; THENCE N87'41'49'W 243.04'; THENCE
N0218'11'E 15.00'; THENCE S87'41'49°E 238.95'; THENCE N61'450'E 71.86'; THENCE N49'53'10'W 74.50'; THENCE
N87'2S41'W 239.20'; THENCE N02'36'19'E 15.00; THENCE S8723'41'E 244.30'; THENCE S49'53'10'E 81.69'; THENCE
N86'43'37'E 18.20' TO A POINT ON SAID EAST LINE OF THE AFOREDESCRIBED PARCEL; THENCE ALONG SAID EAST UNE
THEREOF, S03'I6'23'E 20.00' TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
~2 'Qcl PARCEL NO. 1321049046
Job y 5547
I P J jai Scale: N/A
Date: 5-29-2009
Drawn by. JHC
n Rd. E. Checked by AER JR.
10305 Canyo
MV
Puyallup, WA 98373 Drawing name: 5547EASE-ST
(253)845-0048 Field Book: 361
Sheet of
Storm Water Easement and Maintenance Agreement
Page 6 of 17
EXHIBIT 'B'
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BASIS OF BEARINGS:
KING COUNTY R.O.S. 9212099007
PARCEL NO. 1321049046
Job k 5547
j/
`V'&'0 J. 1 1 it
s4s ~0 10305 Canyon Rd. E.
rEtzE° JQ~` Puyallup, WA 98373
LAND`' (253)845-0048
Scale: 1" = 50' 1
Date: 6-2-2009
Drawn by. JHC
Checked by. AER JR.
Drawing name: 5547EASE-ST
Meld Book: 361
Sheet of
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
For the
Marvel Food & Deli
SEPA NO.
SEP08-0004
FAC NO.
FAC08-0017
GRA NO.
GRA08-0004
Site Address:
The project is located in SE'/4 Section 13-Township 21- 4 East, W.M., at
615 "C" Street SW, Auburn, WA 98001. The tax parcel number is:
1321049046.
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 Marvel Food and Deli located at
615 "C" Street SW, Auburn, WA 98001. The site has an area of
approximately 1.0 acres and is currently use as a Veteran's of Foreign
Wars hall with asphalt and gravel parking, and on-site sewage disposal.
The subject site will be redeveloped into a Food Store and Deli.
The subject site has an existing 4,664sf building and 0.29 acres of asphalt
parking and 0.6 acres of gravel parking. The site is flat and the soils are
Oridia Silt loams per the SCS Soil Map. Oridia Soils are Class "C" Soils.
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 detention tank located under the parking lot. Here the storm
water will be released into Stormceptor STC450i for water quality treatment
after flowing through the Control structure orifices. A new 12 inch culvert
will take the storm water across "C" Street SW to the existing 21" concrete
storm drain on the east side of "C" Street SW. This system flows directly
into the public system located in "C" Street SW and Highway 18.
Storm Water Easement and Maintenance Agreement
Page 9 of 18
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/wetpond, 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 - Detention Tank
No. 4 - Control Structure/Flow Restrictor
No. 5 - Catch Basins
Treatment BMP'S:
A Stormceptor STC450i has been installed to treat runoff for conventional
pollutants. The Stormceptor was designed to treat 64% of the 2-year storm
event (water quality storm) for water quality treatment. The Stormceptor
actually treats the entire 100 year flow with a TSS removal rate of 93%. 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.
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 10 of 18
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 detention tank and
Stormceptor 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:
Andrey Ivantsov
615 "C" Street SW
Auburn, WA 98001
Phone: 253-887-8181
Design Engineer:
Benjamin P. Anstey, P.E.
Anstey Engineering
8627 NE 180th Street
Bothell, WA 98011
Phone: 206-303-7639
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 I I of 18
INSPECTION/MAINTENANCE CHECKLIST
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Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Storm Detention
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
1
Results
-
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
Stormceptor Inspection
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 12 of 18
Maintenance Standards for Drainage Facilities:
No. 3 - Closed Detention Systems (TanksNaults)
Maintenance
Defect
Conditions When Maintenance is Needed
Results
Component
Expected
When
Maintenance
is Performed
Storage Area
Plugged Air Vents
One-half of the cross section of a vent is
Vents open
blocked at any point or the vent is damaged.
and
functioning.
Debris and Sediment
Accumulated sediment depth exceeds 10%
All sediment
of the diameter of the storage area for 1/2
and debris
length of storage vault or any point depth
removed from
exceeds 15% of diameter.
storage area.
(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
Tank/Pipe Section
be transported into facility.
between
tank/pipe
(Will require engineering analysis to
sections are
determine structural stability).
sealed.
Tank Pipe Bent Out
Any part of tank/pipe is bent out of shape
Tank/pipe
of Shape
more than 10% of its design shape.
repaired or
(Review required by engineer to determine
replaced to
structural stability).
design.
Vault Structure
Cracks wider than 1/2-inch and any
Vault replaced
Includes Cracks in
evidence of soil particles entering the
or repaired to
Wall, Bottom,
structure through the cracks, or
design
Damage to Frame
maintenance/inspection personnel
specifications
and/or Top Slab
determines that the vault is not structurally
and is
sound.
structurally
sound.
Cracks wider than 1/2-inch at the joint of
No cracks
any inlet/outlet pipe or any evidence of soil
more than 1/4-
particles entering the vault through the
inch wide at
walls.
the joint of the
inlet/outlet
pipe.
Storm Water Easement and Maintenance Agreement
Page 13 of 18
No. 3 - Closed Detention Systems (TanksNaults)
Maintenance
Defect
Conditions When Maintenance is Needed
Results
Component
Expected
When
Maintenance
is Performed
Manhole
Cover Not in Place
Cover is missing or only partially in place.
Manhole is
Any open manhole requires maintenance.
closed.
Locking Mechanism
One maintenance person with proper tools
Mechanism
Not Working
cannot open mechanism. Bolts into frame
opens with
have less than 1/2 inch of thread (may not
proper tools.
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
maintenance.
one
maintenance
person.
Ladder Rungs Unsafe
Ladder is unsafe due to missing rungs,
Ladder meets
misalignment, not securely attached to
design
structure wall, rust, or cracks.
standards.
Allows
maintenance
person safe
access.
Catch Basins
See "Catch Basins"
See "Catch Basins" (No. 5).
See "Catch
(No. 5)
Basins" (No.
5).
Storm Water Easement and Maintenance Agreement
Page 14 of 18
No. 4 - Control Structure/Flow Restrictor
Maintenance
Defect
Condition When Maintenance is Needed
Results
Component
Expected
When
Maintenance
is Performed
General
Trash and Debris
Material exceeds 25%p of sump depth or 1
Control
(Includes Sediment)
foot below orifice plate.
structure
orifice is not
blocked. All
trash and
debris
removed.
Structural Damage
Structure is not securely attached to
Structure
manhole wall.
securely
attached to
wall and outlet
pipe.
Structure is not in upright position (allow up
Structure in
to 10% from plumb).
correct
position.
Connections to outlet pipe are not watertight
Connections
and show signs of rust.
to outlet pipe
are watertight;
structure
repaired or
replaced and
works as
designed.
Any holes, other than designed holes, in the
Structure has
structure.
no 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
and down gate.
up and down
easily and is
watertight.
Chain/rod leading to gate is missing or
Chain is in
damaged.
place and
works as
designed.
Gate is rusted over 50% of its surface area.
Gate is
repaired or
replaced to
meet design
standards.
Storm Water Easement and Maintenance Agreement
Page 15 of 18
No. 4 - Control Structure/Flow Restrictor
Maintenance
Defect
Condition When Maintenance is Needed
Results
Component
Expected
When
Maintenance
is Performed
Orifice Plate
Damaged or Missing
Control device is not working properly due
Plate is in
to missing, out of place, or bent orifice plate.
place and
works as
designed.
Obstructions
Any trash, debris, sediment, or vegetation
Plate is free of
blocking the plate.
all
obstructions
and works as
designed.
Overflow Pipe
Obstructions
Any trash or debris blocking (or having the
Pipe is free of
potential of blocking) the overflow pipe.
all
obstructions
and works as
designed.
Manhole
See "Closed
See "Closed Detention Systems" (No. 3).
See "Closed
Detention Systems"
Detention
(No. 3).
Systems' (No.
3).
Catch Basin
See "Catch Basins"
See "Catch Basins" (No. 5).
See "Catch
(No. 5).
Basins" (No.
5).
Storm Water Easement and Maintenance Agreement
Page 16 of 18
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results 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
blocking inletting capacity of the basin by
in front of catch
more than 10%.
basin or on grate
opening.
Trash or debris (in the basin) that exceeds 60
No trash or debris in
percent of the sump depth as measured from
the 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
Damage to
inches or cracks wider than 1/4 inch.
holes 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
separations of more than 3/4 inch of the
on the riser rings or
frame from the top slab. Frame not securely
top 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 re-grouted
than 1/2 inch and longer than 1 foot at the
and secure at basin
joint of any inlet/outlet pipe or any evidence
wall.
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 17 of 18
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected
Component
When Maintenance
is performed
Vegetation
Vegetation growing across and blocking
No vegetation
more than 10% of the basin opening.
blocking opening to
basin.
Vegetation growing in inlet/outlet pipe joints
No vegetation or
that is more than six inches tall and less than
root 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
Mechanism
maintenance person with proper tools. Bolts
with 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
Unsafe
securely attached to basin wall,
design standards
misalignment, rust, cracks, or sharp edges.
and allows
maintenance person
safe access.
Metal Grates
Grate opening
Grate with opening wider than 7/8 inch.
Grate opening
(If Applicable)
Unsafe
meets design
standards.
Trash and
Trash and debris that is blocking more than
Grate free of trash
Debris
20% of grate surface inletting capacity.
and 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 18 of 18