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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 11111111111111111Hamm 4001436 140.00 UIO 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 ~ ",htt~OF\WAS 11 MAB/tlb 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' 3!i 00 J ~ 6 ~ o rn F o Z 0 a LO C St. SW i FP.O.B. N058'57"W 20' STORM _ I1.z,o.oo' DRAINAGE -7 EASEMENT I 15' STORM DRAINAGE EASEMENT I 15' STORM I DRAINAGE EASEMENT I I I I I I I I I I I I ~ IN ~ I I f M N I~ ~ o ~ I "J t_> 6 N IV N ro I ~o WI ; I~ mZ ;fl al I W~ ~I I ~ I x NI ~I I I I I I I I I I I I I I I I I J I I I I I I I I I I I \ i9"E L J - 15.0cr N2'IB'11"E, 15.00' 15.00' ii 16;r>- > 0 =,r I 117.13' 18.20' 1 i ~ I N I N t I D JII I 1" = 50' 0 25 50 100 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 s {,a<t lI! p t 3 t~li t!t isi yI}I51~P l; ps i`i i~! i~I+dit"9 r(fi 11 ~ ! ~{{({i~iG ,(~4`~rSirv 4llf{taE S E~ E'Itlj~''~S~{~ ~,t} { c' i+i4 ~ ~ l~i ih iE~lA~ {y{j{{tY ~I 5it2 tlii''a{{~y Yi~ ll }3v "}'~i; y t i fli I~(~ '0-011 i STRUCTURE { ~ y yn5 d !ys t ~I ~"py b i ~ J' (pq)( r` " ' t '1{ rr. 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