HomeMy WebLinkAbout20100414001383 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 032510Address:
CiReturnty of Auburn
VIII VIII VIII VIII VIIIVIIIIIII IIIIVIIIVIIIVIIIVIIIIIII IIIIIIIIIII
City Clerk 20100414001383
25 West Main PACIFIC NW TIT EAS 77.00
Auburn, WA 98001 PAGE-001 OF 016
04/14/2010 15:56
KING COUNTY, WA
Above this line reserved for recordine information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
ADD09-0046
Reference # (if applicable):
N/A
Grantor/Borrower:
Synergize Auburn , LLC p \ , ~7
Grantee/Assignee/Beneficiary:
City of Auburn
Legal Description/STR:
NE'/a 13-21-04 1Vn
Assessor's Tax Parcel ID#:
132104-9087 V t
THIS EASEMENT AND AGREEMENT made and entered into this day of
V} 0- cj~ , 2010, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and .3f4e~ i to~:- "->n/
hereinafter referred to as "PROPERTY OWNER". t LL. tj.
11
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for PRO-TOW located at 420 H ST NW, which create
impervious surface; and
WHEREAS, the PROPERTY OWNER has a complete 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
an scc:':....... ,
as to its eftaQi wv.a 1.Gz.1
Storm Water Easement and Maintenance Agreement
Page l of 16
:D
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.
ADD09-0046, 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.
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
Storm Water Easement and Maintenance Agreement
Page 2 of 16
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 above.
CITY OF AUBURN
7 ~ 3 ~zr'o
Tim Carlaw, Storm Drainage Engt er 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 3 / 1,-
"Id
_,ap~ l B ''4
X44
~uMp i
s
viz 9~ ''T7. }g.1~ X02 ' i J E
Notary Publwi in nand for the St of Washi gton
Residing at I iz 1-1 'Cr y «~('t
My appointment expires 1 / ~ i 1
Storm Water Easement and Maintenance Agreement
Page 3 of 16
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
Ice Ty I have ow hav satisfactory evidence that- ~ l'e i Y j j1 . Le e ~ I",, -
S U -ct Yt t W IS --is/are the person(s) who appeared before me, and
said person(s) acknowledged that ]re/slre/they signed this instrument on oath stated that
lie/she/they was/were audWrized to execute tle instrument and acknowledge as the
/~7n N p. <iF of J`~i1P65. ~r f 6 i r ~t L L C'
a limited liability company, to be the free and'voluntary act of such party for the uses and
put-poses mentioned in the instrument.
DatedLy~ ut-c O-A- !'y,
C"It
Notary Public ip Qnd for the Stag of W shington
Residing at `C Ik tL M C C t *ti
My appointment expires - -
mb/tlb
File:
REF. H:\DEVELOPMENT\Projects\Pro-Tow\020810MaintandAccessAgree.DOC
Storm Water Easement and Maintenance Agreement
Page 4 of 16
EXHIBIT A
LEGAL DESCRIPTION
Lot 1, Auburn Short Plat 0009-97, as recorded under recording number
9712041392, in King County, WA.
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(4 1t)C"i[f d'
Storm Water Easement and Maintenance Agreement
Page 5 of 16
EXHIBIT B
D = 18.03'37'
R = 40.00'
A- 12.61' 20' RAILROAD
9086 EASBNIENT
kPC#7609230684
~`-D = 25'23'14"
R = 468.35'
A 207.52
-1 1_ 2' TELEPHONE EASEMENT
REC /8003050531
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5 88'32'02" E 17170' W
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Storm Water Easement and Maintenance Agreement
Page 6 of 16
Date: February 1, 2010
Prepared for:
Synergize Auburn LLC
23933 SE 264" Street
Maple Valley, WA 98038
Prepared by:
POE Engineering, Inc.
Civil & Structural Engineering/Consulting
1314 8m Street NE, Suite 201
Auburn, Washington 98002
(253) 833-4052
Storm Water Easement and Maintenance Agreement
Page 7 of 16
JOB NO. 09-025
STORM WATER POLLUTION PREVENTION PLAN
Forthe
Pro-Tow Tenant Improvement
Permit NO. ADD09-0046
Site Address:
The project is located in the NE '/4 of Section 13, Township 21 North,
Range 4 East, W.M., at 420 H Street NW. The tax parcel number is
132104-9087.
Introduction:
This storm water pollution prevention plan has been prepared to address the City
of Auburn's site development and storm drainage requirements for the proposed
Pro-Tow Tenant Improvements. The parcel is approximately 500 feet in width by
170 feet in depth (1.75 ac) and was developed in 1978 with a 12,516.7sf tilt-up
concrete warehouse structure along with associated parking, landscaping and
maneuvering areas.
The site has been previously developed and provide with a storm water drainage
system designed to 1978 standards. Existing ground conditions are building,
walkways, paving and gravel draining to a single catch basin. The property to the
South & East is currently developed with an industrial building, a rail spur exists to
the North, and a public street borders the site to the West. The existing soils are
classified as Urban (Ur) and Snohomish Silt Loam (So) per the SCS King County
Soil Survey.
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. Storm water runoff from the existing development is
collected by building downspouts & paving swales to a single catch basin south of
the existing building. This catch basin has a down turned elbow and orifice to
create surface ponding and provide storm water detention above ground in the
paved area. The down turned elbow also serves as an oil / water separator for
water quality. The catch basin has a single 8" outlet pipe to the West to the public
storm system in H Street NW.
Storm Water Easement and Maintenance Agreement
Page 8 of 16
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, conveyance
piping, and control structure shall be visually inspected for accumulation of
debris and silt and 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 Control
No. 5 - Catch Basins
Treatment BMP'S:
The existing catch basin south of the building in the paved area has been
provided with a down turned elbow for oil / water separation. The detention
system design release will flow thru the oil / water separation elbow and to
the public storm system in H Street NW via the existing 8" storm pipe.
Storm Water Easement and Maintenance Agreement
Page 9 of 16
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 flow control structure
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:
Synergize Auburn LLC
Attn: Keith Lewis
23933 SE 264th Street
Maple Valley, WA 98038
(206) 730-7898
Design Engineer:
POE Engineering, Inc.
Attn: Alan Poe, P.E.
13148 th Street N.E., Suite 201
Auburn, WA 98002
(253) 833-4052
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 16
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
P [ M
fff NA '
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Conveyance Pipes
Inspection
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
Inspection
Results
Maintenance
Done
Inspection
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 11 of 16
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 16
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).
(N0. 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 13 of 16
Storm Water Easement and Maintenance Agreement
Page 14 of 16
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 sifting 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 15 of 16
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.
Stone Water Easement and Maintenance Agreement
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