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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. r` ~F f F ' r ttX pJ (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 1 I II I~ z ~ a I~ ^ I I 9087 S II I) --I~ i 10' POWER FASEMENT II REC /7912100516 i II II ~I 5 88'32'02" E 17170' W , 'If z Kati ~i ikf I"' soaa la m N I I I I I 1 „^60' 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 Page 16 of 16