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HomeMy WebLinkAbout20120309001479 STORM WATER EASEMENT & MAINT AGREEMENT 12/18/2009MST UCAN Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 09- -� /- oflS,�/ b / ?) 20120309001479 FIRST AMERICAN EAS 139 00 PAGE -001 OF 016 03/09/2012 16 07 KING COUNTY. UA Above this line reserved for recording STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC09 -0007 Reference # (if applicable): N/A Grantor /Borrower MARTIS LLC Grantee /Assignee /Beneficiary' City of Auburn Leal Description /STR. NE 'A S W 'A S9 — T21 N — R5E Assessor's Tax Parcel ID #' 092105 -9234 (--1,3 THIS EASEMENT AND AGREEMENT made and entered into this I&- clay of '- eCe ey- . 2009; by and between the City of Auburn. a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and MARTI\ LLC hereinafter referred to as "PROPERTY OWNER" WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Emerald Square located at 31217 124"' Avenue SE, 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 drainagc:aid 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 COLTRTF y 1 =RI)WC, ON Nt) LIAIITIrl'y K;R :-ki MuFPAAND / Oft �r, ^',^- <.4C^.'p0.`�JA•:'; Pt • *;iT;4?'.495L''fCTCAAt IR 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 Stone 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. FAC09 -0007 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. parties. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the 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 mrpacts(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 EXECUTED as of the date first written above. Property Owner Date Property Owner Date �ttttll IJ�AB %'�• STATE OF WASHINGTON) SS COUNTY OF KING ` oz { I certify I have know or have satisfactory evidence that SL Lj and (Rare the pers64T'.wlniaappeared before me, and said person) acknowledged tha he she /they signed this loStrument -oil oath stated that pe she /they ( jas7were authorized to execute the instrument and acknowledge as the 2r of hV1'-f i X I .LC , a limited ability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrunrent. Dated Lyemb -er I gI %ill)q TRACI S. FEL'TOM ' . NOTARY PUBLIC STATE OF WASHINGTON Notary Public in and for the State of Washington COMMISSION EXPIRES Residing at IgS&O SC 31 �Si, f1-ubt•e..vn, LO(4 FEBRUARY 19 2012 M appoinhnent ex ices Ua -Iq aCla �c�yc� _ Y ' E 1 P CITY OF AUBURN .�� / z/21/Fi9 Tim Carlaw, Storm Drainage Engineer STATE OF WASHINGTON) )Ss. COUNTY OF KING ) Date 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 /d /ai /U? V. 04M► vs p z2 • %ytJ ,4 i Z O ^w�� 0 �j,9 ii -19 :�2_ Notary Public in and for Residing at ,I7i r C My appointment expires HS /tlb File: 91263 REF H. \Development \Projects \Emerald Square \FAC09 - 0007 \Legal ngton 00T-131 .P (DART 31.IHUq YPATO" VOT;R+iI i!AW'40:1 TAT2. Stole, 'q YAMM88i EXHIBIT ---A- -° LEGAL DESCRIPTION: LOT 1, KING COUNTY SHORT PLAT NO. L04S0020, RECORDED UNDER RECORDING NO. 20050606900014, IN KING COUNTY. WASHINGTON. EXHIBIT 23 F 288.02 O U J LOT I a KGSP NO LO45OO2O LOT 2 3 ^ REG .NO 200506066100014 ow Q^ S.E. COR. LOT 1 (S.P.) = PER REC. NO. 20050606900014 a CL U �Q PZ 11/ M� �2 i 1 U J 42' wl ^I W � o z i w al y ^ � w � v gl 40' *. 4 :II :3 111 NO STORMWATER POLLUTION PREVENTION PLAN for EMERALD SQUARE RETAIL CENTER Site Address: The project is located in the SW '/< of Section 9, Township 21 North, Range 5 East, W.M , at 31217 1241h Avenue SE on tax parcel no 0921059234 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 Emerald Square Retail Center The site has an area of approximately 1 08 acres and is currently undeveloped The subject site will be developed as a 12,907 square foot retail center When, developed, the subject site will contain 0 90 acres of impervious surfaces and 0 18 acres of landscaping. According to the City of Auburn's Construction Standards for stormwater management, the city requires stormwater quantity and quality control for all proposed developments. We have proposed to collect all of the stormwater runoff from the landscaped, building and pavement areas in a series of catch basins This water will be conveyed by storm drainage pipe to an underground StormTech chamber detention system installed under the pavement on the south side of the building. From there the stormwater will be released into the 12 -inch conveyance system in 124th Avenue Southeast. Plan Goal The specific purpose for the stormwater 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 stormwater 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 /wet pond, 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 No 3 — Closed Detention Systems (TanksNaults) No 4 — Control Structure /Flow Restrictor No 5 —Catch Basins No 15 — StormFilterTM (leaf compost filter) Treatment BMP'S A 4- cartridge StormFilter Manhole has been installed to treat runoff for conventional pollutants The StormFilter was designed to treat 72% of the 2 -year storm event (water quality storm) for water quality treatment. In addition, the StormTech 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 Utilities Section is to review and approve any changes to this Stormwater 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 Utilities Sections 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 seasonal 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 StormFilter 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: Martix, LLC Terry Kulakivsky, Manager PO Box 539 Kent, WA 98035 (206) 898 -3677 Design Engineer- Rupert Engineering, Inc Adam E. Paul, PE 1519 West Valley Highway North, Suite 101 Auburn, WA 98001 (253) 833 -7776 Plan and / or Information Updates, The City of Auburn Utilities Section is to review and approve any changes to this Stormwater 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 Utilities Sections INSPECTION /MAINTENANCE CHECKLIST Storm Water Easement and Maintenance Agreement Pale 10 of 16 STRUCTURE , `IDATE OF INSPECTION /MAINTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done StormTech Inspection Detention System Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure (CB#3) Results Maintenance Done StormFilter Manhole Inspection CB #2) Results Maintenance Done Storm Water Easement and Maintenance Agreement Pale 10 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. No. 3 — Closed Detention Systems (Tanks/Vaults) Maintenance Defect Conditions When Maintenance is Needed Results Expected Component When Maintenance is Performed Storage Area Plugged Air Vents One -half of the cross section of a vent is Vents open and blocked at any point or the vent is damaged functioning Debris and Accumulated sediment depth exceeds 10% All sediment and Sediment of the diameter of the storage area for 1/2 debris removed length of storage vault or any point depth from storage area. exceeds 15% of diameter (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 be All joint between Tank /Pipe Section transported into facility tank /pipe sections are sealed. (Will require engineering analysis to determine structural stability). Tank Pipe Bent Out Any part of tank /pipe is bent out of shape Tank /pipe repaired of Shape more than 10% of its design shape. (Review or replaced to required by engineer to determine structural design stability). Vault Structure Cracks wider than 1 /2 -mch and any evidence Vault replaced or Includes Cracks in of soil particles entering the structure through repaired to design Wall, Bottom, the cracks, or maintenance /inspection specifications and Damage to Frame personnel determines that the vault is not is structurally and /or Top Slab structurally sound. sound. Cracks wider than 1/2-inch at the joint of any No cracks more inlet /outlet pipe or any evidence of soil than 1/4 -inch wide particles entering the vault through the walls at the joint of the inlet/outlet pipe. Storm Water Easement and Maintenance Agreement Paae I I of 16 No. 3 — Closed Detention Systems (Tanks/Vaults) Maintenance Defect Conditions When Maintenance is Needed Results Expected Component When Maintenance is Performed Manhole Cover Not in Place Cover is missing or only partially in place. Manhole is closed. General Trash and Debris Any open manhole requires maintenance. Control structure Locking Mechanism Mechanism cannot be opened by one Mechanism opens Not Working maintenance person with proper tools. Bolts with proper tools. into frame have less than 1/2 inch of thread and debris (may not apply to self - locking lids). removed. 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 one Structure is not in upright position (allow up Structure in correct maintenance. maintenance to 10% from plumb) person. Connections to outlet pipe are not watertight Ladder Rungs Ladder is unsafe due to missing rungs, Ladder meets Unsafe misalignment, not securely attached to design standards, structure wall, rust, or cracks. Allows maintenance person safe access. Catch Basins See "Catch Basins' See "Catch Basins" (No 5). See "Catch Basins" (No. 5) structure. (No. 5). 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 manhole Structure securely 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 and show signs of rust. outlet pipe are water tight; 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 Sturm 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 Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. Gate cannot be moved up and down by one Gate moves up and maintenance person. down easily and is watertight. Chain /rod leading to gate is missing or Chain is in place damaged. and 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 to Plate is in place missing, out of place, or bent orifice plate. and 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) (No 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 No. 5 — Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed , General Trash & Debris Trash or debris which is located immediately No Trash or 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 No trash or debris in the 60 percent of the sump depth as measured catch basin from 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 basin from 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 separation 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 Basin replaced or Cracks in is 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 Pagc 14 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 growth present. than 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 closed maintenance. 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 Cover can be removed by to Remove after applying normal lifting pressure. one maintenance person (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 Storm Water Easement and Maintenance Agreement Page 15 of 16 No. 15 - STORMFILTERM Maintenance Defect Condition When Maintenance is Results Expected When Component Needed Maintenance is Performed Below Sediment Sediment depth exceeds Y. inch No sediment deposits that Ground Vault Accumulation on would impede permeability of Media. the compost media. Sediment Sediment depth exceeds 6- inches in No sediment deposits in vault Accumulation in first chamber bottom of first chamber Vault Trash /Debris Trash and debris accumulated on Trash and debris removed Accumulation compost filter bed. from the compost filter bed. Sediment in When drain pipes, clean -outs, become Sediment and debris removed. Drain full with sediment and /or debris Pipes /Clean- Outs Damaged Pipes Any part of the pipes that are crushed Pipe repaired and /or replaced. or damaged due to corrosion and /or settlement. Access Cover Cover cannot be opened; one person Cover repaired to proper Damaged /Not cannot open the cover using normal working specifications or Working lifting pressure, corrosion /deformation replaced. of cover Vault Structure Cracks wider than 1/2 -inch or Vault replaced or repairs made Includes Cracks evidence of soil particles entering the so that vault meets design in Wall, Bottom, structure through the cracks, or specifications and is Damage to maintenance /inspection personnel structurally sound. Frame and /or determine that the vault is not Top Slab structurally sound Cracks wider than 1/2 -inch at the joint Vault repaired so that no of any inlet/outlet pipe or evidence of cracks exist wider than 1/4- soil particles entering through the inch at the joint of the cracks. inlet/outlet pipe. Baffles Baffles corroding, cracking warping, Baffles repaired or replaced to and /or showing signs of failure as specifications determined by maintenance /inspection person. Access Ladder Ladder is corroded or deteriorated, not Ladder replaced or repaired Damaged functioning properly, not securely and meets specifications, and attached to structure wall, missing is safe to use as determined rungs, cracks, and misaligned. by inspection personnel Below Media Drawdown of water through the media Media cartridges replaced. Ground takes longer than 1 hour, and /or Cartridge overflow occurs frequently Type Short Circuiting Flows do not properly enter filter Filter cartridges replaced. cartridges. Storm Water Easement and Maintenance Agreement Page 16 of 16