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
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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?
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Notary Public in and for
Residing at ,I7i r C
My appointment expires
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File: 91263
REF H. \Development \Projects \Emerald Square \FAC09 - 0007 \Legal
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EXHIBIT ---A- -°
LEGAL DESCRIPTION:
LOT 1, KING COUNTY SHORT PLAT NO. L04S0020,
RECORDED UNDER RECORDING NO. 20050606900014,
IN KING COUNTY. WASHINGTON.
EXHIBIT
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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