HomeMy WebLinkAbout20040708002076 STORM EASEMENT 07080413 )L-
31-Z2-
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20040708002078
PACIFIC NW TIT EAS 30.00
PAGE001 OF 012
07/08/2004 14:40
KING COUNTY, WA
Above this line reserved for recording information
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC03-0031
Reference 4 (if applicable): N/A 1 Z Q
Grantor/Borrower: Formula Holdings, LLC l
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW '/a, 31-22-05E
Assessor's Tax Parcel ID*: 000400-0024
THIS EASEMENT AND AGREEMENT made and entered into this r$ day of
PAYE , 2004, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and Formula Holdings,
LLC, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for manufacturing and warehouse located at 4432 `C' St.
NE, 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
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" and on that portion of the property as showing on the approved Record
Drawings revised pursuant to construction records for,th'e City of Auburn under Permit No.
FAC03-0031, 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" and incorporated herein by this reference, and shall be a benefit to
the City Storm 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 "B" 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
he/she/they/it shall 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 tines 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
6kZ'- s- Z5, 10Y
1]:4 Engineer Date
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Owner Date
caner Date
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File: #961
REF. fi:Development\Forms\Le1gal Documents\2004 (Rev. 12/03)
• al's i~•. !.'t .10 .1
STATE. OF WASHINGTON)
)ss.
COUNTY OF KING )
I certi at I know or have satisfactory evidence that Denn' elle is the person who
appeared be me, and said person acknowledged that he ned this instrument, on oath
stated that he was orized to execute the instrumen d acknowledged it as the CITY
ENGINEER of THE CIT AUBURN to be the ee and voluntary act of such party for
the uses and purposes mentioned 1 s,instru t.
Dated
Notary Public in and for the State of Wasfi-ington
Residing at
My appointment expires
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that /f SAN G,4~' Ut-
e lfj9,2 LG5 c~ ~'KN b~
is/are the person(s) who appeared before me, and said person(s) acknowledged that
he/she/they signed this instrument on oath stated that he/she/they was/were authorized to
execute the instrument and acknowledge as the
of Di N GS; L L c_
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes m ntioned in the instrument.
Dated S1l F/ o r'
Notary Public in and for the State of Washington
NA r40.s Residing at 98 31? a 8 s -5eq T-_ G
My appointment expires /--,2
D(o
i i 0.# M~ge'NRaA"P
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 f suC party far the uses and purposes mentioned in this instrument.
Dated 0
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f i~~firWAS~N
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Notary Public and fo the St e of Was i on
Residing at My appointment expires
EXHIBIT A
LEGAL DESCRIPTION
That portion of Lot 2, City of Auburn Short Plat No. SPL-0004-95, as recorded
under Recording No. 9601251268, Records of King County, Washington, and
lots 17 and 18, Second Addition to White River Valley Home Tracts, an
unrecorded plat, described as follows:
COMMENCING at the Northeast corner of said Lot 2,
THENCE South 890 03'45" West, 255.64 feet along the North line of said Lot 2 to
the TRUE POINT OF BEGINNING;
THENCE South 000 56'24" East, 176.15 feet;
THENCE South 89103' 45" West, 112.51 feet;
THENCE South 000 56' 15" East, 23.91 feet to the South line of said Lot 2;
THENCE South 891 03'45" West, 260.35 feet along said South line to the
Southwest corner of said Lot 2;
THENCE North 00143'49" West, 200.06 feet along said West line of said Lot 2 to
the Northwest corner of said Lot 2;
THENCE North 890 03'45" East, 30.24 feet along said North line of said Lot 2 to
the Southwest corner of said Lot 17;
THENCE North 000 11' 55" East, 168.18 feet along said West line of said Lots 17
and 18 to the North line of the South half of said Lot 18;
THENCE North 890 03'45" East, 389.77 feet along said North line to the East of
said Lot 18;
THENCE South 011 17' 17" West, 168.27 feet along the East line of said Lots 17
and 18 to the Southeast corner of said Lot 17, said corner being on the North line
of said Lot 2;
THENCE South 890 03'45" West, 44.69 feet along the North line of said Lot 2 to
the TRUE POINT OF THE BEGINNING.
EXHIBITS'
STORM WATER POLLUTION PREVENTION PLAN
for
EMERALD NORTH CORPORATE PARK
SEPA NO. 03-0012
FAC NO. 03-0031
GRA NO. 03-0017
Site Address:
The project is located in
(Range) 5 East, W.M.,
000400-0024.
Introduction:
(QTR Section) SW (Section) 31-(Township) 22-
4432 'C' Street N.E. The tax parcel number is
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 North Corporate Park located at
4432 'C' Street N.E. The site has an area of approximately 4.24 acres
and is currently undeveloped. The subject site will be developed to
include construction of two office/warehouse buildings and the associated
parking areas, landscape areas, utility improvements and storm drainage
facility improvements.
The subject site is relatively flat and covered with brush and was
previously cleared at one time.
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 wet/detention pond located directly to the south, utilizing the
Opus Emerald Corporate Park facility. Here the storm water will be
released into the conveyance system along 42nd Street N.E. and
eventually connecting into an existing 30-inch storm system in Auburn
Way North.
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
No. 5 - Catch Basins
(Department of Ecology Storm Water Manual, August 2001)
Treatment BMP'S:
A three-celled detention/wetpond) was previously constructed at the Opus
Emerald Corporate Park project to treat runoff for conventional pollutants.
The wetpond was designed to treat 64% of the 2-year storm event (water
quality storm) for water quality treatment. In addition, the detention pond
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 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 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 detention/wetpond must
be properly maintained. Be careful to avoid introducing landscape fertilizer
to receiving waters or groundwater. If wetpond side slopes become eroded
over 2" deep, stabilize by„using appropriate erosion control measures (e.g.,
rock reinforcement, planting of grass, compaction).
Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris.
Person of Responsibility:
Alan Gangl or Chas Werner
Formula Holdings, LLC
4432 "C" Street NE
Auburn, WA 98002
(253) 880-0171
Design Engineer:
Dan Balmelli
Barghausen Consulting Engineers
18215-72nd Avenue South
Kent, WA 98032
(425) 251-6222
Plan and/or Information Updates:
The City of Auburn Utilities 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 Utilities Sections.
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE DATE OF"INSPECTION/MAINTENANCE
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
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 9 of I I
No. 5 - Catch Basins
Mainten nce
Defect
Conditions When Maintenance is Needed
Results Expected'WheA
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 sitting flush on top slab, i.e.,
Frame is sitting flush on
separation of more than 3/4 inch of the frame
the riser rings or top slab
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 10 of 1 1
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
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 1 1 of 1 I