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Home My WebLink About20040708002077 STORM EASEMENT 07080443/3. z _3l- 2z -as Return Address: City of Auburn ity Clerk C West Main 25 0410 A Auburn, WA 98(}Ul $00207 / RACIFIC NW TIT EAS 38.00 2 0 004 1 0708 4:40 KING COUN TY, WA Above this line reserved for recordine information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC03-0031 Reference # (if applicable): N/A Grantor/Borrower: J & J Auburn, LLC 2 ? PN wt- Grantee/Assignee/Beneficiary: City of Auburn Li ~ ~ t c~ 12 Legal Description/STR: SW'/,, 31-22-05E 1 Assessor's Tax Parcel IN: 936060-0090 THIS EASEMENT AND AGREEMENT made and entered into this 2a~- day of Mql~ , 2004, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and J & J Auburn, 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 4422 `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 the 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 parties. 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 "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 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 5-- 257- Oct ' Date 5. 3. ner Date Owner Date WW/bi File: #961 REF. H:Development/Forms\ 'egsl Documents\2004 (Rev. 12/03) STATE OF WASHINGTON) ) ss CO OF KING ) I certify that I kno or have satisfactory evidence that Dennis e is the person who appeared before me, an id'person acknowledged that he ed this instrument, on oath stated that he was authorize execute the instrume d acknowledged it as the CITY ENGINEER of THE CITY OF A URN to bet ree and voluntary act of such party for the uses and purposes mentioned in th' 'nst ent. Dated Notary Public in and for the e of Washington Residing at My -appointment expires STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that 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/the was/were authorized to execute the instrument and acknowledge as _a nnwAtn rneme,,"L of 4 PKAL \ n. LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 5•13•(>q oti CO v NOTAR y ~cn i PlJBl1C i 11%%% OF wxs\AN' Notary Public ~andfor the State of Washington Residing at zSEf tlC L A My appointment expires 1l •19.094 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 ac of such y for the uses and purposes mentioned in this instrument. Dated '9-S 4~ Q~~' -61 OTApy~~'M; ° Notary Public i and Jor the ' tate of Washington ~G Residing at cry,'., pllg~`, o s My appointment expires -oZ -9~:'•. x,29-~~. C7 l+a~~,,,oj,WAS - 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 890 03'45" WEST, 255.64 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTH 001 56'24" EAST, 176.15 FEET; THENCE SOUTH 89° 03'45" WEST, 112.51 FEET; THENCE SOUTH 001 56' 15" EAST, 23.91 FEET TO THE SOUTH LINE OF SAID LOT; THENCE NORTH 890 03'45" EAST, 367.41 FEET ALONG SAID SOUTH LINE OF SAID LOT TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 00143'49" WEST, 200.06 FEET ALONG SAID EAST LINE OF SAID LOT TO THE POINT OF THE BEGINNING; TOGETHER WITH AN INGRESS/EGRESS AND UTILITY EASEMENT OVER THE SOUTHERLY 30 FEET OF LOT 1, CITY OF AUBURN SHORT PLAT NO. SPL-0004-95, AS RECORDED UNDER RECORDING NO. 9601251268, RECORDS OF KING COUNTY WASHINGTON. 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., 936060-0090. Introduction: (QTR Section) SW (Section) 31-(Township) 22- 4422 '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 4422 '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 Facilitie 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: John Walker J & J Auburn, LLC c/o Teutsch Partners 2001 Western Avenue, Suite 330 Seattle, WA 98121 (206) 728-1130 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~ INS PECTION/MAINTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Convey ance 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 Maintenance Defect` Conditions When Maintenance is Needed"" 'Results Expected When Component," a '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 inletloutlet 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 I of I I