HomeMy WebLinkAbout20030122001002 STORM EASEMENT 042203Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
TOITSEAS
19:116
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
BLD03-0001 15 /3 3
Reference # (if applicable): N/A WN W
Grantor/Borrower: Valley PontiacBuick/GMC oo . I
Grantee/Assignee/Beneficiary: City of Auburn °y R@ft momrwTUG as
Legal Description/STR: SW /a 06-21N-SE MMte~WGUOR only. 6t has = besn
@21 8 a0 is proper axecutlan ®r
Assessor's Tax Parcel ID#: 000400-0057 ~@ t fiv upon title.
THIS EASEMENT AND AGREEMENT made and entered into this 13 day of
2003, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" Valley
Pontiac/Buick/GMC, hereinafter referred to as "PROPERTY LESSEE".
WHEREAS, PROPERTY LESSEE has applied for certain permits with the CITY
for the construction of facilities at Valley Pontiac/Buick/GMC located at 3104 Auburn
Way North which creates impervious surface; and
WHEREAS, the PROPERTY LESSEE will complete a storm system; and
WHEREAS, the PROPERTY LESSEE 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
Storm Water Easement and Maintenance Agreement
Page 1 of 15
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 LESSEE hereby provides an easement over, under 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. BLD03-0001, 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 of 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 LESSEE 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 LESSEE does hereby agree that the CITY may
enter onto the property of the PROPERTY LESSEE via the easement described above to
inspect and perform necessary maintenance if, after the PROPERTY LESSEE is given
notice to maintain, the PROPERTY LESSEE fails to maintain. Further, the PROPERTY
LESSEE agrees the CITY may enter onto the property of PROPERTY LESSEE 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 LESSEE agrees it shall
reimburse the CITY for the costs incurred by the CITY in maintaining the storm system.
Storm Water Easement and Maintenance Agreement
Page 2 of 15
Should the CITY incur attorney's fees and/or costs in enforcing the agreement and/or in
maintaining or collecting maintenance fees, the PROPERTY LESSEE agrees to pay
reasonable attorney's fees and all costs incurred by the CITY.
Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS
PROPERTY LESSEE 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
CITY ENGINEER
P4-~ S;JA-4--
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Lessee J Date
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File: #921
REF. H:Development\\Forms\Legal Documents\2003
Storm Water Easement and Maintenance Agreement
Page 3 of 15
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Dennis Selle 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 CITY
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 31(s1o3
SON` M. C VOli►►►
SION ►
o r1oTARy
N ; PUBUG
0
~~i► 9~ . 3.2
► ►~►1 aF WASN~
STATE OF WASHINGTON)
)ss.
County of King )
DNS L,1,04)
Not y Publi~j ~in and for the State of Washington
residing at /G A-A-et CAD •
My appointment expires -3-91-07
I certify that I know or have satisfactory evidence that `7--- E . C/atk >aH
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized
to execute-the instrument and acknowledged it as the -t kq-s. of
Va hm ~o c IG G ry1 C'r a corporation, to be the free and voluntary
act of such parties for the uses and purposes mentioned in this instrument.
Dated
:0 T41
Notary Public in and for the State of ashington
°~1\OF"`~G`_ residing at
~v, en u N L::21
My appointment expires I I It 9/ c 3
Storm Water Easement and Maintenance Agreement
Page 4 of 15
1 f
EXHIBIT `A'
Legal Description
THAT PORTION OF THE HARVEY H. JONES DONATION CLAIM NO. 39 IN
SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF STATE ROAD NO. 5
(AUBURN WAY NORTH), AS IT EXISTED PRIOR TO JUNE 12, 1911, WITH A
POINT 528 FEET NORTH OF THE SOUTH LINE OF SAID DONATION CLAIM;
THENCE NORTH ALONG SAID EAST LINE 132.94 FEET;
THENCE EAST TO AN INTERSECTION WITH A LINE 1,825 FEET EAST OF THE
WEST LINE OF SAID DONATION CLAIM;
THENCE NORTH ALONG SAID LINE 1,825 FEET EAST OF THE WEST LINE TO A
POINT 906.84 FEET NORTH OF THE SOUTH LINE OF SAID DONATION CLAIM;
THENCE EAST ALONG SAID LINE 906.84 FEET NORTH OF THE SOUTH LINE TO
AN INTERSECTION WITH A LINE 1,955 FEET EAST OF THE WEST LINE OF SAID
DONATION CLAIM;
THENCE SOUTH ALONG SAID LINE, 1,955 FEET EAST OF THE WEST LINE TO AN
INTERSECTION WITH A LINE 528 FEET NORTH OF THE SOUTH LINE OF SAID
DONATION CLAIM;
THENCE WEST ALONG SAID LINE 528 FEET NORTH OF THE SOUTH LINE TO
THE POINT OF BEGINNING;
EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY AND THE
CITY OF AUBURN. FOR ROAD PURPOSES BY DEEDS RECORDED UNDER KING
COUNTY RECORDING NOS. 755623 AND 6580820;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE"OF
WASHINGTON.
Storm Water Easement and Maintenance Agreement
Page 5 of 15
EXHIBIT `B'
STORM WATER POLLUTION PREVENTION PLAN
For
Valley Pontiac Quick Lube
BLD#03-0001
Site Address: 3104 Auburn Way North
The project is located in SW 1/4, Section 6, Township 21 North, Range 5
East, W.M. at 3104 Auburn Way North. The Tax Parcel # is 000400-0057.
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 Valley Pontiac Quick Lube located at 3104
Auburn Way North. The site has an area of approximately 0.5 acres and is
currently paved and is used for car parking. The subject site will have a
prefabricated building installed for a quick lube facility along with a storm
water detention vault and a Stormceptor for water quality treatment.
Existing utilities are located on or near the site and do not require any main
extensions or work in the R.O.W. Private access will be from the south.
The subject site is already fully paved and will have a 2,276 sf prefabricated
building installed for a quick lube facility. The quick lube facility will have its
own oil spill prevention system and no water from the building will drain to
the storm drainage system. An underground storm water detention vault
with a capacity of 710 cf will be used for storm water detention. A control
manhole will restrict the outflow from the vault. A Model 4501 Stormceptor
will provide water quality control.
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 detention vault located between the Quick Lube Facility and
Auburn Way North. Here the storm water will be released into an 8"0
storm line which will flow through a control manhole and a Stormceptor and
into the existing catch basin #H24 on the east side of Auburn Way North.
Storm Water Easement and Maintenance Agreement
Page 6 of 15
This 48"0 storm line flows north into Mill Creek. All oil drips inside the
building will be collected in the zip pits or wiped up by the staff per the
Environmental Impact Prevention Measures and Spill /Release Response
Plan for the. Quick Lube Facility.
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
storage pipes, Strormceptor, 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.
The Valley Pontiac Quick Lube Facility features a ZipPit for the lower lube
technician to perform oil drain,' filter and lubrication functions. This is
accommodated by an elevated floor (+19 inches) to prevent any below
grade requirements. Primary waste oil contaminate is achieved by a waste
oil recovery unit that is accessible the entire length of the ZipPit by the
technician. Secondary containment is the ZipPit itself which is molded as a
single piece having no drain connections or openings.
Spills that might occur in the ZipPit are removed by an air operated
diaphragm pump discharging into the above ground waste oil storage.
facility. This pump is located at the storage tank above ground. Spill
amounts insufficient in quantity to pump are removed with shop rental
towels, containerized and cleaned by a rental towel/uniform company.
The use of granular oil sorbent materials are not recommended by Boegh .
because of the interruption of pumping operations, inappropriate material
for bulk waste oil storage systems and environmental disposal problems in
public landfills.
Storm Water Easement and Maintenance Agreement
Page 7 of 15
Plumbing Requirements
Storm sewer or daylight drains are not provided in Boegh Building Systems.
Any and all pressure spills are contained within primary and secondary
containment systems.
• Maintenance Standards for Drainage Facilities
No. 3 - Closed Detention Vault
No. 4 -Control Structure/Flow Restrictor
No. 5 - Catch Basins
(Department of Ecology Storm Water Manual, August 2001).
Treatment BMP'S
A Stormceptor Model STC 450i has been installed to treat runoff for
conventional pollutants. The Stormceptor 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 storm water detention
vault and Stormceptor must be properly maintained. Be careful to avoid
introducing landscape fertilizer to receiving waters or groundwater. If wet
pond side slopes become eroded over 2 inches deep, stabilize by using
Storm Water Easement and Maintenance Agreement
Page 8 of 15
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:
Valley Pontiac/Buick/GMC
Mr. Ron Clauden Jr.
3104 Auburn Way North
Auburn, WA 98002
Phone: (253) 833-2420
Design Engineer:
Poe Engineering, Inc.
Mr. Ben Anstey
1314-8 th Street NE, Suite 102
Auburn, WA 98002
Phone: (253) 833-4052
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.
(Changes to ownership shall be reported to the City of Auburn's Utilities
Section.)
Storm Water Easement and Maintenance Agreement
Page 9 of 15
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
w
ill"
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Detention Vault/
Inspection
Stormce for
Results
Maintenance
Done
Inspection
Convey ance Pipes
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 10 of 15
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 (TankstVaults)
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 Sediment
Accumulated sediment depth exceeds 10%
All sediment and
of the diameter of the storage area for 1/2
debris removed from
length of storage vault or any point depth
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
All joint between
Tank/Pipe Section
be 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 or
of Shape
more than 10% of its design shape. (Review
replaced to design.
required by engineer to determine structural
stability).
Vault Structure
Cracks wider than 1/2-inch and any
Vault replaced or
Includes Cracks in
evidence of soil particles entering the
repaired to design
Wall, Bottom,
structure through the cracks, or
specifications and is
Damage to Frame
maintenance/inspection personnel
structurally sound.
and/or Top Slab
determines that the vault is not structurally
sound.
Cracks wider than 1/2-inch at the joint of
No cracks more than
any inlet/outlet pipe or any evidence of soil
1/4-inch wide at the
particles entering the vault through the
joint of the inlet/outlet
walls.
pipe.
Storm Water Easement and Maintenance Agreement
Page 11 of 15
No. 3 - Closed Detention Systems (TankstVaults)
Maintenance
Defect
Conditions When Maintenance is Needed`
?,R,esWts x'~'at G
Component
~
r,-
When i tenant
Fe :for d
Manhole
Cover Not in Place
Cover is missing or only partially in place.
Manhole is closed.
Any open manhole requires maintenance.
Locking Mechanism
Mechanism cannot be opened by one
Mechanism opens
Not Working
maintenance person with proper tools.
with proper tools.
Bolts into frame have less than 1/2 inch of
thread (may not apply to self-locking lids).
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
maintenance.
maintenance person.
Ladder Rungs Unsafe
Ladder is unsafe due to missing rungs,
Ladder meets design
misalignment, not securely attached to
standards. Allows
structure wall, rust, or cracks.
maintenance person
safe access.
Catch Basins
See "Catch Basins"
See "Catch Basins" (No. 5).
See "Catch Basins"
(No. 5)
(No. 5).
No. 4 - Control Structure/Flow Restrictor
Maintenance"-.
Defect-
Condition When Maintenance'is Needed ;
' Results E~~Ic
Component
When m ena a
is Perfo m d
.:F
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 water tight;
structure repaired or
replaced and works
as designed.
Any holes--other than designed holes--in
Structure has no
the structure.
holes other than
designed holes.
Storm Water Easement and Maintenance Agreement
Page 12 of 15
No. 4 - Control Structure/Flow Restrictor
Maintenance
Defect
Condition Wheri 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 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).
(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 15 ,
No. 5 - Catch Basins
Maintenance's
.Defect ;
Conditions When Maintenance is Needed `
Resiultg ~e t
Cornponent
t=Mai, en,ne i
peso m.
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 14 of 15
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.
I
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 15 of 15