HomeMy WebLinkAbout20030729000853 STORM EASEMENT 0729032--
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 980111 20030729000853
PACIFIC NW TIT EAS 50.00
07 29//001 2003Fie:iq
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC03-0023
Reference # (if applicable): N/A 1 4 N Lj
Grantor/Borrower: Safeway Siopo~~T Inc. ,
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW 1/ 18-21 N-5E r~ZOrc ai"
Assessor's Tax Parcel ID#: 733140-0237 aocommoaaGo;, ,.1.. mat TiVe
8S 0 nrnncr----
= tb 1119.90iW , n tltfe. ^~wrn or
THIS EASEMENT AND AGREEMENT made and entered tntotffR day of
, 2003, by and between the City of Auburn, a municipal corporation
of' King County, Washington, hereinafter referred to as "CITY" and Safeway, Inc.,
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities at Auburn Safeway located at 101 Auburn Way South,
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
Storm Water Easement and Maintenance Agreement
Page I of 12
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 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. FAC03-0023, 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 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.
Storm Water Easement and Maintenance Agreement
Page 2 of 12
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
CITY ENGINEER
SAFEWAY INC.
By: ~ M) 7/03/03
Owner Date
Its: Assistant Vice President
bjWm,&W 7/03/03
By:
Owner Date
Its: Assistant Secretary
CP:bi
File #932
Ref: H:Development\ orms\Legal Docsi2003
Storm Water Easement and Maintenance Agreement
Page 3 of 12
STATE OF SHINGTON )
)ss
County of King )
I certify that I know or)
and
me, and said persons
they were authorized to
at?,w" OP
satisfactory evidence that
are the persons who appeared before
wledged that they signed this instrument, on oath stated that
to the instrument and acknowledged it as the
and
of a corporation, to be the free
and voluntary act of such parties f the uses and purposes mentioned in this instrument.
Dated
Notary Public in and
residing at
My appointment expires
STATE OF WASHINGTON)
)ss.
County of King )
the State of Washington
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 7- 4:izC
~r11 M. ~ y
~,~~gSIONF ~ti
v r~0TpAy 9m =
01
10
tll PUBl_1G _
IDI
~4'44 OF WAS0%A\ -
Notary Publicjip
residing at --P'~
My appointment
of Washington
14. L.
and for
Storm Water Easement and Maintenance Agreement
Page 4 of 12
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
ss.
On July 3, 2003, before me, Sylvia Burnett, Notary Public, personally appeared Ann C.
Elliott and Wendall Mitchell personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signatures on the instrument, the persons or
the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal. r 'SYL,VIA nunNE T
COMMISSION 1261703
RY'PUBi.IC•CALIFOROAA
ALAMEC;: COUNri
Signature (Se aNRR1U1bn 14pp Jan 21,2M
~'1 V
FX14lrRTT "A"
LEGAL DESCRIPTION
THOSE PORTIONS OF TRACTS 8 AND 10 THROUGH 17 OF RIVERVIEW
ADDITION TO AUBURN, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS,
PAGE 90, RECORDS OF KING COUNTY AUDITOR, THE BED OF THE WHITE
RIVER ADJOINING AND LOTS 1 THROUGH 8 IN BLOCK 4 OF ABRAHAM'S
PARK, AS PER PLAT RECORDED IN VOLUME 27 OF PLATS, PAGE 26, RECORDS
OF KING COUNTY AUDITOR:
TOGETHER WITH THE VACATED ALLEYS PER AUBURN CITY ORDINANCE NO.
3189 IN SAID BLOCK 4, AND THAT VACATED PORTION, PER SAID ORDINANCE
NO. 3189 OF "B" STREET SOUTHEAST LYING WITHIN SAID RIVERVIEW
ADDITION
Storm Water Easement and Maintenance Agreement
Page 5 of 12
STORM WATER POLLUTION PREVENTION PLAN
For
Safeway Store #531 Fuel Facility Addition
SEPA#
SEP01-0044
FAC#
FAC03-0023
GRA#
GRA03-0010
Site Address:
The project is located in NW 1/a Section 18, Township 21 N, Range 5 East,
W.M. at the intersection of Auburn Ave NE and Auburn Way N in the City of
Auburn The Tax Parcel Numbers are as follows:
Parcel A T ax # 733140-0237-02
Parcel B Tax # 733140-0356-07;
Tax # 001900-0015-02
Parcel C Lot 1
Tax # 001900-0005-04
Lot 2
Tax # 001900-0010-07
Lot 16
Tax # 733140-0360-01
Lot 15
Tax # 733140-0355-08
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 Safeway Store #531 Fuel Facility Addition
located at the intersection of Auburn Ave NE and Auburn Way N in the City
of Auburn. The site has an area of approximately 0.57 acres and is
currently part of the existing Safeway parking lot and consists of
approximately 95% asphalt concrete pavement. The subject site will be
developed as a fuel station.
The subject site will have catch basins and storm drainage pipe to convey
runoff to the existing on-site storm drainage system. The non-pollution
generating roof runoff will be collected and piped directly to the on-site
storm drainage system, thus bypassing the water quality facility.
Storm Water Easement and Maintenance Agreement
Page 6 of 12
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 Stormceptor manhole located at the northwesterly corner of the
fuel site. Here the storm water will be released into the existing storm
drainage system located within the Safeway parking lot. This system
discharges to the existing trunk system within Auburn Way S.
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/
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. 5 - Catch Basins
No. 16 - Baffle Oil/Water Separators
(Department of Ecology Storm Water Manual, August 2001).
Treatment BMP'S
A Stormceptor manhole has been installed to treat runoff for conventional
pollutants. The Stormceptor manhole was designed to treat 100% of the
100-year storm event for water quality treatment. With regard to detention,
it is understood, speaking with the City of Auburn, that a regional detention
facility serves the existing trunk storm drain system located within Auburn
Way S.
Storm Water Easement and Maintenance Agreement
Page 7 of 12
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 Stormceptor 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.
The Stormceptor manhole shall be cleaned when accumulated sediment
depth is equal or greater than 0.5 feet.
Person of Responsibility:
Safeway, Inc.
1121 124th Ave. NE
Bellevue, WA 98005
Phone 425-637-2213
Contact: Presiding Manager
Design Engineer:
Bush, Roed & Hitchings, Inc.
2009 Minor Ave. East
Seattle, WA 98102-3513
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
Storm Water Easement and Maintenance Agreement
Page 8 of 12
responsibility are to be reported to the City Utilities Sections. Changes to
ownership shall be reported to the City of Auburn's Utilities Section.
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
D`A 4 IN
PELT QN/MAI
T ANA
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Stormceptor
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
Oil/Water Separator
Inspection
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 12
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
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
Storm Water Easement and Maintenance Agreement
Page 10 of 12
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance'ts'r .
performed { .
General
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.
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 112 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 I 1 of 12
No. 16 - Baffle Oil/Water Separators
Maintenance
Defect
Condition When Maintenance\is
Results Expected When
Component
N'eed'ed
Maintenance is Performed
General
Monitoring
Inspection of discharge water for
Effluent discharge from vault should
obvious signs of poor water
be clear with out thick visible sheen.
quality.
Sediment
Sediment depth in bottom of vault
No sediment deposits on vault
Accumulation
exceeds 6-inches in depth.
bottom that would impede flow
through the vault and reduce
separation efficiency.
Trash and Debris
Trash and debris accumulation in
Trash and debris removed from
Accumulation
vault, or pipe inlet/outlet,
vault, and inlet/outlet piping.
floatables and non-floatables.
Oil Accumulation
Oil accumulations that exceed 1-
Extract oil from vault by vactoring.
inch, at the surface of the water.
Disposal in accordance with state
and local rules and regulations.
Damaged Pipes
Inlet or outlet piping damaged or
Pipe repaired or replaced.
broken and in need of repair.
Access Cover.
Cover cannot be opened,
Cover repaired to proper working
Damaged/Not
corrosion/deformation of cover.
specifications or replaced.
Working
Vault Structure
Vault replaced or repairs made so
Damage - Includes
that vault meets design
Cracks in Walls
See "Catch Basins" (No. 5)
specifications and is structurally
Bottom, Damage to
sound.
Frame and/or Top
Slab
Cracks wider than 1/2-inch at the
Vault repaired so that no cracks
joint of any inlet/outlet pipe or
exist wider than 1/4-inch at the joint
evidence of soil particles entering
of the inlet/outlet pipe.
through the cracks.
Baffles
Baffles corroding, cracking,
Baffles repaired or replaced to
warping and/or showing signs of
specifications.
failure as determined by
maintenance/inspection person.
Access Ladder
Ladder is corroded or
Ladder replaced or repaired and
Damaged
deteriorated, not functioning
meets specifications, and is safe to
properly, not securely attached to
use as determined by inspection
structure wall, missing rungs,
personnel.
cracks, and misaligned.
Storm Water Easement and Maintenance Agreement
Page 12 of 12