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Home My WebLink About20050309001896 STORM EASEMENT 030905r f Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20050309001896 PACIFIC NW TIT AG 28.00 PAGE001 OF 010 03/09%2005 15:35 KING COUNT)', 14A Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT BLD04-0447 Reference # (if applicable): N/A Grantor/Borrower: OCO SM7 LLC la-- Grantee/Assignee/Beneficiary: City of Auburn Legal DescriPtion/STR: NW'/.24-21N-04E (R, gka~ Assessor's Tax Parcel ID#: 030150-0340 THIS EASEMENT AND AGREEMENT made and entered into this day of Ax~ttnw 2005, by and between the City of Auburn, a municipal corporation of King C&ky, Washington, hereinafter referred to as "CITY" and OCO SM7, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for a multi-tenant retail building located at 1102 Super Mall Way SW, Auburn, WA 98001, 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 Said doautte vgs) vwerefiled for record by Padflc Northwest TW as aoommodadon only. it has not been axwnlned as to pnpsr examloon,or as to 118 affect upon t1de. Storm Water Easement and Maintenance Agreement Page 1 of 10 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 as; LOT G OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 9412130489 KING COUNTY, WASHINGTON. 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. BLD04-0447, 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 above, and shall be a benefit to the City Storm Drainage 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 "A" 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 Storm Water Easement and Maintenance Agreement Page 2 of 10 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 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. CITY OF AUBURN 2-If -0s, m Carlaw, Storm Drainage Engineer Date 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 of such party for the uses and purposes mentioned in this instrument. Dated rq/o /0 e" B A00, ; r O ~OTARy 9(P r C-) i PUB00 ? ;A 0 ~t L . fJ ra-J1 (~,-(,r Notary Public in and for the State of Wfishington Residing at I~tcQ ` ~a u n+ 4- My appointment expires 14 /a 7L Storm Water Easement and Maintenance Agreement Page 3 of 10 EXECUTED as of the date first written above OCO SM7, LLC, A Washington Limited. Liability Company By: OCO Properties, LLC Manager By: opt., A I bc* J el Ingrah ,Manager ate STATE OF WASHINGTON) )ss. County of Snohomish ) I certify that I know or have satisfactory evidence that Joel Ingraham 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 MANAGER of OCO PROPERTIES, LLC, THE MANAGER OF OCO SM7, LLC, the limited liability company that executed the foregoing instrument, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated +~~~.....rrrrrr BADS''++++ • U .....o 01 PUBt.~G ;'a = Notary Publics i~n-- ndd for the State of Washington /,,~Nyq~ '~r19•~;~~~~~-r Residing at QS C-Z (..,q My appointment expires Storm Water Easement and Maintenance Agreement Page 4 of 10 EXHIBIT `A' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPEATION SCHEDULE for AUBURN RETAIL - PHASE III BLDG. NO. BLD04-0447 STM. NO. STM05-0005 GRA. NO. GRA05-0004 Site Address: The project is located in NW 1/4 (Section) 24 -Township 21 North - Range 4 East, W.M., 1102 Supermall way SW, Auburn, WA 98001. The tax parcel number is 0301500340. 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 Auburn Retail - Phase III located at 1102 Supermall Way SW. The project is the third and final phase of the development of the Supermall Outparcels 5, 6 and 7. The site has an area of approximately 0.75 acres and is currently undeveloped with sidewalks on the south and east sides. The site is relatively flat. The subject site will be developed into a freestanding multi-tenant retail building, with a total of 6 units. The subject site, when developed, will have 0.4 acres of paved parking and driveways, 0.17 acres of building area, 0.07 acres sidewalks, and 0.05 acres of new landscaping. The remaining 0.06 acres of perimeter landscaping will remain undisturbed. 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 an existing 36" storm main located along the south property line, along 15th Street SW. The storm main conveys storm water to existing treatment and detention facilities, which serve the entire Supermall area. Storm Water Easement and Maintenance Agreement Page 5 of 10 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 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 (from the Department of Ecology Storm Water Manual, August 2001) No. 5 - Catch Basins Treatment BMP'S: No treatment BMP's have been installed with this project. The regional treatment and detention facilities constructed for the Supermall were sized to include this parcel. The City of Auburn Storm Drainage Utility 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 of Auburn Storm Drainage Utility section. Storm Water Easement and Maintenance Agreement Page 6 of 10 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 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 catch basins and landscaping 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: OCO SM7, LLC 18023 Hwy 99, Suite I Lynwood, WA 98037 (425) 744-0900 Contact: Joel Ingraham Design Engineer: KPFF Consulting Engineers 711 Court'A', Suite 202 Tacoma, WA 98402 (253) 396-0150 Contact: Mark R. Steepy, P.E., John Scharf Plan and/or Information Updates: The City of Auburn Storm Drainage Utility 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 Storm Drainage Utility section. Storm Water Easement and Maintenance Agreement Page 7 of 10 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE MTEM N I SPECTION/M%11 NTEN Nth 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 8 of 10 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component E Maintenance is performed General Trash & Debris Trash or debris which is located immediately in No Trash or debris located front of the catch basin opening or is blocking immediately in front of catch inletting capacity of the basin by more than 10%, basin or on 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 the catch basin. 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 blocking Inlet and outlet pipes free of more than 113 of its height. trash or debris. Dead animals or vegetation that could generate No dead animals or odors that could cause complaints or dangerous vegetation present within the gases (e.g., methane). catch basin. Sediment Sediment (in the basin) that exceeds 60 percent of No sediment in the catch the sump depth as measured from the bottom of . basin. 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 inches or Top slab is free of holes and Damage to cracks wider than 1/4 inch. 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 the separations of more than 3/4 inch of the frame riser rings or top slab and from the top slab. Frame not securely attached firmly attached. Fractures or Maintenance person judges that structure is Basin replaced or repaired to Cracks in Basin unsound. design standards. Walls/ Bottom Grout fillet has separated or cracked wider than Pipe is regrouted and secure 1/2 inch and longer than 1 foot at the joint of any at basin wall. inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ if failure of basin has created a safety, function, or Basin replaced or repaired to Misalignment design problem. design standards, Vegetation Vegetation growing across and blocking more No vegetation-blocking than 10% of the basin opening. opening to basin. Vegetation growing in inlet/outlet pipe joints that No vegetation or root growth is more than six inches tall and less than six present. inches apart. Contamination See "Detention Ponds" (No. 1). No pollution present. and Pollution Storm Water Easement and Maintenance Agreement Page 9 of 10 No. 5 - Catch Basins Maintenance Defect? Conditions When -Maintenance is Needed; Results Expected When Component Maintenance is performed Catch Basin Cover Cover Not in Cover is missing or only partially in place. Any Catch basin cover is closed. Place open catch basin requires maintenance. Locking Mechanism cannot be opened by one maintenance Mechanism opens with Mechanism Not person with proper tools. Bolts into frame have proper tools. Working less than 1/2 inch of thread. Cover Difficult One maintenance person cannot remove lid after One maintenance person can to Remove applying normal lifting pressure. remove cover. (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, misalignment, standards and allows rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 7/8 inch. Grate opening meets design (If Applicable) Unsafe standards. Trash and Trash and debris that is blocking more than 20% Grate free of trash and Debris of grate surface inletting capacity. debris. Damaged or Grate missing or broken member(s) of the grate. Grate is in place and meets Missing. design standards. Storm Water Easement and Maintenance Agreement Page 10 of 10