HomeMy WebLinkAbout20071107002016 STORM WATER EASEMENT AND MIANTENANCE AGREEMENT 092007(41 C-1 ) )
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
IIII
6
Ab.,.,, "..b ime reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC04-0030
Reference # (if applicable): N/A
Grantor/Borrower: Matson Family Limited Partnership
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW % 06-21-05E
Assessor's Tax Parcel ID#: 000460-0036 000460-0029
THIS EASEMENT AND AGREEMENT made and entered into this dO day of
5Efi GMbf P , 2007, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and
Matson Family Limited Partnership hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for automobile showroom/office and associated parking
located at 2925 Auburn Way North, 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
Storm Water Easement and Maintenance Agreement
Page 1 of 15
EXCISE 1NO- ¢'w:^~'",~.~ Sp.
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almnMOdi"n only. h twc not been
lkamined ac to proper exeoutlon or
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.
FAC04-0030, 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 "C" and incorporated herein by this reference, 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 "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
Storm Water Easement and Maintenance Agreement
Page 2 of 15
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.
Storm Water Easement and Maintenance Agreement
Page 3 of 15
EXECUTED as of the date first written above.
CITY OF AUBURN
- 0 V2610 7
Tim 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 9 /d0 /o
7-PRY
? e.s\G
P11g~ .
tt-*N'.
~E.2Ra ~
Notary PuN44n and for
Residing at s.,, W
My appointment expires
Storm Water Easement and Maintenance Agreement
Page 4 of 15
EXECUTED as of the date first written above.
as
Aut orized Signature Date
Authorized Signature Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that '4 - /4AT~ nip
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
C> U4.,C PWR-lAk& of MmzSOai .eemtty ztmt 7rb A4RTMrf'sittf
a Limited Partnership, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated el ! l
Jp`l`,P Ft7gg@
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My appointment
KT/tlb
File: #1033
REF. H:Development\Projects\Tom Matson Dodge\Legal Documents
Storm Water Easement and Maintenance Agreement
Page 5 of 15
EXHIBIT "A"
LEGAL DESCRIPTION
Lot A, City of Auburn Boundary Line Adjustment No. LLA-05-003, recorded under Recording
No. 20050310000499, Records of King County, Washington.
Project Name: Matson Dodge
April 9, 2007
TSL/jss
115001.007.doc
Exhibit: 11500EX02-W L.DWG 1 .1.
.p
EXHIBITS'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
for
TOM MATSON DODGE
FAC NO. 04-0030
Site Address:
The project is located in SW 1/4 Sec. 06 Twn. 21Rng 05 East, W.M.,
2925 Auburn Way No. The tax parcel number is 000460-0036-0029
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 Tom Matson Dodge located at 2925 Auburn
Way No. The site has an area of approximately 2.90 acres and is currently
an office with an automobile showroom and parking lot. The subject site
will be redeveloped to include a new slightly larger building and associated
parking.
The subject site contains an office with an automobile showroom on .45
acres and associated parking on 2.45 acres. The site is covered by the
building and paved parking. The existing storm system consists of CB's and
connected with 10" concrete pipe.
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/Wet Vault located north of the new building. Here
the storm water will be released into a 12" storm drainage line running to
the north connecting into the existing 30" storm main in the south curb line
of 30th Street NE. This system flows directly into the public system located
in Auburn Way North.
Storm Water Easement and Maintenance Agreement
Page 7 of 15
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 (from the Department of
Ecology Storm Water Manual, August 2001)
Treatment BMP'S:
No. 4 - Control Structure/Flow Restrictor
No. 5 - Catch Basins
No. 12 - Wet Vault
A two-celled wet vault has been installed to treat runoff for conventional
pollutants. The wet vault was designed to treat 64% of the 2-year storm
event (water quality storm) for water quality treatment. In addition, the
detention vault 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 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 8 of 15
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 detention/wet vault 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:
Tom Matson
2925 Auburn Way North
Auburn, WA 98002
866/785-4809
Design Engineer:
Barghausen Consulting Engineers, Inc
1821572 nd Avenue South
Kent, Washington
425/251-6222
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 9 of 15
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Detention/ Wetvaul
t
Inspection
Results
Maintenance
Done
Inspection
Conveyance 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. 4 - Control Structure/Flow Restrictor
Maintenance
Defect
Condition When Maintenance is Needed
Results Expected
Component
When Maintenance'
is Performed
General
Trash and Debris
Material exceeds 25% of sump depth or 1
Control structure
(Includes Sediment)
foot below orifice plate.
orifice is not blocked.
Ail 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 watertight;
structure repaired or
replaced and works
as designed.
Any holes, other than designed holes, in the
Structure has no
structure.
holes other than
designed holes.
Storm Water Easement and Maintenance Agreement
Page 11 of 15
No. 4 - Control Structure/Flow Restrictor
MarntenanCe
7 ct
Cendition whk Md anc iS Needed
RgBpl ecte
CerripeneitC
=
-
When $narraq
Cleanout Gate
Damaged or Missing
Cleanout gate is not watertight or is missing.
Gate is watertight
and works as
designed.
One maintenance person cannot move up
Gate moves up and
and down gate.
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 to
Plate is in place and
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 12 of 15
No. 5 - Catch Basins
IlAarrtena
and"'g then'
CstmRo1
®t`
General
Trash &
Trash or debris which is located immediately
No Trash or debris located
Debris
in front of the catch basin opening or is
immediately in front of
blocking inletting capacity of the basin by
catch basin or on grate
more than 10%.
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
separations of more than 3/4 inch of the
the riser rings or top slab
frame from the top slab. Frame not securely
and firmly attached.
attached
Fractures or
Maintenance person judges that structure is
Basin replaced or repaired
Cracks in
unsound.
to design standards.
Basin Walls/
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 repaired
Misalignment
function, or design problem.
to design standards.
Vegetation
Vegetation growing across and blocking more
No vegetation blocking
than 10% of the basin opening.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 13 of 15
No. 5 - Catch Basins
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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
One maintenance person
to Remove
after applying normal lifting pressure.
can 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
(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 14 of 15
No. 12 - Wetvaults
Nlainterfance
t3efect
condition When Mamtetlce .
Results Expeef hart= _
Compritant
_ ;
°i`s Needed -
Malntenan _ornid
General
Trash/Debris
Trash and debris accumulated
Remove trash and debris from vault.
Accumulation
in vault, pipe or inlet/outlet
(includes floatables and non-
floatables).
Sediment
Sediment accumulation in vault
Remove sediment from vault.
Accumulation in
bottom exceeds the depth of the
Vault
sediment zone plus 6-inches.
Damaged Pipes
Inlet/outlet piping damaged or
Pipe repaired and/or replaced.
broken and in need of repair.
Access Cover
Cover cannot be opened or
Pipe repaired or replaced to proper
Damaged/Not
removed, especially by one
working specifications.
Working
person.
Ventilation
Ventilation area blocked or
Blocking material removed or cleared
plugged.
from ventilation area. A specified %
of the vault surface area must provide
ventilation to the vault interior (see
design specifications).
Vault Structure
Maintenance/inspection
Vault replaced or repairs made so
Damage-
personnel determine that the
that vault meets design specifications
Includes Cracks in
vault is not structurally sound.
and is structurally sound.
Walls Bottom,
Damage to Frame
and/or Top Slab
Cracks wider than 1/2-inch at
Vault repaired so that no cracks exist
the joint of any inlet/outlet pipe
wider than 1/4-inch at the joint of the
or evidence of soil particles
inlet/outlet pipe.
entering 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 staff.
Access Ladder
Ladder is corroded or
Ladder replaced or repaired to
Damage
deteriorated, not functioning
specifications, and is safe to use as
properly, not attached to
determined by inspection personnel.
structure wall, missing rungs,
Replace sign warning of confined
has cracks and/or misaligned.
space entry requirements. Ladder
Confined space warning sign
and entry notification complies with
missing.
OSHA standards.
Storm Water Easement and Maintenance Agreement
Page 15 of 15
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18215 72ND AWNUE SOUTH
42
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For: MATSON
DODGE
SITE PLAN
EXHIBIT "C°
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Job Number m
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