The URL can be used to link to this page

Home My WebLink About20100106000314 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 111909Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 111111111111111111111111111111111112010 9TR 0314 60 0 138.00 'it mbc•r reserved for information. STORM WATER EASEMENT AND MAINTENANCE Reference # (if applicable): N/A FAC09-0006 Grantor/Borrower: OSCAR A CASTILLO and CHANDA K GROVES DE CASTILLO Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: LOT 1 BLOCK 1 YOUNGS IIT ADDITION TO AUBURN. ACCORDING TO THE PLAT THEREOF, RECORDED IN VOL 21 OF PLATS, PAGE(S) 24 IN KING COUNTY, WA EXCISE rAX NUT I REQUIRED Assessor's Tax Parcel ID#: 984330-0005 THIS EASEMENT AND AGREEMENT made and entereT nto this -Z day of nl n t. n,g b.i,C , 2009, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and OSCAR A CASTILLO and CHANDA K GROVES DE CASTILLO hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for a carpet cleaning service located at 704 A Street Southeast, 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 9 ky'q *Cuffw.,r l were fM:0s i= e 'Sr ~;~hwpst TPt!s am fie] 3b ,.`8l~ 5T-Ux Storm Water Easement and maintenance Agreement przxrrnrrz~itz~'an ora'y. Page 1 of 15 ~r;Urtti!ticxl s§3 0 pra{',0r "OGUUM 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" & "B" 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. FAC09-0006, 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" & "B" and incorporated herein by this reference, and shall be a benefit to the City Storm Drainage Utility System. Section 2, HEIRS, SUCCESSORS AND ASSIGNS parties. This Agreement shall be binding upon the heirs, successors and assigns of the Storm Water Easement and Maintenance Agreement Page 2 of 15 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 "C" 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 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. STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that C3" Q-4 ( C4-'s 1--I 110 and Chti ,,l IZ C' oyy3 Q.4s (tg is/are the person(s) who appeared before me, and said individuals(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated I I / I c, I oq i) I C~ \ BA { "I/ 1 Li y Notary Public ~d for the St of Washington - . - £ residing at I i~ Lc K~ k- h `1 [per Ay.o 4F OZ My appointment expires f I R ~i i 71 0, - 9A 4? K ti//I[FOF W AS~`e~` ; Storm Water Easement and Maintenance Agreement Page 4 of 15 CITY OF AUBURN Tim Carlaw, Storm Drainage E gineer 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 'I /dd/h . BAC) it ~assar~Upr4ry~~ 1"5a + a$ i 0 /h~..pF WAS_,.. k 13 Notary Public m.-Nd for the Stat@ of Wad'hington Residing at t " o k. r -I My appointment expires 1, 119 1" MB/tlb File: #1262 REF: H:ADevelopmentVProjectsVPoblano Carpet Cleaning Office ConversionAFAC09-0006 Poblano Carpeftegal Documents Storm Water Easement and Maintenance Agreement Page 5 of 15 EXHIBIT "A LOT 1, BLOCK 1., YOUNG'S ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 21 OF PLATS, PAGE(S) 24, IN KING COUNTY, WASHINGTON EXCEPT THAT PORTION, THEREOF CONVEYED TO THE CITY Of AUBURN BY DEED RECORDED UNDER RECORDING NUMBER 90021.40824. Storm Water Easement and Maintenance Agreement Page 6 of 15 ~Xk~ 1~L3 l i „~~1 'A ° STREET S. 3' 49'''N_- 25.24' P,=3034.00' A=5'•.42' D=fP 58` i 6" sa --4 r- N ~C W (p Oa D n U 4 tN O hd V W 0 W O Q N 4 C h~ 6 p N W ~ « tD N Storm Water Easement and Maintenance Agreement Page 7 of 15 EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for Poblano Carpet FAC NO. FAC09-0006 Site Address: The project is located in SW '/4 Section 18 Township 21 Range 5 East, W.M., at 704 'A' Street SE The tax parcel number is 9843300005 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 Poblano Carpet located at 704 'A' Street SE. The site has an area of approximately 0.2acres and is currently used as a single family residence. The subject site will be re-developed into a Carpet cleaning Shop with associated garage and parking. The subject site will have a total of 3,170sf of pervious surface and 6,016sf of impervious surface in the developed condition 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 treatment manhole (stormceptor 4501) located near the northeast corner of the site. Here the storm water will be released into a 591f 2'x2' storm water infiltration trench located to the south of the stormceptor under the parking area. The infiltration system provides total retention of all storm water generated by the site. Storm Water Easement and Maintenance Agreement Page 8 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) No.2 - Infiltration No. 5 - Catch Basins Storm Water Easement and Maintenance Agreement Page 9 of 15 Treatment BMP'S: A Stormceptor 450i treatment manhole 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 infiltration system was designed to retain the volume created from the developed 100-year storm volume. 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 Stromceptor 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: Oscar Castillo 1922666 th Ave S Ste L-106 Kent, WA 98032 Phone: 425-656-6759 or 888-368-5967 Design Engineer: Anstey Engineering 8627 NE 180th Street Bothell, WA 98011 Phone: 206-303-7639 Storm Water Easement and Maintenance Agreement Page 10 of 15 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. INSPECTION/MAINTENANCE CHECKLIST STRUCTURE DkT O~ 4N SPECTI?fJ#M+°t~ ; rE . Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 11 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. Storm Water Easement and Maintenance Agreement Page 12 of 15 No. 2 - Infiltration lMaintenance Defect Conditions When Maintenance Is ;Results Expected Component Needed When Maintenance Is Performed' General Trash & Debris See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Poisonous/Noxious See "Detention Ponds" (No. 1). See "Detention Ponds.' Vegetation (No. 1). Contaminants and See "Detention Ponds" (No. 1). See "Detention Ponds" Pollution (No. 1). Rodent Holes See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Storage Area Sediment Water ponding in infiltration pond after Sediment is removed rainfall ceases and appropriate time and/or facility is cleaned allowed for infiltration. so that infiltration system works according to (A percolation test pit or test of facility design. indicates facility is only working at 90% of its designed capabilities. If two inches or more sediment is present, remove). Filter Bags (if Filled with Sediment Sediment and debris fill bag more than 1/2 Filter bag is replaced or applicable) and Debris full. system is redesigned. Rock Filters Sediment and By visual inspection, little or no water flows Gravel in rock filter is Debris through filter during heavy rainstorms. replaced. Side Slopes of Erosion See "Detention Ponds" (No. 1). See "Detention Ponds" Pond (No. 1). Emergency Tree Growth See "Detention Ponds" (No. 1). See "Detention Ponds" Overflow Spillway (No. 1). and Berms over 4 feet in height. Piping See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Emergency Rock Missing See "Detention Ponds" (No. 1). See "Detention Ponds" Overflow Spillway (No. 1). Erosion See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Pre-settling Facility or sump 6" or designed sediment trap depth of Sediment is removed. Ponds and Vaults filled with Sediment sediment. and/or debris Storm Water Easement and Maintenance Agreement Page 13 of 15 No. 5 - Catch Basins Maintenance Defeck 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 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 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. 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, 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