HomeMy WebLinkAbout20100922001473 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 092210 Return Address:
City of Auburn
City Clerk
25 West Main
Auburn,WA 98001 20100922001473
PACIFIC NW TIT EAS
PAGE-001 OF 016 77.00
09/22/2010 15:17
KING COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC06-0036
Reference#(if applicable): N/A [l
Grantor/Borrower: Centioli Family,LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SW'/n-S7-T21N-R5E (
Assessor's Tax Parcel ID#: 333990-0775
S THIS EASEMENT AND AGREEMENT made and entered into this ( 3 day of
err , 2010, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY," and
Centioli Family,LLC hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Centioli Plaza located at East side of Auburn Way
North,between 10th Street NE and 12th Street NE, 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 C
fr -*Qt.c#" rY +.i ) wets! �1`i'z Icn
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Storm Water Easement and Maintenance Agreement :?s:t'r4T d prwer a*ocu&'
Page 1 of 16
EXCISE TAX NOT REQUIRED
King Co. Recor•s Division
if .viy
7
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.
FAC06-0036, 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
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 "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.
Storm Water Easement and Maintenance Agreement
Page 2 of 16
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 16
EXECUTED as of the date first written above.
CE - Tt LI FA/111_1/41 LLC
ezrELIEEEil
c?
rized Auth rized Signature Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that -Took) U • + .'s vt
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
of the Centioli Family,LLC a limited liability company,to the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated a1 is(
li
diet,/ 1L' fi ' i 4
� �.,�AAAyt94Id Whys ( L 2/i11 i �►
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Notary Public rand—or the State of Washi oon
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�My appointment expires hi
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Storm Water Easement and Maintenance Agreement
Page 4 of 16
CITY OF AUBURN
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 9/90/i()
7>-71i,cd Ck4,
=
17:11 ota'► ��'� % Notary Publi& 'n and for the Stat f Was ingYOn
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i s • - Residing at 'l th Q..(2 c a vet
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HS/tlb/rt
File:#1122
REF: H:\Development\Projects\Centioli Plaza\FAC06-0036 Centioli Plaza\Legal Documents\2010
Storm Water Easement and Maintenance Agreement
Page 5 of 16
EXHIBIT `A`
SITE LEGAL DESCRIPTION FOR STORMWATER EASEMENT AND MAINTENANCE AGREEMENT
PARCEL'A' OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO.BLA 08-004, UNDER RECORDING NO. 20081105900004,
RECORDS OF KING COUNTY,WASHINGTON.
EXCEPT THE SOUTH 2.5'THEREOF.
AND EXCEPT THAT PORTION OF THE AFOREMENTIONED PARCEL'A',DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 'A'; THENCE ALONG THE NORTH LINE THEREOF, 587°18'27"W
219.31;THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 12.00',THROUGH A CENTRAL ANGLE OF
86°46'32",FOR AN ARC DISTANCE OF 18.17';THENCE N59°30'18"E 13.56'TO A POINT ON A LINE BEING PARALLEL WITH AND 5'
SOUTH OF SAID NORTH LINE;THENCE ALONG SAID PARALLEL LINE,N87°18'27"E 218.97'TO A POINT ON THE EAST LINE OF SAID
PARCEL'A';THENCE ALONG SAID EAST LINE,N00°58'55"E 5.01'TO THE POINT OF BEGINNING.
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Storm Water Easement and Maintenance Agreement
Page 6 of 16
I EXHIBIT 'B'
5' PROPOSED R/W-
I (EXCEPTION) —
— —12TH STREET NE N — -
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,� PARCEL'A' C.D. HILLMAN'S
BLA 08-004 AUBURNDALE
/ k REC. #20081105900004
ADDITION TO
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DIVISION NO. 2
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10TH STREET NE 2.5' PROPOSED R/1H
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1" = 100' /Sky
0 50 100 200 1; 1 #215 : bk. o `�J1Jy.gf j A t
CEN11OLI FAMILY LLC t 7 r cismie J�SL 10305 Canyon Rd. E.
,; � 0NAL Lip S r Puyallup, WA 98373
R:\RS\Prof\5428\dwg\5428ease.dwg 2/25/2009 +,, 253) 845-0048
Storm Water Easement and Maintenance Agreement
Page 7 of 16
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
for the
CENTIOLI PLAZA
SEPA NO. SEP05-0026
FAC NO. FAC06-0036
Site Address:
The project is located in the SW 1/4 of the SW 1/4 of Section 7-TWN 21-RGE
5 East, W.M., 1002 Auburn Way North. The tax parcel number is
3339900775.
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 Centioli Plaza located at
1002 Auburn Way North. The site has an area of approximately 2.58
acres and is currently a previously disturbed vacant lot with several small
building foundations, trees, and vegetation. The subject site will be
cleared, and developed into a commercial site consisting of 3 commercial
buildings, and associated parking, utilities, pedestrian access, lighting and
landscaping.
The subject site will implement pervious concrete for nearly all paving
surfaces, as well as a rain garden for storm water management. All storm
water will infiltrate into the native soils onsite.
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 the
pervious concrete and rain garden areas onsite. This water will be treated
and infiltrate into the native soils below.
Storm Water Easement and Maintenance Agreement
Page 8 of 16
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:
• Maintenance Standards for Drainage Facilities (from the City of Auburn
Surface Water Management Manual, 2009)
No. 20 — Bioretention Rain Gardens
No. 21 —Cistern
No. 24 — Pervious Pavement
Treatment BMP'S:
Pervious concrete and a rain garden have been installed to treat runoff for
conventional pollutants. The facilities were designed to treat 100% of the
100-year storm event for water quality treatment. In addition, the infiltration
design was sized to infiltrate 100% of the 100-year storm event.
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 pervious concrete and
rain garden must be properly maintained. Be careful to avoid introducing
landscape fertilizer to receiving waters or groundwater. If rain garden side
slopes become eroded over 2" deep, stabilize by using appropriate erosion
control measures (e.g., rock reinforcement, planting of grass, compaction).
Storm Water Easement and Maintenance Agreement
Page 9 of 16
Person of Responsibility:
Centioli Family, LLC
PO Box 80068
Seattle, WA 98108
Todd Biesold: 206-391-1275
Design Engineer:
2020 ENGINEERING, Inc
814 Dupont Street
Bellingham, WA 98225
360-671-2020
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
I± Ii t AINTE Af5 O .
s s :`::i 'iCi d i iL::2?:f 3 3iZY ii' i' '3 # i`i;i i ii<::?:'.. 'i 2 {'s 3i ;i;i i:i2:i.i' iGi
Results!
Maintenance Date
Pervious Concrete Inspection
Results
Maintenance
Done
Rain Garden Inspection
Results
Maintenance
Done
Cistern Inspection
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 10 of 16
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. 20—BIORETENTION RAIN GARDENS
Maintenance Defect: Conditions When Maintenance is Results Expected When
Component Needed Maintenance is Performed
Ponding Area Cracks or failure Cracks wider than'A inch or Vault repaired or replaced so
in concrete maintenance/inspection personnel that it meets design
planter reservoir determine that the vault is not specification and is structurally
structurally sound sound
Failure in Erosion(gullies/rills)greater than 2 Eliminate source of erosion
earthen reservoir inches around inlets,outlet, and along and stabilize damaged area
(embankments, side slopes (regrade, rock,vegetation,
dikes, berms, erosion control blanket)
and side slopes)
Settlement greater than 4 inches Restore to design height
(relative to undisturbed sections of the
berm)
Downstream face of the berm or Plug holes. Contact
embankment wet,seeps or leaks evident geotechnical engineer ASAP.
Any evidence of rodent holes or water Eradicate rodents and repair
piping around holes if facility acts as a holes(fill and compact)
dam or berm
Sediment or Accumulation of sediment or debris Remove excess sediment or
debris debris. Identify and control the
accumulation sediment source, if feasible.
Facility should be free of
material. May contain standing
water.
Rockery Rock walls are insecure Stabilize walls
reservoir or walls
Basin inlet via Soil is exposed or signs of erosion are Repair and control erosion
surface flow visible. sources.
Storm Water Easement and Maintenance Agreement
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NO.20—BIORETENTION RAIN GARDENS
Maintenance Defect Conditions When Maintenance is Results Expected When
Component Needed Maintenance is performed
Basin inlet via Sediment,vegetation,or debris partially Clear the blockage. Identify
concentrated or fully blocking inlet structure the source of the blockage and
flow(e.g.curb take actions to prevent future
cuts) blockages.
Basin inlet Water splashes adjacent buildings Reconfigure/repair blocks.
splash block
failure Water disrupts soil media.
Inlet/outlet pipe Pipe is damaged. Repair/replace pipe.
failure
Pipe is clogged. Remove roots or debris.
Outlet pipe/ Sediment,vegetation, or debris is Clear the blockage. Identify
structure failure partially or fully blocking the outlet the source of the blockage and
structure. take actions to prevent future
blockages.
Trash rack Trash or debris present on trash rack. Clean and dispose of trash.
failure
Bar screen damaged or missing. Replace bar screen.
Check dams and Sediment,vegetation,or debris is Clear the blockage. Identify
weirs failures partially or fully blocking the check dam the source of the blockage and
or weir. take actions to prevent future
blockages.
Ponding Area Check dams and Erosion and/or undercutting is present. Repair and take preventative
weirs failures measures to prevent future
erosion and/or undercutting.
Flow spreader Sediment blocks 35%or more of Remove and dispose of
problems ports/notches or,sediment fills 35%or sediment.
more of sediment trap.
Grade board/baffle damaged or not Remove and reinstall to level
level. position.
Overflow/ Overflow spillway is partially or fully Remove and dispose of
emergency plugged with sediment or debris. sediment.
spillway
Native soil is exposed,or other signs of Repair erosion and stabilize
erosion are present. surface of spillway.
Spillway armament is missing. Replace armament.
Bioretention soil Water remains in the basin 48 hours or Ensure that underdrain(if
longer after the end of a storm. present)is not clogged. If
necessary,clear underdrain. If
this is not the problem,the
bioretention soil is likely
clogged. Remove the upper 2
to 3 inches of soil and replace
with imported bioretention soil.
Identify sources of clogging
and correct.
Vegetation Bottom swale Less than 80%of swale bottom is Plant additional vegetation.
vegetation covered with healthy wetland vegetation. Ideally, planting should be
Storm Water Easement and Maintenance Agreement
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NO.20—BIORETENI1ON RAIN GARDENS
Maintenance Defect Conditions When Maintenance is Results Expected When
Component Needed Maintenance is Performed
Upland slope Less than 70%of upland slopes are performed in the fall or winter.
vegetation covered with healthy vegetation.
Trees and Large trees and shrubs interfere with Prune or remove large trees
shrubs operation of the basin or access for and shrubs.
maintenance
Standing dead vegetation is present Remove standing dead
vegetation when covering
greater than 10%of the basin
area. Replace dead vegetation
annually or immediately if
necessary to control erosion
(e.g.on a steep slope).
Mulch Bare spots(without much cover)are Replenish with the appropriate
present or mulch covers less than 3 type of mulch to cover bare
inches deep for compost or 4 inches spots and augment to
deep for coarse,woody mulch. minimum depth.
Clippings Grass or other vegetation clippings Remove clippings.
accumulate to 2 inches or greater in
depth.
Vegetation Noxious weeds Listed noxious vegetation is present. By law, noxious weeds must
See Pierce County noxious weed list. be removed and disposed
immediately. Herbicides and
pesticides shall not be used in
order to protect water quality.
Weeds Weeds are present(unless on edge and Remove and dispose of weed
providing erosion control). material. Herbicides and
pesticides shall not be used in
order to protect water quality.
Irrigation Irrigation system Irrigation system present Follow manufacturer's
(if any) instructions for O&M
Plant watering Plant establishment period (1-3 years) Water weekly during periods
of no rain to ensure plant
establishment
Longer term period(3+years) Water during drought
conditions or more often if
necessary to maintain plant
cover.
Spill Prevention Spill prevention Storage or use of potential contaminants Exercise spill prevention
and Response in the vicinity of the facility. measures whenever handling
or storing potential
contaminants.
Spill response Release of pollutants. Call to report any Cleanup spills as soon as
spill to the Washington Dept.of possible to prevent
Emergency Management contamination of storm water.
1-800-258-5990
Storm Water Easement and Maintenance Agreement
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NO. 20—BIORETENTION RAIN GARDENS
Maintenance Defect> Conditions When Maintenance Is Results Expected When
Component Needed Maintenance is Performed
Training and Training/written Training/written guidance is required for Provide property owners and
Documentation guidance proper O&M tenants with proper training
and a copy of the O&M
manual and Landscape and
Maintenance Manual.
Safety Safety(slopes) Erosion of sides causes slope to exceed Take actions to eliminate the
1:4 or otherwise become a hazard. hazard.
Safety(hydraulic Hydraulic structures(pipes,culverts, Take actions to eliminate the
structures) vaults,etc.)become a hazard to children hazard(such as covering and
playing in and around the facility. securing any openings).
Line of sight Vegetation causes some visibility(line of Prune.
sight)or driver safety issues.
Aesthetics Aesthetics Damage/vandalism/debris accumulation Restore facility to original
aesthetic conditions.
Grass/vegetation Less than 75%of planted vegetation is Take appropriate maintenance
healthy with a generally good actions(e.g. remove/replace
appearance. plants,amend soil,etc.)
Edging Grass is starting to encroach on swale. Repair edging.
Pest Control Mosquitoes Standing water remains in the basin for Identify the cause of the
more than three days following storms. standing water and take
appropriate actions to address
the problem (see Bioretention
Soil above)
Rodents Rodent holes are present near the Fill and compact the soil
facility. around the holes(refer to
Integrated Pest Management).
Storm Water Easement and Maintenance Agreement
Page 14 of 16
NO.21 -CISTERN
Maintenance Defect Conditions When Maintenance is Results Expected
Component Needed When Maintenance Is
Performed
Collection Roof Debris has accumulated Remove debris
Facilities
Gutter Debris has accumulated. Clean gutters(the most
critical cleaning is mid-
to late Spring to flush
the pollen deposits
from surrounding
trees).
Screens at the Screen has deteriorated. Replace
top of the
downspout and Preventative maintenance Clear screen of any
cistern inlet accumulated debris.
Low flow orifice Preventative maintenance. Clean low flow orifice.
Overflow pipe Pipe is damaged. Repair/replace
Pipe is clogged. Remove debris.
Cistern Debris has accumulated in the bottom of Remove debris.
the tank.
Training and Training/written Training/written guidance is required for Provide property
Documentation guidance proper O&M. owners and tenants
with proper training and
a copy of the Ol&M
manual.
Safety Access and Access to cistern required for Any cistern detention
safety maintenance or cleaning. systems opening that
could allow the entry of
people must be
marked: "DANGER—
CONFINED SPACE".
Pest Control Mosquitoes Standing water remains for more than Ensure cause of
three days following storms. standing water is
corrected.Also ensure
all inlets, overflows,
and other openings are
protected with mosquito
screens.
Storm Water Easement and Maintenance Agreement
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NO.24-PERVIOUS PAVEMENT
Maintenance Defect Conditions When Maintenance Is Results Expected
Component Needed When Maintenance Is
Performed
Surface Pervious asphalt Maintenance to prevent clogging with Use conventional street
or cement fine sediment. sweepers equipped
concrete with vacuums.
Prohibit use of sand
and sealant application
and protect from
construction runoff.
Major cracks or trip hazards Fill with patching mixes.
Large cracks and
settlement may require
cutting and replacing
the pavement section.
Utility cuts Any damage or change
due to utility cuts must
be replaced in kind.
Fallen Fallen leaves or debris Remove/dispose
leaves/debris
Interlocking Interlocking paving block missing or Replace paver block
concrete paver damaged.
blocks
Settlement of surface May require resettling
Sediment or debris accumulation Remove/dispose
between paver blocks
Loss of void material between paver Refill per
blocks manufacturer's
recommendations.
Varied conditions Perform O&M per
manufacturer's
recommendations.
Storm Water Easement and Maintenance Agreement
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