Loading...
HomeMy WebLinkAbout20021206002781 STORM EASEMENT 120602A Return Address: ' City of Auburn City Clerk 25 West Main Auburn, WA 98001 .r- n c~ cv N N i I I 200212060027 P PAGE 001 ACIFIC NW TIT EAS 33.00 1 12/06/2002 F15:20 _ KING COUNTY, WA lgsid fnern(s) were filed kv - - f bi P891flo Northwest Title as EXC#A ~fii@d§tl®fj only, It has not been U1, D *djEvi IMOM111@0 as to proper execution or 9§ tip 4 effect upon title. Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC02-0013 Reference # (if applicable): N/A Additional on page: . Grantor/Borrower: 1) Lakeridge Development, Inc 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn r Legal Description/STR: NE 1/a, 7-21-05E Additional on page: Assessor's Tax Parcel ID#: 072105-9045 . T S EASEMENT AND AGREEMENT made and entered into this day of 20 OZ, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Lakeridge Development, Inc., located at P.O. Box 146, Renton WA 98057, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at River Park Plat located at SE 304th Place 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 A 0, 1. 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: aea Section 1, EASEMENT PROPERTY OWNER hereby provides an easement over, under and on that portion of the o property, as showing on the approved Record Drawings revised pursuant to construction records acv for the City of Auburn under Permit No. FAC02-0013, 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 15 :r 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 L CM STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that _~l . and are the persons who appeared before me, and said persons rv acknowledged that they signed this instrument, on stated th t the were authorized to CM execute the instrument and acknowledged it as the and of a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated tfJL_ PAUL E. MORROW STATE OF WASHINGTON NOTARY- --PUBLIC WY COUaISSIOR EXPIRES 7-15-04 No ary Public i and for the State of Washington residing at My appointment expires Storm Water Easement and Maintenance Agreement Page 3 of 15 Owner Date STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that , V 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 DIRECTOR OF PUBLIC WORKS 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 1a ao ~ Dgs~~~t1 p N lop GI , OP , Notary Public ' and for the Slate of Washington ~i c~ : residing at r " 2y My appointment expires !l1-56--3 r. . sue' ClV, 1 WW/bl REF. RDevelopment\FormALegal Documents\#855-River Park Storm Water Plan Storm Water Easement and Maintenance Agreement Page 4 of 15 EXHIBIT `A' NEW LOT 1 PARCEL NUMBER: 0721059045 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTHEAST CORNER OF SAID BEGINNING AT THE ENCASED MONUMENT MARKING SECTION 7 FROM WHICH AN ENCASED STREET CENTERLINE MONUMENT MARKING THE EAST LINE OF SAID SECTION 7 BEARS SOUTH 00°00'00" WEST, 133.90 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 7 SOUTH 00°00'00" WEST, 25.00 FEET; THENCE NORTH 90°00'00" WEST, 25.06 FEET; THENCE SOUTH 45°04'00" WEST, 6.98 FEET TO THE WEST TH AVENUE SOUTHEAST; THENCE ALONG SAID WEST MARGIN SOUTH MARGIN OF 100 00°00'00" WEST, 221.00 FEET TO THE SOUTH LINE OF THE NORTH 246.00 FEET OF SAID ALONG SAID SOUTH LINE NORTH 89°52'00" WEST, 191.78 FEET; SECTION 7;, THENCE THENCE NORTH 43°19'58" WEST, 20.70 FEET TO THE NORTHWESTERLY LINE OF LOT A OF KING COUNTY LOT LINE ADJUSTMENT NUMBER L93L0190; THENCE ALONG SAID TO THE NORTHERLY MARGIN NORTHWESTERLY LINE ao SOUTH 45°04'00" WEST, 190.25 FEET OF GREEN RIVER ROAD; THENCE ALONG SAID N NORTHERLY MARGIN NORTH 44°18'08" WEST, 236.49 FEET TO A CURVE THE RADIUS POINT OF WHICH BEARS NORTH 45°41'52" EAST, 690.00 FEET; THENCE ~o NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL 20°22'44" AN ARC o LENGTH OF 245.42 FEET TO THE NORTH LINE OF SAID ANGLE OF SECTION 7; THENCE ALONG SAID NORTH LINE SOUTH 89°52'00" EAST, 672.75 FEET TO THE POINT OF BEGINNING. J 0 cov CONTAINING 3.58 ACRES, MORE OR LESS. Storm Water Easement and Maintenance Agreement Page 5 of 15 EXHIBIT `B' STORMWATER POLLUTION PREVENTION PLAN For RIVER PARK SEPA # SEP00-0050 FAC # FAC02-0013 r. Site Address: The project is located in the Northeast 1/a of the Northeast 1/a of Section 7, Township 21 North, Range 5 East, W.M., at the intersection of 100th Avenue S.E. and S.E. 304th place. The Tax Parcel # 072105-9045. 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 River Park located at the intersection of 100th Avenue S.E. and S.E. 304th Place. The site has an area of approximately 3.58 acres and is currently undeveloped. The subject site will be developed into an 18 lot, single family residential plat. The subject site is generally flat with slopes that are less than 1%. Most of the stormwater on the site infiltrates into the existing soils. 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 pipes to a flow control structure, and then into a bioswale located in the west end of the site. Here, the storm water will be released into 12" pipe that will discharge into a storm water infiltration gallery located in the west end of the site. 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. Storm Water Easement and Maintenance Agreement Page 6 of 15 Prevention BMP'S The catch basins shall have stenciled on them "DUMP NO WASTE - DRAINS TO STREAM. The owners (Home Owners Association) shall be responsible for sweeping the street, installing storm drainage stenciling and provide spill control procedures. In case of spill call DOE at 1-425-649-7000. The catch basins, infiltration gallery, 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 Ex. A - Infiltration Gallery No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins No. 8 - Typical Biofiltration Swale (Department of Ecology Storm Water Manual, August 2001). Since the 2001 DOE Storm Water Manual does not address the maintenance of an Infiltration Gallery directly, Maintenance Standards for the Infiltration Gallery were created by combining the appropriate Maintenance, Practices for various r' facilities found in the 2001 DOE Storm Water Manual. Treatment BMP'S C= A typical biofiltration swale has been installed to treat runoff for conventional pollutants. The biofiltration swale was designed to treat 64% of the 2-year storm , event (water quality storm) for water quality treatment. In addition, the infiltration gallery was designed to infiltrate the volume created from releasing half the existing 2-year, 10, 25, and 100 year storm events, while holding also infiltrating the developed 2-year, 10, 25, and 100 year storm volumes. The City of Auburn Utilities Section is to review and approve any changes to this stormwater 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. Storm Water Easement and Maintenance Agreement Page 7 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 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 street and driveways should be kept clean and in good repair. Events such as major storms or heavy winds will require immediate inspections for damages. To ensure proper water quality and treatment, the biofiltration swale must be ITN properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If the biofiltration swale side slopes become b o . eroded over 1 inch deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Lakeridge Development, Inc. P.O. 146 Renton, WA 98057 (425) 228-9750 Design Engineer: DBM Consulting Engineers 50216 th Street NE Suite 312 Auburn, WA 98002 253.887.0924 Plan and / or Information Updates: The City of Auburn Utilities Section is to review and approve any changes to this stormwater 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. (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) f Storm Water Easement and Maintenance Agreement Page 8 of 15 INSPECTION/MAINTENANCE CHECKLIST 0 CV cv . STRUCTURE DATE OF_INSPECTION/MAINTENANCE Results/ Maintenance Date Inspection All catch basins Results Maintenance Done Infiltration Gallery/ Inspection Biofiltration Swale Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 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, a exceeding these conditions at any time between inspections and/or maintenance does not automatically constitute a violation of these o 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 A Z ` requires a maintenance action. 4' Storm Water Easement and Maintenance Agreement Page 10 of 15 Ex. A - Infiltration Gallery ran w ,rte, j ~ Maintenance Coponent -Defect Conditions When Maintenance Is Nee e d y Results Expected When Maintenance Is= Storage Area Debris and Accumulated sediment depth exceeds 10% All sediment and debris (infiltration pipe) Sediment of the diameter of the storage area for 1/2 removed from storage length of storage area or any point depth area. exceeds 15% of diameter. (Example: 72-inch storage tank would require cleaning when sediment reaches depth of 7 inches for more than 1/2 length of tank.) Joints Between Any openings or voids allowing material to All joint between pipe Pipe Section be transported into facility. sections are sealed. (Will require engineering analysis to determine structural stability). Pipe Bent Out of Any part of pipe is bent out of shape more Pipe repaired or replaced Shape than 10% of its design shape. (Review to design. required by engineer to determine structural stability). Sediment Water ponding in infiltration gallery 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). Pre-settling Facility or sump 6" or designed sediment trap depth of Sediment is removed. manholes filled with Sediment sediment. and/or debris Manhole Cover Not in Place Cover is missing or only partially in place. Manhole is closed. Any open manhole requires maintenance. Locking Mechanism Mechanism cannot be opened by one Mechanism opens with Not Working maintenance person with proper tools. proper tools. Bolts into frame have less than 1/2 inch of thread (may not apply to self-locking lids). Cover Difficult to One maintenance person cannot remove lid Cover can be removed Remove after applying normal lifting pressure. Intent and reinstalled by one is to keep cover from sealing off access to maintenance person. maintenance. Ladder Rungs Ladder is unsafe due to missing rungs, Ladder meets design Unsafe misalignment, not securely attached to standards. Allows structure wall, rust, or cracks. maintenance person safe access. Storm Water Easement and Maintenance Agreement Page 11 of 15 No. 4 - Control Structure/Flow Restrictor CIV O tczp a CN in ence Defecf Condit onWFien Maintenance isNeeded Results)EOected ' e P ` mponent i-, nt When Maintenanc C General Trash and Debris Material exceeds 25% of sump depth or 1 Control structure (Includes Sediment) foot below orifice plate. orifice is not blocked. All 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 water tight; structure repaired or replaced and works as designed. Any holes--other than designed holes--in Structure has no the structure. holes other than designed holes. Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. Gate cannot be moved up and down by one Gate moves up and maintenance person. 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 Plate is in place and to 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 "Infiltration See "Infiltration Gallery". See "Infiltration Gallery". Gallery". 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 ca 011 e.; :y .uv Maintenance { - Defect rConditions When Maintenance isNeeded :Results Expected'Wfien Com, ponent Maintenance.is e`rformed 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 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 13 of 15 No. 5 - Catch Basins rN 0 Cz tv k-.4 CIV Maintenance Defect' Conditions When -Wintenance-is Needed - ResuIts-, 0 cted When Component r :cam spy Maintenance is peformed 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 Any evidence of oil, gasoline, contaminants No pollution present. and Pollution or other pollutants (Coordinate removal/cleanup with local water quality response agency). 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 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 14 of 15 No. 8 -Typical Biofiltration Swale Ir- m N c~ 0 N V_ C14. CM •o cr+ I V_41 .,+r ,Maintenance ,-'ham t A 4.. Defect or tis1:.v =4:5' Condition-Where-.r :......o.- . , ' s Recommended Maintenance'to Correct' "Component.-:- Problem Maintenance is Needed :Problem x General Sediment Sediment depth exceeds 2 Remove sediment deposits on grass Accumulation on inches. treatment area of the bio-Swale. When Grass finished, swale should be level from side to side and drain freely toward outlet. There should be no areas of standing water once inflow has ceased. Standing Water When water stands in the Any of the following may apply: remove swale between storms and sediment or trash blockages, improve does not drain freely. grade from head to foot of swale, remove clogged check dams, add underdrains or convert to a wet biofiltration swale. Flow spreader Flow spreader uneven or Level the spreader and clean so that clogged so that flows are not flows are spread evenly over entire swale uniformly distributed through width. entire swale width. Constant When small quantities of Add a low-flow pea-gravel drain the length Baseflow water continually flow through of the swale or by-pass the baseflow the swale, even when it has around the swale. been dry for weeks, and an eroded, muddy channel has .formed in the swale bottom. Poor Vegetation When grass is sparse or bare Determine why grass growth is poor and Coverage or eroded patches occur in correct that condition. Re-plant with plugs more than 10% of the swale of grass from the upper slope: plant in the bottom. swale bottom at 8-inch intervals. Or re- seed into loosened, fertile soil. Vegetation When the grass becomes Mow vegetation or remove nuisance excessively tall (greater than vegetation so that flow not impeded. 10-inches); when nuisance Grass should be mowed to a height of 3 weeds and other vegetation to 4 inches. Remove grass clippings. starts to take over. Excessive Grass growth is poor If possible, trim back over-hanging limbs Shading because sunlight does not and remove brushy vegetation on reach swale. adjacent slopes. Inlet/Outlet Inlet/outlet areas clogged Remove material so that there is no with sediment and/or debris. clogging or blockage in the inlet and outlet area. Trash and Trash and debris Remove trash and debris from bioswale. Debris accumulated in the bio-swale. - Accumulation Erosion/Scouring Eroded or scoured swale For ruts or bare areas less than 12 inches bottom due to flow wide, repair the damaged area by filling channelization, or higher with crushed gravel. If bare areas are flows. large, generally greater than 12 inches wide, the swale should be re-graded and re-seeded. For smaller bare areas, overseed when bare spots are evident, or take plugs of grass from the upper slope and plant in the swale bottom at 8-inch intervals. Storm Water Easement and Maintenance Agreement Page 15 of 15