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HomeMy WebLinkAbout20030113000703 STORM EASEMENT 011303/I J. 13 2- Return Address: City of Auburn City Clerk 2003011303 T 25 West Main PAGE 001 OF 017 EAS 35 • 00 COUMTY, Auburn, WA 98001 K1/O-1/2003 09 j44 Said document(s) were filed Apr record by Pacific Northwest Title as aOcornmodation only. It has not bwn examined as to proper execwtlon or as to its affect upon title. Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC02.0015 Reference # (if applicable): N/A Additional on page: Grantor/Borrower: M and U Development, LLC 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 1/a, 23-21 AAE Additional on page: Assessor's Tax Parcel 1D#: 232104-9027 & 9039 l1 /35 l N W T V y 0,401 ~ l' HIS EA~E- MlENT AND AGREEMENT made and entered into this day of {v~, W 20 p Z,-by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and M and O Development, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at Hinshaw's Motorcycle Shop located at 1611 West Valley Highway South 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 Stormwater Easement & Maintenance Agreement Page 1 of 17 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 an easement over, under 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. FAC02-0015, 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 Stormwater 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. Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS Stormwater Easement & Maintenance Agreement Page 2 of 17 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 ACTING CITY ENGINEER Owner Date Owner STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Date I certify I have know or have satisfactory evidence that AOACL14 Cyr 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 Y' of the M 4 Q DQV2 OR e t L-L . a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated / a 41-0 2- NOTARY PUBUG STATE OF WASHINGTON - • COMMISSION EXPIRES Notary Public in and for the State of Washington NOVEMBER 13.2006 residing at /KAAK My appointment expires l ^l3^ NO Stormwater Easement & Maintenance Agreement Page 3 of 17 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that EA "f 0' s Sp- 1( E_ 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 ACTING CITY ENGINEER of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mention d in this instrument. Dated 'z/°4 23 i \ L- Bq Q'P• sio At' Notary Public in and for the State of Washingto :•v NOTgR;- m residing at w•~ i ; My appointment expires /03 ~ pt18LIC IlN~ of 9• \WASHN'NCl= C i WW:bi File: #890 Ref: H:Development\Forms\Legal Docs\2002 i:a 1, c r 00. rA8 3!~l8W9 ""TOW MOTO:?MAW 30 -ITATr, r1:1Rl9t3 001201MWV: • Stormwater Easement & Maintenance Agreement Page 4 of 17 EXHIBIT A LEGAL DESCRIPTIONS TAX PARCEL NO. 2321049027 REVISED LOT 3A, PER CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-01-0007, AS RECORDED UNDER RECORDING NO. 2001 1 106001 193, RECORDS OF KING COUNTY, WASHINGTON. TAX PARCEL NO. 2321049039 REVISED LOT 3, PER CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-01-0007, AS RECORDED UNDER RECORDING NO. 20011106001193, RECORDS OF KING COUNTY, WASHINGTON. Stormwater Easement & Maintenance Agreement Page 5 of 17 EXHIBIT B STORMWATER POLLUTION PREVENTION PLAN For Hinshaw's Motorcycle Store SEPA# 01-0016 FAC# 02-0015 GRA# 02-0004 Site Address: The project is located in SW 1/4, NE 1/4, Section 23 - Township 21 N - Range 4 East, W.M. 1611 West Valley Highway South, Auburn, WA 98001. The Tax Parcel # 2321049027 & 2321049039. 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 Hinshaw's Motorcycle Store located at 1611 West Valley Highway South, Auburn, WA 98001. The site has an area of approximately 2.86 acres and is currently undeveloped. The subject site will be developed as a motorcycle sales and repair facility. The subject site will have a two-story, 36,965 sf Hinshaw Motorcycle retail, repair, and office building. The building will cover 0.64 acres, associated parking will cover 1.58 acres, and the rest of the site will be landscaped. 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 tank located under the paved parking on the east portion of the site. Here the storm water will be released into 12" drainage line which will flow into a bioswale. The flow will be released from the bioswale into a 12" storm line that releases water in the northeast corner of the site into a wetland on the property to the north. Stormwater Easement & Maintenance Agreement Page 6 of 17 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 / wet pond, 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 No. 3 -Closed Detention Systems (TanksNaults) No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins No. 8 - Typical Biofiltration Swale (Department of Ecology Storm Water Manual, August 2001). Treatment BMP'S A 100-foot bioswale has been installed to treat runoff for conventional pollutants. The bioswale was designed to treat the 2-year developed flow from the upstream detention tank for water quality treatment. In addition, the detention tank 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 Utilities Section is to review and approve any changes to this storm water Pollution Prevention Plan prior to changes in its implementa-tion. Additionally, any changes in ownership or person of responsibility are to be reported to the City Utilities Sections. Stormwater Easement & Maintenance Agreement Page 7 of 17 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 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 bioswale must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wet pond side slopes become eroded over 2 inches 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: Hinshaw Motorcycle Ron Orr 1602 West Valley Highway South Auburn, WA 98001 Design Engineer: Rupert Engineering Inc Dave Dormier 1519 West Valley Highway North, Suite 101 Auburn, WA 98001 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.) Stormwater Easement & Maintenance Agreement Page 8 of 17 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE DATE,OF'INS PECTCON/MAIN TENAIN Results/ Maintenance Date Inspection MH #2 Results Inspection Results Maintenance MH #5 Done Inspection Results Maintenance MH #7 Done Maintenance Done Inspection MH #8 Results Maintenance Done Inspection CB #1 Results Maintenance Done Inspection CB #2 Results Maintenance Done Inspection CB #3 Results Maintenance Done Inspection CB #4 Results Maintenance Done Inspection CB #5 Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 17 STRUCTURE DATE OF INSPECTION/MAINTENANCE '::`~'~y4::~ l ~l , Inspection CB #6 Results Maintenance Done Inspection CB #7 Results Maintenance Done Inspection CB #8 Results Maintenance Done Inspection CB #9 Results Maintenance Done Inspection CB #10 Results Maintenance Done Inspection CB #11 : Results Maintenance Done Inspection CB #12 Results Maintenance Done Inspection CB #13 Results Maintenance Done Inspection CB #14 Results Maintenance Done Inspection CB #15 Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 10 of 17 I ,l+f~ STRUCTURE DATE OF NS RE MN, /M'AINTENA'NG Inspection CB #16 Results Maintenance Done Inspection CB #17 Results Maintenance Done Inspection CB #18 Results Maintenance Done Inspection Detention Tank Results Maintenance Done Inspection Bioswale Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Detention Control Inspection Structure MH #1 Results Maintenance Done Detention Control Inspection Structure MH #3 Results Maintenance Done Detention Control Inspection Structure MH #4 Results Maintenance Done Storm Water Easement and Maintenance Agreement Page I I of 17 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. 3 - Closed Detention Systems (Tanks/Vaults) Maintenance Defect Conditions When Maintenance is Needed tResuits Expected, Component `When Maintenance`is Perforrnei , Storage Area Plugged Air Vents One-half of the cross section of a vent is Vents open and blocked at any point or the vent is damaged. functioning. Debris and Sediment Accumulated sediment depth exceeds 10% All sediment and of the diameter of the storage area for 1/2 debris removed from length of storage vault or any point depth storage 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 Tank/Pipe Section be transported into facility. tank/pipe sections are sealed. (Will require engineering analysis to determine structural stability). Tank Pipe Bent Out Any part of tank/pipe is bent out of shape Tank/pipe repaired or of Shape more than 10% of its design shape. (Review replaced to design. required by engineer to determine structural stability). Vault Structure Cracks wider than 1/2-inch and any Vault replaced or Includes Cracks in evidence of soil particles entering the repaired to design Wall, Bottom, structure through the cracks, or specifications and is Damage to Frame maintenance/inspection personnel structurally sound. and/or Top Slab determines that the vault is not structurally sound. Cracks wider than 1/2-inch at the joint of No cracks more than any inlet/outlet pipe or any evidence of soil 1/4-inch wide at the particles entering the vault through the joint of the inlet/outlet walls. pipe. Storm Water Easement and Maintenance Agreement Page 12 of 17 No. 3 - Closed Detention Systems (Tanks/Vaults) Maintenance Defect'", Conditions When Maintenance Is Needed''` Results Expected Component When Maintenance Is Performed 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 Not Working maintenance person with proper tools. with 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 Remove after applying normal lifting pressure. Intent removed and is to keep cover from sealing off access to reinstalled by one maintenance. maintenance person. Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, Ladder meets design misalignment, not securely attached to standards. Allows structure wall, rust, or cracks. maintenance person safe access. Catch Basins See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5) (No. 5). Storm Water Easement and Maintenance Agreement Page 13 of 17 No. 4 - Control Structure/Flow Restrictor 7Maintenance 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. 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 "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 14 of 17 No. 5 - Catch Basins Maintenance ~Defect~ - 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 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 15 of 17 No. 5 - Catch Basins Waintenance Defect Conditions When Maintenance is Needed Results Expected When Component '4~ _ Maintenance,1S, -A" 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 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 16 of 17 No. 8 -Typical Biofiltration Swale Maintenance - Defectors Condition,When, - Recommended Maintenance to Correct Component Problem Maintenance is Needed, 'Problem 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 17 of 17