HomeMy WebLinkAbout20030729000850 STORM EASEMENT 072903Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20030729000850
PACIFIC NW TIT EAS 49.00
PAGE 001 OF 012
07/29/2003 10:19
KING COUNTY, WA
Above this line reserved for recordine information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC03-0009
Reference N (if applicable): N/A
Grantor/Borrower: Person Lanes, L.L.C. l PN co
Grantee/Assignee/Beneficiary: City of Auburn
~GS p try
Legal Description!STR: SE 1/4, 19-21-05E
Assessor's Tax Parcel ID#: 192105-9026 & 9247
THIS EASEMENT AND AGREEMENT made and entered into this day of
, 2003, by and between the City of Auburn, a municipal corporation of. 'King
County, Washington, hereinafter referred to as "CITY" and Person Lanes, L.L.C., hereinafter
referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at Shelley's Of Auburn located at 1919 Ha~r~d" Road, which create
impervious surface; and QX~ir~ clatr'pr, c,_~/ n ;r
to Ab 8s ta14 o ere a8 not een
WHEREAS, the PROPERTY OWNER will complete a storm system b7la Oqjh~nor
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
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
Storm Water Easement and Maintenance Agreement
Page I of 12
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. FAC03-0009, 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.
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 2 of 12
EXECUTED as of* the date first written above.
CITY OF AUBURN
Q
City Engineer 'Dale
Owner Date
0.3
O er Date
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that She. leP~ 4 r'i. K~tarl
62ad I LA/7 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
ackrpwledge as the
of A-rr--iOZ2 .4, a limited liability company, to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated e /
.1%%%jj
;HI DA4 't,
4 N......... AO ,~'g,~' pp
Q NOTARY 5")
v-•-~ cn Notary, Public i and fo e State of Washington
; tp RUBUC , . % residing at ,,7
e/
s
STAB ~ ON My appointment ex res •C3~
Ail,,, F WAS )
County of King )
I certify that I know or have satisfactory evidence that Dennis Selle 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 CITY ENGINEER of THE
Stone Water Easement and Maintenance Agreement
Page 3 of 12
CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated ~/rtLu
Q * SVO/V of
i oNOTAR~ m.41i
V
PUBLIC
A
IItIN~•'jr' 1 g-o'b
WHSN~NG -
r
~TF-~ L . Z:a'C- LF, k
Notary Public in and fort~e "State of Washington
residing at loc.v, ~
My appointment expires i,/ /03
W W/bl
File: #929
REF. H:Development\\Forms\Legal Documents
Storm Water Easement and Maintenance Agreement
Page 4 of 12
EXHIBIT A
LEGAL DESCRIPTION
PARCEL, A
LOT 2, CITY OF AUBURN SHORT PLAT SPL0004-90, RECORDED UNDER RECORDING
NUMBER 9005171021, SAID SHORT PLAT BEING A REVISION OF CITY OF AUBURN
SHORT PLAT NUMBER 7-80, RECORDED UNDER RECORDING NUMBER 8008070488,
AND SAID SHORT PLAT BEING A PORTION OF GOVERNMENT LOT 11, SECTION 19,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON
PARCEL B
LOT 2, CITY OF AUBURN SHORT PLAT NUMBER SP-60-80, RECORDED UNDER
RECORDING NUMBER 800708428, SAID SHORT PLAT BEING A PORTION OF
GOVERNMENT LOT 11, SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON
Storm Water Easement and Maintenance Agreement
Page 5 of 12
EXHIBIT B
STORMWATER POLLUTION PREVENTION PLAN
For
Shelly's of Auburn
SEPA# 02-0030
FAC# 03-0009
Site Address:
The project is located in the SE 1/4, Section 19, Township 21 North, Range 5
East, W.M. at 1907 Howard Road in the City of Auburn, WA. The Tax Parcel
Numbers are 192105-9206, 9247
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 Shelly's of Auburn new site development. The site has an area of
approximately 3.74 acres and is currently mostly paved and is vacant. The site
will be re-developed in at least two phases. The first phase will have a new
21,617sf building installed for a new beauty parlor along with a drive through
Espresso stand. The main parking lot will be repaved and a new entrance to
Howard road will be installed. An underground storm water retention system and
a Stormceptor for water quality treatment will be installed. Existing utilities are
located on or near the site and do not require any main extensions or work in the
R.O.W. In following phases three other buildings may be built, the rest of the
site repaved and another underground storm water retention system installed in
the southwest corner of the site.
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 Stormceptor
for water quality treatment. Then the storm water will be released into a
16'x90'x2.75' gravel bed under the parking lot and infiltrated into the soil.
Storm Water Easement and Maintenance Agreement
Page 6 of 12
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 GROUND." 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. 4 -Control Structure/Flow Restrictor
No. 5 - Catch Basins
(Department of Ecology Storm Water Manual, August 2001).
Treatment BMP'S
A Stormceptor Model 2400 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 Retention
Bed was designed to infiltrate the volume of runoff from a 25-year 24-hour storm
with a factor of safety of over 1.4%.
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.
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.
Storm Water Easement and Maintenance Agreement
Page 7 of 12
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 Stormceptor 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:
Ms. Shelly Erickson
1701 Auburn Way So.
Auburn, WA 98002
Phone: (253) 939-9741
Design Engineer:
Poe Engineering, Inc.
1314-8 th Street NE, Suite 102
Auburn, WA 98002
Phone: (253) 833-4052
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.)
Storm Water Easement and Maintenance Agreement
Page 8 of 12
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
° ,DATE O~F INSPECTION/MAINTENANCE
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Stormceptor
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
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 9 of 12
No. 4 - Control Structure/Flow Restrictor
Maintenance "
Defect-
Condition When Maintenances is Needed..
Results aExpected
,4Component
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
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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 I I of 12
No. 5 - Catch Basins
Maintenance"
Defect' ; .
Conditions When Maintenance'is Needed l.
.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
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
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