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HomeMy WebLinkAbout200412290468 STORM EASEMENT 122904Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 III~~~I~III~bIINMI~ 0412280988 17 P0.4y G~EPCE 2COVNiV. 2wnSxINGiON I1 J. /J. ' Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC04-0018 Reference # (if applicable): N/A Grantor/Borrower: Evergreen Tucci Partners, LLC Grantee/Assignee/Beneficiary: . City of Auburn Legal Description/STR: SE ''/o, 06-20-05E &'NE ''/o, 07-20-05E Assessor's Tax Parcel ID#: 052006-8001 THIS EASEMENT AND AGREEMENT made and entered into this ,?5yd day of j'2fCcmbvr , 2004, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Evergreen Tucci Partners, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Lakeland Hills Area 19 Apartments (Palermo) located at Lake Tapps Parkway and Lakeland Hills Way, 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 l of 17 S ~ \ n,,.4 EXCISE TAX EXEMPT DATE -;"4 Pierce County By -C Auth. Sig 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 " AX Viand on that portion of the property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn undet`A tWo. FAC04-0018, 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 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 "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 Storm Water Easement and Maintenance Agreement Page 2 of 17 EXECUTED as of the date first written above Ever,jr-Pe'n ucc i Rtr+ti4rs ac caner - Date ✓ J;-/0o anu~1 Car , Y: ~ exe?t as~W P Owner Date evemet-r-/ C#V44se/ STATE OF WASHINGTON) ) ss Ge COUNTY OFLe4f I certify I have know or have satisfactory evidence that Ame6g- L . t&Nphrygs 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 e-tee4,1 Caunre a limited liability company, to be the free and v untary act of s tech party for the uses and purposes mentioned in the instrument. Dated •o?a 6 SqR Q' ,SION Fly it 001 v NOTARY 9m SAO ' otary Public in and for the State of Washington . PUBLIC Residing at rr Klt~ +~`~y S_1 136 eo_; My appointment expires OG OFWASW\ W W/tlb File: # 1009 REF. FI DevelopmentTormsTegal Documents\2004 (Rev. 11/04) Storm Water Easement and Maintenance Agreement Page 4 of 17 facilities of other property owners. In both events the PROPERTY OWNER agrees to reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. Should the CJTY incur attorney's fees and/or costs in enforcing the agreement and/or in nllutaanit g %or boieatii~g `ix Qintknance fees, tjie PROPERTY OWNER agrees to pay reasonable attorney's fees and all costs incurred by the CITY. Section 4, ACKN6*L*k1M`MENT OF OTHER ENFORCEMENT ACTIONS PROP t' Y,.QWNER acknowledges' that there may be liability for violations of codes that could; fxn''ad i hQtjfJ 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 ` r X2-1.3 - d n m ' WE * im Caiiaw, St `rm Drainage Engineer Date STA iE WASHIk ~fo . > . . )ss. County of King ) I certify that I know or have satisfactory evidence that Tim Carlaiv is'; 4"i-eq_pe"r*%5on 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 s ch pa y,foAthe uses wd pua e mentioned in this instrument. Dated g I a ~~3 13,40" : NOTA) 9m N jOUBLIG Ott 0- 1 kk L . 6 - CJ r, g Notary Pub is in and for the State of Washington Residing at Lr_~ Lo A U,^(+ y My appointment expires I I/ i g/ c '7- Storm Water Easement and Maintenance Agreement Page 3 of 17 EXHIBIT A LEGAL DESCRIPTION LOT 1 OF THE LOT LINE ADJUSTMENT AFN 200212091090 OF LOTS 1 AND 2 OF AUBURN SHORT PLAT - AFN 200108160470 TOGETHER WITH TRACT D OF RECORD OF SURVEY FOR 20 ACRE SITES PER AFN 9809145005 EXCEPT RIGHT OF WAY FOR LAKE TAPPS PARKWAY EAST EXTENSION PER AFN 200305180714. Storm Water Easement and Maintenance Agreement Page 5 of 17 EXHIBITS' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPEATION SCHEDULE for Area 19 Apartments FAC NO. 04-0018 GRA NO. 04-0001 Site Address: The project is located in Portions of Section 6 & 7, Township 20, Range 5 East, W.M., Along Lake Tapps Parkway. The tax parcel number is 052006- 8001 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 Area 19 Apartments located at Lake Tapps Parkway. The site has an area of approximately 18 acres and is currently undeveloped. The subject site will be an Apartment complex. The subject site will be developed as an apartment site in accordance with the site plan approvals. 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/wet-pond, pond 5B located adjacent to the site to the west. Here the storm water will be released into the Lake Tapps Parkway drainage system, which discharges to the Tail Race. 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 17 r 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 (from the Department of Ecology Storm Water Manual, August 2001) No. 1 - Detention Pond No. 4 - Control Structure/Flow Restrictor No. 5 Catch Basins = No. 11 - WET-POND Treatment BMP'S: A two-celled detention/wet-pond has been installed to treat runoff for conventional pollutants. The wet-pond was designed to treat 64% of the 2- year storm event (water quality storm) for water quality treatment. In addition, the detention pond 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 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 of Auburn Storm Drainage Utility section. Storm Water Easement and 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 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 detention/wet-pond 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" 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: Evergreen-Tucci Partners 1302 Puyallup Ave. Sumner, WA. 98390 253-863-6200 Design Engineer: Apex Engineering PLLC 2601 S.35 th Street, Suite 200 Tacoma, WA. 98409 253-473-4494 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. Storm Water Easement and Maintenance Agreement Page 8 of 17 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTIONWAINTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Storm Detention/ Inspection Wet-pond 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 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. 1 - Detention Ponds Maintenance Defect Conditions When Maintenance Is Results Expected,lNhen " Component Needed Maintenance Is P rfor d General Trash & Debris Any trash and debris, which exceed Trash and debris cleared from site. 5 cubic feet per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. Poisonous Any poisonous or nuisance No danger of poisonous vegetation Vegetation and vegetation which may constitute a where maintenance personnel or the noxious weeds hazard to maintenance personnel or public might normally be. (Coordinate the public. with local health department.) Any evidence of noxious weeds as Complete eradication of noxious weeds defined by State or local regulations. may not be possible. Compliance with State or local eradication policies (Apply requirements of adopted IPM required. policies for the use of herbicides). Contaminants Any evidence of oil, gasoline, No contaminants or pollutants present. and Pollution contaminants or other pollutants. (Coordinate removal/cleanup with local water quality response agency). Rodent Holes Any evidence of rodent holes if Rodents destroyed and dam or berm facility is acting as a dam or berm, or repaired. (Coordinate with local health any evidence of water piping through department; coordinate with Ecology dam or berm via rodent holes. Dam Safety Office if pond exceeds 10 acre-feet.) Storm Water Easement and Maintenance Agreement Page 10 of 17 No.1 - Detention Ponds Maintenance Defect Conditions When Maintenance Is Component Needed Beaver Dams Dam results in change or function of the facility. Insects Tree Growth and Hazard Trees Side Slopes I Erosion of Pond Storage Area I Sediment When insects such as wasps and hornets interfere with maintenance activities. Tree growth does not allow maintenance access or interferes with maintenance activity (i.e., slope mowing, silt removal, vactoring, or equipment movements). If trees are not interfering with access or maintenance,-do not remove. _ If dead, diseased, or dying trees are identified. (Use a certified Arborist to determine health of tree or removal requirements.) Eroded damage over 2 inches deep where cause of damage is still present or where there is potential for continued erosion. . Any erosion observed on a compacted berm embankment. Accumulated sediment that exceeds 10% of the designed pond depth unless otherwise specified or affects inletting or outletting condition of the facility. Liner (If Applicable) Liner is visible and has more than three 1/4-inch holes in it. Results Expected When Maintenance Is Performed Facility is returned to design function. (Coordinate trapping of beavers and removal of dams with appropriate permitting agencies.) Insects destroyed or removed from site. Apply insecticides in compliance with adopted IPM policies. Trees do not hinder maintenance activities. Harvested trees should be recycled into mulch or other beneficial uses (e.g., alders for firewood). Remove hazard trees - -1 , - , , t Slopes should be stabilized using appropriate erosion control measure(s); e.g., rock reinforcement, planting of grass, compaction. If erosion is occurring on compacted berms a licensed civil engineer should be consulted to resolve source of erosion. Sediment cleaned out to designed pond shape and depth; pond reseeded if necessary to control erosion. Liner repaired or replaced. Liner is fully covered. Storm Water Easement and Maintenance Agreement Page 11 of 17 No.1 - Detention Ponds Maintenance ( Defect ) Conditions When Maintenance Is Results Expectedhen i yl Component Needed Maintenance 1s?Peffor~med Pond Berms (Dikes) Settlements Any part of berm that has settled 4 inches lower than the design elevation. Dike is built back to the design elevation. Emergency Overflow/ Spillway and Berms over 4 feet in height. Emergency Overflow/ Spillway Piping Tree Growth Piping Emergency Overflow/ Spillway Erosion If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. Discernable water flow through pond berm. Ongoing erosion with potential for erosion to continue. Piping eliminated. Erosion potential resolved. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Tree growth on emergency spillways creates blockage problems and may cause failure of the berm due to uncontrolled overtopping. Tree growth on berms over 4 feet in height may lead to piping through the berm which could lead to failure of the berm. Trees should be removed. If root system is small (base less than 4 inches) the root system may be left in place. Otherwise the roots should be removed and the berm restored. A licensed civil engineer should be consulted for proper berm/spillway restoration. Discernable water flow through pond berm. Ongoing erosion with potential for erosion to continue. Piping eliminated. Erosion potential resolved. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Only one layer of rock exists above native soil in area five square feet or larger, or any exposure of native soil at the top of out flow path of spillway. (Riprap on inside slopes need not be replaced.) Rocks and pad depth are restored to design standards. See "Side Slopes of Pond." Storm Water Easement and Maintenance Agreement Page 12 of 17 No. 4 - Control. Structure/Flow Restrictor .Maintenance 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 watertight; structure repaired or replaced and works as designed. Any holes, other than designed holes, in the Structure has no 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. One maintenance person cannot move up Gate moves up and and down gate. 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 13 of 17 No. 5 - Catch Basins Maintenance Component Defect Conditions When Maintenance is Needed Results Expeeted~When`'Y Main tenane`e 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 113 of its height. of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or dangerous gases (e.g., methane). the catch basin. Sediment Sediment (in the basin) that exceeds 60 No sediment in the catch percent of the sump depth as measured from basin. the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest pipe. Structure Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 1/4 inch. and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on separations of more than 3/4 inch of the the riser rings or top slab frame from the top slab. Frame not securely and firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or Cracks in unsound. repaired to design Basin Walls/ standards. Bottom Grout fillet has separated or cracked wider Pipe is regrouted and than 1/2 inch and longer than 1 foot at the secure at basin wall. joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or Misalignment function, or design problem. repaired to design standards. Vegetation Vegetation growing across and blocking No vegetation blocking more than 10% of the basin opening. the opening to basin. 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 Vegetation growing in inlet/outlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. Contamination See "Detention Ponds" (No. 1). No pollution present. and Pollution Catch Basin Cover Not in Cover is missing or only partially in place. Catch basin cover is Cover Place Any open catch basin requires maintenance. closed. Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. Bolts proper tools. Not Working into frame have less than 1/2 inch of thread. Cover Difficult One maintenance person cannot remove lid One maintenance person to Remove after applying normal lifting pressure. can remove cover. - -(Intent-is-keep-cover_from-sealing-off_access- to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, standards and allows misalignment, rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 7/8 inch. Grate opening meets' (If Applicable). Unsafe design standards. Trash and Trash and debris that is blocking more than Grate free of trash and Debris 20% of grate surface inletting capacity. debris. Damaged 'or Grate missing or broken member(s) of the Grate is in place and Missing. grate. meets design standards. Storm Water Easement and Maintenance Agreement Page 15 of 17 No. 6 - Debris Barriers (e.g., Trash Racks) Maintenance Defect Condition When Maintenance is Results EzpectedaWhen Components Needed Maintenance is Pe ormed General Trash and Trash or debris that is plugging more Barrier cleared to design flow Debris than 20% of the openings in the barrier. capacity. Metal Damaged/ Bars are bent out of shape more than 3 Bars in place with no bends more Missing inches. than 3/4 inch. Bars. Bars are missing or entire barrier Bars in place according to design. missing. Bars are loose and rust is causing 50% Barrier replaced or repaired to deterioration to any part of barrier. design standards. Inlet/Outlet Debris barrier missing or not attached to Barrier firmly attached to pipe. Pipe pipe. Storm Water Easement and Maintenance Agreement Page 16 of 17 No. 11 - Wet-ponds Maintenance Defect Condition When Maintenance Results Expected When Maintenance Component is Needed is Performed General Water level First cell is empty, doesn't hold Line the first cell to maintain at least 4 water. feet of water. Although the second cell may drain, the first cell must remain full to control turbulence of the incoming flow and reduce sediment resuspension. Trash and Accumulation that exceeds 1 Trash and debris removed from pond. Debris CF per 1000-SF of pond area. Inlet/Outlet Inlet/outlet pipe clogged with No clogging or blockage in the inlet and Pipe sediment and/or debris outlet piping. material. Sediment Sediment accumulations in Sediment removed from pond bottom. Accumulation pond bottom that exceeds the in Pond depth of sediment zone plus 6- Bottom inches, usually in the first cell. - - - -Gil-Sheenlon- P=revalent-and-visible-oiksheen.- -Oil-removed-from-water-using-oil Water absorbent pads or vactor truck. Source of oil located and corrected. If chronic low levels of oil persist, plant wetland plants such as Juncus Effusus (soft rush) that can uptake small concentrations of oil. Erosion Erosion of the pond's side Slopes stabilized using proper erosion slopes and/or scouring of the control measures and repair methods. pond bottom, that exceeds 6- inches, or where continued erosion is prevalent. Settlement of Any part of these components Dike/berm is repaired to specifications. Pond that has settled 4-inches or Dike/Berm lower than the design elevation, or inspector determines dike/berm is unsound. Internal Berm Berm dividing cells should be Berm surface is leveled so that water level. flows evenly over entire length of berm. Overflow Rock is missing and soil is Rocks replaced to specifications. Spillway exposed at top of spillway or outside slope. Storm Water Easement and Maintenance Agreement Page 17 of 17