HomeMy WebLinkAbout20091118001263 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 100709Return
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Clerk
ty Clerk
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25 West Main
20091118001263
Auburn, WA 98001
PACIFIC NU TIT EAS 137.00
PAGE-001 OF 014
A
11/
B
COUNTY, W
KING
Above this line reserved for recordine information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
BLD08-0162 FnF , a -r.. Z
Reference # (if applicable): N/A
Grantor/Borrower: George H. Lyden and Charles M. Lyden
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: SE ''A S W ''A S7 - T2IN - R5E r C
Assessor's Tax Parcel ID#: 072105-9012
THIS EASEMENT AND AGREEMENT made and entered into this = day of
l)PJ~-; 2 , 2009, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and George H. Lyden and
Charles M. Lyden hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for SFR LYDEN - DETACHED GARAGE located at
1135 Auburn Way North, 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
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
Storm Water Easement and Maintenance Agreement
Page I of 14
WHEREAS, an easement is needed to bring in maintenance equipment; and
WHEREAS, the parties are both desirous of permitting inspection of the storm
system to make certain that it is functioning properly and for purposes of determining the
appropriate repairs.
NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS:
Section 1, EASEMENT
PROPERTY OWNER hereby provides a non-exclusive easement to the City for
access, inspection, and maintenance for the purposes of this Agreement and the attached
Storm Water Pollution Prevention Plan, over, under and on that real estate described in
Exhibit "A" & "B" and on that portion of the property as showing on the approved Record
Drawings revised pursuant to construction records for the City of Auburn under Permit No.
BLD08-0162, which record drawings are hereby incorporated by reference as if set out in
full. This easement shall be a burden to that real estate which is legally described and
attached as Exhibit "A" & "B" and incorporated herein by this reference, and shall be a
benefit to the City Storm Drainage Utility System.
Section 2, HEIRS, SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, successors and assigns of the
parties.
Section 3, MAINTENANCE
The PROPERTY OWNER agrees to maintain the storm system in accordance with
the ordinances and all applicable codes of the CITY and the Storm Water Pollution
Prevention Maintenance and Operation Schedule attached as Exhibit "C" and incorporated
herein by this reference. The PROPERTY OWNER does hereby agree that the CITY may
enter onto the property of the PROPERTY OWNER via the easement described above to
inspect and perform necessary maintenance if, after the PROPERTY OWNER is given
notice to maintain, the PROPERTY OWNER fails to maintain. Further, the PROPERTY
OWNER agrees the CITY may enter onto the property of PROPERTY OWNER via the
easement described above to perform emergency maintenance in the event of the storm
system's failure which might result in adverse impacts(s) on public facilities or private
facilities of other property owners. In both events the PROPERTY OWNER agrees to
reimburse the CITY for the costs incurred by the CITY in maintaining the storm system.
Should the CITY incur attorney's fees and/or costs in enforcing the agreement and/or in
maintaining or collecting maintenance fees, the PROPERTY OWNER agrees to pay
reasonable attorney's fees and all costs incurred by the CITY.
Storm Water Easement and Maintenance Agreement
Page 2 of 14
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.
O~-j
Owner Date
pets
Owner Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Ls Ece-cly- 4 Ly 1o+y
and ChA-R- (-s-+ t,N Lv)F N are the persons who appeared me, and
said individuals acknowle g -d that they signed this instrument and.&e1kgQ 1tdged it to be
their free and voluntary act for the uses and purposes mentioned inqhj,aitt~ }zment,
u,
Dated Q
LDG~1tti
Z Notary Public~in and for tI
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Co My appointment expires
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Storm Water Easement and Maintenance Agreement
Page 3 of 14
CITY OF AUBURN
«/,P/,q
tm Carlaw, Storm Drainage Engineer 'Date
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Tim Carlaw is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the
STORM DRAINAGE ENGINEER of THE CITY OF AUBURN to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated / C ky.t'
``\\wssvv~uutt'
t,. BgpG
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zi ~i ~a, 0,1 9_~i a°
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REF. ADevelopment\Projects\Lyden Driveway & Parking Lot\Legal Documents\2009
Storm Water Easement and Maintenance Agreement
Page 4 of 14
Exhibit "A"
(TAX LOT 072105-9012)
That portion of the southeast quarter of the southwest quarter of Section 7, Township 21 north,
Range 5 east, W.M., in King County, Washington, described as follows:
COMMENCING at the southwest corner of said Section 7.
Thence north 86°28'54" east along the southerly line of the southwest quarter of the southwest
quarter of said Section 7 1049.36 feet to the southwest corner of said southeast quarter of the
southwest quarter,
Thence north 00°28'39" west along the westerly line of said southeast quarter of the southwest
quarter 1317.02 feet to the northerly line of said southeast quarter of the southwest quarter;
Thence north 86°19'51" east along said northerly line 393.52 feet to the point of beginning;
Thence south 6°18'09" east 99.97 feet;
Thence north 86°19'51" east 276.35 feet, to the west margin of the State Highway No.5 (Auburn
Way North) as established by deed to the State of Washington recorded under Recording No
3715489;
Thence northerly along said westerly margin to the northerly line of said southeast quarter of the
southwest quarter;
thence south 86°19'51" west along said northerly line, 290.86 feet to the point of beginning.
3enss
Storm Water Easement and Maintenance Agreement
Page 5 of 14
Exhibit "B"
Lyden Properties
SE-SW 7, T21N, R5E,
NW corner of the
SE7/4• SW1/4 of
Section 7.
North Line of the SE1/4 of th
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CEXT RE
Consultants, Inc., P.S.
206 Railroad Avenue North - Kent, WA 98032
253-813-1901 main 253-813-1908 fax
Storm Water Easement and Maintenance Agreement
Page 6 of 14
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
for
Lydon Residential Garage
BLD NO. BLD08-0162
Site Address:
The project is located in a portion of the SE '/4 of the SW '/4 of section 7
Township 21N, Range 5E, W.M., 1135 Auburn Way N. The tax parcel
number is 0721059012.
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 Lyden Residential Garage at 1135 Auburn
Way N. The site has an area of approximately 0.62 acres and is developed
with one single family residential home, carport, gravel driveway and out
buildings. The subject site will remain a single family residence.
The subject site will be developed with a proposed asphalt driveway,
36'x60' garage, and roof downspout infiltration system. The existing
buildings and remaining gravel surface are to remain.
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 building and pavement areas. This water will be
conveyed by storm drainage pipe to a residential control structure located
in the southwest corner of the parcel. Here the storm water will be released
into three 2'x35' gravel filled trenches equivalent to 105 linear feet where it
will be allowed to infiltrate into the ground water.
Storm Water Easement and Maintenance Agreement
Page 7 of 14
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 GROUNDWATER." 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, infiltration system, 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. 2 - Infiltration
No. 4 - Residential Control Structure
No. 5 - Catch Basins
Treatment BMP'S:
A catch basin with a downturned elbow has been installed to treat runoff for
conventional pollutants. This system was designed as a basic treatment
facility for a residential site, with the intent to treat 64% of the 2-year storm
event (water quality storm) for water quality treatment. In addition, a
dispersion system in the format of a 3-trench infiltration gallery was
designed with the intent 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 8 of 14
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, be careful to avoid
introducing landscape fertilizer to the groundwater.
Catch basins shall be cleaned when sump is 1/3' full of sediment or debris.
Person of Responsibility:
Charles Lyden
P.O. Box 132
Auburn, WA 98071
206-914-1106
Design Engineer:
Contour Engineering, PLLC
330956 1h St. NW
Gig Harbor, WA 98335
253-857-5454
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 9 of 14
INSPECTION/MAINTENANCE CHECKLIST
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Results/
Maintenance
Date
Infiltration System
Inspection
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
Residential Control
Inspection
Structure
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 10 of 14
No. 2 - Infiltration
Maintenance
Defect
Ganditions When Maintenance Is
Results Expected
Component
Needed
When Maintenance Is
performed
General
Trash & Debris
See "Detention Ponds" (No. 1).
See "Detention Ponds"
(No. 1).
Poisonous/Noxious
See "Detention Ponds" (No. 1).
See "Detention Ponds"
Vegetation
(No. 1).
Contaminants and
See "Detention Ponds" (No. 1).
See "Detention Ponds"
Pollution
(No. 1).
Rodent Holes
See "Detention Ponds" (No. 1).
See "Detention Ponds"
(No. 1).
Storage Area
Sediment
Water pending in infiltration pond 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).
Filter Bags (if
Filled with Sediment
Sediment and debris fill bag more than 1/2
Filter bag is replaced or
applicable)
and Debris
full.
system is redesigned.
Rock Filters
Sediment and
By visual inspection, little or no water flows
Gravel in rock filter is
Debris
through filter during heavy rainstorms.
replaced.
Side Slopes of
Erosion
See "Detention Ponds" (No. 1).
See "Detention Ponds"
Pond
(No. 1).
Emergency
Tree Growth
See "Detention Ponds" (No. 1).
See "Detention Ponds"
Overflow Spillway
(No. 1).
and Berms over 4
feet in height.
Piping
See "Detention Ponds" (No. 1).
See "Detention Ponds"
(No. 1).
Emergency
Rock Missing
See "Detention Ponds" (No. 1).
See "Detention Ponds"
Overflow Spillway
(No. 1).
Erosion
See "Detention Ponds" (No. 1).
See "Detention Ponds"
(No. 1).
Pre-settling
Facility or sump
6" or designed sediment trap depth of
Sediment is removed.
Ponds and Vaults
filled with Sediment
sediment.
and/or debris
Storm Water Easement and Maintenance Agreement
Page 11 of 14
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 12 of 14
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
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.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 13 of 14
No. 5 - Catch Basins
Maintenance
Deflect
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance is
performed
Vegetation growing in inletioutlet 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 718 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 14