HomeMy WebLinkAbout20100106000322 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 031709Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
V ~i 4 h,
PACIFIC NW TI'
PAGE-001 OF 0'
01/06/2010 10
KING COUNTY, I
Above this line reserved for recordine information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
GRA08-0029
Reference # (if applicable): N/A
Grantor/Borrower: Marvin E. Warren and Audrey Warren-Seko
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: S/2 NE '/a Sl3 - T2 IN - R4E f v
Assessor's Tax Parcel ID#: 540160-0060
THIS EASEMENT AND AGREEMENT made and entered into this -10 day of
~l)'ltLeI1 , 2009, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and Marvin E. Warren and
Audrey Warren-Seko hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Warren Building (Shop) located at 327 C ST NW,
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
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Storm Water Easement and Maintenance agree t N , ,
Page 1 of 17
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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 `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.
GRA08-0029, 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
parties.
This Agreement shall be binding upon the heirs, successors and assigns of the
Storm Water Easement and Maintenance Agreement
Page 2 of 17
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.
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.
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Storm Water Easement and Maintenance Agreement
Page 3 of 17
EXECUTED as of the date first written above.
Owner Date
Owner Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify ghat I know or have satisfactory evidence that Nk w\ W(A.,I'1
and A)bLio, U OL!O PAI is6i--~the perscQs), who appeared
before me, an aid individual(s) acknowledged that he/she/they signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated 3.. ~ (-q
SS10N Fj;
"'R
r
o
!
~ _
r
M07ABy
\)'Al~ u
Notary Public in and for th State of Washington
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Residing at
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My appointment expires -
Storm Water Easement and Maintenance Agreement
Page 4 of 17
CITY OF AUBURN
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 ` 3 ~G
Ifill
WASN\~;
-r 2 1r
i
Notary Publi i~ n and fa
Residing at (
My appointment expire
HS/tlb
File:1241
REF. H:Development\ Projects\Warren Building (Shop)ALegal Documents\2009
Storm Water Easement and Maintenance Agreement
Page 5 of 17
WARREN SHOP: GRA08-0029
"EXHIBIT A" - LEGAL DESCRIPTION
EXHIBIT PREPARED FOR STORM WATER EASEMENT AND MAINTENANCE
AGREEMENT FOR PRIVATE STORM TREATMENT SYSTEM.
LEGAL DESCRIPTION
LOTS 1, 2 AND 3, BLOCK 2 MEADCS FIRST ADDITION TO SLAUGHTER,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS,
PAGE 25, IN KING COUNTY. WASHINGTON.
BASIS OF BEARING
NO°35'46"E
ASSUMED BEARING 3ETWEEN MONUMENT AT INTERSECTION OF D STREET NW
AND WEST MAIN STREET, AND MONUMENT AT INTERSECTION OF D STREET NW
AND 2ND STREET NW
VERTICAL DATUM
CITY OF AUBURN SURVEY BFNCHMARKS
BM# 27-1; BRASS SURFACE MONUMENT AT THE CENTERLINE OF 6th STREET NW
AND "C" STREET NW. ELEVATION = 71.70 FEFT (NAVD 88)
1
C>°O•
LEGAL DESCRIPTION PROVIDED
BY MICHAEL R. DEWITT OF 1
HOLMVIG, DEWITT &
ASSOCIATES, INC.
Storm Water Easement and Maintenance Agreement
Page 6 of 17
WARREN SHOP: GRA08-0029
"EXHIBIT B" - SITE PLAN
EXHIBIT PREPARED FOR STORM WATER EASEMENT AND MAINTENANCE
AGREEMENT FOR PRIVATE STORM TREATMENT SYSTEM.
o 6 zo
WAAA---
Storm Water Easement and Maintenance Agreement
Page 7 of 17
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
For the WARREN BUILDING (SHOP)
SEPA NO. NA
FAC NO. NA
GRA NO. GRA08-0029
Site Address:
The project is located in NE '/4, SEC. 13 - TWP. 21 North - RGE. 4 East,
W.M., 327 C Street NW, Auburn, WA 98001. The tax parcel number is
5401600060.
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 Warren Shop located at 327 C ST NW,
Auburn, WA 98001. The site has an area of approximately 0.22 acres and
is currently a single-family resident with sidewalk along the frontage. The
subject site will be commercial paint shop.
The subject site is approximately square in shape and is fronted by C
Street NW along the east boundary of the property. The property is
surrounded by commercial properties to the north and west and a single-
family residential property to the south. The proposed building will house a
paint shop and two commercial tenants. The building is approximately
2,590 sf and will be situated along the west side of the property facing
westward towards C Street NW. Twelve parking stalls are proposed (1
ADA van accessible, 6 standard, and 5 compact) along landscaping along
the frontage, stormwater facilities and necessary infrastructure.
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
storm water quality pipes located within the east and south part of the
property beneath the paved access aisles. Here the storm water will be
released into an existing public 12" diameter stormwater conveyance
system located beneath the west curb line along C ST NW.
Storm Water Easement and Maintenance Agreement
Page 8 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/wetpond, 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. 3 - Closed Detention Systems (TanksNaults)
No. 4 - Control Structure/Flow Restrictor
No. 5 - Catch Basins
No. 18 - Catch Basin Inserts
Treatment BMP'S:
A 36" diameter water quality pipe has been installed to treat runoff for
conventional pollutants. The water quality pipe was designed to treat 64%
of the 2-year storm event (water quality storm) for water quality treatment.
Since peak flows from the site was estimated to be no larger than the peak
flow threshold for detention requirements (0.1 cfs for the 100-year storm
event), no detention facility is provided.
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 9 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 water quality pipe must
be properly maintained. Be careful to avoid introducing landscape fertilizer
to receiving waters or groundwater. If wetpond 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:
Marvin Warren
C/O Monty Warren Painting, Inc.
PO Box 27
Kent, WA 98035
253-850-3610
Design Engineer:
Brian G. Harron, PE
Patrick Harron & Associates, LLC
14900 Interurban Avenue, Ste. #279
Seattle, WA 98168
206-674-4659
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
Pale 10 of 17
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
C
I 1NC1111
11C
iii
„
i !9I t~. F
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Storm Water Quality
Inspection
Pipes
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
Done
Flow Control
Inspection
Structure
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 11 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.
Storm Water Easement and Maintenance Agreement
Page 12 of 17
No. 3 - Closed Detention Systems (TanksNaults)
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected
Component
When Maintenance
is Performed'
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
of Shape
more than 10% of its design shape.
or replaced to
(Review required by engineer to determine
design.
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
walls.
inlet/outlet pipe.
Manhole
Cover Not in Place
Cover is missing or only partially in place.
Manhole is closed.
Any open manhole requires maintenance.
Locking Mechanism
One maintenance person with proper tools
Mechanism opens
Not Working
cannot open mechanism. Bolts into frame
with proper tools.
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
misalignment, not securely attached to
design standards.
structure wall, rust, or cracks.
Allows maintenance
person safe access.
Calch 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
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 holes
structure.
other than designed
holes.
Cleanout
Damaged or Missing
Cleanout gate is not watertight or is missing.
Gate is watertight and
Gate
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
Detention Systems"
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 & Debris
Trash or debris which is located immediately
No Trash or debris located
in front of the catch basin opening or is
immediately in front of
blocking inletting capacity of the basin by
catch basin or on grate
more than 10%.
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 repaired
Cracks in
unsound.
to design standards.
Basin Walls/
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 repaired
Misalignment
function, or design problem.
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
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 meets
Missing
grate.
design standards.
Storm Water Easement and Maintenance Agreement
Page 16 of 17
No. 18-Catch Basin Inserts
Maintenance
Defect
Conditions When Maintenance
Results Expected When
Component
is Needed
Maintenance Is Performed
General
Sediment
When sediment forms a cap
No sediment cap on the insert
Accumulation
over the insert media of the
media and its unit.
insert and/or unit.
Trash and Debris
Trash and debris accumulates
Trash and debris removed from
Accumulation
on insert unit creating a
insert unit. Runoff freely flows
blockage/restriction.
into catch basin.
Media Insert Not
Effluent water from media insert
Effluent water from media insert is
Removing Oil
has a visible sheen.
free of oils and has no visible
sheen.
Media Insert Water
Catch basin insert is saturated
Remove and replace media
Saturated
with water and no longer has the
insert.
capacity to absorb.
Media Insert-Oil
Media oil saturated due to
Remove and replace media
Saturated
petroleum spill that drains into
insert.
catch basin.
Media Insert Use
ia has been used beyond
Remove and replace media at
Beyond Normal
typical average life of media
F
regular intervals, depending on
Product Life
product.
insert
insert product.
Storm Water Easement and Maintenance Agreement
Page 17 of 17