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HomeMy WebLinkAbout20100204000190 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 050709Return Ylda& VryCk also m Sh g1 ~II~'IiVlifil!IIRIINifIPN~~lfiilf'NI~iNil'~I'lllllii!II' Ashanti, WA 98001 20100204000190 GAGE 001 0 02/04/2010 10 54 KING COUNTY, an Above this I11, elorved for ruvrdlne information STORM WATER EASEMENT AND MAINTENANCE. AGREFsh CI NT "o FACOS-0023 Ras (C1 J: N/A Colors, P o 1&IP ietlierLLC aromas A g R11rcl1 - City oferuburn Legal D p' /brR SL/98 T21 T2IN-RC its e) Assessor's Tex liarwl IIJf. 330900. 0023, -0023 TIES E&S'EMRNT AND AGREEMINT made and entered mere this (p of Ifl n~ , 2009, by and baween the CiIN of Aubum, a municipal corporation oI' King Coupry, Washingnon, hereinafter referred to as "CITY" and I & I Properties LTC herehwflcr referred to as "PROPERTY OWNER". WHEREAS, PRO NTIY OWNP.R has applied for cGif permits with the CITY for the consvvction of foiilltics to rnmdenMucDufP Short Plat located at TO A VE SE and SE 316" PL, which create impervious surface, and WHEREAS, the PROPERTY OWNER will complete a corm system; and W HERE 4S, the PROPERTY OWNER and the CITY desire that the stone system be maintained to provide adequate ladlilies lot controlling both the quarry and goality of smnn drainage; and WHEREAS, I'or maintenance ofa storm sysmm it in necessary to Lane appropriate right-of-way to barns in equipment to comlud maintenance functions; and WHEREAS, maintenance requirement is a covenant rowing with the land and binding upon all heirs, sue:essots and assims of both parties; and WHEREAS, the parties desire that this Agrecman be warmed to advise heirs, successors and assigns of both parties as to the existence of this casement end agreemenp and a mnLFK•tr%t* Sloon wool F'aemeeTadM ceAacanoot Po,'Ir1G EXCISE (AV NKO R[E ITIRE i ' ' - ads Byc'9'a Degrty W HFRFAS, an easement in needed w bring in maintenance equipment; and WHERFAS, the parties are both desirous oI' pcrmitling inspection of the storm system to make certain that it is Cmeniouiug propully and for purposes OI' determining the appropriate repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS '1'0 BE DFRIV FD THE. PARTIES AGRFF AS NOT LM S Section 1, EASEMENT PROPERTY OWNER hereby provides a non-exclusive comment to the City for inspection, and maintenance for the purposes of this Araenhcut and the attached access. Soon Winer Pollution we emlon Plan, coca, under and on dot real estate described in palatal "A° thin °E` and on that portion of the propcny au shorting on the approved Record Drawings revised pursuant to construction records for the Cure of Auburn under Permit No. FA( 08 0023, which record draMngs are herehy incorporated by reference w if set out in full this casement shall be a burden to that real estate which is legally described and shouted as Exhibit "A"thru F' and incmporated herein by this reference, and shall be a betrtit to the City Storm Drainage laility System. Section 2, HEIRS, SL'CCE.SSORS AND ASSIGNS This Agreement shall be binding upon the heirs. successors and assigns of the parties. Section 3, MAINTENANCE The PROPERTY OWNER names to maintain the storm sesten in accordance pith the ordinances and all applicable codes of the CITY and the Storm Water Pollution Pr condo e Maintenance and Operation Schedule attachetas Fvbibit"F' and incorporated hnrcln by this reference. The PROPERTY OP'NLR does hereby agree that the Cl I Y nay color onto the property of the PROPERTY OWNER via the casement dumbed above to Inspect and performs accessary maintenance if, after the PROPERTY OWNER is given notice to maintain, the PROPERTY OWNER Oils to maintain. I under, the PROPERTY OWNER agrees the CH 'Y may enter onto the propas of PROPFRTY OWNER via the nenl descrbed above to perform emergency maintenance in the event of the storm sonnn's Calory which ought result in sdverac impees O) on poblle faelEdu or hit qw facilities of other property owners. in both evens the PROPERTY OWNER agrees to imbmse the C11 Y for the costs incurred by the CITY in m tlatMaing the storm RPem. Should the CITY incur mmmey's fees and/or costs in enforcing the agreement and/or in maintaining o collecting maintenance fees. the PROPERTY OWNER ngmes to pay reasonable humeri a have and all wens incurred by the CITY. earlyN'ateh aaoninh all n M ai n manor A g, and Pa ' fl 16 Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS PROPERTY OWNER aelcnowledges that there may be liability for violations of codes that could result in additional fines and/or the passibility of incarceration in addition to the fees lormaimenance should violations ewor_ EXECUTED as. of the date First iariuen above. Lf Authhisd Signature Date Authorized Sienamre Data STAFF OF WASIIIFGTON) ) ss COUNTY Of KING ) I cents, that I knov; or have catiefrotory eadence that 6 - 111 I is the person who appeared before me and said person acknowledged Wan Lie she signed this instrument, on each emted that he/she was authorized to 'iltd instrument and acknowledned it as the -P va Ile ,-e2 of Z -Pao rtl e S ti : a IF Red liability company, 17 to be the free and volun art . act of such puny for the uses said pnrpses cautioned in this Instrument Dated S~6 Rc ifi~ It WiUiti* a rn' b amp o re.t - Netdrv Pahlic tai and for the s{ryte f Nash gmn Res ''i, qi S ~O s PD, aapng ai i yes 1. 1i%loiSloiNrNG MY app ointmentexpires h f Suomi NaT Facomenr u,d NI aintananw Art eemern Pogo 1 of 16 CITY OF ALB T],si ~-Izclrlaw StormDrnirei Engineer Date STATE OF WASIENGTON ) COI:NIV OF KING ) I comfy hit I laam or have satisfactory evidence that Tim Cal is the person wD) appeared before me, and said person ankucii1ol ed thathe signed this instalment, on oath slffiw1 that he w authorized to a ecme the instrument and acknowledged it as the S"FORM DRAINAGE FNGINFFR o1' THE CITY OP AU6URLN to be the free and voluntary act of sneh parry for the uses and purposes mentioned in this instrument. Dated a / Te zo r) ~•gPOGIt-L~sbil /'3 sit Notmyenbbc, in and Coe Jae Smile ylf Wa hm6ron P ' Reaiameat roc er so 0gls ^ ~ _v Nh appointment expires rl 117 le 4 Jljµy 11-~9;,.° 2 eht IqI de ; PSG` ITT "If of IN Oil, I'Sl Rd` H_V)eMOpmanrAP,asses I andon MacUWY9mn daLL.wul 1)aannms2009 SmmT' V9vr Ewzmmrand Main@nnlice Ameeman PI4 of 16 EXHIBIT "A" LEGAL DESCRIPTIONS LOT 1 HTE NORTH 74,99 FFET OF ME FOLLOWING OESCRIBEO PARCELS LAND. ME NORTH 150 FEET OF THE SWTH 150 FF OF ME GST I] FEET OF LOT 4 IN BLOCK I OF CO NLLN'S IAUBURNMLA ASORD TO ME CLTY' OF SEATTLE Oll'NO. I. AS PER PUT RK RfCOROED IN VOLUME I OF ~SATS, PAGE W PACE RECORDS OF KING COENC FOR ROAD NORTH ?ENQ THE WE 43 FELT OF ME EASE 177 7 FLAT OF THE NORM 150 FEET OF THE SOUTH 150 FEET OF LOT 9 IN BLOCK I OF LE. MLLNAN'S AUBORNOL ARE ME CM OF SEATTLE. DIVISION I AS PER PLAT RECORDED D IN VOLUME W PUTS. PALE 62, 61. RECORDS OF N COUNT,, FOR RE T THE IN ME S~TC ONDIT ET T OF pNG, C. SCALE O OF WASHINGTON, EXCEPT ME WEST 88 NO FEET MEREO! (ALSO KNOWN AS LOT L. OTV OF AUBURN SHORT PLAT SET 01-0016) EXHIBIT PREPARED FOR ONCE AIARCHANO oFNM BY. CRN PLE NAME LARNE C C Q CRONES & ASSOC. 8A LAND SURVEYORS L++EM m io D. R N NON TON: $$L:s PATE NEO: q-10-D9 Slono A Kcr Easmmol and Malnlenanw Agreement Pegti At 16 EXHIBIT 11 BIF LEGAL DESCRIPTIONS LOT 2 THE NOTE 760 FEET OF THE BOOM 250 FEET OF ME St I34 FEET OF LOT 4 IN BOOCN I OF CO HI144WNS AUBURNDAE ADDITION TO ME CLA OF SETRE. DIVISION NO . AS PER HAD RECORDED IN ADUO7 IJ OF PUTS, PACE 52. RECORDS OF CONm EXCEPT FOR RO40! AIR THE WEST )EFT OF 43 FEET DART 177 FEEL OF ME VORTH 750 0 I OF CO FEE T OF LOT 4 IN BLACK 25 THE SOUTH ALEURNWLE ADDRERH TO ME CITY OF SUTTLE. OBSiON HE 1, AS PER HAT RECORDED IN OCCUR IS OF , D DATE PACE FOR A RECORD S OAN CO A D SITUATE N THE CO UNIC F KING ROA WASHINGTON, EXCEPT THE WEST 88 NO FEET MEREOF AND EXCEPT ME NORM ]4.99 R£T THEREOF LSO KNOW AS LOT 2, CLI OF AUBURN SHORT FLAT, SET 0>-0016) "XHIBR PREPARED FOR GI25 DDEFLANO DRAW BE DNA ~Ru C a CRONES & ASSOC. E RE7 b A LAND SURVEYORS 0H; ORO )I ExUA; OF DOTE NEON I(-FO-o9 unnnI XT (I FI ,I„ IO,,,,« Aan,~,,IL v,Oo6 c16 EXHIBIT "C" LEGAL DESCRIPTIONS LOT 3 THE WEar 88 ,50 fE OF SHE NORTH ILO FE£r OE THE 5O 950 FEET OF THE G r 134 FEET OF LOT 4 IN BLOCK I OF O.D, HIUMAN3 AU6URNMLC AOpOION M ry aaF SEATM1E, ARMOR NO. T AS PER Fw RECORDED IN WLUME Id OF PUTS, PADS 62, RECORDS OF KMG COUNm EXCEPT OR ROAD: ANQ THE WEST 43 FEET OF THE FAST I]] FEET OF THE NORTH 150 FEET OF THE SOUTH 250 FELT OF LOT 4 IN BLOCK 1 OF C0 HILLMANS AUBURNOllE ADOOION TO THE CITY OF SGT2E DMSION NO. 1. AS PER PUT RECDRDED IN WLUME 13 OF P NT, PACE 69, RECORDS OF KING COUNT' EXCEPT FOR R0A0,. Sr TE IN THE AOUM OF RING, STAR [ KK SFVOTON,- EICFPT THE NORM ]499 FEET THEREOF (ALSO KNOWN AS LOT 3, (OT OF AUBURN SHORT PUT. SOL m-oars) EXHIBIT PREPARED FOR CHR5 IGRCHAND DRAWN BY. ~RA TTLE NAME Q~1 CRONES R~ ASS)C. LAND SURVEYORS SHEET ,~oF I, and sm, P", EXHIBIT D" LEGAL DESCRIPTIONS LOT 4 THE WEST 6850 FEET OF ME NORTH 74 99 FEET OF ME DESCRIBED PPACELS OF FE OF ONOUTH 150 TEST OF LAND 4 FEET OFO LOT < IN F SEA I E, GIS HELLMANA ASSURANCE ADDITION TO THE CRY PR OF DMSOU NO E 6 1 r, , S N RECORDED /n ER REAL RECORDED IN VOEDME 73 OF PLACE. A PACE RECORDS FUECORDS OF COUNTY, NINO FEEL OEO OF TL RNA X WE L OF TH TEST OF TL EAST 177 aN of THE UBU 150 m LEFT OF F BEE C/LU OF OF F TX NORTH )A LIPT x AUBURNDALE P FLA RECORD D TH 3 OF PLE D M W( 40FU ¢w PANE LE ~ ORFOOOF MNRC coOJm EXCEPT T FOR R040, SITUPTE In THE CWNT✓ OF KING, SATE OF wasw acroN (ALSO KNOWN AS mF 4, qn OF AUBURN CLORE FLAT SPL m-0016 A En EAP CHRIS MARCHAND DRW A ORA FLE M AE mA CRONES & ASSOC. LAND SURVEYORS nv.a1Ju AU ~ss~ AT OF I Sturm X ACT Faacmenr and Maimsaom Age mznr Pog R 0116 EXHIBIT "E' S.E. 316TH PLACE. ea. i%w,a _ d r o AIL NEW LOT 4 NEWp OT I IF, Z,l f s. NEW LOT 2 NEW LQ 3 xann. ,.w i SWIM wslcr Bateman[ and Mmn@imnce A-r""W L Pegn9 of 16 EXHIBIT "F" STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for Leaden / MacDuff Short Plat SPL NO. SPL07-0016 PAC NO. FAC0M023 Site Address: The project is located in the SE of Section 8, T21N, RSE, W.M., at 31701 116'" AVE SE in Auburn WA. The tax parcel numbers are 333940-0022 & 333940-0023. Introduction This storm water pollution prevention plan has been prepared to address the City of Auburns site development and storm drainage requirements for the proposed Landen / MacDuff Short Plat located at 31701 116'° Avenue SE. The site has an area of approximately 0.61 acres and is currently an abandoned single family home & grass field. The subject site will be short plated into (4) lots for the future development of (4) single family homes. The current project involves providing sewer, water & access to the (4) lots including a 30' wide X 75' long paved private access drive. The residential lots will be required provide for storm water per the C.O.A. design staodard6. 01 P and the Handout for Residential Footing Drain Construction upon development. Existing ground cover conditions are tall grass, blackberries, several shrubs and several deciduous trees that will be removed. Being a corner lot, the site is generally higher than the adjacent properties to the South & West, and general site slopes are to the NW. 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. Surface water runoff will be collect from the access drive and discharged to the public storm system in SE 316th PL via a new 12" culvert and catch basin with an oilAeater separator elbow at the driveway. Site flows from the access drive are anticipated to be under 0.10cfs for the developed condition and should have no adverse affect on the downstream conveyance. Adjacent areas are developed and would have been required to accommodate any potential off site flows. Storm wemri Vxec 10 of 16 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 1-025-649-7000. The catch basin will be visually inspected for accumulation of debris and sill 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, February 2005) No.5-Catch basins Treatment BMP'S: A down-turned elbow has been provided within the on-site catch basin to treat runoff for conventional pollutants as allowd by the C.O A. Technical Memo on Small Site Slormwater Treatment Measues. 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. Storm sk ate] Last 1 :ma Muin is i Agreement ],age 11 of 16 To ensure proper water quality and treatment, the catch basin with the oil/water separator elbow must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. Catch basins shall be cleaned when sump us 1/3' full of sediment or debris. Person of Responsibility: I & I Properties LLC 24408118' CT SE Kent WA 98030 206-300-5463 Design Engineer: POE Engineering, Inc 1314 81° Steet IN .E. #201 Auburn WA 98002 253-8334052 Plan and/or Information Updates: The City of Auburn Sloan Drainage Ufility 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 W the Guy Storm Drainege Ufility section. soon wux L ......n.ma btnimeni or P"'11 'rIr, INSPECTION/MAINTENANCE CHECKLIST STRUCTURE Smom Walei' Laseoain and Maioreoenee A;aement Yaae13of16 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. ~cani wmer Ilamnwm and Mainnnanw AneCl i Ya,e I4 W 16 No.6-Cabala Basins liaimannal 'Defeat CoridiE ns When Mantemnce by Neetlea Rezone Expected Men` CmjrFmrgnt M:InmhSMO is Fediraed General Trasha Trash or which is located immediately No Trash or debris Debra - famm~be catch beam opened or is located Immediately in blocking lnl alert Cospeo➢y of the basin by front of catch beam or on more than 10°/°_ grata opening. Trash or debris (in the basin) that exceeds 60 No inch or debris in the percent of the sump depth as measured from artcb basin. the bottom of base to layout of the deal pipe into or out of the basin but in nn ca dig than a minimum of firmly clearance ham the debris surface to the invert of the lowest pipe Trash or debris in any inlet or outlet pipe Inlet and outlet pipes bee Olocking more than to of to hennt, of fresh or debris Dead animals or vegetation that could No dead nr(mels or generate odors that could cause complaints vegetation present within or dangerous gases ding methane} the catch basin . Sediment sediment (in the basin) that exweda 60 No sediment in the catch percent of the sump depth as measured from basin. me bottom af basin to been of the lowest pipe less or on of th basin but in no base e of 6 inches clearance Pssthan amnimum from the sediment surface to the ,,sit of the lowest pipe. Structure Top slab has holes barred than 2 square Top slab, free of holes Damage to inches airawass wider than ifs inch. ad cracks dror Top Slat (imam is to make sure no material a running into basin Frame not sing flush on cep slag Le Fame is sitting flush on separations of more than 310 ln& of the the doer rings or top s lab frame from the top slab. Frame not securely and dark amended attached Fractures or Maintenance person judges that Structure is Basin replaced or Crocks in sound. repaired to design Basin Naps standards Bottom Fare (,list has separated or uaokedwido Pipe is aamuted and than 112 inch and longer then l foot at the cure at basin wall. joint of any Ihichoutel pipe or any evidence of soil parades entering catch b assn through cracks. Screamers Iffalure of basin has created a safety, Basin replaced or Misalignment Fraud,, or design problem. repaired to design standards Vegetation Vegetatlongmwing across and blocking No vegetation blocking re man to%a Anne basin opening. opening to From. stone si Lawmen and Sh;ntenmm 1 cc Trent prise l s a 16 No.5-Catch Basins Maintenance Derfact Conditions: When Maintenance Its Needed Rbiulte Expended When Component Netnlepa is performed eem l sion no sst sa e root h ix than m ore than net; of andle o Nat i present gmmt inches span . six Contamination See "Detention Ponds "(No. t). No printed present and pollution Catch Bain Cover NOt In Cover is missing or only partially in place Catch basin cover a Cover Place Any open catch basin carries maintenance closed. Looking Mechanism cannot be opened by one Manpower, opens with Mechaprsm maintenance person with proper took. Bohr cover NOle. Not WOtking i,to(came have less than 112 Inch of threat cover oremot One maintenance person cannot remove lltl One maintenance person to Remove after applying normal Iffing pressure . call cover. (Intent is keep cover from sealing Off across to maintenance ) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design unsafe scenarist altaCYaa to boom amt. oveans One aNrnw mistimpment, dust cracks. or sham edges. maintenance person saw access metal Comes Grade opening Grate verb opening wirier than set Ina. Orate opening meets WApaetlM ) Unsafe design standards. Trash and Trash and debris that is blrMing more than Grate tree of fresh and Debris 20% of state surface fnleeng recd- coons. damaged Or orate missies or orexen member(s) cube Grate is in place and Missing gate. meets design standards. Slone Nader Lasemo n l an tl Mainaoanw Ady.ement _ Pnge 16 of 16