HomeMy WebLinkAbout20100923000794 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 092310 Return Address:
City of Auburn
City Clerk 01 101 I IIIIII 1 HIE II II
25 West Main
Auburn,WA 98001
20100923000794
PACIFIC NW TIT EAS 139.00
PAGE-001 OF 016
09/23/2010 14:07
KING COUNTY, WA
Above this line reserved for recording information. / `/
STORM WATER EASEMENT AND MAIN ENANCE AGREEMENT
FAC07-0013 16
I 25:t
Reference#(if applicable): N/A
Grantor/Borrower: `I' STREET PARTNERS LLC
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR: NW 1/4 S7—T21N—R5E S1 C
Assessor's Tax Parcel ID#: 512540-0225,512540-0235
THIS EASEMENT AND AGREEMENT made and entered into this 7 day of
kciu..5.f' , 2010, by and between the City of Auburn, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and
`I' Street 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 Legend — `I' Street Town Homes located at
2325 `I' ST NE, 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 1 of 16
EXCISE TAX NOT RE.O'_1P ED
I.o Recoril
Deputy
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
Project No. FAC07-0013, 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.
Storm Water Easement and Maintenance Agreement
Page 2 of 16
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.
EXECUTED as of the date first writte .b ve.
4C' 3210
u 'on =d vnrure Date
Authorized Signature Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
Ise.
r..
I certify I have know or have satisfactory evidence that A- a P c { • e
and is/are the person , who hppeare„ before.me, and
said person acknowledged that he7he/they signed this ins trt e&Y r oath $14d that
he/she/they was/were authorized to execute the instrument and actatowleciw° as the
0\1,E rte of —! ,wr R-3 I-1-C
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated a 'ii,,�
4j "l
3
)' 4w,,,,,,,\,.s`''aw'.= Notary Public ip and for the State�..of Washingt n
rt'OF WASN� `` My aplpointment expires %/�r �r(/`t �
Storm Water Easement and Maintenance Agreement
Page 3 of 16
CITY OF AUBURN
Tim Carlaw, Storm Drainage Engineer En ineer 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�
\-1 ;ow)r.._
'/i� �iar2c t4,„,,,z tAVAI
:7 + ;
Notary Public and for the St of Washington
z : Residing at C t fA Fi.
U',�'%,� ���',�1_=,�9= My appointment expires i t/t cry I 01
1 19'
,11111 IO�,WAS��.���
. . ,.
"a :11.48
ref
KT/tlb
File: # 1161
REF: H:ADevelopment\Projects\Legend-`I' Street Improvements\FAC07-0013 Legend Town Homes\Legal Doc.A2010
Storm Water Easement and Maintenance Agreement
Page 4 of 16
EXHIBIT "A"
LOT 45 AND 46 TOGETHER WITH LOT 47, BLOCK I OF THE PLAT
OF MAPLE WOOD ADDITION TO THE CITY OF AUBURN AS
RECORDED IN VOL. 17 OF PLATS, PAGE 98, RECORDS OF KING
COUNTY, WASHINGTON.
SAbk ii:
—4'1'
.::: 147 alr •.ii ' /
N - • f'' ,4;
l'ir* NA , 1r
Soc.
4!" -• 44 f'''' k'. Z:
Ap
Myi
All r fr
Storm Water Easement and Maintenance Agreement
Page 5 of 16
11111 ------1
‹.; 0 I ;., rip "...
4 I'BURN D4 V V.
"L;
--,. ',.: -, .• z _ ...._ .... 1
e, ,,• _
z----.1 n
* ,
...
1 - '• t 1
- ;
Z.; "....'
.).• '''47--
:::, ,A. 41,111 `,.' „._, a . .,•.,
t 114*
f. I ' ..,,..
-Y 13
It ::., ...., .....
'.... ..,...'
- LI
,.1 ,„ A
-%-l■;711 ,-A
0 c.)1
g
--,-c .1';'■ A: , 0 , IA 1 '
K% C.ri
,2^N.! P ■ 1 '
) I .
,A)
- ......
i.iiii‘.
.LA. --...
..7■ '-'9 ' '
, „■t; -'7"71- -
.;,-- —
......, - _,
' .
..,.....
.......:
Storm Water Easement and Maintenance Agreement
Page 6 of 16
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPEATION SCHEDULE
for the
Legend — `I' Street Town Homes (Apartments)
SEPA NO. N/A
FAC NO. FAC07-0013
GRA NO. N/A
Site Address:
The project is located in: NW 1/4 7 - 21-5 East, W.M., between
2301 & 2345 I St. NE address or cross streets. The tax parcel numbers
are 512450-0225, & 512450-0235.
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 Legend — 'I' Street Town Homes located
between 2301 & 2345 I St. NE. The site has an area of approximately
0.61 acres and is currently undeveloped. The subject site will be developed
with two four-plexes and one duplex, townhouse style structures.
The subject site will contain two four-plexes and one duplex, townhouse
style structures. Each building will include one garage space. The
construction will be R2 type; main floor garage, and bedroom behind on
first floor.
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
Stormceptor Water Quality Manhole located and detention system located on site.
Here the storm water will be released into an arch pipe detention tank system with
controlled release to water quality treatment via a Stormcepter Mechanical
Treatment Device prior to release to the downstream drainage system. All paved
surfaces and the roof drains from the building will drain to this detention system.
Storm Water Easement and Maintenance Agreement
Page 7 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 1-425-649-7000. 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 (Tanks/Vaults)
No. 4 — Control Structure/Flow Restrictor
No. 5 — Catch Basins
No. 16 — Baffle Oil/Water Separator
Treatment BMP'S:
A Stormceptor Water Quality Manhole has been installed to treat runoff for
conventional pollutants. The Stormceptor Water Quality Manhole and
detention system 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 8 of 16
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 Stormceptor Water
Quality Manhole must be properly maintained. Be careful to avoid
introducing landscape fertilizer to receiving waters or groundwater.
Catch basins shall be cleaned when sump is 1/3' full of sediment or debris.
Person of Responsibility:
'I' Street Partners, LLC
3240 B Street NW, Suite A
Auburn, WA 98001
Attn: Bob Stobie, Ph 253-833-4177
Design Engineer:
Rykels Engineering Group, Inc.
28301 183rd Ave SE
Kent, WA 98042
Attn: Andy Rykels, Ph 253-631-6598
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 16
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE DATE OF INSPECTION/MAINTENANCE
Results/
Maintenance Date
Inspection
All Catch Basins Results
Maintenance
Done
Storm Detention/ Inspection
Tank Results
Maintenance
Done
Inspection
Conveyance Pipes Results
Maintenance
Done
Flow Control Inspection
Structure Results
Maintenance
Done
Stormceptor Inspection
STC450i Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 10 of 16
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 11 of 16
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 or
of Shape more than 10% of its design shape. replaced to design.
(Review required by engineer to determine
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 inlet/outlet
walls. 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 design
misalignment, not securely attached to standards. Allows
structure wall, rust, or cracks. maintenance person
safe access.
Catch Basins See"Catch Basins" See"Catch Basins" (No. 5). See"Catch Basins"
(No. 5) (No. 5).
Storm Water Easement and Maintenance Agreement
Page 12 of 16
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 isc 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 16
No. 5—Catch Basins (Including Stormceptor)
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 14 of 16
No. 5—Catch Basins (Including Stormceptor)
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 16
No. 16—Baffle Oil/Water Separators (STORMCEPTOR STC450i)
Maintenance Defect Condition When Maintenance is Results Expected When
Component Needed Maintenance is Performed
General Monitoring Inspection of discharge water for Effluent discharge from catch basin
obvious signs of poor water should be clear with out thick visible
quality. sheen.
Sediment Sediment depth in bottom of catch No sediment deposits on catch
Accumulation basin exceeds 6-inches in depth. basin bottom that would impede flow
through the vault and reduce
separation efficiency.
Trash and Debris Trash and debris accumulation in Trash and debris removed from
Accumulation catch basin or pipe inlet/outlet, catch basin and inlet/outlet piping.
floatables and non-floatables.
Oil Accumulation Oil accumulations that exceed 1 Extract oil from catch basin by
inch, at the surface of the water. vactoring. Disposal in accordance
with state and local rules and
regulations.
Damaged Pipes Inlet or outlet piping damaged or Pipe repaired or replaced.
broken and in need of repair.
Access Cover Cover cannot be opened, Cover repaired to proper working
Damaged/Not corrosion/deformation of cover. specifications or replaced.
Working
Catch basin Catch basin replaced or repairs
Structure Damage- made so that catch basin meets
Includes Cracks in See"Catch Basins" (No. 5). design specifications and is
Walls Bottom, structurally sound.
Damage to Frame
and/or Top Slab
Cracks wider than 1/2-inch at the Catch basin repaired so that no
joint of any inlet/outlet pipe or cracks exist wider than 1/4-inch at
evidence of soil particles entering the joint of the inlet/outlet pipe.
through the cracks.
Baffles Baffles corroding, cracking, Baffles repaired or replaced to
warping and/or showing signs of specifications.
failure as determined by
maintenance/inspection person.
Access Ladder Ladder is corroded or Ladder replaced or repaired and
Damaged deteriorated, not functioning meets specifications, and is safe to
properly, not securely attached to use as determined by inspection
structure wall, missing rungs, personnel.
cracks, and misaligned.
Storm Water Easement and Maintenance Agreement
Page 16 of 16