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Home My WebLink About20101104001874 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 110410 1111111 11 III 111111 Return Address: 20101104001874 PACIFIC NW TIT EAS 136.00 City of Auburn PAGE-001 OF 013 11/04/2010 15:31 City Clerk KING COUNTY, WA 25 West Main Auburn,WA 98001 EXCISE TAX NOT y rO1JIRED Deputy Above this line reserved for recording ' on. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC08-0024 13c, PAGiFiG NORTad T IP I.E. Reference#(if applicable): N/A UJ —71-1-1 Grantor/Borrower: Valley Cities Counseling&Consultation Grantee/Assignee/Beneficiary: City of Auburn Sj o Legal Description/STR: NE VI S7—T21N—R5E. .S r e_e8 5 Assessor's Tax Parcel ID#: 512540-0355 THIS EASEMENT AND AGREEMENT made and entered into this 31 St day of v1 , 2009, by and between the City of Auburn, a municipal corporation of King ounty, Washington, hereinafter referred to as "CITY" and Valley Cities Counseling & Consultation hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Valley Cities Landing supportive housing located at 2516 "1" Street 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 Saki docf.iment,& s ` e,re Pr9 ti fat record t?), r ar '; as ;s' c�!1 `ar been Storm Water Easement and Maintenance Agreem @nt 't: t v }c r� Page 1 of 13 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. FAC08-0024, 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 perfoinu 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 13 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. EXECUTED as of the date first written above. CITY OF AUBURN g yos Tim Carlaw, Storm Drainage Engineer ate 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 e/1 /0(1 .N. \\ 11%%h111, � ti y s" `2 s Notary Public in and for th State of Washington '��/.19.0.20- .0�c = Residing at //��1 WASHN� ,. My appointment expires (/r 9/ (1 11111►\\\\\��`� Storm Water Easement and Maintenance Agreement Page 3 of 13 /1?,4 7-3 I-09 Authorized Signature Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that /C.- e. is the person who appeared before me, . i• said person acknowledged that h /she igned this instrument, on oath stated that haMP as auth rjzed to execute the instrument and acknowledged it as the of, a non—profit corporation, to e the free and voluntary act of such party for the uses and purposes men ion4in this instrument. Dated ,7/3// 9 :so o Nor tpN` Notary Public in aycl9r the State o ass'1,ton 1 Residing at GG s y:i. �el.le y: My appointment expires a 2— 9_12 .•0�1��`� WASHING ill' HS File: # 1254 REF.H:Development\Projects\Valley Cities Landing\Legal Documents/2009 Storm Water Easement and Maintenance Agreement Page 4 of 13 Exhibit"A" Property Description Parcel A: Beginning at the southwest corner of Lot 6, Block 2,Maplewood Addition to the City of Auburn, according to the Plat thereof recorded in Volume 17 of Plats, page(s) 98, in King County. Washington; -thence North 00°23'05" West, along the easterly margin of"I" Street Northeast,a distance of 132.03 feet; thence leaving said easterly margin,North 89°50'16" East, a distance of 230.00 feet,to the easterly margin of Vacated Alley, as vacated September 18, 1967 by City of Auburn Ordinance Numbers 2209 and 2128; thence South 00°23'04" East, along the easterly margin of said Vacated Alley, a distance of 132.03 feet, to its intersection with the easterly extension of the south line of said Lot 6; thence South 89°50'16" West,along said south line, a distance of 230.00 feet to the easterly margin of"I" Street Northeast and the Point of Beginning. Situate in the City of Auburn, County of King, State of Washington. (Also Known As Parcel A of City of Auburn 13oundary Line Adjustment Number BLA08-0016, recorded under Recording No. 20090115900002, records of King County, Washington) /'e'�F N A S 4"O gp r'to 9 38965 .,., c `s424, I5iAp % u'SS`SSISMOW7,2/..eZMZ72a Storm Water Easement and Maintenance Agreement Page 5 of 13 US ,EO'ZET 3,.1PO .Ea. 00S Fark4 4 O C^ cn " co t" Qco o taco r1 A P. pQO�ON�o��46, Y A 0 V�y �1 2o o o 0' �� '-4 il,‘ -' Z ---.,,co �a 1 1� o o� l.�C o o 0 m o � N o m Q S _ cv co w c' 0 :n 4-L-i co mn w '�' I W Q a PC) CD ,EO'ZEl M..50,EC.OON m co Storm Water Easement and Maintenance Agreement Page 6 of 13 EXHIBIT `C' STORMWATER POLLUTION PREVENTION PLAN for VALLEY CITIES LANDING Site Address: The project is located in the NW % of Section 7, Township 21 North, Range 5 East, W.M., at 2516 I Street NE. The development will occur on tax parcel number 5125400355. 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 Valley Cities Landing. The portion of the site that will be disturbed for construction has an area of approximately 0.687 acres and is currently occupied by one single-family residence. The subject site will be developed with multi-resident special needs housing and will contain 0.267 acres of building roof, 0.177 acres of other assorted impervious surfaces, and 0.243 acres of landscaping. According to the City of Auburn's Construction Standards for stormwater management, the city requires stormwater quantity and quality control to all proposed developments. We have proposed to collect all of the stormwater runoff from the landscaped, building and pavement areas in a series of catch basins. This water will be conveyed to a stormwater infiltration facility beneath the parking lot. Plan Goal The specific purpose for the stormwater 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 stormwater facility maintenance. Storm Water Easement and Maintenance Agreement Page 7 of 13 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 and pervious concrete 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 No. 5 — Catch Basins Pervious Concrete Treatment BMP'S The pervious concrete that has been installed will treat runoff for conventional pollutants. In addition, the retention facility 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 Utilities Section is to review and approve any changes to this Stormwater 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 Utilities Sections. 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 seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the pervious concrete. 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 pervious concrete must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. Storm Water Easement and Maintenance Agreement Page 8 of 13 Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Valley Cities Counseling Faith Richie, CEO 2704 I Street NE Auburn, WA 98002 Design Engineer: Rupert Engineering, Inc. Adam E. Paul, PE 1519 West Valley Highway North, Suite 101 Auburn, WA 98002 (253) 833-7776 Plan and / or Information Updates: The City of Auburn Utilities Section is to review and approve any changes to this Stormwater 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 Utilities Sections. (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) INSPECTION/MAINTENANCE CHECKLIST 3 {j31y9grlr�°� 1 a 3 - s¢�E,¢Er de` r r E 1 ie S�1 1 �d STRUCTURE DATE N SPE eLON/MA Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Pervious Concrete Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 13 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. 5—Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected Component', When 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 more than 10%. on grate opening. Trash or debris(in the basin)that exceeds 60 No trash or debris in percent of the sump depth as measured from the 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 blocking more than 1/3 of its height. free of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present or dangerous gases (e.g., methane). within the catch basin. Sediment Sediment(in the basin)that exceeds 60 No sediment 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 6 inches clearance from the sediment surface to the invert of the lowest pipe. Storm Water Easement and Maintenance Agreement Page 10 of 13 No. 5—Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected Component When Maintenance is performed Structure Top slab has holes larger than 2 square Top slab is free of Damage to inches or cracks wider than 1/4 inch holes 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 separation of more than 3/4 inch of the frame on the riser rings or from the top slab. Frame not securely top slab 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. 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 Cover can be removed to Remove after applying normal lifting pressure. by one maintenance person. (Intent is keep cover from sealing off access to maintenance.) Storm Water Easement and Maintenance Agreement Page 11 of 13 No. 5—Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected Component When Maintenance is performed 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. Pervious Concrete Maintenance Standards Clogging can best be controlled by proper design of the pervious concrete and control of the surfaces that are contributing stormwater runoff to the pervious concrete. Clogging can occur where stormwater from pervious surfaces flows across the pervious concrete, introducing fine sediments into the pores of the concrete. Areas of the pavement not exposed to this flow will remain unclogged, resulting in good overall performance of the parking lot. If the pervious concrete is designed so that it only receives direct rainfall, the only source of fine sediments will be those carried by the wind or tracked in on vehicle tires. Coring studies in Florida have indicated that, on well-designed, 12-year-old pervious concrete parking lots there was a less than 10% loss of internal volume. Sweeping, blowing, vacuuming and other normal methods of maintaining parking lots are important in minimizing the materials available to clog pervious concrete pavements. Typical maintenance in the Northwest will include removal of fir needles, leaves, and other debris by means of a blower. The debris should be collected in an area outside of the pervious pavement, where possible. Additionally, tests in Florida indicate that the pervious concrete pavements can be vacuumed or pressure washed to remove fine sediments from the pores in the concrete. Landscape maintenance personnel should be cautioned against introducing fine materials onto the surface of pervious concrete pavements and grounds personnel should bag grass clippings instead of blowing them onto a pervious surface. Education of other personnel with regard to how pervious surfaces operate and necessary maintenance are vitally important to the proper long-term Storm Water Easement and Maintenance Agreement Page 12 of 13 performance of pervious concrete surfaces. Sub-contractors have dumped loads of bark, fertilizer, dirt, and sand directly onto pervious pavements. Uncollected roof drain runoff can be another source of sediments and debris that will clog the pervious pavement. Filtration of the stormwater runoff from downspouts should occur prior to discharge to a pervious surface. Where there are no leaves, needles, or other debris on roofs discharging to pervious surfaces, the runoff can be allowed to infiltrate through the pervious surfaces without filtration. Storm Water Easement and Maintenance Agreement Page 13 of 13