HomeMy WebLinkAbout20110725000062 STORM WATER EASEMENT AND MAINT AGREEMENT 07/06/2011Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this
18-X-05' (70 �
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 151
GRAII -0013
Reference # (if applicable): N/A " +,
Grantor/Borrower Bank of Washington
Grantee/Assignee/Beneficiary, City of Auburn r"rn„ r� a' ®j;;�
Legal Description/STR. NW V. S 18 — T2 IN — R5E t t}�' j Z �9e`v 'ia4
Assessor's Tax Parcel 1])#- 1821059142, 1821059333 & 182105TR -A
THIS EASEMENT AND AGREEMENT made and entered into this S61�) day of
2011, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and
Bank of Washington hereinafter referred to as 'PROPERTY OWNER ".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Bank of Washington Short Plat Access located at
438 and 442 H 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
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 1 of 13
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.
GRA11 -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.
parties.
Section 2, HEIRS, SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, successors and assigns of the
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 13
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.
ized Si nature ate
-G- I (
(J Authorized Signature Date
ST T� E OF WASHINGTON) <S C
\Y� ) ss
COUNT F KING )
I certify that I kn or have satisfactory evidence that
and is /are the person(s) who appeared
before me, and said in t du
'>` al(s) acknowledged that he /she /they signed this instrument and
acknowledged it to be htsker\ /their free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated
State
at
My appointment expires
Storm Water Easement and Maintenance Agreement
Page 3 of 13
CORPORATE ACKNOWLEDMENT
STATE OF WASHINGTON )
l�� � ss.
COUNTY OF Y ✓V� S )
On this � day of . J 1/l 1 U 20 I ,before me, the undersigned Ngtary Public personally
appeared F)YtA 0- / VJ of /,U !; of
and personally known to me or proved to me on the basis of satisfactory eviden e to be an autho zed
agent(s) of the corporation that executed the foregoing instrument and acknowledged the instrument to be
the free and voluntary act and deed of dte corporation, by authority of its Bylaws or by resolution of its
board of directors, for the uses and purposes therein mentioned, and on oath stated that he /she /they is /are
authorized to execute this instrument and to fact executed the instrument on behalf of the corporation.
O � SSt0 expzRti By _ _ _ `1
NOTARY F'^ Notary Public n at d to he ate of Washington
_ Residing at I
PUBLIC My commission expires. I
N� 1- 29.2014
\OP WASH��G
CITY OF AUBURN
--'ri—m Carlaw, Storm Drainage Engin er 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 -4-43 1/l
op
HS /tlb
File: 91315
Residing at — 111 e 1. CP Uo u N
My appointment expires f / / C)
Storm Water Easement and Maintenance Agreement
Page 4 of 13
EXHIBIT'A'
STORMWATER EASEMENT
TRACT 'A' OF AUBURN SHORT PLAT NO. SPL08 -0001,
AS RECORDED UNDER RECORDING NO. 20110517900001,
RECORDS OF KING COUNTY, WASHINGTON;
SITUATED IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON.
,E
11
STORMWATER EASEMENT I � HEDGES I
Engineering & Consulting, Inc.
Prof. No. Date: Design: 913 Kincaid Avenue, Sumner, WA 98390
2010.07 -50 6/30/11 JWM (253) 891 -9365 (800) 540 -9847
Page 5
EXHIBITS'
TRACT W, AUBURN S.P. NO. SPL08 -0001
REC. NO. 20110517900001
1S
2 ,5.,
5TH ST NE
S89'46'08 "E
159.77'
LOT 1
N86'25'05 "W �o
Lo
hti 99.02' 3
r
N
N
O
N
M
LOT 2 I"
0
o
x¢32 SS,
GRAPHIC SCALE
40 0 40 80
(IN FEET)
1 inch = 40 ft.
CURVE TABLE
N co
I LENGTH
RADIUS
I ANGLE
C11
n
48.50
55'46'42"
C21
CO
27.50
3
cli
LU
N
60
Z
T
O
tn
0
TRACT A
2
Jj . .
1S
2 ,5.,
5TH ST NE
S89'46'08 "E
159.77'
LOT 1
N86'25'05 "W �o
Lo
hti 99.02' 3
r
N
N
O
N
M
LOT 2 I"
0
o
x¢32 SS,
GRAPHIC SCALE
40 0 40 80
(IN FEET)
1 inch = 40 ft.
CURVE TABLE
CURVE
I LENGTH
RADIUS
I ANGLE
C11
4722
48.50
55'46'42"
C21
1441
27.50
30'01'45"
N86'3_ g3g"W
41 00'
q.30111
OF
I STORMWATER EASEMENT HEDGES
Prof. No.: Dote: Deslgn: , Engineering & Consulting, Inc.
913 Klncold Avenue, Sumner, WA 98390
12010.07 _ 6/30/11 JWM (253) 891 -9365 (800) 540 -9847
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
for the
BANK OF WASHINGTON SHORT PLAT — SHARED ACCESS
Ce 3 :7_\ zN 1 !e 3 :7116 11!01411151
Site Address:
The project is located in the NE %. of the NW '% Section 18, Township 21
North, Range 5 East, W.M., on the southeast corner of 'H' Street NE and
5th Street NE. The tax parcel number for the access Tract is 182105 -TR -A.
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 Bank of Washington Short Plat Shared
Access located at the southeast corner of 'H' Street NE and 5th Street NE.
The site has an area of approximately '/ acre, is currently occupied by a
detached single - family residence, and has sidewalk along 'H' Street NE
and curb and gutter along both 'H' Street NE and 5th Street NE. The
subject site has been subdivided into two residential lots, and a new
shared - access driveway and storm drainage system is to be constructed
under this proposal. A new single - family residence or duplex structure will
be constructed on Lot 1 of the short plat in the future.
The subject site will be developed at this time with a paved shared access
driveway with minor improvements to the existing residence's gravel
d riveway
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 single
catch basin. This water will be conveyed by storm drainage pipe to a storm
water infiltration trench located beneath the paved shared access driveway
Storm Water Easement and Maintenance Agreement
Page 7 of 13
in Tract 'A' Here the storm water will be retained and released into the
ground.
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
basin and infiltration trench 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 City of Auburn
Surface Water Management Manual, November 2009)
No. 2 — Infiltration
No 5 — Catch Basins
Treatment BMP'S:
A downturned elbow has been installed to treat runoff for conventional
pollutants. The elbow was designed to trap suspended solids prior to
entering the infiltration trench.
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 Water Easement and Maintenance Agreement
Page 8 of 13
To ensure proper water quality and treatment, the infiltration trench 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:
Bank of Washington
Attn: Bruce Addison or Anna Kirchmeyer
1942458 th Place West
Lynwood, WA 98036
425 - 275 -5600
(Will change to new owner upon sale of property)
Design Engineer:
Hedges Engineering & Consulting, Inc.
Attn: Jeremy Metzler
913 Kincaid Avenue
Sumner, WA 98390
253 - 891 -9365
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 upon sale of property are to be reported to the City Storm
Drainage Utility section.
Storm Water Easement and Maintenance Agreement
Page 9 of 13
INSPECTION /MAINTENANCE CHECKLIST
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 13
111' 111 " "4'lis "I`Ifl;ulgllt, lli!I'{!'�Pnlll�'I � . "''R:��!Ig11iIIII,il4, IBNNllill 11111111'1; ',
IIII � VII�IHUh',pl. I I J11411I .I IJ,I,III111I(IIIIIIIIII
�� I ¶III �,4t:� ^'"
„P. 111111 ,,
STRUCTURE
;I DATE OF INSPECTJION /MAINTENANCE,
VIII
IIIIIlpU +ll' " "I I' 19V11IIII
!jililoi�<<I,iIII�IIII! VIII "IEIIIIIIIII!IiIIIIItlIII°',
Results/
Maintenance
Date
Inspection
All Catch Basins
Results
Maintenance
Done
Inspection
Infiltration Trench
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 13
No. 2 — Infiltration
Maintenance
.Defect'
Conditions'When Maintenance Is '
' Results Expected When I!,
Component
•!i I' -r
. Needed
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 ponding in infiltration pond after
Sediment is removed
rainfall ceases and appropriate time
and /or facility is cleaned so
allowed for infiltration,
that infiltration system
works according to design.
(A percolation test pit or test of facility
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
Filter bag is replaced or
applicable)
and Debris
than 1/2 full.
system is redesigned.
Rock Filters
Sediment and
By visual inspection, little or no water
Gravel in rock filter is
Debris
flows through filter during heavy
replaced.
rainstorms.
Side Slopes
Erosion
See "Detention Ponds" (No. 1).
See "Detention Ponds"
of Pond
(No. 1).
Emergency
Tree Growth
See "Detention Ponds" (No. 1).
See "Detention Ponds"
Overflow
(No. 1).
Spillway 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
(No. 1).
Spillway
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
filled with Sediment
sediment.
Vaults
and /or debris
Storm Water Easement and Maintenance Agreement
Page 1 I of 13
No. 5 — Catch Basins
"Maintenance
'Defect' l,!' 6 ifir
Conditioris'Wtien MaidenanceilslNeeded,
•Results;,Expected When
Component -,
j,;;'t'
j,p,p: r,
Maintenance Is
1• :G
»,i . r;:I; ,, d; +:
',r 61 ' !
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 or
vegetation present within
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 frame
the riser rings or top slab
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 joint
secure at basin wall.
of any inlettoutlet 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 more
No vegetation blocking
than 10% of the basin opening.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 12 of 13
No. 5 —Catch Basins
%Maintenance
,;Defect' = "''
Conditions,When Maintenance Is Needed ""
Results Expected When -
,Component:
. a�C:;
��.•�n,. - '' 6
'.,,
4Mairitenance Is
_ performed :.
Vegetation growing in inlettoutlet pipe joints
No vegetation or root
that is more than six inches tall and less than
growth present.
six inches apart.
Contaminatio
See "Detention Ponds" (No. 1).
No pollution present.
n and
Pollution
Catch Basin
Cover Not in
Cover is missing or only partially in place. Any
Catch basin cover is
Cover
Place
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 112 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
Ladder is unsafe due to missing rungs, not
Ladder meets design
Rungs
securely attached to basin wall, misalignment,
standards and allows
Unsafe
rust, cracks, or sharp edges.
maintenance person safe
access.
Metal Grates
Grate
Grate with opening wider than 7/8 inch.
Grate opening meets
(If Applicable)
opening
design standards.
Unsafe
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 13 of 13