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HomeMy WebLinkAbout20120614000800 STORM WATER EASEMENT AND MAINT AGREEMENT 04/26/20121 � 315 f I(II I Illll ((III III I VIII VIII (1111 III I III VIII II II I(III II II VIII II I III Return Address: 20120614000800 City of Auburn FIRST 0A ERICAN5EAS 138 00 City Clerk 06/14/2012 12 25 25 West Main KING COUNTY, WA Auburn, WA 98001 v NOT R- Ij sy of A. ri 3'tGTd' - •� Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRAI 1 -0021 Reference # (if applicable): N/A Grantor /Borrower Terry Home, Inc. Grantee /Assignee /Beneficiary City of Auburn Legal Description /STR. NW 'VSl8— T21N —R5E ­,4tD? U Assessor's Tax Parcel ID #' 605340 -0520 THIS EASEMENT AND AGREEMENT made and entered into this 6 day of JL 2012, by and between the City of Auburn, a municipal corporation of K ng County, Washington, hereinafter referred to as "CITY" and Terry Home, Inc hereinafter referred to as "PROPERTY OWNER" WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Terry Home II located at 727 A 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 Said documents were filet} of Storm Water Easement and Maintenance Agreement p 'lg r,nt t,­—) examine;,' as :o Page 1 of 15 E p r.;cr ezecutton or as to IV, ettoct upon title. 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 -0021, 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 refcrence. 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 attorneys 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 Easemedt and Maintenance Agreement Page 2 of 15 Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS PROPERTY OWNER acknowledges that there may be liability for violations of codes that could result in additional lines and /or the possibility of incarceration in addition to the fees for maintenance should violations occur EXECUTED as of the date first written above. P /re ^sixd/9t Date Secretary Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that M\I 1,R "oluTf,n)tIrQ4 and _LF: A ruA e U U I e Q are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the ? IZE51 !2" MT and SC C j ET R F-�j of .-- T- C tZo t\ot-1C. a corporation, to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument Dated AP12 \L 210, 1012 Notary Public State of Washington RACHEL A RICHARDSON' My Appoiftneln Expires Mar 9, 2016 Notary Public in and for the State of Washington Residing at V=tNLn CO My appointment expires MA 12 C1 , 20i t, Storm Water Easement and Maintenance Agreement Page 3 of 15 CITY OF AUBURN Tim 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 ENGINFER 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 v-// e, Ul Ul �r V gp� wZ Notary Public in and Residing at I My appointment expi HS Alb File. 1320 REF H: \Development \Projects \Terry Home II \Project # \Legal Documents \2012 Storm water Easement and Maintenance Agreement Page 4 of 15 EXHIBIT "A" — Legal Description New Parcel "A" of the City of Auburn Lot Line Adjustment BLA11 -0010 as recorded under recording number 20120216900003, records of King County, WA Situate in City of Auburn, County of King, State of Washington. Storm Water Easement and Maintenance agreement Page 5 of 15 EXHIBIT "B" — Site Plan with treatment facility depicted 8TH ST. N.E. N 86 29'53° E 146.50' CB INFILTRATION BASIN n z o N o ¢m CY- z O F- a J I li W Z m N M O O Z CB BIOSWALE N 86T9'53" E 146.5( 0 W' h� .h o 27 zx> Storm Water Easement and Maintenance Agreement Page 6 of 15 z V) M z C) , o^ WI � Z 3 z m CB N O O N EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for Terry Home II SEPA NO. SEP11 -0016 GRA NO. GRA11 -0021 Site Address. The project is located in NW '/< of Section 18, T21 N, RSE, W M., at 727 A Street NE in Auburn WA. The tax parcel numbers are 605340 -0525 & - 0520 Introduction- This storm water pollution prevention plan has been prepared to address the City of Auburn's site development and storm drainage requirements for the proposed Terry Home II located at 727 A Street NE. The site will have an area of approximately 0 50 acres after the proposed street vacation and is currently a level grass field after the prior single family residence was demolished. The subject site will be developed to include a 5,478sf building along with associated parking, maneuvering, and landscape areas. The building will be single story wood framed (type 5B construction) and will be used as a licensed boarding home (R -2 occupancy) 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, unless exempt. Due to the small size of the site, the project is exempt from detention requirements. We have proposed to collect all of the storm water runoff from the landscape, building and pavement areas in a series of catch basins connected by perforated pipes in washed rock trenches. Parking lot water will flow thru a grassed area for approximately 60 feet and to a catch basin with an oil /water separator elbow prior to entering the trench system. Site water will be conveyed to the public storm system at the NE corner of the site. Here the storm water will be released into 24" diameter truck line that flows to the East. Storm Water Easement and Maintenance Agreement Page 7 of IS 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, February 2005) No 5 —Catch Basins No 8 — Grass Swale No 10 —Filter Strip No 24 — Pervious Concrete Treatment BMP'S: A grass swale / filter strip area combined with an oil /water separator catch basin has been installed to treat runoff for conventional pollutants. The walks have been designed as pervious concrete to eliminate runoff, and the entire site collects to a perforated pipe / wash rock trench system that will allow storm water to infiltrate as /if possible before release to the public storm system. The site is exempt from detention requirements. 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. Storm Water Easement and Maintenance Agreement Page 3 of 15 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 grass swale / filter strip area and catch basins 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: Terry Home, Inc. c/o Ms. Myla Montgomery 138 Third Avenue SW Pacific WA 98047 (253) 288 -0135 Design Engineer: POE Engineering, Inc. c/o Alan F Poe 13148 th Street NE #201 /G�ntm;�ra�.I:ZiI1F (253) 833 -4052 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 Pape 9 or IS INSPECTION /MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTION /MAINTENANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Filter Strip Inspection Results Maintenance Done Pervious Concrete Inspection Results Maintenance Done Grass Swale Inspection 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 15 No. 5 — Catch Basins 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 Debns in front of the catch basin opening or is located immediately in blocking inletting rapacity 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 Fasement and Maintenance Agreement Page I I of 15 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 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 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 12 of 15 No. 8— Typical Biofikration Swale Maintenance Defect or Condition When Recommended Maintenance to Correct Component Problem Maintenance is Needed Problem General Sediment Sediment depth exceeds 2 Remove sediment deposits on grass Accumulation on inches. treatment area of the bio-swale. When Grass finished, swale should be level from side to side and drain freely toward outlet. There should be no areas of standing water once inflow has ceased. Standing Water When water stands in the Any of the following may apply remove Swale between storms and sediment or trash blockages, improve does not drain freely grade from head to foot of swale, remove clogged check dams, add underdrams or convert to a wet biofiltration swale. Flow spreader Flow spreaders uneven or Level the spreader and clean so that clogged so that flows are not flows are spread evenly over entire swale uniformly distributed through width. entire swale width. Constant When small quantities of Add a low -flow pea - gravel drain the length Baseflow water continually flow through of the swale or by -pass the base flow the swale, even when it has around the swale. been dry for weeks and an eroded, muddy channel has formed in the swale bottom Poor Vegetation When grass is sparse or bare Determine why grass growth is poor and Coverage or eroded patches occur in correct that condition. Re -plant with plugs more than 10% of the swale of grass from the upper slope: plant in the bottom, swale bottom at 8 -mch intervals. Or re- seed into loosened, fertile soil. Vegetation When the grass becomes Mow vegetation or remove nuisance excessively tall (greater than vegetation so that flow not impeded. 10- inches); when nuisance Grass should be mowed to a height of 3 weeds and other vegetation to 4 inches. Remove grass clippings. start to take over Excessive Grass growth is poor If possible, trim back over - hanging limbs Shading because sunlight does not and remove brushy vegetation on reach swale adjacent slopes Inlet/Outlet Inletloutlet areas clogged Remove material so that there is no with sediment and /or debris clogging or blockage in the inlet and outlet area Trash and Trash and debris Remove trash and debris from bioswale Debris accumulated in the bio-swale Accumulation Storm Water Easement and Maintenance Agreement Page 13 of 15 No. 8— Typical Biofiltration Swale Maintenance Component Defect or Problem Condition When Maintenance is Needed Recommended Maintenance to Correct Problem Component Erasion /Scouring Eroded or scoured swale For ruts or bare areas less than 12 inches General Sediment bottom due to flow wide, repair the damaged area by filling Accumulation on channelization, or higher with crushed gravel. If bare areas are Grass flows. large, generally greater than 12 inches Vegetation When the grass becomes wide, the swale should be re- graded and excessively tall (greater re- seeded. For smaller bare areas, than 10- inches); when overseed when bare spots are evident, or nuisance weeds and other take plugs of grass from the upper slope vegetation start to take and plant in the swale bottom at 8-inch over intervals. No. 10 —Filter Strips Maintenance Defect or Condition When Recommended Maintenance to Correct Component Problem Maintenance is Needed Problem General Sediment Sediment depth exceeds 2 Remove sediment deposits, re -level so Accumulation on inches. slope is even and flows pass evenly through Grass strip. Vegetation When the grass becomes Mow grass, control nuisance vegetation, excessively tall (greater such that flow not impeded. Grass should than 10- inches); when be mowed to a height between 3-4 inches, nuisance weeds and other vegetation start to take over Trash and Debris Trash and debris Remove trash and Debris from filter. Accumulation accumulated on the filter strip. Erosion /Scouring Eroded or scoured areas For ruts or bare areas less than 12 inches due to flow channelization, wide, repair the damaged area by filling with or higher flows. crushed gravel The grass will creep in over the rock in time. If bare areas are large, generally greater than 12 inches wide, the filter strip should be re- graded and re- seeded. For smaller bare areas, overseed when bare spots are evident. Flow spreader Flow spreaders uneven or Level the spreader and clean so that flows clogged so that flows are are spread evenly over entire filter width. not uniformly distributed through entire filter width. Storm Water Easement and Maintenance Agreement Page 14 of 15 NO. 24 - PERVIOUS PAVEMENT Maintenance Defect Conditions When Maintenance Is Results Expected Component Needed When Maintenance Is Performed Surface Pervious asphalt Maintenance to prevent clogging with Use conventional street or cement fine sediment. sweepers equipped concrete with vacuums. Prohibit use of sand and sealant application and protect from construction runoff. Major cracks or trip hazards Fill with patching mixes. Large cracks and settlement may require cutting and replacing the pavement section. Utility cuts Any damage or change due to utility cuts must be replaced in kind. Fallen Fallen leaves or debris Remove /dispose leaves /debris Interlocking Intedocking paving block missing or Replace paver block concrete paver damaged. blocks Settlement of surface May require resettling Sediment or debris accumulation Remove /dispose between paver blocks Loss of void material between paver Refill per blocks manufacturer's recommendations. Varied conditions Perform O &M per manufacturers recommendations. Storm Water Easement and Maintenance Agreement Page 15 of 15