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Home My WebLink About20130220001371 STORM WATER EASEMENT AND MAINT AGREEMENT 09/10/2012fjkS j AWRICAN Return Address. City of Auburn City Clerk 25 West Main Auburn, WA 98001 44i Ig- 2,� -aSeld zmi3mzzmmopa i PAGE10 OF 010 KING COUN EXCISE TAX NOT REQUIRED Kins:.... ,- STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRA12 -0006 Reference # (if applicable): N/A Grantor /Borrower Auburn North Partners, LLC Grantee /Assignee/Beneficiary- City of Auburn Legal Description /STR: NE '/. S18 — T21N — R5E Assessor's Tax Parcel ID#- 182105-9317 THIS EASEMENT AND AGREEMENT made and entered into this 10 day of A +- ,-" L-._t P-, , 2012, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Auburn North 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 Auburn North Partnership Parking Lot located at 1314 8th 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 I of 10 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 I, 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. GRA12 -0006, 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 systems 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 10 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. Authorized Siyn re Authorized Si tature STATE OF WASHINGTON) ) ss COUNTY OF KING ) 1 certiN I have know ors ave satisfactory evidence thatl7�47X!G,2 and �Cd �g is /are the person(s) who appeared before me, and said person(s) acknowledged that he /she /they signed this instrument on oath stated that he /she /they was /were authorized to execute the instrument and acknowledge as the and of Auburn North Partners, LLC 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 Notary Public i and for the Stat of Was ington Residing at VU L> My appointment expires Storm Water Easement and Maintenance Agreement Page 3 of 10 CITY OF AUBURN arlaw, Storm Drainage Engineer D4ee STATE OF WASHINGTON) )ss. COUNTY OF [LING ) 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 ENGINE'FR 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 9 //0/1-�2 w � O humv �lltO WA HS /tlb File 1334 i 6-AP, ). 0(aa � " Notary Public in and for the tate of Washington Residing at Pty e� e „v f/-y My appointment expires 111 19 ! 1S Storm Water Easement and Maintenance Agreement Page 4 of 10 EXHIBIT `A' LEGAL DESCRIPTION Parcel "B" of the City of Auburn #BLA 10 -0009 as recorded under Recording Number 20110329900001, records of King County, Washington. r .. 8 (I 30 /'12. Storm Water Easement and Maintenance Agreement Page 5 of 10 EXHIBIT "B" n 6' 8TH STREET NE yaw ^ -Y— Ens• ' -�� ;�I(' —�_- - —.—=— ._..p.. �;, - was •)oia ^• � i n b .p)J {j i (PICid., UNLESS T } � NOjEO OiRER1l7SE . � 'll ,, � '•s - - I � ^'' - . Mme' ._� �(, l��`a_ jl.. 'iJ �� a .a ° .•— fiW I��`� I d EXISTING OFFICE u Ir dUIL ,NNG r.r -rte )) Y lI _. •� � ars - �— i ivy., _. --.-= � � _ - • �-�r�� ✓ - J � ^— N 655700" f LY ___I11JJI -_ sa3 i Storm Water Easement and Maintenance Agreement Page 6 of 10 *A:11 :3:11114 STORM WATER POLLUTION PREVENTION PLAN MAINTENANCE and OPERATION SCHEDULE for Auburn North Partners Parking Lot Addition SEPA NO. SEP10 -0025 GRA NO. GRA12 -0006 Site Address: The project is located in NE '/< of Section 18, T21 N, RSE, W.M., at 1314 8`h Street NE in Auburn WA. The tax parcel number is 182105 -9317 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 Auburn North Partners Parking Lot Addition located at 1314 8th Street NE. The proposal involves the development of 10,400sf (0.24 acres) of vacant property into a (25) stall parking lot with required landscaping and maneuvering areas per City of Auburn Design Standards. The parking lot will be incorporated into the existing office /medical /dental building development located at 1314 8th Street NE. The site is located in Groundwater Protection Zone 1 and the impacts of the proposal will be negligible due to the small size of the proposal, the methods of storm water disposal proposed, and the proposed use of the site for passenger vehicle parking only The proposed parking lot site is vacant and cleared, and appears to have been graded in the past. Vegetation consists of sparse grasses and weeds. Pervious concrete is being proposed for the parking lot surfacing, with the surface storm water being infiltrated into the underlying soils. The pervious concrete and filtering thru the underlying soils will provide the required level of water quality control. 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 entire parking lot surface area infiltrating thru the pervious concrete, the infiltration rates will exceed stormwater rainfall rate and infiltrate directly into the underlying soils. Storm Water Easement and Maintenance Agreement Page 7 of 10 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. 24 — Pervious Concrete Treatment BMP'S. Pervious concrete is being proposed for the parking lot surfacing, with the surface storm water being infiltrated into the underlying soils. The pervious concrete and filtering thru the underlying soils will provide the required level of water quality control. 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 cleaning and care of the pervious parking lot area as noted below in BMP -24 Care shall be used to avoid introducing landscape fertilizer to receiving waters or groundwater Storm Water Easement and Maintenance Agreement Page 8 of 10 Person of Responsibility: Auburn North Partners, LLC Attn. Mr Fred W Poe 1811 4th Street NE Auburn, WA 98002 (253) 740 -8657 Design Engineer: POE Engineering, Inc. Attn Alan F Poe 1314 8th Street NE #201 Auburn WA 98002 (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 INSPECTION /MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTION /MAINTENANCE Results/ Maintenance Date Pervious Concrete Inspection Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 10 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. 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 leavesidebris Interlocking Interlocking 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 D &M per manufacturer's recommendations. Storm Water Easement and Maintenance Agreement Page 10 of 10