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HomeMy WebLinkAbout9902052099 STORM EASEMENT 020599A3.I3•~- C7) C7 L1 N M M Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. q STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00018-99 BLD0325-98) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: I) St. Matthew Church 2) Additional on page: Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE 1/4 18-21-05 Additional on page: Assessor's Tax Parcel ID#: 098200-0075 & 815410-0040 THIS EASEMENT AND AGREEMENT made and entered into this Y6- day of Ol'A%L , 19 IV, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and St. Matthew Church, located at 123 "L" Street NE, Auburn, WA 98002, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 123 "L" 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 ts P 0 .a Q -c 7 z •c rn C, r, m x~ v, n } Storm Water Easement and Maintenance Agreement Page 1 of 9 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 n: PROPERTY OWNER hereby provides an easement over, under and on that portion of the C property as showing on the approved Record Drawings revised pursuant to construction records for the City. of.Auburn under Permit No(s). FA00018-98 and BLD0325-98, 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 and incorporated herein by this reference, and shall be of benefit to the City storm 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 Stormwater Pollution Prevention Maintenance and Operation Schedule attached as Exhibit "B" 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 he/she/they/it shall 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 9 w 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 0 Q) N 0 C1 DIRECTOR OF P LIC WORKS Owner Ti MO 11 Jt' VA /V I-1A1,619 G01L #4/T" Storm Water Easement and Maintenance Agreement Page 3 of 9 STATE OF WASHINGTON) )ss. County of King ) cl., this instrument, on oath sated that he/she was authorized to execute the ins e pt an ~j acl~nowledged it as the N -S . i o,e ~WY-m 2 of % mll - - C~ S A,/ , a corporation, to be the free and voluntary act of such 0 p y for the uses and purposes mentioned in this instrument. (V Dated /O-S- its ~ 4 r s ' t,~ ,M STATE OF WASHINGTON) )ss. County of King ) Notary Public' and for the Sta e o Washington residing at ~vk-, My appointment expires "Ol Aj ? -Xb P l 11 ~it-Q I certify that I know or have satisfactory evidence that ~ ' 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 DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and voluntary ct o such party for the uses and purposes mentioned in this instrument. Dated /1192 Illllllffff ` .\~D1 EXP* - Z T-- Z /7 aI o ~0p = Notary Public _In and for the State of Washington _ ~ 4v ~Z`e~ i • FeRUAP;~ • residing at My appointment expires PS ~ OFv.0'o .g Q WW/bd REF. H:\FAC\FAC 1 883\E98-797 and BLD0325 .98\STMWATEASE&MAINTAGREE I certify that I know or have satisfactory evidence that the personSwho appeared before me, and said personsac owledged that he/she signed Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT "A" Legal Description Lots 1, 2, 3 and 4, Block 2, Thomas G. Sutherland First Addition to Auburn per plat thereof recorded in Vol 42 of Plats at page 41, records of King County; also, Lots 1, 4,5, 6, 7 and the East one-half of Lot 8, Block 3, David A. Botting Second Addition to Auburn per Plat thereof recorded in Vol 41 of Plats at page 261 records of king County. Also known as parcel number 098200-0075 and 815410-0040. C~ L7 C~ C11 C7'i Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT "B" Stormwater Pollution Prevention Plan for St. Matthew Church Expansion SEPA# SEP-0046=97 BLD# 0325-98 c~i± FAC# 0018-98 C14 _ C? Site Address: The project is located in Section 18, Township 21 North, Range 5 East, W.M. in the Northwest corner of the intersection of L Street NE and 1 st Street NE in the City of Auburn. The site address is 123 "L" Street, Auburn, Wa. 98002. The Tax Parcel Nos. are 098200-0075 & 815410-0040. Introduction: The site is an existing church and related parking lot with large open lawn areas. The proposed project will construct a new church building just south of the existing building. A new parking lot will be built on both the south and north ends of the property. The new parking areas will be asphalted. There is an existing sidewalk along approx. half of the L St. frontage. A new sidewalk is proposed for the remaining L St. frontage and the entire 1 st St. frontage. The site is extremely flat with no discernible slope. There is no existing drainage system within the roads that is capable of handling the site. The existing surface water percolates into the soil. The soils are a sandy loam and along with the flat surface allows for almost 100% infiltration. The proposed project will add an estimated 0.66 acres of impervious surface. The asphalt parking areas will sheet flow to the low corner and will then flow into a grass-lined biofiltration swale. The roof gutter drains will be introduced into the system after the bioswale. From the bioswale, the runoff will enter an oil-water separator catch basin and then be piped to an infiltration trench that is located under each new parking area. Storm Water Easement and Maintenance Agreement Page 6 of 9 Plan Goal: Cat C U~ The goal of the plan is to collect and treat all runoff from the onsite parking areas with a biofiltration swale and then discharge into an infiltration system. The runoff from the new building roof downspouts will be discharged directly to the infiltration system. The infiltration facilities were designed to accommodate the 100 year storm event. There is an overflow mechanism for each infiltration system that will allow an emergency overflow through a catch basin near the main driveway and into the City street. The existing building will re retrofitted with infiltration drywells for its roof downspouts. Thus, all runoff is designed to infiltrate while any runoff from surfaces that are subject to vehicular traffic will be biologically. treated with a grass-lined swale. Preventative BMP's: The catch basins shall have stenciled next to them "DUMP NO WASTE - DRAINS TO GROUNDWATER". There Is generally no activities related to the church's function that would generate hazardous spill potential. Any activity that involves pollutants such as cooking grease, paints, etc. will be performed within the building. The parking areas will be swept as' necessary to remove debris. The catch basins and bioswales will be visually inspected for accumulation of debris and silts and will. be maintained as required. Treatment BMP's: Two onsite biofiltration swales have been designed to convey and treat runoff for petroleum based and conventional pollutants. The 2 year storm event is used to design the treatment capacity of the bioswale. The swales are also sized to handle the 100 year storm event as a conveyance mechanism. In addition to the bioswales, two oil-water separators will be installed prior to the infiltration trenches. These separators are the open-tee type that are located within a type 2 catch basin. These separators will be checked for both surface floating accumulation and for sediment and sludge accumulation in the bottom sump. Storm Water Easement and Maintenance Agreement Page 7 of 9 Inspection: The drainage facilities will be inspected twice a year by the Church maintenance staff. The typical inspection dates will be April 1 and October 31. The systems will also be checked immediately after large 0 storm events and during heavy leaf falls. Records of inspection will be N kept for a minimum of 5 years and will be available for review by the City Inspector. The items that will be inspected include the bioswales, oil- water separators and the infiltration catch basins. Cn M Maintenance: To ensure proper treatment by the biofiltration swales, they must be properly maintained. During the summer months, the swales must be mowed regularly, maintaining a grass length of approx. 6 inches with proper removal of all grass clippings. Removal of any deposits or sediments over 4" deep or covering the grass is also necessary. Remove the sediments, reseed and fertilize as necessary. Fertilizing must be done sparingly and during a dry period so that the fertilizer is not carried through to the infiltration trench and then the groundwater. The oil-water separator shall be inspected twice a year as specified above. When any floating matter exceeds 2" in depth, it must be skimmed off the surface and properly disposed. The sediment accumulation. within the bottom sump must be checked and removed if over 4" in depth. Person of Responsibility: St. Matthew. Church 123 L Street NE Auburn, Wa. 98002 Contact: Pastor Phone: (253) 833-0890 Plan Prepared By: James Jaeger, P.E. 9419 S. 204th PI. Kent, Wa. 98031 (253) 850-0934 Storm Water Easement and Maintenance Agreement Page 8 of 9 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 Section. INSPECTION / MAINTENANCE CHECKLIST C3? O? C~? L7 0 C:7 t c c CB#1 Insp. Results Maint. Done CB#2 Insp. Results Maint. Done CB#3 Insp. Results Maint. Done CB#4 Insp. Results Maint. Done CB#5 Insp. Results Maint. Done CB#6 Insp. Results Maint. Done Bloswale Insp. Results Maint. Done REF. I- AFACTAC1883T98-797 and I3LD0325 .981STMWATEASE&MAIN"I'AGREE Storm Water Easement and Maintenance Agreement Page 9 of 9