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HomeMy WebLinkAbout20100106000321 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 030609Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 3106000321 TIT EAS 141.00 018 I WA reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE FAC08-0012 - L3 Reference # (if applicable): N/A Grantor/Borrower: Allito Properties, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S/2 S32 -T2 IN - R5E Assessor's Tax Parcel ID#: 322105-9027 THIS EASEMENT AND AGREEMENT made and entered into this 14 day of 2009, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Allito Properties, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Kersey 3 - Litowitz Property located at 49th Street SE & Kersey Way SE, 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 9t+a'=n -k~c+:9+it'"`t~'% rt, ?6ttri f, I Storm Water Easement and Maintenance Agreement - Page 1 of 18 EXCISE AX T REQUIRED - " " C0. DIVIBi011 gy Depuly 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. FAC08-0012, 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 parties. This Agreement shall be binding upon the heirs, successors and assigns of the Storm Water Easement and Maintenance Agreement Page 2 of IS 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. 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. Storm Water Easement and Maintenance Agreement Page 3 of 18 EXECUTED as of the date first written above. Q p ~t'A Authorized Signature Authorized Signature STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactory evidence that Aaron b iDv~ i 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 Ctn. "k Marra4~r of All i~ ~YDO~r hes LLL a limited liability company, to be the free and voluntary act of suc party for the uses and purposes mentioned in the instrument. Dated nevi 14 , 2oo9 ,`,MCKe& lop a` 1 ~~A+y Notary Public in and for the State of Washington A G tz~ Residing at NapLa Vella. cP~ UBt.~ ~p My appointment expires I- I b-04 Storm Water Easement and Maintenance Agreement Page 4 of 18 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 be 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 f" Q_ yON" /-~i OIVAiâ–º/. r RV rte. d'' i .a v '2t N;A'4y ~1 19 1 ~s 1101j0 -°---7 F rte; L Notary Public ' ta-qnd for the Residing at t ~ c My appointment expires- HS/tlb File: #1223 REF; H:\DevelopmemkProject\Kersey III\FAC08-0012\Legal Documents\2009 Q Storm Water Easement and Maintenance Agreement Page 5 of 18 EXHIBIT "A" LEGAL DESCRIPTION PRIVATE STORM DRAIN EASEMENT A portion of the Southeast quarter of the Northwest quarter of Section 32, Township 21 North, Range 5 East, King County, Washington, described as follows: COMMENCING at the quarter corner common to Section 31 and said Section 32; THENCE along the East-West Center-of-Section line, South 88" 35' 31" East, a distance of 1478.27 feet; THENCE North 01" 24'29" East, a distance of 187.54 feet to the POINT OF BEGINNING; THENCE South 88° 22'39" West, a distance of 51.60 feet; THENCE South 01" 37' 21" East, a distance of 28.36 feet to a point of curvature with a curve, concave Northerly, having a radius of 34.00 feet and a central angle of 235° 37' 32"; THENCE Southerly, Westerly, and Northerly along the arc of said curve to the right, a distance of 139.82 feet to a point to which a radial line bears North 35° 59' 49" West at a point of reverse curvature with a curve to the left having a radius of 25.00 feet and a central angle of 53° 36' 51' ; THENCE Northeasterly along the arc of said curve, a distance of 23.39 feet to a point of tangency; THENCE North 00° 23'20" East, a distance of 59.89 feet; THENCE North 58° 06' 18" West, a distance of 41.19 feet; THENCE North 32" 22'00" East, a distance of 13.38 feet; THENCE South 89" 36'40" East, a distance of 28.03 feet; THENCE North 00" 23' 20" East, a distance of 27.65 feet to a point of curvature with a curve, concave Southeasterly, having a radius of 110.00 feet and a central angle of 50" 22' 49"; THENCE Northeasterly along the arc of said curve to the right, a distance of 96.72 feet to a point to which a radial line bears North 39" 13' 51" West at a point of reverse curvature with a curie to the left having a radius of 25.00 feet and a central angle of 34" 57' 22"; THENCE Northeasterly along the are of said curve, a distance of 15.25 feet to the Southwesterly right-of-way of Kersey Way S_ E. and a point to which a radial line bears South 74" 11' 13" East at the beginning of a non-tangent curve, concave Northeasterly, having a radius of 5,759.58 feet and a central angle of 00° 19' 40", THENCE along said right-of-way from a tangent bearing South 36" 51' 22" East, along the arc of said curve to the left, a distance of 32.95 feet to a point to which a radial line bears South 52" 48' 58" West at the beginning of a non-tangent curve, concave Southerly, having a radius of 25.00 feet and a central angle of 52° 33' 29"; THENCE from a tangent bearing North 81° 29' 03" West, along the arc of said curve to the left, a distance of 22.93 feet to a point to which a radial line bears North 44" 02' 33" West at the point of compound curvature with a curve having a radius of 90.00 feet and a central angle of 06" 08' 37'; Project Name: Kersey III October 16, 2008 Revised: November 24, 2008 Page 1 of 2 WRW/jss 11394L.060.doc Exhibit: 11394EXH43-SD-Esmt.dwg:layout Storm Water Easement and Maintenance Agreement Page 6 of 18 THENCE Southwesterly along said arc of said curve, a distance of 9.65 feet to a point to which a radial line bears North 50° 11' 10" West; THENCE South 24° 47'55" East, a distance of 134.71 feet; THENCE South 07° 37'35" East, a distance of 49.30 feet; THENCE South 24° 09'03" West, a distance of 25.13 feet to the POINT OF BEGINNING. Containing 20,820 square feet or 0.48 acres, more or less. Project Name: Kersey 111 October 16, 2008 Revised: November 24, 2008 Page 2 of 2 WRWlss 11394L.060.doc Exhibit: 11394EXH43-S D-Esmt. dwg:layout Storm Water Easement and Maintenance Agreement Page 7 of 18 EXHIBIT B 0 30 60 T= ns s89' ~235 37'32" OE L-139.82 QC S88'35'3l T 4827 21 rv 4 E R 5 E T 21 N SW 16 5 32 R 5 E Narizonfol 1'= 60' Vodkul NA KENT. WA 98032 (425)251-9222 (425)251-8282 FM CNIL ENGINEERING. IANG KERSEY III DIVISION I PRIVATE STORM DRAIN EASEMENT 11394 ~4t 1 1 Storm Water Easement and Maintenance Agreement Page 8 of 18 EXHIBIT 'C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for Litowitz Property Sewer Extension SEPA NO. SEP00-0040 FAC NO. FAC08-0012 GRA NO. GRA08-0037 Site Address: The project is located in the South 1/2 - Section 32 - Township 21 N - Range 5 East, W.M., located at the NW corner intersection of Kersey Way S.E. and 49th Street S.E. The tax parcel number is 322105-9027. 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 Litowitz Property Sewer Extension located at the NW corner intersection of Kersey Way S.E. and 49th Street S.E. The site has an area of approximately 37.7 acres and is currently undeveloped. The subject site will be developed to contain a sewer extension in the Southeast corner of said property (approx. 2.91 acres). The sewer extension will be partially constructed on an existing gravel road located in the NE corner of tax parcel 322105-9010. Tax Parcel 322105-9027 will be developed to contain the sewer extension main, one sewer manhole, maintenance access road, one storm drainage control structure, and detention pond. Tax Parcel 322105-9010 will be developed to contain part of the sewer extension main and two manholes. Both parcels contain a stream/wetland buffer which will be slightly impacted and restored. Storm Water Easement and Maintenance Agreement Page 9 of 18 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 gravel access road, existing undisturbed forest, and Kersey Way S.E. through existing flow channels and designed road cross slopes. This water will be conveyed over land to a storm water detention facility located in the city of Auburn, Washington. Here the storm water will be released from control structure and discharged at a controlled rate to the existing forest and wetland located directly to the west of the access road. 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, detention/pond, 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, August 2001) No. 1 - Detention Pond No. 4 - Control Structure/Flow Restrictor No. 6 - Debris Barriers No. 7 - Energy Dissipaters Storm Water Easement and Maintenance Agreement Page 10 of 18 Inspection/Ma1 ntenance: 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 the removal of trash and debris from the drainage system. Events such as major storms or heavy winds will require immediate inspections for damages. If pond side slopes become eroded over 2" deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). The control structure shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Kersey 3 Improvements LLC 22430 S.E. 231st Street Maple Valley, WA 98038 425/392-5722 Design Engineer: Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent, WA 98032 425/251-6222 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 Page 11 of 18 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE Results/ Maintenance Date Storm Detention/ Inspection Wet and Results Maintenance Done Inspection Debris Barrier Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Energy Dissipaters 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 12 of 18 No.1- Detention Ponds Maintenance Defect Conditions When Maintenance . Results Expected When , Component Is Needed Maintenance Is performed General Trash & Debris Any trash and debris which exceed Trash and debris cleared from site. 5 cubic feet per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. Poisonous Any poisonous or nuisance No danger of poisonous vegetation Vegetation vegetation which may constitute a where maintenance personnel or the and noxious hazard to maintenance personnel public might normally be. weeds or the public. (Coordinate with local health department.) Any evidence of noxious weeds as defined by State or local Complete eradication of noxious regulations. weeds may not be possible. Compliance with State or local (Apply requirements of adopted eradication policies required. - IPM policies for the use of herbicides). Contaminants Any evidence of oil, gasoline, No contaminants or pollutants and Pollution contaminants or other pollutants. present. (Coordinate removal/cleanup with local water quality response agency). Rodent Holes Any evidence of rodent holes if Rodents destroyed and dam or berm facility is acting as a dam or berm, repaired. (Coordinate with local or any evidence of water piping health department; coordinate with through dam or berm via rodent Ecology Dam Safety Office if pond holes. exceeds 10 acre-feet.) Storm Water Easement and Maintenance Agreement Page 13 of 18 No.1- Detention Ponds Maintenance sDefect Conditions When Maintenance'. Results 4pected When . Component Is Needed Maintenance Is Performed Beaver Dams Dam results in change or function Facility is returned to design of the facility. function. (Coordinate trapping of beavers and removal of dams with appropriate permitting agencies.) Insects When insects such as wasps and Insects destroyed or removed from hornets interfere with maintenance site. activities. Apply insecticides in compliance with adopted IPM policies. Tree Growth Tree growth does not allow Trees do not hinder maintenance and Hazard maintenance access or interferes activities. Harvested trees should be Trees with maintenance activity (i.e., recycled into mulch or other slope mowing, silt removal, beneficial uses (e.g., alders for vectoring, or equipment firewood). movements). If trees are not interfering with access or Remove hazard trees. maintenance, do not remove. If dead, diseased, or dying trees are identified. (Use a certified Arborist to determine health of tree or removal requirements.) Side Slopes Erosion Eroded damage over 2 inches Slopes should be stabilized using of Pond deep where cause of damage is appropriate erosion control still present or where there is measure(s); e.g., rock reinforcement, potential for continued erosion. planting of grass, compaction. Any erosion observed on a If erosion is occurring on compacted compacted berm embankment. berms a licensed civil engineer should be consulted to resolve source of erosion. Storage Area Sediment Accumulated sediment that Sediment cleaned out to designed exceeds 10% of the designed pond shape and depth; pond pond depth unless otherwise reseeded if necessary to control specified or affects inletting or erosion. outletting condition of the facility. Liner (if Liner is visible and has more than Liner repaired or replaced. Liner is Applicable) three 114-inch holes in it. fully covered. Storm Water Easement and Maintenance Agreement Page 14 of 18 No.1 - Detention Ponds Maintenance. Defect Conditions When Maintenance Results' Expected: When Component to Needed Maintenance Is Performed Pond Berms Settlements Any part of berm that has settled 4 Dike is built back to the design (Dikes) inches lower than the design elevation. elevation. If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. Piping Discemable water flow through Piping eliminated. Erosion potential pond berm. Ongoing erosion with resolved. potential for erosion to continue. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Emergency Tree Growth Tree growth on emergency Trees should be removed. If root Overflow/ spillways creates blockage system is small (base less than 4 Spillway and problems and may cause failure of inches) the root system may be left Berms over 4 the berm due to uncontrolled in place. Otherwise the roots should feet in height. overtopping. be removed and the berm restored. A licensed civil engineer should be Tree growth on berms over 4 feet consulted for proper berm/spillway in height may lead to piping restoration. through the berm which could lead to failure of the berm. Piping Discernable water flow through Piping eliminated. Erosion potential pond berm. Ongoing erosion with resolved. potential for erosion to continue. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Emergency Emergency Only one layer of rock exists above Rocks and pad depth are restored to Overflow/ Overflow/ native soil in area five square feet design standards. Spillway Spillway or larger, or any exposure of native soil at the top of out flow path of spillway. (Riprap on inside slopes need not be replaced.) Erosion See "Side Slopes of Pond." Storm Water Easement and Maintenance Agreement Page 15 of 18 No. 4 - Control Structure/Flow Restrictor Maintenance Defect Condition When Maintenance is Results Expected: Component Needed When Maintenance is performed General Trash and Debris Material exceeds 25% of sump depth or 1 Control structure (Includes Sediment) foot below orifice plate. orifice is not blocked. All trash and debris removed. Structural Damage Structure is not securely attached to Structure securely manhole wall. attached to wall and outlet pipe. Structure is not in upright position (allow Structure in correct up to 10% from plumb). position. Connections to outlet pipe are not Connections to watertight and show signs of rust. outlet pipe are watertight; structure repaired or replaced and works as designed. Any holes, other than designed holes, in Structure has no the structure. holes other than designed holes. Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is Gate is watertight missing. and works as designed. One maintenance person cannot move up Gate moves up and and down gate. down easily and is watertight. Chaintrod leading to gate is missing or Chain is in place damaged. and works as designed. Gate is rusted over 50% of its surface Gate is repaired or area. replaced to meet design standards. Orifice Plate Damaged or Missing Control device is not working properly due Plate is in place and to missing, out of place, or bent orifice works as designed. plate. Obstructions Any trash, debris, sediment, or vegetation Plate is free of all blocking the plate, obstructions and works as designed. Overflow Pipe Obstructions Any trash or debris blocking (or having the Pipe is free of all potential of blocking) the overflow pipe. obstructions and works as designed. Manhole See "Closed See "Closed Detention Systems" (No. 3). See "Closed Detention Systems" Detention Systems' (No. 3). (No. 3). Catch Basin See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5). (No. 5). Storm Water Easement and Maintenance Agreement Page 16 of 18 No. 6 - Debris Barriers (e.g., Trash Racks) Maintenance,, ' Da*f Condition When Maintenance Is Result -xpectetl When ! Components ,Needed .:Maintenance:s Performed General Trash and Trash or debris that is plugging more Barrier cleared to design flow Debris than 20% of the openings in the capacity. barrier. Metal Damaged/ Bars are bent out of shape more than Bars in place with no bends Missing 3 inches, more than 3/4 inch. Bars. Bars are missing or entire barrier Bars in place according to missing. design. Bars are loose and rust is causing Barrier replaced or repaired to 50% deterioration to any part of design standards. barrier. Inlet/Outlet Debris barrier missing or not attached Barrier firmly attached to pipe. Pipe to pipe. Storm Water Easement and Maintenance Agreement Page 17 of 18 No. 7 - Energy Dissipaters Maintenance Defect ivonditions When'Maintenance is Rtesults Expected When Components Needed Maintenance is Performed External: Rock Pad Missing or Only one layer of rock exists above Rock pad replaced to design Moved native soil in area five square feet or standards. Rock larger, or any exposure of native soil. Erosion Soil erosion in or adjacent to rock pad. Rock pad replaced to design standards. Dispersion Trench Pipe Accumulated sediment that exceeds Pipe cleaned/flushed so that it Plugged 20% of the design depth. matches design. with Sediment Not Visual evidence of water discharging at Trench redesigned or rebuilt Discharging concentrated points along trench to standards. Water (normal condition is a "sheet flow" of Properly water along trench). Intent is to prevent erosion damage. Perforations Over 1/2 of perforations in pipe are Perforated pipe cleaned or Plugged. plugged with debris and sediment. replaced. Water Maintenance person observes or Facility rebuilt or redesigned Flows Out receives credible report of water to standards. Top of flowing out during any storm less than "Distributor" the design storm or it's causing or Catch appears likely to cause damage. Basin. Receiving Water in receiving area is causing or No danger of landslides. Area Over- has potential of causing landslide Saturated problems. Internal: Manhole/Chamber Worn or Structure dissipating flow deteriorates Structure replaced to design Damaged to 1/2 of original size or any standards. Post, concentrated worn spot exceeding one Baffles, square foot that would make structure Side of unsound. Chamber Other See "Catch Basins" (No. 5). See "Catch Basins" (No. 5). Defects Storm Water Easement and Maintenance Agreement Page 18 of 18