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Home My WebLink About20100106000322 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 031709Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 V ~i 4 h, PACIFIC NW TI' PAGE-001 OF 0' 01/06/2010 10 KING COUNTY, I Above this line reserved for recordine information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRA08-0029 Reference # (if applicable): N/A Grantor/Borrower: Marvin E. Warren and Audrey Warren-Seko Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: S/2 NE '/a Sl3 - T2 IN - R4E f v Assessor's Tax Parcel ID#: 540160-0060 THIS EASEMENT AND AGREEMENT made and entered into this -10 day of ~l)'ltLeI1 , 2009, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Marvin E. Warren and Audrey Warren-Seko hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Warren Building (Shop) located at 327 C ST NW, 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 tX(:I;E f^t ( TV?FQU1RED 847 ~4-tc".,n et a} wart t u lcaaca oimion n = - + Storm Water Easement and Maintenance agree t N , , Page 1 of 17 V 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. GRA08-0029, 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 17 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. v„ > Storm Water Easement and Maintenance Agreement Page 3 of 17 EXECUTED as of the date first written above. Owner Date Owner Date STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify ghat I know or have satisfactory evidence that Nk w\ W(A.,I'1 and A)bLio, U OL!O PAI is6i--~the perscQs), who appeared before me, an aid individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated 3.. ~ (-q SS10N Fj; "'R r o ! ~ _ r M07ABy \)'Al~ u Notary Public in and for th State of Washington #F Residing at kAL „wA110"o My appointment expires - Storm Water Easement and Maintenance Agreement Page 4 of 17 CITY OF AUBURN 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 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 ` 3 ~G Ifill WASN\~; -r 2 1r i Notary Publi i~ n and fa Residing at ( My appointment expire HS/tlb File:1241 REF. H:Development\ Projects\Warren Building (Shop)ALegal Documents\2009 Storm Water Easement and Maintenance Agreement Page 5 of 17 WARREN SHOP: GRA08-0029 "EXHIBIT A" - LEGAL DESCRIPTION EXHIBIT PREPARED FOR STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FOR PRIVATE STORM TREATMENT SYSTEM. LEGAL DESCRIPTION LOTS 1, 2 AND 3, BLOCK 2 MEADCS FIRST ADDITION TO SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4 OF PLATS, PAGE 25, IN KING COUNTY. WASHINGTON. BASIS OF BEARING NO°35'46"E ASSUMED BEARING 3ETWEEN MONUMENT AT INTERSECTION OF D STREET NW AND WEST MAIN STREET, AND MONUMENT AT INTERSECTION OF D STREET NW AND 2ND STREET NW VERTICAL DATUM CITY OF AUBURN SURVEY BFNCHMARKS BM# 27-1; BRASS SURFACE MONUMENT AT THE CENTERLINE OF 6th STREET NW AND "C" STREET NW. ELEVATION = 71.70 FEFT (NAVD 88) 1 C>°O• LEGAL DESCRIPTION PROVIDED BY MICHAEL R. DEWITT OF 1 HOLMVIG, DEWITT & ASSOCIATES, INC. Storm Water Easement and Maintenance Agreement Page 6 of 17 WARREN SHOP: GRA08-0029 "EXHIBIT B" - SITE PLAN EXHIBIT PREPARED FOR STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FOR PRIVATE STORM TREATMENT SYSTEM. o 6 zo WAAA--- Storm Water Easement and Maintenance Agreement Page 7 of 17 EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE For the WARREN BUILDING (SHOP) SEPA NO. NA FAC NO. NA GRA NO. GRA08-0029 Site Address: The project is located in NE '/4, SEC. 13 - TWP. 21 North - RGE. 4 East, W.M., 327 C Street NW, Auburn, WA 98001. The tax parcel number is 5401600060. 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 Warren Shop located at 327 C ST NW, Auburn, WA 98001. The site has an area of approximately 0.22 acres and is currently a single-family resident with sidewalk along the frontage. The subject site will be commercial paint shop. The subject site is approximately square in shape and is fronted by C Street NW along the east boundary of the property. The property is surrounded by commercial properties to the north and west and a single- family residential property to the south. The proposed building will house a paint shop and two commercial tenants. The building is approximately 2,590 sf and will be situated along the west side of the property facing westward towards C Street NW. Twelve parking stalls are proposed (1 ADA van accessible, 6 standard, and 5 compact) along landscaping along the frontage, stormwater facilities and necessary infrastructure. 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 series of catch basins. This water will be conveyed by storm drainage pipe to storm water quality pipes located within the east and south part of the property beneath the paved access aisles. Here the storm water will be released into an existing public 12" diameter stormwater conveyance system located beneath the west curb line along C ST NW. Storm Water Easement and Maintenance Agreement Page 8 of 17 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, August 2001) No. 3 - Closed Detention Systems (TanksNaults) No. 4 - Control Structure/Flow Restrictor No. 5 - Catch Basins No. 18 - Catch Basin Inserts Treatment BMP'S: A 36" diameter water quality pipe has been installed to treat runoff for conventional pollutants. The water quality pipe was designed to treat 64% of the 2-year storm event (water quality storm) for water quality treatment. Since peak flows from the site was estimated to be no larger than the peak flow threshold for detention requirements (0.1 cfs for the 100-year storm event), no detention facility is provided. 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 of Auburn Storm Drainage Utility section. Storm Water Easement and Maintenance Agreement Page 9 of 17 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. To ensure proper water quality and treatment, the water quality pipe must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wetpond side slopes become eroded over 2" deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Catch basins shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Marvin Warren C/O Monty Warren Painting, Inc. PO Box 27 Kent, WA 98035 253-850-3610 Design Engineer: Brian G. Harron, PE Patrick Harron & Associates, LLC 14900 Interurban Avenue, Ste. #279 Seattle, WA 98168 206-674-4659 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 Pale 10 of 17 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE C I 1NC1111 11C iii „ i !9I t~. F Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Storm Water Quality Inspection Pipes Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 11 of 17 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 17 No. 3 - Closed Detention Systems (TanksNaults) Maintenance Defect Conditions When Maintenance is Needed Results Expected Component When Maintenance is Performed' Storage Area Plugged Air Vents One-half of the cross section of a vent is Vents open and blocked at any point or the vent is damaged, functioning. Debris and Sediment Accumulated sediment depth exceeds 10% All sediment and of the diameter of the storage area for 1/2 debris removed from length of storage vault or any point depth storage area. exceeds 15% of diameter. (Example: 72-inch storage tank would require cleaning when sediment reaches depth of 7 inches for more than 1/2 length of tank.) Joints Between Any openings or voids allowing material to All joint between Tank/Pipe Section be transported into facility. tank/pipe sections are sealed. (Will require engineering analysis to determine structural stability). Tank Pipe Bent Out Any part of tank/pipe is bent out of shape Tank/pipe repaired of Shape more than 10% of its design shape. or replaced to (Review required by engineer to determine design. structural stability). Vault Structure Cracks wider than 1/2-inch and any Vault replaced or Includes Cracks in evidence of soil particles entering the repaired to design Wall, Bottom, structure through the cracks, or specifications and is Damage to Frame maintenance/inspection personnel structurally sound. and/or Top Slab determines that the vault is not structurally sound. Cracks wider than 1/2-inch at the joint of No cracks more than any inlet/outlet pipe or any evidence of soil 1/4-inch wide at the particles entering the vault through the joint of the walls. inlet/outlet pipe. Manhole Cover Not in Place Cover is missing or only partially in place. Manhole is closed. Any open manhole requires maintenance. Locking Mechanism One maintenance person with proper tools Mechanism opens Not Working cannot open mechanism. Bolts into frame with proper tools. have less than 1/2 inch of thread (may not apply to self-locking lids). Cover Difficult to One maintenance person cannot remove lid Cover can be Remove after applying normal lifting pressure. Intent removed and is to keep cover from sealing off access to reinstalled by one maintenance. maintenance person. Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, Ladder meets misalignment, not securely attached to design standards. structure wall, rust, or cracks. Allows maintenance person safe access. Calch Basins See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5) - (No. 5). Storm Water Easement and Maintenance Agreement Page 13 of 17 No. 4 - Control Structure/Flow Restrictor Maintenance Defect Condition When Maintenance is Needed Results Expected Component 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 up Structure in correct to 10% from plumb). position. Connections to outlet pipe are not watertight Connections to outlet and show signs of rust. pipe are watertight; structure repaired or replaced and works as designed. Any holes, other than designed holes, in the Structure has no holes structure. other than designed holes. Cleanout Damaged or Missing Cleanout gate is not watertight or is missing. Gate is watertight and Gate works as designed. One maintenance person cannot move up Gate moves up and and down gate. down easily and is watertight. Chain/rod leading to gate is missing or Chain is in place and damaged. works as designed. Gate is rusted over 50% of its surface area. Gate is repaired or 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 plate. works as designed. 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 Detention Systems" 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 14 of 17 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed General Trash & Debris Trash or debris which is located immediately No Trash or debris located in front of the catch basin opening or is immediately in front of blocking inletting capacity of the basin by catch basin or on grate more than 10%. 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 113 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 repaired Cracks in unsound. to design standards. Basin Walls/ 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 repaired Misalignment function, or design problem. to design standards. Vegetation Vegetation growing across and blocking No vegetation blocking more than 10% of the basin opening. opening to basin. Storm Water Easement and Maintenance Agreement Page 15 of 17 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 1/2 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 meets Missing grate. design standards. Storm Water Easement and Maintenance Agreement Page 16 of 17 No. 18-Catch Basin Inserts Maintenance Defect Conditions When Maintenance Results Expected When Component is Needed Maintenance Is Performed General Sediment When sediment forms a cap No sediment cap on the insert Accumulation over the insert media of the media and its unit. insert and/or unit. Trash and Debris Trash and debris accumulates Trash and debris removed from Accumulation on insert unit creating a insert unit. Runoff freely flows blockage/restriction. into catch basin. Media Insert Not Effluent water from media insert Effluent water from media insert is Removing Oil has a visible sheen. free of oils and has no visible sheen. Media Insert Water Catch basin insert is saturated Remove and replace media Saturated with water and no longer has the insert. capacity to absorb. Media Insert-Oil Media oil saturated due to Remove and replace media Saturated petroleum spill that drains into insert. catch basin. Media Insert Use ia has been used beyond Remove and replace media at Beyond Normal typical average life of media F regular intervals, depending on Product Life product. insert insert product. Storm Water Easement and Maintenance Agreement Page 17 of 17