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HomeMy WebLinkAbout20100204000185 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 111209Ream. Ameer:: I III II CTt f a fish sn ! I~I~IIVI~'"III!II'1611VV~~16611VIIII1119611VIlUIIIIVillll 11 Cat 25 Wes star I Aabnm, WA 98001 20100204000185 iC Nu TIT eqe lay. na oialf-e , ^COUNT:,a 54 RING GO Above [his It urvedTo wMlnelo0am Z STORM WATER EASEMENT AND MAINTENANCE A. sENI NT GRA09-0014 Ref,mmco 3 afioligne)'. NA GrwarrBow,,, Nany Grin Cmmrelin6&Cons,haw, Grnnf lASngnoalNamGtiary: Ci¢ofaobuni Legal Oesai par,/STR. SNA56-121N-R52 '1l Assess,,,, Tw: 14m.I his0001060068 THIS F. ASFMEN'I AND AGREEMENT made Aid enteral into this-,o day of Nor .kbt,, .2009, by and between the City of Auburn, a municipal corporation of Rua County, Washington, hereinafter mferreal to as and Valley Cities Counseling & Consultation hereinafter referral to as 'PROPERTY OWNER". WHEREAS. PROPERTY OWNER has applied for certain Tennis. writ the CITY for the construction of facilities for Valley Cities Landing Parking Expansion fowled at 915 26th StreetNL, wbich Create impervious surface; and WHEREAS, the PROPL UTY OWNER will complete a storm ststam; and WIILREAS, the PROPYR'I Y OWNER had the CITY desire that To storm system he maintained to provide adequate facilities for control ling both the quantity and quality of stoom drainage, and W I TREAS, for maintenance of a storm system it is necessary to have appropriate right-uf %Nto to bring in equipment m conduct tarmil anance functionsl and WHEREAS, maintenance requ,rcmcnl is _ with the land and binding upon all heirs, ueecsson and assigns ofboet parties ~end~ Storm R'at tent and Nxintrnane \6eee tent PagelofL in EXCISE TAX NOT REQUIRED 1. EY' 2CA,.reputy WHEREAS, the patties desire that this Agreement be recorded to advise heirs, and assigns of both parties as W the existence of Ibis casement and agreement: successors n WHEREAS, an casement is needed to bring in maintenance equipment and WHEREAS, the panics are both desirous of prompting unpecdon of the storm system to make certain that it is functioning properiy and lot purposes of determining the appropriate retain. NOW, THEREFORE. BASGD UPON MLTUAL COVENANTS TO BE DERIVED THE PARTIES AGRFY AS I(ALLOWS : Section 1, EASEMENT PROPERTY OWNER hereby provides a non-cxdueive easement to the City lot inspection, and maintenance for the auryoses of this Agreement and me national access, Storm Water Pollution Prevention don, 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 W construction records for the City of Auburn under Permit No. GRA00-0014, which recent drawings are hereby incorporated by romence as if set art in full. This easement shall be a burden to that real estate which is legally described and attached as Exhibit "A" & "Be and incorporated herein by this reference, and shall be a benefit to the Gty Storm Doctrine Ulflilv System Section 2, HEIRS, SIICCFSSORS AND ASSIGNS This Agreement shall be binding upon the heirs, succresorn and assigns of the patties. rot vnA"i on Is Stone W1ar Fazemever and Mwalreve, Agamrnt rarO2 of 12 Section 3, MAIN I RNANCE The PROPERTY OWNER Ames tomaintain the storm system in accordance with the ordinances and all applicable codes of the CI I'Y and the Storm Water Pollution Prevention Maintenance and Operation Schedule attached as Exhibit "C" and incorporated herein by this ref ce. The PROPER] Y OWNER does hateby agree that the CITY may enter onto the property of the PROPERTY Ow NLR via the caaemcnt described above to inspect and perform necessary maintenance if, after the PROPERTY OWNER iv given notice to maintain, the PROPERTY OW saER fails in maintain. Further. the PROPERTY OWNER agrees the CITY may enter onto the property of PROPERTY OWNER vin Me casement described above to perform emergency maintonancc in the event of the storm system s failure which might result in adverse impetrate) on public facilities or private facilities of other Topers onners. In both events tae PROPERTY 0)WFR agrees to reimburse Me CITY for if, costs incurred by the C1 FY in maintaining the storm system. Should the CITY incur attorney's fees and/or crisis in enforcing the agreement and/or in maintaining or collecting maintenance fees, the PROPERTY OWNER a_ es to pay reasonable avomes, a fees and all costs incurred by the CITY. Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS PROPERTY OWNER eelcnowled¢es that there may be liability for violations of codes that could result in additional lines and/or Me possibility of incarceration in addition to the fees for manse dide should violations occur St", V, star FaSemmt and htandenvme Aga mW Page 3 of 12 EXECUTED as of the dale but written abowc. p-zuh C~~ d- UxLO 1 Authorized Signature Date Authorized Sigamum Data STATE OF WASHNFTON) COUNTY OF IONG Iwrtify that l know or have satisfacmp evidence that ;"PJ/s W6fftt is the person who appeared before me, and said person acknowledged that be/she signed this instrument, on oath statep that he/she was narcotized to execute the instrument and acknowledged it as the Eo of, a noni corporation, to be tie free and voluntary act of such Pans for the uses and purposes mentioned in this instrument. Dated li/iNa9 RANDISS A TORZA NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JUNE 20, 2012 < esrcr ti eii NoNry Public in and for the Slat of )A ashingmn f Residing at Y3J ebr?~ it S Ny JIF ass; F Y MJ' appointment expires 01o/a n ur Lawmem and Mannerist" Akrccmcni Page 4 o11'_ CA I OF ALBURN (rram' ' -plffrpi~ Stonn Drainage .ngi e Date STAl2OF WASHINGTON) pa, COUNTY OF KING ) I certify that I III or have sutisfactnry evidence that lion Cadaw is 0c person olio appeared befog and said person acknowledeed that he signed this instrument on oath Inc. stated that he w authorized r cute the instrument and acknowledged i as the STORM DRAIFAGE ENGI of l'IIF, CITY OF ALBERN W be the free and voluntary act of such parry For the uses and purposes mentioned in this Inswment. Dated I t gC G`] ~ ~ Ug111l /rbll J I`~ Y 1 g p I. eq~is N[ Y bl c d t lh St t f Wash ngmn ` r sto rIx- Residing at aIC~eO ( '.w iw I e7 "eno` My aptannmrnt cnpdres P h i~ 9l'ra71_I9y\, t0 losivVel, KT'.hlbhb J 11 1 1214 REF 14 DwJOmoeMPO]mteAVilify Ghae Laod,,gll<pal rMcumen¢peo9 Water LAremeD and Mabacwmc A~vnm at 11 EXHIBIT `A' LEGAL DESCRIPTION: PARCEL #0001000068 PARCE VB" OF Cttt OF AUBURN LOT LINE ADJU TMENJ NO LEA 0029-99 RECORDED UNDER RECORDING NO. 199910I9WI629, IN KING COUNTY, WASHINGTON. Smtm Watts Examrnl and NaiMeoanre Aymxmmt Pau 6 of 12 ~I B g. © ~ I o , d.. 5\wm WNn Fmsrnrent entl Mnimm~anw Aglezmenl Page 7 of 12 EXHIBIT `B' EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for the VALLEY CITIES PARKING EXPANSION PERMIT NO.: GRA09-0016 Site Address: 915 26" Street NE Auburn, WA 98002 The project is located in SE %of the SW Section 6-Township 21 N - Range 5 East, W.M., The tax parcel number is 000100-0068 Introduction: This storm drainage technical information report has been prepared to address the Gity of Auburn's site development and storm drainage requirements for the proposed Valley Cities Parking Expansion located at 915 26'° Street NE. Auburn, WA 98002. The site has an area of approximately 1.08 acres and is currently undeveloped, except for one single family house. The subject site will be developed as a parking lot expansion. The subject site is to be paved for the usage of additional parking, with 3 bioretention areas provided for stormwater flow control and water quality treatment. Along with landscaping. 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, and pavement areas via sheet flow. This water will sheet flow to one of the three bioretention areas located on the west, north. and south sides of the new parking area. Here the storm water will be released into the ground through the amended soils within the bioretention areas. sm.m Wt, &...mt v,d wdmelawe ngreemeoi Page 8 of 12 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 stone water facility maintenance. Prevention BMP'S: 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 lA25-649-7000. The bioretention cells 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) Treatment BMP'S: No.9 Wet Biofiltretion Swale Three bioretention cells with no under drains have been installed to treat runoff for conventional pollutants. In addition, the retention capability of the cells was designed to retain the volume created while infiltrating the developed 2-year, 10, 25, and 100-year storm volumes. 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. sm.mv,F,....... d Mainmoenm Aomm,m Pxgc 9'f 12 InspectionlMaintenance: 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 a major storms or heavy winds will require immediate inspections for damages. To ensure proper water quality and treatment, the bioretention cells must be properly maintained Be careful to avoid introducing landscape fertilizer to receiving waters or. groundwater. If bioretention side slopes become eroded over 2' deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Person of Responsibility: Valley Cities Counseling and Consultation 2]04'1' Street HE Auburn WA. 98001 (253) 833-7444 Contact: Judy Coburn Design Engineer: Contour Engineering PLLC 3309 56" Street NW. Suite 106 Gig Harbor, WA. 88335 (253) 85]-5454 Contact Brett Allen 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. Slotm wNar LaSamaN and Saa nneanw Ae,'ermmt Pagc10 0112 CHECKLIST STRUCTURE DATE OF INSPECTIONIMAINTENANCE Results) Maintenance Data Bioretention area #t Inspection Results Maintenance Done Bioretention area #2 Inspection Results Maintenance Don Bioretention area #3 Inspection Results Maintenance Done st"m W,LLx PVem.W and Dlm a=ee A moneu In,II of l2 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 facilitys 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 thata facility is in a condition that requires a maintenance action. No.9-Wet Bilefiltiation Swale Maintenance WNCs or Condition When Maintenance is Recommended Maintenance to Component Problem Needed degrees Required Csnaml $correct sediment depth exceeds pinches in Remove sediment deposits in mulatlan 1Pe. of the IsfeeMen treatment a Walter Depth Water not remNed to a depth of held no or ropair ~,te, berm so about a males during the wet that water is retained in the wet ale Watland vegetation b coma span and Determine cause of lack Of Vapor vegetation does not pdered adequate mtratlcn of Weather and covers OR regeteuoo ¢crowded out by Replant as needed For very dense pence of panel, which ploses meal gmMh cut do not allow water to flow Shown cartel shoots back and winpon the Campo o9¢ne. Note'. normally watland aegetalon does not need to be hireseted unless or, banks sine on son depletion in a w o howar, watery InIeVOutler nleboutat area clogged Sir Remosre hogging or blockage in sediment anaor debts the inlet and error Trash and See Detention Ponds "(No. tj bash and debts from ve w nebhs ete avis. Accumulation Emdenl5cou ns Swale has eroded or scound due to Cheek design flews to assure dosvchannelization. orhigheroows. miss large enough to handle flows. ay-0ass exusa flows or enlarge Swale. Replant eroded s N thinu octal plan such as Juncussquare shat mehf in test areas or snowharry (SVmpbddearPes albue) in dryer areas pose wYOrI exgc 12 of 12