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Home My WebLink About20100923000801 STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 092310 Return Address: City of Auburn City Clerk 25 Wes Mai Auburn,WAn98001 20100923000801 PACIFIC NW TIT EAS 135.00 PAGE-001 OF 012 09/23/2010 14:07 KING COUNTY, WA Above this line reserved for recording information. ,"�t l f AClti iC lz cR f, S f ,r;- t W `5�b STORM WATER EASEMENT AND MAINTENANCE AGREEMEN BLD10-0130/STM10-0161 ( lk 115 Reference#(if applicable): N/A Grantor/Borrower: Valley Cities Counseling and Consultation Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 1/4—S6—T21N—R5E L1(C7 Assessor's Tax Parcel ID#: 512540-0340 • THIIS EASEMENT AND AGREEMENT made and entered into this Ctkti day of ficwnpe-r , 2010, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Valley Cities Counseling and Consultation, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Valley Cities Storage Building located at 2536 "I" 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 Storm Water Easement and Maintenance Agreement Page 1 of 12 EXCISE' r4 X NOT REQUIRED � s r ',I, Records 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. BLD10-0130, 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 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 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 Storm Water Easement and Maintenance Agreement Page 2 of 12 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. EXECUTED as of the date first written above. CITY OF AUBURN im Carlaw, Storm Drainage En_ neer 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 9/fel/ /0 ilo„ „ 111■AL Q� 1041 IN,A\',� i -A raW. J slid N wr ,`c, 2 5 Notary Public in and for the State Washj�igton '/1, `% ,�' 1 ' 0 "' Residing at 1-"'LSzl"r 0_0 u Nt y ��1f.tg.0 �s�. = g 6,�ff'''�t'��`��''''«��•��*�"`'��►v My appointment expires Storm1Wi�O�E ` l Maintenance Agreement Page 3 of 1 IN WITNESS WHEREOF the Grantor has executed these presents this Isth day of Sqre_rabe,C , 2010. 17v�` C 1 Va L.L. Chess Authorized Signature ' Cov/Se1 � + C G an STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that 774 s>he,(4 is the person who appeared before me, and said person acknowledged that..he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the CEO of, a non—profit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Pr9 4 f,C 2e/b fN1r4))1,S,5 )c,£let) Notary Public in and for the State of Washington KA\D SS ,A. TURZA Residing at tote i eo-u , NOTARY PUBLIC My appointment expires l%)/ 0/2- STATE OF WASHINGTON COMMISSION EXPIRES JUNE 20, 2012 HS/t1b File:#1296 REF.H:\Development\Projects\Valley Cities\STM Forms\Legal Documents\2010 (Rev.05/06) Storm Water Easement and Maintenance Agreement Page 4 of 12 EXHIBIT "A" Parcel B Property Description Parcel B: Commencing at the southwest corner of Lot 6,Block 2, Maplewood Addition to the City of Auburn, according to the Plat thereof recorded in Volume 17 of Plats,page(s) 98, in King County, Washington; thence North 00°23'05" West,along the easterly margin of"I" Street Northeast, a distance of 132.03 feet to the True Point of Beginning; thence continuing along said easterly margin,North 00°23'05" West, a distance of 66.41 feet to the beginning of a curve tangent to said line; thence leaving said easterly margin northeasterly distance of 34.62 feet along the curve concave to the southeast, having a radius of 22.00 feet and a central angle of 90°10'10" to the southerly margin of 26th Street Northeast; thence North 89°4705" East,tangent to said curve, along said southerly margin, a distance of 207.93 feet to the easterly margin of Vacated Alley as vacated September 18, 1967 by City of Auburn Ordinance Numbers 2209 and 2128; thence South 00°23'04" East, along said easterly margin of Vacated Alley,a distance of 88.69 feet; thence South 89°50'16" West, a distance of 230.00 feet to the True Point of Beginning.H .4(1``o� Sy j.0 / 44,4 /;' < %0` y 38965 J`i y� I S L N0� e„JQ ■ Storm Water Easement and Maintenance Agreement Page 5of12 69'88 ---- O CO -,t�- i II 0 HOA 7' 61,444&14 '3 \ v,AK 111 „ \ _ ca [J / m y - 4 ? ' ii► �. O O C o Q) C11 al in t`O N a N a �l W w LO 0aoo cr � °� � L4 CD a Z .., E Z `u >< CI) Y /Y V 1 u W U ° m c 0 13 C71 O JQ ^ ' c Q1 `�l c u-o a_ c o cu CD IV 0 oN 4)aaD .14'99 EO 2E1 \/ HN ZS «I 11 Storm Water Easement and Maintenance Agreement Page 6 of 12 OPERATION AND MAINTENANCE MANUAL For the VALLEY CITIES STORAGE BUILDING STM10-0161 / BLD10-0130 Site Address: The project is located in the SW 1/4 of Section 6, Township 21 North, Range 5 East, W.M., at 2536 `I' Street NE. The development will occur on tax parcel number 5125400340. Introduction: This storm drainage report has been prepared to address the City of Auburn's site development and storm drainage requirements for the proposed Valley Cities Storage Building project. The portion of the site that will be disturbed for construction has an area of approximately 0.298 acres and is currently occupied by a garage. The subject site will be developed to include an additional building which will be used for storage and will contain 0.059 acres of building roof, 0.066 acres of other impervious surfaces, and 0.117 acres of landscaping. According to the City of Auburn's standards for stormwater management, the city requires stormwater quantity and quality control for all proposed developments where they meet the thresholds in the City's Surface Water Management Manual. We have proposed to collect all of the stormwater runoff from the landscaped, building, and pavement areas and direct it to a stormwater infiltration facility beneath the new site access area. Plan Goal: The specific purpose for the stormwater facility is to minimize pollution that is typically associated with modern development. This includes, 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 stormwater facility maintenance. Prevention BMP's: Any 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 providing spill control procedures. In case of spill call the Washington State Department of Ecology at (425) 649-7000. The catch basins and pervious concrete must be visually inspected for accumulation of debris and silt and will be maintained as required by this operation and maintenance manual and attachments. Storm Water Easement and Maintenance Agreement Page 7 of 12 Maintenance Standards for Drainage Facilities: No. 5 — Catch Basins No. 24 — Pervious Pavement Treatment BMP's: The pervious concrete that has been installed will treat runoff for conventional pollutants. In addition, the retention facility was designed to detain 100% of the volume from all design storms up to and including the 100-year design storm. The City of Auburn Utilities Section is to review and approve any changes to this Operation and Maintenance Manual 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: 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 severed seasonal storms. Routine maintenance of the site will include mowing, care of landscaping, and the removal of trash and debris from the pervious concrete. 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 pervious concrete must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. Catch basins shall be cleaned when sump contains four inches or more of sediment or debris. Person of Responsibility: Design Engineer: Valley Cities Counseling AP Consulting Engineers PLLC Faith Richie, CEO Adam E. Paul, PE 2704 I Street NE PO Box 1012 Auburn, WA 98002 Auburn, WA 98071 (253) 876-3425 (253) 347-0887 Storm Water Easement and Maintenance Agreement Page 8 of 12 INSPECTION/MAINTENANCE CHECKLIST RESULTS/ STRUCTURE MAINTENANCE DATE NOTES All Catch Basins Inspection results Maintenance Done Pervious Inspection Results Concrete Maintenance Done Conveyance Inspection Results Pipes Maintenance Done Maintenance Standards for Drainage Facilities: The facility-specific maintenance standards that follow this checklist are intended to be conditions for determining through inspection if maintenance actions are required. Exceeding these conditions at any time between inspections and/or maintenance actions 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 9 of 12 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 in front of the catch basin opening or is located immediately in blocking inletting capacity of the basin by front of catch basin or on more than 10%. grate opening. Trash or debris(in the basin)that exceeds No trash or debris in the 60 percent of the sump depth as measured catch basin. from 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 1/3 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 basin. from 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 and firmly attached. securely attached Fractures or Maintenance person judges that structure Basin replaced or Cracks in is unsound. repaired to design Basin Walls/ standards. 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 Misalignment function,or design problem. repaired 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 10 of 12 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 growth present. than 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 closed. maintenance. Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. proper tools. Not Working Bolts 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 Missing. grate. meets design standards. Storm Water Easement and Maintenance Agreement Page 11 of 12 NO. 24-PERVIOUS PAVEMENT Maintenance Defect Conditions When Maintenance Is Results Expected When Component Needed Maintenance Is Performed Surface Pervious asphalt Maintenance to prevent clogging with Use conventional street or cement fine sediment. sweepers equipped with concrete 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. Utiolity cuts Any damage or change due to utility cuts must be replaced in kind. Fallen Fallen leaves or debris Remove/dispose leaves/debris 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 manufacturer's blocks recommendations. Varied conditions Perform O&M per manufacturer's recommendations. Storm Water Easement and Maintenance Agreement Page 12 of 12