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Home My WebLink About20110725000062 STORM WATER EASEMENT AND MAINT AGREEMENT 07/06/2011Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this 18-X-05' (70 � STORM WATER EASEMENT AND MAINTENANCE AGREEMENT 151 GRAII -0013 Reference # (if applicable): N/A " +, Grantor/Borrower Bank of Washington Grantee/Assignee/Beneficiary, City of Auburn r"rn„ r� a' ®j;;� Legal Description/STR. NW V. S 18 — T2 IN — R5E t t}�' j Z �9e`v 'ia4 Assessor's Tax Parcel 1])#- 1821059142, 1821059333 & 182105TR -A THIS EASEMENT AND AGREEMENT made and entered into this S61�) day of 2011, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Bank of Washington hereinafter referred to as 'PROPERTY OWNER ". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Bank of Washington Short Plat Access located at 438 and 442 H 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 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 Storm Water Easement and Maintenance Agreement Page 1 of 13 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. GRA11 -0013, 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. parties. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the 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 Storm Water Easement and Maintenance Agreement Page 2 of 13 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. ized Si nature ate -G- I ( (J Authorized Signature Date ST T� E OF WASHINGTON) <S C \Y� ) ss COUNT F KING ) I certify that I kn or have satisfactory evidence that and is /are the person(s) who appeared before me, and said in t du '>` al(s) acknowledged that he /she /they signed this instrument and acknowledged it to be htsker\ /their free and voluntary act for the uses and purposes mentioned in this instrument. Dated State at My appointment expires Storm Water Easement and Maintenance Agreement Page 3 of 13 CORPORATE ACKNOWLEDMENT STATE OF WASHINGTON ) l�� ss. COUNTY OF Y ✓V� S ) On this � day of . J 1/l 1 U 20 I ,before me, the undersigned Ngtary Public personally appeared F)YtA 0- / VJ of /,U !; of and personally known to me or proved to me on the basis of satisfactory eviden e to be an autho zed agent(s) of the corporation that executed the foregoing instrument and acknowledged the instrument to be the free and voluntary act and deed of dte corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he /she /they is /are authorized to execute this instrument and to fact executed the instrument on behalf of the corporation. O � SSt0 expzRti By _ _ _ `1 NOTARY F'^ Notary Public n at d to he ate of Washington _ Residing at I PUBLIC My commission expires. I N� 1- 29.2014 \OP WASH��G CITY OF AUBURN --'ri—m Carlaw, Storm Drainage Engin er 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 -4-43 1/l op HS /tlb File: 91315 Residing at — 111 e 1. CP Uo u N My appointment expires f / / C) Storm Water Easement and Maintenance Agreement Page 4 of 13 EXHIBIT'A' STORMWATER EASEMENT TRACT 'A' OF AUBURN SHORT PLAT NO. SPL08 -0001, AS RECORDED UNDER RECORDING NO. 20110517900001, RECORDS OF KING COUNTY, WASHINGTON; SITUATED IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. ,E 11 STORMWATER EASEMENT I � HEDGES I Engineering & Consulting, Inc. Prof. No. Date: Design: 913 Kincaid Avenue, Sumner, WA 98390 2010.07 -50 6/30/11 JWM (253) 891 -9365 (800) 540 -9847 Page 5 EXHIBITS' TRACT W, AUBURN S.P. NO. SPL08 -0001 REC. NO. 20110517900001 1S 2 ,5., 5TH ST NE S89'46'08 "E 159.77' LOT 1 N86'25'05 "W �o Lo hti 99.02' 3 r N N O N M LOT 2 I" 0 o x¢32 SS, GRAPHIC SCALE 40 0 40 80 (IN FEET) 1 inch = 40 ft. CURVE TABLE N co I LENGTH RADIUS I ANGLE C11 n 48.50 55'46'42" C21 CO 27.50 3 cli LU N 60 Z T O tn 0 TRACT A 2 Jj . . 1S 2 ,5., 5TH ST NE S89'46'08 "E 159.77' LOT 1 N86'25'05 "W �o Lo hti 99.02' 3 r N N O N M LOT 2 I" 0 o x¢32 SS, GRAPHIC SCALE 40 0 40 80 (IN FEET) 1 inch = 40 ft. CURVE TABLE CURVE I LENGTH RADIUS I ANGLE C11 4722 48.50 55'46'42" C21 1441 27.50 30'01'45" N86'3_ g3g"W 41 00' q.30111 OF I STORMWATER EASEMENT HEDGES Prof. No.: Dote: Deslgn: , Engineering & Consulting, Inc. 913 Klncold Avenue, Sumner, WA 98390 12010.07 _ 6/30/11 JWM (253) 891 -9365 (800) 540 -9847 EXHIBIT `C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for the BANK OF WASHINGTON SHORT PLAT — SHARED ACCESS Ce 3 :7_\ zN 1 !e 3 :7116 11!01411151 Site Address: The project is located in the NE %. of the NW '% Section 18, Township 21 North, Range 5 East, W.M., on the southeast corner of 'H' Street NE and 5th Street NE. The tax parcel number for the access Tract is 182105 -TR -A. 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 Bank of Washington Short Plat Shared Access located at the southeast corner of 'H' Street NE and 5th Street NE. The site has an area of approximately '/ acre, is currently occupied by a detached single - family residence, and has sidewalk along 'H' Street NE and curb and gutter along both 'H' Street NE and 5th Street NE. The subject site has been subdivided into two residential lots, and a new shared - access driveway and storm drainage system is to be constructed under this proposal. A new single - family residence or duplex structure will be constructed on Lot 1 of the short plat in the future. The subject site will be developed at this time with a paved shared access driveway with minor improvements to the existing residence's gravel d riveway 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 single catch basin. This water will be conveyed by storm drainage pipe to a storm water infiltration trench located beneath the paved shared access driveway Storm Water Easement and Maintenance Agreement Page 7 of 13 in Tract 'A' Here the storm water will be retained and released into the ground. 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 GROUNDWATER." 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 basin and infiltration trench 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 City of Auburn Surface Water Management Manual, November 2009) No. 2 — Infiltration No 5 — Catch Basins Treatment BMP'S: A downturned elbow has been installed to treat runoff for conventional pollutants. The elbow was designed to trap suspended solids prior to entering the infiltration trench. 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. Storm Water Easement and Maintenance Agreement Page 8 of 13 To ensure proper water quality and treatment, the infiltration trench must be properly maintained Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. Catch basins shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Bank of Washington Attn: Bruce Addison or Anna Kirchmeyer 1942458 th Place West Lynwood, WA 98036 425 - 275 -5600 (Will change to new owner upon sale of property) Design Engineer: Hedges Engineering & Consulting, Inc. Attn: Jeremy Metzler 913 Kincaid Avenue Sumner, WA 98390 253 - 891 -9365 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 upon sale of property are to be reported to the City Storm Drainage Utility section. Storm Water Easement and Maintenance Agreement Page 9 of 13 INSPECTION /MAINTENANCE CHECKLIST 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 10 of 13 111' 111 " "4'lis "I`Ifl;ulgllt, lli!I'{!'�Pnlll�'I � . "''R:��!Ig11iIIII,il4, IBNNllill 11111111'1; ', IIII � VII�IHUh',pl. I I J11411I .I IJ,I,III111I(IIIIIIIIII �� I ¶III �,4t:� ^'" „P. 111111 ,, STRUCTURE ;I DATE OF INSPECTJION /MAINTENANCE, VIII IIIIIlpU +ll' " "I I' 19V11IIII !jililoi�<<I,iIII�IIII! VIII "IEIIIIIIIII!IiIIIIItlIII°', Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Infiltration Trench 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 10 of 13 No. 2 — Infiltration Maintenance .Defect' Conditions'When Maintenance Is ' ' Results Expected When I!, Component •!i I' -r . Needed Maintenance -Is - ' =� Performed -- General Trash & Debris See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Poisonous /Noxious See "Detention Ponds" (No. 1). See "Detention Ponds" Vegetation (No. 1). Contaminants and See "Detention Ponds" (No. 1). See "Detention Ponds" Pollution (No. 1). Rodent Holes See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Storage Area Sediment Water ponding in infiltration pond after Sediment is removed rainfall ceases and appropriate time and /or facility is cleaned so allowed for infiltration, that infiltration system works according to design. (A percolation test pit or test of facility indicates facility is only working at 90% of its designed capabilities. If two inches or more sediment is present, remove). Filter Bags (if Filled with Sediment Sediment and debris fill bag more Filter bag is replaced or applicable) and Debris than 1/2 full. system is redesigned. Rock Filters Sediment and By visual inspection, little or no water Gravel in rock filter is Debris flows through filter during heavy replaced. rainstorms. Side Slopes Erosion See "Detention Ponds" (No. 1). See "Detention Ponds" of Pond (No. 1). Emergency Tree Growth See "Detention Ponds" (No. 1). See "Detention Ponds" Overflow (No. 1). Spillway and Berms over 4 feet in height. Piping See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Emergency Rock Missing See "Detention Ponds" (No. 1). See "Detention Ponds" Overflow (No. 1). Spillway Erosion See "Detention Ponds" (No. 1). See "Detention Ponds" (No. 1). Pre - settling Facility or sump 6" or designed sediment trap depth of Sediment is removed. Ponds and filled with Sediment sediment. Vaults and /or debris Storm Water Easement and Maintenance Agreement Page 1 I of 13 No. 5 — Catch Basins "Maintenance 'Defect' l,!' 6 ifir Conditioris'Wtien MaidenanceilslNeeded, •Results;,Expected When Component -, j,;;'t' j,p,p: r, Maintenance Is 1• :G »,i . r;:I; ,, d; +: ',r 61 ' ! performed' General Trash & Trash or debris which is located immediately No Trash or debris 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 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 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 or vegetation present within 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 frame the riser rings or top slab from the top slab. Frame not securely and firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or Cracks in 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 joint secure at basin wall. of any inlettoutlet 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 more No vegetation blocking than 10% of the basin opening. opening to basin. Storm Water Easement and Maintenance Agreement Page 12 of 13 No. 5 —Catch Basins %Maintenance ,;Defect' = "'' Conditions,When Maintenance Is Needed "" Results Expected When - ,Component: . a�C:; ��.•�n,. - '' 6 '.,, 4Mairitenance Is _ performed :. Vegetation growing in inlettoutlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. Contaminatio See "Detention Ponds" (No. 1). No pollution present. n and Pollution Catch Basin Cover Not in Cover is missing or only partially in place. Any Catch basin cover is Cover Place 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 112 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 Ladder is unsafe due to missing rungs, not Ladder meets design Rungs securely attached to basin wall, misalignment, standards and allows Unsafe rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate Grate with opening wider than 7/8 inch. Grate opening meets (If Applicable) opening design standards. Unsafe 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 13 of 13