HomeMy WebLinkAbout20141124000989 STORM WATER EASEMENT AND MAINT AGREEMENT 10/31/20147�
MT- AIMENCAN
Retum Address:
City of Aubum
City Clerk
25 West Main
Auburn, WA 98001
20141120000989
KING COUNTY, WA
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Above this line reserved for recording inlonnation.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC 13 -0002
Reference # (if applicable):
Grantor /Borrower:
Timofey Kondratyev
Grantee /Assignee /Beneficiary:
City of Auburn
Legal Description/STR:
Lot 2, King County Short Plat number 384046,
recorded under recording no. 8510150479, and
revised by instrument recorded under recording
number 8710141140, being a portion of northwest
quarter of the southeast quarter of Section 2,
Township 21 North, Range 4 East, Willamette
Meridian, in King County, Washington. (p)
Assessor's Tax ParcelID #:
022104 -9172
THIS EASEMENT AND AGREEMENT made and entered into this 3 1 day of
OC-6 b C./ , 2014, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and
Timothy Kondratyev, hereinafter referred to as "PROPERTY OWNER ".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for the Kondratyev Short Plat located at
6107 South 296" Street, 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
Storm Water Easement and Maintenance Agreement ,;;i c,T i? :; ? fi4 Uh
Page 1 of 16 P:Q U'LIBUMly FOR V.ALM -117 AIM / 6t.
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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
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.
FAC13 -0002, 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.
Storm Water Easement and Maintenance Agreement
Page 2 of 16
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 3 of 16
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.
IoLzlh
Owner Date
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that _T I MOPFY KONDRfinE V
is the person who appeared before me, and said individual acknowledged that he signed
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in this instrument.
Dated Q(%I,dYk --,N, 201
Notary Public
State of Washington
TIARA N REINHARDT
My Appointment Expires Dec 22, 2014
Notary Public in and for the State of Washington
Residing at , W9
My appointment expires I Z
Storm Water Easement and Maintenance Agreement
Page 4 of 16
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CITY OF AUBURN
'arlaw, Storm Drainage Engineer
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 I I' 1y l iq
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Notary Publinand for the ate of7 Washington
Residing at I lei Cn
My appointment expires
SAS /tlb
File: 1347
REF. l l: \Development \Projects \Kondratyev Short PlatTegal Documents\2014
Storm Water Easement and Maintenance Agreement
Page 5 of 16
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EXHIBIT A
LEGAL DESCRIPTION
LOT 2, KING COUNTY SHORT PLAT NUMBER 384046, RECORDED
UNDER RECORDING NO. 8510150479, AND REVISED BY INSTRUMENT
RECORDED UNDER RECORDING NUMBER 8710141140, BEING A
PORTION OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLLAMETTE
MERIDIAN, IN KING COUNTY, WASHINGTON. (P)
Storm Water Easement and Maintenance Agreement
Page 6 of 16
Exhibit B
Storm Water Easement and Maintenance Agreement
Page 7 of 16
EXHIBIT `C'
STORM WATER POLLUTION PREVENTION
MAINTENANCE and OPERATION SCHEDULE
for
KONDRATYEV SHORT PLAT
FAC 13 -0002
Site Address:
The project is located in the SW '/4 of the Section 2, Township 21 North, Range 4
East, W.M., at 6107 South 296th Street in Auburn, WA. The development will
occur on tax parcel number 0221049172.
Introduction:
This storm drainage report has been prepared to address the City of Auburn's
site development and storm drainage requirements for the proposed Kondratyev
Short Plat project. The portion of the site that will be disturbed for construction
has an area of approximately 0.694 acres and is currently covered with grass on a
lot with an existing residence. The subject site will be developed by constructing
a shared access road, two new single - family, residences, a water main, sidesewer
connections, and stormwater facilities to serve the improvements.
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 Design Manual. We
have proposed to construct dispersion systems to address the majority of the
stormwater coming from the new residences' roofs and driveways. The remainder
of the stormwater runoff will be directed to a StormFilter treatment system at the
north end of the new access road.
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.
Storm Water Easement and Maintenance Agreement
Page 8 of 16
The catch basins must be visually inspected for accumulation of debris and silt
and will be maintained as required by this operation and maintenance manual and
attachments.
Maintenance Standards for Drainage Facilities:
No. 5 — Catch Basins
No. 7 — Energy Dissipaters
No. 15 — StormFilter
No. 22 — Compost Amended Soil
Treatment BMP'S:
The StormFilter that has been installed will treat runoff for conventional pollutants.
The StormFilter was designed to treat 91 % of the volume of stormwater runoff
from the site as calculated using WWHM.
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 seasonal 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 StormFilter 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:
Timofey Kondratyev Jason Consulting & Engineering Business
12213 SE 307th Place Jason Bell, PE
Auburn, WA 98092 33402 147th Avenue SE
Auburn, WA 98092
Storm Water Easement and Maintenance Agreement
Page 9 of 16
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.
INSPECTION /MAINTENANCE CHECKLIST
STRUCTURE
DATE OF INSPECTION /MAINTENANCE
Results/
Maintenance
Date
Stormfilter
Inspection Results
Maintenance Done
All Catch Basins
Inspection Results
Maintenance Done
Conveyance
System
Inspection Results
Maintenance Done
Dispersion Trench
Inspection Results
Maintenance Done
Dispersion Areas
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 10 of 16
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance is
performed
General
Trash &
Trash or debris which is located immediately
No Trash or debris located
Debris
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 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 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
Cracksin
unsound.
to design standards_
Basin Walls/
Bottom
Grout fillet has separated or cracked wider
than 1/2 inch and longer than 1 foot at the
Pipe is regrouted and
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 more
No vegetation blocking
than 10% of the basin opening.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 11 of 16
No. b— Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
Component
that is more than six inches tall and less than
Maintenance is
six inches apart.
performed
Storm Water Easement and Maintenance Agreement
Page 12 of 16
Vegetation growing in inletloutlet 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. 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 Rungs
Ladder is unsafe due to missing rungs, not
Ladder meets design
Unsafe
securely attached to basin wall, misalignment,
standards and allows
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 12 of 16
No. 7 - Energy Dissipaters
Maintenance
Defect
Conditions When Maintenance is
Results 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 Rock
native soil in area five square feet or
standards.
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 with
20% of the design depth.
matches design.
Sediment
Not
Visual evidence of water discharging at
Trench redesigned or rebuilt to
Discharging
concentrated points along trench (normal
standards.
Water
condition is a "sheet flow" of water along
Properly
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 Flows
Maintenance person observes or
Facility rebuilt or redesigned to
Out Top of
receives credible report of water flowing
standards.
"Distributor"
out during any storm less than the design
Catch Basin.
storm or it's causing or appears likely to
cause damage.
Receiving
Water in receiving area is causing or has
No danger of landslides.
Area Over-
potential of causing landslide problems.
Saturated
Internal:
Manhole /Chamber
Worn or
Structure dissipating flow deteriorates to
Structure replaced to design
Damaged
1/2 of original size or any concentrated
standards.
Post,
worn spot exceeding one square foot
Baffles, Side
that would make structure unsound.
of Chamber
Other
See "Catch Basins" (No. 5).
See "Catch Basins" (No. 5).
Defects
Storm Water Easement and Maintenance Agreement
Page 13 of 16
No. 16 - STORMFILTERTM
Maintenance
Defect
Condition When Maintenance is
Results Expected When
Component
Needed
Maintenance is Performed
Below Ground
Sediment
Sediment depth exceeds %4 inch.
No sediment deposits that
Vault
Accumulation on
would impede permeability of
Media.
the compost media.
Sediment
Sediment depth exceeds 6- inches in first
No sediment deposits in vault
Accumulation in
chamber.
bottom of first chamber.
Vault
Trash/Debris
Trash and debris accumulated on
Trash and debris removed from
Accumulation
compost filter bed.
the compost filter bed.
Sediment in
When drain pipes, clean -outs, become
Sediment and debris removed.
Drain
full with sediment and /or debris.
Pipes /Clean-
Outs
Damaged Pipes
Any part of the pipes that are crushed or
Pipe repaired and/or replaced.
damaged due to corrosion and /or
settlement.
Access Cover
Cover cannot be opened, one person
Cover repaired to proper
Damaged /Not
cannot open the cover using normal
working specifications or
Working
lifting pressure, corrosion /deformation of
replaced.
cover.
Vault Structure
Cracks wider than 1/2 -inch or evidence
Vault replaced or repairs made
Includes Cracks
of soil particles entering the structure
so that vault meets design
in Wall, Bottom,
through the cracks, or
specifications and is structurally
Damage to
maintenancelinspection personnel
sound.
Frame and /or
determine that the vault is not structurally
Top Slab
sound.
Cracks wider than 1/2 -inch at the joint of
Vault repaired so that no cracks
any inlet/outlet pipe or evidence of soil
exist wider than 114 -inch at the
particles entering through the cracks.
joint of the inlet/outlet pipe.
Baffles
Baffles corroding, cracking warping,
Baffles repaired or replaced to
and /or showing signs of failure as
specifications.
determined by maintenance /inspection
person.
Access Ladder
Ladder is corroded or deteriorated, not
Ladder replaced or repaired and
Damaged
functioning property, not securely
meets specifications, and is
attached to structure wall, missing rungs,
safe to use as determined by
cracks, and misaligned.
inspection personnel.
Below Ground
Media
Drawdown of water through the media
Media cartridges replaced.
Cartridge Type
takes longer than 1 hour, and /or overflow
occurs frequently.
Short Circuiting
Flows do not properly enter filter
Filter cartridges replaced.
cartridges.
Storm Water Easement and Maintenance Agreement
Page 14 of 16
NO. 22 - COMPOST AMENDED SOIL
Maintenance
Defect
Conditions When Maintenance Is
Results Expected
Component
Needed
When Maintenance Is
Performed
General Facility
Soil media
Vegetation not fully covering ground
Re -mulch landscape
Requirements
(maintain high
surface
beds with 2 -3 inches of
organic soil
mulch until the
content)
vegetation fully closes
over the ground surface
Preventative maintenance
Return leaf fall and
shredded woody
materials from the
landscape to the site as
mulch.
On turf areas,
"grasscycle" ((mulch -
mow or leave the
clippings) to build turf
health.
Avoid broadcast use of
pesticides (bug and
weed killers) like "weed
& feed ", which damage
the soil life.
Where fertilization is
needed (mainly turf and
annual flower beds),
use a moderate
fertilizationprogram that
relies on natural
organic fertilizers (like
compost) or slow -
release synthetic
balanced fertilizers.
Compaction
Soils become waterlogged, do not
To remediate, aerate
appear to be infiltrating.
soil, till or further
amend soil. If drainage
isstill slow, consider
investigating alternative
causes (e.g. high wet -
season
groundwaterlevels, low -
permeability soils). Also
consider land use and
protection from
compacting activities. If
areas are turf, aerate
compacted areas and
top dress them with ''%
to 1/2 inch of compost to
renovate them.
Storm Water Easement and Maintenance Agreement
Page 15 of 16
NO. 22 - COMPOST AMENDED SOIL
Maintenance
Defect
Conditions When Maintenance Is
Results Expected
Component
Needed
When Maintenance Is
Performed
Erosion /scouring
Areas of potential erosion are visible.
Take steps to repair or
prevent erosion.
Indentify and address
the causes of erosion.
Grass/vegetation
Less than 75% of planted vegetation is
Take appropriate
healthy with a generally good
maintenance actions
appearance.
(e.g. remove/replace
plants).
Noxious weeds
Listed noxious vegetation is present.
By law, loxious weeds
See Pierce County noxious weed list.
must be removed and
disposed immediately.
Herbicides and
pesticides shall not be
used in order to protect
water quality.
Weeds
Weeds are present.
Remove and dispose of
weed material.
Herbicides and
pesticides shall not be
used in order to protect
water quality.
Storm Water Easement and Maintenance Agreement
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