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Home My WebLink About20150807000634 STORM WATER EASEMENT AND MAINT AGREEMENT 06/12/2015 5 2 - zz - oZtZ Return Address: City Auburn ty Cler101 I I III II I 010 IIII25WestMain Auburn,WA II II 98001 20150807000634 FIRST AMERICAN EAS 158.00 PAGE-001 OF 015 08/07/2015 12:02 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT GRA 14-0014 Reference # (if applicable): Grantor/Borrower: Leonid Boyko and Victoria Boyko Grantee/Assignee/Beneficiary: City, of Auburn Legal Description/STR: SE % 32-22N-5E Assessor's Tax Parcel ID#: 184140-0060 THIS EASEMENT AND AGREEMENT made and entered into this 1 day of _...1t.0.1 . , 2015, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Leonid Boyko and Victoria Boyko hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for a new concrete driveway located at 28123 109th Ave SE, 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 - fte9 at Storm Water Easement and Maintenance Agreement rt ord a::r.,, a„LOmmodat:on Ord'. Page I of 15 It has not been examined oa a proper execution or as to its entat EXCISE TAX NOT REQUIRED upon title. Kin C . Re ids Nisi n DePutY 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. GRA14-0014, 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 15 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. Storm Water Easement and Maintenance Agreement Page 3 of 15 1 ECUTED as of the date first written ab e. 6 — IQ— 15 I. Caner Date / (p—/ (, " t S c-6-1k0' Q. Owner Date STATE OF WASHINGTON ) ) ss COUNTY OF KING V CA-Cs 6n1) I certify that I know or have satisfactory evidence that _ . r �i 6o go and is/p�. " persT(s) who appeare , d before me, and said individual(s) a nowledged that he ey ._ned this instrument and acknowledged it to be his/her/ eir and voluntary •. or the uses and purposes mentioned in this instrument. Dated CI b \� J�P ,p.�k,M•EX'D, di .` OTAR ff 'e! , 3 tn ,^% 0: 9:Fe°us3t tag fr',€ Notary Public ashington e% APYtis;'"0 Residing at W OF «R5 •' My appointment expires n Storm Water Easement and Maintenance Agreement Page 4 of 15 CITY OF AUBURN Tim Carlaw, Storm Drainage yaps" 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 4/4 '1,5 .ua� pyp� #. 1111/ , A. 6 y Q °'% $s. Notary Public 'Land for the State of Washington Residing at r �n ep Co +. i a a ,atie J g My appointment expires t/ 19/IS 7,�y, 1./9.is3rr_o 111/1, WAS\\ tlnttt\�\\\\�"`� MAB/tlb REF. H:\Development\Projects\Boyko Driveway\Project#1380\Agreements\2015 Storm Water Easement and Maintenance Agreement Page 5of15 Exhibit A Legal Description: Crestview Tracts,Lot 6,located in King County,Washington,SE 1/4 of Section 32,Township 22 North,Range 5 East,WM,on parcel number 1841400060. Storm Water Easement and Maintenance Agreement Page 6 of 15 EXHIBIT B SCALE: 1'=40' Pty�ocpLc \ \ \ YARD GRAIN 1 / \ 1 u : ui g 1 TRENCH DRAIN L ' r ��IIIY IIII y.. a YARD DRAIN " � I u cn EXG SEPTIC DRAINFIELD 16 L f of •T. �r� f \ 5LFDISPERON 1 �/ �j TRENCH \ 2N_il _ J \ / 1 Storm Water Easement and Maintenance Agreement Page 7 of 15 EXHIBIT'C' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for BOYKO DRIVEWAY GRA NO. 14-0014 Site Address: The project is located in SE % of Section 32, Township 22, Range 5 East, W.M., 28123 109u' Avenue SE, Auburn, WA. The tax parcel number is 1841400060. 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 Boyko Driveway located at 28123 109°'Avenue SE, Auburn, WA. The site has an area of approximately 0.66 acres and is currently developed with a single-family residence. The subject site will be developed with a widened vehicle parking area and a retaining wall. The subject site slopes to the west. 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 new impervious surface. This water will be conveyed by storm drainage pipe to a storm water dispersion area near the southwest corner of the existing house. From here the storm water will be discharged to the southwest corner of the property. 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. Storm Water Easement and Maintenance Agreement Page 8 of 15 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 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.5—Catch Basins • No.7—Energy Dissipators Treatment BMP'S: This project is exempt from providing water quality treatment. 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. 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: Leo Boyko 28123 109'"Avenue SE Auburn,WA 98030 (425)387-6779 • Storm Water Easement and Maintenance Agreement Page 9 of I S Design Engineer: AP Consulting Engineers PLLC Adam E.Paul,PE PO box 162 Auburn,WA 98071 (253)347-0887 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 Page 10 of 15 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE �'t yD TEetN PEC I NIrTENA.0 a 1' ,�' Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Dispersion Trench Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Dane Storm Water Easement and Maintenance Agreement Page 11 of 15 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 15 • 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 Debris in front of the catch basin opening or is located Immodiatoly in blocking intoning 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 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 tho 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 silting 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 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 secure at basin wall. joint of any inietloutiet 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 13 of 15 • No.5—Catch Basins Maintenance Defect , '� ' CondlOOns When Maintenance Is Needed . Results Expected Whem.- Cemporienl v - -Maintenance is Vegetation growing In inlet/outlet pipe joints No vegetation or root that Is more than six Inches tall and less than growth present. slx 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 Insetting 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 14 of 15 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 Sail 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 standards. Water (normal condition is a'sheet flow"of Properly water along 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 Catch Basin. design storm or its 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 15 of 15