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HomeMy WebLinkAbout200503090146 STORM EASEMENT 030905ptJ~ayr- W T%Ds,1a. 011--Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 ~~mm~mu~~mmmimm~iNnu 200503090146 11 ,03-09-2005 a~=BZS oo iPIERCE COUNTY. WASHINGTON Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC04-0001 Reference # (if applicable): N/A Grantor/Borrower: Lakeland Single Family 1, LLC Grantee/Assignee/Beneficiary: City of Auburn. Legal Description/STR: NW '/4, 06-20N-05E Assessor's Tax Parcel 1D#: 052006-5004 Rnirl Hnniimmmtol record by Pacific Nonhwest Tide as ammmodation on~a it has n exceed as to pq*ff "o,acat, THIS EASEMENT AND AGREEMENT made and entered into his ~22!d day of (:jmbCX ; 2004, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and, Lakeland Single Family 1, LLC hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Lakeland Area 5, Division 2ANerona Division 2, located between Panorama Drive SE & 64th Street 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 m 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" 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. FAC04-0001, 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" and incorporated herein by this reference, and shall be a benefit to the City Storm 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 "B" 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 he/she/they/it shall 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 Stwffi Drainage Engineer Date Lakeland Single Family 1, L.L.C., a Washington limited liability company By: PNW HOMES NORTH, L.L.C., a Washington limited liability company Its: Manager i By: PNW HOMES, L.L.C., a Washington limited liability company Its: Manager By: PNW HOMES GROUP, INC., a Washington Corporation Its: General Partner I ' By: ichT rd Ra lings Its: Authorized gent W W/bi File: #978 REF. H:DevelopmentTorms\Legal Documents\2004 (Rev. 12/03) 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 a ' C 1 1► 1 0 \40TARy 9N % (P PUBLIC' STATE OF WASHINGTON) ) ss COUNTY OF KING ) Notary Publ' in and for the Sta of Washingtonn Residing at My appointment expires ' l r o I certify I have know or have satisfactory evidence that yawlinas /are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the 1A of a limited liability company, to be the free and voluntary act of s 4h party for the uses and purposes mentioned in the instrument. Dated 12-22- o4 P~YN BF''''ll JM=aacaj ~.~0`~~pTARY &rn" d nt2 Ue``G Z % Notary Public in and for the State of Washington Ao : Residing at y~ • r0: 31 N, My appointment ires 16-?2l-Qj ~~IFO..WAS~~? EXHIBIT A Legal Description- Area 5 Division 2A, Verona/Division 2 Lot 3, City of Auburn Lot Line Adjustment Number LLA-03-0014, recorded under Auditor's File Number 200310291143, records of Pierce County, Washington. Except that portion thereof described as follows: COMMENCING at the southeast corner of said Lot 3; said corner being on the west right-of- way margin of Evergreen Way SE; thence N12°35'52"W, along said west margin and the east line of said Lot 3, a distance of 72.36 feet to the POINT OF BEGINNING of the herein described tract; thence S76°12'00"W 856.51 feet; thence N34°03'49"E 174.77 feet to a point of tangency with a 660.00 foot radius curve to the left; thence northerly, along said curve, through a central angle of 33°34'18", a distance of 386.72 feet to a point of tangency; thence N00°29'31"E 429.65 feet to a point of tangency with a 65.00 foot radius curve to the right; thence northeasterly, along said curve, through a central angle of 36°56'13", a distance of 41.90 feet to a point of tangency; thence N37°25'44"E 392.79 feet to a point of tangency with a 335.00 foot radius curve to the left; thence northeasterly, along said curve, through a central angle of 14°23'52", a distance of 84.18 feet to a point of tangency; thence N23°01'52"E 179.35 feet to a point of tangency with a 65.00 foot radius curve to the right; thence northeasterly, along said curve, through a central angle of 26°06'19", a distance of 29.62; thence N49008'11"E 85.26 feet to a point on the northeasterly boundary of said Lot 3, said point being on the southwesterly right-of-way margin of Panorama Drive and on the arc of a 454.00 foot radius curve to the left, the center of which bears N31°50'15"E; thence the following seven courses and distances along the boundary of said Lot 3; thence southeasterly along said curve and margin, through a central angle of 9034'30", a distance of 75.87 feet to a point of tangency; thence S67°44'15"E, along said margin, 23.06 feet to a point of tangency with a 25.00 foot radius curve to the right; thence southeasterly, along said curve and margin, through a central angle of 86°59'27", a distance of 37.96 feet to a point of reverse curvature with a 927.50 foot radius curve to the left and the west margin of said Evergreen Way SE; thence southerly, along said curve and margin, through a central angle of 8°41'08", a distance of 140.60 feet to a point of tangency; thence S10°34'04"W, along said margin, 213.01 feet to a point of tangency with a 927.50 foot radius curve to the left; thence southerly, along said curve and margin, through a central angle of 23°09'56", a distance of 375.00 feet to a point of tangency; thence S12°35'52"E, along said margin, 625.02 feet; to the POINT OF BEGINNING. Contains 629,351± square feet (14.4479± acres). EXHIBITS' STORM WATER POLLUTION PREVENTION MAINTENANCE and OPERATION SCHEDULE for Lakeland, Area 5, Div. 2A Plat FAC# 04-0001 Site Address: The project is located in NE, NW and SW, 06-20N-05E, W.M., west of Evergreen Way N.E., between 64th Street S.E. and Panorama Drive S.E. The tax parcel number is 052006-5004. 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 Lakeland, Area 5 Division 2A Plat project located west of Evergreen Way N.E., between 64th Street S.E. and Panorama Drive S.E. The site has an area of approximately 14.5 acres and is currently cleared and rough graded. The subject site will develop as a neighborhood of single-family homes. The subject site will include 63 single-family lots, all of which will be served by the central plat road of Montevista Drive S.E. 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 series of catch basins. This water will be conveyed by storm drainage pipe to a storm water detention and water quality pond (Pond #3) that was already constructed per the Master Drainage Plan and which is located at the base of the slope that is due west of Evergreen Way S.E. Here the storm water will be released into a 30" existing overland HDPE storm drainage line, which flows into a system that includes culverts, an open swale and additional tight line components that flow to the southwest along a paved utility access road. This system connects to the "direct discharge line" within Lake Tapps Parkway East, which drains via overland pipes to East Valley Highway and then discharges downstream of the Puget Sound Energy power generating station within a constructed channel known as the "Tailrace". The "Tailrace" ultimately drains to the White River. 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 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, detention/wet pond, and control structures 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 Since the project site is part of the Lakeland Hills master planned community, the stormwater detention and water quality facilities that will serve this project have already been constructed by others. The only facilities that will be constructed as a part of this project.are the components of the tight line conveyance system needed to convey the stormwater runoff to the existing facilities. For this reason, the only portion of Chapter 4.6 "Maintenance Standards for Drainage Facilities" of the August 2001 edition of the Washington State Dept. of Ecology's Stormwater Management Manual for Western Washington that is applicable to this project is: No. 5 - Catch Basins (Department of Ecology Storm Water Manual, August 2001). Treatment BMP'S: This section was not applicable to this project since no on-site "Treatment BMP's" will be constructed for this project. 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 yards, sidewalks, driveways and open space areas 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: Lakeland Single Family 1, LLC 11624 S.E. 5 Street, Suite #200 Bellevue, WA 98005 Design Engineer: Core Design, Inc. 14711 N.E. 29th Place, Suite #101 Bellevue, WA 98007 Plan and/or Information Updates: The City of Auburn Utilities Section is to review and approve any changes to this stormwater 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 Utilities Sections. INSPECTION/MAINTENANCE CHECKLIST UCT S D OF I W T N ' TR URE ATE NSPECTION AIN E ANCE Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Yard Drains and Inspection Cleanouts 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 9 of 1 1 No. 5 - Catch Basins `Maintenance Defect Conditions When Maintenance is Needed' Results E pe,cted";Wh'en' Gomponen°t Main'te-nane"e is- performed 77. 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 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 separation 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 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 I I 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 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. 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 Cover can be removed by to Remove after applying normal lifting pressure. one maintenance person. (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 I I of I I