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HomeMy WebLinkAbout20041206002301 STORM EASEMENT 120604Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20041206002301 VISTA HEIGHTS EAS 50.00 PAGE001 OF 013 12/06/2004 15:17 KING COUNTY, UA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC04-0003 Reference # (if applicable): N/A Grantor/Borrower: Vista Heights, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW /4, 31-21-05E Assessor's Tax Parcel ID#: 312105-9006 & 9008 THIS EASEMENT AND AGREEMENT made and entered into this day of ( a,rg2V JjeA_) , 2004, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Vista Heights, LLC, hereinafter rc /.2 13 V 1 4- m WHE for the consti ~ DEC 9 3 204 between 50`" WHE WHE ~ ~ l a fa,, be maintains s storm draina; or certain permits with the CITY D located at Lakeland Hills Loop ce; and lete a storm system; and 'ITY desire that the storm system g both the quantity and quality of WHE t is necessary to have appropriate right-of-way 5 M n- "j-P r" y e0 nY e 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 I of 13 EXCISE TAX NOT REQUIRED f41: Ct►. R s Oivl~ton C ;mr1 r Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 2004 x.20600230 1 VISTA HEIGHTS EAS 80.00 PAGE001 OF 013 12/08/2004 18:17 KING COUNTY, WA Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC04-0003 Reference # (if applicable): N/A Grantor/Borrower: Vista Heights, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW 31-21-05E Assessor's Tax Parcel ID#: 3 1 2 1 05-9006 & 9008 THIS EASEMENT AND AGREEMENT made and entered into this - day of ,e Po I , 2004, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Vista Heights, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for The Vista Heights PUD located at Lakeland Hills Loop between 501h & 515` St. 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 Storm Water Easement and Maintenance Agreement Page I of 13 EXCISE TAX NOT REQUIRED Kl: Cu. ~i s Div~s~an 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 "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. FAC04-0003, 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 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 "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 Storm Water Easement and Maintenance Agreement Page 2 of 13 facilities of other properly 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 -O Drainage Engineer Date Owner f Date Date Storm Water Easement and Maintenance Agreement Page 3 of 13 f STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify I have know or have satisfactoryevidence that is/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 . c-F of LLG a limited liability company, to be the free and voluntary ac of such party for the uses and purposes mentioned in the instrument. Dated SUZANNE BARNES STATE OF WASHINGTON NOTARY- PUBLIC VY COKS. 3103 EXPIRCS 2-16-00 STATE OF WASHINGTON) )ss. County of King ) d for the State of Washington ary Public in an iding at appointment expires •O 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. /Cq Dated -r,~i.• •L iii OTAq cn~' jO(lB LIG hl'h O,c WASY'N . k4\4 Notary Pu d for the ate of W shington Residing at cs~ ~~n My appointment expires /I O WW/tlb File: # 983 REF. H:DevelopmentTormslLegal Documents12004 (Rev. 12/03) Storm Water Easement and Maintenance Agreement Page 4 of 13 EXHIBIT A REVISED PARCEL A THAT PORTION OF GOVERNMENT LOT 3 AND THE EAST HALF OF- THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, CITY OF AUBURN, IN KING COUNTY, WASHINGTON, BOUNDED ON THE NORTH AND EAST BY LAKELAND HILLS WAY SOUTHEAST AS ESTABLISHED BY DEEDS RECORDED UNDER RECORDING NUMBERS 9302161342 AND 9303230225, AND BOUNDED ON THE WEST AND SOUTH BY THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 OF SECTION 31; THENCE SOUTH 01°53'47" WEST A DISTANCE OF 1,315.32 FEET _ TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 3: THENCE SOUTH 88°47'56" EAST, ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 589.04 FEET; THENCE NORTH A DISTANCE OF 451.39 FEET TO A POINT ON A CURVE, BEING THE SOUTHERLY RIGHT OF WAY MARGIN OF LAKELAND HILLS WAY SOUTHEAST AND THE POINT OF BEGINNING; THENCE SOUTH 451.39 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE SOUTH 88°47'56" EAST A DISTANCE OF 684.57 FEET, TO THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 3; THENCE SOUTH 77°43'07" EAST A DISTANCE OF 157.67 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 225.00 FEET AND TO WHICH POINT A RADIAL BEARS NORTH 77°43'07" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 ° 1012 " A DISTANCE OF 161.67 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 295.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36032'55" A DISTANCE OF 188.18 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 276.21 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°17'58" A DISTANCE OF 93.04 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE" SOUTHERLY HAVING A RADIUS OF 50.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79°09'00" A DISTANCE OF 69.07 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY SOUTHEAST AND THE TERMINUS OF THIS LINE DESCRIPTION. Storm Water Easement and Maintenance Agreement Page 5 of 13 EXHIBITS' STORM WATER POLLUTION PREVENTION PLAN for VISTA HEIGHTS SEPA NO. SEP 0047-99 FAC NO. FAC 04-0003 GRA NO. GRA01-0024 Site Address: The project is located in S.W. 1/4 Section 31, Township 21 North, Range 5 East, W.M., Lakeland Hills Way and 47th Street S.E. The tax. parcel numbers are 312105-9006 and 312105-9008. 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 Vista Heights located at Lakeland Hills_ Way and 47th Street S.E. The site encompasses an area of approximately 23.44 acres and is currently undeveloped; vegetated with 2"d growth forest with understory'of brush and grasses. The subject site will be improved with 125 units of single-family detached dwellings, private driveways, private onsite storm drain conveyance, public sanitary sewer, public water- and utilities. The subject site contains Approximately 8.03 acre! pervious developed are undisturbed. relatively steep (10-50%) northerly facing slopes. is to be impervious area and 8.91 acres to be a. Approximately 6.5 acres is to remain 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. For this project the stormwater quantity and quality control facilities are located offsite and are owned by the City of Auburn. These facilities are maintained by the City of Auburn. Storm Water Easement and Maintenance Agreement Page 6 of 13 We have proposed to collect stormwater runoff from the landscaped, building, and pavement areas in a series of catch basins. The stormwater is then conveyed to two discharge locations. Runoff within the western half (approximately) is conveyed towards the southwest corner of the site and enters an overland storm pipe heading west. From here, runoff is conveyed to one of the offsite stormwater quantity and quality control facility. Runoff within the eastern half (approximately) is conveyed towards the northeasterly corner of the site and enters into a catch basin within the 47'h Street S.E./Lakeland Hills Way intersection. From here runoff is conveyed to a second offsite stormwater quantity and quality control facility. A wetland is located within the northeastern portion of the site. Roof runoff is to be utilized to maintain the hydrology for this sensitive area. Runoff from eleven roofs will be conveyed to dispersion trenches from which runoff will exit and sheet flow into the wetland. Excess runoff will enter into a catch basin and drain into the storm system towards the 47th Street S.E./Lakeland Hills Way intersection. Roof runoff is considered clean; therefore, no treatment prior to entering the wetlands is necessary. 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 onsite catch basins shall have stenciled on them "DUMP NO WASTE - DRAINS TO STREAM." The owner shall be responsible for sweeping the onsite access driveways, installing storm drainage stenciling and provide spill control procedures. In case of spill call DOE at 1-425-649-7000. The onsite 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. Storm Water Easement and Maintenance Agreement Page 7 of 13 • Maintenance Standards for Drainage Facilities No. 5 - Catch Basins No. 6 - Debris Barriers (e.g. Trash Racks) No. 7 - Energy Dissipaters (Department of Ecology Storm Water Manual, August 2001). Treatment BMP'S The existing offsite stormwater quantity and quality control facilities are to treat site runoff for conventional pollutants. The City of Auburn Utilities 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 Utilities Sections. 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 1rispections 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. Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Vista Heights LLC 7947-159th Place N.E. Suite 100 Redmond, Washington 98052 (425) 869-2020 Design Engineer: Apex Engineering PLLC 2601 South 35th Street, Suite 200 Tacoma, Washington 98409 (253) 473-4494 Storm Water Easement and Maintenance Agreement Page 8 of 13 Plan and/or Information Updates: The City of Auburn Utilities 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 Utilities Sections. INSPECTION/MAINTENANCE CHECKLIST STRUCTURE/ DATE OF INSPECTION/MAINTENANCE,1 ' •ti MAINTENANCE COMPONENT Results/ Maintenance Date Inspection All Catch Basins" Results Maintenance Done Debris Barrier Inspection Results . Maintenance .Done Energy Dissipaters Inspection Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 9 of 13 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 thata facility is in a condition that requires a maintenance action. 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 Trashor debris Debris in front of the catch basin opening or is located immediately in 'blocking Wetting 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 ofthe 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' i 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. a 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 No. 5 - Catch Basins Continued General Fractures or Maintenance person judges that structure is Basin replaced or (continued) 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. 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. dosed 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 13 No. 6 - Debris Barriers (e.g:,.Trash-Racks) "Maintenance Defect Condition When Maintenance is Results Expected When Components Needed Maintenance is Performed General Trash and Trash or debris that is plugging more Barrier cleared to design flow Debris than 20% of the openings in the barrier. capacity. Metal Damaged/ Bars are bent out of shape more than 3 Bars in place with no bends more Missing inches. than 3/4 inch. Bars. Bars are missing or entire barrier Bars in place according to design. missing. Bars are loose and rust is causing 50% Barrier replaced or repaired to deterioration to any part of barrier. design standards. Inlet/Outlet Debris barrier missing or not attached to Barrier firmly attached to pipe,, ri Pipe pipe. No. 7 - Energy Dissipaters Storm Water Easement and Maintenance Agreement Page 12 of 13 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 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' ' v:•rY.J,"Y2~%~;,~~l~r~.~'✓a ,.Y~!~~~i5,`;cr(ya. ~t.~r(a'di+. r" V, J't No. 7 - Energy Dissipaters (continued). Maintenance Defect Conditions When Maintenance is Results Expected When Components , oil, Needed Maintenance is Performed 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 which would make structure unsound.. of Chamber Other See "Catch Basins" (No. 5).. See "Catch Basins" (No. 5). Defects