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