HomeMy WebLinkAbout200407290720 STORM EASEMENT 072904rv~cyu~LU 11 PGS
07-29-2004 03:33pm $48.00
PIERCE COUNT-,W ASHINGTON
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 9806
STORM M
AU6 10 2004
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116E
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'E AGREEMENT
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06-20-05E
ax Parcel IN: 052006-5004
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. THIS EASEMENT AND AGREEMENT made and entered into this I'+- day of
, 2004, by and between the City of Auburn, a municipal corporation
of King C nty, Washington, hereinafter referred to as "CITY" and Lakeland SFDC II,
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Storm Drainage located at 6200 Evergreen Way, which
create impervious surface; and
WHEREAS, the PROPERTY OWNER will complete a storm system; and
yid dcc ent s9 were flied for
WHEREAS' the PROPERTY OWNER nd t p to U the storm system
~r®~dy r~ a ,
be maintained to provide adequate facilitier
forT,controlling b'othEthetoantity and quality of
storm drainage; and examined
~a~
as to its 6O4"..`-
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
Storm Water Easement and Maintenance Agreement ,`r MTAXO `ter ,.4V *ATE--1"z~l
'
Page 1 of 1 1 vtojw county
'r
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
IM~GVI0MY20VGVswM~~ 2004 PIERCE COON.TY 03 :'w~sH;~~,oN
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC04-0005
Reference # (if applicable): N/A
Grantor/Borrower: Lakeland SFDC II I .Z1 PN c---r
Grantee/Assignee/Beneficiary: City of Auburn -P
Legal Description/STR: NW %4, 06-20-05E 0
Assessor's Tax Parcel ID#: 052006-5004
THIS EASEMENT AND AGREEMENT made and entered into this - f+- day of
I I'LL 2004, by and between the City of Auburn, a municipal corporation
of King C nty, Washington, hereinafter referred to as "CITY" and Lakeland SFDC II,
hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities for Storm Drainage located at 6200 Evergreen Way, which
create impervious surface; and
WHEREAS, the PROPERTY OWNER will complete a storm system; and
98 ~A
C, ) wets 11lod or
pid d Tent TT'd
WHEREAS, the PROPERTY OWNEv anthe~slk;that the storm system
be be ma intained to provide adequate facilitieS~Q1.~G/£~7ord coYY nt Qrolling~,~b'otkighetq')09ntity and quality of
storm drainage; and "amined ac- ac
as to its
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
Storm Water Easement and Maintenance Agreement
Page I of I I
Ruth. Sig
X
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.
FAC04-0005, 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
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 ent
kl 3 't.*44
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 suc party-for the uses and-purposes mentioned in.this instrument.
Dated r 0/1 01y
BADS
(`Q' $siONE4
~A! A,
#
o ~OTARy 9N
i ~ U e..® ft~21
N PUB~~G .7 Z
s Notary Public in and for the tate of Washington
01 ;A ' Residing at
My appointment expires It / o
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
the person(s) who appeared before me, and said
signed this instrument on oath stated that he/she
instrument and acknowledge as the (1,1 k1 1bVYL-
of w
liability company, to be the f
mentioned in the instrument.
Dated - ~"U11
g~• Pr 8
Q _ Sr ,,~o1 AR Y cn i
01
PU81-XG
OF WA.'5
U is/are
person(s) acknowledged that he/she/they
'thev was/were authorized to execute the
a limited
voluntary act of such party for the uses and purposes
n
Notary ruRlic inn and for the State of Washington
Residing at 6" 0,UUY1bA
My appointment ex Aires ID
W W/bi
File: #985
REF. H:Development\Forms\Legal Documents\2004 (Rev. 12/03)
Storm Water Easement and Maintenance Agreement
Page 4 of I I
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
rm Drainage Engineer Date
Lakeland SFDC II, L.L.C., a Washington limited liability company
By: PNW HOMES NORTH, L.L..C., a Washington limited liability company
Its: Manager
By: PNW HOMES, L.L.C., a Washington limited liability company
Its: Sole Member
By: PNN' O SSiRC1l,JP, INC.., a Washington Corporation
Its: Sol fiber
lily: Randall Forsyth
Its: Authorized Agee
Storm Water Easement and Maintenance Agreement
Page 3 of I I
I
EXHIBIT `A'
Legal Description.
Lakeland Area 5, Division 213/Verona Condominium North
That portion of Lot 3, City of Auburn Lot Line Adjustment No. LLA-03-0014, recorded
under Auditor's File No. 200310291143, records of Pierce County, Washington 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°t'34'18'?, a distance of 386.72 feet to a point of
tange -a point of tangency with a 65.00 foot radius
ncy; thenc6N00°29'31"E'429.65'feeto
curve to the 'right; thence northeasterly, along said curve, through a central angle of
36°56'13", a distance of 41.90 feet to apoint 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 N49°08'11"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 9°34'30", 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 654,103± square feet (15.0161± acres).
Storm Water Easement and Maintenance Agreement
Page 5 of 11
EXHIBITS'
STORM WATER POLLUTION PREVENTION PLAN
For
Lakeland, Area 5, Div. 2B
FAC#04-0005
Site Address:
The project is located in NE, NW, SE and SW 1/4's, 06-20N-5E, 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 2B 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 15 acres and is currently
cleared and rough graded. The subject site will be developed as a
neighborhood of single-family detached condominium homes.
The subject site will include 118 single-family detached units that will be
accessed by a network of private access tracts and alleys.
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" ultimatelv drains to the White River.
Storm Water Easement and Maintenance Agreement
Page 6 of 11
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/
wetpond, 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
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.
Storm Water Easement and Maintenance Agreement
Page 7 of I I
I
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 Land Development, LLC
11624 S.E. 5th 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.
Storm Water Easement and Maintenance Agreement
Page 8 of 11
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
DATE OF INSPECTION/MAINTENANCE
Results/
Maintenance
Date
In p6ction=~-
All Catch Basins
Results
Maintenance
Done
Inspection
Conveyance Pipes
Results
Maintenance
J
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 I I
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 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 11
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 "Detentio"n 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
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