Loading...
HomeMy WebLinkAbout200503090149 STORM EASEMENT 030905-IT 4 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recordins information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC04-0007 Reference # (if applicable): N/A IV~fNI~1U~IWIN~I~~Y~IBItlU~ 03-09-2005 IERCE COUNTY. WASHINGTON P 13 Grantor/Borrower: Lakeland Wedgewood IILCu~;ua ae~,~~o od'° Grantee/Assignee/Beneficiary: City of Auburn ps by Pacific Nonhwss4 T 00 bwn Legal Description/STR: NE/NW '/4, 06-20-05 -agora only. it hag Assessor's Tax Parcel ID#: 052006-5003 1 THIS EASEMENT AND AGREEMENT made and entered into this Ib day of 24)94; by and between the City of Auburn, a municipal corporation of King County, shington, hereinafter referred to as "CITY" and Lakeland Wedgewood II, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Wedgewood II located at 64th & Evergreen Way 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 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 Storm Water Easement and Maintenance Agreement Page 1 of 13 03 t 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. FAC04-0007, 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. 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 2 of 13 EXECUTED as of the date first written above. Owner Date Owner STATE OF WASHINGTON) ) ss COUNTY OF KING ) Date I certify I have know or have satisfactory evidence that ,~~~Gl'1 Q Y Ra y\ 1 i d i4are 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 (k!.1.1h YT 7r-& aCif rv of LaKruLeAk C - a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 1-1 b'0c) -~aA, LY/ye :v NCTARY m m % Lim (,l R to a- 6c1D- ' Cn: Notary Public in and for the State of Washington (P PUBLIC r~-31-01 ,•~;~0~= Residing at p My appointment expires l.b- 21-0-1 Storm Water Easement and Maintenance Agreement Page 3 of 13 EXECUTED as of the date first written above. CITY OF AUBURN 66- z - os Stor rainage Engineer 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 C9 /1/ /01*1 X~~~~`S NlTA=Y c~n•: 110 ~21 69 t s N PJJ13 G Notary Public in and for the State of Washington 6 : 2 : Residing at c e~1 G' My appointment expires / W W/tlb File: #993A REF. H:Development\Forms\Legal Documents\2004 (Rev. 12/03) Storm Water Easement and Maintenance Agreement Page 4 of 13 Exhibit A LEGAL DESCRIPTION UNIT 2, LAKELAND HILLS INNER CIRCLE CONDOMINIUM, ACCORDING TO THE FIRST. AMENDMENT THERETO RECORDED UNDER RECORDING NUMBER 200312045001, RECORDS OF PIERCE COUNTY, WASHINGTON Storm Water Easement and Maintenance Agreement Page 5 of 13 EXHIBIT B STORMWATER POLLUTION PREVENTION PLAN For Wedgewood II FAC#04-0007 Site Address: The project is located in (QTR Section) NE, (Section) 6 - (Township) 20 N - (Range) 5 East, W.M., 62020 Evergreen Way N.E. The Tax Parcel # is R0520065003 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 Wedgewood, Phase 2 project located at 64000 Evergreen Way N.E. The site has an area of approximately 10 acres and is currently cleared with complete frontage improvements. The subject site will develop as a multi-family condominium project. The subject site will include 25 separate residential buildings containing both flats and townhouses for a total of 170 units, as well as some detached garages. 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 the existing conveyance system in Evergreen Way S.E., which will convey the water to a storm water detention and water quality pond that was already constructed per the Master Drainage Plan, located in the Mill Pond/North Basin. Here the storm water will be released into an existing storm drainage conveyance system, which flows westward via overland pipes to the East Valley Highway and ultimately discharges to a constructed channel known as the "Tailrace". The "Tailrace" ultimately drains to the White River. Storm Water Easement and Maintenance Agreement Page 6 of 13 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. Please refer to the maintenance manual prepared previously, by others, for 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. Storm Water Easement and Maintenance Agreement Page 7 of 13 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 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. Storm Water Easement and Maintenance Agreement Page 8 of 13 Person of Responsibility: Lakeland Wedgewood II, LLC 11624 S.E. 5 Street, Suite #200 Bellevue, WA 98005 Design Engineer: Core Design, Inc. 14711 N.E. 29 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. (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 9 of 13 INSPECTION / MAINTENANCE CHECKLIST STRUCTURE DATE OE,,, Ec swt « «~Z , y.... Results/ Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Results Maintenance Done Inspection Results Maintenance Done Inspection Results Maintenance Done Inspection Results Maintenance Done Inspection Results Maintenance Done Inspection Results Maintenance Done Inspection Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 10 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 that a facility is in a condition that requires a maintenance action. Storm Water Easement and Maintenance Agreement Page 11 of 13 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed 'Re<sults'Expected When',' Component Maintenance;4is" 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. Storm Water Easement and Maintenance Agreement Page 12 of 13 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When "Gomponent Maintenance is performed 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. 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 13 of 13