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