HomeMy WebLinkAbout20010425001250 STORM EASEMENT 042501e
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Return Address:
City of Auburn City Clerk
25 West Main
Auburn, WA 98001
JUN 1 't
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250
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
Reference # (if applicable):
N/A
Additional on page:
GrantorBorrower:
1) Foxwood, LLC
2)
Additional on page:
Grantee/Assignee/Beneficiary:
City of Auburn
1
Legal Description/STR:
/4, 06-20-05E
NE
Additional on page:
Assessor's Tax Parcel ID#:
052006-1018
4?//& -PAJ 6(j T Af- 8 5 y41--/P
THIS EASEMENT AND AGREEMENT made and entered into this l9 fi-°day of
2001 , by and between the City of Auburn, a municipal corporation of
King ounty, Washington, hereinafter referred to as "CITY" and Foxwood, LLC, located at
1415 Western Ave., Suite 505, Seattle, WA 98101-2051, hereinafter referred to as "PROPERTY
OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at Foxwood 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 ruing with the land and binding
upon all heirs, successors and assigns of both parties; and x0011"" ngs) wow nw w
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Storm Water Easement and Maintenance Agreement ~11*md as to Propw x of
Page 1 of 9 ON to ft sdied upon #ft
PACEF001NOFT009EAS 18
04/23/2001 11:33
KING COUNTY, WA
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:
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Section 1, EASEMENT
PROPERTY OWNER hereby provides an easement over, under 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. FA00035-98, 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,
CIV and shall be of benefit to the City storm 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 Stormwater 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 it shall 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
Storm Water Easelnent and Maintenance Agreement
Page 2 of 9
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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
DIRECTOR OF PUBLIC WORKS
Foxwood, LLC
By: Tarragon Communities
Its: Manager
By, N e: Joseph D. Blattner
Title: President
Storm Water Easement and Maintenance Agreement
Page 3 of 9
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that
are the
person(s) who appeared before me, and saZwere rson(s) acknowledged that lshe/they signed this
instrument on oath stated that authorized to execute the instrument -and
acknowledge as the W\a Ana he of
n -g?-- ruywwd a limited liability company, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated -
s5) It
•\Sg10N~c 0
10,
o NOTARY 9m : ~i
C"i PUBLIC
1! sJ; 6 gyp,
oF19:.N\~ _ Notary Public in d for the State of Washington
WASresiding at uti a, l ((A
My appointment expires
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that 0-'' V,64tA*Q-, ~ • ~P.~/
is the person who appeared before me, and said person acknowledged that he signe his
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it
as the DIRECTOR OF PUBLIC WORKS of THE CITY OF AUBURN to be the free and
voluntary act o such party for the uses and purposes mentioned in this instrument.
Dated
III' 1Y0~'~11 '
i ft~o TAR Y 0% 1pPUB%xv• i Notary Publi in and fort e State of Washington
+i~s~q •3; 2s:.°.••af~`'- residing at Q~o
My appointment expires :5 101110 a
AWMs/bd
File: 2.1, 4.1
REF. FAC98-0035 (STM WAT EASE & MAINT AGREE)\E01-336
Storm Water Easement and Maintenance Agreement
Page 4 of 9
EXHIBIT `A'
FOXWOOD
REVISED LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHEAST. QUARTER OF SECTION 6, TOWNSHIP 20
NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN,. CITY OF AUBURN, PIERCE COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 3 OF THAT BOUNDARY LINE
ADJUSTMENT RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NO. 200006140639;
THENCE NORTH 76046'29 EAST, ALONG THE NORTH LINE THEREOF, A DISTANCE OF
568.20 FEET; THENCE SOUTH 14°46'24". EAST 355.07 FEET TO A POINT ON A NON-
TANGENT CURVE, CONCAVE SOUTHERLY, SAID CURVE HAVING A RADIUS OF 34.50
FEET AND TO WHICH POINT A RADIAL BEARS NORTH 09°47'05" WEST; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 42°40'08" A
DISTANCE OF 25.69 FEET; THENCE SOUTH 14°46'24" EAST 21.79 FEET; THENCE SOUTH
75°13'36" WEST 22.50 FEET; THENCE SOUTH 14°46'24" EAST 48.30 FEET TO A POINT OF
CURVATURE OF A CURVE, CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A
RADIUS OF 4296.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 01°07'02", A DISTANCE OF 83.77 FEET; THENCE
un SOUTH 76°22'03" WEST 391.68 FEET; THENCE NORTH 11°28'56 WEST 184.76 FEET;
V_ THENCE SOUTH 76°22'03" WEST 100.07 FEET; THENCE SOUTH 11°28'56" EAST 15.01 FEET;
~ THENCE SOUTH 76°22'03" WEST 105.65 FEET; THENCE NORTH 11°28'56" WEST 354.62
u FEET TO THE POINT OF BEGINNING.
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Storm Water Easement and Maintenance Agreement
Page 5 of 9
EXHIBIT B
Stormwater Pollution Prevention Plan
for
Foxwood at Lakeland
FAC#0035-98
Site Address
The site is located in the Northeast 1/4 and Northwest 1/4 of Section 6, Township 20 North,
Range 5 East, W.M., containing approximately 6.24 acres lying south of Heatherwood and north
of the Wedgewood at Lakeland and west of Lakeland Hills Way SE. The site address is from
Lakeland Hills Way.
C)
Foxwood is a proposed multi-family development located in the City of Auburn in a portion of
Section 6, Township 20 North, Range 5 East of the Willamette Meridian. The development is
o part of the Lakeland South Master Planned Community. The northern boundary of the site abuts
Heatherwood and the southern boundary abuts Wedgewood; both are proposed multi-family
c developments. The eastern boundary abuts Lakeland Hills Way. Undeveloped land abuts the
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N western boundary of the site.
Development of Foxwood will result in 31 multi-family units and encompasses an area of
approximately 6.29 acres. A well site is located in the south west portion of the site (not included
in boundary area). The well site is currently elevated above the final grade of the site by
approximately 30'. The well site will be lowered to the final grade of the site with the well to
remain functional. The proposed units will be served by private roads, City of Bonney Lake
water, City of Auburn sanitary sewer and an enclosed private drainage system.
Drainage from the developed areas of the site are part of the overall Lakeland Hills North/South
Basin which drains to a regional detention facility known as the "Mill Pond Basin." The specific
site area is located within the area identified as the "Lakeland Hills Way Sub-basin" as identified
in the Comprehensive Drainage Plan prepared by CH2MHILL, March 1991 and the Storm
Drainage Plan Update prepared by the Montgomery Water Group, Inc. in December 1999. The
regional facility was sized with the area of Foxwood included (see Appendix A). The regional
facility has been designed for both water quality and quantity.
Drainage from the development will all be directed into an enclosed storm drainage system that
will discharge to an existing storm drainage trunk line within Lakeland Hills Way. All runoff
from the proposed roadways and lots will eventually discharge to the "Mill Pond" regional
detention facility.
Storm Water Easement and Maintenance Agreement
Page 6 of 9
Introduction .
Drainage from the entire developed areas of the site is included in the Lakeland Hills
North/South Basiri that drains to a regional detention facility known as the "Mill Pond Basin."
The regional facility has been designed for both water quality and quantity. The regional facility
ultimately discharges to the White River.
Plan Goal
The goal of this plan is to provide means of ensuring that the private drainage from the site is
adequately conveyed to the public conveyance lines described previously. The site will have a
direct discharge to the aforementioned public conveyance lines.
Preventative BMP's
The catch basins shall have stenciled next to them "DUMP NO WASTE-DRAINS TO
GROUNDWATER." All catch basins and yard drains are to have sumps to allow large
particulate to settle without being introduced to the main conveyance lines. Also, the sumps will
facilitate in maintaining and cleaning the system.
Homeowners should be informed that their drainage system is directly released and should be
en told of the dangers of introducing fertilizer or other pollutants that could potentially drain to
L.n
receiving waters.
C Treatment BMP's
C~4 No on-site treatment BMP's are proposed. Water quality treatment is provided downstream
within the regional detention facility.
o Inspection
N
On-site catch basins and yard drains should be inspected at least one a year.
Maintenance
Sediment and objects should be removed from catch basins and yard drains when a depth of six
(6) inches or more has accumulated. Also, care should be taken to avoid introducing fertilizers
or other pollutants that could drain to receiving waters.
Person of Responsibility
Once the site is constructed, maintenance of the storm drainage facilities will become the
responsibility of the Foxwood, LLC.
Storm Water Easement and Maintenance Agreement
Page 7 of 9
Tarragon Communities, Inc.
Manager
1415 Western Avenue, Suite 505
Seattle, Washington 98101-2051
Phone: (206) 233-9600
Signature of Person of Responsibility Date
Engineer Preparing Plan:
U" Apex Engineering, PLLC
Mr. Matthew Weber, P.E.
2601 South 351h Street, Suite 200
Tacoma, Washington 98409
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o Phone: (253) 473-4494
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Plan and/or Information Updates
The City of Auburn is to review and approve any changes to this Stormwater Pollution
Prevention Plan prior to changes in its implementation. Additionally, any change in ownership
or person of responsibility is to be reported to the City Utilities Section.
Inspection / Maintenance Checklist
See following Table.
Storm Water Easement and Maintenance Agreement
Page 8 of 9
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STRUCTURE
DATE OF INSPECTIONIMAINTENANCE
CB#1 INSPECTION RESULTS
MAINT. DONE
CB#2 INSPECTION RESULTS
MAINT. DONE
CB#3 INSPECTION RESULTS
MAINT. DONE
CB#4 INSPECTION RESULTS
MAINT. DONE
CB#5 INSPECTION RESULTS
MAINT. DONE
CB#6 INSPECTION RESULTS
MAINT. DONE
CB#7 INSPECTION RESULTS
MAINT. DONE
CB#8 INSPECTION RESULTS
MAINT. DONE
CB#9 INSPECTION RESULTS
MAINT. DONE
CB#10 INSPECTION RESULTS
MAINT. DONE
CB#11 INSPECTION RESULTS
MAINT. DONE
CB#12 INSPECTION RESULTS
MAINT. DONE
CB#13 INSPECTION RESULTS
MAINT. DONE
CB#14 INSPECTION RESULTS
MAINT. DONE
CB#15 INSPECTION RESULTS
MAINT. DONE
CB#16 INSPECTION RESULTS
MAINT. DONE
CB#17 INSPECTION RESULTS
MAINT.. DONE
CB#18 INSPECTION RESULTS
MAINT. DONE
AWMs/bd
File: 2.1, 4.1
REF. FAC98-0035 (STM WAT EASE & MAINT AGREE)\E01-336
Storm Water Easement and Maintenance Agreement
Page 9 of 9