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Home My WebLink About20010425001250 STORM EASEMENT 042501e ev r- CZ) C-3 L r) N 0 V-- co 0 N =~z Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 JUN 1 't C67-Y ®G~E~ Cl 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 wwd by Pscift Nw tow* Tills W a cocvvanadaftn oNr. R has nd bmn 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: L-: Ld"t 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 C-1 612 G14 C=i C3 •8'? CV p CI O N 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. CV C.3 'r. C=j cm C'V 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 c= 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 r- o Phone: (253) 473-4494 0 C"i 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 C-1 u'~ C1{. P- c:a C" 4 C_l 0 G7 N 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