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Home My WebLink About20010425001251 STORM EASEMENT 042501G7 r- 0 0 N Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 200 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (FA00038-98) Reference # (if applicable): N/A Additional on page: Grantor/Borrower: 1) Heatherwood, LLC 2) FILED BY PNW7Additional on page: Grantee/Assignee/Beneficiary: City of Auburn, Legal Description/STR: NE 1/4, 06-21-05E Additional on page: Assessor's Tax Parcel ID#: 052006-1017 THIS EASEMENT AND AGREEMENT made and entered into this 19 day of 20 bl, by and between the City of Auburn, a municipal corporation of 7 King County, Washington, hereinafter referred to as "CITY" and Heatherwood, 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 Heatherwood 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 for upon all heirs successors and assigns of both artiest and ocu~(a) we tWd parties; mo►d by PsciAc Northwest TO* *a 8CM1 mo~stion oNy. R hm net bmn Storm Water Easement and Maintenance Agreement as to ma L"n t Page 1 of 9 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: Section 1, EASEMENT cv C=) 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. FA00038-98, 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, 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 Easement and Maintenance Agreement Page 2 of 9 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 c DIRECTOR OF PUBLIC ORKS C~ O Heatherwood, LLC By: Tarragon Communities, Inc. o Its: Manager By: Nav,, : J eph 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 ~k~Q p~ VS Ware the person(s) who appeared before ine, and said person(s) acknowledged that she/they signed this instrument on oath stated that /she/they was/were authorized to execute the instrument and acknowledge as the N\Ckv~Q-qA 0--' of 4k- 4Qk*k&u d a imited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated --q-(~ v~~ \SSIO O0 ~ : het +A 2 II o NOTARY LI ~U~ M JU~1hS~ m' i PUBLIC W' ; Notary Public i and for the State of Washington l 61 residing at cnv '6=:.~:.•••'•~". My appointment expires s. V- C=) STATE OF WASHINGTON) )ss. County of King ) cv I certify that I know or have satisfactory evidence that -k ' , r- is the person who appeared before me, and said person acknowledged that he signe is 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 of such party for the uses and purposes mentioned in this instrument. Dated p~ M. ~yo\~1 ` \Sg10MA I NOTARY ~'umi•: ~p 11 1 l-- PUBLIC S Notary Publi 'D and fort State of Washington ~~~1sq a oI!,Z residing at-t-t.~ ~Q 9~•''~__ My appointment expires 2 AWMs/bd File: 2.1, 4.1 REF. FAC98-0038 STM WAT EASE & MAINT AGREE)\E01-332 Storm Water Easement and Maintenance Agreement Page 4 of 9 EXHIBIT 'A' HEATHERWOOD 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 2 OF THAT BOUNDARY LINE ADJUSTMENT RECORDED UNDER PIERCE COUNTY AUDITOR'S FEE NO. 9901260552; THENCE NORTH 75°13'36" EAST ALONG THE NORTH LINE THEREOF, A DISTANCE OF 525.13 FEET; THENCE SOUTH 14°46'24" EAST 127.00 FEET; THENCE NORTH 75°13'36" EAST 13.00 FEET; THENCE SOUTH 14°46'24" EAST 124.28 FEET TO A POINT ON A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, SAID CURVE HAVING A RADIUS OF 34.50 FEET AND TO WHICH POINT A RADIAL BEARS SOUTH 19°23'51" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42°29'48" A DISTANCE OF 25.59 FEET TO THE WESTERLY MARGIN OF LAKELAND HILLS WAY; THENCE SOUTH 14°46'24" EAST ALONG SAID WESTERLY MARGIN, A DISTANCE OF 73.08 FEET; THENCE SOUTH 75°13'36" WEST 22.50 FEET; THENCE SOUTH 14°46'24" EAST 100.72 FEET; THENCE SOUTH 75°13'36" WEST 18.00 FEET; THENCE SOUTH 14°46'24" EAST 120.00 FEET; THENCE SOUTH 76°46'29" WEST 550.19 FEET; THENCE NORTH L 11°28'56" WEST 520.16 FEET TO THE POINT OF BEGINNING. C14 r-- c~ Storm Water Easement and Maintenance Agreement Page 5 of 9 EXHIBIT B Stormwater Pollution Prevention Plan for Heatherwood at Lakeland FAC#98-0038 Site Address Ln Heatherwood 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 part of the Lakeland South Master Planned Community. The northern boundary of the site abuts the undeveloped Seniors site and the southern boundary abuts Foxwood, a proposed multi-family development. The eastern boundary abuts Lakeland Hills Way. Undeveloped land abuts the western boundary of the site. 0 cv Development of Heatherwood will result in 20 multi-family units and encompasses an area of approximately 6.65 acres The proposed units will be served by private roads, City of Bonney Lake water, City of Auburn sanitary sewer and an enclosed private storm drainage system. Drainage from the developed areas of the site is part of the overall Lakeland Hills North/South Basin that 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 Heatherwood 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 two existing storm drainage stubs connected to the trunk line within Lakeland Mills Way. All runoff From the proposed roadways and lots will eventually discharge to thg "Mill Pond" regional detention facility. Introduction Drainage from the entire developed areas of the site is included in the Lakeland Hills North/South Basin 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. Storm Water Easement and Maintenance Agreement Page 6 of 9 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 told of the dangers of introducing fertilizer or other pollutants that could potentially drain to receiving waters. Treatment BMP's No on-site treatment BMP's are proposed. Water quality treatment is provided downstream within the regional detention facility. Inspection On-site catch basins and yard drains should be inspected at least once a year. Q- L.n T_ G C1 s rv C-211 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 r' N Once the site is constructed, maintenance of the storm drainage facilities will become the responsibility of the Heatherwood, LLC. Tarragon Communities, Inc. Manager 1415 Western Avenue, Suite 505 Seattle, Washington 98101-2051 Phone: (206) 233-9600 Signature of Person of Responsibility Date Storm Water Easement and Maintenance Agreement Page 7 of 9 Engineer Preparing Plan: Apex Engineering, PLLC Mr. Matthew Weber, P.E. 2601 South 35`h Street, Suite 200 Tacoma, Washington 98409 Phone: (253) 473-4494 Plan and/or Information Updates e- o The City of Auburn is to review and approve any changes to this Stormwater Pollution s, 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. N Inspection / Maintenance Checklist o See following Table. Reports/26695_W08 Storm Water Easement and Maintenance Agreement Page 8 of 9 STRUCTURE DATE OF INSPECTION/MAINTENANCE CB#1 INSPECTION RESULTS MAINT. DONE CB#2 INSPECTION RESULTS MAINT. DONE CB#3 INSPECTION RESULTS MAINT. DONE CB#4 INSPECTION RESULTS NO CB#4 NO CB#4 NO CB#4 NO CB#4 NO CB#4 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 R- cs Cn EX), S"I -.J, C7 C= Cv. AWMs/bd File: 2.1, 4.1 REF. FAC98-0038 STM WAT EASE & MAINT AGREE)\E01-332 Storm Water Easement and Maintenance Agreement Page 9 of 9