HomeMy WebLinkAbout20010425001251 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