HomeMy WebLinkAbout200401020411 STORM EASEMENT 0102044313.2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
20YIA~R.I~f111111A'YYIn~W'~W'IYllli
-02-2004 !'PIERCE courviv: 2w~snl gNCiox
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC03-0019.
Reference # (if applicable): N/A
Grantor/Borrower: Lakeland Single Family 1, LLC 30
Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR:- SE '/4, SW'/4, 06-20N-05E
Assessor's.Tax Parcel ID#: 052006-2046
WT,
/2-
THIS EASEMENT AND AGREEMENT made and entered into this r~A® day of
N , 2003, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred.,to, as "CITY" and Lakeland Single
Family 1, LLC, hereinafter referred to as "PROPERTY OWNER"..
WHEREAS; PROPERTY OWNER has applied_&bc&xtai1t~)pemksdv th the CITY
for the construction of facilities at Area 5 Division,PG~d~d catedtl,at,",64,1'ASfARP-&s69". St SE,
which create impervious surface; and ocomanedai®j only. It has n®t®~n
~uwlned as to pTopse MOO" or
~s to its afiavt upon title.
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
Storm Water Easement and Maintenance Agreement
Page 1 of 12
EXCISE TAX EXEMPT DATE
.Pierce County
V3L By Auth. Sig
r ,
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
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. FAC03-0019, 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 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
he/she/they/it shall reimburse the CITY for the costs incurred by the CITY in maintaining
Storm Water Easement and Maintenance Agreement
Page 2 of 12
1
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.
EXECUTED as of the date first written above.
CITY OF AUBURN
CITY ENGINEER DATE
Lakeland Single. Family 1, L.L.C., a Washington limited liability company
=Ey - PN ?.r rIOvIES`' (:~RIH°L:C`C., a' Wa`sliing~on'liin fed liability company
Its: Manager
By: PNW HOMES, L.L.C., a Washington limited liability company
Its: Manager
By: PNW HOMES GROUP, INC., a Washington Corporation
I an
By: Randall Fors
Its: Authorized Agent
OWNER DATE
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File: #946
REF. H:Development\Forms\Legal Docs\2003
Storm Water Easement and Maintenance Agreement
Page 3.of 12
STATE OF WASHINGTON)
)ss.
County of King )
I certify that I know or have satisfactory evidence that Dennis Selle 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 CITY
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 ik T1p3
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1~, ~F WASN~~, -
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
,Alt 141. L
Notary Public i and for
Residing at
My appointment expires
W.
I certify I have know or have satisfactory evidence that Rssmal ~ :E(~
is/are 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 ~UoQ-l24
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes enti ned in the instrument.
Dated l (;n
-10
~ e
,z . mend
a
Notary Public i and for the ate of Washington
Residing at /OY1)~ t4 WA
My appointment expires (o 9 J~n
Storm Water Easement and Maintenance Agreement
Page 4 of 12
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is
Results Expected When
Component
Needed
Maintenance is
performed
Vegetation growing in inlet/outlet pipe
No vegetation or root
joints that is more than six. inches tall and
growth present.
less than 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 closed
cover
Place
Any open catch basin requires
maintenance. .
Locking
Mechanism cannot be opened by one
Mechanism opens with
Mechanism
maintenance person with proper tools.
proper tools.
Not Working
Bolts into frame have less than 1/2 inch of
thread.
Cover Difficult
One maintenance person cannot remove
Cover can be removed by
to Remove
lid 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
Grate free of trash and
Debris
than 20% of grate surface inletting
debris.
capacity.
Damaged or
Grate missing or broken member(s)-of the
Grate is in place and meets
Missing.
grate.
design standards.
Storm Water Easement and Maintenance Agreement
Page. 12 of 12
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is
Results'Ex+pe`cted When
Component
Needed
Maintenance is
performed
General
Trash & Debris
Trash or debris which is located
No Trash or debris located
immediately in front of the catch basin
immediately in front of
opening or is blocking inletting capacity of
catch basin or on grate
the basin by more than 10%.
opening.
Trash or debris (in the basin) that exceeds
No trash or debris in the
60 percent of the sump depth as measured
catch basin.
from 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
vegetation present within
complaints or dangerous gases (e.g.,
the catch basin.
methane).
Sediment
Sediment (in the basin) that exceeds 60
No sediment in the catch
percent of the sump depth as measured
basin
from 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 (Intent
and cracks.
Frame and/ or
is to make sure no material is running into
Top Slab
basin).
Frame not sitting flush on top slab, i.e.,
Frame is sitting flush on
separation of more than 3/4 inch of the
the riser rings or top slab
frame from the top slab. Frame not
and firmly attached.
securely attached
Fractures or
Maintenance person judges that structure
Basin replaced or repaired
Cracks in
is unsound.
to design standards.
Basin Walls/
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.
Settlement/
If failure of basin has created a safety,
Basin replaced or repaired
Misalignment
function, or design problem.
to design standards.
Vegetation
Vegetation growing across and blocking
No vegetation blocking
more than 10% of the basin opening.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 11 of 12
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 10 of 12
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE DATE O~F I'Ll •
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
Inspection
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 9 of 12
Treatment BMP'S
This section was not applicable to this project since no on-site "Treatment
BMP's" will be constructed for this project.
.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 yards,
sidewalks, driveways and open space areas 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. .
Person of Responsibility:
Lakeland Single Family 1, LLC
11624 S.E. 5 Street, Suite #200
Bellevue, WA 98005
Randy Forsyth
Design Engineer:
Core Design, Inc.
.14711 N.E. 29th Place, Suite #101
Bellevue, WA 98007
Gary Sharnbroich
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.
Storm Water Easement and Maintenance Agreement
Page '8 of 12
#3, storm water will be released into a 30" existing overland HDPE storm
drainage line, which flows into a system that includes culverts, an open
swale and additional tight line components that flow to the southwest along
a paved utility access road. This system also connects to the "direct
discharge line" within Lake Tapps Parkway East at a point that is upstream
of where Pond #1 enters this system.
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 of existing Ponds #1 and #3.
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/
wetpond, 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).
Storm Water Easement and Maintenance Agreement
Page 7 of 12
r•
EXHIBIT B
STORMWATER POLLUTION PREVENTION PLAN
For
Lakeland, Area 5, Div. 1A Plat
FAC # 03-001.9
GRA # 03-0016
Site Address:
The project is located in SE. % SW 1/4, Section 6, Township 20N, Range
5E, W.M., west of Evergreen Way N.E., between 64th Street S.E. and 69th
Avenue S.E. The Tax parcel number is 052006-2046.
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 Lakeland, Area 5 Division 1A Plat project
located west of Evergreen Way N.E., between .64th Street S.E. and 69th
Avenue S.E. The site has an area of approximately 21.8 acres and is
cur~entfy cleared and rough graded: The subject site will be developed as
a neighborhood of single-family homes.
The subject site will include 110 single-family lots, with the majority served.
by the central plat road of Monte Vista Drive S.E., with a small number of
lots served by shorter roads that end in cul-de-sacs.
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, two
separate storm water detention and water quality ponds (Pond #'s 1 and 3)
that were already constructed per the.Master Drainage Plan. Pond #1 is
located adjacent to Lake Tapps Parkway and the South Access Ramp,
above East Valley Highway. Pond #3 is located at the base of the slope
that is due west of Evergreen Way S.E. From Pond #1, storm water will be
released to the portion of the "direct discharge line" that is located in the
South Access Ramp, which drains via overland pipes to East Valley
Highway and then discharges downstream of the Puget Sound Energy
power generating station within a constructed channel known as the
"Tailrace". The "Tailrace" ultimately drains to the White River. From Pond
Storm Water Easement and Maintenance Agreement
Page 6 of 12
EXHIBIT A
Legal Description - New Lot 2
LOT 2 LAKELAND HILLS AUBURN SHORT PLAT AS RECORDED UNDER PIERCE
COUNTY RECORDING NO. 200211145001.
EXCEPT THAT PORTION OF SAID LOT 2 DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY COMMON CORNER BETWEEN SAID
LOT 2 AND LOT 3 OF SAID SHORT PLAT; THENCE N76°12'00"E ALONG THE
COMMON LINE BETWEEN SAID LOTS 2 AND 3, A DISTANCE OF 139.44 FEET;
THENCE S02°14'49"W 14.88 FEET; THENCE S82°14'00"W 136.08 FEET TO THE
POINT OF BEGINNING.
Storm Water Easement and Maintenance Agreement
Page 5 of 12