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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 .P v v W W/bi 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 ~w LYO",lo '~•~\Sg10NF~'% t ~~~OTARy 9N~ i N PuBoc- 2 ~A '9 .3.29-a1.• ' O- 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