HomeMy WebLinkAbout200311120129 STORM EASEMENT 111203/
1
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
IWYIIIIIIWI'iIII11NN~IIIINUVN~
~200311120129 11 ,11-12-2003 amsszs.oo
PIERCE COUNTY. WASHINGTON
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
FAC03-0014
Reference # (if applicable): N/A
ZC QNhO'~ Grantor/Borrower: Lakeland SFDC 1, LLC
c . ;S%ltrrantee/AssigneeBeneficiary: City of Auburn
W Legal Description/STR: SE '/4, 06-21-05E 6) 1~ 10
Assessor's Tax Parcel ID#: 052006-2046
THIS EASEMENT AND AGREEMENT made and entered into this C? 4W day of
2003, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and Lakeland SFDC 1,
LLC, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied forloceertai~n permits with the CITY
for the construction of facilities at Area 5 Division Iajgc6aje4eatfi61~®~~ a ~1~c fE,.vergreen
Way SE, which create impervious surface; and Modation only it has not been
examined as to proper o,,,,,,®~
WHEREAS, the PROPERTY OWNER will co tpol°etea%e"sl,9rmisy-stem; ancp
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
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
Storm Water Easement & Maintenance Agreement .
Page 1 of 11 EXCISE TAX EXEMPT DATE %lrfa Q3
Pierce County
By Ruth. Sia
r
WHEREAS, an easement is needed to bring in maintenance equipment; and
10
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. FAC03-0014, 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
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.
Storm Water Easement & Maintenance Agreement
Page 2 of 11
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
b3
l0 /5e
City Engineer a Lakeland SFDC 1, L.L.C., a Washington limited liability company
By: PNW MULTI NORTH, L.L.C., a Washington limited liability company
Its: Manager
By: PNW MULTI, L.L.C., a Washington limited liability company
Its: Manager
By: PNW MULTI GROUP, INC., a Washington Corporation
Its: iandall a er
By: Forsyth
Its: Authorized Agent
WWnbi
File: #940
REF. H:Development\Forms\Legal Documents
Storm Water Easement & Maintenance Agreement
Page 3 of 11
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
I certify I have know or have satisfactory evidence that Lour,,6CA~-V&
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/xvere authorized to
execute the instrument and acknowledge as the {~,v irk z&,
of Pta w " - 1 L
a limited liability company, to be the free and voluntary act
of such party for th uses and purposes mentioned in the instrument.
Dated ~O O
'ON
~N4
IN
NRY
`s . 0
U~\C~~N66otai
.
2-25
M,
ubl'c 'nand fo the State of Washington
at ~ J k-~
ointment expires z- is
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 o,
Q,\ i~-
.Q,
'Nss`ON~c~~~ i►
1W • U C/) : k4
• PUBLIC ~
e~ • • • • •`\G\~= Notary Public in and for the State of Washington
WASN residing at c "U 0.e1k4A(4=,6
My appointment expires /t
Storm Water Easement & Maintenance Agreement
Page 4 of l 1
EXHIBIT A
A parcel of land in Section 6, Township 20 North, Range 5 East, W.M., in the City of Auburn, Pierce
County, Washington, described as follows:
Commencing at the east quarter corner of said Section 6; thence S01 043'16"W along the east line
of said Section 6, a distance of 1519.81 feet to the northerly margin of Lake Tapps Parkway East
per deed recorded under Recording Number 200108200863, records of said county; thence along
said margin the following four courses and distance; thence S59°01'12"W 643.53 feet to a point of
tangency with a 1940.00 foot radius circular curve to the right; thence westerly, along said curve,
through a central angle of 13015'42", an arc distance of 449.03 feet to a point of non-tangency;
thence 876005'38"W 58.23 feet to a intersection with a 1937.00 foot radius circular curve to the
right from which point the center of said curve bears N15°59'58"W; thence westerly, along said
curve, through a central angle of 10022'10", an arc distance of 350.56 feet; thence N20003'29"W
and leaving said northerly margin, 521.09 feet to a point of intersection with a 877.50 foot radius
circular curve to the right from which point the center of said curve bears N20003'29"W, said point
being on the southerly margin of that portion conveyed to the City of Auburn for road right-of-way by
deed recorded under Recording Number 200205060960, records of said county; thence westerly,
along said curve and southerly margin, through a central angle of 15°32'56", an arc distance of
238.14 feet to a point on the westerly margin of that portion conveyed to the City of Auburn by said
deed; thence N04030'33"W along said westerly margin, 55.00 feet to a point of intersection with a
822.50 foot radius circular curve to the left from which point the center of said curve bears
N04030'33"W, thence easterly, along said curve and the northerly margin of said road deed through
a central angle of 07°39'07", an arc distance of 109.85 feet to a point of compound curvature with a
35.00 foot radius circular curve to the left; thence easterly and northerly, along said curve and the
easterly margin of said road deed; through a central angle of 90°26'12 an arc distance of 55.24
feet to a point of tangency; thence N12°35'52"W, along said easterly margin, 194.46 feet to the
POINT OF BEGINNING of the herein described parcel; thence S71°54'35"W 74.35 feet; thence
N18°05'25"W 29.20 feet to a. point of tangency with a 45.00 foot radius circular curve to the left;
thence northerly and westerly, along said curve, through a central angle of 97°13'03", an arc
distance of 76.35 feet to a point of tangency; thence S64°41'32"W 19.49 feet to intersect the arc of
a 267.00 foot radius circular curve to the left from which point the center of said curve bears
S64°41'32"W; thence northerly, along said curve, through a central angle of 20°18'18", an arc
distance of 94.62 feet; thence S44°23"15"W 98.66 feet; thence N37°29'05"W 113.41 feet to a point
of tangency with a 660.00 foot radius circular curve to the left; thence northwesterly, along said
curve, through a central angle of 37°59'55", an arc distance of 437.71 feet.to a point of tangency;
thence N75°29'00"W 33.67 feet to a point of tangency with a 660.00 feet radius circular curve to the
left; thence westerly, along said curve, through a central angle of 34°19'05", an arc distance of
395.31 feet; thence N11°09'03"W 263.55 feet; thence N08°48'21"W 388.78 feet to a point of
tangency with a 370.00 foot radius circular curve to the right; thence northerly, along said curve,
through a central angle of 11°03'10, an arc distance of 71.38 feet to a point of_tangency; thence
N02°14'49"E 212.70 feet; thence N76012'00"E 874.27 feet to a point on the westerly margin of that
portion conveyed to the City of Auburn by said deed; thence along said margin the following five
courses and distances; thence S12035'52"E 582.61 feet to a point of tangency with a 682.50 foot
radius circular curve to the left; thence southerly, along said curve, through a central angle of
12041'02", an are distance of 151.09 feet to a point of tangency; thence S25°16'54"E 111.73 feet to
a point of tangency with a 627.50 foot radius circular curve to right; thence southerly, along said
curve, through a central angle of 12041'02", a arc distance of 138.91 feet to a point of tangency;
thence S12035'52"E 551.90 feet to the POINT OF BEGINNING.
Contains 1,122,850± square feet (25.7771± acres).
Storm Water Easement & Maintenance Agreement
Page 5 of I I
EXHIBIT B
STORMWATER POLLUTION PREVENTION PLAN
For
Lakeland, Area 5, Div. 113 S.F.D.C./Alley
FAC03-0014
G RA03-0016
Site Address:
The project is located in NE, SE and SW1/4, 06-20N-05E, 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 113 S.F.D.C./Alley
pro~ect located west of Evergreen Way N.E., between 64th Street S.E. and
69t Avenue S.E. The site has an area of approximately 25.7 acres and is
currently cleared and rough graded. The subject site will developed as a
neighborhood of single-family detached condominium homes.
The subject site will include 212 single-family detached units that will be
accessed by a network of private access tracts and alleys.
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
Storm Water Easement & Maintenance Agreement
Page 6 of l 1
"Tailrace". The "Tailrace" ultimately drains to the White River. From Pond
#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
from 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)
wet pond, 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 & Maintenance Agreement
Page 7 of 11
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 SFDC 1, LLC
11624 S.E. 5th 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 & Maintenance Agreement
Page 8 of 11
INSPECTION/MAINTENANCE CHECKLIST
STRUCTURE
DATE OF INSPECTION/MAINTENANCE
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
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 9 of l l
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is :Needed
Results Expected When
Component
ii
Maintenance is;performe
x ter.
General
Trash &
Trash or debris which is located immediately
No Trash or debris located
Debris
in front of the catch basin opening or is
immediately in front of catch
blocking inletting capacity of the basin by
basin or on grate opening.
more than 10%.
Trash or debris (in the basin) that exceeds 60
No trash or debris in the
percent of the sump depth as measured from
catch basin.
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 of
blocking more than 1/3 of its height.
trash or debris.
Dead animals or vegetation that could
No dead animals or
generate odors that could cause complaints or
vegetation present within the
dangerous gases (e.g., methane).
catch basin.
Sediment
Sediment (in the basin) that exceeds 60
No sediment in the catch
percent of the sump depth as measured from
basin
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 and
Damage to
inches or cracks wider than 1/4 inch
cracks.
Frame
and/or Top
(Intent is to make sure no material is running
Slab
into basin).
Frame not sitting flush on top slab, i.e.,
Frame is sitting flush on the
separation of more than 3/4 inch of the frame
riser rings or top slab and
from the top slab. Frame not securely
firmly attached.
attached
Fractures
Maintenance person judges that structure is
Basin replaced or repaired
or Cracks
unsound.
to design standards.
in 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 joint
secure at basin wall.
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
Misalignme
function, or design problem.
to design standards.
nt
Vegetation
Vegetation growing across and blocking more
No vegetation blocking
than 10% of the basin opening.
opening to basin.
Storm Water Easement and Maintenance Agreement
Page 10 of 11
y. y
S
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance is performed
Vegetation growing in inlet/outlet pipe joints
No vegetation or root growth
that is more than six inches tall and less than
present.
six inches apart.
Contaminat
See "Detention Ponds" (No. 1).
No pollution present.
ion and
Pollution
Catch Basin
Cover Not
Cover is missing or only partially in place. Any
Catch basin cover is closed
Cover
in Place
open catch basin requires maintenance.
Locking
Mechanism cannot be opened by one
Mechanism opens with
Mechanism
maintenance person with proper tools. Bolts
proper tools.
Not
into frame have less than 1/2 inch of thread.
Working
Cover
One maintenance person cannot remove lid
Cover can be removed by
Difficult to
after applying normal lifting pressure.
one maintenance person.
Remove
(Intent is keep cover from sealing off access to
maintenance.)
Ladder
Ladder
Ladder is unsafe due to missing rungs, not
Ladder meets design
Rungs
securely attached to basin wall, misalignment,
standards and allows
Unsafe
rust, cracks, or sharp edges.
maintenance person safe
access.
Metal Grates
Grate
Grate with opening wider than 7/8 inch.
Grate opening meets design
(If Applicable)
opening
standards.
Unsafe
Trash and
Trash and debris that is blocking more than
Grate free of trash and
Debris
20% of grate surface inletting capacity.
debris.
Damaged
Grate missing or broken member(s) of the
Grate is in place and meets
or Missing.
grate.
design standards.
Storm Water Easement and Maintenance Agreement
Page I I of I I