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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