HomeMy WebLinkAbout200402111024 STORM EASEMENT 021104Return Address:
a' City.of Auburn
City Clerk
25 West Main
Auburn, WA 98001
200402111024 P
02-11-2004 IERCE COUNTY1. WASHINGTON
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT,
FAC03-0024
Reference # (if applicable): N/A
Grantor/Borrower: Lakeland Waterstone Townh~omres, LLC
Grantee/Assignee/Beneficiary: City of Auburn P/UWT
Legal Description/STR: SE 1/4, 06-20-05E 1(010 rw ^ 7 6 3 B -1
Assessor's Tax Parcel ID#: 062005-1037
THIS EASEMENT AND AGREEMENT made and entered into this B day of
2003, by and between the City of Auburn, a municipal corporation
of King County, Washington, hereinafter referred to as "CITY" and Lakeland Waterstone
Townhomes, LLC, hereinafter referred to as "PROPERTY OWNER".
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities at Waterstone located at 64th St: SE and Lakeland Hills
Way SE, 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 fungfions;cand6es) ,,are filed for
record by Pac4ic Northwest Me as
WHEREAS, maintenance requirement is a covenants -,,,imgow.ith,. tlteisland-iand
binding upon all heirs, successors and assigns of both parties;xLgaied as to PrcPse axsc tbrv 0s
ks to its affect c~~on t6tie.
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 and Maintenance Agreement
" Page I of 12
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E2 QSE TABS EXEMPT DATE,
Pierce County
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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. FAC03-0024, 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 and Maintenance Agreement
Page 2 of 12
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
0,
LO
City Engineer Date
Lakeland Waterstone Townhomes, 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: Sole Member
By: PNW Multi Group, a Wa hington corporation
Its: Sole Member
j By: Randall Forsyth
Its: Authorized Agent
W W/bl
File: #953
REF. H:Development\Forms\Legal Documents
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 ! g U
A
PRA L• BAp''~~
~ SS10%V O
OT 9
:vN Ay
6 V9L,IG
1-19 01
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
Notary Publi an and for the S
Residing at - C? .o
My appointment expires
U
I certify I have know or have satisfactory evidence that PAtJW U.- ~'z.12-S4 7t
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 AU r t ogg GD Atle 11 T'
of LAV-,t ,j) t~flraNr=~n1 f
a limited liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated - (9.04
f N J. ER/c,N,y
s
mom:.
Notary Publi •n d for the State of Washington
9 '••tiS , ' ~o
M~~~F VYASN~~~~
Residing at
My appointment expires
Storm Water Easement and Maintenance Agreement
Page 4 of 12
EXHIBIT A
LEGAL DESCRIPTION
PARCEL D, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-00-0024 AS
RECORDED UNDER PIERCE COUNTY RECORDING NUMBER 200106080801.
Storm Water Easement and Maintenance Agreement
Page 5 of 12
EXHIBIT B
STORMWATER POLLUTION PREVENTION PLAN
For
Area 15C - Waterstone Townhomes
FAC# 03-0024
Site Address:
The project is located in SE 06-20N-5E, W.M., 62020 Evergreen Way
N.E. The tax parcel number is R052006-1037.
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 Area 15C - Waterstone Townhomes project
located at 62000 Lakeland Hills Way. The site has an area of
approximately 9.4 acres and is currently cleared with complete frontage
improvements. The subject site will be developed as a multi-family
townhome project. The subject site will include 20 separate residential
buildings containing townhouses for a total of 75 units.
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 the
existing conveyance system in Lakeland Hills Way, which will convey the
water to a storm water detention and water quality pond that was already
constructed per the Master Drainage Plan, located in the Mill Pond/North
Basin. Here the storm water Will be released into an existing storm
drainage conveyance system, which flows westward via overland pipes to
the East Valley Highway and ultimately discharges to a constructed channel
known as the "Tailrace". The "Tailrace" ultimately drains to the White River.
Storm Water Easement and Maintenance Agreement
Page 6 of 12
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.
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).
Treatment BMP'S
This section was not applicable to this project since no on-site "Treatment
BMP's" will be constructed for this project.
Storm Water Easement and Maintenance Agreement
Page 7 of 12
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 parking
lots and driveways 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 Waterstone Townhomes, 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 Sharnbrioch, P.E.
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
17 i
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
Inspection
Results
Maintenance
Done
Inspection
Results
Maintenance
Done
Inspection
Results
Maintenance
Done
Storm Water Easement and Maintenance Agreement
Page 9 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
No. 5 - Catch Basins
Maintenance
Defect'
Conditions When Maintenance is Needed
Results Expected When
Component
Maintenance is
performed
General
Trash &
Trash or debris which is located immediately
No Trash or debris .
Debris
in front of the catch basin opening or is,
located immediately in
blocking inletting capacity.of the basin by
front of catch basin or on
more than 10%.
grate opening.
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
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 complaints
vegetation present within
or dangerous gases (e.g., methane).
the 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
Damage to
inches or cracks wider than 1/4 inch
and cracks.
Frame and/or
Top Slab
(intent is to make sure no material is running
into basin).
Frame not sitting flush on top slab, i.e.,
Frame is sitting flush on
separation of more than 3/4 inch of the frame
the riser rings or top slab
from the top slab. Frame not securely
and firmly attached.
attached
Fractures or
Maintenance person judges that structure is
Basin replaced or
Cracks in
unsound.
repaired to design
Basin Walls/
standards.
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
Misalignment
function, or design problem.
repaired 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
0 a
No. 5 - Catch Basins
Maintenance
Defect
Conditions When Maintenance is Needed
Results Expected When,-°
Component
Maintenanceis
performed
Vegetation growing in inlet/outlet pipe joints
No vegetation or root
that is more than six inches tall and less than
growth present.
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
Cover
Place
Any open catch basin requires maintenance.
closed
Locking
Mechanism cannot be opened by one
Mechanism opens with
Mechanism
maintenance person with proper tools. Bolts
proper tools.
Not Working
into frame have less than 1/2 inch of thread.
Cover Difficult
One maintenance person cannot remove lid
Cover can be removed by
to Remove
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 than
Grate free of trash and
Debris
20% of grate surface inletting capacity.
debris.
Damaged or
Grate missing or broken member(s) of the
Grate is in place and
Missing.
grate.
meets design standards.
Storm Water Easement and Maintenance Agreement
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