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Home My WebLink About200411080922 STORM EASEMENT 110804Pwg2so-lti Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 PGS PIE LE2COUNiY.2~gHINGiON 3.1-3. 2 Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC04-0008 Reference # (if applicable): N/A Grantor/Borrower: Waterstone 11, LLC t ~2 `1 $ t q Y~ Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: NE '/A, 06-20-05E Assessor's Tax Parcel iD#: 052006-1058 THIS EASEMENT AND AGREEMENT made and entered into this day of 2004, by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Waterstone II, LLC, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities for Waterstone II located at 5909 Panorama DR 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 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 WHEREAS, an easement is needed to bring in maintenance equipment; and Storm Water Easement and Maintenance Agreement Page 1 of 11 EXCISE TAX EXEMPT DATE Pierce County' 7~ &-Auth. Sag 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 a non-exclusive easement to the City for access, inspection, and maintenance for the purposes of this Agreement and the attached Storm Water Pollution Prevention Plan, over, under and on that real estate described in Exhibit "A" 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. FAC04-0008, 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 a benefit to the City Storm Drainage 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 to 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 11 STATE OF WASHINGTON) ss COUNTY OF KING ) I certify I have know or have satisfactory. evidence that -Rich a r J i~n m) I 1 n aS Wad the person(, 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 Akthyri zea -AQer,f of Wa erstone- IL I LLC- a limited liability company, to be the free and voluntary act. of such party for the uses and purposes mentioned in the instrument. Dated IU' l4.-.QAi _ % P1..L. S ~ij~ • v NOTARY y= N,► UBUC s o Crc,~ s . bpi n s ~ Notary Public in and for the State of Washington Residing at K i n My appointmefff Rp e's $ - 2r 2007 STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that Tim Carlaw 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 STORM DRAINAGE 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 l a / i s~ ~t~ ~vo~noavnaaiu9 ° BADS O ;:off '~XOTARI' I PUBLIC' °•a mil; • , r r 1 g_p1,.~ Notary Public in and for the St of ashing on e0o° F Residing at--T='cq.~ c-o U tv My appointment expires / d d W W/tlb File: #995 REF. RDevelopmentTormsTegal Documents\2004 Storm Water Easement and Maintenance Agreement Page 4 of I I 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 St rainage Engineer Date o-G-o Owne Date it/~6 n+e , G•G•Ci• Owner Date Storm Water Easement and Maintenance Agreement Page 3 of 11 I ~ Exhibit `A' LEGAL DESCRIPTION - WATERSTONE II: LOT 1, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-02-0021, RECORDED UNDER AUDITOR'S FILE NO. 200221020767, RECORDS OF PIERCE COUNTY, WASHINGTON, ALL IN SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M. Storm Water Easement and Maintenance Agreement Page 5 of 1 I EXHIBIT B STORM WATER POLLUTION PREVENTION PLAN For Waterstone II FAC#04-0008 Site Address: The project is located in (QTR Section) NE, (Section) 6 - (Township) 20 N - (Range) 5 East, W.M., northwest of Evergreen Way S.E. and north of Panorama Drive S.E. The Tax Parcel # is 0520061058. 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, Waterstone II project located northwest of Evergreen Way S.E. and north of Panorama Drive S.E. The site has an area of approximately 10.4 acres and is currently cleared and rough graded. The subject site will developed as a multi-family townhome project. The subject site will include 21 separate residential townhouse buildings containing a total of 79 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 I I P i 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. Attached to this. narrative is a maintenance manual, which offers 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/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). 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 11 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: Waterstone II, LLC 11624 S.E. 5th Street, Suite #200 Bellevue, WA 98005 Design Engineer: Core Design, Inc. 14711 N.E. 29th Place, Suite #101 Bellevue, WA 98007 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. (Changes to ownership shall be reported to the City of Auburn's Utilities Section.) Storm Water Easement and Maintenance Agreement Page 8 of 11 INSPECTION/MAINTENANCE CHECKLIST STRUCTURE DATE OF INSPECTION/MAINTENANCE Results/ T Maintenance Date Inspection All Catch Basins Results Maintenance Done Inspection Conveyance Pipes Results Maintenance Done Yard Drains and Inspection Cleanouts 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 11 No. 5 - Catch Basins Maintenance' Defect Conditions When Maintenance is Needed Results Expected Wh'' Component Maintenance is't performed'' ' i 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 sifting 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 inletioutlet 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 10 of 11 n. 'ill 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 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 Page I I of I I