HomeMy WebLinkAbout2007 - Storm Water Easement and Maintenance Agreement - Rehabitat Northwest Inc - 20071011001101Return to:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Assessor's Tax Parcel ID 322920 -0090
20071011001101
CITY GF TU EAS 49.00
PAGE001 OF 010
10/11/2007 12:43
KING COUNTY, UA
Above this line resen'ed for recording infomtation.
1
STORM WATER EASEMENT AND MAINTENANCE AGREEMENT
(L04 -085 PW'03 -106)
Reference (if applicable): N/A
Grantor: Rehabitat Northwest, Inc
Grantee: Cite of Tukwila
Legal Description /STR: That Portion of Government Lot 1, Section
15, Township 23 North, Range 4 East, W.M., in King County,
Washington, described as follows:
Commencing at the Southwest Comer of said Lot 1;
Thence N 01 °30'53" for a distance of 30.00 Feet to the Tnte Point of
Beginning;
Thence S 87 °48'48" E, Parallel with the south line of said Lot 1, a
distance of 317.68 Feet;
Thence N 59'49'07" E for a distance of 204.79 Feet;
Thence N 29'00'36" W for a distance of 168.40 Feet;
Thence N 82 °20'06" W for a distance of 244.54 Feet;
Thence N 33 °26'06" \V for a distance of 141.82 Feet;
Thence S 54 °20'54" W for a distance of 65.26 Feet;
Thence N 88 °29'07" W for a distance of 30.00 Feet;
Thence S 01 °30'53" W for a distance of 351.95 Feet to the True Point of
Beginning.
(Also known as Lot 1 of City of Tukwila BLA L04 -033 recorded under
King County Recording Number 20060712900003).
Storm Water Easement and Maintenance Agreement Pale 1 of 10
T a S EASEMENT AND AGREEMENT made and entered into this /i day of
4. tk v 21007, by and between the City of Tukwila, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Rehabitat Northwest,
Inc, a Washington State corporation, located at 3601 W Marginal Way SW Seattle, WA
98106, hereinafter referred to as "PROPERTY OWNER
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY
for the construction of facilities at 46xx S139th St, Tukwila, WA, which create
impervious surface; and
WHEREAS, the PROPERTY OWNER has completed 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
WHEREAS, the parties are both desirous of permitting inspection of 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 Tukwila under Pemrit No. PW03 -106, 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 depicted, and attached as
Exhibit "A -1" and Exhibit "A -2 and incorporated herein by this reference, and shall be
of benefit to the City storm utility system.
Storm water Easement and Maintenance agreement Page 2 of 10
parties.
Section 2, HEIRS, SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the heirs, successors, and assigns of the
Section 3, MAINTENANCE
The PROPERTY OWNER agrees to maintain the storm s) stem in accordance
with the ordinances and all applicable codes of the CITY and the Stormwater 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
impact(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.
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.
Storm water Easement and Maintenance Agreement Page 3 of 10
SIGNED AND DATED this it' day of b cJ 2007
GRANTEE: CITY OF TUKWILA
ATTEST:
Mayor
C
Qit4 Clerk
STATE OF WASHLNGTON
ss.
COUNTY OF KING
sworn, personally appeared before me
rnm- I to
Storm water Easement and Maintenance Agreement
Approved As to Form:
City Attorney
On this (Q v` day of ris r 2007, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
,knownto
me to be the Mayor, of CITY OF TUKWILA, the municipal corporation that executed
the foregoing instrument, and acknowledged it to be the free and voluntary act of said
municipal corporation, for the uses and purposes mentioned in this instrument, and on
oath stated that heishe authorized to execute said instrument.
GIVEN under my hand and official seal this io day of tt- bbec,2c
f c.< ,A A-I al b2ra.
Print Name
N stary Public in and for the State of W'a
ington, residing at UKLA.
My appointment expires: is /19 lc
Page 4 of 10
SIGNED AND DATED this 37—day o 2007
PROP OWNER
by aid
Chad Detwiller
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know. or have satisfactory evidence that Lii L}tt },^J if is
the person who appeared before me, and said person acknowledged that he /she signed
this instrument. on oath stated that he /she was authorized to execute the instrument and
acknowledged it as the Finance _Manager of
Rehabitat Northwest. Inc a corporation, to be the free and voluntary act of such
part for the uses and purposes mentioned in this instrument.
GIVEN under my hand and official seal thi I d o
Storm Water Easement and Maintenance Agreement
Page 5 of 10
Notary Public in and the State o
ing.ton, residing. at (rat i Ltd
My appointment expires: /0 ?t9 _I
Printed name:(r't
'a 1 <Chi
Exhibit "A -1"
Legal Description of Easement Area
Storm Drainage Vault Made part of City of Tukwila Short Plat No. L04 -085
That portion of said Government Lot 1, Section 15, Township 23 North, Range 4 East,
\V.M., in King County. Washington, Described as follows:
Commencing at the Southwest corner of said Lot 1;
Thence N O1 °30'53 E along the West line of Said Lot 1 a distance of 302.06 Feet to the
TRUE POINT OF BEGINNING:
Thence S 66 °39'59 E. 90.1 Feet:
Thence S 24°14'33" \V. 40.4 Feet:
Thence N 65'21 \V. 73.98 Feet:
Thence N 01 °30'53" E. 41.70 Feet to the TRUE POINT OF BEGTh4NING
Storm Water Easement and Maintenance Agreement
OPEN SPPS_
V.mv\_s
Page 6 of 10
Exhibit "A -2"
Legal Description of Easement Area
Storm Drainage utilities Made part of City of Tukwila Short Plat No. L04 -085
Except as may be others ise set forth herein, Grantee's rights shall be exercised upon that portion
of the Propem (the Easement Area" herein) that is five (5) feet in width having two and a half
(2.5) feet of such width on each side of the centerline of Grantees systems located as constructed
or to be constructed. extended or relocated on the Property, except those portions of the Property
occupied by existing building footings, foundations, and/or subsurface structures.
That portion of said Government Lot 1, Section 15, Township 23 North, Range 4 Fast, W.M., in
King Count v, Washington. Described as follows:
Commencing at the Southwest corner of said Lot l;
Thence N 01°30'53" E along the \Vest line of Said Lot 1 2853 Feet to the TRUE PO ,NT OF
BEGINNING:
Thence S 27' 27'59" E. 17.74 Feet;
Thence S 65'2'51` E. 54.00 Feet;
Thence S 30 °3'52" E. 41.00 Feet;
Thence S 69'10'45" W. 47.00 Feet;
Thence S 20 °37'32" W. 53.00 Feet:
Thence S 1 1 °51'4" E. 42.00 Feet:
Thence S 60 E. 43.00 Feet.
Storm Water Easement and Maintenance Agreement
Page 7 of 10
Site Address
Exhibit "B"
Stormwater Pollution Prevention Plan
for
Foster Ridge 6 lot short subdivision
SHORT PLAT L04 -085
PW03 -106
The project is located in that Portion of Government Lot 1, Section 15, Township
23 North, Range 4 East, W.M., in King County, Washington, and between S139th
St S140th St, in the City of Tukwila. The site address is 46xx S139th St
Tukwila, WA 98168. The Tax Parcel Number is 322920 -0090.
Introduction
This project proposes to develop approximately 0.8 acres of an existing 2.87 acre
site, of existing, tall grasses and a few small deciduous trees. The underlying
soils vary from medium dense to very dense glacial till soils. Catch basins and
storm drainage pipes will be installed within the private street and adjacent areas
to convey runoff to a Private Underground Detention/Water Quality Vault located
in the Northwestern portion of the site. Roof downspouts and driveways will be
tightlined to the catch basins, which are tightlined to the private storm detention
system. After development, 0.31 acres of the site is impervious with the
remaining 2.56 pervious acres consisting of wetland, open space, lawns,
landscaping, etc.
Plan Goal
The goal of the plan is to treat all on -site runoff for water quality by directing flows
to a Detention Water Quality facility. The detention vault is designed to retain
runoff volumes up to the 2 and 10 -year storm events with 0.5' of freeboard.
Preventative BMP's
The catch basins shall have stenciled next to them "DUMP NO WASTE DRAINS
TO STREAM Activity that involves pollutants shall be done under a covered
area. The private driveways shall be cleaned and swept as necessary to remove
debris.
Storm Water Easement and Maintenance Agreement Page 8 of 10
Inspection
Inspect the storm detention /water quality vault, at least twice a year, especially
after periods of heavy runoff. Maintenance records must be kept for five (5)
years and available for City Inspector review.
Maintenance
To ensure proper water quality treatment, the wet vault designed to allow for a
minimum of 1 -foot sediment at the bottom of the vault which will be removed at a
regular schedule. In the addition for the bottom 1 -foot of sediment, the vault is
designed with a minimum dead storage of three feet to allow silt -laden runoff to
settle at the bottom of the vault.
Person of Responsibility
Name:
Address:
Emergency Contact:
Person of Responsibility, Date:
Engineer Preparing Plan
Name
Address
Plan and /or Information Updates
Rehabitat Northwest, Inc
3601 W Marginal Way SW, Seattle, WA 98106
Phone 206 932 -7355
Mr. Chad Detwiller, October 26, 2007
Penhallegon Associates Consulting Engineers,
Inc
750 Sixth Street South Kirkland, WA 98033
The City of Tukwila, Public Works Department, Engineering Division, Storm
Drainage 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 of Tukwila, Public Works.
Storm Water Easement and Maintenance Agreement Page 9 of 10
Structure
Storm Water Easement and Maintenance Anreement
INSPECTION MAINTENANCE CHECKLIST
Date of Inspection Maintenance
Page 10 of 10
CB II 2 Type 1
Insp. Results
Maint. Done
CB 3 1) pe 2
54"
Insp. Results
Maint. Done
CB #4 Type 2
54"
Insp. Results
Maint. Done
CB if 5 Type 1
Insp. Results
Maint. Done
CB 6 Type 1
Insp. Results
Maint. Done
CB 7 Type 1
Insp. Results
Maint. Done
CB 8 Type 1
Insp. Results
4
Maint. Done
CB 9 T:spe 1
1 Insp. Results
Maint. Done
Detention
WQ Vault
j Insp. Results
Maint. Done
Structure
Storm Water Easement and Maintenance Anreement
INSPECTION MAINTENANCE CHECKLIST
Date of Inspection Maintenance
Page 10 of 10