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HomeMy WebLinkAbout2026 - Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS - Hardeep SIngh - 20260330000782Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -1 of 16 Record Datc:3/30/2026 1:16 I'M Electronically Recorded King County, WA After Recording Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 DOCUMENTTITLE: Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS REFERENCE NUMBER(S) OF RELATED DOCUMENTS: Additional reference numbers at page 2 of document. GRANTOR: HARDEEP SINGH GRANTEE: City of Tukwila, a Washington Municipal Corporation ABBREVIATED LEGAL, DESCRIPTION: UNREC LOT "2" OF TUKWLA SP #L 17-0022 Full legal on page 5 of document. KING COUNTY TAX PARCEL NUMBER: 1 537920-0233 Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -2 of 16 Record Date:3/30/2026 1:16 PM King County, WA F 1.1 This Covenant for Inspection and Maintenance of Stormwater Facilities and Best Management Practices ("Covenant") is made by and between [properly owner(: )J, as Grantor, and the City of' Tukwila, a Washington Municipal Corporation, as Grantee. Grantor and Grantee (also denoted as City herein) are each a Party and collectively the Parties to this Agreement, 11 Grantor applied to City for issuance of D19-0074 On 2/19/2020 12 Pursuant to TMC 14.30.060, application for and issuance of such permit requires the property owner to enter into this Covenant, 2.3 The subject of the Covenant is the real property located in King County, Washington, bearing King County Tax Parcel No. 117k2o-Q? and legally described in the attached Exhibit A incorporated herein ("Property"). 2.4 The City approved the applications which consist of the following documents, attached and incorporated herein: 2.4.1 City issued Permit No. D19-0074,-___..__, Exhibit B. 2.4.2 Stormwater Facility/BMP Site Plan, Exhibit C. 2,4.3 Operations & Maintenance Plan including schedule, Exhibit D. 3. Terms of Agreement NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration including approval and issuance of city of Tukwila Pennit [number and date], the sufficiency and receipt of which are acknowledged, Grantor hereby irrevocably covenants as follows: 3.1 The foregoing Recitals and references to documents are incorporated as material terms of this Covenant . 12 The Grantor(s) for itself and its successors in interest having any ownership interest in tile Property (collectively Owners) shall at their sole cost and expense retain, uphold, operate, maintain, and repair the stormwater facilities and best management practices ("BN[Ps") located on the Property pursuant to the schedule within the Operations & Maintenance Plan, 33 The obligations required under Section 3.2 above shall be taken consistent the following: 33,1 The City shall have the right of ingress and egress over those portions of the Property necessary to perform inspections of the stonnwater facilities and BMPs and conduct other activities specified in this Declaration of'Covenant and in accordance with Tukwila Municipal Code ("TMC"') 14.30.80. This right of,,ingress and egress, right to inspect, and right to perform required maintenance or repair shall be as provided for in subsection 3.3.2 below, City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -3 of 16 Record Date:3/30/2026 1:16 PM King County, WA 3.3.2 If the City determines that maintenance or repair work is required to be done to any of the storinwater facilities or BMPs, the Director of Public Works or designee (the "Director") shall give notice of the specific maintenance and/or repair work required pursuant to TMC 14,30.080, The Director shall also set a reasonable time in which such work is to be completed by the Owner. If the above required maintenance or repair is not completed within the time set by the Director, the City may perforin the required maintenance or repair, and is hereby granted access to the Property for such purposes. Written notice will be mailed to the Owner stating the City's intention to perform such work. This work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the Director, there exists an imminent or present danger, the seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately, 3A If at any time the City reasonably determines that a stormwater facility or BMP on the Property presents an imminent hazard, as identified by TMC 14.30.080 and herein incorporated by reference, the Director or equivalent municipal successor's official may take measures specified therein. 3,5 The Owner shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described in Covenant, Such responsibility shall include reirnbursernent to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. All such costs and expense shall constitute a lien against the Property. 3.6 The Owners shall obtain a Type C Public Works permit from the City prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance such as replacement of'plants mid pretreatment mulch) inopen vegetated stormwater facilities (such as swales, channels, ditches, ponds, etc,), or performing any alterations or modifications to the stonrovater facilities and BMPs referenced in this Covenant. Prior to the final approval and issuance of the new permit, a new Covenant with updated exhibits reflecting the changes to the stormwater facilities shall be recorded at the Owner's sole cost, and a copy of the new recorded Declaration of Covenant provided to the City. 17 Any notice or consent required to be given or otherwise provided for by the provisions of this Declaration of Covenant shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested, to the address listed below for that party: To Grantee: To Grantor: City Clerk HARDEEP SINGH City of Tukwila 5159 S 160TH ST 6200 Soutficenter Blvd, Tukwila, WA, 98188 'Tukwila, WA 98188 18 With regard to the matters addressed herein, this Covenant constitutes the entire agrecrnent between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written, This Covenant shall be governed by the laws of the State of Washington. Any suit to enforce or relating to this Covenant shall only be filed in King County Superior Court, King County, Washington, and the Parties consent to the jurisdiction thereof. In the event of any legal action by either Party relating to this Covenant, the Parties shall pay their, own costs or fees. City of Tukwila Stu water Maintenance Declaration of Covenant Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -4 of 16 Record Date:3/30/2026 1:16 I'M King County, WA 3.9 This Covenant is intended to protect the value and desirability of the real property described in Exhibit A, promote the efficient and effective management of stormwater drainage, and shall inure to the benefit of all the citizens of the City and its municipal successors and assigns, References herein to the TMC shall include sobuent atuendments to such statutes and all successor statutcs. 111 This Covenant may be amended or tenninated only with the advance express Written consent of the City &s deteffnined pursuant to its discretion. EXECUMD AND EFFECTIVE as of the date last signed below. FOR GRANTOR: FOR GRANTEE: City of Tukwila Public Works Dir for DATE. NOTARY BLOCKS APPEAR ON FOLLOWING PAGE City of Tukwila tar water Mainienance Declaration of Coveiiam Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -5 of 16 Record Date:3/30/2026 1:16 PM King County, WA GIVFN UNI)vR MY H ANT) ANT) OFFICI At. SEAL this day (if 02d. Printe aMe NVPUEtLi(n and for ttht7 ;tate )i gi, n rvsiding My Cornmission STATE OF WASHINGTON COUNTY OF KING I persqlv� I y to me known to be the Op tH" da", I appeared before me� of the OTv oF rat w%. a municipal corporation and noncharter code city with a council -mayor form of govemment organized pursuant to RCW Tille 35A, that executed the foregoing instrument, and acknowlWged such instrument to be her free and voluntary act and deed of said city for the uses and purposes therein mentioned, and on oath stated that s/he was duly authorized to execute such instrument, day of MY IIAND AND 0HICIAL SEAL this 2o2vk City offukwfla Storniwater Mainlenance Declaraflon of Covenant residing at My Gunalission Expires Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -6 of 16 Record Date:3/30/2026 1:16 PM King County, WA Legal Description of Property SPC MICKEN HEIGHTS DIV #1 UNREC LOT "2" OF i"L9KWILA 8P #L 17-0022 PEC #20180926900001 SD SP BEING POR OF LOT 28-29 OF C LK 2 OF SD ADD PLat Block: 2 Plat Lot: 28-29 City of'rukwila 5ton'lawater Maintenance Declaration of Covenant Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -7 of 16 Record Date:3/30/2026 1:16 PM King County, WA 1 City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -8 of 16 Record Date:3/30/2026 1:16 PM King County, WA Permit Numbec D19.0074 Status: ISSUED Type. CO ROSFR Subtype: SINGLE FAMILY Addrew 5159 S 160TH Si Applied DaW 03/01/2019 Applied By: JAZ2 Approved Date: 01/17/2020 Approved By. beam Issued Date. 02/19/2020 Issued By. BR2 Fina1led Date. fim sw Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -9 of 16 Record Date:3/30/2026 1:16 PM King County, WA EXHIBIT C Storinwater Facility/13NIPSite I City of Tukwila. Strsnnwater maintenance Declaration of Covenant Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -10 of 16 Record Date:3/30/2026 1:16 PM King County, WA n EXIST STMH 'S� 20' INGRESS, EGRESS & UTILITY EASEMENT LU z I � f 30' LONE, x 20 1 NCH WIDE x 20 INCH / DEEP INFILTRATION TRENCH 0788-97-51-0 140.0a 15C,ALn : I ® 0'—Cur CATCH BASIN (.TYPE 1) CONNECT ROOF DRAINS TO CATCH BASIN PROPOSED RESIDENCE MAIN FLR @ 274.00' MID FST. ROOF @ 298.14' Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -11 of 16 Record Date:3/30/2026 1:16 PM King County, WA Operations itwith Schedule City ofTukwila 5tormwater Maintenance Declaration of Covenant Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -12 of 16 Record Date:3/30/2026 1:16 PM King County, WA MANHOLESNO. 6 - CATCH BASINS AND laIntanance, Defect or Problem Condition When Maintenance Is Needed Results Expected When Component Maintenance Is Perfonned Structure Sediment Sediment exceeds 60% of the depth from the Sump of catch basin contains no bottom of the etch basin to the invert of the sediment. lowest pipe into or out of the catch basin or is within 6 inches of the Invert of the lowest pope into or out of the etch basin. Trash and debris Trash or debris of more than % cubic foot No Trash or debris blocking or which is located immediately in front of the potentially blocking entrance to catch basin opening or is blocking capacity of catch basin. the catch basin by more than 10. Trash or debris in the catch basin that exceeds No trash or debris in the catch 1/3 the depth from the bottom of basin to invert basin. the lowest pipe into or out of the basin. Plead animals or vegetation that could generate No dead animals or vegetation odors that could cause complaints or present within catch basin. dangerous gases (e.g., methane). Deposits of garbage exceeding 1 cubic foot in No condition present which would volume. attract or support the breeding of insects or rodents. Damage to frame Corner of frame extends more than % Inch past Frame is even with curb and/or top slab curb face into the street (lf applicable). Top slab has holes larger than 2 square inches Top slab is free of holes and or cracks wider than Y. inch. cracks. Frame not sitting flush on top slab, i.e., _ Frame is sitting flush on tap slab. separation of more than % inch of the frarne from the tap slab. Cracks in walls or Cracks wider than 'r°a ouch and longer than 0 Catch basin is sealed and is bottom feet, any evidence of soil particles entering structurally sound. catch basin through cracks, or maintenance person judges that catch basin is unsound. Cracks wider than Y. inch and longer than 1 No cracks more than `/4 inch wide foot at the joint of any inlet/outlet pipe or any at the Joint of inlet/outtet pipe. evidence of soil particles entering catch basin through cracks, Settlement/ Catch basin has settled more than 't inch or _ Basin replaced or repaired to misalignment has rotated more than 2 Inches out of design standards. alignment. Damaged pipe joints Cracks wider than fa -inch at the joint of the No cracks more than g% -inch wide inlet/outlet pipes or any evidence of soil at the joint of iniet/outlet pipes. entering the catch basun at the joint of the inletdoutlet pipes. Contaminants and Any evidence of contaminants or pollution such Materials removed and disposed pollution as oil, gasoline, concrete slurries or paint. of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -13 of 16 Record Date:3/30/2026 1:16 PM King County, WA Inlet/Outlet Pipe Sediment accumulation Sediment filling 0% or more of the pipe. Inlet/outlet pipes clear of sediment,. Unsafe grate Trash and debris hash and debris accumulated in inletldutiet No trash or debris in pipes. opening pipes (includes floatables and non-floatables). Trash and debris Damaged Crags voider than 1/1 -inch at the joint of the No cracks more than 'A. -inch wide 20% of grate surface. iinleUoutlet pipes or any evidence of soil at the joint of the inlet/outlet pipe. Damaged or missing Grate missing or broken membertsj of the entering at the joints of the inletfoutlet pipes. S Maintenance Defect or problem Condition When MaIntenance is Needed Results Expected When Component Maintenance is Performed Metal GratesN Unsafe grate Grate Wirt opening wider than '/a inch, Grate opening meets design (Catch Basins) opening standards. Trash and debris Trash and debris that is blocking more than Grate free of trash and debris, 20% of grate surface. Damaged or missing Grate missing or broken membertsj of the Grate is in place and meets design grate. Any open structure requires urgent standards. maintenance - Manhole Coyer/l..id Comer/lid not in place Coverflid is missing or only partially in piece. Coverfiid protects opening to Any open structure requires urgent structure. maintenance. Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper Not Working maintenance person with proper tools. Bolts tools. cannot be seated. Self-locking cover/lid does not work. Cover/lid difficult to One maintenance person cannot remove Covertiid can be removed and Remove coverAid after applying 80 lbs. of iiR. reinstalled by one maintenance person. Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -14 of 16 Record Date:3/30/2026 1:16 PM King County, WA CONVEYANCE, I Maintenance Defect or Problem Conditions When Maintenance is needed Results Expected When Component Maintenance Is Performed Pipes Sediment & debris Accumulated sediment or debris that exceeds Water flows freely through pipes. accumulation 20% of the diameter of the pipe. Vegetationtroots Vegetationlroots that reduce free movement of Water flows freely through pipes. water through pipes. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed pollution such as axil, gasoline, concrete slurries or paint. of according to applicable regulations. Source control BMPs implemented if appropriate. No Contaminants present other than a surface oil film. Damage to protective Protective coating is damaged; rust or Pipe repaired or replaced. coating or corrosion corrosion is weakening the structural integrity of any part of pipe. Damaged Any dent that decreases the cross section Pipe repaired or replaced. area of pipe by more than 20% or is determined to have weakened structural integrity of the pipe. Ditches_ Trash and debris "trash and debris exceeds 1 cubic foot per Trash and debris deared from 1,000 square feet of ditch and slopes. ditches. Sediment Accumulated sediment that exceeds 20% of the Cutch cleaned /flushed of all�LL accumulation design depth, sediment and debris so that it matches desi n. Noxious weeds Any noxious or nuisance vegetation which may ', Noxious and nuisance vegetation constitute a hazard to County personnel or the removed according to applicable public. regulations. No danger of noxious vegetation wtiere County personnel or the public might normally be. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed pollution such as oil, gasoline, concrete slurries or paint, of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a _ surface oil Vegetation Vegetation that reduces free movement ofW� Water flows freely through ditches. ter through ditches.. Erosion damage to Any erosion observed on a ditch slope.ry M Slopes are not eroding. slopes Rock lining out of One layer or less of rock exists above native Replace rocks to design place or missing (if soil area 5 square feet or more, any exposed standards. Applicable) native soul. Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -15 of 16 Record Date:3/30/2026 1:16 PM King County, WA N.O. 1 Maintenance Defect or Problem Conditions When Maintenance is Needed Resuft Expected When Component Maintenance is pe armed Site Trash or litter Any trash and debris which exceed 1 cubic Trash and debris deared from feat per 1,000 square feet (this Is about equal site. to the amount of trash it would take to fill up one standard size office garbage can). gra general, there should be no visual evidence of dumping. Noxious weeds Any noxious or nuisance vegetation which Noxious and nuisance vegetation may constitute a hazard to County personnel removed according to applicable or the public, regulations. No danger of noxious vegetation where County personnel or the public might nomtally be. Contaminants and _ Any evidence of contaminants or pollution Materials removed and disposed pollution such as oil, gasoline, concrete slunie t or of according to applicable paint. regulations. Source control BMPs implemented if appropriate, No contaminants present other than a surface oil film. Crass/groundcover Grass or groundcover exceeds 18 inches in Grass or groundcover mowed to a height, height no greater than 6 Inches. Trees and Shrubs Hazard Any tree or limb of a tree identified as having No hazard trees in facility, a potential to fall and cause property damage or threaten human We, A hazard tree Identified by a qualified arborist must be removed as soon as possible. o ible. Damaged Damaged Limbs or parts of trees or shrubs that are split 'trees and shrubs VAth less than or broken which affect more than 25% of the 5% of total foliage with split or total foliage of the tree or shrub. broken limbs. Trees or shrubs that have been Wown down No blown down vegetation or� or knocked over, knocked over vegetation. "trees or shrubs free of injury. Trees or shrubs which are not adequately Tree or shrub in place and supported or are leaning over, causing adequatefy supported; dead or exposure of the roots. diseased trees removed. Instrument Number: 20260330000782 Document:COV Rec: $318.50 Page -16 of 16 Record Date:3/30/2026 1:16 PM King County, WA 1 I PAT TKNIC Maintenance Defect or Problem Conditions When Maintenance is Needed Results Upocted When Component Maintenance is Performed Preventative Blocking, Debris or trash limiting flower to infiltration infiltration trench able to receive obstructions trench, fall flow prior, to and during wet season. Site Trash and debris Trash or debris that could end cap in the No trash or debris that could get infiltration trench is evident. into the infiltration trench can be found. Pipes Inlet is plugged The entrance to the pipe is restricted due to _ The entrance to the pipe is not sediment, trash, or debris. restricted, Vegetation/roots Vegetation/roots that reduce free movement Water flows freely through pipes. of water through pipes. Plugged Sediment or other material prevents free flow Water flows freely through pipes. of water through the pipe. Broken or joint Damage to the pipe or pipe joints allowing Pipe does not allow water to exit leaks. water to seep out. other than at the outlet to the trench. Structure Flow not reaching Flows are not getting into the trench as Water enters and exits trench as trench designed. designed. Cleanouthnspection The cleanout/inspection access is not Cleanouttinspection access is access does not available, available, allow cleaning or inspection of trench Filter Media Filter media plugged Filter media plugged. Flow through filter media is normal. Inspection Freeiuenoy Annually and prior to and following significant Inspect infitfration trench system storms. for any defects of deficiencies.