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Home My WebLink About10-087 - NC Power Systems Company - Storm Water Easement and Maintenance 1 9 @8 2O 134 @0 CITY OF TUKWIL EAS Return to: PAGE -001 OF 01 09/08/2010 11.55 City Clerk KING COUNTY, WA City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 EXCISE TAX NOT REQUIRED ��King Cu. Fleow is Div s a `ems �l—y Deputy v Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (PW09 -055) 10 -087 Reference (if applicable): N/A Council Aproval N/A Grantor: NC Power Systems Company Grantee: City of Tukwila Legal Description /STR: That Portion of the NE 1 /4 of the NW 1 /4, Sec. 36, T. 23 N., R. 4 E., WM., in King County, Washington Assessor's Tax Parcel ID# 362304 -9011 THIS EASEMENT AND AGREEMENT made and entered into this 4 day of August, 2010, by and between the City of Tukwila, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and NC Power Systems Company, a Washington State corporation, located at 17900 W. Valley Hwy, Tukwila, WA 98188, hereinafter referred to as "PROPERTY OWNER WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 17900 W. Valley Hwy., 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 Page 1 of 11 W \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410 doc 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 Permit No. PW09 -055, 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. 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 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 perfoini necessary maintenance if, after the PROPERTY Page 2 of 11 W \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410 doe 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 they 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. Page 3 of 11 W \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410.doc SIGNED AND DATED this, 3 Ytday of 2010 rJ G' NTEE CITY OF TUKWILA •r ATTE Approved As to Form Cit Clerk Co n:y STATE OF WASHINGTON ss. COUNTY OF KING On this �L day of 1A Lt 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared before me Jim Haggerton, known to 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 he authorized to execute said instrument. GIVEN under my hand and official seal this 3(-) day of Au,),A-S t. Print Name p`LM 1 p s O r, ��''i i C d Notary Public in and fort State of Washington, residing at 'fit 0 2/ My appointment expires: E Z 6/ 11 Page 4 of 11 W \PW Eng \OTHER \Dave McPherson\nc power storm water easement maint agreement 080410.doc IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this 9 day of August 2010. Richard �"Bellin, VP /C Grantor Property Owner STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that Richard C. Bellin 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 Vice President/Chief Financial Officer of NC Power Systems Company, a Washington State corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated August 9. 2010 Lisa A. Walrath Notary Public in and for the State of Washington residing at Kitsan County My appointment expires 6/5/2013 Page 5 of 11 C:\Documents and Settings \jagoda nichols.CORPDOM\Local Settings \Temporary Internet Files \OLK4D\nc power storm water easement maint agreement 080410.doc Exhibit "A-I" Legal Description of Easement Area THE EASTERN MOST 250 FEET OF THE FOLLOWING THAT PORTION OF GOVERNMENT LOT 2 AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF WEST VALLEY ROAD AND WESTERLY OF PUGET SOUND ELECTRIC RAILWAY RIGHT OF WAY AND LYING BETWEEN LINES 150 FEET AND 480 FEET NORTH OF AND MEASURED AT RIGHT ANGLES THERETO AND PARALLEL TO THE NORTH LINE OF HENRY ADAMS DONATION LAND CLAIM NO. 43, EXCEPT THAT PORTION THEREOF LYING WITHIN STATE HIGHWAY NO. SR 181. TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23. NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT A POINT 30 FEET NORTH AND 735.75 FEET WEST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43, THENCE NORTH 120 FEET TO A LINE WHICH IS 150 f tL 1 NORTH OF AND PARALLEL WITH SAID NORTH LINE THENCE WEST ALONG SAID PARALLEL LINE 60 FEET, THENCE SOUTH 120 FEET, THENCE EAST 60 FEET TO THE POINT OF BEGINNING. Page 6 of 11 W:\PW Eng \OTHER\Dave McPherson\nc power storm water easement maint agreement 062409.doc Exhibit "A -2" Depiction of Easement Area TORMWATER WE_TPOND STORM POND EASTERN PORTION OF TL# 362304 -9011 S88-2 E... 221.13 TUKWILLA L95 --0065 Tu Lot Consolidation L07 -087 20080407001690 9059 60 66 59 (S. 180 STREET) 669 75 W 30 N of o S.W. 43RD. j.T NE COR. ADAMS D.C. Page 7 of 11 W:\PW Eng \OTHER\Dave McPhersonlnc power storm water easement maint agreement 062409.doe Exhibit "B" Stormwater Pollution Prevention Plan for NC Power Systems Co. (PW09 -055) Site Address The project is located in that Portion of the NE 1 /4 of the NW 1 /4„ Sec. 36, T 23 N., R. 4 E., WM., in King County, Washington. The site address is 17900 W. Valley Hwy., Tukwila, WA. The Tax Parcel Number is 362304 -9011. Introduction This project proposes to develop approximately 1 06 acres of new asphalt pavement for additional equipment storage area The total existing 1.85 acre site includes; grasses, an existing stormwater pond, a conveyance ditch, a gravel road, clusters of mature cottonwood and willows, and a gravel paved area. The Natural Resource Conservation Service (NRCS) classifies the onsite soil as Woodinville silt loam and Newberg silt loam. Catch basins and storm drainage pipes will be installed within the parcel to convey runoff to a new Private Stormwater Wetpond located in the Northwest portion of the site. Roof downspouts and asphalt parking areas will be tightlined to the catch basins, which are tightlined to the Private Stormwater Wetpond an existing Storm Pond. After development, 1.06 acres of the site is impervious with the remaining 0.79 pervious acres consisting of ponds, landscaping, etc Plan Goal The goal of the plan is to treat all on -site runoff for water quality by directing flows to a Stormwater Wetpond and an existing Storm Pond. The Stormwater Wetpond is designed to retain runoff volumes up to the 2 and 10 -year storm events. 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. Page 8 of 11 W \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410 doc Inspection Inspect the Stormwater Wetpond and storm pond, at least twice a year, especially after periods of heavy runoff. Maintenance records must be kept for five (5) years and available for Public Works Project Inspector review. Maintenance Person of Responsibility Name: NC Power Systems Company Address: 17900 West Valley Hwy., Tukwila, WA 98188 Emergency Contact: Phone Person of Responsibility, Date: /August 4, 2010 Engineer Preparing Plan Name AHBL Address 2215 N. 30 Street, Suite 300, Tacoma, WA 98403 Plan and /or Information Updates 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 Department. Page 9 of 11 W \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410 doc INSPECTION MAINTENANCE CHECKLIST 1 Structure Date of Inspection Maintenance I 1 1 CB 1 Type 1 Insp. Results Maint. Done CB 2 Type 1 Insp. Results Maint. Done CB lA Type 1 Insp. Results Maint. Done CB 3 Type 1 Insp. Results Maint. Done CB 4 Type 1 Insp. Results Maint. Done CB 5 Type 1 Insp. Results Maint. Done CB 6 Type 1 Insp. Results Maint. Done CONTROL Insp. Results STUCTURE (WEST) 54" Maint. Done Page 10 of 11 W" \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410 doc CONTROL Insp. Results STUCTURE (EAST) 54" Maint. Done Stormwater Insp. Results Wetpond Maint. Done Storm Pond Insp. Results Maint. Done Page 11 of 11 W• \PW Eng \OTHER \Dave McPherson \nc power storm water easement maint agreement 080410 doe