HomeMy WebLinkAbout2009 - Declaration of Storm Water Easement and Maintenance - East Marginal Way Properties LLC - 20090421000237
20090421000237
Above this line reserved for recording information.
DECLARATION OF STORM WATER EASEMENT AND MAINTENANCE
(PW08 -030/ L08 -023 E08 -003)
Reference (if applicable): N/A
Grantor: East Marginal Way Properties, LLC
Grantee: City of Tukwila
Legal Description /STR: A portion of the SW 1/4 of Section 3, Township 23,
Range 4 WM., in King County, Washington.
Assessor's Tax Parcel ID# 032304 -9164; 032304 -9046
THIS DECLARATION OF STORM WATER EASEMENT AND MAINTENANCE
DECLARATION "Declaration is made this 10 day of March, 2009 by East Marginal
Way Properties, LLC, a Washington limited liability company, hereinafter referred to as
"Declarant
WHEREAS, Declarant is the owner of that certain real property described on
Exhibit A -1 "Servient Estate and that certain real property described on Exhibit A -2
"Dominant Estate
WHEREAS, Declarant has applied for certain permits with the City of Tukwila, a
municipal corporation of King County, Washington "City for the construction of
Storm Water Easement and Maintenance Declaration Page 1 of 10
facilities on real property commonly known as 10802 East Marginal Way, Tukwila, WA,
which real property includes the Servient Estate and the Dominant Estate; and
WHEREAS, the Declarant has constructed a stormwater conveyance and storage
system, including, but not necessarily limited to, a detention vault, underground pipes,
and certain necessary appurtenances thereto "Storm System on the Dominant Estate;
and
WHEREAS, the Declarant desires that the Storm System be maintained to
adequately control both the quantity and quality of storm drainage originating from the
Servient Estate and the Dominant Estate; and
NOW, THEREFORE, DECLARANT DECLARES THE FOLLOWING:
Section 1, EASEMENT
Declarant hereby provides an easement "Storm Easement solely for the benefit
of the Dominant Estate and the City over, under and on that portion of the Servient Estate
as necessary to accommodate the Storm System and as showing on the approved record
drawings revised pursuant to construction records for the City of Tukwila under Permit
No. PW08 -030 "Record Drawings which Record Drawings are hereby incorporated
by reference as if set out in full. The Storm Easement shall be for the following strictly
limited purposes: (i) with respect to the Dominant Estate, for collecting storm water
originating on the Dominant Estate and conveying such storm water into the City's storm
utility system, as appropriate; and (ii) with respect to the City, for performing
maintenance subject to the terms set forth in Section 3 hereof.
Section 2, HEIRS, SUCCESSORS AND ASSIGNS
This Declaration shall be binding upon the heirs, successors, and assigns of
Declarant and shall run with the Servient Estate.
Section 3, MAINTENANCE
The Declarant agrees to maintain the Storm System in accordance with the
ordinances and all applicable codes of the City now effective and the Stormwater
Pollution Prevention Maintenance and Operation Schedule attached as Exhibit B,
incorporated herein by this reference. The Declarant does hereby agree that the City may
enter the Storm Easement for the limited purpose of performing necessary maintenance to
the Storm System; provided that the City has provided Declarant written notice stating
with particularity measures that must be completed to maintain the proper function of the
Storm System as specified herein and Declarant has failed to perform such measures
within sixty days thereof. Further, the Declarant agrees the City may enter onto the
Servient Estate to perform emergency maintenance in the event of the Storm System's
failure if such failure presents imminent danger to public facilities or private facilities of
other property owners. In the event that the City performs maintenance on the Storm
Storm Water Easement and Maintenance Declaration Page 2 of 10
System as a result of Declarant's failure to properly maintain the same, Declarant shall
reimburse the City for the reasonable costs actually incurred by the City in maintaining
the Storm System. In the event suit or action is brought for the enforcement or
declaration of rights pursuant to this Declaration or as the result of any alleged breach of
any provision of this Declaration, the prevailing party or parties in such suit or action
shall be entitled to recover their costs and expenses, including reasonable attorneys' fees,
from the losing party or parties, and any judgment or decree rendered in such proceedings
shall include an award thereof.
1 T
SIGNED AND DATED this /U day of stied 2009
DECLARANT:
EAST MARGINAL WAY PROPERTIES, LLC,
a Washington limited liability company,
By:
Its:
ATTEST:
CITY OF TUKWILA
By:
Its: MayoY'
v G
Approved As to Form:
eia_lia #4
City Cler ,xaCtty Attorney
[Notarized on following page]
Storm Water Easement and Maintenance Declaration Page 3 of 10
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this i day of W C A 2009, 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.
r'i
GIVEN under my hand and official seal this a4 day of pt\* 4
•\au"gh 1h
,z.„‘ \SSA q 1 t
Print Name
S 4 6, 0 a r. Notary Pubpc in and for the State of Washington,
residing at
STATE OF WASHINGTON
)ss.
COUNTY OF KING
MeltssA i-
I certify I have know or have satisfactory evidence that Fred McConkey 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 as the
Manager of East Marginal Way Properties, LLC, a Washington limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Storm Water Easement and Maintenance Declaration
Date. /0 U f
f seWAr /.Gr 4 p4J 4/4/
0 Notary Put/ /And for e State of Wa ington
residing at itrk ano l
/o_/ 2
My appointment expires
Page 4 of 10
Exhibit A -1
Legal Description of Servient Estate
That Portion of the West half of the S W Sec. 3, T. 23 N., R. 4 E., WM., in King
County, Washington, more particularly described as follows:
COMMENCING AT THE INTERSECTION OF THE EASTERLY MARGIN OF EAST
MARGINAL WAY SOUTH (STATE HIGHWAY NO. 5 -M, DUWAMISH ROAD)
RIGHT -OF -WAY HAVING A RIGHT ANGLE WIDTH OF 60 FEET WITH THE
SOUTH LINE OF SAID SECTION 3; THENCE NORTH 15 WEST, ALONG
SAID EASTERLY MARGIN OF EAST MARGINAL WAY SOUTH TO THE
SOUTHWEST CORNER OF PARCEL `A' IN CITY OF TUKWILA LOT LINE
ADJUSTMENT NO. L95 -0055, ACCORDING TO THE SURVEY RECORDED
UNDER RECORDING NO. 9601230674; AND THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 15°38'16" WEST, ALONG SAID EASTERLY
MARGIN, A DISTANCE OF 616.99 FEET; THENCE NORTH 74 °23'20" EAST A
DISTANCE OF 247.11 TO A POINT ON THE WESTERLY MARGIN OF THE
PUGET SOUND POWER AND LIGHT COMPANY RIGHT -OF -WAY, FORMERLY
THE SEATTLE TACOMA INTERURBAN RAILWAY RIGHT -OF -WAY, AND THE
BEGINNING OF A NON TANGENT CURVE TO THE LEFT, FROM WHICH POINT
THE RADIUS POINT OF SAID CURVE BEARS NORTH 77 °27'39" EAST, 2914.93
FEET DISTANT; THENCE SOUTHEASTERLY, ALONG SAID CURVE AND
MARGIN, PASSING THROUGH A CENTRAL ANGLE OF 08 °18'09 AN ARC
DISTANCE OF 422.40 FEET; THENCE SOUTH 20 50'31" WEST 195.84 FEET;
THENCE SOUTH 74 °23'12" WEST 272.63 FEET TO SAID EASTERLY MARGIN OF
EAST MARGINAL WAY SOUTH AND THE POINT OF BEGINNING.
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE
NORTHERLY 30 FEET OF PARCEL B IN SAID CITY OF TUKWILA LOT LINE
NO. L95 -0055.
Storm Water Easement and Maintenance Declaration Page 5 of 10
Exhibit A -2
Legal Description of Dominant Estate
That Portion of the West half of the S W %4, Sec. 3, T. 23 N., R. 4 E., WM., in King
County, Washington, more particularly described as follows:
COMMENCING AT THE INTERSECTION OF THE EASTERLY MARGIN OF EAST
MARGINAL WAY SOUTH (STATE HIGHWAY NO. 5 -M, DUWAMISH ROAD)
RIGHT -OF -WAY HAVING A RIGHT ANGLE WIDTH OF 60 FEET WITH THE
SOUTH LINE OF SAID SECTION 3; THENCE NORTH 15°38'16" WEST, ALONG
SAID EASTERLY MARGIN OF EAST MARGINAL WAY SOUTH TO THE
SOUTHWEST CORNER OF PARCEL `A' IN CITY OF TUKWILA LOT LINE
ADJUSTMENT NO. L95 -0055, ACCORDING TO THE SURVEY RECORDED
UNDER RECORDING NO. 9601230674; THENCE CONTINUING NORTH 15°38'16"
WEST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 616.99 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 15 WEST,
ALONG SAID EASTERLY MARGIN, A DISTANCE OF 232.24 FEET; THENCE
NORTH 80 °20'32" EAST A DISTANCE OF 266.88 FEET TO A POINT ON THE
WESTERLY MARGIN OF THE PUGET SOUNG POWER AND LIGHT COMPANY
RIGHT -OF -WAY, FORMERLY THE SEATTLE TACOMA INTERURBAN
RAILWAY RIGHT -OF -WAY, AND THE BEGINNING OF A NON TANGENT
CURVE TO THE LEFT, FROM WHICH POINT THE RADIUS POINT OF SAID
CURVE BEARS NORTH 81 °29'54" EAST, 2914.93 FEET DISTANT; THENCE
SOUTHEASTERLY, ALONG SAID CURVE AND MARGIN, PASSING THROUGH
A CENTRAL ANGLE OF 04°02'15", AN ARC DISTANCE OF 205.41 FEET;
THENCE SOUTH 74 °23'20" WEST 247.11 FEET TO SAID EASTERLY MARGIN
OF EAST MARGINAL WAY SOUTH AND THE POINT OF BEGINNING.
Storm Water Easement and Maintenance Declaration Page 6 of 10
PW08 -030 L08 -023
TL 032304 -9046
CB #1
Exhibit A -3
Depiction of Storm Drainage System
TUKWILA MEDICA
TL 032304-91.64
WATER QUALITY
DETENTION VAULT
CB #2
Storm Water Easement and Maintenance Declaration Page 7 of 10
Site Address
Exhibit "B"
Stormwater Pollution Prevention Plan
for
East Marginal Way Properties, LLC
(a.k.a.) Tukwila Medica
PW08 -030
The project is located in that Portion of the West half of the SW Sec. 3, T. 23
N., R. 4 E., WM., in King County, Washington. The site address is 10802 East
Marginal Way South, Tukwila, WA. The Tax Parcel Number is 032304 -9046.
Introduction
This project proposes to develop approximately 1.28 acres of existing; asphalt
pavement and gravel areas. The underlying soils are mostly Silty Sand w /gravel
(ALLUVIUM). Catch basins, and storm drainage pipes will be installed within the
existing asphalt and gravel areas; to convey drainage to a new Private
Underground Detention/Water Quality Vault. Roof downspouts, a driveway, and
a new asphalt parking area; will be tightlined to the catch basins and to the
detention system. After development, most of the 1.28 acres will be impervious.
A small amount of the 1.28 acre site will be pervious, mostly located within the
new landscaped areas. The new detention /water quality vault will also be sized
to accommodate approximately 0.87 acres of impervious surface, located North
of and adjacent to the 1.28 acre site. The new storm drainage system
discharges to the Public system within East Marginal Way South.
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 asphalt parking area and driveway shall be cleaned and swept as
necessary to remove debris.
Storm Water Easement and Maintenance Declaration 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 one foot to allow silt -laden runoff to
settle at the bottom of the vault.
Person of Responsibility
Name: East Marginal Way Properties, LLC
Address: 3006 Northup Way, Suite 303, Bellevue, WA 98004
Emergency Contact: Phone 425 889 -1180
Person of Responsibility, Date: Mr. Fred McConkey, March 10, 2009
Engineer Preparing Plan
Name
Address
Plan and /or Information Updates
Barghausen Consulting Engineers, Inc..
18215 72 Ave. South, Kent, WA 98032
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 Declaration Page 9 of 10
INSPECTION MAINTENANCE CHECKLIST
Structure
CB 1 Type 1
CB 2 Type 1
Detention
WQ Vault
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Insp. Results
Maint. Done
Date of Inspection Maintenance
Storm Water Easement and Maintenance Declaration
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