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HomeMy WebLinkAbout2007 - Storm Water Easement and Maintenance Agreement - Singh Hardeep - 20070511000143Return Address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Storm Water Easement and \Maintenance Agreement Page I of 9 1111111111 11-111[11E 20070511000143 H S HOMES 8 OE ERS 39.00 PRGE001 OF 008 05/11/2007 09:13 KING COUNTY, UR Above this line reserved for recording information. STORM WATER EASEMENT AND MALNTENANCE AGREEMENT (L04 -070 PW05 -058) WHEREAS, the PROPERTY OWNER has completed a storm system; and V Reference (if applicable): \;_4 Grantor: 1) Hardeep Singh Grantee: Legal DescriptionSTR: Assessor's Tax Parcel iD City of Tukwila Lot 23, Sunrise View, according to the unrecorded plat thereof; EXCEPT the North 80 feet lying easterly of the West 190 feet; AND EXCEPT State Highway of Sunrise View, unrecorded plat. (SW1 /4, 26- 23 -04) 812520 -0232 Additional on page: 2) Additional on page: Additional on page: EXCISr' T M ,tv'pT'REnt h y Co. SI& Diviiiko 0 THIS EASEMENT AND AGREEMENT made and entered into this 9 day of May, 2007, by and between the City of Tukwila, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Hardeep Singh, an individual, located at 21625 4 Ave. South, Normandy Park, WA 98198, hereinafter referred to as "PROPERTY OWNER WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 17038 53 Ave. South, Tukwila, WA, which create impervious surface; 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 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 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. PW05 -058, 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 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 Storm Water Easement and Maintenance Areement Page 2 of 9 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 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 9 (Mayor GRANTEE: CITY OF TUKWILA v ry I \u.QQL\ Attest/Authenticated: 6 CI Clerk G day of c :o aoTAHk m erne i PUBL \G 2 �N. 5 j 9T.,. 1 2 79.3V tt '11 Storm Water Easement and Maintenance Agreement Page4of9 2007. Approved As to Form: City Attomey STATE OF WASHINGTON ss. County of King On this day of -iff _e/ 2007, before me, the undersigted, a Notary Public in and for the State of Washingttn, duly commissioned and sworn, personally appeared 54cNItn YV\ YYI tA.A 1 .c 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 /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. t cu \a A. A 1 al lae print t na q r^' o y Notary Public in and for the State of Washington, residing at Lc -4<k3t I& My appointment expires 1 a t 9 07 STATE OF WASIiNGTON) )ss. County of King Storm Water Easement and _Maintenance Aereement Page 5 of 9 ;i/ Property 0m4er Property Owner Date I certify that I know or have satisfactory evidence that /Iarcle e n h and is /are the person(s) who appeared before me, and said individual(s} acknowledged that he. /she/they signed this instrument and acknowledged it to be histhe heir free and voluntary act for the uses and purposes mentioned in this instrument. Dated /pr// 27 2607 C-Cith. CG. fJ Aiiee A. Deacy Notary Public, in and for the State of Washington residing_ at /i enton My appointment expires 6 -/h -08 Site Address Exhibit "B" Stormwater Pollution Prevention Plan for PIEPER (a.k.a.) SINGH— 9 LOT SHORT PLAT SHORT PLAT L04 -070 PW05 -058 The project is located in the SW1 /4 NW1 /4, of the SW1 /4 of Section 26, Township 23 North, Range 4 East, W.M., adjacent to 53 Ave. South; and within a private street named South 172 Lane, in the City of Tukwila. The site address is 17083 53` Ave. South, Tukwila, WA 98188. The Tax Parcel Number is 812520 -0232. Introduction This project proposes to develop approximately 3.13 acres of existing, tall grasses and a few small deciduous trees. The underlying soils vary from sand silt, sandy silt, and medium to dense sand. 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 eastem portion of the site. Roof downspouts will be individually tightlined to the catch basins, which is tightlined to a public storm conveyance system, located South of the Paved 53` Ave. South end of road. The off-site area is not considered as part of the private detention vault sizing. After development, approximately 1.09 acres of the site is impervious, with the remaining 2.04 pervious acres consisting of 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 year, and 10 -year storm events; with 7 inches 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 street shall be cleaned and swept as necessary to remove debris. Page 7 of 9 Treatment BMP's Interceptor swales were constructed intercepting silt -laden runoff from the site during clearing and directed the runoff to temporary traps for treatment of water before releasing down stream from-the site. These facilities were design for 2/3 of 2 -year storm event. 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 6 -inch sediment at the bottom of the vault, which will be removed at a regular schedule. In the addition for the bottom 6 -inch 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 Hardeep Singh Address 21625 4 Ave. South, Normandy Park, WA 98198 Emergency Contact, Phone 206 261 -7657 Person of Responsibility, Date: Mr. Hardeep (Harry) Singh. April 27, 2007. Engineer Preparing Plan Name Jaeger Engineering Address 9419 South 204 Place, Kent, WA 98031 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. Plan and/or Information Updates Page 8 of 9 Structure Date of Inspection Maintenance CB 1 Type 2 Insp. Results Maint. Done CB 2 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 Storm Vault Insp. Results Page 9 of 9 INSPECTION MAINTENANCE CHECKLIST