HomeMy WebLinkAbout2007 - Storm Water Easement and Maintenance Agreement - Charter Homes Inc - 20070619000338Return Address: City Clerk 11311171111 City of Tukwila
62 0 Southcenter Boulevard Tukwila, WA 98188
20070
C OF TUKUIL E
PPGE001 OF 009
KING9000NT O
COUNTY, WA
Above this line reserved for recording information.
STORM WATER EASEMENT AND MAIINTENANCE AGREEMENT
(L03 -047 PW04 -093)
Reference it (if applicable): NIA
Grantor: I) Charter Homes, Inc
Grantee: City of Tukwila
Legal Description!STR: A portion of Tract 54,
Riverside Interurban Tracts,
according to the plat thereof,
recorded in Volume 10 of
plats, Page 74, in King
County, Washington, lying
West of Davis Replat of said
tract 54, according to the plat
thereof recorded in Volume 24
of plats, Page 49, in King
County, Washington; except
the south 100 feet thereof;
(NW1 /4, 15- 23 -04)
Assessor's Tux Parcel ID: 734060 -0803
Additional on page:
2)
Additional on page:
Additional on page:
THIS EASEMENT AND AGREEMENT made and entered into this 1 +11 day of
set 1 2007, by and between the City of Tukwila, a municipal corporation of
King County, Washington, hereinafter referred to as "CITY" and Charter Homes, Inc. a
Washington State corporation, located at 601 Union Street, Suite 5100, Seattle, WA 98101,
hereinafter referred to as "PROPERTY OWNER
Storm Water Easement and Maintenance Agreement
Page I of/'9
EXCISE TAX NOT REQUIRED
King Co. Records
WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the
construction of facilities at 3827 South 130 Street, 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 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. PW04 -093, 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.
Storm Water Easement and Maintenance Agreement
Page 2 of 9
Section 3, MAHN 'ENANCE
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 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
DATED this /7 day of
GRANTE CITY OF TUKWILA
Mayor
Attest/Authenticated:
r1 6
vim,L� Approved As To Form by:
Clerk
2007.
City Attorney
STATE OF WASHINGTON
ss.
County of King
On this 1 q"
I day of HO 1 2007, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared S I-e_ -J en on. (Yl t 11 Zt 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.
tx
�Y'
rTARY S
N ii n
O :Z
z 1 PUBv` O
5 t 4 J 7p_1gA� C?
4 9 p'
O F
j� P s a `T,
Storm Water Easement and Maintenance Agreement
Page 4 of 9
Do mo. A 4 i�vl{�eD
p name
Notary Public in and for the State of U
Washington, residing at I L -k-tvt l cc
My appointment expires c f e l U 7
WITNESS my hand and official seal hereto affixed the day and year above written.
STATE OF WASHINGTON)
)ss.
County of King
Storm Water Easement and Maintenance Agreement
Pa of"
5 9
Owner
print name
Nota 'Public in and for the State of
W hington, residing a(
v appointment expiies
I certify that I know or have satisfactory' evidence that ic'c, r k- LA-4-etc z
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 P e s cite r-t of Ch c r e cc
IA z 5 t r c a corporation. to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated o C-1 o L-t 1 D 7
r
Date
Oa
ca K z
Notary Public in and for the State of Washington
residine at (-ire o et
My appointment expires o f2 1
Exhibit "A"
Legal Description of Easement Area
Tract `A' Storm Drainage Vault Tract Made part of City of Tukwila Short Plat No. L03 -047.
Tract `B' Private Street Utilities Tract Made part of City of Tukwila Short Plat No. L03 -47.
The South 15 feet and the East 15 feet of Lot 6, City of Tukwila Short Plat No. L03 -047.
The East 15 feet of Lot 7, City of Tukwila Short Plat No. L03 -047.
The North 7.5 feet of Lot 8, City of Tukwila Short Plat No. L03 -047.
The South 7.5 feet of Lot 9, City of Tukwila Short Plat No. L03 -047.
All located within a portion of Tract 54, Riverside Interurban Tracts, according to the plat thereof,
recorded in Volume 10 of plats, Page 74, in King County, Washington, lying West of Davis Replat of
said tract 54, according to the plat thereof recorded in Volume 24 of plats, Page 49, in King County,
Washington; except the south 100 feet thereof;
Storm Water Easement and Maintenance Agreement
Page 6 of 9
Site Address
Exhibit "B"
Stormwater Pollution Prevention Plan
for
RIVERTON LANE 9 LOT SHORT PLAT
SHORT PLAT L03 -047
PW04 -093
The project is located in NW1 /4 of Section 15, Township 23 North, Range 4 East,
W.M., adjacent to South 130 Street; and within and adjacent to a private street
named 38 LN South, in the City of Tukwila. The site address is 3827 South
130 Street, Tukwila, WA 98168. The Tax Parcel Number is 734060 -0803.
Introduction
This project proposes to develop approximately 1.8 acres of existing, tall grasses
and a few small deciduous trees. The underlying soils vary from fine sands to
medium sand. Catch basins and storm drainage pipes will be installed within the
the private street and adjacent areas to convey runoff to a Private Underground
Detention/Water Quality Vault located in the northeast comer of the site. Roof
downspouts will be individually tightlined to the catch basins,which is tightlined to
the public storm conveyance system in South 130 Street The off -site area is
not considered as part of the detention vault sizing. After development, 0.87
acres of the site is impervious with the remaining 0.96 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 and 10 -year storm events with 1.0 feet 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 Charter Homes, Inc
Address 601 Union Street, Suite 5100, Seattle, WA 98101
Emergency Contact, Phone 206 322 -4393
Person of Responsibility, Date: Mr. Jim Hutson. February 26, 2007
Engineer Preparing Plan
Name Touma Engineers and Land Surveyor
Address 6632 South 191 Place, Suite E102, Kent, WA 98032
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.
Page 8 of 9
Structure
1
Date of Inspection Maintenance
CB 1 Type 1
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
CB 6 Type 2
Insp. Results
Maint. Done
CB 7 Type 2
Control
Structure
Insp. Results
Maint. Done
Page 9 of 9
INSPECTION MAINTENANCE CHECKLIST