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HomeMy WebLinkAbout2015 - Storm Water Easement and Maintenance Agreement - Orcas Homes - 20150603000031Return Address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila. WA 98188 111111111111 1111111111111 20150603000031 ORCAS HOMES LL EAS 82.00 PAGE -001 OF 011 06/03/2015 08:49 KING COUNTY, UA Above this line reserved for recording information. u STORM WATER EASEMENT AND MAINTENANCE AGREEMENT (L13-041 / PW14-0007) Reference # (if applicable): N/A Grantor: ORCAS Homes, LLC Grantee: City of Tukwila Legal De:scription/STR: Assessor's Tax Parcel ID#: Tracts 6 and 7, Block 3, Adams Home Tracts, according to the plat thereof recorded in volume 11 of Plats, page 31, records of King County, Washington (NE1/4, 22-23-04) 004000-0375 / 004000-0380 EXCISE TAX NOT King Co. BY SQUIRED Division Deputy THIS EASEMENT AND AGREEMENT made and entered into this Z3 day of May , 2015, by and between the City of Tukwila, a municipal corporation of ,King County, Washington, hereinafter referred to as "CITY" and ORCAS, LLC a Washington limited Liability company, located at 1100 Dexter Ave N, Suite 275, Seattle, WA 98109, hereinafter referred to as "PROPERTY OWNER". WHEREAS, PROPERTY OWNER has applied for certain permits with the CITY for the construction of facilities at 4419 S. 144th 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 Storm Water Easement and Maintenance Agreement Page 1 of 11 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 I, 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. PW 14-0007, which Record Drawings are hereby incorporated by reference as if set out in full. This easeinent 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 run with the land and 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 perform necessary maintenance if, after the PROPERTY OWNER is given notice to maintain, or in accordance with any state, locate, or federal law or regulation. Further, the PROPERTY Storm Water Easement and Maintenance Agreement Page 2 of 11 DATED this (1),) day of JjQ GRANTEE: CITY OF TUKWILA 4. Amsomig Mayor // Attes Authenticated: , 2015. Approved As to Form: City CI- ! City Attorney STATE OF WASHINGTON ) County of King ss. On this 15j day of , 2015, before me, the undersigned, a Notary Public in and for the State of Was ington, duly commissioned and swom, personally Appeared 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/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. _„41AVRMItiv 40.4 CPP ',,,,,, s 1 s 1 TA Aet.P ,,� $ print name k1 t../ C2 t 1 p Notary Public in - d for the State of Washington, residing at rCeStf.A71,4, My appointment expires Storm Nater Easement and Maintenance A_ereement Page 4 of 11 STATE OF WASHINGTON ) )ss. COUNTY OF KING Cot C_ ,C, A.i3p6ikri `51. 36 Property Owner Date t I certify I have know or have satisfactory evidence that MO/ t OA (A roe— 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 acknowledge as the MAJ4G 1--- of ORCAS Homes, LLC, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated MA/ 23,20/5 #' 'r Vpp F ottanuuirk,����i�� E n$. Notary Public in and for the Stat( of Washington residing at }'do/ra ( \Na My appointment expires N 04 ov her 2s., .Zo I .' G Storm Water Easement and Maintenance Agreement Page 5 of 11 Exhibit "A" Legal Description of Easement Area THAT PORTION OF TRACTS 6 AND 7, BLOCK 3, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT MARKING THE INTERSECTION OF 42ND AVENUE SOUTH AND SOUTH 144'" STREET; THENCE SOUTH 87°49'10" EAST, ALONG THE CENTERLINE OF SAID SOUTH 144TH STREET, 659.69 FEET; THENCE SOUTH 01°08'52" WEST 20.00 FEET TO THE SOUTH MARGIN OF SAID SOUTH 144TH STREET, THE NORTHWEST CORNER OF SAID TRACT 6; THENCE SOUTH 87°49'1 0" EAST, ALONG SAID SOUTH MARGIN 103.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN, SOUTH 87°49'l0" EAST 25.00 FEET; THENCE SOUTH 01°08'52" WEST 169.37 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT, WITH A RADIUS OF 20.00 FEET, AN ARC OF 31.07 FEET; THENCE SOUTH 87°'51'43" EAST 47.34 FEET; THENCE SOUTH 01°08'52" WEST 20.00 FEET; THENCE NORTH 87°51'43" WEST 156.50 FEET; THENCE NORTH 0l008'52" EAST 20.00 FEET; THENCE SOUTH 87°51'43" EAST 44.14 FEET; THENCE NORTH 31°19'10" EAST 40.48 FEET; THENCE NORTH 01°08'52" EAST 153.70 FEET TO THE SOUTH MARGIN SAID SOUTH 144TH STREET AND THE TRUE POINT OF BEGINNING. Storm Water Easement and Maintenance Agreement Page 6 of 11 Exhibit "B" Stormwater Pollution Prevention Plan For NC. — 9 LOT SNORT PLAT SHORT PLAT # L13-041 PW14-0007 Site Address The project is located in the NW 114 of the NE1/4 of Section 22, Township 23 North, Range 4 East, W.M., adjacent to South 148th Street; and within a private Tract / Street named 144th Lane South, in the City of Tukwila. The site address is 4419 S. 144th Street, Tukwila, WA 98188. The Tax Parcel Number is 004000-0375 / 004000-0380. Introduction This project proposes to develop approximately 1.84 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 tract / street and adjacent areas to convey runoff to a Private Underground Detention/Water Quality tank 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 northwest comer of the property. The off-site area is not considered as part of the private detention vault sizing. After development, approximately 0.66 acres of the site is impervious, with the remaining 1.18 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 tank 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. Tract A porous asphalt pavement allows water to enter thru the pavement into the gravel bed and be absorbed by the sub soils to disburse in a more natural manner. However special maintenance practices need to be observed. Storm Water Easement and Maintenance Agreement Page 7of 11 • VACUUM AT LEAST TWICE PER YEAR, a commercial grade high velocity vacuum with low pressure side wash is recommended. • NO PRESSURE WASHING, pressure washing drives sediment deeper and clogs the pavement. • DO NOT allow construction staging, soil/mulch storage, etc on unprotected pavement surface. • Snow/ice removal requires less treatment than standard pavements. DO NOT apply abrasives such as sand or cinders on or adjacent to porous pavement. Snow plow gently with no contact of the blade. Use environmentally benign deicers rather than salt. • Surface cannot be seal -coated. • Inspect for pavement rutting/raveling annually and repair as soon as possible; • All work shall be performed in accordance with best practices of the trade and in accordance with all local, state and federal rules and regulations applicable by any jurisdiction having authority. Inspection Inspect the storm detention /water quality tank, at least once twice a year for the first year and once for the following year. Maintenance records must be kept for five (5) years and available for City Inspector review. Maintenance To ensure proper water quality treatment, the detention tank designed to allow for a minimum of 6 -inch sediment at the bottom of the vault, which shall be removed at a regular schedule. Person of Responsibility Name ORCAS Homes, LLC Address 1100 Dexter Ave N, Suite 275, Seattle, WA 98109 Emergency Contact, Phone # 206-669-6302 Person of Responsibility, Date: Ed Flanigan Engineer Preparing Plan Name PBG, LLC (Han Phan) Address 5130 S. 166th Lane, SeaTac WA 98188 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 Storm Water Easement and Maintenance Agreement Page 8 of 11 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. DEPICTION OF STORM WATER EASEMENT 10' PUBLIC SIDEWALK & PUBUC UTILITY EASEMENT A 16350' 20' PRIVATE DRAINAGE EASEMENT 10' PVT. SIDEWALK S UTILITY EASEMENT LOT 9 15' SEWER IT'037 SQ. FT.) EASEMENT S. 144TH STREET SD7•4912'E 257.87 4 1 103.50 587,1910'E LOT 8 (6,623 SQ. FTJ STORM WATER EASEMENT LOT 7 (6,596 SQ. Ft.) SIIP51b3'E 44.14' 39.50' ( 6500' 64.50' L._ 25' PRIVATE DRAINAGE EASEMENT LOT 6 (6.629 SQ. FT.) LOT 5 (6.576 SQ. Fr.) LOT 3 (1,597 SQ. FT.) LOT 4 (5,311 SQ. FT.) Storm Water Easement and Maintenance Affcctncnt Page9of11 INSPECTION / MAINTENANCE CHECKLIST Structure Date of inspection./ Maintenance CB #1 Type 2 Insp. Results Maint. Done CB #2 'Type 1 Insp. Results Mainz. Done CB 113 Type 2 Insp. Results Maint. Done CB R4 Type 2 Stonnfiltcr by Contech Stonm atcr Solutions 1-800-925-5240 insp. Results Maint. Done C13 #4A Type 2 Insp. Results Maine. Done CI3 #5 'l ype 2 Insp. Results Maint. Done CB #6 Type 2 Insp. Results Maint. Done CB #7 'Type 1 Insp. Results 1 Maint. Done E t O or- CB #11 Type 1 Inst. Results Maint. Dane Insp. Results w "B # 11 A Type 1 Maint. Done CI3 #12 Insp. Results Mainz. Done Storm Detention Tank Insp. Results Maint. Done PAUL it OF It