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HomeMy WebLinkAbout2022 - Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS - Tukwila Village Phase 2 Opportunity Fund et al / City of Tukwila - 20220222001229111111111111111111111 11111 111 1 1111111 1 11111 111 111 1111 20220222001229 COVENANT Rec: $220.50 2/22/2022 12:39 PM KING COUNTY, WA After Recording_ Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila. WA 98188 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OFSTORMWATER FACILITIES AND BMPS Grantor(s): TUK\VILA VILLAGE PI -EASE 2 OPPORTUNITY FUND. LLC. a Washington limited liability company, TUK\VILA VILLAGE ASSOCIATES ( ) LIMITED PARTNERSHIP. a Washington limited partnership. and TUKWILA VILLAGE COMMERCIAL (I ) ASSOCIATES. LLC. a Washington limited liability company Grantee(s): CITY OF'ft.JK\\ lI..f\. a \V'ashin! ton municipal corporation Abbreviated Legal Description: Portions of Parcels A. B & C. Lot Consolidation No. L13-021. Recording No. 20150428900001. A full Leval Description of the Property is attached hereto as Exhibit "A". Assessor's Tax Parcel ID No.: 1523049242. 1 523049322. and S700700000 Paye 1 of 7 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OFSTORMWATER FACILITIES AND BMPS IN CONSIDERATION of the Public Works final inspection Ii rCity of Tukwila Public Works Permit No. PW 13-0163 relating to the real property ("Property") as described in Exhibit "A" attached hereto and by this reference incorporated herein. Tukwila Village Phase 2 Opportunity Fund. LLC. Tukwila Village Associates (I) Limited Partnership. and Tukwila Village Commercial (1) Associates. LLC (collectively. the -Grantors-). the fee simple owners of that Property. hereby covenant to the City of Tukwila. a Washington municipal corporation (the "Grantee"), that they observe. consent to. and abide by the conditions and obligations set forth and described in the following Paragraphs I through 10 hereof with regard to the Property, and hereby grant to the Grantee an easement with respect to the Property as described in Paragraphs 2 and 3 hereof. Accordingly. pursuant to this Declaration of Covenant for Inspection and Maintenance of Stormwater facilities and BMPs (the "Declaration of Covenant"). the Grantors hereby grant. covenant. and agree as follows: The Grantors and their successors in interest and assigns (collectively. the "Owner") shall. at their own expense. operate. maintain. and keep in good repair. the Property's stormwater facilities and best management practices ("I3i\'IPs") identified in the plans and specifications submitted to the City of Tukwila for the review and approval of Public Works Permit No. P\\' 13-0163. The terns "stormwater Iacilities" includes pipes. catch basins. modular wetlands. vaults and other engineered structures designed to manage stormwater on the Property. Stormwater B vIPs include vegetated areas. permeable pavements. vegetated roofs. rainwater harvesting systems. reduced impervious surface coverage and other measures designed to reduce the amount of stormwater runoff -on the Property. 2. The City of Tukwila shall have the right of ingress and egress over those portions oldie Property Page 2of7 necessary to perform inspections of the storm water facilities and 13MPs and conduct other activities specified in this Declaration of Covenant and in accordance with City of Tukwila Code (" TMC') 14.30.80. This richt of ingress and egress, richt to inspect. and right to perform required maintenance or repair shall be as provided for in Paragraph 3 below. 3. if the City of Tukwila determines that maintenance or repair work is required to be done to any of the stormwater facilities or BMPs. the Director of Public Works (the "Director") shall Live notice of the specific maintenance and/or repair work required pursuant to Tv1C 14.30.80. The Director shall also set a reasonable time in which such work is to be completed by the Owner. lithe above required maintenance or repair is not completed within the time set by the Director. the City may perform the required maintenance or repair. and hereby is granted access to the Property for such purposes. Written notice will be sent to the Owner statins the City's intention to perform such work. This work will not continence until al least seven (7) days after such notice is mailed. II: within the sole discretion of the Director. there exists an imminent or present danger. the seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 4. If at anv time the City of Tukwila reasonably determines that a stormwater facility or LIMP on the Property creates any of the hazardous conditions listed in TMC 14.30.80 and herein incorporated by reference. the Director or equivalent municipal successor's official may take measures specified therein. 5. "fhe Owner shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described in Paragraph 3 or any measures taken by the City to address hazardous conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damaccs. If legal action ensues. the prevailing party is entitled to costs or fees. 6. The Owner is hereby required to obtain written approval from the Director of Public Works prior 10 filling. piping. cutting. or removing vegetation (except in routine landscape maintenance) in open vegetated storm water facilities (such as swales. channels. ditches. ponds. etc.). or perform Inc any alterations Pace 3 of 7 or modifications to the stormwater facilities and BM Ps referenced in this Declaration of Covenant. 7. Any notice or consent required to he given or otherwise provided for by the provisions of this Declaration of Covenant shall he effective upon personal delivery. or three (3) days alter mailigby Certilicd Mail. return receipt requested. to the address listed below for that party: To Grantee: City Clerk City of Tukwila 6200 Southcenter 13lvd. Tukwila, A\'A 98188 To Grantors/Owner: c/o Tukwila Villaue Development Associates. LLC 1'1400 Tukwila International 131vd. Suite 100 Tukwila. A\`'A 98168 8. With regard to the matters addressed herein. this Declaration of Covenant constitutes the entire agreement between the parties. and supersedes all prior discussions. negotiations. and all agreements whatsoever whether oral or written. This Declaration of Covenant may be executed in multiple counterparts. al of which taken together shall be treated as one and the same instrument. 9. This Declaration of Covenant is intended to protect the value and desirability of the real property described in Exhibit \" and shall inure to the benefit of all the citizens of the City or Tukwila. This Declaration of Covenant shall run with the land and he bindine upon the Cirantors. and the Grantors' successors 111 interest. and assigns. 10. This Declaration of Covenant may be terminated by execution of a written agreement by the (:hyper and the City of -Tukwila that is recorded by King County in its real property records. JThc remainder of this page is intentionally left blank. The executing signatures of the Grantors and Grantee are on the following pages.] Page 4 of 7 IN WITNESS WHEREOF. this Declaration of Covenant for the Inspection and Maintenance of Stormwater Facilities and [3MPs is executed by Grantors and Grantee effective on this ,7 c day of June. '071 GRANTORS: -Tukwila Villa,:e Phase Opportunity Fund. LLC. a \Vashington limited liability company 13y: Tukwila Village Development Associates. LLC. Its Managing Member L3 v: A a Bryan M. Park. i\'lanaeer Tukwila Village Associates (1) Limited Partnership, a A\ashimeton limited partnership 13y: Tukwila Village Development Associates. LLC. Its General Partner 13v: Bryan M. Park. i\'lanauer 'Tukwila Village Commercial (1) Associates. LLC. a Washinuton limited liability company 13v: Tukwila Village Development Associates. Ll.C. Its Solei lember 13y: GRANTEE: 13ryan i\'l. Park. i'1anaeer CITI' OF TLJK\VILA. a \Vashineton municipal corporation --1-Jkl-n-4441-.41, Public Works Director Approved as To Form: Cite Attorney Passe S of 7 STATE O1= WASHINGTON ) )ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Bryan M. Park is the person who personally appeared before nie, and said person acknowledged that he signed this instrument on oath stated that he was authorized to execute the instrument and acknowledge it as the iManacer of Tukwila Village Development Associates. LLC. the Managing Member of Tukwila Village Phase 2 Opportunity Fund. LLC the General Partner of Tukwila Village Associates (I ) Limited Partnership. a Washington limited partnership. and the Sole Member of Tukwila Village Commercial (1) Associates. LLC, a \\'ashin`eton limited liability company. to be the free and voluntary act on behalf of said parties for the uses and purposes mentioned in the instrument. Dated .lune 5'. 30? 1. -.�.......„/ Ili l, Notary Public in and for th State of Washington _: SOP% residing at t �1 q r, Q1� I vJA :`' 83873 ' �i �I y�I Q.• �>.y OTqaR 2 ; l� 2022 e s —►.�— s ivl\ appointment expires �.00 , N�,;of PURL\Gq�sz 17 'yEXPIRES��.-- �Q"' ii 47 P' WAS`"�-` Page6of7 STATE OF WASHINGTON ) ss COUNTY OF KING On this day of,ta< 202 I before me. the undersigne{d.�. a, N ary Pu blicin and for the State of Washington, duly commissioned and sworn. personally appeared i' - • .f a clic Works Director oldie Cite of Tukwila, Washington, and said person acknowledged that he signed this instrument. on oath stated that he was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal the day and year First above written. 2ret.Lt,c--L'Iat lift-/ kti-6111 NOTA RV PUBLIC in and for the State of Washington Residing, at: LtJt GV•�(h My appointment expires: (75 igcaaa, Page 7 of 7 Exhibit "A" Legal Description of Property The following described real property situate in the City of Tukwila, King County, Washington: PARCEL A: PARCEL A OF CITY OF TUKWILA LOT CONSOLIDATION NO. L13-021, ACCORDING TO THAT LOT CONSOLIDATION RECORDED UNDER RECORDING NO. 20150428900001, IN KING COUNTY, WASHINGTON. PARCEL B: PARCEL B OF CITY OF TUKWILA LOT CONSOLIDATION NO. L13-021, ACCORDING TO THAT LOT CONSOLIDATION RECORDED UNDER RECORDING NO. 20150428900001, IN KING COUNTY, WASHINGTON. PARCEL C: PARCEL C OF CITY OF TUKWILA LOT CONSOLIDATION NO. L13-021, ACCORDING TO THAT LOT CONSOLIDATION RECORDED UNDER RECORDING NO. 20150428900001, IN KING COUNTY, WASHINGTON. Exhibit "B" Storm Drainage PIan For Tukwfla Village Phase 2 Public Works Permit No. PVV13-0163 [See attached Storm Drainage Plan] EXHIBIT B STORMWATER SITE PLAN 1=200' cB116 a3 1431 CB 142 PROPERTY LINE 9 CB 117 �118 c8119 CB 119A CB 421 CB 120 CB .11.19B ) il II3LDG A a3 .132' ' ' a3 *27 CB 130 CB 129 /CB 428_17 - CB 126A' LYD AYD 12 YD 8 144Th ST �BI10 ir EX BLDG D CB 122 c8133 MW 14 CB 134 c8135 CB 137 B136 BLDG B CB 431 CB 137A CB 136A CB 125 YD 14 B138 B139 CB 147 YD 16 ¥D15 CB 141 CB 123 mo:7/21/2021 SCALE: HORIZONTAL 1"=200' BARGHAUSEN CONSULTING ENGINEERS, INC. 18215 72ND AVENUE SOUTH KENT, WA 98032 425.251.6222 BARGHAUSEN.COM For: TUKWILA VILLAGE JOB NUMBER 15255 Title: EXHIBIT B STORMWATER SITE PLAN SHEET 1 of 1 DESIGNED JRM "DRAWN JRM !CHECKED ZTW 'APPROVED DKB IDATE 07/21/2021 Exhibit "C" Stormwater Pollution Prevention Plan For Tukwila Village Phase 2 Public Works Permit No. PW13-0163 Street Address The street address is 14200 Tukwila International Blvd. Tukwila, WA 98168 [Building A]; 4110 S. 144th Street, Tukwila International Blvd, Tukwila, WA 98168 [Building B]; and 14350 Tukwila International Blvd. Tukwila, WA 98168 [Building C]. Plan Goal The goal of the plan is to treat all on-site runoff for water quality by directing flows to a modular wetland and through a storm detention vault prior to discharge to the public storm water system in South 144th Street. 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 and parking lot shall be cleaned and swept as necessary to remove debris. Inspection and Maintenance Guidelines Inspect the entire stormwater system and clean out catch basins at least twice a year, especially after periods of heavy runoff. The modular wetland system shall be maintained as recommended by the manufacturer. Maintenance records must be kept for five (5) years and available for City Inspector review. A sample Inspection / Maintenance Checklist is attached hereto. Facility -specific maintenance standards and inspection and maintenance guidelines for the stormwater system and modular wetland system are also attached hereto. Person of Responsibility Name: Tukwila Village Development Association, LLC Address: 14400 Tukwila International Blvd.. Suite 100 Tukwila. WA 98168 Emergency Contact: Phone No. (253) 231-5001 Person of Responsibility. Date: Bryan M. Park. June, 2021 Engineer Preparing Plan Name: Barghausen Consulting Engineers. Inc. Address: 18215 72nd Avenue South 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 Storm Water 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. Structure Inspection Frequency Inspection Results and Maintenance Done Inspection results/Mainten ance Date Comments CB#1 Type 1 3 Insp. Results Maint. Done CB#2 Type 1 3 Insp. Results Maint. Done CB#3 Type 1 3 Insp, Results Maint. Done CB#4 Type 2 3 Insp. Results Maint. Done MW#3 Modular Wetland 2 Insp. Results Maint. Done Stormwater Detention Vault 2 Insp. Results Maint. Done 1 Yearly (August or September) and after major storm events per manufacturer' recommendations 2 Twice a year 3 Monthly Modular Wetland System — Linear Inspection Guidelines Inspection Summary o Inspect Pre -Treatment, Biofiltration and Discharge Chambers — average inspection interval is 6 to 12 months. • (15 -minute average inspection time). o NOTE: Pollutant loading varies greatly from site to site and no two sites are the same. Therefore, the first year requires inspection monthly during the wet season and every other month during the dry season in order to observe and record the amount of pollutant loading the system is receiving. Inspection Overview As with all stormwater BMPs inspection and maintenance on the MWS Linear is necessary. Stormwater regulations require that all BMPs be inspected and maintained to ensure they are operating as designed to allow for effective pollutant removal and provide protection to receiving water bodies. It is recommended that inspections be performed multiple times during the first year to assess the site specific loading conditions. This is recommended because pollutant loading and pollutant characteristics can vary greatly from site to site. Variables such as nearby soil erosion or construction sites, winter sanding on roads, amount of daily traffic and land use can increase pollutant loading on the system. The first year of inspections can be used to set inspection and maintenance intervals for subsequent years to ensure appropriate maintenance is provided. Without appropriate maintenance a BMP will exceed its storage capacity which can negatively affect its continued performance in removing and retaining captured pollutants. Inspection Equipment Following is a list of equipment to allow for simple and effective inspection of the MWS Linear: • Modular Wetland Inspection Form • Flashlight • Manhole hook or appropriate tools to remove access hatches and covers • Appropriate traffic control signage and procedures • Measuring pole and/or tape measure. • Protective clothing and eye protection. • 7/16" open or closed ended wrench. • Large permanent black marker (initial inspections only — first year) • Note: entering a confined space requires appropriate safety and certification. It is generally not required for routine inspections of the system. Inspection Steps The core to any successful stormwater BMP maintenance program is routine inspections. The inspection steps required on the MWS Linear are quick and easy. As mentioned above the first year should be seen as the maintenance interval establishment phase. During the first year more frequent inspections should occur in order to gather loading data and maintenance requirements for that specific site. This information can be used to establish a base for long term inspection and maintenance interval requirements. The MWS Linear can be inspected though visual observation without entry into the system. All necessary pre -inspection steps must be carried out before inspection occurs, especially traffic control and other safety measures to protect the inspector and near -by pedestrians from any dangers associated with an open access hatch or manhole. Once these access covers have been safely opened the inspection process can proceed: • Prepare the inspection form by writing in the necessary information including project name, location, date & time, unit number and other info (see inspection form). • Observe the inside of the system through the access hatches. If minimal light is available and vision into the unit is impaired utilize a flashlight to see inside the system and all of its chambers. • Look for any out of the ordinary obstructions in the inflow pipe, pre-treatment chamber, biofiltration chamber, discharge chamber or outflow pipe. Write down any observations on the inspection form. • Through observation and/or digital photographs estimate the amount of trash, debris and sediment accumulated in the pre-treatment chamber. Utilizing a tape measure or measuring stick estimate the amount of trash, debris and sediment in this chamber. Record this depth on the inspection form. • Through visual observation inspect the condition of the pre -filter cartridges. Look for excessive build-up of sediments on the cartridges, any build-up on the top of the cartridges, or clogging of the holes. Record this information on the inspection form. The pre -filter cartridges can further be inspected by removing the cartridge tops and assessing the color of the BioMediaGREEN filter cubes (requires entry into pre-treatment chamber — see notes above regarding confined space entry). Record the color of the material. New material is a light green in color. As the media becomes clogged it will turn darker in color, eventually becoming dark brown or black. Using the below color indicator record the percentage of media exhausted. • The biofiltration chamber is generally maintenance free due to the system's advanced pretreatment chamber. For units which have open planters with vegetation it is recommended that the vegetation be inspected. Look for any plants that are dead or showing signs of disease or other negative stressors. Record the general health of the plants on the inspection and indicate through visual observation or digital photographs if trimming of the vegetation is needed. • The discharge chamber houses the orifice control structure and is connected to the outflow pipe. It is important to check to ensure the orifice is in proper operating conditions and free of any obstructions. Generally, the discharge chamber will be clean and free of debris. Inspect the water marks on the side walls. If possible, inspect the discharge chamber during a rain event to assess the amount of flow leaving the system while it is at 100% capacity (pretreatment chamber water level at peak HGL). The water level of the flowing water should be compared to the watermark level on the side walls which is an indicator of the highest discharge rate the system achieved when initially installed. Record on the form is there is any difference in level from watermark in inches. 0% -- Percent Clogged -- 100% New • NOTE: During the first few storms the water level in the outflow chamber should be observed and a 6" long horizontal watermark line drawn (using a large permanent marker) at the water level in the discharge chamber while the system is operating at 100% capacity. This line is a reference point for future inspections of the system: • Water level in the discharge chamber is a function of flow rate and pipe size. Observation of water level during the first few months of operation can be used as a benchmark level for future inspections. The initial mark and all future observations shall be made when system is at 100% capacity (water level at maximum level in pre-treatment chamber). If future water levels are below this mark when system is at 100% capacity this is an indicator that maintenance to the pre -filter cartridges may be needed. • Finalize inspection report for analysis by the maintenance manager to determine if maintenance is required. Using a permanent marker draw a 6 inch - long horizontal line, as shown, at the higher water level in the MWS Linear discharge chamber. Maintenance Indicators Based upon observations made during inspection, maintenance of the system may be required based on the following indicators: • Missing or damaged internal components or cartridges. • Obstructions in the system or its inlet or outlet. Excessive accumulation of floatables in the pre-treatment chamber in which the length and width of the chamber is fully impacted more than 18". • Excessive accumulation of sediment in the pre-treatment chamber of more than 6" in depth. • Excessive accumulation of sediment on the BioMediaGREEN media housed within the prefilter cartridges. The following chart shows photos of the condition of the BioMediaGREEN contained within the pre -filter cartridges. When media is more than 85% clogged replacement is required. • Overgrown vegetation. • Water level in discharge chamber during 100% operating capacity (pre-treatment chamber water level at max height) is lower than the watermark by 20%. Inspection Notes 1. Following maintenance and/or inspection, it is recommended the maintenance operator prepare a maintenance/inspection record. The record should include any maintenance activities performed, amount and description of debris collected, and condition of the system and its various filter mechanisms. 2. The owner should keep maintenance/inspection record(s) for a minimum of five years from the date of maintenance. These records should be made available to the governing municipality for inspection upon request at any time. 3. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and state requirements. 4. Entry into chambers may require confined space training based on state and local regulations. 5. No fertilizer shall be used in the Biofiltration Chamber. 6. Irrigation should be provided as recommended by manufacturer and/or landscape architect. Amount of irrigation required is dependent on plant species. Some plants may not require irrigation after initial establishment. Modular Wetland System - Linear Maintenance Guidelines Maintenance Summary o Remove Sediment from Pre -Treatment Chamber — average maintenance interval is 12 to 24 months. • (10 -minute average service time). o Replace Pre -Filter Cartridge Media — average maintenance interval 12 to 24 months. • (10-15 minute per cartridge average service time). o Trim Vegetation — average maintenance interval is 6 to 12 months. • (Service time varies). Maintenance Overview The time has come to maintain your Modular Wetland System Linear (MWS Linear). To ensure successful and efficient maintenance on the system we recommend the following. The MWS Linear can be maintained by removing the access hatches over the systems various chambers. All necessary pre -maintenance steps must be carried out before maintenance occurs, especially traffic control and other safety measures to protect the inspector and near -by pedestrians from any dangers associated with an open access hatch or manhole. Once traffic control has been set up per local and state regulations and access covers have been safely opened the maintenance process can begin. It should be noted that some maintenance activities require confined space entry. All confined space requirements must be strictly followed before entry into the system. In addition, the following is recommended: • Prepare the maintenance form by writing in the necessary information including project name, location, date & time, unit number and other info (see maintenance form). Set up all appropriate safety and cleaning equipment. Ensure traffic control is set up and properly positioned. Prepare a pre -checks (OSHA, safety, confined space entry) are performed. Maintenance Equipment Following is a list of equipment required for maintenance of the MWS Linear: • Modular Wetland Maintenance Form • Manhole hook or appropriate tools to access hatches and covers • Protective clothing, flashlight and eye protection. • 7/16" open or closed ended wrench. • Vacuum assisted truck with pressure washer. Replacement BioMediaGREEN for Pre -Filter Cartridges if required (order from manufacturer). Maintenance Steps 1. Pre-treatment Chamber (bottom of chamber) A. Remove access hatch or manhole cover over pre-treatment chamber and position vacuum truck accordingly. B. With a pressure washer spray down pollutants accumulated on walls and pre -filter cartridges. C. Vacuum out Pre -Treatment Chamber and remove all accumulated pollutants including trash, debris and sediments. Be sure to vacuum the floor until pervious pavers are visible and clean. D. If Pre -Filter Cartridges require media replacement move onto step 2. If not, replace access hatch or manhole cover. Removal of access hatch to gain access below. Insertion of vacuum hose into separation chamber. Removal of trash, sediment and debris. Fully cleaned separation chamber. 2. Pre -Filter Cartridges (attached to wall of pre-treatment chamber) A. After finishing step 1 enter pre-treatment chamber. B. Unscrew the two bolts holding the lid on each cartridge filter and remove lid. C. Place the vacuum hose over each individual media filter to suck out filter media. D. Once filter media has been sucked use a pressure washer to spray down inside of the cartridge and it's containing media cages. Remove cleaned media cages and place to the side. Once removed the vacuum hose can be inserted into the cartridge to vacuum out any remaining material near the bottom of the cartridge.