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Home My WebLink About2024 - Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS - City of Tukwila / Singh Harinder / Kaure Inderjeet - 20240306000232Instrument Number: 20240306000232 Document:COV Rec: S314.50 Page-1 of 12 Record Date:3/6/2(124 10:00,AM Electronically Recorded King County, WA After Recording Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 DOCUMENT TITLE: Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 0 (_2-- o /i-i 6 Additional reference numbers at page 2 of document. /1.1v- GRANTOR: , f?,/i4DEr if\J qi`i Grantor Name -.-LHDT.R.::-(E-e-T k.AL4 K. GRANTEE: City of Tulcwila, a Washington Municipal Corporation ABBREVIATED LEGAL DESCRIPTION: LOr ).-- ' ' Full legal on page 5 of docurnent. KING COUNTY TAX PARCEL NUMBER: Parcel Number 0011 055t) (207 ***Courtesy Recording Only, No Liability for Validity and/or Accuracy Assumed by Stewart Title W28-1045 After Recording Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 DOCUMENT TITLE: Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS REFERENCE NUMBER(S) OF RELATED DOCUMENTS: 0 ii-1 t. 6 Additional reference numbers al page 2 of document. CIR /61) GRANTOR: m-ZiAIDER /hi Grantor Name 7:LAtDE:TEE 7- k.Au.i.2, GRANTEE: City of Tukwila, a Washingtonmicipal Corporation ABBREVIATED LEGAL, DESCRIPTION: LOr-2-, • ' : ' l'id,,,,w ,t_A 51p ' , — Full legal on page 5 of document. KING COUNTY TAX PARCEL NUMBER: Parcel Number - "Z-5 I , DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS 1. Parties 1.1 This Covenant for Inspection and Maintenance of Stormwater Facilities and Best Management Practices ("Covenant") is made by and between [property owner(s)1, as Grantor, and the City of Tukwila, a Washington Municipal Corporation, as Grantee. Grantor and Grantee (also denoted as City herein) are each a Party and collectively the Parties to this Agreement. 2. Recitals olLi& 2.1 Grantor applied to City for issuance of Permit No i3 on Date of Issuance'. " '74'7 2.2 Pursuant to TM.0 14,30.060, application for and issuance of such permit requires the property owner to enter into this Covenant. 2.3 The subject ofthe Covenant is .the real property located in King County, Washington, bearing King County Tax .Parcel No, _00'1 12...._?7 and legally described in. the attached Exhibit A incorporated herein ("Property"). 2,4 The City approved the applications which consist of the following documents, attached and incorporated herein: 2,4,1 City issued Permit No. OLZ- / 6 , Exhibit B. 2.4.2 Stormwater Facility/BMP Site Plan, Exhibit C. 2.4.3 Operations 84 Maintenance Plan including schedule, Exhibit D. 3. Terms of Agreement .NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration including approval and issuance of City of Tukwila Permit p22. - G the sufficiency and receipt of which are acknowledged, Grantor hereby irrevocably covenants as follows-7\4) bi- o'f131Z2_ 3.1 Covenant. The foregoing Recitals and references to documents are incorporated as material .tenns of this 3.2 The Grantor(s) for itself and its successors in interest having any ownership interest in the Property (collectively Owners) shall at their sole cost and expense retain, uphold, operate, maintain, and repair the stormwater facilities and best management practices ("BMPs") located on the Property pursuant to the schedule within the Operations & Maintenance Plan. 3.3 The obligations .required under Section 3,2 above shall be taken consistent the following: 3,3.1 The City shall have th.e .right of ingress and egress over those portions ofthe Property necessary to perform inspections of the stormwater facilities and BM.Ps and conduct other activities specified in this Declaration of Covenant and in accordance with Tukwila IMunicipal Code ("TMC") 14.30.80. This right of ingress and egress, right to inspect, and right to perform required maintenance or repair shall be as provided for in subsection 3.3.2 below. City of Tukwila Stormwater Maintenance .Declaration of Covenant 3.3.2 If .the City determines that maintenance or repair work is required to be done to any of the stormwatcr facilities or BM:Ps, the Director of Public Works or designee (the "Director") shall give notice of the specific maintenance and/or repair work required pursuant to TMC 14.30.080. The Director shall also set a reasonable time in which such work is to be completed by the Owner. If the 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 is hereby granted access to the Property for such purposes. 'Written notice will be mailed to the Owner stating the City's intention to perform such work. This work will not commence until at least seven (7) days after such notice is mailed. If, 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. 3.4 If at any time the City reasonably determines .that a stormwater facility or BMP on the Property presents an imminent h.azard, as identified by TMC 14.30.080 and herein incorporated by reference, the Director or equivalent municipal successor's official may take measures specified therein. 3.5 The Owner shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described in Covenant. 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 damages. All such costs and expense shall constitute a lien against the Property. 3.6 The Owners shall obtain a Type C Public Works permit from the City prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance such as replacement of plants and pretreatment mulch) in open .vegetated stormwater facilities (such as swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the stormwater facilities and BMPs referenced in this Covenant. Prior to the final approval and issuance of the new permit, a new Covenant with updated exhibits reflecting the changes to the stormwater facilities shall be recorded at the Owner's sole cost, and a copy of the new recorded Declaration of Covenant provided to the City. 3.7 Any notice or consent required to be given or otherwise provided for by the provisions of this Declaration of Covenant shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receiptrequested, to the address listed below for that party: To Grantee: To Grantor: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 cL414. s't S 3.8 With regard to the matters addressed herein, this Covenant constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. This Covenant shall be governed by the laws of the State of Washington, Any suit to enforce or relating to this Covenant shall only he filed in King County Superior Court, King County, Washington, and the Parties consent to the jurisdiction thereof. In the event of any legal action by either Party relating to this Covenant, the Parties shall pay their own costs or fees. City of Tukwila Stormwater Maintenance Declaration of Covenant. 3,9 This Covenant is intended to protect the .value and. desirability of the real property described in Exhibit A, promote the efficient and effective .management of stonnwater drainage, and shall inure to the benefit of all. the citizens of the City and its m.unicipal successors and assigns. References 'herein to the INC shall include subsequent amendments to such statutes and all successor statutes. 3,10 This Covenant shall run with the land and shall be binding upon the Owners as defined in Section 32 above, 3,11. This Covenant may be amended or terminated only with the advance express written consent of th.e City as determined pursuant to its discretion. EXECUTED AND EFFECTIVE as ofthe date last signed be. FOR GRANTOR: FOR GRANTEE: City of Tukwila Grantor Name Grantor Title Hari Ponnekanti Public Works Director DATE: NOTARY BLOCKS APPEAR ON FOLLOWING PAGE City of Tukwila Stormwater Maintenance Declaration of Covenant STATE OF WASHINGTON ss. COUNTY OF KING 14-t".4 (I V? ckci ,17 I certify that 1 know or have satisfactory evidence that ,-;)/ ' (",>5''n is the person who appeared before me, and said person acknowledged that sk4gned this instrument on behalf of the + and acknowledged it to be herds free and voluntary act for the uses and purposes mentioned in this instrument. 'C.. GivEN UNDER MY, HAND AND OFFICIAL SEAL this f--) day of , ,1) ion tiurnti. 243 Dalene B Qualls z-z (f) My Apinintment Expires 10119i2025 /,J W p,S„ \\\\\\\ S TA TE'OF. SHINGTON COUNTY OF KING Printed Namc NOTARY Pu131,C in and for residing at Z-t My Commission Expii' ss. f ngtoi ) . On this day personally appeared before me , to me known to be .the of' cn,"04,c13 of the CITY OF TUKWILA., a municipal coToration and noncharter code city with a council -mayor form of government organized pursuant to RCW Title 35A, that executed the foregoing instrument, and acknowledged such instrument to be her free and voluntary act and deed of said city for the uses and purposes 'therein mentioned, and on oath stated that s/he was duly authorized to execute such instrument. GIVEN UNDER MY HAM) AND OFFICIAL SEAL this 1' " day of Cooi -17 0 Tok e 0,4 2O629 9 .21 (C' 4 WAS,V" t City of Tukwila Stonnwater Maintenance Declaration of Covenant Printed Naine /114 A j ,11,44,1i,..:;• 5 NOTARY Pi ri3i IC in and for the State of Washington, residing at _AL) ,c) My Commission Expires -1//4; .1? /..") 7 ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) EXHIBIT "A" LEGAL DESCRIPTION rX.1-\1 PAT ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 1823978 C "r" Lot 2, City of "Tukwila Short Plat No. 89-9-SS, according to the short plat recorded under Recording Number 9010291038, records of King County, Washington; Situate in the County of King, State of Washington, THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON, FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES, STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. 'This page is only a part of a 2021 ALTA ° Commitment for Title insurance. This Commitment is not valid without the Notice,the Commitment to Issue Policy; the Commitment Conditions,' Schedule A; Schedule 8, Part 1 Requirements; and Schedule 8, Part II -Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic Term Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees, and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, File No.: 1823978 ALTA Commitment for Title Insurance Schedule A (07-01-2021) Page 3 of 9 City of Tukwila 11 X.1(41 yr Ur Department of Community Development ) e-- rti•v\ 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Inspection Scheduling: https://tukw-egov.aspgov.com/BP/index.html Fire Inspection Request Line: 206-575-4407 Web site: fittpill_www.TukwilaWA.g_ov COMBOSFR PERMIT Parcel No: 0040000607 Permit Number: D22-0146 Address: 14626 46TH AVE S Issue Date: 9/30/2022 Permit Expires On: 3/29/2023 Project Name: Singh Residence- New Single Family Home c. Owner: Name: HARINDER SINGH Address: , WA, Contact Person: Name: GARY SINGH Phone: (206) 244 1900 Address: 4642 5 146 yr , TUKWILA, Contractor: Name: OWNER AFFIDAVI r Phone: (206) 244-1900 Address: License No: Expiration Date: Lender: Name: N/A Address: DESCRIPTION OF WORK: New Single Family Home Project Valuation: $847,947.42 Type of Fire Protection: Sprinklers: YES Fire Alarm: Type of Construction: VB Electrical Service Provided by: Tukwila Fees Collected: $23,627.04 Occupancy per IBC: R-3 Water District: 125 Sewer District: Valley View Fees Collected: Electrical Service Provided by: Water District: Sewer District: Current Codes adopted by the City of Tukwila: '..I P-1 SITE PLAN P-2 CRAWL SPACE & FOUNDATION PLAN '... P-3 MAIN FLOOR PLAN P-4 TOP FLOOR PLAN P-5 ROOF PLAN '.. P-6 ELEVATIONS '.. P-7 ELEVATIONS ',. P-8 CROSS SECTION, DETAILS & WINDOW SCHEDULE P-9 STRUCTURAL & GENERAL NOTES P-10 STRUCTURAL & GENERAL NOTES P-11 STRUCTURAL & GENERAL NOTES NOTE, -HOUSE WILL BE SPRINKLERED AS PER CITY OF TUKWILA CODE -FIRE HYDRANT IS LOCATED 325 PER THE VEHICULAR TRAVEL DISTANCE FROM THE HOUSE � Lrzvora s¢� SITE PLAN SCALF aC,a(:F4.4 C°1 y ,1t d Ar.l F',C'1'c"!/ I'' 7 Maintenance Component ucture Defect or Problem Sediment Condition When Maintenance Is Needed Results Expected When alntenance is Performed Sediment exceeds 60% of the depth from the bottom of the catch basin to the Invert of the lowest pipe into or out of the catch basin or is within 6 Inches of the invert of the lowest pipe Into or out of the catch basin. lump of catch basin contains no ediment Trash and debris Trash or debris of more than cubic foot which Is located Immediately In front of the catch basin opening or Is blocking capacity of the catch basin by more than 10%. No Trash or debris blocking or potentially blocking entrance to catch basin. Trash or debris In the catch basin that exceeds 1/3 the depth from the bottom of basin to Invert the lowest pipe Into or out of the basin, No trash or debris In the catch basin. Dead animals or vegetation that could generate odors that could cause complaints or dangerous gases (e.g., methane). No dead animals or vegetation present within catch basin, Deposits of garbage exceeding 1 cubic foot In volume. No condition present which would attract or support the breeding of Insects or rodents. Damage to frame and/or top slab Comer of frame extends more than % Inch past curb face into the street (If applicable). ame is even with curb. Top slab has holes larger than 2 square inches or cracks wider than 1/. Inch. Top slab is free of holes and cracks. Frame not sitting flush on top slab, I.e., separation of more than % inch of the frame from the top slab. Frame is sitting flush on top slab. Cracks In walls or bottom Cracks wider than '% inch and longer than 3 feet, any evidence of soil particles entering catch basin through cracks, or maintenance person judges that catch basin is unsound. Catch basin Is sealed and is structurally sound. Cracks wider than 116 Inch and longer than 1 foot at the joint of any inlet/outlet plpe or any evidence of soli particles entering catch basin through cracks. No cracks more than 1/4 inch wide at the joint of inlet/outlet pipe. Settlement/ misalignment Catch basin has settled more than 1 Inch or has rotated more than 2 Inches out of alignment. Basin replaced or repaired to design standards. Damaged pipe joints Cracks wider than 1/4-inch at the joint of the iniet/outlet pipes or any evidence of soil entering the catch basin at the joint of the inlet/outlet pipes. No cracks more than Y.-inch wide at the joint of inlet/outlet pipes, Contaminants and pollufion Any evidence of contaminants or pollution such as oll, gasoline, concrete slurries or paint, Materials removed and disposed of according to applicable regulations. Source control BMPs implemented If appropriate. No contaminants present other than a surface oil film. Inlet/Outlet Pipe Sediment accumulation Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. Trash and debris Trash and debris accumulated In inlet/outlet pipes (includes floatattlos end non-Toatablest. No trash or debris In pipes. Damaged Cracks wider than 1/4-inch at the joint of the Inlet/outlet rapes or any evidonse of sell entering at the Joints of the'inlet/outilit pipes, No cracks more than 1/4-inch wide at the Joint of the iniethstitlei pipe. Metat Grates (Catch Basins) Unsafe grate openlng Grate with opening wider than 7/8 Inch. Grate opening meets design stanrjards. Trash and debris Trash and debris that is blocking more an 20% of grate surface. Greta free of trash and debris. footnote to guidelines for disposal Damaged or missing Grate missing or broken member(s) of the grate. Any open structure requires urgent maintenance. Grate is in place and meets design standards. Manhole Cover/Lld Cover/Iid not In place Cover/lid Is missing or only partially In place. Any open structure requires urgent malntenonce. Cover/lid protects opening to structure. LOcking mechanism Not Working Mechanism cannot be opened by one maintenance person with proper tools. Bolts cannot be seated. Self-locking coverllld does not work. Mechanism opens with proper tools, Cover/lid difficult to Remove One alntenance person cannot remove cover/1Id after applying 80 Iba. of lift. Cover/lid can be removed and reinstalled by one maintenance person. APPINIn A MAINTENANCE REQU1R1 MliN IS FOR FLOW CON I ROI , ('ON VI ,YANCE, AND WQ FACILITIES N - INFILTRATION FACILITIES Maintenance Component Defect or Problem Conditions When Maintenance Is Needed Results Expected When Maintenance Is Performed Site Trash and debris Any trash and debris which exceed 1 cubic foot per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size office garbage can), In general, there should be no visual evidence of dumping. Trash and debris cleared from site. Noxious weeds Any noxious or nuisance vegetation which may constitute a hazard to County personnel or the public. Noxious and nuisance vegetation removed according to applicable regulations. No danger of noxious vegetation where County personnel or the public might normally be. Contaminants and pollution Any evidence of contaminants or pollution such as oil, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Grass/groundcover Grass or groundcover exceeds 18 inches in height. Grass or groundcover mowed to a height no greater than 6 inches. Infiltration Pond, Top or Side Slopes of Dam, Berrn or Embankment Rodent holes Any evidence of rodent holes if facility is acting as a dam or berm, or any evidence of water piping through dam or berm via rodent holes. Rodents removed or destroyed and dam or berm repaired. Tree growth Tree growth threatens integrity of dams, berms or slopes, does not allow maintenance access, or interferes with maintenance activity. If trees are not a threat to dam, berm, or embankment integrity or not interfering with access or maintenance, they do not need to be removed. Trees do not hinder facility performance or maintenance activities. Eros on Eroded damage over 2 inches deep where cause of damage is still present or where there is potential for continued erosion. Any erosion observed on a compacted slope. Slopes stabilized using appropriate erosion control measures. If erosion is occurring on compacted slope, a licensed civil engineer should be consulted to resolve source of erosion. Settlement Any part of a dam, berm or embankment that has settled 4 inches lower than the design elevation. Top or side slope restored to design dimensions. If settlement is significant, a licensed civil engineer should be consulted to determine the cause of the settlement. Infiltration Pond, Tank, Vault, Trench, or Small Basin Storage Area Sediment accumulation If two inches or more sediment is present or a percolation test indicates facility is working at or less than 90% of design. Facility infiltrates as designed. Liner damaged (If Applicable) Liner is visible or pond does not hold water as designed. Liner repaired or replaced. Infiltration Tank Structure Plugged air vent Any blockage of the vent. Tank or vault freely vents. Tank bent out of shape Any part of tank/pipe is bent out of shape more than 10% of its design shape. Tank repaired or replaced to design. Gaps between sections, damaged joints or cracks or tears in wall A gap wider than 'A. -inch at the joint of any tank sections or any evidence of soil particles entering the tank at a joint or through a wall. No water or soil entering tank through joints or walls. Infiltration Vault Structure Damage to wall, frame, bottom, and/or top slab Cracks wider than 1A-inch, any evidence of soil entering the structure through cracks or qualified inspection personnel determines that the vault is not structurally sound. Vault is sealed and structurally sound. 2021 Surface Wuler Manual - Appendix A A-3 7/23/202 I A PPENIAX A NiArNTI;NiNICI; REQ1.111ZNIVIINTS FLOW CONTROL„ CONVEYANCE, AND. WQ FACILITH.,S NO. '2 , INFILTRATION' FACILITIES Maintenance Component Defect or Problem Conditions When Maintenance Is Needed Results Expected When Maintenance Is Performed Inlet/Outlet Pipes Sediment accumulation Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. Trash and debris Trash and debris accumulated in inlet/outlet pipes (includes floatables and non-floatables). No trash or debris in pipes. Damaged Cracks wider than %-inch at the joint of the inlet/outlet pipes or any evidence of soil entering at the joints of the inlet/outlet pipes. No cracks more than '/,-inch wide at the joint of the inlet/outlet pipe. Access Manhole Cover/lid not n place Cover/lid is missing or only partially in place. Any open manhole requires immediate maintenance. Manhole access covered. Locking mechanism not working Mechanism cannot be opened by one maintenance person with proper tools. Bolts cannot be seated. Self-locking cover/lid does not work. Mechanism opens with proper tools. Cover/lid difficult to remove One maintenance person cannot remove cover/lid after applying 80 lbs of lift. Cover/lid can be removed and reinstalled by one maintenance person. Ladder rungs unsafe Missing rungs, misalignment, rust, or cracks. Ladder meets design standards. Allows maintenance person safe access. Large access doors/plate Damaged or difficult to open Large access doors or plates cannot be opened/removed using normal equipment. Replace or repair access door so it can opened as designed. Gaps, doesn't cover completely Large access doors not flat and/or access opening not completely covered. Doors close flat; covers access opening completely. Lifting Rings missing, rusted Lifting rings not capable of lifting weight of door or plate. Lifting rings sufficient to lift or remove door or plate. Infiltration Pond, Tank, Vault, Trench, or Small Basin Filter Bags Plugged Filter bag more than 1/2 full. Replace filter bag or redesign system. Infiltration Pond, Tank, Vault, Trench, or Small Basin Pre - settling Ponds and Vaults Sediment accumulation 6" or more of sediment has accumulated. Pre -settling occurs as designed Infiltration Pond, Rock Filter Plugged High water level on upstream side of filter remains for extended period of time or little or no water flows through filter during heavy rain storms. Rock filter replaced evaluate need for filter and remove if not necessary. Infiltration Pond Emergency Overflow Spillway Rock missing Only one layer of rock exists above native soil in area five square feet or larger, or any exposure of native soil at the top of out flow path of spillway. Rip -rap on inside slopes need not be replaced. Spillway restored to design standards. Tree growth Tree growth impedes flow or threatens stability of spillway. Trees removed. 7/23/2021 A-4 2021 irface Water esign Manual.Appendix A