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HomeMy WebLinkAbout2016 - Declaration of Covenant for Maintenance and Inspection of Flow Control BMPS - Shaglaini Saranjeet / Johal Karnail- 20160420000570litUtIVtL APR 22 2016 Community Development RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: BRUCE S. MacVEIGH, P.E. 1245 59TH AVENUE S. TUKWILA, WA 98168 2016042000II 0570 JOHAL KARNAIL COV 82.00 PAGE-001 OF 010 04/20/2016 11:19 KING COUNTY, UA i DECLARATION OF COVENANT FOR MANTENANCE AND INSPECTION OF FLOW CONTROL BMPS GRANTOR: Saranjeet Singh Shaglani and Karnali S. Johal GRANTEE: City of Tukwila Legal Description: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. Additional Legal Descriptions: See Exhibit A Assessor's Tax Parcel No.: 734660-0128 IN CONSIDERATION of the approved City of Tukwila Short Subdivision Permit per Application No.: L16-0014 relating to the real property described above, and further described in Exhibit A, the Grantors hereby covenant with the City of Tukwila, that they will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the subject property. Grantors hereby grant, covenant and agree as follows: 1. Grantor and their successors in interest and assigns shall retain, uphold, and protect the stormwater management devices, features, pathways, limits and restrictions, known as Flow Control "Best Management Practices" (to be referred to as such, even if they are not in matter of fact the "best" practices available) or BMP's, shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit B. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and. Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit C. 3. The City of Tukwila shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 day, the Owners shall allow the City of Tukwila to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the City, the Owners may elect to engage a licensed Civil Engineer registered in the State of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the Engineer option is chosen, the Owners shall provide written notice to the City of Tukwila within fifteen days of receiving the City's Notice of Inspection. Within 30 days of giving this notice, the Owners, or the Engineer on behalf of the Owners, shall provide the Engineer's Report to the City. If the report is not provided in a timely manner as specified above, the City may inspect the BMPs without further notice. 4. If the City of Tukwila determines from its inspection, or from an Engineer's Report provided in accordance with the above Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, the City shall notify the Owners of the specific maintenance, repair, restoration and/or mitigation work required. The City sh: !I also set a reasonable deadline for completing the work or providing an Engineer's Report that verifies completion of the work. After the deadline has passed, the Owners shall allow the City access to re -inspect the BMPs unless an Engineer's Report has been provided verifying completion of the work. If the work is not completed properly within the time frame set by the City, the City may initiate an enforcement action. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from the City before performing any alterations or modification to the BMPs. 6. Any notice or approval required to be given by one party to the other under provisions of the Declaration of Covenant shall be effective upon personal delivery to the other party, or after three days from the date that the notice or approval is mailed with the delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of the City of'Tukwila. 8. This Declaration of Covenant may be terminated by the execution of a written agreement by the Owners and the City of Tukwila that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this day of Ai l.- , 20 I-4 GRANTOR, owner of the Property GRANTOR, owner of the Pr STATE OF WASHINGTON ) COUNTY OF KING )ss. • On this day pernonaliy aneared before me: 6` `vnJ-2' i 7Pz5h S 9')0t-"-+ to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this / day of * , 202e • kl- it �� P e- / Printed name Notary Public in and for the State of Washington, residing at M--- My appointment expires 4/) 4 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION THE EAST 155 FEET OF THE SOUTH 90 FEET OF LOT 2 IN BLOCK 4 OF RIVERTON ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME :11 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN NON --EXCLUSIVE EASEMENT FOR ACCESS AND UTILITIES OVER, UNDER, ACROSS AND UPON THE WEST 20 FEET OF THE EAST 95 FEET OF 'LOT 1, BLOCK 4, RIVERTON ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 100, IN KING COUNTY, WASHINGTON. EXHIBIT "B" SITE DRAINAGE PLAN ACCESS DRIVEWAY INFILTRATION TRENCH WITH CATCH BASINS existing wood fence S89'56'07"E 155.00' 0080,00'.. o 5• BSI3.L . 5' BSBL �80.00 _— S89'56'07"E existing wood fence. OL N 0 • 0 N O m 0 • 0 75.00 20.3' I c oye L L 5.9_ LOT--�—�I 6.750 sf t' 75.00' i 155.00' L —New Private 15' easement ) for Sanitary Sewer 'p r Existing House #2916 VJ ��' •' 091°,0 1 11 15.9 EXHIBIT "C" INFILTRATION TRENCH CATCH BASIN MAINTENANCE