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HomeMy WebLinkAbout2024 - Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS - Kohli Custom Home LLC / City of Tukwila - 20241021000980Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -1 of 17 Record Date:10/21/2024 2:19 PM Electronically Recorded King County, WA After Recording Return to: city Clerk - City of Tukwila Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -2 of 17 Record Date:10/21/2024 2:19 PM King County, WA WRX-SwItf 1.1 1his Covenant for Inspection and Maintenance of Stormwater Facilities and Best Manaizement Practices 'Covenant" isma e rand between Kohli Custom Homes LLC a s,,, Girantor. and the llil!ilil INE IN 1111! 1 1 1 1,1111 1 I'll aau�� 2.2 Pursuant to'TMC 14.30.060, application for and issuance of such permit requires the property owner to enter into this Covenant. 2.3 The subject of the Covenant is the real property located in King County, Washington, bearing King County T' Parcel No. 5379800620 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. PVV22-0168, Exhibit B. 2.4.2 Stormwater Facility/13MP Site Plan, Exhibit C. 2.4.3 Onerations & Maintenance Plan includiner schedule. Exhibit D. 3, Terms of Agreement 141111101111 31 FEW consiacration mcluaing approval ana Issuance Or t -Aly Or I ukwna Pe—rmjt the sufficiency and receipt of which are acknowledge(L Grantor hereby irrevocably covenants as follows: 3.1 The foregoing Recitals and references to documents are incorporated as material terms of this Covenant . the stormwater facilities and best management practices ("BMPs") located on the Property pursuant to the schedule within the Operations & Maintenance Plan. 3.3 'fhe obligations required under Section 3.2 above shall be taken consistent the following - 3.3.1 The City shall have the right of ingress and egress over those portions of the Property necessary to perform inspections of the stormwater facilities and l3MPs and conduct other activities specified in this Declaration of Covenant and in accordance with Tukwila Municipal 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 Tuk-wila Page 1 Stormwater Maintenance Declaration of Covenant Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -3 of 17 Record Date:10/21/2024 2:19 PM Mug County, WA 3.3.2 If the City determines that maintenance or repair work is required to be done to any of the stormwater facilities or BMPs, the Director of Public Works or designee (the "Directoe) shall give notice of the specific maintenance and/or repair work required pursuant to TMC 14.30.080. The Director shall also seta 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 andlor repair work will begin immediately. 3.4 If at any time the City reasonably determines that a stormwater facility or BNIP on the Property presents an imminent hazard, 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 akv 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 to 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 1andscape maintenance such as replacement of plants and pretreatment mulch) in open vegetated storniNvater facilities (such as swalcs, 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 Owners 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 receipt requested, to the address listed below for that party: To C jrantee, Clran r: City Clerk . Kohli Custom Homes, LLC Cit), of Tukwila 16725 46TH LN S 6200 Southcenter Blvd. SEATAC WA 981,88 Tukwila, WA 98188 3.8 With regard to the matters addressed herein, this Covenant constitutes the entire agreement between the i ,ECcments wbtso-enzrx w et er ,Uarties, and sui2j�rscdcs all plior dis�u�sions, ng,2otiations. and all ae 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 Page 2 Stormwater Maintenance Declaration of Covenant Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -4 of 17 Record Date:10/21/2024 2:19 I'M Mug County, WA 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 stormwater drainage, and shall inure to the benefit of all the citizens of the City and its municipal successors and assigns. References herein to the TMC 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 def" ed in Section 32 above. 3.11 This Covenant may be amended or terminated only with the advance express written consent of the City as determined pursuant to its discretion. EXECUTE, D AND ECTWE as of the date last signed below. Kohli Custom -Homes LLC Owner DATE: Oji FOR GRAMML olow" f Public Works Director DATE: NOTARY BLOCKS APPEAR ON FOLLOWING PAGE City of Tukwila to water Maintenance Declaration of Covenant am Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -5 of 11 Record Date:1012112024 2:19 PM King County, WA GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of T,7, rtv 7�'`..,.. No`rARY Ptrtt't IC in ani -Kar the�St-ate of '+'ashjngtpn, residing at °9 "l w i My C,oininissiaii I�°°spires .., STATE OF WASHI.NGTON �s. COUNTY OF KING On this slay personally, ap before me Ju, to ani: knowm to be the _ _ mmmm ' m of the Crry t1F" ii kid T[ A, a municipal corporation and noncharar code s ity w� ith a council -mayor :form of gowaenmient organized pursuant to IZt;'W Title 35A, that executed the foregoing instrument, and acknowledged such instrument to be her five and voluntary act and steed of said city for tfie uses and P xses therein mentioned, and on oath stated that s/he was duly authorized to execute such instrurne;nt,. GIVEN UNDEh. MY HAND AND OFFICIAL SEAT, this day of � 21121 , ,say ' 206201 °r 4tia tedNane �r „ r NOTARY PUBLIC in and for the State of Washington, residing at ° V My Commission I ,xpires City of Tukwila Maga, 4 4tormwater Maintenance Declaration ofCovenant Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -6 of 17 Record Date:10/21/2024 2:19 I'M Mug County, WA BEGIN AT A POINT ON THE NORTH LINE OF SECTION 27, TOWNSHIP 23 NORTH OF RANGE 4 E. W.M., A DISTANTNORTH 89059'10" WEST 20(36.10 FEETFROM THE NORTHEAST CORNER OF SAID SECTION 27; RUNTHENCE SOUTH OQ15'50" LAST 610.80 FEET TO THETRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 0015'50" EAST 580.80 FEET; THENCE NORTH 8905910" WEST 75 FEET; THENCE NORTH 0015'50" WEST 580.80 FEET; THE, NICE SOUTH 89059'10" EAST 75 FEET TO POINT OF BEGINNING, BEING THE EAST HALF Cif` MQCT 35, BLOCK 5 OF MCMICKEN HEIGHTS DIVISION NO. 2, AN UNRECORDED PLAT. LESS MCMICKEN HEIGHTS DIVISION' #2. UNRE CORDED VALUE OF UNDEEDED STREETS AND ALLEYS INC. IN ADJACENT LOT' VALUE WEST 1/2 LESS NORTH 290.4 FEET. SIMATE IN THE COUNTY OF KING, STATE OFWASHINGTON City of Tukwila Page 5 Sty water Maintenance Declaration of Covenant Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -7 of 17 Record Date:10/21/2024 2:19 PM King County, WA Permit Permit # PW22-0168 on Me with the City of Tukwila City ofTukwila Page 6 Stormwater Maintenance Declaration of Covenant Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -8 of 17 Record Date:10/21/2024 2:19 PM King County, WA Stormwater Facility/BNW Site Plan City of Iiia Page 7 Sia water Maintenance Declaration of Covenant Instrument Numbem20241021000980 Ooume tCOV R c$319.50Pae9«!7 Record Oke10/21204219PM Mu County, WA = . p>. . . .. . .. . ... 2 �� . Instrument Number: 20241021000980 Document:COV Rec: $319.50 Page -10 of 17 Record Date:10/21/2024 2:19 PM King County, WA City of Tukwila Page: 8 Sty water Maintenance Declaration of Covenant Instrument Number: 20241021000980 Document:COV Rec: 5319.50 Page -11 of 17 Record Date:1012112024 2:19 PM King County, WA constitute a hazard to County person nelor the public. removed accordingto applicable regulations. No danger of noxious vegetation where County personnel orthe public might normally be. Contaminants and Any evidence of contaminants or pollution such as Materials removed and disposed of pollution oil,gasoline, concrete slurries or paint. accordingto applicable regulations. Source control BMPs implemented if appropriate. No contaminants present otherthan a surface oilfilm. Grasslgrou In d cover Grass orgroundcover exceeds 18 inches in height. Grass or groundcover mowed to a height no greaterthan6 inches. Infiltration Pond, Top or Rodent holes Any evidence of rodent holes if facility is acting as a Rodents removed or destroyed and dam Side Slopes of Dam, dam or berm, or any evidence ofwater pipingthrough or berm repaired. Berm or Embankment dam or berm via rodent holes. Tree growth Tree growth threatens integrity of dams, berms or Trees do not hinder facility performance slopes, does not allow maintenance access, or or maintenance activities. interferes with maintenance activity. If trees are not a threal to dam, berm, or embankment integrity or not interferingwith access or maintenance, they do not need to be removed. Erosion Eroded damage over 2 inches deep where cause of Slopes stabilized using appropriate damage is still present orwhere there is potentialfor erosion control measures. if erosion is continued erosion. Any erosion observed on a occurring on compacted slope, a licensed compacted slope. civil engineer should be consulted to resolve source of erosion. Settlement Any part of a dam, berm or embankment that has Top or side slope restored to design settled 4 inches lowerthan the design elevation. dimensions. If settlement Is significant, a licensed civil engineer should be consulted to determine the cause of the settlement. Infiltration Pond, Tank, Sediment Iftwo inches or more sediment is present ora Facility infiltrates as designed. Vault, Trench, orSmall accumulation percolation test Indicates facility is working at orless Basin Storage Area than 90% ofdesign. Cmerdamaged Linerisvisible orpond does not hold wateras Liner repaired or replaced. (If Applicable) designed. Infiltration Tank Plugged air vent Anyblockage ofthe vent. Tank or vauttfreely vents. Structure Tank bent out of Anypart oftar ipe is bent out of shape more than Tank repaired or replaced to design. shape 10% of its design shape. Gaps between Agap wider than! -inch at the joint of any tank No water or soil entering tank th rough sections, damaged sections or any evidence of soil particles enteringthe joints orwalls. joints or cracks or tank at a joint or through a wall. tears in wall Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -12 of 17 Record Date:1012112024 2:19 PM King County, WA inletloutletp' ipes or any evidence of sol Lente ring at joint of the inletloutlet pipe. the joints of the inletloutlet pipes. Access Manhole Cover/lid not In CoverAld is missing or only partially In place. Any Manhole access covered. place open manhole requires immediate maintenance. Locking mechanism Mechanism cannot be opened by one maintenance Mechanism opens with propertools. not working person with propertools. Bolts cannot be seated. Self - Locking cover/lid does not work. Cover/lid difficultto One maintenance person cannot remove cover/lid Cover/lid can be removed and reinstalled remove after applying80 lbs of lift. by one maintenance person. Ladder rungs unsafe Missing rungs, misalignment, rust, orcracks. Ladder meets design standards. Allows maintenance person safe access. Large access Damaged or difficult Large access doors or plates cannot be Replace or repair access door so it can doors/plate to open opened/removed using normal equipment. opened as designed. Gaps, doesn't cover Large access doors notflat and/or access opening Doors close flat; covers access opening completely not completely covered. completely. Lifting Rings Lifting rings not capable oftifting weight of door or Lifting rings sufficient to lift or remove missing, rusted plate. door or plate. Infiltration Pond, Plugged Filter bagmorethan 1 l2fult. Replacefilter bag orredesign system. Tank, Vault, Trench, or Small Basin Filter Bags Infiltration Pond, Tank, Sediment 6" ormore ofsedlment has accumulated. Pre -settling occurs as designed Vault, Trench, orSmall accumulation Basin Presettling Ponds and Vaults Infiltration Pond, Rack Plugged High water level on upstream side of filter remains for RockfiLter replaced evaluate need for Filter extended period of time or little or no water flows filter and remove if not necessary through filter during heavy rain storms. Infiltration Pond Rock missing Only one Layer of rock exists above native soil in area Spillway restored to design standards. Emergency Overflow five square feet or Larger, or any exposure of native Spillway sort at the top of out flow path of spillway. Rip -rap on inside slopes need not be replaced. Tree growth Tree growth impedes flow or threatens stability of Trees removed. spillway. Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -13 of 17 Record Date:1012112024 2:19 PM King County, WA ._.--- ._........._...._.............._ ... __... opening or is blocking capacity of the catch basin by b_..... _. catch basin. more than 10%. Trash or debris in the catch basin that exceeds No trash or debris in the catch basin. 1t3 the depth from the bottom of basin to Invert the lowest pipe into or out of the basin. Dead animals orvegetatlon that could generate No dead animals or vegetation odors that could cause complaints or dangerous gases presentwithin catch basin. (e.g., methane). Deposits of garbage exceeding l cubicfoot in No condition presentwhich would volume. attract orsupportthe breeding of insects or rodents. Damage toframe Corner of frame extends more than'/, inch past Frame is even with curb. and/or top slab curb face into the street (If applicable). Top slab has holes larger than 2 square Inches or Top slab is free of holes and cracks. cracks wider than % inch. Frame not sitting flush on top slab, i.e., Frame is sitting flush on top slab. separation of more than A inch of the frame from the top slab. Cracks in walls or Cracks wider than 1/ inch and longer than 3 feet, Catch basin is sealed and is bottom any evidence of soil particles entering catch structurally sound. basin through cracks, or maintenance person judges that catch basin is unsound. Cracks wider than 1/2 Inch and longer than l foot No cracks more than 114 Inch wide at at the joint of any inlet/outlet pipe or any evidence of the joint of inlet/outlet pipe. soil particles entering catch basin throughcracks. Settlement] Catch basin has settled more than 1 Inch or has Basin replaced or repaired to design misalignment rotated more than 2 inches out of alignment. standards. Damaged pipe joints Cracks wider than'h-Inch at the joint of the No cracks more than''/, -inch wide at inlet/outlet pipes or any evidence of soil entering the joint of inlet/outlet pipes. the catch basin at the joint of the Inlet/outlet pipes. Contaminants and Any evidence of contaminants or pollution such Materials removed and disposed of pollution as oil,gasoline, concrete slurries or paint. according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Inlet/Outlet Pipes Sediment accumulation Sediment filling 20% or more of the pipe. Inletioutlet pipes clear of sediment. Trash and debris Trash and debris accumulated in inlettoutlet pipes No trash or debris in pipes. (includes floatables and non-floatables). Damaged Cracks wider than '/,-inch at the joint of the inlet/outlet No cracks more than N -inch wide at the pipes or any evidence of soil entering at the joints of the joint of the inlet/outlet pipe, inlet/outlet pipes. Metal Grates (Catch Unsafe grate opening Gratewith openingwider than 7/8 inch. Grateopeningmeetsdesign Basins) standards. Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -14 of 17 Record Date:1012112024 2:19 PM King County, WA cannot be seated. Self-locking cove Mid does not work. Cover/lid difficult to One maintenance person cannot remove Cover/lid can be removed and Remove cover/lid after applying SO lbs. of lift. reinstalled by one maintenance person. Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -15 of 17 Record Date:1012112024 2:19 PM King County, WA Source control BMPs implemented if appropriate. No contaminants present other than a surface oft film. Damage to protective Protective coating is damaged; rust or corrosion Pipe repaired or replaced. coating or corrosion isweakening the structural integrity of any part of pipe. Damaged Any dent that decreases the cross section area of pipe Pipe repaired or replaced. by more than 20% or is determined to have weakened structural integrity of the pipe. Ditches Trash and debris Trash and debris exceeds 1 cubic foot per 1,000 Trash and debris cleared from square feet of ditch and slopes. ditches. Sediment Accumulated sediment that exceeds 20% of the Ditch cleaned/flushed of all sediment accumulation design depth. and debris so that it matches design. Noxiousweeds Any noxious or nuisance vegetation which may Noxious and nuisance vegetation constitute a hazard to County personnel or the removed according to applicable public. regulations. No danger of noxious vegetation where County personnel or the public might normally be. Contaminants and Any evidence of contaminants or pollution such as oil, Materials removed and disposed of pollution gasoline, concrete slurries or paint. accordingto applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oft film. Vegetation Vegetation that reducesfree movement ofwater Water flows freely through ditches. through ditches. Erosion damage to Any erosion observed on a ditch slope. Slopes are not eroding. slopes Rock lining out of One layer or less of rockexists above native soil Replace rocks to design standards. place or missing (If area 5 square feet or more, any exposed native Applicable) soil. Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -16 of 17 Record Date:1012112024 2:19 PM King County, WA Source control BMPs implemented if appropriate. No contaminants present other than a surface oft film. Blocked roadway Any obstruction which reduces clearance above Roadway overhead clear to 14feet road surface to less than 14 feet. high. Any obstruction restricting the access to a 10 -to At least 12 -foot ofwidth on access 12 footwidth for a distance of more than 12feet road. or any point restricting access to less than a 10 Road Surface Erosion, settlement, Any surface defectwhich hinders or prevents Road drivable by maintenance potholes, soft spots, maintenance access. vehicles. ruts Vegetation on road Trees or other vegetation prevent access to Maintenance vehicles can access surface facility by maintenance vehicles. facility. Shoulders and Ditches Erosion Erosionwithin 1 foot of the roadway more than 8 Shoulderfree of erosion and inches wide and 6 inches deep. matching the surrounding road. Weeds and brush Weeds and brush exceed l8 inches in height or Weeds and brush cutto 2 inches in hinder maintenance access. height or cleared in such away as to allow maintenance access. Modular Grid Pavement Contaminants and Any evidence of contaminants or pollution such as oil, Materials removed and disposed of pollution gasoline, concrete slurries or paint. accordingto applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Damaged or missing Access surface compacted because of broken on Access road surface restored so missing modular block road infiltrates. Instrument Number: 20241021000980 Document: COV Rec: 5319.50 Page -17 of 17 Record Date:1012112024 2:19 PM King County, WA Vegetation/roots Vegetation/roots that reduce free movement of Water flows freely through pipes. water through pipes. Plugged Sediment or other material prevents free flow of Water flows freely through pipes. water through the pipe. Broken or joint leaks. Damage to the pipe or pipe joints allowing water Pipe does not allowwater to exit to seep out. other than at the outlet to the trench. Vegetation on road Trees or other vegetation prevent access to Maintenance vehicles can access surface facility by maintenance vehicles. facility. Structure Flow not reaching Flows are not getting into the trench as designed. Water enters and exits trench as trench designed. Cleanout/inspection The cleanouttinspection access is not available. Cleanout/inspection access is access does not allow available. cleaning or inspection of trench Filter Media Filter media plugged Filter media plugged. Flow through filter mediaisnormal. Inspection Frequency Annually and prior to and following significant Inspect infiltration trench system for storms. any defects of deficiencies.