Loading...
HomeMy WebLinkAbout2025 - Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPS - Apple Hospitality Tukwila 7648, LLC - 20250630000310Instrument Number: 20250630000310 Document:COV Rec: 5319.50 Page -1 of 17 Record Date:6/30/2025 10:52 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 BM PS REFERENCE NUMBER(S) OF RELATED DOCUMENTS: Additional reference numbers at page 2 of document. GRANTOR: Apple Hospitality Tukwila 7648, LLC GRANTEE: City of Tukwila, a Washington Municipal Corporation ABBREVIATED LEGAL DESCRIPTION: Lots 2 & 3 of the City of Tukwila short plat NO. 88 -1 -SS Full legal on page 5 of document. KING COUNTY TAX PARCEL NUMBER: 2954900460 Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -2 of 17 Record Date:6/30/2025 10:52 AM King County, WA DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS 1. Parties L l This Covenant for Inspection and Maintenance of Stormwater Facilities and Best Management Practices ("Covenant") is made by and between Apple Hospitality Tukwila 7648, LLC, as successor by conversion of Apple Eight SPE Tukwila, Inc., 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. 2.1 Grantor applied to City for issuance of PW24-0032 on 9/18/24 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 Tax Parcel No. 2954900460 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. PW24-0032 , Exhibit B. 2.42 Stormwater Facility/BMP Site Plan, Exhibit C. 2.4.3 Operations & 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 PW24-0032, the sufficiency and receipt of which are acknowledged, Grantor hereby irrevocably covenants as follows: 3.1 The foregoing Recitals and references to documents are incorporated as material terms of this Covenant. 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 the right of ingress and egress over those portions of the Property necessary to perform inspections of the stormwater facilities and BMPs 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, rig provided for in subsection 3.3ht to inspect, and right to perform required maintenance or repair shall be as .2 below. City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -3 of 17 Record Date:6/30/2025 10:52 AM King 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 "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 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 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 receipt requested, to the address listed below for that party: To Grantee: To Grantor: City Clerk Apple Hospitality Tukwila 7648, LLC City of Tukwila 814 E Main St 6200 Soutlicenter Blvd. Richmond, VA 23219-3306 Tukwila, WA 98188 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 be filed in King County Superior Court, King County, Washington, and the Parties consent to thejurisdiction 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 Storinwater- Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -4 of 17 Record Date:6/30/2025 10:52 AM King 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 defined in Section 3.2 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. E ECuTED; AND EFFECTIVE as of the date last signed below. FOR GRANTOR: Apple Hospitals y Tukwile 7618, LLC Matthew Rash. Manager DATE: - Y e ° ao t• FOR GRANTEE: City of Tukwila Public Works Director - DATE: NOTARY BLOCKS APPEAR ON FOLLOWING PACE City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -5 of 17 Record Date:6/30/2025 10:52 AM King County, WA l 6 hila— STATE il . STATI OF � T- N ,� Kj 'Z, C.,4, mahL ss. -C44UNT-y O G I certify that I know or have satisfactory° evidence that ftla*y �ask is the person who appeared before me, and said person acknowledged that s/he signed this instrument on behalfofthe AQQ4rG4 �triE and acknowledged it to be her/his free and voluntary act for the uses and purposes mentioned in thi i instrument. ivi-,N TJN D .tt MY I4AND AND OFFICIAL IAL SEAL this day of L-L-61- �, 200:P K, aym w4i)A- iatrl- dor°crnonwaatth oi virginis Printed Name �Uota an O vot • Notacy PljbftNo,rARY 1'UBLic in and for the State of Washiffgton,AMY Commission No� CB residing t Y mmr ssion Expus J My Commission Expires STATE. OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me Vdl 0(1 to me known to be the of the CITY OF Tt.TKW ,.A, a municipal corporation and noncharter code city with a council -mayor form of government organized pursuant to BCW 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 duty authorized to execute such instrument. Ctvz rr UNDER MY I-TANI) AND OFFICIAL SEAL this � day of \� n a . 202,E City of Tukwila Stormwater ]Maintenance Declaration of Covenant JMJA --- - -------- - ---- -1- 1 1 Printed Name No,rArty FtrLIC in and for the State of Washington, residing ate t4t-k&: My Commission xpires Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -6 of 17 Record Date:6/30/2025 10:52 AM King County, WA EXHIBIT A Legal Description of Property LOTS 2 AND 3 OF THE CITY OF TUKWILA SHORT PLAT NUMBER 88 -1 -SS, RECORDED UNDER RECORDING NUMBER 8807210416, SAID SHORT PLAT BEING A SUBDIVISION OF PARCEL 3 OF CITY OF TUKWILA SHORT PLAT NUMBER 79 -7 -SS, RECORDED UNDER RECORDING NUMBER 7908210370, IN SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON SAID CITY OF TUKWILA SHORT PLAN NUMBER 88 -1 -SS. City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -7 of 17 Record Date:6/30/2025 10:52 AM King County, WA City of Tukwila Stortu ater• Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -8 of 17 Record Date:6/30/2025 10:52 AM King County, WA PUBLIC WORKS CONSTRUCTION PERMIT Parcel No: 2954900460 Permit Number: PW24-0032 Address: 6955 FORT DENT WAY COMPLEX Issue Date: 9/18/2024 Permit Expires On: 3/17/2025 Project Name: Homewood Suites Owner: Name: Apple Hospitality Tukwila 7648 LLC Address: 814 E Main St, Richmond, WA, 23219 Contact Person: Name: Schwin Chaosilapakul PE Phone: (206) 674-4659 Address: 14900 Interurban Ave S 279 , Seattle, WA, 98168 Contractor: Name: T A C C CONST SERVICES INC Phone: Address: 1115 E CEDAR AVENUE, MONTESANO, WA, 98563 License No: TCCCOCS855DP Expiration Date: 8/13/2025 DESCRIPTION OF WORK: The project is to install new roof and footing drainage systems for Building A (West) and the northwest portion of Building A (South). The new drainage systems will connect to existing drainage systems in two locations as shown on plan. Removal of existing landscaping around Building A (West) is required for installation of new drainage systems. Landscaping to be replaced with rock and new planting per Landscape Plan. Removal and replacement of sidewalk is required is required for installation of new drainage systems. Fees Collected: $7,746.70 Electrical Service Provided by: Puget Sound Energy Water District: Tukwila Sewer District: Tukwila Public Works Activities���N����o���� Channelization/Striping: Curb Cut/Access/Sidewalk: Fire Loop Hydrant: Flood Control Zone: Hauling/Oversize Load: Land Altering: Volumes: Cut: 310 Fill: 310 Landscape Irrigation: Sanitary Side Sewer: Number: 0 Sewer Main Extension: PRIVATE Storm Drainage: Street Use: Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -9 of 17 Record Date:6/30/2025 10:52 AM King County, WA Water Main Extension: Water Meter: No All provisions of law and ordinances governing this work will be complied with, whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local laws regulating construction or the performance of work. This permit shall become null and void if the work is not commenced within 180 days for the date of issuance, or if the work is suspended or abandoned for a period of 180 days from the last inspection. PERMIT CONDITIONS: 1: Schedule mandatory pre -construction meeting with the Public Works Inspector, https://tukw- egov.aspgov.com/BP/index.htmi. Any questions please call 206-431-3670. 2: The applicant or contractor must notify the Public Works Inspector at https://tukw- egov.aspgov.com/BP/index.htmi upon commencement and completion of work at least 24 hours in advance. All inspection requests for utility work must also be made 24 hours in advance. Any questions please call 206-431-3670. 3: Prior to construction, all utilities in the vicinity shall be field located. NOTE: For City of Tukwila utility locates, call 811 or 1-800-424-5555. 4: Permit is valid between the weekday hours of 7:00 a.m. and 5:00 p.m. only. Coordinate with the Public Works Inspector for any work after 5:00 p.m. and weekends. 5: No work under this permit during weekend hours without prior approval by Public Works. Coordinate with the Public Works Inspector. 6: Temporary erosion control measures shall be implemented as the first order of business to prevent sedimentation off-site or into existing drainage facilities per Appendix D of the 2021 KCSWDM. 7: From May 1 through September 30, inspect and maintain temporary erosion prevention and sediment at least monthly. All disturbed areas of the site shall be permanently stabilized prior to final construction approval. 8: It is strongly recommended that storm drainage designs be prepared and stamped by a Washington State licensed engineer. Otherwise, the owner assumes liability for the design and any subsequent related damages. 9: Downspouts, driveway, patio and drainage from other impervious areas shall be collected in an on-site storm drain system. Drains shall be 4" minimum diameter, PVC schedule 40 or corrugated poly ethylene pipe with a minimum 1% slope for gravity discharge to location approved by the Public Works Department. Downspouts shall not connect to footing drains. Footing drain and downspouts may share a single discharge pipe downstream of the lowest footing drain. 10: Install yard drain(s) and perforated pipe along the driveway, as necessary to prevent on-site ponding of storm water runoff. 11: The property owner is responsible for the maintenance of its storm drainage system and, for this purpose, shall have a maintenance plan in place and the responsibility for maintenance assigned prior to Public Works final. 12: From October 1 through April 30, cover any slopes and stockpiles that are 3H:1V or steeper and have a vertical rise of 10 feet or more and will be unworked for greater than 12 hours. During this time period, cover or mulch other disturbed areas, if they will be unworked more than 2 days. Covered material must be stockpiled on site at the beginning of this period. Inspect and maintain this stabilization weekly and immediately before, during and following storms. 13: PVC - A maximum slope of 200% is allowed for these pipe materials with no joints (one section), with structures at each end, and with proper grouting. Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -10 of 17 Record Date:6/30/2025 10:52 AM King County, WA PERMIT INSPECTIONS REQUIRED EROSION MEASURES PAVING AND RESTORE PLANTING INSPECTION PUBLIC WORKS FINAL PUBLIC WORKS PRE -CON STORM DRAINAGE Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -11 of 17 Record Date:6/30/2025 10:52 AM King County, WA EXHIBIT C Stormwater Facility/BMP Site Plan [attacheCI] City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -12 of 17 Record Date:6/30/2025 10:52 AM King County, WA Storrniwater Facility/BMI" Site Plard Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page-13 of 17 Record Date:6/30/2025 10:52 AM King County, WA EXHIBIT D Operations & Maintenance Plan with Schedule [attached] City of Tukwila Stormwater Maintenance Declaration of Covenant Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -14 of 17 Record Date:6/30/2025 10:52 AM King County, WA NO. , - CATCH 'BASINS AND MANHOLES Maintenance Defect or Problem Condition When Maintenance is Needed Results Expected When Component Maintenance is Performed Structure Sediment Sediment exceeds 60°l of the depth from the Sump of catch basin contains no bottom of the catch basin to the invert of the sediment, i lowest pipe into or out of the catch basin or is within 6 inches of the invert of the kwv,est pipe into or out of the catch basin. Trash and debris Trash or debris of more than % cubic foot which No Trash or debris blocking or is located immediately in front of tho catch basin potentially blocking entrance to opening or is blocking capacity of the catch basin catch basin. by more than 10%. Trash or debris in the catch basin that exceeds No trash or debris in the catch basin. '13 the depth from the bottom of basin to invert the lowest pipe into or out of the basin. Dead animals or vegetation that could generate No dead animals or vegetation odors that could cause complaints or dangerous present within catch basin - gases (e.g.. methane). Deposits of garbage exceeding 1 cubic foot in No condition present which would volume_ attract or support the breeding of insects or rodents. Damage to frame Corner of frame extends more than Y. inch past Frame is even with curb. and/or top slab curb face into the street (If applicable), Top slab is free of holes and cracks_ Top slab has holes larger than 2 square inches or cracks wider than !, inch. Frame not sitting flush on top slab. i.e., Frame is sitting flush on top slab. separation of more than •y. inch of the frame from the top slab. Cracks in walls or Cracks snider than '/- 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 '.%• inch and longer than i foot No cracks more than 11, inch wide at at the joint of any inletioutlet pipe or any evidence the joint of inielfoutlet pipe. of soil particles entering catch basin through cracks. Settlement! Catch basin has settled more than 1 inch or has E%asin replaced or repaired to design misalignment rotated more than 2 inches out of alignment, standards. Damaged pipe joints Cracks snider than 52 -inch al the joint of the No cracks more than '/.-inch wide at inletioullet pipes or any evidence of soil entering the joint of inlelJoutlet pipes. the catch basin at the joint of the inlet/outlet pipes. Contaminants and Any evidence of contaminants orpollution such Materials removed and disposed of pollution as oil, gasoline, concrete slurries or paint. according to applicable regulations. Source control ®MPs implemented if appropriate. No contaminants present other than a surface oil film. Inlet/Outlet Pipe Sediment Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. accumulation Trash and debris Trash and debris accumulated in inletfoutlet No trash or debris in pipes. pipes (includes floatables and non-floatables). Damaged _ Cracks wider than Y•inch at the joint of the No cracks more than %-inch wide at inletloutlet pipes or any evidence of soil entering the joint of the inleVoutlet pipe. at the joints of the Inletloutict pipes. Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -15 of 17 Record Date:6/30/2025 10:52 AM King County, WA NO: 5 - CATCH BASINS AND MANHOLES Maintenance Defect or Problem Condition When Maintenance is Needed Results Expected When Component Maintenance is Performed Metal Grates Llusafe grate opening Grate with opening wider than 'A inch. Grate opening meets design (Catch Basins) standards. Trash and debris Trash and debris that is blocking more than 20% Grate free o' trash and debris. of grate surface. Damaged or missing Grate missing or broken member(s) of the grate. Grate is in place and meets design Any open structure requires urgent standards. maintenance. Manhole Cover/Lid Coverllid not in place Cover{6d is missing or only partially in place. Coverllid protects opening to Any open structure requires urgent structure. maintenance. Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper tools. Not Working maintenance person with proper tools. Bolts cannot be seated. Self-locking cover.4id does not work. Coven9ld difficult to One maintenance person cannot remove Coverllid can he removed and Remove cover/lid after applying 80 lbs. of lift, reinstalled by one maintenance person. Instrument Number: 20250630000310 Document:COV Rec: $319.50 Page -16 of 17 Record Date:6/30/2025 10:52 AM King County, WA NO.6 — CONVEYANCE PIPES AND DITCHES Maintenance Defect or Problem Conditions When Maintenance is Needed Results Expected When Component Maintenance is Performed Pipes Sediment & debris AcCUntulated sediment or debris that exceeds Water flows freely through pipes. accumulation 201/, of the diameter of the pipe. Vegetationiroots Vegetationlrools that reduce free movement of Water flows freely through pipes. water through pipes. Contaminants and Any evidence of contaminants or pollution such Materials removed and disposed of pollution as oil, gasoline, concroto slurries or paint, according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Damage to protective Protective coating is damaged; rust or corrosion Pipe repairers or replaced. coating or corrosion is weakening the structural integrity of any part of pipe. Damaged Any dent that decreases the cross section area of Pipe repaired or replaced. pipe by more than 20°I 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 Dilch cleanedliBushed of all sediment accumulation design depth. and debris so that it matches design. Noxious woods 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 Materials removed and disposed of pollution as oil, gasoline, concrete slurries or paint. according to applicable regulations. Source control BMPs implemented if appropriate. Nocontaminanls present other than a surface oil film. Vegetation Vegetation that reduces free movement of water 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 rock exists 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: 20250630000310 Document:COV Rec: $319.50 Page -17 of 17 Record Date:6/30/2025 10:52 AM King County, WA N4 24 -CATCH BASIN INSERT Maintenance Defect or Problem Conditions When Maintenance is Needed Results Expected When Component Maintenance is Performed Media Insert Visible Oii Visible oil sheen passing through media Media inset replaced. Insert does not Fit Flow gets into catch basin without going through Al flour goes through media. catch basin properly media. Filter media plugged Filter media plugged. Floor through filter media is normal. Oil absorbent media Media oil saturated. Oil absorbent media replaced. saturated Water saturated Catch basin insert is saturated with water, which Insert replaced. no longer has the capacity to absorb. Service lire exceeded Regular interval replacement due to typical Media replaced at manufacturers average life of media insert product, typically one recommended interval. month. Seasonal When storms occur and during the %vot season. Remove, clean and replace or install maintenance new insert after major storms, monthly during the wet season or at manufacturer's recommended interval.