HomeMy WebLinkAboutL_Declaration_of_Covenant_20230110_v3Return Address:
City Clerk's Office
City of Renton
1055 S GradY WaY
Renton, WA 98057
DECLARATION OF COVENANT
FOR INSPECTION
ON-SITE BMPS
AND MAINTENANCE OF DRAINAGE FACILITIES AND
Grantor:
Grantee:
Jaswinder
ashi municiitv of Ren
Legai DescriPtion:CITNISTTIIE RIDGE 2 TGW UND 1/19 INT IN TR A
Assessor's Tax Parcel tO+: 157108-0050
lN CONSf DERATION of the approved City of Renton (checkoneof thefollowins)
for Permit(s)
{,,property") described above, the Grantor(s), the owner(s) in fee of that Property, hereby
covenants (covenant) with the City of Renton ("City of Renton" or "City"), a municipai corporaiion
of the state of Washington, that he/she (they) will observe, consent to, and abide by the conditions
and obligations set forth and described in Paragraphs 1 through 9 below with regard to the
property, and hereby grants (grant) an easement as described in Paragraphs 2 and 3' Grantr:r(s)
hereby grants (grant), covenants (covenant), and agrees (agree) as follows:
L. The Grantor(s) or his/her (their) successors in interest and assigns ("owners ") shall at their own
cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed
asrequiredintheapprovedconstructionp|ansandspecifications.------.-(Project
ptan #) onfile with the City of Renton and submitted to the City of Renton for the review and
approval of Perrnit(s)
property's drainage racit'tti*, are shownind/or listed on Exhibit A - Site Plan' The Property's
drainage facilities shali be maintained in compliance with the operation and maintenance
schedule included and attached herein as Exhibit B - operations and Maintenance. Drainage
facilities include pipes, channels, flow control facilities, water quality facilities' on-site best
management practices (BMps) and other engineered siructures designed to manage and/or
[l nesidential Building Permit
f!CIearlng and Grading Permit
I Commercial Building Permit
flcivit Construction or Utility Permit
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R-4032
U13001069
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treat stormwater on the Property. On-site BMPs include dispersion and infiltration devices,
bioretention, permeable pavements, rainwater harvesting systems, tree retention credit,
reduced impervious surface footprint, vegetated roofs and other measures designed to mimic
pre-developed hydrology and minimize stormwater runoff on the Property.
City of Renton shall have the right to ingress and egress over those portions of the Property
necessary to perform inspections of the stormwater facilities and BMPs and conduct
maintenance activities specified in this Declaration of Covenant and in accordance with the
Renton Municipal Code. City of Renton shall provide at least thirty (30) days' written notice to
the Owners that entry on the Property is planned forthe inspection of drainage facilities. After
the thirty (30) days, the Owners shall allow the City of Renton to enter for the sole purpose of
inspecting drainage facilities. 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 drainage facilities and provide a written report describing their condition. lf the
engineer option is chosen, the Owners shall provide written notice to the City of Renton within
fifteen (15) days of receiving the City's notice of inspection. Within thirty (30) days of giving this
notice, the Owners, or engineer on behalf of the Owners, shall provide the engineer's report to
the City of Renton. lf the report is not provided in a timely manner as specified above, the City
of Renton may inspect the drainage facilities without further notice.
lf City of Renton determines from its inspection, or from an engineer's report prcvided in
accordance with Paragraph 2, that maintenance, repair, restoration, and/or mitigation work is
required to be done to any of the drainage facilities, City of Renton shall notify the Owners of
the specific maintenance, repair, restoration, and/or mitigation work ("Work") required
pursuant to the Renton Municipal Code. The City shall also set a reasonable deadline for the
Owners to complete the Work, or to provide 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 drainage facilities unless an engineer's report has been provided verifying completion of
the Work. lf the Work is not completed within the time frame set by the City, the City may
initiate an enforcement action and/or perform the Work and hereby is given access to the
Property for such purposes. Written notice will be sent to the Owners 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. lf, within the sole discretion of the City, there exists an imminent or
present danger, the seven (7) day notice period will be waived and Work will begin
lmmediately.
The Owners shall assume all responsibility for the cost of any Work, or any measures taken by
the City to address conditions as described in Paragraph 3. 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 maximum legal rate
allowed by RCW 1..9.52.A20 (currently twelve percent (12%ll.lf the City initiates legal action to
enforce this agreement, the prevailing party in such action is entitled to recover reasonable
litigation costs and attorney's fees.
The Owners are required to obtain written approval from City of Renton prior to filling, piping,
cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated
stormwater facilities (such as swales, channels, ditches, ponds, etc.), or performing any
alterations or modifications to the drainage facilities referenced in this Declaration of Covenant.
3.
4.
5.
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7.
6.
9.
Any notice or consent required to be given or otherwise provided for by the provisions of this
Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified
Mail, return receipt requested.
With regard to the matters addressed herein, this agreement 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 is intended to protect the value and desirability and promote
efficient and effective management of surface water drainage of the real property described
above, and shall inure to the benefit of allthe citizens of the City of Renton and its successors
and assigns. This Declaration of Covenant shall run with the land and be binding upon
Grantor(s), and Grantor's(s') successors in interest, and assigns.
This Declaration of Covenant may be terminated by execution of a written agreement by the
owners and the citythat is recorded by King County in its real property records.
)
)ss.
to me known to be the individuai(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 t-l day of 26T_.
s":$%: ii- ruornnY Bi ?
7--UC." ut't.A.':55
'eftit{it$.
Notary Public in and for the State of
Washington, residing at
lN WITNESS WHEREoF, this Declaration of Covenant for the Inspection and Maintenance of
Drainage Facilities is executed this _;fr day of Oc$ ,ZO 24_ .
J4f*in-Pa/ S I'r,Gq,
GRANTOR, owner of the Property
Ntrr
GRANTOR, owneroftffi
STATE OF WASHINGTON
COUNTY OF KING
lly appeared before me:
My appointment expires
Page 3 of _5
Permit Number:Approved By:Date:
MAINTENANCE INSTRUCTIONS FOR PERMEABLE PAVEMENT (NON-VEGETATED)
Your property contains an on-site BMP (best management practice) called “permeable pavement,”
which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property.
Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep
through the pavement into a free-draining gravel or sand bed, where it can be infiltrated into the
ground. This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual.
Permeable Pavements
The type(s) of permeable pavement used on your property is (CHECK THE BOX(ES) THAT APPLY):
Porous concrete
Porous asphalt
Permeable pavers
Modular grid pavement
MAINTENANCE RESTRICTIONS
The area covered by permeable pavement as depicted by the site plan and design details must be
maintained as permeable pavement and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton.
INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES
• Permeable pavements must be inspected after one major storm each year to make sure it is
working properly. More frequent inspection is recommended.
• Prolonged ponding or standing water on the pavement surface is a sign that the system is
defective and may need to be replaced. If this occurs, contact the pavement installer or the City
of Renton for further instructions.
• A typical permeable pavement system has a life expectancy of approximately 25 years. To help
extend the useful life of the system, the surface of the permeable pavement should be kept clean, stable and free of leaves, debris, and sediment through regular sweeping or vacuum
sweeping. Aggregate fill in modular grid pavement may need periodic surface replenishment.
• The owner is responsible for the repair of all ruts, deformation, and/or broken paving grids or pavers.
• Modular grid pavement and permeable pavers filled with gravel or with gravel in the joints may need to be refilled periodically.
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