HomeMy WebLinkAboutRC 20230222000403 Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-1 of 8
Record Date:2/22/2023 11:56 AM
Electronically Recorded King County,WA
Return Address:
City Clerk's Office
City of Renton
1055 S Grady Way
Renton,WA 98057
DECLARATION OF COVENANT
FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND
ON-SITE BMPS
Grantor: TRI POINTE HOMES WASHINGTON, INC
Grantee: Citv of Renton, a Washin�ton municipal corporation
Legal Description: Lot 43 of River Trail at Elliott Farm, According to the plat
thereof recorded in volume 298 of plats, pages 88-92, records of King County, Washington
Assessor's Tax Parcel ID#: 733093-0430
IN CONSIDERATION ofthe approved City of Renton (checkoneo}thefollowing)
❑ Residential Building Permit �✓ Commercial Building Permit
❑Clearing and Grading Permit ❑Civil Construction or Utility Permit
for Permit(s) 82200C362 (construction/aui�dinq/uti�ityPermitft)relating to the real property
("Property") described above, the Grantor(s), the owner(s) in fee of that Property, here6y
covenants (covenant)with the City of Renton ("City of Renton" or"City"), a municipal corporation
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. Grantor(s)
hereby grants(grant),covenants(covenant), and agrees (agree) as follows:
1. 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
as required in the approved construction plans and specifications R-4166 (Project
P►an#) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) C20005651 (construction/euildinq/utilityPermit#�).The
Property's drainage facilities are shown and/or listed on Exhibit A—Site Plan. The Property's
drainage facilities shall 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 structures designed to manage and/or
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Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-2 of 8
Record Date:2/22/2023 11:56 AM King County,WA
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.
2. 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 for the 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. If the
engineer option is chosen,the Owners shall provide written notice to the City of Renton within
fifteen(15)days of receiving the Cit�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. If the report is not provided in a timely manner as specified above,the City
of Renton may inspect the drainage facilities without further notice.
3. If City of Renton determines from its inspection, or from an engineer's report provided 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. If 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. If, 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
immediately.
4. 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 19.52.020(currently twelve percent (12%)). If 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.
5. 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.
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Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-3 of 8
Record Date:2/22/2023 11:56 AM King County,WA
G. Any nc��ic�*or c+ansen� required to b��iv�r� c�r atherwise provad�d fc�r �y th� pr�vvisic�ns af this
Agree�rr�ent�hall b��ff�ct�ue uporr personai deliuery,car thr�e (3)days�fter mai(ing by Certified
Mail, r�fiurn r�eceipt request�d.
7. With r��ard tcr the matt�rs addr�ss�d h�r�in,thi���r�em�r�t�anstitut�s�f1��ntire a�r�ement
betw�en th� par�ies, anc! s�ap�rs�d�s �!I pric�r discussi�r�s, ro�gc�tiations, and all agr��m�nts
whatsoever wh�ther c�ra I�ar writt�n.
�� This C�eclaration of �avenarrt is intenc��d tcw pratect th� v�Pt�e anr� d�sirabiNity �nd prc�mat�
effici�rrt artd effe�tiv� r��n�gement c�f surf�ce wa�er dr�ir��g� af the reaE pr�p�rty d�scrib�d
�k�nve, and shall inur�tr�the benef'rt c�f�II�h� �itix�ns s�f the City caf R�ntc�r�s �nd its successcars
and �s�i�ns. This D�cl�r��tion erf C;av�rrar�fi sh�ll run vsrith t�e ianct �nd be bindin� upcan
f�rar�t+�r(s),ar7cf Crantc�r"s(s'}succc�ssar� irr inter��t, aryd�ssi�ns.
�. This C�ecl�ratian c�f��zv�n�nt m�y k��t�rmi���ted by ex���ation c�f a written a�reement by the
Jwrters and th�City that is r�cc�rded by King Caunty dn mts real property recards.
9P�1 WITNESS WHEREdF, this Declar�tican c�f �av�nar�� f r the Insp�cticrrr �nd M�intenance of
�raina�e Facilities is executc@ this� day c�f.__. ._�._���� .
�F2A �C�R, ner tsf the Propert� .��.� GRA�DT(�R, owner e��th�Prcrperty._.�.�
S�`ATE�7F WASHfNC1`(�f� )
�C)UNTY t�F KINC� �ss.
C1n this day person�lly�ppear�d bef�ar•e m�:
._.�. �" �. . .�.. � �,, tcr me kncawn tc� be th� inc�iuidual(s)
c�escr�bed n and wha �xecuted fi�rw within and far�g�ing instrumcnt and acknowl�d�ed that they
si$n�d th�s�me as th�ir free and valunfiary act�rrc�de�d,fcsr th�use.��nd purp�rses therein sta�ked.
Given under my hancl and official seaf this � �� c�a}�r�f _�, 2Cl�"�.
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Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-5 of 8
Record Date:2/22/2023 11:56 AM King County,WA
EXIBIT B OPERATIONS AND MAINTENANCE
S�CTION C.2 ON-SIT�BMPS
I'uture updates to the instructions will be posted on City of Renton's Surface Water Design Manual
website.
A reproducible copy of the instructions,prepared for inclusion with the declaration of covenant,is located
in Reference Section 8-M.
FTGCII�E C 2.11:A S�H�MATI�1tEP1�ESEI�ITAfiIUtLT f?F A FERFUTL�9�'ED FIPE`C�1�TNE�TI(JN FOIZ A
� SI1�T+�LE:F�iMILYI�ESIUENGE
RANDOM FILL
6"MIN. , o ° o
18"MW� � FILTER FABRIC
�� 6"PERFORATED PIPE
1 2'-4" WASHED ROCK
� 24"MIN.�
TRENCH X-SECTION
NTS
SLOPE
TO ROAD
DRAINAGE SYSTEM
—2'x 10'LEVEL TRENCH
w/PERFORATED PIPE
PLAN VIEW OF ROOF
NTS
Page 5 of 8
Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-6 of 8
Record Date:2/22/2023 11:56 AM King County,WA
MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE
CONNECTION
Your property contains an on-site BMP(best management practice)called a`perforated pipe
connection,"which was installed to reduce the stormwater runoff impacts of some or all of the
impervious surface on your property.
A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom,
designed to"leak"runoff, conveyed by the pipe,into a gravel filled trench where it can be soaked into
the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff
that is being conveyed from an impervious surface(usually a roo�to a local drainage system such as a
ditch or roadway pipe system. This on-site BMP shall be maintained per Appendix A of the City of
Renton's Surface Water Design Manual.
MAINTENANCE RESTRICTIONS
• The size and composition of the perforated pipe connection as depicted by the site plan and
design details must be maintained and may not be changed without written approval from the
City of Renton or through a future development pernut from the City of Renton.
• The soil overtop of the perforated portion of the system must not be compacted or covered
with impervious materials.
RECORDING REQUIREMENT
These perforated pipe connection on-site BMP maintenance and operation instructions must be
recorded as an attachment to the required declaration of covenant and grant of easement per
Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. The intent of
these instructions is to explain to future property owners,the purpose of the BMP and how it must be
maintained and operated. These instructions are intended to be a minimum;the City of Renton may
require additional instructions based on site-specific conditions. See the City of Renton's Surface
Water Design Manual website for additional information and updates.
�,'YPTCAL 1�ERFURA�'EI)PIPE CQI�T�TE�TION'Ff3►R A�INGLE�'AIYIII,Y R�SIDEN�E , ;
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Page 6 of 8
Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-7 of 8
Record Date:2/22/2023 11:56 AM King County,WA
SOIL AMENDMENT - SITE PLAN
AMENDED SOIL AREA: 1722 SF ADDRESS: 14115 & 141 11 & 14109 SE 153rd PI
TOTAL LOT/SITE AREA: 6806 SF PARCEL NUMBER: 733093-041 0/0420/0430
1722 SF-AMENDED SOIL
I 6806 SF- LOT SF I
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5 15
0 10 20 40
ELLIOTT FARMS - LOT 41/42/43
SEC.22,TWP 23N, RGE 05E
City of Renton APPROVED BY: SCALE: NTS
TITLE: DATE:
Page 7 of 8
Instrument Number: 20230222000403 Document:COV Rec: $210.50 Page-8 of 8
Record Date:2/22/2023 11:56 AM King County,WA
MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT
Your property contains an on-site BMP(best management practice)called"soil amendment,"which
was installed to mitigate the stormwater quantity and quality impacts of some or all of the pervious
surfaces on your property.
Soil amendment is a method of regaining greater stormwater functions in the post development
landscape by increasing treatment of pollutants and sediments, and minimizing the need for some
landscaping chemicals. To be successful,the soil condition must be able to soak water into the ground
for a reasonable number of years. This on-site BMP shall be maintained per Appendix A of the City of
Renton's Surface Water Design Manual.
MAINTENANCE RESTRICTIONS
The size,placement,and composition of these devices as depicted by the site plan and design details
must be maintained and may not be changed without written approval from the City of Renton or
through a future development pernut from the City of Renton.
INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES
To be successful,the soil must be able to soak water into the ground for a reasonable number of years.
+ Return leaf fall and shredded woody materials from the landscape to the site when possible in
order to replenish soil nutrients and structure.
• On turf areas,"grasscycle"(mulch-mow or leave the clippings)to build turf health.
• Maintain 2 to 3 inches of mulch over bare areas in landscape beds.
• Re-seed bare turf areas until the vegetation fully covers the ground surface.
• Avoid using pesticides (bug a.ud weed killers)which damage the soil.
• Where fertilization is needed(mainly huf and annual flower beds),a moderate fertilization
program should be used which relies on compost,natural fertilizers, or slow-release synthetic
balanced fertilizers.
RECORDING REQUIREMENT
These on-site BMP maintenance and operation instructions must be recorded as an attachment to the
required declaration of covenant and grant of easement per Rcquirement 3 of Section C.1.3.4 of the
City of Renton Surface Water Design Manual. The intent of these instructions is to explain to future
property owners,the purpose of the BMP and how it must be maintained and operated. These
instructions are intended to be a minimum; the City of Renton may require additional instructions
based on site-specific conditions. See the City of Renton's Surface Water Design Manual website for
additional information and updates.
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