HomeMy WebLinkAboutRC 20230405000327 Instrument Number: 20230405000327 Document:COV Rec: $208.50 Page-1 of 6
Record Date:4/5/2023 10:23 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: Mainvue WA LLC, a delaware limited liability company
Grantee: Citv of Renton, a Washin�ton municipal corporation
Legal Description: Lot 4 of City of Renton short plat LUA22-000379, as recorded in volume 479 of
surveys, pages 8-10, under recording no. 20230202900002, situate in King County, Washington.
Assessor's Tax Parcel ID#: 142305-9013-08
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)! .B�3000759 ,(construction/auildinq/utilityPermitft)relating to the real property
("Property") ��sr��t���i d���r�, �'r�� +�rantor(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 dr�in��Q f��i��t��c�nr�s#ructed
as required in the approved construction plans and specifications_ PR i.e9 OOO.i..79 ..........,(Pro�ect
P►an#) on file with the Ci*���*� ���*�*� �*�*� ����mitted to the City o7 rcenion 7or�rne review and
approval of permit(s)_ B�3000759 (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
Page 1 of 6
Instrument Number: 20230405000327 Document:COV Rec: $208.50 Page-2 of 6
Record Date:4/5/2023 10:23 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.
Page 2 of 6
Instrument Number: 20230405000327 Document:COV Rec: $208.50 Page-3 of 6
Record Date:4/5/2023 10:23 AM King County,WA
6. Any n�atice car earns��,���qe�wr�d te� P����oe�er�eatherwis�pre�vided fc�r b�th��roavis�c�ns eaf this
Agre�me�t sh�ll be effe�w���pcar�p�rsc�r��l d�li�rery,�ar three(3)days�ft�r nnailin��y��rtifi�e#
Mail�returr� reeeipt r�q�es��dm
7. Vt�'ith re��rd tca the rr�����rs�rdeires�ed�w�r�'sr�a this agreement�c�nstitut��tF�e�r�tire agr�err�ent
b��tween the parties� �r�a� st�g��rs�d�s ��I pr�or discussians, nege�ti�tions, ar�d all a�r�err�ents
v�hatsca�ver whether�r�p c���rritt��.
�� T6�is Deelar�ti4n 4f ��er���at is �nte��l��# �c� pr�atec_t th� valu� and de�irabili$� and pr�rncate
ef�icient ar�d efF�e�tiv� r������r��r��e��s�rface uvat�r dra�ina�e c�f th� re�l pre�perty d�scrib�d
abo��,and shall inur���a���b���fi�ar��II�he citizens of the�ity�f R�r�t�r�ar�d.its su�c�ss�rs
anc! �ssi�ns. This Ct�c6���ticar� �� �c�v�r�ant sh�ll rur� with the {�nd and 6�� bir�dirsg upc�r�
Grantor(s�,and�ranta�r"s�s°}se��c�ss�rs�r���t�rest,and a�si�ns.
9. This C�eclar�tican c�f C�a���a�� ���b�e�errr�6r�ated by execution eaf a writt�r���r�err�ent by th�
Qwner�and th�City€F��t��r�ec�rc6ed��r�:i���unty in its r�al prc�perty r��c�rd�.
fN �/ITN��S itVHE�ECIF, ��is ���lar�t�€a� a�F �e�w�nar�t fe�r the Ins�ectic�r� ar�d fV�air�t�nae�ee af
[�r�ina�e�a�iliti�s is ex��r��ed t�his "� �da��af�„ c�,.�� .� �,�,,,,20 � _
GRANTC}Ft,eauvn�r�f tl���r�p��y � GFt�NTl�R,owr�er c�f th�Pr�p�rty
Vanessa Normandin, President
MainVue Homes LLC, Manager of MainVue WA LLC
s�r�;T�c��w�s��n���e��v �
ecau►v-�ca��ir�� �ss.
(�n this day��r�������������ci��f�are�e:
f � . �_ .�,.� te► m� known t� be th� individu�l(s�
descritaed in and wha exe���ed�P���rit�ir�arac�f�r�ge�ing inst�rument and ack.nc��l�d��c�th�t they
si�ned the sar�te as th�ir fr�e��rd�r�E���ta�r�a����d d��d,for t��uses�nd purpc�se�th�r�in�tat�d.
C�iven ur�d�r eny��a�d arrd e�ffieia�R s��N thi _day� . . �(�
,� � � �a�� � � �
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TJ� �' ri���d n�rn
C ��# 1 NotarSr Public ir�ar�d forth� �t��r�
S�I Washin�ta�n,residin�at �„�
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My appointment expir�� � ���,.
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Instrument Number: 20230405000327 Document:COV Rec: $208.50 Page-4 of 6
Record Date:4/5/2023 10:23 AM King County,WA
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Instrument Number: 20230405000327 Document:COV Rec: $208.50 Page-5 of 6
Record Date:4/5/2023 10:23 AM King County,WA
MAINTENANCE IN5TRUCTION5 FOR REDUCED IMPERVIOUS SURFACE
BMP: RESTRICTED FOOTPRINT
Your property contains an on-site BMP(best management practice)known as"restricted footprint,"
the practice of restricting the amount of impervious surface that may be added to a property so as to
minimize the stormwater runoff impacts caused by impervious surface.
MAINTENANCE RESTRICTIONS
The total impervious surface on your property may not exceed ���� square feet without
written approval from the City of Renton or through a future development permit from the City of
Renton.
RECORDING REQUIREMENT
These reduced impervious surface on-site BMP maintenance and operation instructions must be
recordcd as an attachmcnt to thc rcquircd declaration of covenant and grant of easement per
Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Mccnunl. 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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Instrument Number: 20230405000327 Document:COV Rec: $208.50 Page-6 of 6
Record Date:4/5/2023 10:23 AM King County,WA
MAINTENANCE IN5TRUCTION5 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 perforatcd pipc conncction is a lcngth of drainagc convcyancc pipc with holcs in thc 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 roof)to a local drainage system such as a
ditch or roadway pipe system. This on-site BMl'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 maintcnance and operation instructions must be
recarded 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.
TYFICAL PERF�RAT�L�PtPE�()1�TNE+CTION RQR��TNGLE��MTLY RES�IJr�1�TCE
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