Loading...
HomeMy WebLinkAboutL_Declaration of Covenant for Flow Control Facility_ 170403_v1 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: _______ ____ ______ ______ ______ ____________ . . DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Wei Lai Development LLC Grantee: City of Renton Legal Description: Lot X of Carpenter Short Plat LUA14-001200 Assessor's Tax Parcel ID#: 3345700235 . IN CONSIDERATION of the approved City of Renton (check one of the following) 􀂉 residential building permit, 􀂉commercial building permit, 􀂉clearing and grading permit, 􀂉 subdivision permit, or short subdivision permit for Application No. LUA14-001200__relating to the real property ("Property") described above, the Grantor(s), the owner(s) in fee of that Property, hereby covenants(covenant) with City of Renton, a political subdivision of the state of Washington, and its municipal successors in interest and assigns ("City of Renton " and "the City", or "its municipal successor"), that he/she(they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s) hereby grants(grant), covenants(covenant), and agrees(agree) as follows: 1. Grantor(s) or his/her(their) successors in interest and assigns ("Owners") shall retain, uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. City of Renton shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow the City of Renton to enter for the sole purpose of inspecting the BMP’s. 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 BMPs 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 or its municipal successor in interest within fifteen days of receiving the City's notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf of the Owners, shall provide the engineer's report to the City. If the report is not provided in a timely manner as specified above, the City may inspect the BMPs without further notice. 4. If the City of Renton determines from its inspection, or from an engineer's report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, the City shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required. The City shall also set a reasonable deadline for completing the Work 2 or providing 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 BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by WLR, King County may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of KCC Chapter 9.04 and may subject the Owners to enforcement under the KCC, including fines and penalties. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from the City before performing any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of the City of Renton and its municipal 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. 8. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and King County that is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this _____ day of ____________________, 20_____. GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: , to me known to be the individual(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 _____ day of ____________________, 20_____. Printed name Notary Public in and for the State of Washington, residing at My appointment expires 3 EXHIBIT A 4 EXHIBIT B Your property contains a stormwater management flow control 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. The total impervious surface on your property may not exceed 65% of the lot area without written approval from the City of Renton.