HomeMy WebLinkAboutL_Akhondi-Declaration of Covenant-BMP-revision_20230512_V3City 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: Fatemeh Akhondi, Trustee of the Farj family trust
Grantee: City of Renton, a Washington municipal corporation
Legal Description: East 100 ft of west 200 ft of tract 101,C.D. Hillmans's Lake
Washington Garden of Eden Addition to Seattle NO.2 recorded in volume 11 of plats,
page 64, King County, WA
Assessor's Tax Parcel ID#: 3342700495
IN CONSIDERATION of the approved City of Renton (check one of the following)
Residential Building Permit Commercial
Building Permit Clearing and Grading Permit Civil
Construction or Utility Permit
for Permit(s)B23001136 (Construction/Building/Utility Permit #) relating to the
real property ("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 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 per A1.6 BMP Plan (Project Plan #)
on file with the City of Renton and submitted to the City of Renton for the
review and approval of permit(s) B23001136 (Construction/Building/Utility Permit
#). The Property's drainage facilities are shown and/or listed on Exhibit A –
Site Plan. The Property’s drainage facilities shall be maintained in
✔
p 1 of 6
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 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 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. 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
p 2 of 6
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.
6.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.
7.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.
8.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 all the 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.
9.This Declaration of Covenant may be terminated by execution of a written
agreement by the Owners and the City that is recorded by King County in its real
property records.
p 3 of 6
p 4 of 6
Exhibit A - Site Plan
p 5 of 6
Your property contains an on-ite BMP (best management practice) called "basic dispersio11," which
was installed to mitigate the stormwater quantity and quality impacts of ome or all of the impervious
surfaces or non-native pervious surfaces on your property.
Basic dispersion i a strategy for utilizing any available capacity of onsite vegetated areas to retain,
ab orb, and filter the runoff from developed surfaces. Tl1is on-site BMP has two primary components
that must be maintained:
(1)The devices that disperse runoff from tbe developed surfaces and
(2)The vegetated area over which nmoff is dispersed.
Di per ion De ices
The dispersion devices used on your property include the following a indicated on tbe site
plan (CHECK THE BOX(ES) THAT APPLY):
•splash blocks, □ rock pads, □ gravel fi.lled trenches, □ sheet flow.
MAINTENANCE RESTRICTIONS
The size, placement, composition and downstream flowpatbs 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 th.rough a future development permit from tbe City of Renton.
INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES
This on-site BMP has two primary components that must be maintained per Appendix A of the City of
Renton·s Surface Water Design -anual:
(I)The devices that disperse mnofffrom the developed surfaces and
(2) The vegetated flowpatb area over which runoff is dispersed.
Maintenance of Di persion De ices
•Dispersion devices must be inspected annually and after major stom1 events to identify and
repair any physical defects.
•When native soil is exposed or erosion channels are pres nt, the sources of the erosion or
concentrated tlow need to be identified and mitigated.
•Concentrated flow can be mitigated by leveling the edge oftbe pervious area and/or realigning
or replenishing the rocks in the dispersion device, such as in rock pads and gravel filledtrenches.
Maintenance of Vegetated Flowpatb.
•The vegetated area over which runoffis dispersed must be maintained in good condition free
of bare spots and obstruction that would concentrate flow .
Exhibit B - Operations & Maintenance
p 6 of 6