Loading...
HomeMy WebLinkAboutRC 20171101000112Instrument Number: 20171101000112 Document:COV Rec: $153.00 Page-1 of 6 Record Date:11/1/2017 8:31 AM Electronically Recorded King County, WA City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT AND EASEMENT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES�T' D ON -SITE BMPS ---- _�)4:7 - L, -:A -1 _ R-_ �),2, T _�, �> I Grantor: n&j_L,0_, --- Grantee: City of Renton , , __ j - _J J Assessoes Tax Parcel [D#: Supersedes Rec No. 017 411 00170 IN CONSIDERATION ofthe approved City of Renton (check one of the following) �residential building permit, 0 commercial building pen -nit, 0 clearing and grading permit El subdivisio .1 permit, or Q short subdivision per it for application File No. L.I,JA/SWP 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, a political subdivision 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 I 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), andagrees(agree) as fojlowsa 1. The Gruntor(s) or his/her(their) successors in interest and assigns ("Owners ") shall at their own cost, operate, maintain, and keep in good repair, the Propert 's draina,�e facilities constructed as required in the approved construction plans and specifications 1 1 on file with the City of R.e ton and submitted to the City of Renton for the review and apprravat of p—erma(s) Tes are shown he property's drainage faciliti s wn and/or listed on Exhibit A. The property's drainage facilities shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B. Drainage facilities include pipes, chamiels, 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 rnimic 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 perfonn 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 30 days written notice to the Owners that entry on the Property is Instrument Number: 20171101000112 Document:COV Rec: $153.00 Page-2 of 6 Record Date:11/1/2017 8:31 AM King County, WA planned for the inspection of drainage facilities. After the 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 civic 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 days of receiving the City's notice of inspection. Within 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 required maintenance, repair, restoration, and/or mitigation 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 maintenance and/or repair work will begin ►mmediately. 4. The Owners shall assume all responsibility for the cost of any maintenance, repair 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 maximumlegal rate allowed by RC 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 axed 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 perfortning 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 coristitutes 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 prornote 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 Page 2 of 3 Instrument Number: 20171101000112 Document:COV Rec: $153.00 Page-3 of 6 Record Date:11/1/2017 8:31 AM King County, WA IN WITNESS WHEREOF, this eclaration of Covenant for the Inspection and Maintenance of ecu Drainage Facilities is ex cited this c� .9 61_ day ofGAEP,_, 20J GRANTOR, r, Aer o�—fthe Property GRANTOR, ovaier of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: -.fj_EN �P-r- to me no to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the sarne as their free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official sea] this _2'-f'—day of Printed name Notary Public in and for the State of Washington, residing at My appointment expires _ e- -'I / - -,.-) / Page 3 of 3 Instrument Number: 20171101000112 Document:COV Rec: $153.00 Page-4 of 6 Record Date:11/1/2017 8:31 AM King County, WA F- > 0 0 rTl :v 0 rn -0 0 > F-- rn z 0 0 ((71f) rq m 0 Q b H M 73 > M 0 0 M fq 0 0 0 0 -q 70 w 00 0 > "0 > z O> >Z M > 0 Z 0 > -t > Ln En C) M rn jZ;U -U 0 M rn Z < FTr r- > Z (-TI > M M-j C-) (10 > M 0 0 x (-) M M 0 Z r 00 >--Z 14 -n 6 M r- z 0 C) z M r1l CO is ,l - - - - -- - - - - To 0 P W,31 0 > M > Ul CD COY 10 -p- 11 I 0 fXi z Instrument Number: 20171101000112 Document:COV Rec: $153.00 Page-5 of 6 Record Date:11/1/2017 8:31 AM King County, WA EXHIBIT B MAINTENANCE INSTRUCTIONS FOR BASIC DISPERSION Your property contains an on -site RMP (best management practice) called "basic dispersion," which was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious surfaces or non-native pervious surfaces on your property. Basic dispersion is a strategy for utilizing any available capacity of onsitc vegetated areas to mtain, absorb, and filter the runoff from developed surf�ces. This on -site BMP has two primary components that must be maintained: (1) The devices that disperse runolffrom the developed sw-faces and (2) The vegetated area over which runoff is dispersed. Dispersion Devices The dispersion devices used on your property include the following as indicated on the site Plan (CffECK T14E BOX(ES) THAT' APlat: Y)- El splash blocks, 0 rock pads, Wuavel filled trenches, sheet flow, MAINTENANCE RESTRIC11ONS The size, placeracnt, composition, and downstream flowpaths 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 pernvit from the City of Renton. INSPECTION FREOUENCY AND MAINTENANCE GUIDELINES This on -site BNIP has two primary components that must be maintained per Appendix A of the City of Renton's Surrace Water Design Manual: (1) The devices that disperse runoff from the developed surfaces and (2) The vcgetated flowpath area over which runoff is dispersed. Maintenance of Dispersion Devices Dispersion devices must be inspected annually and after major storm events to identify avid repair any physical defects. When native soil is exposed or erosion channels are present, the sources or the erosion or concentrated flow need to be identified and mitigated. Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigning or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled trenches. Maintenance of Vegetated Flowpaths The vegetated area over which runoff is dispersed must be maintained in good condition free of bare spots and obstructions that would concentrate flows. Instrument Number: 20171101000112 Document:COV Rec: $153.00 Page-6 of 6 Record Date:11/1/2017 8:31 AM King County, WA Your property contains an on -site BMP (best management practice) called a '�Perforatedpipe connection," which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property. 0 1 ]LITAT011 0021 oil OINAMA I ditch or roa ay pipe system. T i on -site BMP sh 11 be maintained per Appendix of the Ci of Renton's Surface Water Design Manual. 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 permit from the City of Renton. The soil overtop of the perforated portion of the system must not be compacted or cover with impervious materials. i 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 eXylain to future the 3,ugose of the BMP and how it must b 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.