HomeMy WebLinkAboutRC 20170718000448 Return Address:
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DECLARATION OF COVENANT FOR INSPECTION AND
MAINTENANCE OF STORMWATER FACILITIES AND BMPS
Grantor:_ jerl �TI1qo �+Pst.� �S��G �rn�pNt� � LLG
Grantee: City of Renton
Legal Description: 1� S A t�I-�L N DS �G
�GC.�fiW�r l�l G 'C�D T1=F(G �'1 T T1�4i? ' r- CGE� � L lV S/DL_ i-4'�j.� � 1'1� Ki i�tt� � l l� ,
Assessor's Tax Parcel ID#: �,���(p —c�p2�j
IN CONSIDERATION of the approved City of Renton � I�p25 t Co permit
for application file No.LUA/SWP 13—GYj(5C� 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 1 through 10 below
with regard to the Property,and hereby grants(grant)an easement as described in Paragraphs 2 and 3.
Grantar(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 of the described
property")shall at their own cost,operate,maintain,and keep in good repair,the Property's stormwater
facilities and/or best management practices("BMPs") constructed as required in the approved
construction plans and specifications on file with the City of Renton and submitted to the
City of Renton for the review and approval of permit(s) („� (5'p d Z�f` .The
property's stormwater facilities and/or best management practices ("BMPs")are shown and/or listed on
E�chibit A. The property's stormwater facilities and/or BMPs shall be maintained in compliance with the
operation and maintenance schedule included and attached herein as Exhibit B. Stormwater facilities
include pipes,swales,tanks,vaults,ponds,and other engineered structures designed to manage and/or
treat stormwater on the Property. Stormwater BMPs include dispersion and infiltration devices,native
vegetated areas,permeable pavements,vegetated roofs,rainwater harvesting systems,reduced impervious
surface coverage,and other measures designed to reduce the amount of 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 RMC 4-6-030.
3. If City of Renton determines that maintenance or repair work is required to be done to any of
the stormwater facilities or BMPs,City of Renton shall give notice of the specific maintenance and/or
repair work required pursuant to RMC 4-6-030. The City shall also set a reasonable time in which such
Page 1 of 3 Form Approved by City Attorney 10/2013
work is to be completed by the Owners. If the above required maintenance or repair is not completed
within the time set by the City,the City may perform the required maintenance or repair,and hereby is
given access to the Property, subject to the exclusion in Paragraph 2 above, 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 e�sts an imminent or present danger,the seven(7)day notice period will be waived and
maintenance and/or repair work will begin immediately.
4. If at any time the City of Renton reasonably determines that a stormwater facility ar BMP on
the Properly creates any of the hazardous conditions listed in RMC 4-4-060 G or relevant municipal
successor's codes as applicable and herein incorporated by reference,the City may take measures
specified therein.
5. The Owners shall assume all responsibility for the cost of any maintenance or repair work
completed by the City as described in Paragraph 3 or any measures taken by the City to address hazardous
conditions as described in Paragraph 4. 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 current legal rate as liquidated damages. If legal action ensues,the
prevailing party is entitled to recover reasonable litigation costs and attorney's fees.
6. The Owners are hereby 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 stormwater facilities and BMPs referenced in this Declaration of
Covenant.
7. 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.
8. 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.
9. This Declaration of Covenant is intended to protect the value and desirability 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.
10. 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.
IN WITNESS WHEREOF,this Declaration o�Covenant for the Inspection and Maintenance of
Stormwater Facilities and BMPs is executed this �6�����day of a.�j,{,{�� , 20���"
N
1 � �
GRANT R, owner of the Property
' � /= n �-�____
GRANTOR, owner of the Property
Page 2 of 3 Form Approved by City Attorney 10/2013
�(�\i�'�'rrl�G'�
STATE OF )
COUNTY OF�F- )ss.
U�-��,ge.
On this day personally appeared before me:
�Yl TV� �.� ,to me known to be the individual�escribed 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��Q�ay of _��1� ,20 \�- .
h' �2.
o��_____�,_ Printed nam C�C��rti'���t�
�. BRITTNEY KLAGGE Notary Public in and for the State of i#as}�er�;
:�������`; Notary Pubiic - Califomia
Q :�� :. z residing at
z : Y� Riverside County z
z Commission # 2110040 D
My Comm.Expires May 29,2019 ��� �
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My appointment expires_��..��,�'1 `r�'(.?l�
Page 3 of 3 Form Approved by City Attomey 10/2013
EXHIBIT A
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Exhibit"B"
Maintenance Requirements
Maintenance needs vary from site to site based on the type of land use activity,
implementation of source controls, and weather conditions. The StormFilter shall be
inspected quarterly or at a frequency recommended by the supplier. Inspection and
maintenance shall include the following:
1. The operation and maintenance instructions from the manufacturer shall be kept
along with an inspection and maintenance log. The maintenance log shall be available
for review by City of Renton inspectors.
2. Routine maintenance shall include inspecting for debris, vegetation, and sediment
accumulation, flushing the underdrain, and removing or replacing media.
3. Maintenance is required when 1/4 inch of sediment has accumulatedon top of the
cartridge hood, or 2 inches of sediment have accumulated on the floor. If the cartridges
are in standing water more than 12 hours after rainfall has occurred, maintenance is
required. The inspector should make sure that the cartridges are not submerged due to
backwater conditions caused by high groundwater, plugged pipes, or high hydraulic
grade lines.
4. CSF (leaf compost) media used for Enhanced Basic or Spagnum Bog Protection
treatment should be replaced according to the sediment recommendations above or at a
minimum of every two years.
5. Media shall be disposed of in accordance with applicable regulations, including the
Seattle-King County Department of Public Health solid waste regulations (Title 10) and
state dangerous waste regulations (WAC 173-303). In most cases, the media may be
disposed of as solid waste.
Storm Filter Conditions:
1. The Homeowner's Association or Facility Owner(s) shall enter into a service contract
with an approved contractor or StormFilter0 representative for the long term
maintenance of the system located on private property to be maintained by the
Homeowners Association or Facility Owners.
2. The ZPG media StormFilter0 systems are designed to treat 35 percent of the
developed two-year peak flow rate for all the impervious areas to be constructed
(including the building).
3. Facility inspection, maintenance, and reporting are required by the City of Renton
Surface Water Utility for the Property Owner maintained StormFilter0 in perpetuity.
The facility inspection, maintenance and reporting is required per the Ecology National
Pollutant Discharge Elimination System Phase II Municipal Storm water Permit
(Section SS.C.4.c.iii). Facility owners are responsible for ensuring that storm water
facilities are properly maintained and functioning as designed and permitted. The
StormFilter0 facility shall be inspected every six months by the supplier during the first
year of operation as offered with the purchase of the StormFilter0 systems. Inspections
will be used to determine the site-specific maintenance schedules and requirements.
Maintenance procedures should follow those given in the most recent version of the
StormFilter0 Operation and Maintenance Manual. During the first year of operation of
the facility, written records of the inspections and maintenance shall be submitted to the
City of Renton Surface Water Utility Private Storm water Inspection Program.
4. Following the first year of operation, the facility owner(s) shall annually have the
StormFilter0 inspected and maintained per the procedures in the most recent version of
the StormFilter0 Operation and Maintenance Manual. Written records of the inspection
and maintenance shall be submitted to the City of Renton Surface Water Utility, to the
attention of Surface Water Utility Private Storm water Facility Inspection Program. If
more frequent inspection and maintenance of the StormFilter0 is required by the
manufacturer or is needed to ensure performance of the facility, then the additional
inspection and maintenance reports completed within the year shall be provided with
the annual report.
5. Written records of the inspection and maintenance shall be submitted to the City of
Renton Surface Water Utility, to the attention of Surface Water Utility Private
Stormwater Facility Inspection Program. Inspection reports will be used to determine
future site-specific maintenance schedules and requirements.
6. A letter signed by the Homeowner's Association or property owner(s) agreeing to the
required inspection and maintenance schedule is required as a condition of granting this
adjustment. The letter is to make the property owner(s) aware of the possible increase in
the cost of maintenance, inspection, and replacement of cartridges that may result from
placing the filtration system without presetting. The letter shall be submitted to the City
prior to construction permit approval.