HomeMy WebLinkAboutL_Declaration of Covenant_v4Page 1 of ___
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:
Grantee: City of Renton, a Washington municipal corporation
Legal Description:
Assessor's Tax Parcel ID#:
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)_____________________ (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 __________________ (Project
Plan #) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) _____________________________ (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 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
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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 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.
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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.
IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of
Drainage Facilities 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
NOTARY ACKNOWLEDGEMENT
STATE OF WASHINGTION
)
cor-rNrY on 4)q,o lI
before me (Notaryt
€ Sauru)Personally appeared
) ss.
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personally known/-rroved to me on the basis of sati ry evidence, who, being by me
duly sworn or affirrned, did say that such person executed the foregoing instrument as the
free act and deed cf such person, and if applicable in the capacity shown, having been
duly authoizedto execute such instrument in such capacity,
,7023,
Notary Public, State of: WASHINGTON
My comrnission expir "r, 4 t Af ZoZf
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EXHIBIT A - FLOW CONTROL BMP SITE PLAN
PERMIT NUMBER______________________ APPROVED BY: ______________________ DATE: _____________
0
GRAPHIC SCALE
20 10 20
SCALE: 1" = 20'
TOTAL LOT AREA: 3,338 SF / 0.077 AC
PARCEL #: 21433701845
ON-SITE BMP: PERF. STUB-OUT CONNECTION
NEW/REPLACED ON-SITE IMPERVIOUS: 1,943 SF