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HomeMy WebLinkAboutRC 20230725000675 Instrument Number: 20230725000675 Document:COV Rec: $210.50 Page-1 of 8 Record Date:7/25/2023 1:51 PM Electronically Recorded King County,WA 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: VARMA KUSHAL S+RAM KAJAL A Grantee: Citv of Renton, a Washin�ton municipal corporation Legal Description: JANETTS RENTON BOULEVARD TRS W 1/2 OF S 1/2. See Exhibit C Assessor's Tax Parcel ID#: 366450-0185 IN CONSIDERATION ofthe approved City of Renton (checkoneo}thefollowing) ❑✓ Residential Building Permit �Commercial Building Permit ❑Clearing and Grading Permit ❑Civil Construction or Utility Permit for Permit(s)B21000376 (construction/aui�dinq/uti�ityPermitft)relating to the real property ("Property") described above, the Grantor(s), the owner(s) in fee of that Property, here6y 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 PR21000032 (Project P►an#) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) B21000376 (construction/euildinq/utilityPermit#�).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 Page 1 of 7 Instrument Number: 20230725000675 Document:COV Rec: $210.50 Page-2 of 8 Record Date:7/25/2023 1:51 PM King County,WA 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 Cit�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. Page 2 of� Instrument Number: 20230725000675 Document:COV Rec: $210.50 Page-3 of 8 Record Date:7/25/2023 1:51 PM King County,WA 6. Any notice or consent requieeci tcr k�e�kv�n or atherwise pravided f�r by the �rovisic�r�s of this €�gr��rr�ent s�r�ll be eff�ctive upan�ersa�rral d�livery,or thr�e(�)days after mail6r►�by G�rtified Mail,retu�n re�e�p�reau�st�d, 7. t�tlith r�gard tca the makters aeidr�ss�d her�in,this a�reement cor�stitutes the entir���r�em�nt betve+een� th� parties, �nd sup�rs�des aEl prior dPscussicrr�s, ne��tiati�ans, ane� al� agreements whatsae�rer whetF��r ara4 ar written. �. �'his Declaratic�n of Caveroant �s �nte�nc�ed tca prc�tect the vafue and d�sirability �r�d pramote �f�keiertt �nd effect'rve ma�nagement of surf�ce water drair�age eaf the r�a[ prcaperty descr"sk�ed ak�r�ve,and shaCl irwr�r��a the benef��af a�!the�itizens of the City�af Fterrtarro anci i�s succ�sserrs and assa�ns. �`his fJeclaratic�r� af C�av�nar�t �hafl run sr�i�h the Fand and b� krirrding uprrn Vf�4��4����J/!f�"��0.1�t".��i.��rS��1�rtJ����������� Q�k���S4�4��{CA �SPJ���P`J. 9. This CDeci�ratic�n oti Cc�vertarat m�y be t��minated by exec�atic�r� �af a v�rritten a�reernent by the O�ntners and th�e�ity that is reeorded by K°sr�g Coun�y in its real �rc�pert�r recnrds. �� ������� `V��""���i��d�r �`:f"dt5 ��C�2#t'��PC}'f! C7� �f�V� e�Pr� �4f ��'tE.' �fFS��C�fG1"! elC'@C.� ��BCC��C}�K1CL Q7� t�rain���F�ciliti�s ks ex�cuted this � `�� d�y of ���`° �k. .,� 2C3 � �''.. �,.�- �F�A�6�Qf�,avu�►er c�f the F�roperky �RA�f'�k'f(^7Ra cswner�f thse Presp�rtyr STATE C}F VdA�SHIh�B�"f�hJ � CCJUCV7Y�1F KEB�t� �ss. t�n thos day perso��lly ap�eared be�crre rr�e: �,.���rR� ��. '��r�"��fh ����.��. � � ° ��.�+'"�.. � ta me kr�awn t�r be t&�e individu�B�s} deser►B��d in artd wh�a execu ed th�vsrithitt �rtd fcar���r6n� or�xtr�arra�nt�r►d �cknc�wbed�ed that they si�r��d th�s�rr��e�s th�ir fr��arad vols�ntary�et�r�d de�d,f�ar th�uses a�d p�rrpc�ses t�C�re}rr stat�d. C�iven urrd�r r�wy h�nc�a�d o�fici�t se�l this ��� day c��� ���°`„�,.,��„���,,,�Cl ���. � �� � ���� � � ��„na.w�'"'l�WBi��8����� �. � ���"� e,.Pb. .�.�..���....��....�. ��� �,�� � ���� ��„�� .,"a� �� � � '�p�����.qnkki609tp�� ,� � ,;� �� {Pe w.�4 � �d� ��l� �t � '� /' �CIC1��L1 C��C11� «� ���������� � Nca�ar�+F�ub@�c�rr�r�d f'c�r t�e S�at�a� � � � r.���,� �� �� �,�, °� Vtt�sh°sn�tar�, r�sidin�at A/ py �'�1�`��°°���pk4rlp��^��64*��+yv";�"„w..'��� �'�;PM. V', ,. � �°b . . . . . � ����r�������������`�`� IV��r apperar�trn�r�t�xpir�s µ �� .� �� P��e 3 af� Instrument Number: 20230725000675 Document:COV Rec: �210.50 Page-4 of 8 Record Date:7/25/2023 1:51 PM King County,WA EXHIBIT A - FLOW CONTROL BMP SITE PLAN PARCEL#:366450-0185 NEW/REPLACED ON-SITE IMPERVIOUS:9,736 SF TOTAL LOT AREA:45 872 SF/1.05 AC ON-SITE BMP:NOTCHED TRENCH ROAD DISPERSION PERMEABLE PAVEMENT 156TI P nVE SE f��) � — �'!,� ���_ / ��„w � ;. .. � ... . . . ,. , ,.,.n...�,. .. �. ?.q. ...,A... . .:.... .�:...e.., ' v� ...' . L_J 'I I CLEAREDAREA:22,007SF/0.51 AC `��I I iI � SOIL AMENDMENT NOTE.• � I ALL PERVIOUS AREAS TO MEET SOIL I AMENDMENT PER SWDM C.22.13.1 I ;� ,� � 'I � � I PR�OSED NtIEEL ''� I S7RIP OR/VEWAY ;I � � ±� , PROPOSED ' I � DRIVFWAY ; I I DISPERS/ON � I 2'X2'RIP I � RAP PAD !' ;i I `-.` `I PROPOSED PERMEABLE "I CONCREIE DRIVEWAY 'I AND WALKWAYS . I 2��`-.�`�.` ,.. � I �4����!°R ——— 'I .�. ., � � ;� i � , , PROPOSED '� SFR ,+'..., . �5,.�` ` ' * . I PROPOSED i .'�: • ?�` INLET ��o►�� '#: �` >i: .�, ;�. SD � PROPOSED ���p S70RM ��� SERV1Cf PROPOSEO CB 50 LF (lyp) NOTCHED DISPER50N IRENCH GRAPHIC SCALE ��� 40 0 20 40 SCALE:1"=40' PERMIT NUMBER �PPROVED BV.• DATE Instrument Number: 20230725000675 Document:COV Rec: $210.50 Page-5 of 8 Record Date:7/25/2023 1:51 PM King County,WA EXHIBIT B - OPERATIONS & MAINTENANCE MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT Your property contains an on-site BMP(best management practice)called"soil amendment,"which was installed to mitigate the stormwater quantity and quality impacts of some or all of the pervious surfaces on your property. Soil amendment is a method of regaining greater stormwater functions in the post development landscape by increasing treatment of pollutants and sediments, and minimizing the need for some landscaping chemicals. To be successful,the soil condition must be able to soak water into the ground for a reasonable number of ycars.This on-site BMP shall be maintained per Appendix A of the City of Renton's Surface Water Design Manual. MAINTENANCE RESTRICTIONS The size,placement, and composition of these devices as depicted by the site plan and design details must be maintained and ma.y not be changed without written a.pproval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES To be successful,the soil must be able to soak water into the ground for a reasonable number of years. + Return leaf fall and shredded woody materials from the landscape to the site when possible in order to replenish soil nutrients and structure. • On turf areas,"grasscycle"(mulch-mow or leave the clippings)to build turf health. • Maintain 2 to 3 inches of mulch over bare areas in landscape beds. • Re-seed bare turf areas until the vegetation fully covers the ground surface. • Avoid using pesticides (bug and weed killers)which damage the soil. • Where fertilization is needed(mainly turf and annual flower beds),a moderate fertilization program should be used which relies on compost,natural fertilizers,or slow-release synthetic balanced fertilizers. RECORDING REQUIREMENT These on-site BMP maintenance and operation instructions must be recorded as an attachtnent to the required declaration of covenant and grant of easement per Rcquirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual.The intent of these instructions is to explain to future properry owners,the purpose of the BMP and how it must be 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. Instrument Number: 20230725000675 Document:COV Rec: $210.50 Page-6 of 8 Record Date:7/25/2023 1:51 PM King County,WA MAINTENANCE INSTRUCTIONS FOR PERMEABLE PAVEMENT (NON-VEGETATED) Your property contains an on-site BMP(best management practice)called"permeable pavement," which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep through the pavement into a free-draining gravel or sand bed,where it can be infiltrated into the ground. This on-site BMP shall be maintained per Appendix A of the City of Renton's Surface Water Design Manual. Permeable Pavements The type(s) of permeable pavement used on your property is(CHECK THE BOX(ES)THAT APPLY): �Porous concrete ❑ Porous asphalt ❑ Permeable pavers ❑ Modular grid pavement MAINTENANCE RESTRICTIONS The area covered by pertneable pavement as depicted by the site pla.n and design details must be maintained as permeable pavement and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES • Permeable pavements must be inspected after one major storm each year to make sure it is working properly.More frequent inspection is recommended. • Prolonged ponding or standing water on the pavement surface is a sign that the system is defective and may need to be replaced.If this occurs,contact the pavement installer or the City of Renton for further instructions. • A typical permeable pavement system has a life expectancy of approximately 25 years.To help extend the useful life of the system,the surface of the permeable pavement should be kept clean, stable and free of leaves,debris, and sediment through regular sweeping or vacuutri sweeping. Aggregate fill in modular grid pavement may need periodic surface replenishment. • The owner is responsible for the repair of all ruts,def'ormation,and/or broken paving grids or pavers. • Modular grid pavement and permeable pavers filled with gravel or with gravel in the joints may need to be refilled periodically. Instrument Number: 20230725000675 Document:COV Rec: $210.50 Page-7 of 8 Record Date:7/25/2023 1:51 PM King County,WA MAINTENANCE INSTRUCTIONS FOR BASIC DISPERSION Your property contains an on-site BMP(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 onsite vegetated areas to retain, absorb,and filter the runoff from developed surfaces. This on-site BMP has two primary components that must be maintained: (1)The devices that disperse runoff from the developed surfaces 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(CHECK THE BOX(ES)THAT APPL�: ❑ splash blocks, ❑rock pads, C�gravel filled trenches, C�sheet flow. MAINTENANCE RESTRICTIONS The size,placement,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 permit from the 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 Manual: (1)The devices that disperse runoff from the developed surfaces and (2)The vegetated flowpath area over which runoff is dispersed. Maintenance of Dispersion Devices + Dispersion devices must be inspected annually and after major storm events to identify and repair any physical defects. • When native soil is exposed or erosion channels are present,the sources of 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: 20230725000675 Document:COV Rec: $210.50 Page-8 of 8 Record Date:7/25/2023 1:51 PM King County,WA EXHIBIT C - LEGAL DESCRIPTION THE NORTH HALF OF THE WEST HALF OF TRACT 2, BLOCK 2, JENNET'S RENTON BOULEVARD TRACTS, AGCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS AT PAGE 60, RECORDS OF KING COUNTY, WASHINGTON. EXCEPT THE NORTH 130 FEET OF THE WEST 115 FEET THEREOF.