HomeMy WebLinkAboutC_DECLARATIONOFCOVENANT_USSERYRESIDENCE_231229_V3Return 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
Granter: Phillip E. Ussery and Heather A. Ussery, HUSBAND AND WIFEGrantee: City of Renton, a Washington municipal corporation
Legal Description: LOT 10, BLOCK 21, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1,
ACCORDING TO THE PLATE THEREOF RECORDEDD IN VOLUMNE 11 OF PLATS, PAGE 63, IN KING COUNTY, WASHINGTON.
Assessor's Tax Parcel ID#: 3342103055 --------------------------
IN CONSIDERATION of the approved City of Renton (check one of the following)
� Residential Building Permit □commercial Building PermitD Clearing and Grading Permit D Civil Construction or Utility Permit
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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 ___N/A_____ (Project Plan#} on file with the City of Renton and submitted to the City of Renton for the review and approval of
permit(s) B23004698_____________ (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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B23004698
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 "1th day of A\.,, ... fif½..:.A-, 20 23 .
cfR��:.:::rty GRANT�fu:.Jroperty
STATE OF WASHINGTON
COUNTY OF KING )ss.
On this day personally appeared before me:
�V\1\\if? ore\ ±ffO\Y\er \;\!,,�f.Y\j , 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 31R day of l'ug, I
��. �w����
MEIBELLE PEREZ Notary Public State of Washington Commission# 21007-408 My Comm. Expires Jan 21, 2025
Printed name
Notary Public in and for the State of
Washington, residing at
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EXHIBIT - A
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 APPLY):
splash blocks, rock pads, gravel filled trenches, 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 andrepair any physical defects.
•When native soil is exposed or erosion channels are present, the sources of the erosion orconcentrated flow need to be identified and mitigated.
•Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigningor 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.
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X
EXHIBIT - B OPERATIONS AND MAINTENANCE
TYPICAL SPLASH BLOCK TYPICAL 10-FOOT DISPERSION TRENCH CROSS-SECTION
TYPICAL DRIVEWAY APPLICATION OF DISPERSION TRENCH AND ROCK PAD
SIDE VIEWNTS
HOUSE
DOWNSPOUTEXTENSION
SPLASHBLOCK
ROOF DOWNSPOUT
SPLASH BLOCK
100' MIN. VEGETATEDFLOWPATH UNDERFULL DISPERSION,SEE SECTION C.2.1.3
10-foot long dispersion trench
Vegetated Flowpath Segment (NVFS)
Slot drain Diagonal asphalt berm – 2 to 4 inches high
PLAN VIEW OF DRIVEWAY NTS
2-ft x 3-ft x 6-inch crushed rock pad
50-foot separation betweenflowpath segments
Vegetated Flowpath Segment
Edge of undisturbed native vegetation
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MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE CONNECTION
Your property contains an on-site BMP (best management practice) called a “perforated pipe
connection,” which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property.
A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom,
designed to “leak” runoff, conveyed by the pipe, into a gravel filled trench where it can be soaked into
the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a
ditch or roadway pipe system. This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual.
MAINTENANCE RESTRICTIONS
•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 covered
with impervious materials.
RECORDING REQUIREMENT
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 explain to future property 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.
TYPICAL PERFORATED PIPE CONNECTION FOR A SINGLE FAMILY RESIDENCE
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