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HomeMy WebLinkAboutRC 20240220000476 Instrument Number: 20240220000476 Document:COV Rec: $309.50 Page-1 of 7 Record Date:2/20/2024 9:49 AM 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 INSPECTIt3N AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Brian V. Le&Nqylien T. Pham, Husband&Wife Grantee: Citv of Renton.a Washin�ton municipal corporation Legal Description: Lot 3,City of Renton Short Plat No. 14-000451,LUA21-000321, King County Recording Recording No.20211208900003,Vol.459 of Surveys,Pgs.35-36, King County,WA Assessor's Tax Parcel ID#: $011100112 W 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) 623002011 (construction/au�ldiny/utilityPermit�r)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"j,a municipal corporation of the state of Washington,that he/she{they}wi11 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 PR19-000422 (project P/an tt) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) B230o2011 (Construction/Bui(ding/Utility Permit #). The Property's drainage facilities are shown andJor 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: 20240220000476 Document:COV Rec: $309.50 Page-2 of 7 Record Date:2/20/2024 9:49 AM 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 faotprint,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 Municipa) 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 (ieu 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 ta the City of Renton. If the report is not provided in a timely manner as specified abave,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, restaration, and/or mitigation work ("Work"j 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 andJor 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(7j 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.Q20(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 attarney'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 modi�cations to the drainage facilities referenced in this Declaration of Covenant. Page 2 of 7 Instrument Number: 20240220000476 Document:COV Rec: $309.50 Page-3 of 7 Record Date:2/20/2024 9:49 AM King County,WA 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�-�. � AN ,owner of the Property GRANTO , wner of the Property STATE OF WASHINGTON } COUNTY OF KING )ss. On this day personally appeared before me: f'/!'i�!'! � /,�° � 111G��ilP.�1 f. p�'1�1Y� 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 �J�day of_ �)�a- ,20 2 3 . ��`�`\p,P�EL I GyF//''�i ��/�l ��- �` ...aSE��i2io�' ''; Printed name �` `� ?�' � Notary Public in and for the State of = ;j 11�TAq1,�'. .. _ �,,,� �; - Washington, residingat =`�„�:;'°ueu� o�: a� }O�o ��a>�3Iv�C. �",E. �/edu��,�`} y8ov,6 ���''�y FXP. 6�9\ry'���: �%��'cOF WASN\�C�`��� My appaintment expires 6,�''! �2D25 /����fft :itt1��� Page 3 of- Instrument Number: 20240220000476 Document:COV Rec: $309.50 Page-4 of 7 Record Date:2/20/2024 9:49 AM King County,WA Exhibit A - Site Plan � ,, tiy ' ---- � J 22:0�� � �° � S83'5�4'06"W S89°50' „W � � 73.9�"_ ' � 382 ; � __ ___ � � INFIL7RA-71QN TRENCH " -- ' -_, ' DRIVEWAY ; � '' 371 SF ; � 20'FRONT SETBAC K� � ,%� CONC ; � — — — � � � ; � , t , +, ; '� , , ; I ` , ' ; �, � w LOT 3 W 9,228 S.F. �; 'i� GARAGE W �� I o.2t2 SINiGLE FAMILY � 0 o V ACRE RE�IDENCE , �� o � ; cr o rn o � m( FOOI�?RiNT:2,532 1, � � o � � �I ' � I�� � �n '� ;�, f �I � ; � � , � , � DECK i ' ���`\ 120 SF � i (WOO�) � i __ � i 25'REAR SETB K � � � I ; � , . � � � '�\ �� � � � O ; � � % �,9 �' ""' ; � N 1 � � � �� , INFIL�E2ATION TRE�ICH "5�� � �, � � 95.96' N88°51'08"W N SITE PLAN � scn�:i^=2a D' S' '10' 20' 4p' APPLICANT: BRIAN LE 3421 NE 7TH STREET RENTON, WA 98056 (206}427-2193 PARCE� NUMBER: 8011100112 PROJECT ADDRESS: 3421 NE 7TH STREET RENTON, WA 98056 SECTIONiTOWNSHIP/RANGE: SE-9-23-5 TOTAL SITE AC: 0.21 (9,228 SF) TOTAL IMPERVIOUS AREA: 3,453 SF Page 4 of 7 Instrument Number: 20240220000476 Document:COV Rec: $309.50 Page-5 of 7 Record Date:2/20/2024 9:49 AM King County,WA Exhibit B-Maintenance Instruction MAINTENANCE INSTRUCTiONS FUR LIMITED INFILTRATION Your property contains an on-site BMP(best management practice)called"�imited infiltration,"which was installed to mirigate the stormwater quanrity and quality impacts of some or a11 of the impervious surfaces on your property. Limited infiltrarion is a method of soaking runoff from impervious area(such as paved areas and roofs) into the ground. Infiltration devices, such as gravel filled trenches,drywells, and ground surface depressions, facilitate this process by putting runoff in direct contact with the soil and holding the runoff long enough to soak most of it into the ground. To be successful,the soil contlition around the infiltration device must be able to soak water into the ground for a reasonable number of years. This on-site BMP sha11 be maintained per Appendix A of the City of Renton's Surface Water Desi,gn Manual. Infiltration Devices The infiltration devices used on your property include the following as indicated on the site plan(CHECK THE BOX(ES)THAT APPLY): �gravel filled trenches, � drywells MAINTENANCE RESTRICTIONS The size, placement, and composirion 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 To be successful,the soil condition around the infiltration device must be able to soak water into the ground for a reasonable number of years. • Infiltration devices must be inspected annually and after inajor storm events to identify and repair any physical defects. • Maintenance and operarion of the system should focus on ensuring the system's viability by preventing sed'unent-laden flows from entering the device. Excessive sedimentation will result in a plugged or non-functioning facility. • If the infiltration device has a catch basin, sediment accumularion must be removed on a yearly basis or more frequently if necessary. • Prolonged ponding azound or atap a device may indicate a plugged facility. If the device becomes plugged,it must be replaced. • Keeping the areas that drain to infiltration devices well swept and clean will enhance the longevity of these devices. • For roofs,frequent cleaning of gutters will reduce sediment loads to these devices. Page5of7 Instrument Number: 20240220000476 Document:COV Rec: $309.50 Page-6 of 7 Record Date:2/20/2024 9:49 AM King County,WA RECORDiNG REQUIREMENT These limited infiltration on-site BMP maintenance and operarion 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 minunum;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. Page 6 of 7 Instrument Number: 20240220000476 Document:COV Rec: $309.50 Page-7 of 7 Record Date:2/20/2024 9:49 AM King County,WA MAINTENANCE INSTRUCTIONS FOR PERMEABLE PAVEMENT fNON-VEGETATEDI 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 paued surfaces on yaur property. Permeable pavements reduce the amount of rainfall that becomes runoffby allowing water to seep thraugh 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 Manua1. Permeable Pavements The type(s) of permeable pavement used on yaur property is(CHECK THE BOX(ES)THAT APPLY): ❑ Porous concrete � Poraus asphalt i Permeable pavers ❑ Modular grid pavement MAINTENANCE RESTRICTIONS The area covered by permeable pavement as depicted by the site plan and design details must be maintained as permeable pa�ement and may not be changed without written appraval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELlNES • 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 Ciry of Renton for further instructions. • A typical permeable pavement system has a life expectancy of approxirnately 25 years. To help extend the usefullife of the system,the surface of the permeable pa�ement should be kept clean, stable and free of leaves,debris, and sedunent through regular sweeping or vacuum sweeping. Aggregate fill in modular grid pauement may need periodic surface replenishment. • The owner is responsible for the repair of all ruts, deformation, and/or broken paving grids or pavers. • Modular�-id pavement and permeable pavers filled with gravel or with gravel in the joints may need to be refilled periodically. Page 7 of 7