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Home My WebLink AboutL_Huynh Lot 2_Sub4_Declaration of Covenant_240102_v4_SignedPage 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 Page 2 of ___ 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. EXHIBIT A - ON-SITE BMP SITE PLAN TOTAL LOT/SITE AREA (SF): NEW/REPLACED IMPERV. AREA (SF): ON-SITE BMP(S) USED: MAX. IMPERVIOUS SURFACE ALLOWED (SF): PERMIT NUMBER: PARCEL NUMBER: DISTURBED AREA (SF): 042305-9424 7,789 SQ. FT.3,038 SQ. FT. LIMITED INFILTRATION TRENCH, PERMEABLE PAVEMENT, AMENDED SOIL (FOR CONSTRUCTION ENTRANCE) 7,789 SQ. FT. / 0.18 AC ADDRESS TBD 4,284 SF (55%) NORTH 2007 UNION AVE NE PAGE 4 OF 8 Attachment 2 Maintenance & Operations Manual 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 ofRenton'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 D Permeable pavers D 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 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 isworking properly. More frequent inspection is recommended. •Prolonged ponding or standing water on the pavement surface is a sign that the system isdefective and may need to be replaced. If this occurs, contact the pavement installer or the Cityof Renton for further instructions. •A typical permeable pavement system has a life expectancy of approximately 25 years. To helpextend the useful life of the system, the surface of the permeable pavement should be keptclean, stable and free of leaves, debris, and sediment through regular sweeping or vacuumsweeping. Aggregate fill in modular grid pavement may need periodic surface replenishment. •The owner is responsible for the repair of all ruts, deformation, and/or broken paving grids orpavers. •Modular grid pavement and permeable pavers filled with gravel or with gravel in the jointsmay need to be refilled periodically.