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HomeMy WebLinkAboutDeclaration of CovenantPage 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. Page 3 of ___ 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 TITLE PARCEL B APN. 172305-9136 TITLE PARCEL DAPN. 182305-9282 TITLE PARCEL AAPN. 172305-9069 TITLE PARCEL CAPN. 182305-9115 3131 3232 323232 3232 3333 3333 MAINTENANCE INSTRUCTIONS FOR VEGETATED PERMEABLE PAVEMENT (GRASSED MODULAR GRID PAVEMENT) Your property contains an on-site BMP (best management practice) called “grassed modular grid pavement,” which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property. Grassed modular grid pavement has the runoff characteristics of a lawn while providing the weight- bearing capacity of concrete pavement. The grassed surface not only minimizes runoff quantity, it helps to filter pollutants generating by vehicular use of the surface. MAINTENANCE RESTRICTIONS The composition and area of grassed modular grid pavement 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 • Grassed modular grid pavement 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, or if any modification, surface restoration or stabilization is planned (except for mowing and periodic maintenance), contact the pavement installer or the City of Renton for further instructions. • The grassed surface of the pavement must be regularly mowed and maintained in a good condition. Bare spots must be replanted in the spring or fall. RECORDING REQUIREMENT These vegetated permeable pavement 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. 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 years. 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 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 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 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. MAINTENANCE INSTRUCTIONS FOR VEGETATED ROOFS Your property contains an on-site BMP (best management practice) called a “vegetated roof,” which was installed to minimize the stormwater runoff impacts of the impervious surfaces on your property. Vegetated roofs (also called green roofs) consist of a pervious growing medium, plants, and a moisture barrier. The benefits of this device are a reduction in runoff peaks and volumes due to the storage capabilities of the soil and increased rate of evapotranspiration. This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual. MAINTENANCE RESTRICTIONS • The composition and area of vegetated roof 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. • Vegetated roofs must not be subject to any use that would significantly compact the soil. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES Vegetated roofs (also called green roofs) consist of a pervious growing medium, plants, and a moisture barrier: • Vegetated roofs must be inspected annually for physical defects and to make sure the vegetation is in good condition. • If erosion channels or bare spots are evident, they should be stabilized with additional soil similar to the original material. • A supplemental watering program may be needed the first year to ensure the long-term survival of the roof's vegetation. • Vegetation should be maintained as follows: (1) Vegetated roofs must not be subject to any use that would significantly compact the soil; (2) Replace all dead vegetation as soon as possible; (3) Remove fallen leaves and debris; (4) Remove all noxious vegetation when discovered; (5) Manually weed without herbicides or pesticides RECORDING REQUIREMENT These vegetated roof 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 VEGETATED ROOF CROSS-SECTION TITLE PARCEL A (APN. 172305-9069): THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 AND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., RENTON, KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE ABANDONED RENTON MINE SPUR RIGHT-OF-WAY WITH THE SECTION LINE BETWEEN SECTIONS 17 AND 18, SAID POINT BEING 28.4 FEET NORTH OF THE SECTION CORNER COMMON TO SECTIONS 17, 18, 19 AND 20, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 4.33 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTHERLY MARGINAL LINE OF GRADY WAY AND THE TRUE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT; THENCE NORTHEASTERLY ALONG SAID MARGINAL LINE ON A CURVE TO LEFT, WITH A RADIUS OF 3780 FEET, A DISTANCE OF 109.01 FEET MORE OR LESS TO ITS INTERSECTION WITH THE WEST LINE OF WILLIAMS STREET; THENCE ALONG SAID WEST LINE NORTH 1°29'09" EAST 86.00 FEET TO A POINT 288.31 FEET SOUTH OF THE SOUTHEAST CORNER OF BLOCK 28 OF THE TOWN OF RENTON PLAT; THENCE NORTH 88°23'51" WEST 199.05 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE SAID RENTON MINE SPUR RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE ON A CURVE TO THE LEFT WITH A RADIUS OF 536.35 FEET, A DISTANCE OF 202.32 FEET MORE OR LESS TO THE NORTHERLY MARGIN OF GRADY WAY AND THE TRUE POINT OF BEGINNING. TITLE PARCEL B (APN. 172305-9136): THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17 AND OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF THE ABANDONED RENTON MINE SPUR RIGHT-OF-WAY WITH THE SECTION LINE BETWEEN SECTIONS 17 AND 18, SAID POINT BEING 28.4 FEET NORTH OF THE SECTION CORNER COMMON TO SECTIONS 17, 18, 19 AND 20, ALL IN TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY 4.33 FEET MORE OR LESS TO ITS INTERSECTION WITH THE NORTHERLY MARGINAL LINE OF GRADY WAY; THENCE NORTHEASTERLY ALONG SAID MARGINAL LINE ON A CURVE TO THE LEFT WITH A RADIUS OF 3780 FEET, A DISTANCE OF 109.01 FEET MORE OR LESS TO ITS INTERSECTION WITH THE WEST LINE OF WILLIAMS STREET; THENCE ALONG SAID WEST LINE NORTH 1°29'09"EAST 86.00 FEET TO A POINT 288.31 FEET SOUTH OF THE SOUTHEAST CORNER OF BLOCK 28 OF THE TOWN OF RENTON PLAT AND THE TRUE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT; THENCE CONTINUING NORTH 1°29'09"EAST 98.00 FEET TO A POINT 190.31 FEET SOUTH OF SAID SOUTHEAST CORNER OF BLOCK 28; THENCE NORTH 88°23'51"WEST 235.22 FEET MORE OR LESS TO THE EASTERLY LINE OF SAID RENTON MINE SPUR RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE ON A CURVE TO THE LEFT WITH A RADIUS OF 536.35 FEET, A DISTANCE OF 104.51 FEET; THENCE SOUTH 88°23'51"EAST 199.05 FEET TO THE WEST LINE OF WILLIAMS STREET AND THE TRUE POINT OF BEGINNING. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES OVERLY THE WESTERLY 10 FEET IN WIDTH OF THAT PORTION OF SAID SUBDIVISION LYING EASTERLY OF SAID RENTON MINE SPUR RIGHT-OF-WAY SOUTH OF THE ABOVE DESCRIBED TRACT, AND NORTHWESTERLY OF SAID GRADY WAY. TITLE PARCEL C (APN. 182305-9115): THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE WEST ALONG SAID SOUTH LINE 41.6 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED BY RENTON COOPERATIVE COAL COMPANY TO CLAUSE JORGENSEN BY DEED BEARING RECORDING NUMBER 155011; THENCE NORTHWESTERLY WITH A 9°47' RIGHT CURVE THROUGH 37°8' A DISTANCE OF 379.56 FEET TO THE NORTHERLY CORNER OF SAID JORGENSEN TRACT; THENCE NORTHERLY ALONG A LINE WHICH IS 30 FEET EASTERLY OF THE EASTERLY MARGIN OF THE RIGHT OF WAY HERETOFORE DEEDED TO THE NORTHERN PACIFIC AND PUGET SOUND SHORE RAILROAD AND RECORDED IN VOLUME 137 OF DEEDS, PAGE 423, RECORDS OF KING COUNTY, WASHINGTON, TO ITS INTERSECTION WITH THE SOUTH LINE OF 6TH STREET; THENCE EAST ALONG SAID SOUTH LINE AND ITS EASTERLY PRODUCTION TO THE WESTERLY LINE OF A TRACT CONVEYED BY CLAUSE JORGENSEN TO ANDREW PETER JORGENSEN BY DEED BEARING RECORDING NUMBER 167312; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE WITH 10°42' LEFT CURVE THROUGH 47°1' TO THE EAST LINE OF SAID SECTION 18; THENCE SOUTH ALONG SAID EAST LINE 28.4 FEET TO THE PLACE OF BEGINNING; EXCEPT THAT PORTION THEREOF, IF ANY, LYING WITHIN THE FOLLOWING: BEGINNING AT A POINT ON THE WEST MARGIN OF WILLIAMS STREET, 100 FEET SOUTH OF THE SOUTHEAST CORNER OF BLOCK 28, TOWN OF RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON; THENCE NORTH ALONG SAID WEST MARGIN 50 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 28, 120 FEET; THENCE NORTH PARALLEL WITH THE WEST MARGIN OF WILLIAMS STREET, 50 FEET TO THE SOUTHEAST CORNER OF LOT 10, SAID BLOCK 28; THENCE WEST 120 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 28; THENCE SOUTH ALONG THE PRODUCED WEST LINE OF SAID BLOCK 28, 7 FEET; THENCE WEST PARALLEL WITH THE PRODUCED SOUTH LINE OF SAID BLOCK, 10.2 FEET; THENCE SOUTH 48 FEET TO THE EASTERLY MARGIN OF THE ABANDONED RENTON COAL MINE SPUR RIGHT OF WAY; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN ON A 10°42' CURVE TO THE LEFT TO A POINT 100 FEET, MEASURED PARALLEL WITH SAID WEST MARGIN OF WILLIAMS STREET, SOUTH OF SAID SOUTH LINE OF BLOCK 28; THENCE EAST PARALLEL WITH SAID SOUTH LINE TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION LYING NORTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST MARGIN OF WILLIAMS STREET, 190.31 FEET SOUTH OF THE SOUTHEAST CORNER OF BLOCK 28, TOWN OF RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING COUNTY, WASHINGTON; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 28 TO A POINT ON THE WEST LINE OF PARCEL A AND THE TERMINUS OF THE LINE DESCRIBED HEREIN; AND EXCEPT ANY PORTION THEREOF LYING WITHIN THAT PORTION OF RIGHT OF WAY DEEDED TO NORTHERN PACIFIC AND PUGET SOUND SHORE RAILROAD AND RECORDED IN VOLUME 137 OF DEEDS, PAGE 423, IN KING COUNTY, WASHINGTON; AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOR SOUTH GRADY WAY. TITLE PARCEL D (APN. 182305-9282): THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 18 A DISTANCE OF 118 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION, SAID POINT BEING THE MOST WESTERLY CORNER OF A TRACT OF LAND CONVEYED TO SEATTLE-TACOMA INTERURBAN RAILWAY BE DEED BEARING RECORDING NO. 262640; THENCE NORTH 74°20' EAST 61 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED BY RENTON COOPERATIVE COAL COMPANY TO CLAUSE JORGENSEN BY DEED BEARING RECORDING NO. 155011; THENCE SOUTH EASTERLY ALONG SAID EASTERLY LINE 75 FEET TO THE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.