The URL can be used to link to this page

Home My WebLink AboutRC 20240607000452 Instrument Number: 20240607000452 Document:COV Rec: $309.50 Page-1 of 7 Record Date:6/7/2024 11:21 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 INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Tuscany Construction, LLC Grantee: Citv of Renton, a Washin�ton municipal corporation Legal Description: Lot 2, City of Renton Short Plat Number LUA23-000075, Recorded Under Recording Number 20230811900003, Records of King County, Washington Assessor's Tax Parcel ID#: 032305-9245 IN CONSIDERATION of the approved City of Renton (check one of thefollowing) ./❑ Residential Building Permit �Commercial Building Permit ❑Clearing and Grading Permit ❑Civil Construction or Utility Permit for Permit(s) B23006286 (Construction/euilding/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 PR19-000131 (project Plan#) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) B23006286 (Construction/euilding/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: 20240607000452 Document:COV Rec: $309.50 Page-2 of 7 Record Date:6/7/2024 11:21 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 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 2 of 7 Instrument Number: 20240607000452 Document:COV Rec: $309.50 Page-3 of 7 Record Date:6/7/2024 11:21 AM King County,WA P ( � 6. Any notice ar cansent req�ired to be given or otherwise providecf for by the prouisions of this Agreement shal!be efFec�ive upon personal delivery,arthree(3}cia�s after rr�ailing by Certifi�d MaiC, return receipt re�uested. 7. With regarc�to the matters adctressed here�n,this agr�ement carrstit�a�es the entire agre�ment bet�nreen the parties, and supersedes ali priar dis�ussians, negotiations, and all agreements whatsaever whether oral ar�nrritten. 8. This Declar�tior� of Cc�venant is intended tcs pratect the value and desirabitity and promate e�fficient and ef�ec�ive rraar�age�-raent c�f s�rrface water draina�e of�he r�ai prop�rty described akaove, arsd shall inur�to the benefit of aBE the citizens of the City crf Renton and its s�rccessflrs �nd �ss�gns. This Declaratic�n of Covenant shall run rnrittt the land and be k�indin�; upvn Grantar(s)A and Grantc�r'�(s'j sucGessars in interest,ancf assigns, 9. This f�eclaration of Covenarrt may be termenated by executi€�n raf a written agreement by the C}v�rners anc[the City that is recorded by King Caunty En its real prc�per-ty recards. fN WtTNESS WHER , `is Decfaration of t:�venar�t fc� .�he Ins�ectior► and air�tenance a�f � Drair�age �acilifiies` c .��°d � i � "� d�y''�saf � "'�� zQ '" �� ;� � ��°� � �'`��,�''"g�^ ,��'�� , � �,�'",�",,�'`� ,�' GRAfV70 c� i�ter af�he roperty �RARITC7R,awner ofi the Property Rabert enzlr Mana er Tusca Construc�ion,�LC STATE C�F'WASHINGTCDfV } �4�t1l41TY C?F KfNG �ss. � Or�fihis clay perso�ta({y appeaa�ed befrar-e me: � � � �`�`" t€� me kr�own tc� be the individual(s) �tescribed ir� �nd whra �xecu�ed the within and fc�regoing instrument and acknowl�dged that they signed the same as the�r free an�!voluntary act and deed, or the uses and p�arposes therein stated. E�iven ur�der my hand anct ofFiciaf seal this ay af �� 2t� '�" . M� � - � � � � �� i�f J�►�#� --_w._ ��AR�'Ptl�L1C��3�� Printec�name � �"��'��,r,q�p�►��- Notary Pubkic in�nd fcr�he state af ��iC��d �� fash�ngton,residing at ��.� ��, z�� .� v RV�y appa'rntment exp'sres * „ �_ Page 3 af 7 Instrument Number: 20240607000452 Document:COV Rec: $309.50 Page-4 of 7 Record Date:6/7/2024 11:21 AM King County,WA EXHIBIT A — �_. �., ------ w. -- - --� .�� , � �``� � , ,�:� � rvE�arH s�� i , , � � 1 �ti� � ` �` �, :... .......�, .��. ..�, � �A�icNnory o�� , � � DE � `� T �� °ti �-------� --- — � -� � �------ ��:., �` --- .� i � � ,� — —.. °� .: ,'. � •�. . , .. , .n � � . � r �..: '� _ � ��• .... ... �,..� � ., � `a 1 ---- — - �. ,.�.. .. . -., .,.. � . . a.��° . , .. �':.. ..a '� . ' ... +: `� � '�p • �; a � �, , . r;: Z AM�NDED � u � ,� . s •: .. W SO/L5 � � °, � ' � ` �, . . , . e � � � � •: . /� � � w,: w . J e � ,.�p w.. ':a• `� � � °� � e" ' * �� Q �.,..,.. e ��. f � � _ ° . � � .�,.��,p. � . ...�� ... � Y P^ � � �—�� .�. �1�1�� @ � ? r .__. .... `4�. I � � l �� ,�M _. . , W `� ��` � � �� C � � � � ° � awvNwc fi -° �� /NF/L TRAT`ON �'` � �P��A�> � � TRENCH(TYP) I LOT 1 I � � I-: � � � � ,� �LOT2 °, � �, � � ; �` � , �- r� ��.�� STO �1 ORAIN ,� � ° I � .'� � �� PI�E (TYP) — — � J �t — � ��. — ,x • �� —— � � �� n� �� „ �� — � 'd — —-� nt.� .. , a, �,, �„� �°', .. , � �� m� �� . . � e,.� � x � � . �w,v. —— . — __ _..m . q ——�— — � ... ..,... . � ..w.,... . �.,. � d,,,�. �,. .�.....,. ., .� � � �,, SCALE: 1" = 40� Page 4 of 7 a �0 20 40 DECLARATION OF COVENANT Instrument Number: 20240607000452 Document:COV Rec: $309.50 Page-5 of 7 Record Date:6/7/2024 11:21 AM King County,WA ,� i+ ;{ hE �f ;; 'I � Exhibit B — Operations and Maintenance (� � ;1 ?� '�!: s1. ;ti Y� 1 i� �;i iJ ,°i� ii; ;1 ti ,� :r `� 'Y,` i '4 1 ,{ i"; « � 1 �S i ji i�a a f� ?i{ ,ii d �y, '-{ 1 ;{ l 4� I„ � d' i � � Page 5 of 7 �., . .. � w.�___.._M_.,� Instrument Number: 20240607000452 Document:COV Rec: $309.50 Page-6 of 7 Record Date:6/7/2024 11:21 AM King County,WA MAINTENANCE INSTRUCTIONS FOR FULL INFILTRATION Your property contains an on-site BMP (best management practice) called"full infiltration,"which was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious surfaces on your property. Full infiltration is a method of soaking runoff from impervious area(such as paved areas and roofs) into the ground. If properly installed and maintained per Appendix A of the City of Renton's Surface Water Design Manual, full infiltration can manage runoff so that a majority of precipitation events are absorbed. 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 condition around the infiltration devicc must be reliably able to soak watcr into thc ground for a rcasonablc numbcr of ycars. In�ltration 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, ❑ground surface depressions. 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 • Infiltration devices must be inspected annually and after major storm events to identify and repair any physical defects. • Maintenance and operation of the system should focus on ensuring the system's viability by preventing sediment-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 accumulation must be removed on a yearly basis or more frequently if necessary. • Prolonged ponding around or atop 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 ofthese devices. • For roofs,frequent cleaning of gutters will reduce sediment loads to these devices. Page 6 of 7 Instrument Number: 20240607000452 Document:COV Rec: $309.50 Page-7 of 7 Record Date:6/7/2024 11:21 AM King County,WA 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 thc 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.13.4 of the City of Renton Surfczce Wczter Design Manuczl. 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. Pagc 7 of 7