HomeMy WebLinkAboutRC 20240814000389 Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-1 of 7
Record Date:8/14/2024 11:18 AM
Electronically Recorded King County,WA
Return Address:
City Clerk's Office
City of Renton
1055 5 Grady Way
Renton,WA 98057
DECLARATION OF COVENANT
FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND
ON-SITE BMPS
Grantor: Avon Development, Inc
Grantee: Citv of Renton, a Washin�ton municipal corporation
Legal Description: (ABBREVIATED) HILLMANS LK WN GARDEN OF EDEN#1 LOT 10,
BLK 19. SEE PAGE 7 FOR FULL LEGAL DESCRIPTION.
Assessor's Tax Parcel ID#: 334210-2550
IN CONSIDERATION of the approved City of Renton (checkone of thefollowing)
❑✓ Residential Building Permit �Commercial Building Permit
❑Clearing and Grading Permit ❑Civil Construction or Utility Permit
for Permit(s)B24002050 (cor,struct�or,/aurid�r,y/utrirtyPerm�t�)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
P�an#) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) B24002050 (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 6—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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Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-2 of 7
Record Date:8/14/2024 11:18 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 Cit�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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Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-3 of 7
Record Date:8/14/2024 11:18 AM King County,WA
6. Ai1y r�otice ar conser�t required to 6�c given or atherw�se pravided for by the provisions of this
Agreei�nent sha01 be effeciive Lspon personal delivery,or three (3)d�ys afrter rnailin�by Certificd
Mail, return receipt requested.
7. Witf� regard ta th� matters addressed heo-ein,this agreerne�t constitu�es the entire agreement
between the parCi�s, and supersed�s all prioi� discussions, negotiations, and all agreements
whatsaever whether aral or wriYter�.
8. This �eclara�ion of Cavena�lt is int�nded to prot�ct ti�e value ar7d desirability and pramoie
effici�m�t and effective r�anag@rnent of sLArfac� water drain�ge ot the real pro�aerty descrif�ed
abave, ae�d shatll is�ure to the beroefit of all the ci�azens of the City of Renton and its successars
and assigns. This C7eclar�tiaii of Coves�ant sh�f0 re�n with the 11nd a�1d be binding upor�
Grantar{s), �r�rd ��ar�to�`s(s') s�cc�ssoi�s in �nterest, and assi�ns.
9. l�his Dccl�ratian of Cover��e�t �i��y I�� ter�rninat�c� by execution o6 � writfien �agreement by tl�e
C3wners and Yhe C�ity tE-oat is recorded k�y Kin�Couilty or� its re�l pi�o��erty recards.
IN Wll'N�SS WE�EREC7�=, this �PCIc16'c��ICsYV of Coven�nt far tE�e Inspectiori and fVl�intenance of
[7raia��g� Facili�ies is executed t��is;�c���y oF �� _��_, 2p�a�
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si�ned�he s�rT�� as�E��ir�ree �e1d volus�t<�ry act ar-�d deed,for thn uses and p�.ir�oses thereii�statecl.
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Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-4 of 7
Record Date:8/14/2024 11:18 AM King County,WA
EXHIBIT A — ON-SITE BMP SITE PLAN
TOTAL LOT/SITE AREA: 1015 N 35th St, Renton, WA 98056 PERMIT#: 624002050
ADDRESS: 5,329 SF (0.12 AC) PARCEL NUMBER: 3342102550
NEW/REPLACED IMPERV.AREA(SF): 4,003 SF DISTURBED AREA(SF):
ON-SITE BMP(S) USED: Permeable Pavement, Soil Amendment 7,048 SF
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� � PERMEABLE I'�
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AMENDMENT
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_ I � RENTON STD.
PLAN 264.00
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Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-5 of 7
Record Date:8/14/2024 11:18 AM King County,WA
Exhibit B - Operations and Maintenance
,,. .
�1��`�C►—;F?��I�EiL.E,��#rl'�l1I��N7`�i�lllk�'>
MAINTENANCE DEFECT OR CONDITIONS WHEN RESULTS EXPECTED WHEN
COMPONENT PROBLEM MAINTENANCE IS NEEDED MAINTENANCE IS PERFORMED
Preventive SurFace cleaning/ Media surface vacuumed or pressure No dirt,sediment,or debris clogging
vegetation control washed annually,vegetation controlled to porous media,or vegetation limiting
design maximum.Weed growth infiltration.
suggesting sediment accumulation.
Porous Concrete, Trash and debris Trash and debris on the pavement No trash or debris interfering with
Porous Asplialtic interfering with infiltration;leaf drop in fall infiltration.
Concrete,and season.
Permeable Pavers
Sediment Sediment accumulation on the pavement Pavement irifiltrates as designed;adjacent
accumulation interFering with infiltration;runoff from areas stabilized.
adjacent areas depositing sediment/debris
on pavement.
Insufficient infiltration Pavement does not infiltrate at a rete of 10 Pavement infiltrates at a rate greater than
rate inches per hour. 10 inches per hour.
Excessive ponding Standing water for a long period of time on Standing water infiltrates at the desired
the surFace of the pavement. rate.
Broken or cracked Pavement is broken or cracked. No broken pavement or cracks on the
pavement surface of the pavement.
Settlement Uneven pavement surface indicating Pavement surface is uniformly level.
settlement of the subsurface layer.
Moss growth Moss growing on pavement interFering with No moss interferes with infiltration.
infiltration.
Inflow restricted Inflow to the pavement is diverted, Inflow to pavement is unobstructed and not
restricted,or depositing sediment and bringing sediment or debris to the
debris on the pavement. pavement.
Underdrain not freely Underdrain is not flowing when pavement Underdrain flows freely when water is
flowing has been infiltrating water. present.
Overflow not Overflow not controlling excess water to Overflow permits excess water to leave the
controlling excess desired location;native soil is exposed or site at the desired location;Overflow is
water other signs of erosion damage are present. stabilized and appropriately armored.
Permeable Pavers 6roken or missing Droken or missing paving blocks on No missing or broken paving blocks
pavers surFace of pavement. interfering with infiltration.
Uneven surface Uneven surface due to settlement or scour Pavement surface is uniformly level.
of fill in the interstices of the paving blocks.
Compaction Poor infiltration due to soil compaction No soil compaction in the interstices of the
between paving blocks. paver blocks limiting infiltration.
Poor vegetation Grass in the interstices of the paving Healthy grass is growing in the interstices
growth(if applicable) blocks is dead. of the paver blocks.
2022 City of Renton Surface Water Design Manual 6/22/2022
A-41
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Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-6 of 7
Record Date:8/14/2024 11:18 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 stortnwater fiulctions 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 ycars.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 Rcquirement 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.
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Instrument Number: 20240814000389 Document:COV Rec: $309.50 Page-7 of 7
Record Date:8/14/2024 11:18 AM King County,WA
EXHIBIT C- LEGAL DESCRIPTION
L�T ��, BL4CK 19, C.D. HILLMAN'S LAKE INASHINGT�N
GARaEN �F EDEN ADDITI�N T� SEATTLE N�. �, ACC�RDING
T� THE PL►4T THERE�F REC�RDED IN U�LUME 1 � �F PLATS,
PAGE S3, IN KING G�UNTY, WASHINGTQN. TflGETHER WITH
THAT P�RTION OF VACATED ALLEY ADJACENT, WHICH
ATTACHED BY 4PERATI�N OF LAW.
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