HomeMy WebLinkAboutBuilding B - Facility and on-site BMP covenant
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Return Address:
City Clerk’s Office
City of Renton
1055 S Grady Way
Renton, WA 98057
DECLARATION OF COVENANT AND EASEMENT FOR INSPECTION
AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS
Grantor:
Grantee: City of Renton
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,
subdivision permit, or short subdivision permit for application file No.
LUA/SWP_______________________ 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, a
political subdivision 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 __________ on file with the City of
Renton and submitted to the City of Renton for the review and approval of permit(s)
_____________________________. The property's drainage facilities are shown and/or listed on Exhibit
A. The property’s drainage facilities shall be maintained in compliance with the operation and
maintenance schedule included and attached herein as Exhibit B. 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 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 30 days written notice to the Owners that entry on the Property is
x
20-000305
C21-001020
Solera Market, LLC
7227801205
That portion of Block 39 Corrected Plat of Renton Highlands No.2 , according to the plat
recorded in Volume 57 of plats. Refer to Exhibit C for the complete legal description.
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planned for the inspection of drainage facilities. After the 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 days of receiving the City’s notice of inspection. Within 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 required maintenance, repair,
restoration, and/or mitigation 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
maintenance and/or repair work will begin immediately.
4. The Owners shall assume all responsibility for the cost of any maintenance, repair 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.
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
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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
Solera Market, LLC
per Solera Manager, LLC
It's Managing Member
Tom Neubauer, Managing Member
EXHIBIT A - SITE PLAN
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
device must be reliably able to soak water into the ground for a reasonable number of years.
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, 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 of these devices.
• For roofs, frequent cleaning of gutters will reduce sediment loads to these devices.
EXHIBIT B - OPERATIONS AND MAINTENANCE
RECORDING REQUIREMENT
These full infiltration 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 FULL INFILTRATION APPLICATIONS
6"
24"
12"
24"
WASHED ROCK 1 12"- 34"
LEVEL
INFILTRATION TRENCH
SECTION ANTS
PLAN VIEWNTS
SECTION VIEW
NTS
VARIES
A
A
6"
6"
4" RIGID OR 6"FLEXIBLEPERFORATEDPIPE
CB SUMP w/SOLID LID ROOF DRAIN
4" RIGID OR 6" FLEXIBLEPERFORATED PIPE
OVERFLOW
SPLASH BLOCK
ROOF DRAIN
CB SUMP w/SOLID LID
12"
FINE MESHSCREEN
SETBACKFROMBUILDING5' MIN.
1' MIN.1' MIN.
FILTER FABRIC
COMPACTED BACKFILL
4" RIGID OR 6" FLEXIBLE
PERFORATED PIPE
112" - 34" WASHED ROCK
MIN. 1' ABOVE SEASONALHIGH GROUNDWATERTABLE, SEE SECTION C.2.2.2
TRENCH SETBACK FROMBUILDING AS REQUIRED,15' MIN.
DRIVEWAY
X-SECTION
NTS
2' MIN.
FILTER STRIPSEE SECTIONS6.3.4 & 6.3.5
18" MIN.
6" MIN.
3/4" TO 1-1/2"WASHED DRAINROCK
GRASS
OVERFLOW
NOTE:SEE C.2.2.3 FOR
TRENCH LENGTHS,TRENCH SPACING ANDSITE LIMITATIONS
MIN. 1' ABOVESEASONAL HIGHGROUNDWATERTABLE, SEESECTION C.2.2.2
X-SECTION
NTS
GRASS
2' MIN.
18" MIN.
6" MIN.
3/4" TO 1-1/2"WASHED DRAINROCK
OVERFLOW
15' MIN. ASREQUIRED,SEE C.2.2.3
FROM ROOF
NS T T S
MIN. 1' ABOVESEASONAL HIGHGROUNDWATERTABLE, SEESECTION C.2.2.2
HOUSE
FLOW
48 INCH DIAMETERHOLE FILLED WITH
1 12" - 3" WASHEDDRAIN ROCK
SECTIONNTS
MARK CENTER OF HOLEWITH 1" CAPPED PVCOR OTHER MEANSFLUSH WITH SURFACE
ROOF DOWNSPOUT
OVERFLOW
SPLASH BLOCK TOPSOIL
FINE MESH SCREEN
MIN. 4" DIA.PVC PIPE
SIDES OF HOLELINED WITHFILTER FABRIC
CATCH BASIN(YARD DRAIN)
15' MIN. AS REQUIRED, SEE SECTION C.2.2.3
VARIES
1' MIN.
MIN. 1' ABOVE SEASONALHIGH GROUNDWATER TABLE,SEE SECTION C.2.2.2
5' MIN. SETBACKFROM BUILDING
FLOW
PLAN VIEWNTS
HOUSE
ROOFDOWNSPOUT
ROOFDOWNSPOUT
CATCH BASIN(YARD DRAIN)
48 INCH DIAMETERHOLE FILLED WITH1 12" - 3" WASHEDDRAIN ROCK
EXHIBIT B
LEGAL DESCRIPTION
That portion of Block 39, Corrected Plat of Renton Highlands No. 2, according to the
plat recorded in volume 57 of plats, pages 92 – 98, inclusive, in king county,
Washington, described as follows:
Commencing at the southeast corner of said Block 39;
Thence North 54°36’19” West 90.00 feet to the point of beginning;
Thence North 35°46’47” East 125.00 feet;
Thence South 54°36’19” East 68.00 feet;
Thence North 35°46’47” East 466.83 feet to a curve concave to the West, having a
radius of 15.00 feet;
Thence Northerly along said curve, through a central angle of 90°04’48”, an arc
distance of 23.58 feet;
Thence North 54°18’02” West 181.86 feet to a curve concave to the South, having a
radius of 15.00 feet;
Thence Westerly along said curve, through a central angle of 90°00’00”, an arc
distance of 23.56 feet;
Thence South 35°41’58” West 390.30 feet;
Thence South 35°19’13” West 193.66 feet to a non-tangent curve concave to the
East, having a radius of 15.00 feet, the center of which bears South 78°09’36” East;
Thence Southerly along said curve, through a central angle of 66°26’43”, an arc
distance of 17.40 feet;
Thence South 54°36’19” East 127.96 feet to the point of beginning.
Solera Market EXHIBIT C