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HomeMy WebLinkAboutRC 20240830000979 liii l l 11 1111111 III Il 11 1111111111 Return Address: 20240830000979 City Clerk ' s Office COVENANT Rec:$313.50 8/30/2024 2:58 PM City of Renton KING COUNTY,WA 1055 S Grady Way Renton, WA 98057 *Document being re-recorded at request of City of Renton per revisions to pages 4 and Appendix A. Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in) 1. DECLARATION OF COVENANT 2. 3. 4. Reference Number(s) of Documents assigned or released: 20230630000268 Additional reference#'s on page of document Grantor(s) Exactly as name(s)appear on document 1. SSHI LLC, dba D.R. HORTON 2. Additional names on page of document. Grantee(s) Exactly as name(s)appear on document 1. City of Renton, a Washington municipal corporation 2. Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) NE QTR SEC 14 TWP 23N RGE 5 E W.M. , KING COUNTY See Exh. C for Full Legal Description Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 145750-0025 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and referred to as an emergency nonstandard document),because this document does not meet margin and formatting requirements.Furthermore,I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter:Do not sign above nor pay additional$50 fee if the document meets margin/formatting requirements Instrument Number: 20230630000268 Document:COV Rec: S213.50 Page-1 of 11 , Record Date:6/30/2023 10:00 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: SSHI, LLC Grantee: City of Renton,a Washington municipal corporation Legal Description: NE QTR SEC 14 TWP 23N RGE 5E W.M., KING COUNTY See Exhibit C for full legal description Assessor's Tax Parcel ID#: 145750-0025 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)C19004791 (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 TED-40-4091 (Project Plan#) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) C19004791 (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 1 of 11 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 11 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 2144day of 5V NE , 202-3 . GRANTOR,o er the Property STATE OF WASHINGTON COUNTY OF KING )ss. On this day personally appeared before me: JSh\e 3--dnfl , to me known to be the individual(s) described in aru 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. 4.h Given under my hand and official seal this 29 day of -One.—rt 20 2-3 . ;••o M•Ex4....•2 �. Printed name • ;.g• • of O Notary Public in and for the State of t NO T,gRy N; — Washington, residing at PUeUC •z (i3 00Ci k qa\Q CA A se.ZO ',e��WA SN\\-4 My appointment expires ODD/1 0 /2J1— Page 3 of 11 r • I Re Or �� �"• r (01� 4 p�i+ia)13i1i1 EXHIBIT A: SITE PLAN MAPLE HIGHLANDS TRACTC 162/VD AVE SE \\,. \ ,_ ::,%:. ii‘. 1 2 PUBLIC STORM " L— — — — 1 LINE le I 1 F - - - --1 13 J 1 lk T I 3 I r PRIVATE TYPE 1 12 • Oh I F - - - -1 CB OR APPROVED EQUAL (TYP.) — — J - 7- I 4 �: _ . � 1 L � PRIVATE PRI VA TE r- -I ;,� r _ _ _ 1 TRENCH INTERCEPTOR )INTERCEPTOR I 11 I r --1 TRENCH L- - - - _ -,'-I, I 5 I 10 I I- -1 L - - J � H I 6 I f r L - - - _1 6' PVC STORM 9� I "Ii� _ _ - _ 1 STUB WITH CLEAN I I OUT (TYP.) — — I 17 I ! 7 L1I Iol of \ L- - - - TRACTA I 1 8 1 - - - - i d PUBLIC STORM .' p LINE 0) 164TH AVE SE NORTH GRAPHIC SCALE 0 50 100 150 Ir `� Page 4 of 10 1 INCH=100 FT. EXHIBIT B - OPERATIONS AND MAINTENANCE 1. Appendix A "Maintenance Requirements for Stormwater Facilities and On-site BMPs" from the 2022 City of Renton Surface Water Design Manual. APPENDIX A MAINTENANCE REQUIREMENTS FOR STORM WATER FACILITIES AND ON-SITE BMPS NO. 5-CATCH BASINS AND MANHOLES MAINTENANCE DEFECT OR CONDITION WHEN MAINTENANCE RESULTS EXPECTED WHEN COMPONENT PROBLEM IS NEEDED MAINTENANCE IS PERFORMED Structure Sediment Sediment exceeds 60%of the depth from Sump of catch basin contains no sediment. accumulation the bottom of the catch basin to the invert of the lowest pipe into or out of the catch basin or is within 6 inches of the invert of the lowest pipe into or out of the catch basin. Trash and debris Trash or debris of more than''/cubic foot No Trash or debris blocking or potentially which is located immediately in front of the blocking entrance to catch basin. catch basin opening or is blocking capacity of the catch basin by more than 10%. Trash or debris in the catch basin that No trash or debris in the catch basin. exceeds 1/3 the depth from the bottom of basin to invert the lowest pipe into or out of the basin. Dead animals or vegetation that could No dead animals or vegetation present generate odors that could cause within catch basin. complaints or dangerous gases(e.g., methane). Deposits of garbage exceeding 1 cubic No condition present which would attract or foot in volume. support the breeding of insects or rodents. Damage to frame Corner of frame extends more than' inch Frame is even with curb. and/or top slab past curb face into the street(If applicable). Top slab has holes larger than 2 square Top slab is free of holes and cracks. inches or cracks wider than%inch. Frame not sitting flush on top slab,i.e., Frame is sitting flush on top slab. separation of more than%inch of the frame from the top slab. Cracks in walls or Cracks wider than%inch and longer than Catch basin is sealed and is structurally bottom 3 feet,any evidence of soil particles sound. entering catch basin through cracks,or maintenance person judges that catch basin is unsound. Cracks wider than%inch and longer than No cracks more than 1/4 inch wide at the 1 foot at the joint of any inlet/outlet pipe or joint of inlet/outlet pipe. any evidence of soil particles entering catch basin through cracks. Settlement/ Catch basin has settled more than 1 inch Basin replaced or repaired to design misalignment or has rotated more than 2 inches out of standards. alignment. Damaged pipe joints Cracks wider than'/s-inch at the joint of the No cracks more than%-inch wide at the inlet/outlet pipes or any evidence of soil joint of inlet/outlet pipes. entering the catch basin at the joint of the inlet/outlet pipes. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of pollution such as oil,gasoline,concrete slurries or according to applicable regulations.Source paint. control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Inlet/Outlet Pipe Sediment Sediment filling 20%or more of the pipe. Inlet/outlet pipes clear of sediment. accumulation Trash and debris Trash and debris accumulated in No trash or debris in pipes. inlet/outlet pipes(includes floatables and non-floatables). Page 6 of 10 APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS NO. 5-CATCH BASINS AND MANHOLES MAINTENANCE DEFECT OR CONDITION WHEN MAINTENANCE RESULTS EXPECTED WHEN COMPONENT PROBLEM IS NEEDED MAINTENANCE IS PERFORMED Inlet/Outlet Pipe Damaged inlet/outlet Cracks wider than Yz-inch at the joint of the No cracks more than 1/4-inch wide at the (cont.) pipe inlet/outlet pipes or any evidence of soil joint of the inlet/outlet pipe. entering at the joints of the inlet/outlet pipes. Metal Grates Unsafe grate opening Grate with opening wider than 7/8 inch. Grate opening meets design standards. (Catch Basins) Trash and debris Trash and debris that is blocking more Grate free of trash and debris.footnote to than 20%of grate surface. guidelines for disposal Damaged or missing Grate missing or broken member(s)of the Grate is in place and meets design grate grate.Any open structure requires standards. urgent maintenance. Manhole Cover/Lid Cover/lid not in place Cover/lid is missing or only partially in Cover/lid protects opening to structure. place.Any open structure requires urgent maintenance. Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper tools. not working maintenance person with proper tools. Bolts cannot be seated.Self-locking cover/lid does not work. Cover/lid difficult to One maintenance person cannot remove Cover/lid can be removed and reinstalled remove cover/lid after applying 80 lbs.of lift. by one maintenance person. Page 7 of 10 • APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE I3MPS NO. 6-CONVEYANCE PIPES AND DITCHES MAINTENANCE DEFECT OR CONDITIONS WHEN RESULTS EXPECTED WHEN COMPONENT PROBLEM MAINTENANCE IS NEEDED MAINTENANCE IS PERFORMED Pipes Sediment&debris Accumulated sediment or debris that Water flows freely through pipes. accumulation exceeds 20%of the diameter of the pipe. Vegetation/root Vegetation/roots that reduce free Water flows freely through pipes. growth in pipe movement of water through pipes. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of pollution such as oil,gasoline,concrete slurries or according to applicable regulations.Source paint. control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Damage to protective Protective coating is damaged;rust or Pipe repaired or replaced. coating or corrosion corrosion is weakening the structural integrity of any part of pipe. Damaged pipes Any dent that decreases the cross section Pipe repaired or replaced. area of pipe by more than 20%or is determined to have weakened structural integrity of the pipe. Ditches Trash and debris Trash and debris exceeds 1 cubic foot per Trash and debris cleared from ditches. 1,000 square feet of ditch and slopes. Sediment Accumulated sediment that exceeds 20% Ditch cleaned/flushed of all sediment and accumulation of the design depth. debris so that it matches design. Noxious weeds Any noxious or nuisance vegetation which Noxious and nuisance vegetation removed may constitute a hazard to City personnel according to applicable regulations.No or the public. danger of noxious vegetation where City personnel or the public might normally be. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of pollution such as oil,gasoline,concrete slurries or according to applicable regulations.Source paint. control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Excessive vegetation Vegetation that reduces free movement of Water flows freely through ditches. growth water through ditches. Erosion damage to Any erosion observed on a ditch slope. Slopes are not eroding. slopes Rock lining out of One layer or less of rock exists above Replace rocks to design standards. place or missing(If native soil area 5 square feet or more,any applicable) exposed native soil. Page 8 of 10 APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS NO. 11 -GROUNDS(LANDSCAPING) MAINTENANCE DEFECT OR CONDITIONS WHEN RESULTS EXPECTED WHEN COMPONENT PROBLEM MAINTENANCE IS NEEDED MAINTENANCE IS PERFORMED Site Trash and debris Any trash and debris which exceed 1 cubic Trash and debris cleared from site. foot per 1,000 square feet(this is about equal to the amount of trash it would take to fill up one standard size office garbage can).In general,there should be no visual evidence of dumping. Noxious weeds Any noxious or nuisance vegetation which Noxious and nuisance vegetation removed may constitute a hazard to City personnel according to applicable regulations.No or the public. danger of noxious vegetation where City personnel or the public might normally be. Contaminants and Any evidence of contaminants or pollution Materials removed and disposed of pollution such as oil,gasoline,concrete slurries or according to applicable regulations.Source paint. control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Excessive growth of Grass or groundcover exceeds 18 inches Grass or groundcover mowed to a height grasslgroundcover in height. no greater than 6 inches. Trees and Shrubs Hazard tree identified Any tree or limb of a tree identified as No hazard trees in facility having a potential to fall and cause property damage or threaten human life.A hazard tree identified by a qualified arborist must be removed as soon as possible. Damaged tree or Limbs or parts of trees or shrubs that are Trees and shrubs with less than 5%of total shrub identified split or broken which affect more than 25% foliage with split or broken limbs. of the total foliage of the tree or shrub. Trees or shrubs that have been blown No blown down vegetation or knocked over down or knocked over. vegetation.Trees or shrubs free of injury. Trees or shrubs which are not adequately Tree or shrub in place and adequately supported or are leaning over,causing supported;dead or diseased trees exposure of the roots. removed. Page 9 of 10 . r j EXHIBIT C - LEGAL DESCRIPTION LOT 6, BLOCK 1 CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, IN KING COUNTY, WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 75 FEET; THENCE EAST 122 FEET; THENCE SOUTH 75 FEET; THENCE WEST 122 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 10 of 10