HomeMy WebLinkAboutRC 20241107000644 Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-1 of 11
Record Date:ll/7/2024 1:54 PM
Electronically Recorded King County,WA
Return Address:
City Clerk's Office
City of Renton
1055 S Grady Way
Renton,WA 98�57
DECLARATION OF COVENAIVT
FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND
�N-SITE BMPS
Grantor: GMD Renton LLLP
Grantee: City of Renton,a Washin�ton municipal coraoration
Legal Description: PTN SW1/4 SEC 17 8�SE1/4 SEC 18,T23N, R5E
Full Legal Descripition on Exhibit C
Assessor's Tax Parcel ID#: 1723059136
IN CONSIDERATIOiV of the approved City of Renton (checko»e of thefollowing)
❑Residential Building Permit �Commercial Building Permit
❑Clearing and Grading Permit �Civil Construction or Utility Permit
for Permit(s)C21005115 (construcrlon/auilding/ut;lityPerm;ru)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. Grantar(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 speci�cations R-42�fl (Profen
Plan�)on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) C21005175 (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
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Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-2 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
treat stormwater an 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 runofFon the Properry.
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 af 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 de5cribing 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 engineers report tv
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,Cty 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 engineers report that ve�i�es 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 Cityrs
intentian 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 seve� {7J 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{129�6}).If the City initiates legal action to
enforce this agreement, the prevailing party in such action is entitled to recove� reasonable
litigation costs and attorney's fees.
5. The Owners are required to obtain written approval fram 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: 20241107000644 Document:COV Rec: $313.50 Page-3 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
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 Ueclaration of Covenant is intended to protect the value and desirability and pramote
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 properly records.
IN WITNESS WHEREOF, this Declaration of Covenant far the Inspection and Maintenance of
Drainage Facilities is executed this day of ,20 24
See attached
GRANTOR,owner of the Property
Page 3 of ��
Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-4 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
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Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-5 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
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Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-6 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
EXHIBIT A-ONSITE BMP SITE PLAN
GRAPHIG SCALE PROJECT PARCEL NUMBER:
0 30 60 120 1723q5-9136
PROJECT ADDRESS: 625 WILLIAMS AVE S
TGITAL SITE ACREAGE: 1.28ac
1"=60 FEET TOTAI.IMPERVIOUS AREA: 1.13 ac
BMPS USED:GRASS PAVE, DETENTION TANK,AND
N BIOPOD PROPRIETARY WQ SYSTEM,VEGETATED
I ROOF
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Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-7 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
EXHIBIT B-OPERATIONS AND MAINTENANCE
MAINTENANCE INSTRUCTIONS FOR VEGETATED PERMEABLE
PAVEMENT (GRA,SSED MODULAR GRID PAVEMENT)
Your property contains an on-site BMP(tsest 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 praperty.
Grassed modular grid pavement has the runoff characteristics of a lawn wlule 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
T'he composition and azea of grassed modulaz 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 insgecrion 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 stabilizarion is planned(except for mowing and periodic maintenance),contact
the pavement installer or the City of Renton for fiuther 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 instcuctions is to e�cplain to future property owners,the purpose of the BMP and how it must be
maintained and operated.These instsuctions are intended to be a**�;n;*num;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.
. Page 7 of 11
Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-8 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
MAINTENANCE INSTRUCTIONS F4R SOIL AMENDMENT
Your property contains an on-site BMP(best management practice)called"soi!amendment,"which
was installed to mitigate the stormwater quantity and quality impacts of some or all of the pervious
surfaces on your properly.
Soil amendment is a method of regaining greater stormwater functions in the gost development
landscape by increasing treatment of pollutants and sediments,and minimizing the need for some
landscaping chemicals.To be successful,the soil condition must he able to soak water into the ground
for a reasonable number of yeazs.This on-site BMF shall be maintained per Append'uc 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 fram the City of Renton.
INSPECTIOPI FREQUENCY AND MAINTENANCE GUIDELINES
To be successful,the soil must be able to soak water into the ground for a ressonable number of years.
� Return leaf fall and shredded woody materials from the landscage to the site when possible in
order to replenish soil nutrients and structure.
• On turf areas,"grasscycle"(mulch-mow or leave the clippings)to bwild 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 an.d 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 he recorded as an attachment to the
required declarallon 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 additioaal instructions
based an site�pecific conditions.See the City of Renton's Surface Water Design Manual website for
add.itional informarion and updates.
Page 8 of 11
Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-9 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
MA,INTENANCE INSTRUCTIONS FOR VEGETATED ROOFS
Your property contains an on-site BMP(best management practice)called a"vegetated roof,"wluch
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
he maintained and may not be changed without written approval from the City af Renton or
through a future development permit&om the City of Renton.
• Vegetated roofs must not be subject to any use that would significantly compact the soil.
INSPEC710N FREQUENCY AND MAINTENANCE GIJIDELINES
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,tizey should he 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 roofs vegetation.
• Vegetation should be maintained as follaws:
(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-sibe BMP maintenance and ogeration 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 Ciry 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.
Page 9 of 11
Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-10 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
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Instrument Number: 20241107000644 Document:COV Rec: $313.50 Page-11 of 11
Record Date:ll/7/2024 1:54 PM King County,WA
EXHIBIT C
LEGAL DESCRIPTION OF PROPERTY
Pazcel Z of Declaration of Lot Combination recorded under King County Recording No.
20220426000721,described as follows:
THAT PORTION OF TI�SOUT�IWEST QUARTER OF TI�SOUTHWEST QUARTER OF
SECTION 17 AND OF TI�SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18,ALL IN TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.,RENTON,KING COUNTY,
WASHIlVGTON,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COA�IlVIENCING AT TI-iE SOUTHEAST CORNER OF SAID SECTION 18;
THENCE NORTH 89°43'12"WEST,ALONG THE SOUTH LINE OF SAID SECTION 18,39.52
FEET TO TI�TRUE POINT OF BEGINNING;
TI�NCE CONTIN[JII�TG ALONG SAID SOUTH LINE,NORTH 89°43'12"WEST,78.48 FEET TO A
POINT 118 FEET WEST QF SAID SOUT'HEAST CORNER OF SAID SECTION 18;
THENCE NORT'H 73°35'O1"EAST,62.05 FEET TO TI�EASTERLY LINE OF A TRACT
CONVEYED BY RENTON COOPERATIVE COAL COMPAlYY TO CLAUSE JORGENSEN BY
DEED BEARiNG RECORDING NO. 155011,SAID POINT BEING A POINT ON A NON-TANGENT
CURVE,Tf�RADNS OF WHICH BEARS NORTH 47°53'40"EAST;
'TI�NCE NORTHWESTERLY ALONG SAID EASTERLY LINE AND'TI�ARC OF A CURVE
CONCAVE TO THE NOR'fI�AST,HAVING A RADNS OF 586.36 FEET,THROUGH A
CENTRAL ANGLE OF 30°51'41",AND AN A.RC LENGTH OF 315.83 FEET TO A POINT 190.31
FEET SOUTH OF AND PARAI,LEL WITH THE SOUTH LINE OF BLOCK 28,TOWN OF RENTON,
ACCORDING TO THE PLAT Tf�REOF RECORDED IN VOLUME 1 OF PLATS,PAGE 135,IN
KING COUNTY,WASHINGTON;
TI�NCE SOiTTH 88°24'S5"EAST ALONG SAID PAItALLEL LINE,281.35 FEET TO TI�WEST
RIGHT-OF-WAY MARGIN OF WII,LIAMS AVENUE SOUTH;
TI�NCE SOLTTH O1°28'34"WEST,ALONG SAID MARGIN, 183.75 FEET TO TI�NORTI�RLY
RIGHT-OF-WAY MARGIN 4F SOUTH GRADY WAY,ALSO BEING A POINT ON A NON-
TANGENT CURVE,TI�RADNS OF WHICH BEARS NORTH 43°03'42"WEST;
TI-IENCE SOUTHWESTERLY ALONG SAID MARGIN AND THE ARC OF A CURVE CONCAVE
TO Tf�NORTHWEST,HAVIl�TG A RADNS OF 3,780.07 FEET,THROUGH A CENTRAL ANGLE
OF 02°23'18",AND AN ARC LENGTH OF 157.75 FEET TO T'HE TRLTE POINT OF BEGINNING.
(APPROXIMATELY 58,235.81 SQUARE FEET, 1.337 ACRES)
Page 11 of 11