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HomeMy WebLinkAboutL_ DECLARATION_OF_ COVENANT_250314_V2.pdfPage 1 of ___ 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: Grantee: City of Renton, a Washington municipal corporation 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 Civil Construction or Utility Permit for Permit(s)_____________________ (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 __________________ (Project Plan #) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) _____________________________ (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 2 of ___ 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 3 of ___ 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 _____ 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 DETENTION VAULTPMT S88°35'44"E 10.00'155.01'S0°49'42"W146.01'P SD SD SD SD 160 15 0 15060303015 FEETSCALE: 0 1 INCH = 30 N EXHIBIT "A" DRAINAGE PLAN FLOW PATH YD SITE INFORMATION: PARCEL(S):3123059073 PARCEL AREA:268,922 SF (± 6.174 ACRES) ADDRESS:5200 TALBOT ROAD S RENTON, WA 98055 ON-SITE BMP(S) USED:DETENTION VAULT DISTURBED AREA:6,290 SF NEW/REPLACED IMP. AREA:0 SF EMERGENCY OVERFLOW STRUCTURE (IN VAULT) CONTROL STRUCTURE 40 X 72TYPE II CB 5' X 10' ACCESS 2' ACCESS 2' ACCESS TYPE II FLAT TOP CB APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 12/12/2016 2017 City of Renton Surface Water Design Manual A-6 NO. 3 – DETENTION TANKS AND VAULTS MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITIONS WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Site Trash and debris Any trash and debris which exceed 1 cubic 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. Trash and debris cleared from site. Noxious weeds Any noxious or nuisance vegetation which may constitute a hazard to City personnel or the public. Noxious and nuisance vegetation removed according to applicable regulations. No danger of noxious vegetation where City personnel or the public might normally be. Contaminants and pollution Any evidence of contaminants or pollution such as oil, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Excessive growth of grass/groundcover Grass or groundcover exceeds 18 inches in height. Grass or groundcover mowed to a height no greater than 6 inches. Tank or Vault Storage Area Trash and debris Any trash and debris accumulated in vault or tank (includes floatables and non-floatables). No trash or debris in vault. Sediment accumulation Accumulated sediment depth exceeds 10% of the diameter of the storage area for ½ length of storage vault or any point depth exceeds 15% of diameter. Example: 72-inch storage tank would require cleaning when sediment reaches depth of 7 inches for more than ½ length of tank. All sediment removed from storage area. Tank Structure Plugged air vent Any blockage of the vent. Tank or vault freely vents. Tank bent out of shape Any part of tank/pipe is bent out of shape more than 10% of its design shape. Tank repaired or replaced to design. Gaps between sections, damaged joints or cracks or tears in wall A gap wider than ½-inch at the joint of any tank sections or any evidence of soil particles entering the tank at a joint or through a wall. No water or soil entering tank through joints or walls. Vault Structure Damage to wall, frame, bottom, and/or top slab Cracks wider than ½-inch, any evidence of soil entering the structure through cracks or qualified inspection personnel determines that the vault is not structurally sound. Vault is sealed and structurally sound. Inlet/Outlet Pipes Sediment accumulation Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. Trash and debris Trash and debris accumulated in inlet/outlet pipes (includes floatables and non-floatables). No trash or debris in pipes. Damaged inlet/outlet pipes Cracks wider than ½-inch at the joint of the inlet/outlet pipes or any evidence of soil entering at the joints of the inlet/outlet pipes. No cracks more than ¼-inch wide at the joint of the inlet/outlet pipe. Access Manhole Cover/lid not in place Cover/lid is missing or only partially in place. Any open manhole requires immediate maintenance. Manhole access covered. EXHIBIT "B" APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 2017 City of Renton Surface Water Design Manual 12/12/2016 A-7 NO. 3 – DETENTION TANKS AND VAULTS MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITIONS WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Access Manhole (cont.) Locking mechanism not working Mechanism cannot be opened by one maintenance person with proper tools. Bolts cannot be seated. Self-locking cover/lid does not work. Mechanism opens with proper tools. Cover/lid difficult to remove One maintenance person cannot remove cover/lid after applying 80 lbs of lift. Cover/lid can be removed and reinstalled by one maintenance person. Ladder rungs unsafe Missing rungs, misalignment, rust, or cracks. Ladder meets design standards. Allows maintenance person safe access. Large access doors/plate Damaged or difficult to open Large access doors or plates cannot be opened/removed using normal equipment. Replace or repair access door so it can opened as designed. Gaps, doesn't cover completely Large access doors not flat and/or access opening not completely covered. Doors close flat; covers access opening completely. Lifting rings missing, rusted Lifting rings not capable of lifting weight of door or plate. Lifting rings sufficient to lift or remove door or plate. APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 12/12/2016 2017 City of Renton Surface Water Design Manual A-8 NO. 4 – CONTROL STRUCTURE/FLOW RESTRICTOR MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITION WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Structure Trash and debris Trash or debris of more than ½ cubic foot which is located immediately in front of the structure opening or is blocking capacity of the structure by more than 10%. No Trash or debris blocking or potentially blocking entrance to structure. Trash or debris in the structure that exceeds 1/3 the depth from the bottom of basin to invert the lowest pipe into or out of the basin. No trash or debris in the structure. Deposits of garbage exceeding 1 cubic foot in volume. No condition present which would attract or support the breeding of insects or rodents. Sediment accumulation Sediment exceeds 60% of the depth from the bottom of the structure to the invert of the lowest pipe into or out of the structure or the bottom of the FROP-T section or is within 6 inches of the invert of the lowest pipe into or out of the structure or the bottom of the FROP-T section. Sump of structure contains no sediment. Damage to frame and/or top slab Corner of frame extends more than ¾ inch past curb face into the street (If applicable). Frame is even with curb. Top slab has holes larger than 2 square inches or cracks wider than ¼ inch. Top slab is free of holes and cracks. Frame not sitting flush on top slab, i.e., separation of more than ¾ inch of the frame from the top slab. Frame is sitting flush on top slab. Cracks in walls or bottom Cracks wider than ½ inch and longer than 3 feet, any evidence of soil particles entering structure through cracks, or maintenance person judges that structure is unsound. Structure is sealed and structurally sound. Cracks wider than ½ inch and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering structure through cracks. No cracks more than 1/4 inch wide at the joint of inlet/outlet pipe. Settlement/ misalignment Structure has settled more than 1 inch or has rotated more than 2 inches out of alignment. Basin replaced or repaired to design standards. Damaged pipe joints Cracks wider than ½-inch at the joint of the inlet/outlet pipes or any evidence of soil entering the structure at the joint of the inlet/outlet pipes. No cracks more than ¼-inch wide at the joint of inlet/outlet pipes. Contaminants and pollution Any evidence of contaminants or pollution such as oil, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Ladder rungs missing or unsafe Ladder is unsafe due to missing rungs, misalignment, rust, cracks, or sharp edges. Ladder meets design standards and allows maintenance person safe access. FROP-T Section Damaged FROP-T T section is not securely attached to structure wall and outlet pipe structure should support at least 1,000 lbs of up or down pressure. T section securely attached to wall and outlet pipe. Structure is not in upright position (allow up to 10% from plumb). Structure in correct position. APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 2017 City of Renton Surface Water Design Manual 12/12/2016 A-9 NO. 4 – CONTROL STRUCTURE/FLOW RESTRICTOR MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITION WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED FROP-T Section (cont.) Damaged FROP-T (cont.) Connections to outlet pipe are not watertight or show signs of deteriorated grout. Connections to outlet pipe are water tight; structure repaired or replaced and works as designed. Any holes—other than designed holes—in the structure. Structure has no holes other than designed holes. Cleanout Gate Damaged or missing cleanout gate Cleanout gate is missing. Replace cleanout gate. Cleanout gate is not watertight. Gate is watertight and works as designed. Gate cannot be moved up and down by one maintenance person. Gate moves up and down easily and is watertight. Chain/rod leading to gate is missing or damaged. Chain is in place and works as designed. Orifice Plate Damaged or missing orifice plate Control device is not working properly due to missing, out of place, or bent orifice plate. Plate is in place and works as designed. Obstructions to orifice plate Any trash, debris, sediment, or vegetation blocking the plate. Plate is free of all obstructions and works as designed. Overflow Pipe Obstructions to overflow pipe Any trash or debris blocking (or having the potential of blocking) the overflow pipe. Pipe is free of all obstructions and works as designed. Deformed or damaged lip of overflow pipe Lip of overflow pipe is bent or deformed. Overflow pipe does not allow overflow at an elevation lower than design Inlet/Outlet Pipe Sediment accumulation Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. Trash and debris Trash and debris accumulated in inlet/outlet pipes (includes floatables and non-floatables). No trash or debris in pipes. Damaged inlet/outlet pipe Cracks wider than ½-inch at the joint of the inlet/outlet pipes or any evidence of soil entering at the joints of the inlet/outlet pipes. No cracks more than ¼-inch wide at the joint of the inlet/outlet pipe. Metal Grates (If applicable) Unsafe grate opening Grate with opening wider than 7/8 inch. Grate opening meets design standards. Trash and debris Trash and debris that is blocking more than 20% of grate surface. Grate free of trash and debris. footnote to guidelines for disposal Damaged or missing grate Grate missing or broken member(s) of the grate. Grate is in place and meets design standards. Manhole Cover/Lid Cover/lid not in place Cover/lid is missing or only partially in place. Any open structure requires urgent maintenance. Cover/lid protects opening to structure. Locking mechanism not working Mechanism cannot be opened by one maintenance person with proper tools. Bolts cannot be seated. Self-locking cover/lid does not work. Mechanism opens with proper tools. Cover/lid difficult to remove One maintenance person cannot remove cover/lid after applying 80 lbs. of lift. Cover/lid can be removed and reinstalled by one maintenance person. APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 12/12/2016 2017 City of Renton Surface Water Design Manual A-10 NO. 5 – CATCH BASINS AND MANHOLES MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITION WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Structure Sediment accumulation Sediment exceeds 60% of the depth from 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. Sump of catch basin contains no sediment. Trash and debris Trash or debris of more than ½ cubic foot which is located immediately in front of the catch basin opening or is blocking capacity of the catch basin by more than 10%. No Trash or debris blocking or potentially blocking entrance to catch basin. Trash or debris in the catch basin that exceeds 1/3 the depth from the bottom of basin to invert the lowest pipe into or out of the basin. No trash or debris in the catch basin. Dead animals or vegetation that could generate odors that could cause complaints or dangerous gases (e.g., methane). No dead animals or vegetation present within catch basin. Deposits of garbage exceeding 1 cubic foot in volume. No condition present which would attract or support the breeding of insects or rodents. Damage to frame and/or top slab Corner of frame extends more than ¾ inch past curb face into the street (If applicable). Frame is even with curb. Top slab has holes larger than 2 square inches or cracks wider than ¼ inch. Top slab is free of holes and cracks. Frame not sitting flush on top slab, i.e., separation of more than ¾ inch of the frame from the top slab. Frame is sitting flush on top slab. Cracks in walls or bottom Cracks wider than ½ inch and longer than 3 feet, any evidence of soil particles entering catch basin through cracks, or maintenance person judges that catch basin is unsound. Catch basin is sealed and is structurally sound. Cracks wider than ½ inch and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. No cracks more than 1/4 inch wide at the joint of inlet/outlet pipe. Settlement/ misalignment Catch basin has settled more than 1 inch or has rotated more than 2 inches out of alignment. Basin replaced or repaired to design standards. Damaged pipe joints Cracks wider than ½-inch at the joint of the inlet/outlet pipes or any evidence of soil entering the catch basin at the joint of the inlet/outlet pipes. No cracks more than ¼-inch wide at the joint of inlet/outlet pipes. Contaminants and pollution Any evidence of contaminants or pollution such as oil, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Inlet/Outlet Pipe Sediment accumulation Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment. Trash and debris Trash and debris accumulated in inlet/outlet pipes (includes floatables and non-floatables). No trash or debris in pipes. APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 2017 City of Renton Surface Water Design Manual 12/12/2016 A-11 NO. 5 – CATCH BASINS AND MANHOLES MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITION WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Inlet/Outlet Pipe (cont.) Damaged inlet/outlet pipe Cracks wider than ½-inch at the joint of the inlet/outlet pipes or any evidence of soil entering at the joints of the inlet/outlet pipes. No cracks more than ¼-inch wide at the joint of the inlet/outlet pipe. Metal Grates (Catch Basins) Unsafe grate opening Grate with opening wider than 7/8 inch. Grate opening meets design standards. Trash and debris Trash and debris that is blocking more than 20% of grate surface. Grate free of trash and debris. footnote to guidelines for disposal Damaged or missing grate Grate missing or broken member(s) of the grate. Any open structure requires urgent maintenance. Grate is in place and meets design standards. Manhole Cover/Lid Cover/lid not in place Cover/lid is missing or only partially in place. Any open structure requires urgent maintenance. Cover/lid protects opening to structure. Locking mechanism not working Mechanism cannot be opened by one maintenance person with proper tools. Bolts cannot be seated. Self-locking cover/lid does not work. Mechanism opens with proper tools. Cover/lid difficult to remove One maintenance person cannot remove cover/lid after applying 80 lbs. of lift. Cover/lid can be removed and reinstalled by one maintenance person. APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS 12/12/2016 2017 City of Renton Surface Water Design Manual A-12 NO. 6 – CONVEYANCE PIPES AND DITCHES MAINTENANCE COMPONENT DEFECT OR PROBLEM CONDITIONS WHEN MAINTENANCE IS NEEDED RESULTS EXPECTED WHEN MAINTENANCE IS PERFORMED Pipes Sediment & debris accumulation Accumulated sediment or debris that exceeds 20% of the diameter of the pipe. Water flows freely through pipes. Vegetation/root growth in pipe Vegetation/roots that reduce free movement of water through pipes. Water flows freely through pipes. Contaminants and pollution Any evidence of contaminants or pollution such as oil, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Damage to protective coating or corrosion Protective coating is damaged; rust or corrosion is weakening the structural integrity of any part of pipe. Pipe repaired or replaced. Damaged pipes Any dent that decreases the cross section area of pipe by more than 20% or is determined to have weakened structural integrity of the pipe. Pipe repaired or replaced. Ditches Trash and debris Trash and debris exceeds 1 cubic foot per 1,000 square feet of ditch and slopes. Trash and debris cleared from ditches. Sediment accumulation Accumulated sediment that exceeds 20% of the design depth. Ditch cleaned/flushed of all sediment and debris so that it matches design. Noxious weeds Any noxious or nuisance vegetation which may constitute a hazard to City personnel or the public. Noxious and nuisance vegetation removed according to applicable regulations. No danger of noxious vegetation where City personnel or the public might normally be. Contaminants and pollution Any evidence of contaminants or pollution such as oil, gasoline, concrete slurries or paint. Materials removed and disposed of according to applicable regulations. Source control BMPs implemented if appropriate. No contaminants present other than a surface oil film. Excessive vegetation growth Vegetation that reduces free movement of water through ditches. Water flows freely through ditches. Erosion damage to slopes Any erosion observed on a ditch slope. Slopes are not eroding. Rock lining out of place or missing (If applicable) One layer or less of rock exists above native soil area 5 square feet or more, any exposed native soil. Replace rocks to design standards.