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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: Long Nguyen, Thu Thuy Nguyen, and Nguyenvu Tran
Grantee: City of Renton, a Washington municipal corporation
Legal Description: Abbv: PTN TR 253, C.D. Hillman's Lake WA Garden of Eden Div. No. 4. Full Legal
on Exhibit C
Assessor's Tax Parcel ID#: 334390-1963
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) C21006052/B24001658 (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
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the approved construction plans and specifications #4210____(Project Plan #) on file with the City of
Renton and submitted to the City of Renton for the review and approval of permit(s)
C21006052/B24001658________ (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 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
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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 Declaration
of Covenant shall run with the land and be binding upon Grantor(s), and Grantor's(s') successors in
interest, and assigns.
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.
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Exhibit B — Operations and Maintenance
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. 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 must of it into the ground. To be successful, the soil condition around the
infiltration device must be able to soak water into the ground for a reasonable number of years. This
on-site BMP shall be maintained per Appendix A of the City of Renton 's Surface Water Design
Manual.
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