HomeMy WebLinkAbout2309_Declaration of Covenant 20260310Page 1 of 24
for Permit(s) PR21-0000214 (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 theapproved construction plans and specifications LUA21-000206 (Project Plan #) on file with the City ofRenton and submitted to the City of Renton for the review and approval of permit(s) PR21-0000214
(Construction/Building/Utility Permit #). The Property's drainage facilities are shown and/or listed onExhibit 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 andMaintenance. 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
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, Thao Nguyen, Thu Thuy Nguyen, Peter Tran, Nguyenvu Tran, and Judy Nguyen
Grantee: City of Renton, a Washington municipal corporation
Legal Description: S 1/2 of N of Tract 253 of CD Hillmans LK WN Garden of Eden #4, Vol 11, Pg 82, King
County, WA 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 X
Page 1 of 16
Return Address:
City Clerk's Office
City of Renton
1055 S Grady way
Renton, WA 98057
Page 2 of 24
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 ofthe 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 Cityshall 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.
6.Any notice or consent required to be given or otherwise provided for by the provisions of this Agreementshall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receiptrequested.
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 tothe benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration ofCovenant 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.
Page 2 of 16
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 withParagraph 2, that maintenance, repair, restoration, and/or mitigation work is required to be done to any ofthe 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 Workwill 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 twelvepercent (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 Agreementshall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receiptrequested.
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 andeffective management of surface water drainage of the real property described above, and shall inure tothe benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration ofCovenant 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.
Page 2 of 24 Page 2 of 16
Page 3 of 16
infiltration trench
contech storm filter
Page 4 of 16
Page 4 of 16
aberdeen ave ne
infiltration trench
infiltration
trench
Page 5 of 24
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.
Page 5 of 16
Page 6 of 24 Page 6 of 16
Page 13 of 24 Page 7 of 16
Page 14 of 24 Page 8 of 16
Page 15 of 24 Page 9 of 16
Page 16 of 24 Page 10 of 16
Page 17 of 24 Page 11 of 16
Page 19 of 24 Page 12 of 16
Page 20 of 24 Page 13 of 16
Page 21 of 24 Page 14 of 16
Page 23 of 24 Page 15 of 16
Page 24 of 24 Page 16 of 16