HomeMy WebLinkAboutRC 20180830001062Instrument Number: 20180830001062 Document:COV Rec: S202.00 Page-1 of 5
Record Date:8/30/2018 3:13 PM
Electronically Recorded King County, WA
Return Address:
City Clerk's Office
City of Renton
1055 S Grady Way
Renton, WA 98057
Grantor: State Board For Community and Technical Colleges
Grantee: City of Renton
Legal Description: RENTON HIGHLANDS # 2 CORRECT PLAT & POR VAC STS ADJ
Assessor's Tax Parcel ID#: 7227800475 & 7227800425
IN CONSIDERATION of the approved City of Renton (check one of the following)
LJ residential building permit, xl commercial building permit, Ll clearing and grading permit,
LJ subdivision permit, or U short subdivision permit for application file No.
LUA/SWP '--- __ B15000493 I.-.,-,-- relating to the real property ("Property") described above, the
Grantor(s), the owncr(s) in tee ot that Property, hereby covenants(covenant) with the City of Renton, a
political subdivision 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 I through 9 below with regard to the
Property, and hereby grants(grant) an casement as described in Paragraphs 2 and 3. Grantor(s) hereby
grants(grant), covenants(covenant), and agrees(agree) as follows:
1. The Grantor(s) or tils/lier(their) successors in interest and assigns ("Owners ") shall at their
o,vvii cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed as
required in the approved construction plans and specifications - R-3818 —_ on file with the City of
Renton and submitted to the City of Renton for the review and approvai of permit(s)
U15000494 , The property's drainage facilities are shown and/or listed on Exhibit
A. 'The property's drainage facilities shall be maintained in compliance -Vvith_ the operation and
maintenance schedule included and attached herein as Exhibit B. 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, bloretention, permeable pavements, rainwater harvesting
systerns, 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 30 days written notice to the Owners that entry on the Property is
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Instrument Number: 20180830001062 Document:COV Rec: $202.00 Page-2 of 5
Record Date:8/30/2018 3:13 PM King County, WA
planned for the inspection of drainage facilities. After the 30 days, the Owners shall allow the CitIV, 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 vNr1tten report describing their
condition. If the engineer option is chosen, the Owners shall provide written notice to the City of Renton
within fifteen days of receiving the City's notice of inspection. Within 30 days of giving this notice, the
Owners, or engineer on behalf of the (-hviiers, 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 m
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 required maintenance, repair,
restoration, and/or mitigation 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. IT, within the sole discretion of the
City, there exists aii unniment or present danger, the seven. (7) day notice period will be waived and
maintenance and/or repair work will begin immediately.
4. The Owners shall assume all responsibility for the cost of any maintenance, repair work, or
ativ measures taken by the Go,- 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 19,552,020 (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
attorneys 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 my 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 Citi! of Renton and its successors and assigns. This
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Instrument Number: 20180830001062 Document:COV Rec: $202.00 Page-3 of 5
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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 APR -IL- _' 20 ._
GRANTOR, owner of the P'r`6p ter
GRANTOR, owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss.
On this day personally appeared beforc me
V �� / o tn' knt��.�trn to be the individual(s) described in
rid who executed the rithiti aitd foregoing instra m tan acknowledged that they signed the sane as
their free and wkintan" act and deed. for the uses and purposes therein stated.
Given under my hand and official seal this (95-1day f � � .. 20_
NA' jVE 8 Printed name
,• Notary Public in and for the State of Washington,
° w residing at
Vow
PuSsN.
,
ley' My appointment expiresOF
���t�rrtt�tta`t
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Record Date:8/30/2018 3:13 PM King County, WA
Instrument Number: 20180830001062 Document:COV Rec: $202.00 Page-5 of 5
Record Date:8/30/2018 3:13 PM King County, WA
Your property contains a stormwater management flow control BMP (best management practice) called
"permeable pavement," which was installed to minimize the stormwater quantity and quality impacts of
some or all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall
that becomes runoff by allowing water to seep through the pavement into a free -draining gravel or sand
bed, where it call be infiltrated into the ground.
Permeable Pavement
The type(s) of permeable pavement used on your property is: 11 porous concrete, L1 porous asphaltic
concrete, x permeable pavers, D modular grid pavement. The area covered by permeable pavement as
depicted by the flow control BMP site plan and design details must be maintained as permeable pavement
and may not be changed without written approval from the City of Renton.
Permeable pavements must be inspected after one major storm each year to make sure it is working
properly. Prolonged pending or standing water on the pavement surface is a sign that the system is
defective and may need to be replaced. If this occurs, contact the pavement installer or the City of Renton
for further instructions. A typical permeable pavement system has a life expectancy of approximately 25-
years. To help extend the useful life of the system, the surface of the permeable pavement should be kept
clean and free of leaves, debris, and sediment through regular sweeping or vacuum sweeping. The owner
is responsible for the repair of all nits, deformation., and/or broken paving wilts.