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HomeMy WebLinkAboutRC 20181003000106Instrument Number: 20181003000106 Document:COV Rec: S108.00 Page-1 of 10 Record Date:10/3/2018 9:50 AM Electronically Recorded King County, WA Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98057 FOR INSPECTION * MAINTENANCE OF DRAINAGE • Grantor: Monterra 5 LLC City of Renton a Washington munici al cor olrration Grantee: - - Legal Description: PARCEL B OF 907 ABERDEEN AVE LOT LINE ADJUSTMENT LUA-06-126-LLA RECORDED MARCH 2O,2007 UNDER REOCRDING NUMBER 20070320900004 (SEE EXHIBIT C for full legal) Assessor's Tax Parcel ID#: 31 19900051 IN CONSIDERATION of the approved City of Renton (check one of the following) ® Residential Building Permit ®Commercial Building Permit [:]clearing and Grading Permit [Z Civil Construction or Utility Permit for Permit(s) U16002091 (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 R�3906 (Project Plan #) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) U1 6002091 (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 1 of 10 Instrument Number: 20181003000106 Document:COV Rec: S108.00 Page-2 of 10 Record Date:10/3/2018 9:50 AM King County, WA 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 2 of 10 Instrument Number: 20181003000106 Document:COV Rec: S108.00 Page-3 of 10 Record Date:10/3/2018 9:50 AM 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 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 Faci)ftis is e c ted this OY1} day of A�41►ST 20A_. r w� 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 Notary Public in and for the State of PtmeuA hington, residing at My appointment expires . Page 3 of 10 Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-4 of 10 Record Date:10/3/2018 9:50 AM King County, WA EXHIBIT "A" SITE PLAN FOR MONTERRA Page of 10 Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-5 of 10 Record Date:10/3/2018 9:50 AM King County, WA Page 5 of 10 Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-6 of 10 Record Date:10/3/2018 9:50 AM King County, WA #Wk 0 -U Page of 10 Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-7 of 10 Record Date:10/3/2018 9:50 AM King County, WA SECTION C.2 FLOW CON"I'l.kOL Bialys C.2.3.5 MAINTENANCE INSTRUCTIONS FOR LIMITED INFILTRATION If the limited infiltration flow control BMP is proposed for a project, the following rnairatenance and operation instructions rnust be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C. 1. 3 .3 (p. C- 18). 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 rninimum; ODES may require additional instructions based on site -specific conditions. Also, as the County gains more experience with the maintenance and operation of these BMPs, future updates to the in, t R ructions will be posted. on King County's Surface. Water Design Manual website. TEXTOFINSTRUCTIONS Your property contains a stonnwater managernent flow control BMP (best management practice) called "lirnited infiltration," which was installed to mitigate the storinwater quantity and quality impacts of some or all of the impervious surfaces on your property. Limited infiltration is a method of soalung 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 most 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. The infiltration devices -used on your property include the following as indicated on the flow control BMP site plan: IN gravel filled trenches, 0 drywells. The size, placement, and composition of these devices as depicted by the flow control BMP site plan and. design details mustbe maintained and may not. be changed without written approval either from the King County Water and and Resources Division or through a ftature development permit from King County. Infiltration devices must be inspected, annually and after major storm events to identify and repair, any physical defects. Maintenance and operation of the system should focus on ensuring the system's viability, by preventing seoliment-laden flows from entering the device. Excessive sedimentation will result in a plugged or non-functioning facility. If the infiltration device has a catch basin, sediment accumulation must be removed on a yearly basis or more frequently if necessary. Prolonged. pending around or atop a device may indicate a plugged facility. If the device becomes plugged, it must be replaced. Keeping the areas that drain to infiltration devices well swept and clean will enhance the longevity of these devices. For roofs, frequent cleaning of gutters will reduce sediment loads to these devices. 1/9/2009 2009 Stgrface Water Design Manual- Appendix C, C-50 Page 7 of 10 Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-8 of 10 Record Date:10/3/2018 9:50 AM King County, WA 4" RIGID OR 6Be -�� SUMP w/SOLID LID FLEXIBLE PERFORATED PIPE k � k. — _ _. — — _, d INFILTRATION 'TRENCH PLAN VIE T TRENCH SETBACK FROM BUILDING AS REQUIRED, Typical Infiltration 15' MIN. Trench Detail _____.____V.____ OVERF'LOW- 1" "".1pa"', SPLASH BLOCK -- 4" RIGID OR 6" FLEXIBLE PERFORATED PIPE ON LFVEL 12" ; WA I EB RCkC ,W , VARIES SECT,10N VIEW Pell 1 24 MIN. V ABOVE SEASO L NIGH GROUNDWATER TABLE, SEC'. SECTION C.2.2.2 I' IN MIN SETBACK FROM BUILDING 5° MIN. CB SUMP w/SOLID LID COMPACT Eft BAC KFILL. (( FILTER FABRIC f- 24" { am 1 7ROOF GRAIN 4' RIGID OR " FLEXIBLE PERFORATED PIPE 1A" _ 2" WASHED ROCK i Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-9 of 10 Record Date:10/3/2018 9:50 AM King County, WA EXHIBIT "C" LEGAL DESCRIPTION MONTERRA Instrument Number: 20181003000106 Document:COV Rec: $108.00 Page-10 of 10 Record Date:10/3/2018 9:50 AM King County, WA Exhibit C — Legal Description PARCEL B OF CITY OF RENTON LOT LINE ADJUSTMENT LUA-06-126-LLA RECORDED UNDER AFN 20070320900004 IN BOOK 221 OF SURVEYS ON PAGE 18, RECORDS OF KING COUNTY, WASHINGTON.