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HomeMy WebLinkAboutRC 20181130000577Instrument Number: 20181130000577 Document:COV Rec: S104.00 Page-1 of 6 Record Date:11/30/2018 11:46 AM Electronically Recorded King County, WA 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 OMPS Grantor: Summit Frenchies LLC Grantee: City of Renton, a Washington municipal corporation Legal Description: Lot 33 of the plat of Canyon Terrace recorded under King County Auditor's #20170627000835 Assessor's Tax Parcel ID#: 133273-0330 IN CONSIDERATION of the approved City of Renton (check one ofthefollowing) ❑✓ Residential Building Permit Commercial Building Permit [:]clearing and Grading Permit ❑ Civil Construction or Utility Permit for Perm it(s)_B18000128 (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-3738 (Project Plan#) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) U14000114 (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 Instrument Number: 20181130000577 Document:COV Rec: $104.00 Page-2 of 6 Record Date:11/30/2018 11:46 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 Instrument Number: 20181130000577 Document:COV Rec: S104.00 Page-3 of 6 Record Date:11/30/2018 11:46 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 Facilities is executed this v' Z day of V4!,� , 20 /It 'I — GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: 1 i) C)0—^ W ham- , 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 theirfree and voluntary act and deed, forthe uses and purposes therein stated. Given under my hand and official seal this 62 day of ���..�• _, 20/_. TAR Ym'. PUSOCIp OF Vv 4..'7 Printed name Notary Public in and for the State of Washington, residing at My appointment expires S�r'ro/Z7 Page 3 of _ Instrument Number: 20181130000577 Document:COV Rec: $104.00 Page-4 of 6 Record Date: 11/30/2018 11:46 AM King County, WA cc w w NOIIVAO 3 S' I— = (n IvM N .z C;3;1- ©Ti , U] 'l qlq V_ cc CO — LL U, 7) C) CO 7— L_ --�H iY aerI C'w) ZO C. 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Z w 5 0 :5 :0) 0 z Oa I 5; 2 5WR cr ft WO w cc au W Ff z ::D Ir LU W cc CM CL no w 6i 0, U ca 6 cc 5H R c=mz < z Instrument Number: 20181130000577 Document:COV Rec: S104.00 Page-5 of 6 Record Date:11/30/2018 11:46 AM King County, WA 5*. _*..10 0.0 .11 MAINTENANCE INSTRUCTIONS FOR REDUCED IMPERVIOUS SURFACE BMP: RESTRICTED FOOTPRINT Your property contains an on -site BMP (best management practice) known as "restricted footprint," the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. The total impervious surface on your property may not exceed 2,170.85 square feet without written approval from the City of Renton or through a future development permit from the City of Renton. • These reduced impervious surface on -site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of casement per Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. 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 minimum; the City of Renton may require additional instructions based on site -specific conditions. See the City of Renton's Surface Water Design Manual website for additional information and updates. Instrument Number: 20181130000577 Document:COV Rec: S104.00 Page-6 of 6 Record Date:11/30/2018 11:46 AM King County, WA EXHIBIT B MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE CONNECTION Your property contains an on -site BMP (best management practice) called a ` pet foeated pipe connection," which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom, designed to "leak" runoff, conveyed by the pipe, into a gravel filled trench where it can be soaked into the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a ditch or roadway pipe system. This on -site BMP shall be maintained per Appendix A of the City of Renton's Surface Water Design Manual. MAINTENANCE RESTRICTIONS • The size and composition of the perforated pipe connection as depicted by the site plan and design details must be maintained and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. • The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. These perforated pipe connection on -site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the City of Renton Szu face Water Design Manual. 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 minimum; the City of Renton may require additional instructions based on site -specific conditions. See the City of Renton's Surface Water Design Manual website for additional information and updates. TYPICAL PERFORATED PIPE CONNECTION FOR A SINGLE FAMILY RESIDENCE glof —r FWw"Ifig to md drainage s�ysterr FL a* ry -lift fabric c e a i 4" p'�f fj I Er fYtlit pn m p �9s o Q>�aQ An a 14/1'-31,"W OhedW /Ieveltrench �o°r, wipetf pipe PLAN VIEW OF ROOF NTS TRENCH X-SECTION NTS