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HomeMy WebLinkAboutRC 20190604000547 Instrument Number: 20190604000547 Document:COV Rec: $104.00 Page-1 of 6 Record Date:6/a/2019 12:a7 PM 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 BMPS Grantor: Toll Bros., Inc. Grantee: City of Renton, a Washin�ton municipal corporation Legal Description: Lot 20 of the palt of Cedarcroft, King County Recording number 20180111000472. See additional legal on Exhibit C Assessor's Tax Parcel ID#: 1472230200 IN CONSIDERATION ofthe approved City of Renton (checkoneofthejollowing) Q✓ Residential Building Permit �Commercial Building Permit ❑Clearing and Grading Permit �Civil Construction or Utility Permit for Permit(s) B19000636 (construction/auildin9/UtilityPermit/�)relatingtothe 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 ofthe state of Washington,that he/she(they)will observe,consent to,and abide bythe 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_3900 (pro�ect Plan�t) on file with the City of Renton and submitted to the City of Rentor� fc�r the review and approval of permit(s) U15007366 (Construction/euilding/UtilityPermit#J.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 6 Instrument Number: 20190604000547 Document:COV Rec: $104.00 Page-2 of 6 Record Date:6/4/2019 12:47 PM 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 worl< ("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 Worlc. 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 ofthe receipt ofthe 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 6 Instrument Number: 20190604000547 Document:COV Rec: $104.00 Page-3 of 6 Record Date:6/4/2019 12:47 PM King County,WA 6. Any natice or consent required to be given or otherwise provided for by the provisions af this Agreement shall be effective upon personal delivery,ar three(3)days after mailing by Certified Mail, return receipt requested. 7. With regard to the matters addressed herein,this agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. 8. This Declaration of Covenant is intended ta protect the value and desirability and promote efficient and effective management af surface water drainage of the real praperty described above, and shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaratian af Covenant shall run with the land and be binding upon Grantor(s), and Grantar's(s')successars in interest, and assigns. 9. This Declaratian of Covenant may be terminated by execution of a written agreement by the Owners and the City that is recorded by King Caunty in its reaJ property recards. IN WITNESS WHEREOF, this Declaration of Cavenant for the Inspection and Maintenance of Drainage Facilities is executed this `"� � �-day of ����� , 20 f a�;�' . GRANTOR, owner af the Praperty Toll Bros., Inc, a Pennsylvania corporation .� F ��� , c � �,,,, a�W._�,_.... �e._,_ ���..�°-_ � �"�"��� By: Brian Wulfes g� Its: Viee President STATE OF WASHINGTON ) COUNTY OF I<ING )ss. On this day personally appeared before me: �'� �°��,$°�"��� , to me Icnown to be the individual(s) described in and wha executed the within and foregoing instrument and aclenowledged that they signed the same as their free and voluntary act and deed,forthe uses and purposes therein stated. Given under my hand and official seal this�� day of_ �t� , 20 � � � � � a a ���,�� . �� !� , `� � w� ������ ����'B� Printed name µ �'T»��"6��3�'E�Fa�zQ�6�2�a"��� ��p�p�Q�������p��� Natary Public in and for the State of ����'� ��� �� �p�g Washingtan, residing at N My appointment expires_ ��'"�,�� P�V Page 3 of 6 Instrument Number: 20190604000547 Document:COV Rec: $104.00 Page-4 of 6 Record Date:6/4/2019 12:47 PM King County,WA EXHIBIT A ' � NOTES SE 144TH STREET OiHER BMPS IN ACCORDANCE WITH �� N8S'38 14�W S7.00 APPENDIX C OF THE SURFACE WATER DESIGN MANUAL MAY BE ELEV ELEV USED. SHOWN ON iHE FLOW 374 • � 3�5 CONTROL BMP SITE PLAN ALL INFORMATION REQUIRED ON 7HE ,a SECTION CORRESPONDING TO THE FLOW CONTROL BMP APPLIED ON SITE iHE SUBDIVISION iHIS SITE IS IN , a HAS AN ON—SIiE POND FOR INFlL7RATION AND INFILTRATES ALL SCALE= 1��=20� OF THE SIiE STORM WATER DISCHARGE. ' a s.5o �� � LEGAL DESCRIPTION ' LOT 20 OF iHE PLAT OF CEDARCROFT --� . ...—�----i i � � .a � . � .:. .�i IMPERVIOUS AREAS � I � HOUSE & GARAGE— 2,284 S.F. � I M DRIVEWAY— 512 S.F. O ( � 2� O � � � � WALKWAY— 227 S.F. � I LANGSTON � � FRONT PORCH— 121 S.F. .— � 12,240 S.F. rCOLONIAL � W SIDE PORCH— 77 S.F. W I � GRAVEL d' REAR PORCH— 173 S.F. W � �V i , , i PATH � GRAVE� PA'IH 167 S.F. � i ' I OO TOTAL— 3,440 S.F. O � ' ' Z TOTAL IMPERVIOUS 28% O I •'" Z t MAX IMPERVIOUS ALLOWED 55% 1 I GARAGE N OTES F/H-83.70 TAX LOT N0.-1472230200 � FROM BLDG SITE ADDRESS-16009 SE 144TH ST NER I � � �' ..<• . . r--- •.� 30.50 1.. :. . •� . •� • � �=—�� �'�, STORM � 8• ' w 1 I • � �.��,� DRAINAGE L---------� . .'..as. ... 'o +� CONNECTIO a � a .e C���Q, `. 16' DRIVEWAY .e: . � ���F�`• o AT RIGHT OF WAY 1.• e • .�• 9�'F�'C��, ��� M ; A/AGT. -�-j :,� � .; ,� � Fti ELEV •a 372 � ��� � N89'03'15"W 87.00 373 ESE Consultants,���. CEDARCROFT Land Planning 9720 NE 120th PI., FLOW CONTROL BMP SITE PLAN � En ineerin suite iao LOT 20 g g Kirkland,WA 98034 Land Surveying TEL:425-825-5367 TOLL WA LP KIRKLAND,WA 98034 DATE: JAN. 26, 2018 4 of 6 Instrument Number: 20190604000547 Document:COV Rec: $104.00 Page-5 of 6 Record Date:6/4/2019 12:47 PM King County,WA EXHIBIT B FLOW CONTROL BMP DESIGN & MAINTENANCE DETAILS Perforated Pipe Your property contains a stormwater management flow control BMP (best management practice) called a "perforated pipe connection,"which was installed to reduce the stormwater runoff impacts of some or all ofthe impervious surFace on your property. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom,designed to"leal<" 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. The size and composition of the perforated pipe connection as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County.The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. PERFORATED PIPE CONNECTION C.2.11.A _ -, TOROADDRNNAGE , SYSTEM slope� � � bT �y PERFORATED PIPE �; .•L_ CONIJECTION TRENCH PLAN VIEW NON COMPACTED RPNDOkA FILL ''�. Slo�'�` c■ ' ' �' �-..,�� FlLTER FABRIC 6"DIA PERF PIPE '�. 1-tf7'-3f4"WASHEDROCK '��. SECTION VIEW ; Page 5 of 6 Instrument Number: 20190604000547 Document:COV Rec: $104.00 Page-6 of 6 Record Date:6/4/2019 12:47 PM King County,WA EXHIBIT C-LEGAL DESCRIPTION LOT20,OF THE PLAT OF CEDARCROFT,ACCORDING TO THE PLATTHEREOF, RECORDED IN VOLUME 281 OF PLATS, PAGES 026 THROUGH 031, RECORDS OF KING COUNTY,WASHINGTON. UNDER RECORDING NUMBER 20180111000472. Page 6 of 6