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HomeMy WebLinkAboutRC 20110913000008 11111111111111111111111 20110913000008 CITY OF RENTON COV 69.00 PAGE-001 OF 008 09/13/2011 08:09 KING COUNTY, WA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF RENTON 1055 SOUTH GRADY WAY RENTON, WA 98057 DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Lozier at Laurel Crest, LLC Grantee: City of Renton Legal Description: Lots 3, 8-17, 20-27 and 33-49, plat of Magnussen, recorded under Recording Number 20080326000480, records of King County, Washington. Additional Legal(s)on: Assessor's Tax Parcel ID#: see Exhibit B attached IN CONSIDERATION of the approved City of Renton(check one of the following) El residential building permit, ❑ commercial building permit, ❑ clearing and grading permit, ❑ subdivision permit,or ❑ short subdivision permit for Application File No.LUA/SWP 07-129 FP relating to the real property("Property")described above,the Grantor(s),the owner(s)in fee of that Property,hereby covenants(covenant)with City or 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 1 through 8 below with regard to the Property. Grantor(s)hereby grants(grant), covenants(covenant), and agrees(agree)as follows: 1. Grantor(s)or his/her(their)successors in interest and assigns("Owners")shall retain,uphold, and protect the stormwater management devices, features,pathways, limits, and restrictions, known as i flow control best management practices("BMPs"), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate,maintain, and keep in good repair,the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit C. 3. City or Renton shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days,the Owners shall allow the City of Renton to enter for the sole purpose of inspecting the BMPs. 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 BMPs 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 days of receiving the City's notice of inspection. Within 30 days of giving this notice,the Owners,or the 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 BMPs without further notice. 4. If the City determines from its inspection, or from an engineer's report provided in accordance with Paragraph 3,that maintenance,repair,restoration,and/or mitigation work is required for the BMPs, The City shall notify the Owners of the specific maintenance, repair,restoration, and/or mitigation work (Work)required under RMC 4-6-030. The City shall also set a reasonable deadline for completing the Work or providing 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 BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by the City,the City may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of RMC 4-6-030 and may subject the Owners to enforcement under the RMC 1-3,including fines and penalties. 5. Apart from performing routine landscape maintenance,the Owners are hereby required to obtain written approval from the City or Renton before performing any alterations or modifications to the BMPs. • 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party,or after three(3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property,and it 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. 8. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City of Renton that is recorded by King County in its real property records. • IN WITNESS WHEREOF,this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this 2. day of kj&USS' ,20A_. Lozier at Laurel Crest, LLC GRANTOR,owner of the Pro By: Gar $af ager GRAN •R, $w r of _e Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: GAR_q. 12• QNizoett) ,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 ae?ay of 4rtraUSI ,20 11 EBENS 1114 62*-9--26:* 1071./÷0 &js..... ��J Printed name a I� _ , _ as Notary Public in and for the State of Washington, y ,o G = residing at '� $PA tin t.` :FAT . yN'I� t\\a\NMd��` PP My appointment expires - • it • • Magnussen Plat Declaration of Covenants Exhibit A • 1. All lots listed in Exhibit B of this Declaration of Covenant contain a Stormwater Flow Control BMP (best management practices) that includes a Reduced Impervious Surface ("restricted footprint") BMP and a Perforated Pipe Connection BMP. 2. This is 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 surfaces. The City of Renton Environmental Review Committee also imposed these drainage requirements to reduce impacts on the downstream systems. Common impervious surfaces include, but are not limited to, roof, walkways,patios driveways, parking areas and storage areas. Other impervious areas include those that are paved, graveled, or made of packed or oiled earthen materials, or other surfaces that similarly impede the natural infiltration of surface and storm water runoff. 3. Lots located east of Field Ave NE are restricted to 3,000 square feet of impervious surfaces.These lots include Lots 43-49. 4. Lots located west of Field Ave NE are restricted to 3,300 square feet of impervious surfaces. These lots include Lots 3, 8-17, 20-27 and 33-42. 5. The total impervious surface allowed per lot may not exceed the square feet described above without written approval from the City Renton or through a future development permit from the City of Renton. 6. The location of the Perforated Pipe Connection on each lot listed in Exhibit B of this Declaration of Covenant is shown on the flow control site plan that will be submitted to the City as part of the individual lot Building Permit application review and approval process. The Perforated Pipe connection flow control BMP must be maintained by the lot owner 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. 7. Maintenance instructions for the Perforated Pipe Connection are attached to this Declaration of Covenant as Exhibit C. Magnussen Plat Declaration of Covenant Exhibit B LOT# ADDRESS Parcel Number 3 4712 NE 2nd Place 504570-0030-05 8 271 Elma Place NE 504570-0080-04 9 * 4722 NE 3rd Place 504570-0090-02 10 4728 NE 3rd Place 504570-0100-00 11 4800 NE 3rd Place 504570-0110-08 12 4806 NE 3rd Place 504570-0120-06 13 4812 NE 3rd Place 504570-0130-04 14 4818 NE 3rd Place 504570-0140-02 15 306 Elma Court NE 504570-0150-09 16 300 Elma Court NE 504570-0160-07 17 . 272 Elma Court NE 504570-0170-05 20 504570-0200-09 21 ' 504570-0210-07 22 504570-0220-05 23 '. 504570-0230-03 24 504570-0240-01 25 4817 NE 2nd Place 504570-0250-08 26 4811 NE 2nd Place 504570-0260-06 27 4805 NE 2nd Place 504570-0270-04 33 4701 NE 2nd Place 504570-0330-02 34 4802 NE 2nd St. 504570-0340-00 35 4808 NE 2nd St. 504570-0350-07 36 4814 NE 2nd St. 504570-0360-05 37 4820 NE 2nd St. 504570-0370-03 38 504570-0380-01 39 225 Field Ave. NE 504570-0390-09 40 211 Field Ave. NE 504570-0400-07 41 207 Field Ave. NE 504570-0410-05 42 504570-0420-03 43 504570-0430-01 44 208 Field Ave. NE 504570-0440-09 45 210 Field Ave. NE 504570-0450-06 46 228 Field Ave. NE 504570-0460-04 47 234 Field Ave. NE 504570-0470-02 48 222 Field Ave. NE 504570-0480-00 49 216 Field Ave. NE 504570-0490-08 • Magnussen Plat Declaration of Covenants Exhibit C Maintenance Instructions for Perforated Pipe Connection 1. 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 of the impervious surfaces 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 to a local drainage system such as a ditch or roadway pipe system. 2. The location of the Perforated Pipe Connection on each lot listed in Exhibit B of this Declaration of Covenant is shown on the flow control site plan that will be submitted to the City as part of the individual lot Building Permit application review and approval process. The Perforated Pipe connection flow control BMP must be maintained by the lot owner 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. Perforated.Pipe Connection for a Single Family Residence Standard Detail random fill 6" \',/ filter filter fabric p°%./�..�1^./'..i. - 6,,parrpipe 18"min ç :,vc2�.J/o°e�n�n I 1 3/1 h"- 4"washed rock pq°C"°C n� 0‘ n7o°V °°C'np .O I�—24"min—�I TRENCH X-SECTION NTS slope—► to road drainage system e'X0' level trench w/perf pipe PLAN VIEW OF ROOF • i • EXHIBIT C RESTRICTIVE FOOTPRINT MAINTENANCE INSTRUCTIONS Your property contains a stormwater management flow control 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 3,000 square feet (lots 43-49) and 3,500 square feet (lots 3, 8-17,20-27, and 33-42)without written approval from the City of Renton.