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HomeMy WebLinkAboutRC 20131002001232 o ' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF RENTON 20131002001232 1055 SOUTH GRADY WAY CITY OF RENTON COV-RER 77.00 PAGE-001 OF 006 RENTON, WA 98057 10/02/2013 11:28 KING COUNTY, WA DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor: ACH Homes, LLC Grantee: City of Renton Legal Description: THE SOUTH 130 FEET OF LOT 5 IN BLOCK 2 OF JANETT'S RENTON BOULEVARD TRACTS ACCORDING TO PLAT RECORDED IN VOLUME 17 OF PLATS AT PAGE(S)60, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 290 FEET THEREOF. Additional Legal(s)on: Assessor's Tax Parcel ID#: 3664500250 IN CONSIDERATION of the approved City of Renton Engineering Site Development permit for application file No. LUA/SWP 13-000626 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, 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 Form Revised 12/12/06 1 10 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 of the described property") shall at their own cost, operate, maintain, and keep in good repair,the Property's stormwater facilities and/or best management practices("BMPs") identified in the plans and specifications submitted to the City of Renton for the review and approval of permit(s)_#U-13004182 . Stormwater facilities include pipes, swales, tanks,vaults,ponds,and other engineered structures designed to manage stormwater on the Property. Stormwater BMPs include dispersion and infiltration devices, native vegetated areas, permeable pavements,vegetated roofs, rainwater harvesting systems, reduced impervious surface coverage, and other measures designed to reduce the amount of stormwater runoff on the Property. 2. City or 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 RMS 4-6-030. This right of ingress and egress,right to inspect, and right to perform required maintenance or repair as provided for in Section 3 below, shall extend over the portions of the subject Property shown in Exhibit"A." 3. If City of Renton determines that maintenance or repair work is required to be done to any of the stormwater facilities or BMPs, City of Renton shall give notice of the specific maintenance and/or repair work required pursuant to RMC 4-6-030. The City shall also set a reasonable time in which such work is to be completed by the Owners. If the above required maintenance or repair is not completed within the time set by the City,the City may perform the required maintenance or repair, and hereby is given access to the Property, subject to the exclusion in Paragraph 2 above, 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 2 • City,there exists an imminent or present danger,the seven(7)day notice period will be waived and maintenance and/or repair work will begin immediately. 4. If at any time the City of Renton reasonably determines that a stormwater facility or BMP on the Property creates any of the hazardous conditions listed in KCC 9.04.130 or relevant municipal successor's codes as applicable and herein incorporated by reference, The City may take measures specified therein. 5. The Owners shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described in Paragraph 3 or any measures taken by the County to address hazardous conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the County within thirty(30)days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues,the prevailing party is entitled to costs or fees. 6. The Owners are hereby 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 stormwater facilities and BMPs referenced in this Declaration of Covenant. 7. 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. 8. 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. 9. This Declaration of Covenant is intended to protect the value and desirability of the real property described above, and shall inure to the benefit of all the citizens of the City of Renton and its Form Revised 12/12/06 3 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. 10. 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. Form Revised 12/12/06 4 IN WITNESS WHEREOF,this Declaration of Covenant for the Inspection and Maintenance of Stormwater Facilities and BMPs is executed this 30th day of August , 20 13 . Robert Gladstien GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: Robert Gladstien ,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 3O d., of , 20/3 . LAURIE M. NYBERG NOTARY PUBLIC Z-741/0€�C A/t 662& STATE OF WASHINGTON COMMISSION EXPIRES Printed name AUGUST 29 2017 Notary Public in and for the State of Washington, residing at /6-s4-5 tew My appointment expires 0e - 29-77 Form Revised 12/12/06 5 NI GRAPHIC SCALE I 0 100' 200' 1 INCH = 100 FT. LOT 5 BLOCK 2 JANETT'S RENTON BOULEVARD TRACTS • VOL. 17, PG. 60 N. LINE S. 130' LOT 5 W TAX PARCEL NO. w o 3664500250 Z w J § N SADDLEBROOK PENDING 8 7 6 5 4 COPYRIGHT© 2013, D.R. STRONG CONSUL11NG ENGINEERS INC. l D 1SPROJECT SURVEYOR:SE EXHIBIT A `____ DRAFTED BK SS FIELD BOOK: SADDLEBROOK DIV. II D.R. SIRCbVG DATE:8/30/13 PROPERTY cot6111119 MPS PROJECT NO.:12081 ENGINEERS PLANNERS SURVEYORS SHEET 1 OF 1 EXHIBIT. 62071HAWRVUE PRNIAM2 WA 96739 0 425 273063 42E8222422