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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