HomeMy WebLinkAboutRC 20160727000605 .
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Return Address:
City Clerk'.s Office
City of Renton
R nt n;WA 9 057 20160727000605
CITY OF RENTON COV 78.00
PAGE-003 OF 008
07/27/2018 10:20
KING COUNTY, WA
DECLARATION OF COVENANT FOR INSPECTION AND
MAINTENANCE OF STORMWATER FACILITIES AND BMPS
Grantor: �A'TI�R AND SHAWN MADDOX
Grantee: City of Renton
Legal Description: SEE ATTACHED EXHIBIT C.
Assessor's Taac Parcel ID#: 334210-2215
IN CONSIDERATION of the approved City of Renton �SIDENTIAL BUII.DING permit
for application file No. LUA/SWP B16-002551 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 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") constructed as required in the approved
construction plans and specifications B 16-002551 on file with the City of Renton and submitted to the
City of Renton for the review and approval of permit(s) B16-002551 . The
property's stormwater facilities and/or best management practices("BMPs") are shown and/or listed on
Exhibit A.The property's stormwater facilities and/or BMPs shall be maintained in compliance with the
operation and maintenance schedule included and attached herein as Exhibit B. Stormwater facilities
include pipes, swales,tanks,vaults,ponds, and other engineered structures designed to manage and/or
treat 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 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 RMC 4-6-030.
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/ar
repair work required pursuant to RMC 4-6-030. The City shall also set a reasonable time in which such
Page I of 3 Form Approved by City Attorney 10/2013
work is to be completed by the Owners. If the above required maintenance or repair is not completed
i 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
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 RMC 4-4-060 G 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 City to address hazardous
conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the City
within thirty(30) days of the receipt of the invoice for any such wark 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 recover reasonable litigation costs and attorney's 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 ar 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,
I 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
P
roperty 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
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rantor s s successors in interest and assi s.
Grantor s ,and G , gn
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10. This Declaration of Covenant may be terminated by execution of a written agreement by the
Owners and the City that is recarded by King County in its real property records.
IN WITNESS WHEREOF,this Declaratio o,�_Covenant for the Inspection and Maintenance of
Stormwater Facilities and BMPs is executed this y�day of 1� , 20�.
� � �
GRANTOR, owner the Property
G NTOR, owner o the Property
Page 2 of 3 Form Approved by City Attorney 10/2013
STATE OF WASHiNGTON )
COUNTY OF KING )ss.
On this day personally appeared before me:
����S`jQGcl/� /1/�CtG��lJ� ,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.
ffi ial eal this � da of ` 20 /'�, .
Given under m hand and o c s y �GL ,
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Page 3 of 3 Form Approved by City Attorney 10/2013
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EXHIBIT B
FULL INFILTRATION MAINTENANCE INSTRUCTIONS
Your property contains a stormwater management flow control BMP (best management practice) called
"full infiltration," which was installed to mitigate the stormwater quantity and quality impacts of some
or all of the impervious surfaces on your property. Full infiltration is a method of oaking runoff from
impervious area (such as paved areas and roofs) into the ground. If properly installed and maintained,
full infiltration can manage runoff so that a majority of precipitation events are absorbed. Infiltration
devices, such as gravel filled trenches, drywells, and ground surface depressions, facilitate this process
by putting runoff in direct contact with the soil and holding the runoff long enough to soak most of it
into the ground. To be successful, the soil condition around the infiltration device must be reliably able
to soak water into the ground for a reasonable number of years.
Infiltration Devices
The infiltration devices used on your property include the following as indicated on the flow control
BMP site plan:�gravel filled trenches, ❑ drywells, ❑ ground surface depressions. The size, placement,
and composition of these devices as depicted by the flow control BMP site plan and design details must
be maintained and may not be changed without written approval from the City of Renton.
Infiltration devices must be inspected annually and after major storm events to identify and repair any
physical defects. Maintenance and operation of the system should focus on ensuring the system's
viability by preventing sediment-laden flows from entering the device. Excessive sedimentation will
result in a plugged or non-functioning facility. If the infiltration device has a catch basin, sediment
accumulation must be removed on a yearly basis or more frequently if necessary. Prolonged ponding
around or atop a device may indicate a plugged facility. If the device becomes plugged, it must be
replaced. Keeping the areas that drain to infiltration devices well swept and clean will enhance the
longevity of these devices. For roofs, frequent cleaning of gutters will reduce sediment loads to these
devices.
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