HomeMy WebLinkAboutRC 20160923000039 � � t
Return Address:
City Clerk's Office
City of Renton � � �
1055 S Grady Way 2��smg2�000�39
Renton,WA 98057 CITY OF RENTON COV 77.00
PAGE-001 OF 003
08/23/2018 08:18
KING COUNTY, WA
DECLARATION OF COVENANT FOR INSPECTION AND
MAINTENANCE OF STORMWATER FACILITIES AND BMPS
Grantor: ��=Pa'U'� l-�C5���5, i r►'�--
Grantee: City of Renton
LegalDescription: �i �—i�-1 , 3v:�C� 1W C•�� 4.�,��,L.�,n,.•�,,vS �I,�, ��y ,
�nl�Q3�n1 r.�r� �A�1V '��i �+-✓J �c,;,Z, G� �i��C.r?t�� �`�S�..ix_�C
Assessor's Tax Parcel ID#: 3�j�Z 1v Z`( Z�N �
IN CONSIDERATION of the approved City of Renton permit
far application file No. LUA/SWP relating to the real property("Property")
described above,the Grantar(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(gant), covenants(covenant),and agrees(agree)as follows:
1. The Grantor(s)ar 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 on file with the City of Renton and submitted to the
City of Renton for the review and approval of permit(s) .The
property's stormwater facilities and/or best management practices("BMPs")are shown and/or listed on
E�ibit 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 E�ibit 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/or
repair work required pursuant to RMC 4-6-030. The City shall also set a reasonable time in which such
Page 1 of 3 Form Approved by City Attorney 10/2013
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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
City,there exists an imminent ar 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 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 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,ar 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 aral 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
successars 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.
IN WI7'NESS WHEREOF,this Declaration �Covenant for the Inspection and Maintenance of
Stormwater Facilities and BMPs is executed this � of S z�'.l�C�%v��ti� , 20 (� .
L �
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GRANTOR, owner of the Property
GRANTOR,owner of the Property
Page 2 of 3 Form Approved by City Attorney 10/2013
STATE OF WASHFNGTON )
CQUNTY OF KiNG )ss.
On this day personally appeared befare me:
�oi..�1�e,� �'1 r�1L�py�u�C .to rne known to be the individual(s)described in
and wha executed the within and faregoing 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 `�� day of �c..(��v�.�. ,20_l�.
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Fage 3 of 3 Farm Approved hy City Attarney 10/2013
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EXHIBIT B
BASIC DISPERSION MAINTENANCE INSTRUCTIONS
Your property contains a stormwater management flow control BMP(best management practice)called
"basic dispersion," which was installed to mitigate the stormwater quantity and quality impacts of some
or all of the impervious surfaces or non-native pervious surfaces on your property. Basic dispersion is a
strategy for utilizing any available capacity of onsite vegetated areas to retain, absorb, and filter the
runoff from developed surfaces. This flow control BMP has two primary components that must be
maintained: (1) the devices that disperse runoff from the developed surfaces and (2)the vegetated area
over which runoff is dispersed.
Dispersion Devices
The dispersion devices used on your property include the following as indicated on the flow control BMP
site plan: ❑ splash blocks, ❑ rock pads, ❑ gravel filled trenches, �.sheet flow.The size, placement,
composition, and downstream flowpaths 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.
Dispersion devices must be inspected annually and after major storm events to identify and repair any
physical defects.When native soil is exposed or erosion channels are present,the sources of the erosion
or concentrated flow need to be identified and mitigated. Concentrated flow can be mitigated by
leveling the edge of the pervious area and/or realigning or replenishing the rocks in the dispersion
device, such as in rock pads and gravel filled trenches.
Vegetated Flowpaths
The vegetated area over which runoff is dispersed must be maintained in good condition free of bare
spots and obstructions that would concentrate flows.