HomeMy WebLinkAboutRC 20190905000016 Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-1 of 7
Record Date:9/5/2019 7:a3 AM
Electronically Recorded King County,WA
Return Address:
City Clerk's Office
City of Renton
1055 S Grady Way
Renton,WA 98057
DECLARATION OF COVENANT
FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND
ON-SITE BMPS
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! Grantor: Seattle Area Plumbing and Pipefitting Industry Journeyman&Apprenticeship Training Trust
Grantee: Citv of Renton, a Washin�ton municipal corporation
Legal Description: Parcel Y,City of Renton Boundary Line Adjustment No.LUA16-000265, recorded
! September 1,2016 under King County Recording No.20160901900006, Records of King County,Washington
Assessor's Tax Parcel ID#: 2423oa-9�22
IN CONSIDERATION of the approved City of Renton (checkone of thefollowing)
❑ Residential Building Permit �Commercial Building Permit
� ❑Clearing and Grading Permit ✓❑Civil Construction or Utility Permit
for Permit(s) U15005192 (construction/euildinq/uti�ityPermit#)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 ("City of Renton" or"City"), a municipa) corporation
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 9 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")shall at their own
h' cost, operate, maintain, and keep in good repair,the Property's drainage facilities constructed
as required in the approved construction plans and specifications R-3914 (Project
P�an tt) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) u15oo5192 (Construction/euilding/UtilityPermitlf).The
Property's drainage facilities are shown and/or listed on Exhibit A—Site Plan.The Property's
drainage facilities shall be maintained in compliance with the operation and maintenance
schedule included and attached herein as Exhibit B—Operations and Maintenance. Drainage
facilities include pipes, channels, flow control facilities, water quality facilities, on-site best
management practices (BMPs) and other engineered structures designed to manage and/or
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Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-2 of 7
Record Date:9/5/2019 7:43 AM King County,WA
treat stormwater on the Property. On-site BMPs include dispersion and infiltration devices,
bioretention, permeable pavements, rainwater harvesting systems, tree retention credit,
reduced impervious surface footprint,vegetated roofs and other measures designed to mimic
pre-developed hydrology and minimize 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 the
Renton Municipal Code. City of Renton shall provide at least thirty(30) days'written notice to
the Owners that entry on the Property is planned for the inspection of drainage facilities.After
the thirty(30) days,the Owners shail allow the City of Renton to enter for the sole purpose of
inspecting drainage facilities. 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 drainage facilities 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 (15)days of receiving the City's notice of inspection.Within thirty(30)days of giving this
notice,the Owners,or 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 drainage facilities without further notice.
' 3. If City of Renton determines from its inspection, or from an engineer's report provided in
' accordance with Paragraph 2,that maintenance, repair, restoration,and/or mitigation work is
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required to be done to any of the drainage facilities, City of Renton shall notify the Owners of
the specific maintenance, repair, restoration, and/or mitigation work ("Work") required
pursuant to the Renton Municipal Code. The City shall also set a reasonable deadline for the
Owners to complete the Work, or to provide 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 drainage facilities unless an engineer's report has been provided verifying completion of
the Work. If the Work is not completed within the time frame set by the City, the City may
� initiate an enforcement action and/or perform the Work and hereby is given access to the
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F Property 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
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present danger, the seven (7) day notice period will be waived and Work will begin
�� immediately.
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' 4. The Owners shall assume all responsibility for the cost of any Work, or any measures taken by
the City to address conditions as described in Paragraph 3. 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 maximum lega) rate
allowed by RCW 19.52.020(currently twelve percent(12%)). If the City initiates legal action to
enforce this agreement, the prevailing party in such action is entitled to recover reasonable
litigation costs and attorney's fees.
S. The Owners are 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 drainage facilities referenced in this Declaration of Covenant.
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Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-3 of 7
Record Date:9/5/2019 7:43 AM King County,WA
6. Any notice or consent required to be given or otherwise provided for by the provisions of this
Agreement shall be effective upon personal delivery,ar three(3)days after mailing by Certified
Mail, return receipt requested.
7, With regard to the matters addressed herein,this agreement constitutes the entire agreement
between the parties, and supersedes all priar discussians, negotiatians, and all agreements
whatsaever whether aral ar written.
8. This Declaration of Cavenant is intended to protect the value and desirability and promate
efficient and effective management af surface water drainage af the real property 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 Cavenaret shall run with the land and be binding upan
Grantor(s), and Grantor's(s'}successors in interest, and assigns.
9. This Declaration of Covenant may be terminated by executian of a written agreement by the
Owners and the City that is recarded by King Caunty in its read property records.
� IN WITNESS WHEREOF, this Declaration of Cavenant for the Inspectinn and Maintenance of
� Drainage Facilities is executed this�day af �� , 20 �.
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GRANTOR, owner of the Pra erty GRANTOR,owner of the Property
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STATE OF WASHINGTC7N )
j COUNTY OF KING )ss.
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On this day personally appeared before me:
� , ta me known ta be the individual(s)
II described in and wha executed the within and faregaing instrument and acknowledged that they
'('', signed the same as their free and voluntary act and deed,far the uses and purposes therein stated.
� Given under my hand and ofificial sead this�d f_ �„ �.�
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Notary Public � �.�� �°. "�-,��� �"�-
State of Washin�ton Printed name
{ My Appointment�x�,�res Natary Public in end for the State af
li Jan 2S,2021
; Washingtcrn, residing at
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Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-4 of 7
Record Date:9/5/2019 7:43 AM King County,WA
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Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-5 of 7
Record Date:9/5/2019 7:43 AM King County,WA
Exhibit B
APPENDIX A 1�SAINTENfL\CE REQUIREMENTS FLO\�'CONTROL;CQNVEYt1±1C`E,As�tD��'Q FACII..ITIES
NC3.30—�ERMEABL.E PAVEMENT BMP
Maintenance Defect or Problem Conditians When Maintenance Is Needed Resuits Expected When
Component Maintenance is Pertormed
Preventative Surtace Geaning/ A4edia surtace vacuumed or pressure washed No dirt,sediment,or debris cfogging
vegetatian control annuaily,vegetation controlied to design porous media;or�egetation limiting
maximum. UVeed grovAh suggesting sediment infiltration.
accumulation.
Porous Concrete, Trash and debris Trash and debris on the pavement interfering No trash or debris interiering�n�ith
Pofous AsphaltiC with infiitration;leaf drop in fall season. infiitration.
Concrete,and
Permeable Pavers Sediment Sediment accumulation on the pavement Pavement infiltrates as designed;
accumulation interfering�a�ith infiitration;runoff from adjacent adjacent areas stabilized.
areas depositing sedimentidebris on pavement.
Infiltration rate Pavement does not infiltrate at a rate of 10 Pavement infiltrates at a rate greater
inches per hour. than 10 inches per hour.
Ponding Standing water for a long period of time on the Standing water infiitrates at the
surtace of the pavement. desired rate.
Broken or cracked Pavement is broken or cracked. No broken pavement or cracks on
pavement the surface of the pavement.
Settlement Uneven pavement surface indicating settlernent Pavement surt�ce is uniformiy level.
of the subsurtace layer.
Fvtoss growth ��Aoss groaring on pavement intertering with No moss interteres tivith inflltration.
infiltration.
Infloe�r Inflow to the pavement is diverted,restricted,or iniloa:�to pavement is unobstructed
depositing sediment and debris on the and not bringing sediment or tlebns
pavement. to the pavement.
Untlerdrain Underdrain is not flovring when pavement has Underdrain fiows freely when water
been infiltrating watec is present.
Overfiotiv Overtiov,�not controliing excess�vater to desired Overflow permits excess water to
location;native soii is exposed or other signs of leave ihe site at the desired location;
erosion damage are present. Ovetflovd is stabilized and
appropriately armored.
Pem�eable Pavers Broken or missing Broken or missing paving blocks on surt�ce of No missing or broken paving biocks
pavers pavement. intertering with infiltration.
Level surtace Uneven su�face due to settlement or scour of fiii Pavement surtace is uniformiy level.
in the interstices of the paving biocks.
Compaction Poor infiltration tlue to sofl compaction between No soii compaction in the interstices
paving blocks. of the paver biocks limiting
infiltration_
Dead grass Grass in the interstices of the paving blocks is Healthy�rass is growring in the
dead. interstices of the paver blocks.
Inspection Frequency Annuaily antl after large storms,and as needed Permeabie pavement is functioning
' seasonaliy to control leaf drop,evergreen normaily.
' needtes etc.
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Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-6 of 7
Record Date:9/5/2019 7:43 AM King County,WA
EXHIBIT C - LEGAL DESCRIPTION
Parcel Y, City of Renton Boundary Line Adjustment No. LUA16-000265, according to
the Boundary Line Adjustment recorded September 1, 2016 under recording Number
20160901900006, being a portion of the West Half of the Northwest Quarter of
Section 24, Township 23 North, Range 4 East, W.M., in King County, Washington.
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Instrument Number: 20190905000016 Document:COV Rec: $109.50 Page-7 of 7
Record Date:9/5/2019 7:43 AM King County,WA
PERMEABLE PAVEMENT MAINTENANCE INSTRUCTIONS
Your property contains a starmwater management flow control BMP(best management practice)calied
"permeable pavement,"which was installed to minimize the stormwater quantity and quality impacts of
some or ali of the paved surfaces an your property,Permeable pavements reduce the amount af rainfafl
that becomes runoff by allowing water to seep through the pavement inta a free•draining gravel or sand
bed,where it can be infiltrated into the ground.
Permeabfe Pavement
The type(s)of permeable pavemenk used on your property is: porous asphaltic concrete,The area covered by
permeable pavement as depicted by the flow contral BMP site plan and design details must be maintained as
permeable pavement and may not be changed without written approval from the City of Renton.
Permeable pavements must be inspected after ane major starm each year to make sure it is working
properly.Prolonged ponding or standing water an the pavement surface is a sign that the system is
tlefective antl may need to be replaced. If this accurs,contact khe pavement installer or the City of Renton
for further instructions.A typical permeable pavement system has a life expectancy of appraximately 25-years.
To help extentl the usefu)life of the syskem,the surface of the permeable pavement shauld be kept clean and
free of leaves,debris,and sediment through regular sweeping ar vacuum sweeping.The owner is respansibfe
for the repair of all ruts,deformation,and(or broken paving units,
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