HomeMy WebLinkAboutRC 20200320000398 Instrument Number: 20200320000398 Document:COV Rec: $108.50 Page-1 of 6
Record Date:3/20/2020 9:30 AM
Electronically Recorded King County,WA
Return Rddress:
City Clerk's Office
City of Renton
1055 S Grady Way
Renton,WA 98057
DECLARATION QF CCIVENANT
FOR INSPECTlON AND MAINTENANCE OF DRAiNAGE FACiLITIES AND
C?N-SITE BMP5
Grantor: Summit Frenchies LLC
Grantee: CitV of Renton, a Washin�ton municipal corporation
�egai Description: Lot 12 of the plat of Canyon Terrace recorded under King County
Auditor's#20170627000835
Assessar's Tax Parcel lD#: 133273-0120 ,
IN CONSI�ERATION of the approved City of Renton (check one of the follow;ng)
❑✓ Residential Building Permit �Commerciai Building Permit
❑Clearing and Grading Permit ❑Civi)Construction or Utility Permit
for Permit(s) 818003091 (construct�on/su;ldln9/utuiryPermit#)relating to the rea)property
("Property") described above, the Grantor(s), the awner(s) in fee of that Property, hereby
covenants (cavenant) with the City of Renton ("City of Renton" or"City"), a municipal corporation
of the state of Washington,that he/she(tl�ey)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(sj
hereby grants(grant), covenants (covenant}, and agrees(agree} as follows:
1. The Grantor(s)or hisjher(their)successors in interest and assigns("Owners"}shafl at their own
cost, aperate, maintain, and keep in good repair,the Property's drainage fiacilities constructed
as required in the approved construction plans and specifications R-3738 (Project
P�an�s) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s} U14000114 (Construction/euilding/UtiGtyPermit#j.The
Property's drainage facifities are shown and/or listed on Exhibit A—Site Plan. The Property's
drainage fiacilities shal! be maintained in compliance with the operation and maintenance
schedule included and attached herein as Exhibit B—Ogerations and Maintenance. Drainage
facilities inciude 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: 20200320000398 Document:COV Rec: $108.50 Page-2 of 6
Record Date:3/20/2020 9:30 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 foatprint,vegetated roofs and other measures designed to mimic
pre-devefoped 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 fiacilities and BMPs and conduct
maintenance activities specified in this Declaration of Covenant and in accordance with the
Rentan 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 af drainage facilities.After
the thirty (30) days,the Owners shall ailow the City of Renton to enter for the sole purpose of
inspecting drainage facilities. (n lieu of inspectian by the City,the Owners may eiect fio engage
a ficensed 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
required to be done to any of the drainage facilities, City af Renton shall notify the Owners of
the specific maintenance, repair, restoration, andJor mitigation work {"Work") required
pursuant to the Renton Municipal Code. The City shall also set a reasanable deadline for the
Owners to complete the Work, or to provide an engineer's report that verifies completion of
the Work. After the deadiine 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
Property for such purpases. Written notice wi(1 be sent to the Owners stating the City's
intention to perform such Work.This Work wili 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 Work will begin
immediately.
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 wili require payment of interest at the maximum legal rate
allowed by RCW 19.52.020(currently twelve percent (12%)). If#he City initiates legal action to
enforce this agreement, the prevailing party in such action is entitled to recover reasonabfe
litigation costs and attorney's#ees.
5. The Owners are 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 drainage facilities referenced in this Declaration af Covenant_
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Instrument Number: 20200320000398 Document:COV Rec: $108.50 Page-3 of 6
Record Date:3/20/2020 9:30 AM King County,WA
6. Any notice or consent required to be given or atherwise provided for by the provisions of this
Agreement shall be effective upon personal delivery,or three(3}days after mailing by Certified
Maii, return receipt requested.
7. 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.
8. This Declaration of Covenant is intended to protect the value and desirability and promote
efficient and effective management of surface water drainage of 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 Covenant sha!( run with the land and be binding upon
Grantor(s), and Grantor's(s'} successors in interest,and assigns.
9. 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 WITNESS WHEREOF, this Declaration of Cove ant for the Inspection and Maintenance of
Qrainage Facilities is executed this�day of ��dP h�1a�� , 20 j� .
�� �
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GRANTOR,owner of the Property GRANTOR, owner of the Propert�V?
`�/L,{�:y�-..(/i.,�'1i�I V�I� /" �GGLt� 1L�ci��,y c`-�--
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c�G��.���t, ���, p�f,>������;���
STATE OF WASHINGTON ) ����,✓,�,{�,� � C ' -� �
COUNTY OF KING ���� �� r�"��'"i2�''
}ss. G LC.
On this day personaily appeared before me:
� ��-� ll��� to me known to be the individual(s)
describe n 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.
6iven under my hand and official seal this��d of ��y��n�L�'' , 20 �'
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^,�.��`��gela Ear,o'�o,,
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'�o° �yOTARy `��' Printed name
_ ` = Notary Public in and for the State of
��3 p�B��� ��`�'�. � Washington, residi, g at
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Instrument Number: 20200320000398 Document:COV Rec: $108.50 Page-5 of 6
Record Date:3/20/2020 9:30 AM King County,WA
EXHIBIT B
MAI1'�tTENANCE INSTRUCTIONS FOR REDUCED IMPERVIOUS SURFACE
BMP: RESTRI'CTED FOO7'PRINT
Yot�r•property contains an on-site BtvIP(best management practice) known as"restricterl fo�tprint,"
the praetiee of t�estr-ieting tlre aj�aotrf�t of im�ervious srrrfaee that may be crd�lecl to a propeirty so as to
minimize the storm«�ater rtiinoff irnpacts caused by impervious sui-face.
MAiNTENANCE RESTRtCTiONS
The totat impe►-vious surface on your property n�ay not exceed 3,249.95 square feet without
written a}�}�roval fi-om the City of Renton or thraugh a future development permit from the City of
Renton.
RECQRDING REQUtREMENT
These reduced impervious surface on-site BMP maintenance and operation instructions must be
i•ecorded as an attachme»t to the required cleclaration of covenant and grant of easement per
Requirement 3 of Section G.13.4 ofthe City of Renton Surface TYaler Desig��Maf��a�crl. The intent of
tl�ese inst►•uctions is to e�plain to future properly owners, the purpose of the BMP and how it must be
maintained and operated.These instructions are intended to be a minimum; the City of Rentor� may
require additional instructians based on site-specific conditions. See the City of Renton's Sui•face
Water Design Manual ��ebsite for additional information a�id u}�dates.
Instrument Number: 20200320000398 Document:COV Rec: $108.50 Page-6 of 6
Record Date:3/20/2020 9:30 AM King County,WA
EXXIBIT B
MAINTENANCE INSTRUCTIQNS F4R A PERFORA.TED PIPE
C(JNNECTION
Your property contains an on-site BMP(best manageme��t practice)called a`I�erfor�rtecl pi�e
eoia��ectir�n,"which was installed to reduce tile stor-r�-iwater rimoff impacts of some or all of the
impervious surface on your property.
A perforated pipe connectiori is a length of drainage conveyance pipe witl�holes in the vottom,
designed to"leak"runoff, conveyed by tl�e pipe, into a gravef filled tre�zch where it can be soaked into
the surrounding soil.The connection is intended to provide opportunity for infiltration oFany runoff
that is bein�conveyed fi-om a�� impervious siu-face{usually a roo�to a tocal drai�lage system sucli as a
ditch or roadway pi��e system. This orn-site BMP shall be mairitained per Appendil A of the City of
Renton's Stu�face Water Design Matlual.
MAlNTENANCE RESTRICTtONS
• The size and co�nposition of the perforated pipe connection as depicted by the site plan and
design details must be maintained and may not be changed without written approval fi•am the
City of Renton or through a future developme»t permit from the City of Renton.
• The soiI overtop of the perforated portion of the system must not be compacted or covered
with impervious matei•ials.
RECC3RDING REQU[REMENT
These perforated pipe connection on-site BMP maintenance and operation instructiotls rnust be
recorded as an attachment to the required declaration of covenan#and grant of easement per
Requirement 3 of Section C.1.3.4 of the City of Renton Sznface KWcrter Design ttila�tual.The intent of
these i�tstructions is to e�plain to futur-e propei•ty owners,t11e {�urpose of tl�e BMP and lio�v it must be
maintaii�ed and operated. These instructioi�s are intended to be a minimum; the City of Renton may
require additionai instructions based on site-speci�c cor�ditions. See the City af Renton's Surfaee
Water Design Manual website for additional infoi-�nation and updates.
TYPICAL PERF(�RAT�D PIP�CONNECTiON FOR A SINGLE FAMILY ItESIDENCE
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