Loading...
HomeMy WebLinkAboutL_Declaration of Covenant_v1 Page 1 of 3 Return Address: City Clerk’s Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT AND EASEMENT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Grantee: City of Renton Legal Description: Assessor's Tax Parcel ID#: IN CONSIDERATION of the approved City of Renton (check one of the following) residential building permit, commercial building permit, clearing and grading permit, subdivision permit, or short subdivision permit for application file No. LUA/SWP_______________________ 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 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 cost, operate, maintain, and keep in good repair, the Property's drainage facilities 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 drainage facilities are shown and/or listed on Exhibit A. The property’s drainage facilities shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B. 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 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 30 days written notice to the Owners that entry on the Property is Ram Singh LOT 2 KC SHORT PLAT NO 1177127 REC # 7803311125 SD PLAT DAF-POR OF N 1/2 OF S 1/2 OF S 1/2 OF NE 1/4 OF SE 1/4 LY E OF KENT - RENTON RD TGW N 17 FT MEAS ALG E MGN OF SD RD OF W 170 FT MEAS ALG N LN OF S 1/2 OF S 1/2 OF S 1/2 OF NE 1/4 OF SE 1/4 LY ELY OF SD RD 302305-9108 x LUA16-000964 Renton for Cherie Lane revise ngra per planning comments Page 2 of 3 planned for the inspection of drainage facilities. After the 30 days, the Owners shall 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 days of receiving the City’s notice of inspection. Within 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 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 required maintenance, repair, restoration, and/or mitigation work and hereby is given access to the 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 present danger, the seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 4. The Owners shall assume all responsibility for the cost of any maintenance, repair 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 legal 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. 5. 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. 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, or 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 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 Page 3 of 3 Declaration of Covenant shall 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 Covenant for the Inspection and Maintenance of Drainage Facilities is executed this _____ day of ____________________, 20_____. GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: , 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 _____ day of ____________________, 20_____. Printed name Notary Public in and for the State of Washington, residing at My appointment expires revise ngra perplanning comments MAINTENANCE INSTRUCTIONS FOR NATIVE GROWTH RETENTION CREDIT Your property contains an on-site BMP (best management practice) known as “native growth retention,” the practice of preserving a portion of a property in a native vegetated condition (e.g., forest) so as to minimize increases in stormwater runoff from clearing and to offset the stormwater runoff impacts caused by impervious surfaces on your property. This native vegetated area on your property was set aside by covenant as “native growth retention area.” This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual. MAINTENANCE RESTRICTIONS The “native growth retention area” is delineated on the site plan attached to the covenant. The trees, vegetation, ground cover, and soil conditions in this area may not be disturbed, except as allowed by the following provisions: 1. Trees may be harvested in accordance with a King County-approved forest management plan if approved by King County prior to annexation to the City. 2. Individual trees that have a structural defect due to disease or other defects, and which threaten to damage a structure, road, parking area, utility, or place of employment or public assembly, or block emergency access, may be topped, pruned, or removed as needed to eliminate the threat. 3. Dead or fallen trees, tree limbs within ten feet of the ground, and branches overhanging a residence may be removed to reduce the danger of wildfire. 4. Noxious weeds (i.e., plant species listed on the State noxious weed list in Chapter 16-750 WAC) and invasive vegetation (i.e., plant species listed as obnoxious weeds on the noxious weed list adopted by King County) may be removed. 5. Passive recreation uses and related facilities, including pedestrian, equestrian community and bicycle trails, nature viewing areas, fishing and camping areas, and other similar uses that do not require permanent structures, are allowed if clearing and soil compaction associated with these uses and facilities does not exceed eight percent of the native growth retention area. RECORDING REQUIREMENT These native growth retention credit on-site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. The intent of these instructions is to explain to future property 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 Renton) may require additional instructions based on site-specific conditions. See the City of Renton’s Surface Water Design Manual website for additional information and updates. MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT Your property contains an on-site BMP (best management practice) called “soil amendment,” which was installed to mitigate the stormwater quantity and quality impacts of some or all of the pervious surfaces on your property. Soil amendment is a method of regaining greater stormwater functions in the post development landscape by increasing treatment of pollutants and sediments, and minimizing the need for some landscaping chemicals. To be successful, the soil condition must be able to soak water into the ground for a reasonable number of years. This on-site BMP shall be maintained per Appendix A of the City of Renton’s Surface Water Design Manual. MAINTENANCE RESTRICTIONS The size, placement, and composition of these devices as depicted by the site plan and design details must be maintained and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES To be successful, the soil must be able to soak water into the ground for a reasonable number of years. • Return leaf fall and shredded woody materials from the landscape to the site when possible in order to replenish soil nutrients and structure. • On turf areas, “grasscycle” (mulch-mow or leave the clippings) to build turf health. • Maintain 2 to 3 inches of mulch over bare areas in landscape beds. • Re-seed bare turf areas until the vegetation fully covers the ground surface. • Avoid using pesticides (bug and weed killers) which damage the soil. • Where fertilization is needed (mainly turf and annual flower beds), a moderate fertilization program should be used which relies on compost, natural fertilizers, or slow-release synthetic balanced fertilizers. RECORDING REQUIREMENT These on-site BMP maintenance and operation instructions must be recorded as an attachment to the required declaration of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the City of Renton Surface Water Design Manual. The intent of these instructions is to explain to future property 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 Renton may require additional instructions based on site-specific conditions. See the City of Renton’s Surface Water Design Manual website for additional information and updates.