HomeMy WebLinkAboutRC 20210513000014 Instrument Number: 20210513000014 Document:COV Rec: $109.50 Page-1 of 7
Record Date:S/13/2021 7:10 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
Grantor: SSHI LLC, dba D.R. Horton
Grantee: Citv of Renton, a Washin�ton municipal corporation
Legal Description: LOT 13 OF CEDARS AT THE HIGHLANDS FINAL PLAT
KING COUNTY RECORDING NO. 20201106001185
Assessor's Tax Parcel ID#: 1472750130
IN CONSIDERATION of the approved City of Renton (checkoneof the}ollowing)
Q Residential Building Permit �Commercial Building Permit
❑Clearing and Grading Permit ❑Civil Construction or Utility Permit
for Permit(s) B20005789 (construction/euildinq/utilityPermittt)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 municipal 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
cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed
as required in the approved construction plans and specifications R-04054 (Project
Plan#) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) C19000411 (Construction/euilding/UtilityPermit#).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: 20210513000014 Document:COV Rec: $109.50 Page-2 of 7
Record Date:S/13/2021 7:10 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 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 (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 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
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 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 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.
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Instrument Number: 20210513000014 Document:COV Rec: $109.50 Page-3 of 7
Record Date:S/13/2021 7:10 AM King County,WA
6. Any rrotice €�r cc�rrs�rw� rec�arired to Pae given crr at�se�-wise pravAde� for kay�he pc�€avis�c�r�s of this
Agr��cnen�shaCi ��e�ecteve upc�n persc��aC�lelavery,or tf-rree (3�days afk��rra��INng by Certifiet�
Mao6, return r��eipt reqsaested.
7, Wkt� r���rd tc�the rnatters ad�ressec� h�c-ei�,this agreement c�ras��tutes the ent�re agr��ment
between the parties, anc� s�pers�des al� priar discuss�rrr�s, rr�gatiaC�€�ns, ar�� a9C agr��men�s
wvha�sc�ever�whaether'os`�i ar writ�er�..
8. 7his [�eclas'atior� r�� Covenant is antenc��d ta ��otect th� va0u� and des�rabi�ity and g�rarr�pte
�fifRc�en� and ef�fec�ive r�a�rage�roent of sa�rf�c� wa�ter dr�ir�a�e o�th� real prap�rty d�scribec�
�bove, and sh��9 ir��r� to the ber��fit r���IF the citixens csf the City s�f Renton ar�d its s�rccessr�rs
a�d ass�gr�s. T�6s Decla�atiar� of Covertar�� sf�aPl rur� with the �and and be bin�6ng �apc�n
Crantc�r(s), �nd�rarttac'"s�s"� s�ccessc�rs ir� interest, ar�d�ssigns.
9, ThRs Declara�icrr� cs�Cc�ven�rrt rr�ay �e termanat�d by �x�co�tian r�f a wrktten a�r�e�er�t by the
4�vuraers and �h�C�t�th�t is recorded by Kir�g Ca�ar�ty�n its real �rrcap�rty re�ards.
CP� V`JI'�NESS WHER��►F, this I�e�E�ratiara c�� �oven�r�t f�r the Gnspectinn a�td Ma�intenar�ce o�
Dramrtage Faciflities�s executed�h�s � day caf C3ctober , 2p 2t3
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�RA�C'�`C�Et,aw're,�s-of the Prope�ty GRA�!""�`t7R, ov+rr�er af ti�e Prc�perty
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S�'A�'E�F\NAS�if��TC�� )
CQII��"Y(�F KIP+4'G �ss.
fln tk��s day perscr�alSy appeared befcare rrre:
�C�- t"�"Z��,. _ . ..�,,..,�w..w�w.��_____,,, �cr a�e knawr� to be th� inctivwc�ual(s�
r�escribed ir� and w�rcr execc�ted tkte withrin anci fe�re�c�ir�g wnstrurrrerrt arad �cknawledged tha� they
sig�ed the same as thei��ree�r�c�vcaF�r��ary a��an���ed,�or t��uses and p�arpases th�reir�st��ed.
��ve�o urscCcr�rry h�r�d actd official se��this �.�."�- ciay o� � µ 2��G� .
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IV�y appair�trne�t experes � �" ��° ���
�a�e 3 of?
Instrument Number: 20210513000014 Document:COV Rec: $109.50 Page-4 of 7
Record Date:S/13/2021 7:10 AM King County,WA
EXHIB/T A - FLOW C4NTROL BMP S/TE PLAN
TOTAL LOT AREA: 9,047 S.F
ADDRESS: 14110 160TH A�E SE, RENTON, WA
PARCEL NUMBER: 1472750130
PERMir # B20005789
EX/ST(NG PER�IOUS AREA: 0 S.F
PROPOSED PER l/IDUS AREA: 5,661 S.F.
EXISTING /MPERVlOU5 AREA: 0 S.F.
PROPOSED IMPER 1/(OUS AREA: 3,386 S.F
' � FLOW ARROW __.
r
(TYP.)
25' �EGETA TED—
' FLOW PATH
BAS/C DISPERSION l/lA-
DISPERSION TRENCH. SEE
FLOW CONTROL BMP NOTE.
CONNECT ROOF �� � � --
DRAlNS TO STORM
STUB WITH 6"0 ��,��� _., i� '' ,,, �`, , ,, �',
— , _ n �- �. __ `� � ..----.
PERFORA TED PIPE � �� � �� �� �� `• „
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lN 2'x10' TRENCH � � ��--�� �
PER COR STD �C. �',, ' ' �� �� ;
PLAN 263.40 - "' �
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O WNER ADORESS.• FL O W CON TROL BMP NO TE:
D.R. HORTON THlS PROPERTY W/LL UTILIZE THE
FOLLOW/NG FLOW CONTROL BMP"S:
11241 SLATER A�E NE, SUITE #200 . RESTRICTED FOOTPRINT. THE
KIRKLAND, WA 98033 TOTAL IMPERVIOUS SURFACE
SHALL NOT EXCEED 3,390 S.F.
IMPER l/IOUS AREA: • PERFORATED PIPE CONNECTION.
TOTAL LO T AREA: 9,047 S.F • 700 S.F. OF RODF AREA TO BE N O RT H
IMPER�IOUS SURFACE ALLOWED ROUTED TO SIMPLE 10—FOOT GRAPHIC SCALE
BY ZON/NG: 4,524 S.F. (509') GRA�EL FILLED TRENCH/ 0 15 30 45
RESTRICTED FOOTPRINT.• 3,390 S.F. DISPERSION TRENCH (700 S.F � ��
TOTAL (MPER�IOUS AREA: 3,386 S.F. PER TRENCH AN� 25' M/N.
TOTAL PER�IOUS AREA: 5,661 S.F l/EGETATED FLOW PATH), 1 INCH = 30 FT.
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Instrument Number: 20210513000014 Document:COV Rec: $109.50 Page-5 of 7
Record Date:S/13/2021 7:10 AM King County,WA
EXHIBIT B
MAINTENANCE INSTRUCTIONS FOR BASIC DISPERSION
Your property contains an on-sitc BMP (bcst managcmcnt practicc) callcd"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 retai�n,
absarb, and filter the runoff from developed surfaces. This on-site 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 site
plan(CHECK THE BOX(ES) THAT APPLY):
� splash blocks, ❑ rock pads, � b avel filled trenches, ❑ sheet flow.
MAINTENANCE RESTRICTIONS
The size,placement, composition, and d�ownstream flowpaths 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 d�evelopment permit from the City of Renton.
INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES
This on-site BMP has two primary components that must be maintained per Appendix A of the City of
Renton's Surface Water Desig�n Manual:
(1) The devices that disperse runoff froin the developed surfaces and
(2) The vegetated flowpath area over which runoff is dispersed.
Maintenance of Dispersion Devices
• 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 chlnnels are present, the sources of the erosion or
concentrated flow need to�be identified a�nd mitigated.
• Concentrated flow can be mitigated by leveling the edge of the pervious area andlor realigning
or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled.
trenches.
Maintenance of 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.
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Instrument Number: 20210513000014 Document:COV Rec: $109.50 Page-6 of 7
Record Date:S/13/2021 7:10 AM King County,WA
EXHIBIT B
MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE
CONNECTION
Your property contains an on-sitc BMP (bcst managcmcnt practicc) callcd a"perforated pipe
connection,"which was installed to reduce the stormwater runoff i�mpacts of some or all of the
impervious surface on your property.
A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom,
designed to "leak"runoff, conveyed by the pipe,into a gravel filled trench where it can be soaked into
the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff
that is bcing convcycd from an impervious surfacc (usually a roo fl to a local drainagc systcro such as a
ditch or roadway pipe system. This on-site BMP shall be maintained per Appendix A of the City of
Renton's Surface Water Design Manual.
MAINTENANCE RESTRICTIONS
• The size and composition 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 from the
City of Renton or through a future development permit from the City of Renton.
• Thc soil overtop of thc perforatcd portion of thc systcm must not bc compactcd or covcrcd.
with impervious materials.
RECORDING REQUIREMENT
These perforated pipe connection 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 C1.3.4 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 intend�ed 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.
TYPI"�CAL PER�'t�RATEb P�PE C4�NECTIUl�T FOR A�IN�LE�'ANTiLY RE�IDE�CE
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Page 6 of 7
Instrument Number: 20210513000014 Document:COV Rec: $109.50 Page-7 of 7
Record Date:S/13/2021 7:10 AM King County,WA
EXHIBIT B
MAINTENANCE INSTRUCTIONS FOR REDUCED IMPERVIOUS SURFACE
BMP: RESTRICTED FOOTPRINT
Your property contains an on-sitc BMP (bcst managcmcnt practicc)known as "restricted footp�int,"
the practice of restricting the a�noui�t of impervioa�s su�face that may be added to a property so as to
minimize the stormwater runoff impacts caused by impervious surface.
MAINTENANCE RESTRICTIONS
The total impervious surface on your property may not exceed 3425 square feet without
written approval from the City of Renton or through a future development per�mit from the City of
Rcnton.
RECORDING REQUIREMENT
These reduced impervious surface 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.13.4 of the City of Renton Su�ace Water Design Mam�al. 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. Thcse instructions are intend�ed to bc a minimum; thc City of Renton may
require additional instructions based on site-specif'ic conditions. See the City of Renton's Surface
Water Design Manual website for additional information and updates.
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