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HomeMy WebLinkAboutRC 20210519002590 Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-1 of 8 Record Date:S/19/2021 5:24 PM 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-S1TE BMPS Grantor: Sierra Homes, Inc. Grantee: Citv of Renton.a Washington municipal corporation Legal Descri ption: LOT 34,BLOCK 19 FfILLMANS LAKE WASHINGTON GARDEN OF EDEN ADDITtON TO SEATTLE NO.1,ACCORDItJG TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLAT5,PAGE 63,lN KING COUNTY,WASHIPSGTON. Assessor's Tax Parcel ID#: 334210-2675 IN CONSIDERATION ofthe approved City of Renton (checkoneofrhefollow;nq) ❑✓ Residential Building Permit �Commercial Building Permit ❑Clearing and Grading Permit ❑Civi)Construction or Utility Pe�mit for Permit(s)821000402 (const.�.crion/a�;�d;n9/uti�irynerm;ra)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 follo4vs: 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 (Profecr P�on u) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) g21000402 (Construction/Building/U[ilityPermit#).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 Page 1 of 6 Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-2 of 8 Record Date:S/19/2021 5:24 PM 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 footp�int,vegetated roofs and othe�measures designed to mimic pre-de�eloped hydrology and minimize stormwater runoff on the Property. 2. City of Renton shall have the right to ingress and egress ove�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�eceiving the Cit�s notice of inspection.Within thirty(30)days of giving this notice,the Owners,or engineer on behalf of the�wners,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 engineers report that veri�es 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 disc�etion 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 atto�ney'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.), ar performing any alterations or modifications to the drainage facilities referenced in this Declaration of Covenant. Page 2 of fi Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-3 of 8 Record Date:S/19/2021 5:24 PM 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,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 e�cient 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 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?3day of vvla,tLft�- ,20 Z�. � GRANTOR,owner of the Property GRANTOR,owner of the Properly STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: �n��— ��nidc9BtY1�1r , 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�- f 20�. Notary Public State oi Washington P d na e AMANDA NGUYEN COMMISSiON#184484 Notary Pu lic i and for the State of MYCOMMISSION EXPIfiES N/ashin sidin at Ap�EI 15,2023 � g ..., �` 1� � My appointment expires �?-�1- Page 3 of S Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-4 of 8 Record Date:S/19/2021 5:24 PM King County, WA EXHIBlT A - LOT 34 BMP S17E PLAN - - — /'VACATED ALLEY � PER PLIT f I _ _ - -�- PROPER7Y UNE O I STl?RA! CLEANOUT(TYP)' � � I � � � AREA DRAIN I (TY?) � � SCALE 1" = 10'+ I � UNCOYERED PAAO - - I � I I - - , � - J I I I I I I 6'ST01?Al (7YP) I I I! I � (� I � I I I I I � I I i � I �� �F�f� I I I � I � �� � � �� � ' �� � i �� I �� I � �� - - �♦ � �� _ ��� I - L �D�,� I I � � � �� lNFlLTRATION DRIVEWAY I � AREA I FERFORATED PlFE ' SNB—OUT I � — — — — — C�fVNECAQN � � SIERRAHOMES, rrvc. Encom�ass�, EXHIBIT A-LOT 34 8MP SITE PLAN �•���..���-,'�;��•�--������:4e Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-5 of 8 Record Date:S/19/2021 5:24 PM King County, WA MAINTENANCE INSTRUCTIONS FOR LIMITED INFILTRATION Your property contains a stormwater management flow control BMP(best management practice) called "limited infiltration,"which was installed to mitigate the stormwater quantiiy and quality impacts of some or all of the impervious surfaces on your property. Limited infiltration is a method of soaking runoff from impervious area(such as paved areas and roofs)into the ground. Infiltration devices, such as gravel filled trenches,drywells,and ground surface depressions, facilitate this process by putting runoff in direct contact with the soil and holding the runoff long enough to soak most of it into the ground. To be successfi�l,the soil condition around the infiltration device must be able to soak water into the graund for a reasonable number of years. Infiltration Devices The infiltration devices used on your properly include the following as indicated on the flow control BMP site plan(CHECK THE BOX(ES)THAT APPLI�: B gravel filled trenches, ❑ drywells. MAINTENANCE RESTRICTIONS The size,placement,and comgosition 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 either from the King County Water and Land Resources Division or through a future development gernvt from King County. 1NSPECTION FREQUENCY AND MAINTENANCE GUIDELINES To be successful,the soil condition around the infiltration device must be able to soak water into the ground for a reasonable number of years. • Infiltration devices must he insgected annually and after major storm events to identify and repair any physical defects. • Maintenance and operation of the system should focus on ensuring the system's viability by preventing sediment-laden flows from entering the device. Excessive sedimentarion will result in a plugged or non-functioning facility. • If the infiltration device has a catch basin, sediment accumulation must be removed on a yearly basis or more frequently if necessary. • Prolonged ponding around or atop a device may indicate a plugged facility. If the device becomes plugged, it must be replaced. • Keeping the areas that drain to infiltration devices well swept and clean will enhance the longevity of these devices. • For roofs,frequent cleaning of gutters will reduce sediment loads to these devices. RECORDING REQUIREMENT These limited infiltration flow control BMP maintenance and operation instructions must be recorded as an attachment to the required declarallon af covenant and grant of easement ger Requirement 3 of Section C.1.3.4 of the King County 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 ogerated. 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F�C�Coi '4.,��'' �,„M t��I�'�� * �d44�E. �� � � � G,., � �w��.fi A�r�crw� � � r v'��2�a�-c�� . ,� �� � s�asawra��au���� � a,�� € c a M G����s'�rfn,raw�it:�».� r .._ ���CPiIF:.NG'mFVS. .,7 a v NC:k9 9�'AGN�;'�AKJCb «.a�.crwruarx�a GRCaGJPrtlI`)�'V'Rl'C."aZ I I�.r.. ,....,,.,.�,,,.� L�h90Yd8T10�J,�".r ,.,c!�.�3 aa,��:ta T/k�f�L,E.w�!� � vi�.YV ("w'" �n` SEL'Ttt3hF C��,"a".«'�.,?�` _._rr;Y�. _ 3C-5�C71tDN _............�.._., h�l"5 Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-7 of 8 Record Date:S/19/2021 5:24 PM King County, WA MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE CONNECTION Your property contains a stormwater management flow control BMP(best management practice) called a "perforated pipe connection,"which was installed to reduce the stormwater runoff impacts 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 being conveyed from an impervious surface(usually a roo fl to a local drainage system such as a ditch or roadway pipe system. MAINTENANCE RESTRICTIONS • The size and composition of the perforated pipe connection as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County. • The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. RECORDING REQUIREMENT These perforated pipe connection flow control BMP maintenance and operation instructions must be recorded as an attachment to the required declarallon of covenant and grant of easement per Requirement 3 of Section C.1.3.4 of the King County 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 aze inteaded to be a minimum;the King County Department of Permitting and Environmental Services(DPER)may require additional instructions based on site-specific conditions. See King County's Surface Water Design Manual website for additional information and updates. TYPICAL PERFORATED PIPE CONNECTION FOR A SINGLE FAMILY RESIDENCE �� randomrip t�°,a����� �fiRa f abrx � o a p R'qed Ppe Y x 10 �� .0 9 qb.a ' t�x.aw'v�sthed rodc �g�pa t1ElKh e a C�6 00 4 w�PV� �Q~9� o.q 9q� i O b � �2t'mn�l PLAN VIEW QF RO�F NTS (TYPICAL) TRENCH X SECTIQW NTS Instrument Number: 20210519002590 Document:COV Rec: $110.50 Page-8 of 8 Record Date:S/19/2021 5:24 PM King County, WA MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT Your property contains an on-site BMP(best management practice)called"soil amendment,"which was installed to mirigate 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. INSPECT{ON FREQUENCY AND MAINTENANCE GUIDELINES To be successful,the soil must be able to soak water into the ground for a reasonable number of yeazs. • 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 baze 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 ihe required declarateon 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.