HomeMy WebLinkAboutRC 20210614000090 Instrument Number: 20210614000090 Document:COV Rec: $110.50 Page-1 of 8
Record Date:6/14/2021 8:35 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
F�R INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND
ON-SITE BMPS
Grantor: Sierra Homes, Inc.
Grantee: Citv of Renton,a Washin�ton municipal corooration
Lega) Descri ption: LOT 36,BLOCK 19 HIILMANS LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE
NO.7,ACCORDING TO THE PLAT THEREOF RECORDEP IN VQLUME 11 OF PLATS,PAGE 63,IN KING COUNTY,WASHINC3TON.
Assessor's Tax Parcel ID#: 334210-2685
IN CONSIDERATION of the approved Clty of Renton (check one of the fallowing)
❑✓ Residential Building Permit �Commercial Building Permit
❑Clearing and Grading Permit ❑Civil Construction or Utility Permit
for Perm it(s}821000407 (Construcrion/8uilding/Utility Permit#J re lati ng to the real p roperty
("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 speci�cations (Project
P1an�) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) B21000407 (Constructfon/Buflding/UtJlityPermitJ/J.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: 20210614000090 Document:COV Rec: �110.50 Page-2 of 8
Record Date:6/14/2021 8:35 AM King County, WA
treat stormwater on the Property. On-site BMPs include dispersion and infiltration devices,
bioretention, permeabie 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 inspectivns 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 Properry 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 receivingthe Cit�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 speci�ed 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 repart 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, restoratian, 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 verifies completion of
the Work. After the deadJine 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 fo� such purposes. Written notice will be sent to the Owners stating the Cit�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: 20210614000090 Document:COV Rec: �110.50 Page-3 of 8
Record Date:6/14/2021 8:35 AM King County, WA
6. Any notice or consent required to be given ar otherwise provided for by the provisions of this
Agreement shall be effective upon personai delivery,or three(3}days after maifing 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
whatsvever whether oral or written.
S. This Declaration of Covenant is intended to protect the value and desirability and promote
efficient and effecti�e 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(5')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 af Covenant far the Inspection and Maintenance of
Draina e Facilities' executed this�day of �,/a.�1r} ,20 Z� .
,
GRANT R,owner of the Property GRANTOR,owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss.
On this day personally appeared before me:
T�\1-�PL �1�(l��lh�'Ir , 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 � 20�_.
.��
Notary Public
Stete of Washington
AMANDA NGUYEN Printed name
COINMISSION#184�4G4 Notary Public n a d for State of
MY COMMISStON EXPIRES
ApMI 75,2023 Washington,r ' ing at
r�n v�s1n�
My appointment expires
Page 3 of s
Instrument Number: 20210614000090 Document:COV Rec: �110.50 Page-4 of 8
Record Date:6/14/2021 8:35 AM King County, WA
EXNIBIT A - LOT 36 BMP SITE PLAN
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EXHlBlT A-LOT 36 BMP SITE PLAN ����»-��-,�„��-�--,�_�,����
Instrument Number: 20210614000090 Document:COV Rec: �110.50 Page-5 of 8
Record Date:6/14/2021 8:35 AM King County, WA
MAINTENANCE INSTRUCTIONS FOR LIMITED INFILTRATION
Your property contai.ns a stormwater management flow control BMP(best management practice)
called "limited infiltration,"which was iastalled to mitigate the stormwater quantity and quality
impacts of some or all of the impervious surfaces on youx 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 successful,the soil condition azound
the infiltration device must be able to soak water into the ground for a reasonable number of years.
Infiltration Devices
The infiltration devices used on your property include the following as indicated on the flow
control BMP site plan(CHECK THE BOX(ES)THAT APPLY):
x❑ gravel filled lrenches, 0 drywells.
MAINTENANCE RESTRICTIONS
The size,placement,and composition 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.
INSPECTION 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 be inspected 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 sedimentation will
result in a plugged or non-functioning facility.
• If the infiltrarion device has a catch basin,sediment accumulation must be removed on a
yearly basis or more freyuently if necessary.
• Prolonged ponding azound or atop a device may indicate a plugged facility. If the device
becomes plugged,it must be replaced.
• Keeping the areas that drain to infiltrarion devices well swept and clean will enhance the
longevity of these devices.
• For roofs,freyuent 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 declaration 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
aperated. These instructions are intended to be a min;,,,um;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.
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Instrument Number: 20210614000090 Document:COV Rec: �110.50 Page-7 of 8
Record Date:6/14/2021 8:35 AM King County, WA
MAINTENANCE INSTRUCTI4NS 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 impen+ious 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 rnay not be changed without written
approval either from the King County Water and Land Resources Division or through a future
development pernut from King County.
• The soil overtop of the perforated gortion 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 declaration 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 are intended 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
addirional information and updates.
TYPICAL PERFORATED PIPE CONNECTION FOR A SINGLE FAMILY RESIDENCE
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Instrument Number: 20210614000090 Document:COV Rec: �110.50 Page-8 of 8
Record Date:6/14/2021 8:35 AM King County, WA
MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT
Your property contains an on-site BMP(best management practice)called"soil amendment,"wluch
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 yeazs.This on-site BMP shall be maintained per Appendix A of the City of
Renton's Surface Water Desigu Manual.
MAINTENANCE RESTWCTIONS
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 pernut 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 surf'ace.
• 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 wluch relies on compost,natural fertilizers,or slow-release synthetic
balanced fettilizers.
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.