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Home My WebLink AboutRC 20211208001624 Return Address: ililiuilliltl[iilili!/111!lilliIllillillllilll City Clerk's Office li/li/hull illi iii liii City of Renton 20211208001624 1055 S Grady Way COVENANT Rea:$207.54 Renton,WA 98057 1218/2021 3:52 PM KING COUNTY,WA DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Brian Le Grantee: City of Renton, a Washington municipal corporation Legal Description: Lot 8, Block 2 of Stewart's Highland Acre Tracts, Recorded in Volume 43 of plats Page 17, in King County, Washington; Situated in the City of Renton. Assessor's Tax Parcel ID#: 8011100110 IN CONSIDERATION of the approved City of Renton (check one of the following) ❑ Residential Building Permit ❑Commercial Building Permit ❑Clearing and Grading Permit ❑✓ Civil Construction or Utility Permit for Permit(s) C20004190 (Construction/Building/Utility Permit#)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 PR19-000422 (Project Plan#) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) C20004190 (Construction/Building/Utility Permit#).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 5 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. Page 2 of 5 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 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 fornthe Inspection and Maintenance of Drainage Facilities is executed this 2 day of . . LA' ,20 ' ). • R R,owner of the Property GRANTO caner of the Property STATE OF WASHINGTON COUNTY OF KING )ss. On this day personally appeared before me: (/%#/ VIA l Z /</E) l' Z/Z' / 7(1 I 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 2 3 day of $42-el— ,20./ . "al% , 40. ..*% 1 4,P I HONG LI Printed name Notary Public Notary Public in and for the State of State of Washington Commission#96956 Washington, residing at *Comm. Expires Feb 13, 2024 • (le l/z-/ 0'VW wr -is., ear Isar-emir 41, ear-.or %at My appointment expires . 011 f3l tiI'? Page 3 of 5 Exhibit A — Site Plan _ NE 7TH STREET N88°49'07"W 1318.09' 0 cn 563.26'(PROP) (TO MONROE AVE.NE) - N88°49'07"W 95.95' FOUND " �4(,* 69.94' s� IRON PIPE 2.01' I ;��:�� FOUND �•�♦�� CAP & . • FTINGBUILDING OOD FRAME �� b% 2,073 S.F. P co a Z yam`!!! 801110-0105 � � , ♦� • SO°09'54"E LOT 7 \ x 7,011 S.F. �`�:�:�:� 33.02' 0.161 ACRE `�.�� 3413 NE 7TH ST. ♦�� t��♦ N89°55'02"E 48.89' .�#4��l�l� LEGEND: 38.93' ��• ��.1Sti_ESL ll�� S P.,.. `NN Permeable pavement ti 10.03' I � co �.�.�l x , LOT 2 1 LA m zo 0 7,017 S.F. cc; 0.161 ACRE m o nmi 3417 NE 7TH ST. ��:cn 801110-0100 b 4�j!!! LOT 7 c 4'PUBLIC UTILITY o EASEMENT ►I ::;:A • 1S89°50'06"W 73.93' 7_ 2_0_0'' —t5 W h D W cn 801110-010E LOT 3 =w co LOT 6 co 9,228 S.F. D aa, 0.212 ACRE a_ 3421 NE 7TH ST. r io co _ co rn o FOUND 1/2 z REBAR/CAP FOUND TCA#9634/10356---\ REBAR& 95.96' CAP S88°51'08"E 6.58' Page 4 of 5 Exhibit B — Operations and Maintenance MAINTENANCE INSTRUCTIONS FOR.PERMEABLE PAVEMENT (N6_Nr-vtGETATtD) Yourproperty contains an on-site-BMP(best management practice)called,"://ei-meablepaventele Which 1,1;as installed to miiiiiiiietliestormwater qiyi!Ttity 44.dtiwilit);:iinijaOts of Some*all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep through the pavenienfinto a free-draining gravel or sand bed Where it can be infiltrated into the grotind,.This:.On-site t11,1(P Shall be maintained per Appendix A of the City of Re/Aga's Surface Water DesignMannat Permeable Pavements . . The type(s)of permeable pavement used on your propeit(is(CHECK TAE.-130.7k(E$)THAT U,Porous concrete P,Poiciti5 asphalt Permeable payers Aftidtilat: icfpaveinent MAINTENANCE RESTRICTIONS The area coVeredbYtiermeable pavement as depitted by:the Site Plan anddesip detailsuisthe maintained as permeable pavement and may not be changed litifliout written approval from the City of Renton or tlirongji.a fanne;clevelnpmentpennitfriMillie City of Renton.: INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES • Perineal*:paVeinents musl-WM5pecle4 after One Major stOnii each ye#tomake Stre it is working properly,More frequent inspection is recommended, Prolonged poriding or standing water on the pavement surittee•is a sign that the system is defective and may need to be replaced_If this occurs,contact the pavement:. nstaller or the City of Renton for fiiither inStrtiCtioiis_ • ,A typical"permeable paVeMeht.Systein has a life expectancy of approximately 25 3,-earS..TO help extend the useftil life.of the system,the surface of the permeable pavement should be kept. Clean,stable and free of leaVes,debris,and sediment through regular'sweeping or vacuum sWeeping.Aggregate fill in modular grid pavement may need periodic surface replenishment • The atner is.responsible for the repair of all 11AS deformation,and/Or bioken.poving grids or •payers. • Modular grid pavement,anctpermeable:pavers filled With gravel or with gravel in the joints :may need to be refilled Page 5 of 5