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Home My WebLink AboutRC 20220204000978 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-1 of 8 Record Date:2/4/2022 1:56 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-SITE BMPS Grantor: Kiddie Research Daycare Grantee: Citv of Renton, a Washin�ton municipal corporation Legal Description: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M, IN... -see exhibit C Assessor's Tax Parcel ID#: 0423059155 IN CONSIDERATION of the approved City of Renton (check one of thefollowing) ❑ Residential Building Permit �Commercial Building Permit ❑Clearing and Grading Permit Q Civil Construction or Utility Permit for Permit(s)C19006760 (construct�on/au��d�nq/ut��tyPerm�t#)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-4111 (Project P�an#) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) C19006760 _(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 Page 1 of 8 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-2 of 8 Record Date:2/4/2022 1:56 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 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 Z of 8 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-3 of 8 Record Date:2/4/2022 1:56 PM King County, WA 6. Any notice ar consent required to be given or atherwise provided for by the pre�visians of this Agreement shall be effeetive upon persanal deliv�ry,ar three(3)days after maifin�by Certified Mail, return receipt requested. 7. With regard ta the matters addressed herein,this agreement constitutes the entire agreerv�ent between the parties, and supersedes all priar diseussic�ns, negatiations, and all agreea-n�nts whatscsever whether oral ar written. $. This Declaratican of Cc�venant is inter�ded ta pratect the value and desirability and promote efficient and effective rnanagement af surface water drainage af the real property described abave, and shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaratian of Covenant shall run with the land and be binding upon Grantar(s), and Grantor's(s')successors in interest,and assigns. 9. This Declaration af Covenant may be terminated by execution of a written agreernent by the Owners and the City that is recarded by King County irr its rea( property records. IN WITNESS WNEREOF, this ��daratio,�n of Cav�ant, far th� Ir�spection and Maintenance of Drainage Facilities is executed this � day of ` �' �x�`��'�a�r ,20 � �'" � P ..,�.«..-..unTp � ^`� ...,m..yd,..�..»,...«,.,�„„,,,,,.,� .. ,,«,,..i.- ..........,........ �-.,�.�,,......'� .�m,..�w.>�. .�„"^� �,,,a�.��..,..i.,...m.�.,..�.»...,i...�..�»�...«v«...+.- '. GRAI�1'`O�� ,o ner of thP Praperty GRANTOR, owner of the Proper�y STATE f�F WASHINGTON � COUNTY OF KING }ss. On this day persanally appeared before me: �''"'��'� �� .-��e C:��+°;::> °�..,�-��' '«'"'�°q , to me knawn ta b� the individual(s) described in and who executed the within and foregoing instrument and �cknowledged that they signed the same as their free and vo{untary act and deed,far the uses and purposes therein stated. � .�.n� � � ��l� ry ��: ' ZQ ��-�....-�.; Given urader m hand ar�d c�fficial seal this a af ��';:� � �� ° � __ � "��-�- ..�`��'�� ,�., ��,��..,�� .._�_� �� '�� ``" ... �, ��,�,� ��a � � �� W ��a�� ,��`��"�_�".�°+ �C`�a��_. ��.� ,�. "'��, ��"��.-.��°'., �� ,�, , °�,��a�„� Printed narne �„�� T�°�, ��; "� �� Na�ary P'ublic ire and for the 5tate of . :��, � � � du��f� � �� Washington, residing at . � `�'Af `�� .,„�w��.�� °� �a�, �"�x �� p. �'�^� �°' ', �a;"� "� � ....�. .�� I�ly apperintment expires -.�.�, ��tl��°�`��° . :x, Page 3 of 8 Instrument Number• 20220204000978 Document:COV Rec: $210.50 Page-4 of 8 Record Date:2/4/2022 1:56 PM King County, WA EXHIBIT A � DRAINAGE PLAN � � � f �. , ,� �� /�,� i 1 �% � � -�;t�>� � i �� , � , �. , .. t F , i , � r�� w�� ayy�rot�,s5o..-u�°_ .._ .. . _.. � �� i� � 5 � -� -� -,r!_ � aLr/ / 1 1 � / , .._ � �r � � ' /f ..,,... . �' �� . ..... .. ..., .'" � ",. _'', , �. »., \ " // . "" �" . , r SCALE: 1" = 30' �, �, � �-� � .�,_ , � _. �a ,�� l� o zl�� .�� , � � � � ,' r i� � � � � �� / r �� iE �/�`� zr`r ��5� �! � DRY WELL I � ROOF C7,739 SF ��`�. /y,/ ��, � p . ,�a- , _ i� 0 v � OR 0.18 AG.)� / - � i / i l� „ � �� ,A;'� � ��. ' / ,� ... � r',�'_a._ �_,./` , � � ' � ' ROIU DSD IGATI�ON,�„ �� ; ��` r' r�'� `_ � if . �� / I�4��H�` .ytix2 I � i l o / � �� i` il �u� x� ��0y . � � �K� 5` 47 ' � ��4 I � � � J. � �9�� ,� ��_"_F -mNOM12Y.1`r ,�;' �� / ., dv l ., �� „ Y��_f. ;1a� f '_' � ' ., I,� .II �� % "� � �� s` � � '� PARKINCx AREA $ASt OP ROOF �'� /:" / � �r �� . � , " <��,r ;�?'p° � �r � DISCI-IA�'xINCx TO DRY IUELL bi '� t� v � � ,,` �` � n„�.' ;�� , �� ; � S,� � „� OR 0.02 AGJ '/ � � T' �,.8. ....W.. ?_, . ,� �h �. i � " � . ..' . _�,�_r i ia) x �.� /� ��,r:�,..� � �,� '��., '_ � �<i..r� aj ��i ��8� ` . ... , � � ��, � � � .., �C'L�S �� PJF ,� .�,,, �� aA /�r� 't >:g», _— _ � OR 0.03 AG.J� r' ,x..>�> IY r / ..„ "- ,i / ., � I� ..,\ / ' k, l\,, �I �s i'f. / !�! � `ri � t *n,' ` � 5.`�� , .. ,.:� �P� ;, � �+' l vY c.C , � `� 1 � ,t r,�� } !�` —� f �'�� 1'a� �1 , r' �� c �^ / ' I a�'. �, ! � i / 1 /� � � �, 4 _ / y � / � ..." � "r Y , .,•, V�"'. ! � f-4�` � oV - - �y/ - y, .'i'� NE]�THSTREE! �e I' S „n �` � � 3 �\ � ,� ..�.. ��' _��.. . � s,�� - ev��,f77:�'� w� - -m rr��" � � r�F �' . a— x i �w ,� w w� r.�.s r,i. � � 'k f.: "� � 4°� � i � / iti� r,a- w r : � 1 i �s „ � �. � ,.,. ...,,, I� '� �i�r�.��" �rtw�amozGicvnoH�iwr�r �� ,, r � .., '" ,,,., � _.. ,ri � �r�xa (��( �� ry�` - �nmwuxaor. � � ��' . , � � ��.� � e d., .,�5�� VI�� nn�zvm.m�nim / / u�...." "" _.' �"` � e.v..�.wma�m veom � N — �� r .. t dN)...... .... �aseeesen�.euae.vvea yt�__. � c �) �_.= Yr �� ' ..�� .__.._ r,+ __ .. �oESIGN f' �- c�^y, / , I �/ ` � ENGINEERING• PLANNING• SURVEYING 4c (� /�: , . 96L� S .: : "� I �j ... . _.. :Jtid: �'. � � w Z / i`ratiRdiyia .�n. / Ph�M)-�.M1N� � ��`� '��'�" � �; — � pEVELOPEO CONO/T/ONS NCsPIS C1,133 SF � OR 0.03 AG.) {f/DD/ERESEARCHDAYCARECENTER DEYELOPED SASIN DATE FEBRUARY2020 SHEET oF « BOUNDARY (038 AG.) DESIGNED cRe � DRAWN �'S� PROJECT NUMBER 18227 Page4of8 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-5 of 8 Record Date:2/4/2022 1:56 PM King County, WA EXHIBIT B � OPERATIONS AND MAINTENANGE MAINTENANCE INSTRUCTIONS FOR LIMITED INFILTRATION Your property contains an on-sitc BMP (bcst managcmcnt practicc) callcd"li�nited infiltration,"which was installed to mitigate the stormwater quantity 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 cnough to soak most of it into thc ground. To bc succcssful,thc soil condition around thc infiltration device 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. Infiltration Devices The infiltration devices used on your property include the following as indicated on the site plan(CHECK THE BOX(ES) THAT APPLY): ❑ gravel filled trenches, ❑ drywells 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 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 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. Page 5 of 8 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-6 of 8 Record Date:2/4/2022 1:56 PM King County, WA RECORDING REQUIREMENT These limited infiltration 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. Page 6 of 8 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-7 of 8 Record Date:2/4/2022 1:56 PM King County, WA MAINTENANCE INSTRUCTIONS FOR SOIL AMENDMENT Your property contains an on-sitc BMP (bcst managcmcnt practicc) callcd"soil a�nend�nent,"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 rcasonablc numbcr of ycars. This on-sitc BMP shall bc maintaincd per Appcndix A of thc 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.13.4 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. Page 7 of 8 Instrument Number: 20220204000978 Document:COV Rec: $210.50 Page-8 of 8 Record Date:2/4/2022 1:56 PM King County, WA EXHIBIT G � OPERATIONS AND MAINTENANGE Legal Description THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88°57'58"WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 288.04 FEET; THENCE NORTH 1°16'12" EAST, 30 FEET TO THE NORTHERLY MARGIN OF 12TH AVENUE NORTH AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 1°16'12" EAST, 133.36 FEET; THENCE NORTH 88°55'33"WEST, 82.95 FEET TO THE SOUTHEASTERLY MARGIN OF STATE HIGHWAY NO. 2 (SUNSET BOULEVARD); THENCE SOUTH 35°46'17"WEST ALONG SAID SOUTHEASTERLY MARGIN, 139.44 FEET TO THE NORTHEASTERLY CORNER OF A TRACT CONVEYED TO THE STATE OF WASHINGTON, BY DEED RECORDED UNDER RECORDING NUMBER 7110060127; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO ITS INTERSECTION WITH SAID NORTHERLY MARGIN OF 12TH AVENUE NORTH; THENCE SOUTH 88°57'58" EAST ALONG SAID NORTHERLY MARGIN, 151.99 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL A OF BOUNDARY LINE REVISION SURVEY NO. 13-62 RECORDED UNDER RECORDING NUMBER 7�Q�029CD0�.); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. This page is only a part of a 2016 ALTAo Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8,Part II-Exceptions;a counter-signature by the Company or its issuing agent that may be in electronic form. � Copyright American Land Title Association. All rights reserved. �"'�a�c A" IAND fITIP: The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as s` ,"�N of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. n� ALTA Commitment for Title Insurance w-WA Mod(08/01/2016) Printed: 1Q25.18 @ 0123 PM Page 3 WA-CT-FNSE-02150.622476-SPS-1-18-0137788-06 Page 8 of 8