HomeMy WebLinkAboutl_Declaration_of_covenant_220831_v4Retum Address:
City Clerk's Offrce
City of Renton
1055 S Grady Way
Renton, WA 98057
DECLARATION OF COVENANT AND EASEMENT FOR INSPECTTON
AND MATNTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS
^ Ram SinohLrrantof:
Crr,,tcc' ffi
Lcgal Description See attached Exhibit C
IN CONSIDER{TION of dre approved City of Reuton (check one of the following)
E residential building permit, E cornmercial building permit, [J clearing and grading permit,
E subdivision pennit, or El short subdivision permit for application file No.
LUA/SWP rclating to the real property ("Propcrty") dcscribed abovc, the
Grantor(s), the owner(s) in fee ofthat Property, hereby covenants(covenaut) with the City ofRenton, a
political subdivision of the state of Washington, drat he/she(they) will observe, consent to, and abide by
the conditions and obligations set forth and described in Paragraphs I through 9 below with legard 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:
l , The Grantor(s) or his/her(their) successors in interest and assiglls ("Owners ") shall at their
own cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed as
rcquired ur the approved construction plans and specifications for the site on file with the City of
Rcnton and subnrincd to the Cirv of Rerrton for rhe revierv rnd approval of peru)ir(s)PR17000016/821003908 The property's dr.ainoge laciliries ar.e shown arrd/or lisred on ExhibitA'Tt* pr"p.rty'. drrr"g. fr shallie maintained inlompliance with the operation and
maintenance schedule included and attached herein as Exhibit B. Drainage facilities include pipes,
channels, flow control facilities, watcr quality facilities, on-srte best mauagement ptactices (BMPs) and
other engineered structures designcd to nanage and,/or treat stonnwater on the Propelty. On-site BMPS
include dispersion and infiltration devices, bioretention, penneable pavements, rainwater harvesting
systems, tree retention credit, reduced irnpervious surface footprint, vegetated roofs and other measures
designed to mimic pre-developed hydrology and minimize stomrrvater runoff on the Propeily.
2. City ofRenton shall have the right Io ingess and egress over those portions of the Property
necessary to perforrn inspections of the stormwater facilities and BMPs and conduct maintcnance
activities specified in this Declaration of Covenant and in accordance with the Renton Municipal Code.
City ofRcnton shall provide at least 30 days lvritlen notice to the Owners that entry on thc Property is
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plamred for tlie inspection of drainage facilities. After the 30 days, the Owners shall allow the City of
Renton to enter for the sole purpose ofinspecting drainage facilities. In lieu ofinspection by the City, the
Owners may elect to ergage a licensed civil engineer registered in the state of Washington who has
expertise in drainage to inspect the drainage facilifies and provide a written report describing their
condition. If the engineer option is chosen, the Owners shall provide written notice to the City ofRenton
within fifteen days of receiving the City's notice of inspection. Witl n 30 days of giving this notice, the
Owners, or engineer on behalfofthe Owners, shall provide the engineer's report to the City ofRenton. If
the report is not provided in a timely manner as specified above, the City ofRenton may inspect the
drainage facililies witlrout fi.rrther norice.
3. If City of Renton determines from its inspection, or from an engineer's report provided in
accordance wilh Paragraph 2, that maintenance, repair, restoration, and/or mitigation work is lequired to
be done to any ofthe drainage facilities, City ofRenton shall notify the Owners ofthe specifrc
nuintenance, repair, restoration, and/or mitigation work (Work) required pursuant to the Renton
Mruricipal Code. The City shall also sct a reasonable deadline for the Owners to complete thc 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 verifiiing completion of tle Work. If the Work is not cornpleted within the time frame set
by the City, the City rnay initiate an enforcement action aud/or perform the required maintenarrce, reptir,
restoratiorl, and./or mitigation work and hereby is given access to the Property for such purposes. Written
notice will be sent to the Owners stating the Cily'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 ofthe
City, there exists an inrminent or present danger, the sevcn (7) day notice period will be waivcd and
maintenance and/or repair work will begin immediately.
4. The Owuers shall assume all responsibility for the cost ofany rnaintenance, repair work, or
any rneasures taken by the City to address conditions as described in Paragraph 3. Such responsibrlity
shall irrclude reimbursement to tlie City within thirty (30) days ofthe receipt ofthe invoice for any such
r.vork pcrformed. Overdue payn.rents will require payment of interest at the nuximum legal rate allowed
by RCW I9.52.020 (curently twelve percent (12%)). If the City initiates legal action to enforce this
agreen.Ient, the prevailing parly in such action is enlitled to recoyer reasonable litigation costs and
attorncy's fees,
5. The Owners are required to obtain written approval from City ofRenton 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 perfoming any alteratioris or
rTTodifications to lhe drainage facilities referenced in this Declaration ofCovenant.
6. Any notice or consent required to be given or otherwise provided for by the provisions of this
Agrecment shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail,
return receipt requested.
7. With regard to the maiters addressed herein, this agreement constitutes the entire agreement
between the pafties, and supersedes all prior discussions, negotiaiions, and all agreements whatsoever
whethcr oral or rvritten.
8. This Declaration of Covenant is intended to protect the value and desirability and promote
efficient and effective management of surface water drainage ofthe real property described above, and
shall inure to the benefit offlll the citizens ofthe City ofRenton and its successors and assigrrs. This
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Declaration ofCovenant shall r-un with the land and be binding upon Grantor(s), and Grantor's(s')
successors in interest, and assigns.
9. Tliis Declaration of Covenanr may be telninated by execution of a written agreement by the
Owners and the City that is recorded by King County ir its real property records.
IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of
Drainage Facilities is executed this 1r<r\day of :trrLy ,20 LL .
GRANTOR, orvncr of thc Property
STATE OF WASH]NGTON
COLINTY OF zuNG
On this day personally appeared before me:
RAltl ql NGI4 , to me known to be the individual(s) described in
and who executed the within and foregoing instrument alld acknowledged that they signed the same as
their free and voluntary act and decd, for the uses and purposes therein stated.
Given under try hand and official seal this Jtl".day of -5U L\r ,20 L?- .
)
)ss.
,:;ri$iir$i:i&7 1" tyay ,i _ 2,
LOKIDA.L glN 6,rl Sol-r,.tt_
Printed name
Notary Publie in and for the State of Washington,
residing at
My appointment expires O 1 <;\{! ")r')-j
??f#*N
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, owner of the Property
EDCE OF
DRIVEWAY
EXHIBIT A-BMPSITEPLAN
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EXHIBIT A. BMP SITE PLAN En*c,,.Bmp""aSS&
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EXHIBIT B
Your properly contains a stormwater management flow control BMP (best management practice)
called t fu ll di sp ers ion, "
Full dispersion is a strategy for minimizing the area disturbed by development (i.e., impervious or
non-native pervious surfaces, such as concrete areas, roofs, and lawns) relative to native vegetated
areas (e.g., forested surface) together with the application of dispersion techniques that utilize the
natural capacrty of the native vegetated areas to mitigate the stormwater runoff quantity and quality
impacts ofthe developed surfaces.
This flow control BMP has two primary compon€nts that must be maintained:
(1) the devices that disperse runoff from tlie developed surfaces, and
(2) the native vegetated area and flowpath receiving the dispersed runoff.
Dispersion Devices
The dispersion devices used on your properry include the following as indicated on the flow
control BMP site plan (CHECK THE BOX(ES) THAT APPLY):
U splash btocks, 0 rock pads, E gravel filled trenches, El sheet flow.
MAINTENANCE RESTRICTIONS
The size, placement, cornposition, and downstream flowpaths ofthese 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 permit from King County.
INSPECTION FREQUENCY AND MAINTENANCE GUIDELINESo Dispersion devices rnust be inspected annually and aller major storm events to identify and
repair any physical defects.
o When native soil is exposed or erosion channels are present, the sources ofthe erosion or
concentrated flow need to be identified and mitigated.
. Bare spots should be re-vegetated with native vegetation,
. Concenkated flow can be mitigated by leveling the edge of the pewious area and/or regrading
or replenishing the rock in the dispersion device, such as in rock pads and gravel-filled
trenches.
RECORDING REQUIREMENT
These full dispersion flow control BMP maintenance and operation instructions rnust 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 Sa rface l{ater Design Manual. The intent of these instructions is
to explain to future property owners, the pupose 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 instmctions based on site-
specific conditions. See King County's Surface Water Design Manual website for additional
information and updates.
EXHIBIT B
CREDIT
Your property contains arr on-site BMP (best management practice) knownas"native growth
retention," the practice of presen'ing a poftion of a properfy in a native vegetated condition (e.g.,
forest) so as to tninimize increases in stonnwater runoff from clearing and to offset the stonnwater
nrnoff impacts caused by imperuious surfaces on your property.
This native vegetated area on your property was.sel.7side b.- coyenant as "native growth retention
area." This on-site BMP shall be maintained per Appendix A of the City of Renron's Surface Water
Design Manual.
MAINTENANCE RESTRICTIONS
The "native growth retention area" is delineated on the site plan attached to the covenant. The trees,
vegetation, ground cover, and soil conditions in this area may not be disturbed, except as allowed by
the following provisions:
I . Trees rnay be harvested in accordance with a King Corurty-approved forest management plan if
approved by King County prior to annexation to the City.
2. Individual trees that have a structural defect due to disease or other defects, and which threaten
to damage a structure, road, parking area, utility, or place ofemploylent or public assembly,
or block emergency access, may be topped, pmned, or removed as needed to eliminate the
threat.
3. Dead or fallen trees, tree lirnbs within ten feet of the ground, and branches overhanging a
residence may be rernoved to reduce the danger of wildfire.
4. Noxious weeds (i.e., plant species listed on the State noxious weed list in Chapter 16-750
WAC) and invasive vegetation (i.e., plant species listed as obnoxious weeds on the noxious
weed list adopted by King County) may be removed.
5. Passive recreation rises and related facilities, including pedestrian, equestrian cotflrunity and
bicycle trails, nature viewing areas, fishing and camping areas, and other similar uses that do
not require permanent structures, are allowed ifclearing and soil compaction associated with
these uses and facilities does nol exceed eight percent of the native growth retention area.
RECORDING REQUIREMENT
These native growth retention credit on-site BMP maintenance and opetation instructions mnst be
recorded as an attaclmlent to the required declaratiorr of covenant and grant of easement per
Requiren,ent 3 of Section C.1.3.4 ofthe City of Renton Surface llater l)esign Marlral. The intent of
these instructions is to explain to future property owners, lhe purpose of the BMP and how it must be
mainlained and operated. These instructions are intended to be a rninirrum; the City ofRenton) may
require additional instructions based on site-specific conditions. See the City ofRenton's Surface
Water Design Manual website for additional information and updates.
EXHIBIT B
Yonr property contains an on-site BMP (best management practice) called"soil tmenlment," wlticlt
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 ofregaining greater stormwater functions in the post development
landscape by increasing treatment ofpollutants and sediments, and minimizing the need for sorne
landscaping chen,icals. To be successful, the soil condition must be able to soak rvater into the ground
for a reasonable nlunber ofyears. This on*ile BMP shall be maintained per Appendix A ofthe City of
Renton's Surface Water Design Manual.
MAINTENANCE RESTRICTIONS
The size, placement, and composition ofthese devices as depicted by the site plan and desigr, details
n'rust be mainoined and rnay not be changed without written approval from the City ofRenton or
through a future developnent 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 nunrber of years.
r Retum leaffall and slredded woody materials from tlie landscape to the site when possible in
order to replenish soil nutrients and structure.
o On turfareas, "grasscycle" (mulch-rnow or leave the clippings) to build turfhealth.
r Maintain 2 to 3 inches ofmulch over bare areas in landscape bcds.
o Re-seed bare turf areas until the vegetatior flilly covers the ground surface.
o Avoid using pesticides (bug and weed killers) which damage rhe soil.
o Where fertilization is needed (trainly turf and annual flower beds), a moderate fedilization
progratn should be used which relies on compost, natural fertilizers, or slow-release synthetic
balanced fertilizers.
RECORDING REQUIREMENT
These on-site BMP tnaintenance and operation instructions must be recorded as an attaclmrent to the
required declaration of covenant and grant of easement per Requirement 3 of Section C. I .3.4 of the
City of Renton,Srrfice Water Design Manuol. The intent of these instructions is to explain to future
property owners, the purpose ofthe BMP and how it tnust be maintained and operated. These
instructions are intcnded to be a minin.rum; the City of Renton may require additional instructions
based on site-speci{ic conditions. See the City ofRenton's Surface Water Design Manual website for
additional information and updatcs.
EXHIBIT C. LEGAL DESCRIPTION
LOT 2, KING COUNTY SHORT PLAT NO. 1177127 , RECORDED UNDER
RECORDING NO. 7803301125, RECORDS OF KING COUNTY,
WASHINGTON, SITUATE IN THE CITY OF RENTON, COUNTY OF KING,
STATE OF WASHINGTON,