HomeMy WebLinkAboutDeclaration of Covenant - Aguilar Residence - not this oneReturn 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: Gary and Kaci Aguilar
Grantee: Citv of Renton. a Washinston municioal ron
Legal Descripti sn; HTLLMANS LK WN GARDEN OF EDEN #1 LOTS I AND 9, BLK 19
Assessor's Tax Parcel lD#: 334210-2545
lN CONSIDERATION of the approved City of Renton (checkone of thefoilowing)
[]ResidentialBuildingPermit !CommercialBuildingpermit
! Clearing and Grading Permit ! Civit Construction or Utility Permit
for Permit(823004121 ( Co nstr u ctio n/Bu i ld i n g/Uti t ity P e rm it #) rel ati n g to th e rea I p rope rty
rantor(s), the owner(s) in fee of that Property, hereby("Property") described above, the G
covenants (covenant) with the City of Renton ("City of Renton" or "City"l, 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 specifi cations PR230001 16 (Project
Plan#)on file with the City of Renton and submitted to the City of Renton forthe review and
approvalof permit(s) 8,23004121 Gonstruction/Buitdins/Utitity 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
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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. ln 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. lf 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. lf 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. lf 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. lf 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. ll 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%ll.lf 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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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 rnanagement 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.
lN WITNESS WHEREOF, this Declaration of Covenant for the lnspection and Maintenance of
Drainage Facilities is executed this (o aay of Oc-lobe* ,zOJ]_.
'l/aiQ-ruo"*
GRANTOR, o*ne(Jf the Propertythe PropertyGown
STATE OF WASHINGTON
COUNTY OF KING
desc
On this day personally appeared before me
nd who
to me known to be the individual(s)
ing instrument and acknowledged that they
)
)ss.
the hin and forego
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
-A-day
of h. )-.'t\>.r 20L3.
L f isSe-Ac,L,,,-t
Printed name
Notary Public in and for the State of
Washington, resid ing at
My appointment expires B-L4'Zoua
rffcuMMtssrroNE (PtREs
Strtc of
AUCUST m25
I,AruSSA
LICENSE#
Page 3 of-g--
EXHIBIT A - ON.SITE BMP SITE PLAN
TOTAT LOT TE AREA:13,454 SF (0.31 AC)PERMIT#:
ADDRESS:1011 N 35th St, Renton, WA 98056 PARCEL NUMBER:
NEW REPLACED IMPERV. AREA (SFI:7,332 SF DISTURBED AREA
3342102545
ON.SITE USED:Permeable Pavement, Soil Amendment 13,454 SF
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PERMEABLE PAVEMENT SA:
PROVIDE SOIL
AMENDMENT
PER OPTIONS 1,
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2,3,4, OR 5 0F
RENTON STD.
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I PLAN 264,00
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APPENDIX A MAINTENANCE RE,QUIREIVIENTS FOR STORMWATER FACILITIES AND ON-SITE I]MPS
NO. 30 - PERMEABLE PAVEMENT BMP
MAINTENANCE
COMPONENT
DEFECT OR
PROBLEM
CONDITIONS WHEN
MAINTENANCE IS NEEDED
RESULTS EXPECTED WHEN
MAINTENANCE IS PERFORMED
Preventive Surface cleaning/
vegetation control
Media surface vacuumed or pressure
washed annually, vegetation controlled to
design maximum. Weed growth
suggesting sediment accumulation.
No dirt, sediment, or debris clogging
porous media, or vegetation limiting
infiltration.
Porous Concrete,
Porous Asphaltic
Concrete, and
Permeable Pavers
Trash and debris Trash and debris on lhe pavement
interfering with infiltration; leaf drop in fall
season.
No trash or debris interfering with
infiltration.
Sediment
accumulation
Sediment accumulation on the pavement
interfering with infiltration; runoff from
adjacent areas depositing sedimenVdebris
on pavement.
Pavement infiltrates as designed; adjacent
areas stabilized.
lnsufficient infi ltration
rate
Pavement does not infiltrate at a rate of 10
inches per hour.
Pavement infiltrates at a rate greater than
10 inches per hour.
Excessive ponding Standing water for a long period of time on
the surface of the pavement.
Standing water infiltrates at the desired
rate.
Broken or cracked
pavement
Pavement is broken or ciacked.No broken pavement or cracks on the
surface of the pavemenl.
Settlement Uneven pavement surface indicating
settlement of the subsurface layer.
Pavement surface is uniformly level
Moss growth Moss growing on pavement interfering with
infiltration.
No moss interferes with infiltration
lnflow restricted lnflow to the pavement is diverted,
restricted, or depositing sediment and
debris on the pavement.
lnflow to pavement is unobstructed and not
bringing sediment or debris to the
pavement.
Underdrain not freely
flowing
Underdrain is not flowing when pavement
has been infiltrating water.
Underdrain flows freely when water is
preseni.
Overflow not
controlling excess
water
Overflow not controlling excess water to
desired location; native soil is exposed or
other signs of erosion damage are present.
Overflow permits excess water to leave the
site at the desired location; Overflow is
stabilized and appropriately armored.
Permeable Pavers Broken or missing
pavers
Broken or missing paving blocks on
surface of pavement.
No missing or broken paving blocks
interfering with infiltration.
Uneven surface Uneven surface due to settlement or scour
of fill in the interstices of the paving blocks.
Pavement surface is uniformly level.
Compaction Poor infiltration due to soil compaction
between paving blocks.
No soil compaction in the interstices of the
paver blocks limiting infi ltration.
Poor vegetation
growth (if applicable)
Grass in the interstices of the paving
blocks is dead.
Healthy grass is growing in the interstices
of the paver blocks.
2022 City of Renton Surface Water Design Manual
A-41
612212022
MAINTENAN CE INSTRUCTIONS F'OR SOII,AMENDMENT
Your properly contains an on-site BMP (best management practice) called "soil amendment," 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 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,
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.
o Return leaf fall and shredded woody materials from the landscape to the site when possible in
order to replenish soil nutrients and structure.
o On turf areas, "grasscycle" (mulch-mow or leave the clippings) to build turf health.
o Maintain 2 to 3 inches of mulch over bare areas in landscape beds.
o Re-seed bare turf areas until the vegetation fully covers the ground surface.
o Avoid using pesticides (bug and weed killers) which damage the soil.
o 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.
REGORDING 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. I .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.
EXHIBIT C.LEGAL DESCRIPTION
LOTS 8 AND 9, BLOCK 19, C.D. HILLMAN'S I.AKE WASHINGTON
GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS,
PAGE 63, IN KING COUNTY, WASHINGTON. TOGETHER WITH
THAT PORTION OF VACATED ALLEY ADJACENT, WHICH
ATTACHED BY OPERATION OF LAW.
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