HomeMy WebLinkAboutRC 20180227001659Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -1 of 7
Record Date:2/27/2018 4:20 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 AND EASEMENT FOR INSPECTI®N
AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS
Grantor: TUSCANY CONSTRUCTION, LLC
Grantee: City of Renton
Legal Description: LOT 1, SILVER KING SHORT PLAT LUA14-000208 SHPL-A RECORDING NUMBER 20160929900004
RECORDS OF KING COUNTY, WASHINGTON
Assessor's Tax Parcel ID#: 032305-9020
IN CONSIDERATION of the approved City of Renton (check one of the following)
® residential building permit, ❑ commercial building permit, ❑ clearing and grading permit,
❑ subdivision permit, or ❑ short subdivision permit for application file No.
LUA/SWP 817005778 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, a
political subdivision 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 83850 on file with the City of
Renton and submitted to the City of Renton for the review and approval of permit(s)
617005778 . The property's drainage facilities are shown and/or listed on Exhibit
A. The property's drainage facilities shall be maintained in compliance with the operation and
maintenance schedule included and attached herein as Exhibit B. 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 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 30 days written notice to the Owners that entry on the Property is
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Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -2 of 7
Record Date:2/27/2018 4:20 PM King County, WA
planned for the inspection of drainage facilities. After the 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 days of receiving the City's notice of inspection. Within 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 required maintenance, repair,
restoration, 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 City's intention to perforin 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
maintenance and/or repair work will begin immediately.
4. The Owners shall assume all responsibility for the cost of any maintenance, repair 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 RC W 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.
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
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Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -3 of 7
Record Date:2/27/2018 4:20 PM King County, WA
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 for the Inspection and Maintenance of
Drainage Facilities is executed this - /Z day of )t ie) j i20 r �]
GRANTOR, owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss.
On this day personally appeared before me:
�, ;41-' Al,!�12 6"— 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 day of 1/ 20 .
1rc�lit/t
Printed name
Notary Public Notary Public in and for the State of Washington,
S of Washington residing at
HIRAN FERNANDO
My Appointment Expires Sep 10, 2018
My appointment expires � -- 10 -'L-CD ( S'
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Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -4 of 7
Record Date:2/27/2018 4:20 I'M King County, WA
10
AM,
4" RIGID PVC
DOWNSPOUT LINE
(TOS=2).00%(MIN)
YP-
FILLED DISPERSION
TRENCH PER FIGURE
C.2.4.B, 700 SO, FT.
OF ROOF AREA TO
PROVIDE BASIC
DISPERSION
10-
I .lap
SLOPE
pyW
20 WIDE x 4' DEEP
GRAVEL STRIP
HARD SURFACE CALCULATIONS:
P
ROPOSED) 3,209 SQ. FT. --700 SQ. FT. — 165.8 SQ. FT. 420 SQ. FT, 1,923.2 SQ. FT.
A
OWED) MAX. ALLOWED 6,136 SQ. FT. * 55% = 3,374.8 SQ. FT. NORTH
L Q UI
RE RED MITIGATION) 6,136 * 10% = 613.6 SQ. FT.
PROPOSED MITIGATION) 700+165.8+420 = 1,285.8 SQ. ff. > 613.6 SQ. F7. OKAY
DRAINAGE C01"N'TROL PLAN
SCALE : 1 w-�2OTON
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Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -5 of 7
Record Date:2/27/2018 4:20 PM King County, WA
EXHIBIT B
MAINTENANCE INSTRUCTIONS FOR REDUCED IMPERVIOUS SURFACE
BMP: RESTRICTED FOOTPRINT
Your property contains an on-site BMP (best management practice) known as "restricted footprint,"
the practice of restricting the amount of impervious surface that may be added to a property so as to
minimize the stormwater runoff impacts caused by impervious surface.
MAINTENANCE RESTRICTIONS
The total impervious surface on your property may not exceed 3,209 square feet without
written approval from the City of Renton or through a future development permit from the City of
Renton.
RECORDING REQUIREMENT
These reduced impervious surface 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.
Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -6 of 7
Record Date:2/27/2018 4:20 PM King County, WA
MAINTENANCE INSTRUCTIONS FOR A PERFORATED PIPE
CONNECTION
Your property contains an on-site BMP (best management practice) called a "perforated pipe
connection," which was installed to reduce the storaiwater runoff impacts of some or all of the
impervious 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 roof) to a local drainage system such as a
ditch or roadway pipe system. This on-site BMP shall be maintained per Appendix A of the City of
Renton's Surface Water Design Manual.
MAINTENANCE RESTRICTIONS
• The size and composition of the perforated pipe connection 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.
• The soil overtop of the perforated portion of the system must not be compacted or covered
with impervious materials.
RECORDING REQUIREMENT
These perforated pipe connection 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.
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Instrument Number: 20180227001659 Document:COV Rec: 580.00 Page -7 of 7
Record Date:2/27/2018 4:20 PM King County, WA
MAINTENANCE INSTRUCTIONS FOR BASIC DISPERSION
Your property contains an on-site BMP (best management practice) called "basic dispersion," which
was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious
surfaces or non-native pervious surfaces on your property.
Basic dispersion is a strategy for utilizing any available capacity of onsite vegetated areas to retain,
absorb, and filter the runoff from developed surfaces. This on-site BMP has two primary components
that must be maintained:
(1) The devices that disperse runoff from the developed surfaces and
(2) The vegetated area over which iunoff is dispersed.
Dispersion Devices
The dispersion devices used on your property include the following as indicated on the site
plan (CHECK THE BOX(ES) THAT APPLY):
❑ splash blocks, ❑ rock pads, IN gravel filled trenches, ❑ sheet flow.
MAINTENANCE RESTRICTIONS
The size, placement, composition, and downstream flowpaths 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
This on-site BMP has two primary components that must be maintained per Appendix A of the City of
Renton's Surface Water Design Manual:
(1) The devices that disperse runoff from the developed surfaces and
(2) The vegetated flowpath area over which runoff is dispersed.
Maintenance of Dispersion Devices
• Dispersion devices must be inspected annually and after major storm events to identify and
repair any physical defects.
• When native soil is exposed or erosion channels are present, the sources of the erosion or
concentrated flow need to be identified and mitigated.
• Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigning
or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled
trenches.
Maintenance of Vegetated Flowpaths
• The vegetated area over which runoff is dispersed must be maintained in good condition free
of bare spots and obstructions that would concentrate flows.