HomeMy WebLinkAboutStorm Covenants 8 pgsPage 1 of ___
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:
Grantee: City of Renton, a Washington municipal corporation
Legal Description:
Assessor's Tax Parcel ID#:
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)_____________________ (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 __________________ (Project
Plan #) on file with the City of Renton and submitted to the City of Renton for the review and
approval of permit(s) _____________________________ (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
Renton School District
Refer to "Exhibit C"
2823059004, 2823059042
C22002856
C2.1,C2.2,C2.3,C2.4
C22002856
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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. 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.
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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 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 for the Inspection and Maintenance of
Drainage Facilities is executed this _____ day of ____________________, 20_____.
GRANTOR, owner of the Property GRANTOR, owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss.
On this day personally appeared before me:
, 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 ___________________, 20_____.
Printed name
Notary Public in and for the State of
Washington, residing at
My appointment expires
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EXHIBIT A - SITE PLAN
LINDBERGH HIGH SCHOOL PAGE 4 OF 25Page 4 of 8
APPENDIX A MAINTENANCE REQUIREMENTS FOR FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES
NO. 5 – CATCH BASINS AND MANHOLES
Maintenance
Component
Defect or Problem Condition When Maintenance is Needed Results Expected When
Maintenance is Performed
Structure Sediment Sediment exceeds 60% of the depth from the
bottom of the catch basin to the invert of the
lowest pipe into or out of the catch basin or is
within 6 inches of the invert of the lowest pipe
into or out of the catch basin.
Sump of catch basin contains no
sediment.
Trash and debris Trash or debris of more than ½ cubic foot which
is located immediately in front of the catch basin
opening or is blocking capacity of the catch basin
by more than 10%.
No Trash or debris blocking or
potentially blocking entrance to
catch basin.
Trash or debris in the catch basin that exceeds 1/3 the depth from the bottom of basin to invert
the lowest pipe into or out of the basin.
No trash or debris in the catch
basin.
Dead animals or vegetation that could generate
odors that could cause complaints or dangerous
gases (e.g., methane).
No dead animals or vegetation
present within catch basin.
Deposits of garbage exceeding 1 cubic foot in
volume.
No condition present which would
attract or support the breeding of
insects or rodents.
Damage to frame
and/or top slab
Corner of frame extends more than ¾ inch past
curb face into the street (If applicable).
Frame is even with curb.
Top slab has holes larger than 2 square inches
or cracks wider than ¼ inch.
Top slab is free of holes and cracks.
Frame not sitting flush on top slab, i.e.,
separation of more than ¾ inch of the frame from
the top slab.
Frame is sitting flush on top slab.
Cracks in walls or
bottom
Cracks wider than ½ inch and longer than 3 feet,
any evidence of soil particles entering catch
basin through cracks, or maintenance person
judges that catch basin is unsound.
Catch basin is sealed and is
structurally sound.
Cracks wider than ½ inch and longer than 1 foot
at the joint of any inlet/outlet pipe or any
evidence of soil particles entering catch basin
through cracks.
No cracks more than 1/4 inch wide at
the joint of inlet/outlet pipe.
Settlement/
misalignment
Catch basin has settled more than 1 inch or has
rotated more than 2 inches out of alignment.
Basin replaced or repaired to design
standards.
Damaged pipe joints Cracks wider than ½-inch at the joint of the
inlet/outlet pipes or any evidence of soil entering
the catch basin at the joint of the inlet/outlet
pipes.
No cracks more than ¼-inch wide at
the joint of inlet/outlet pipes.
Contaminants and
pollution
Any evidence of contaminants or pollution such
as oil, gasoline, concrete slurries or paint.
Materials removed and disposed of
according to applicable regulations.
Source control BMPs implemented if
appropriate. No contaminants
present other than a surface oil film.
Inlet/Outlet Pipe Sediment
accumulation
Sediment filling 20% or more of the pipe. Inlet/outlet pipes clear of sediment.
Trash and debris Trash and debris accumulated in inlet/outlet
pipes (includes floatables and non-floatables).
No trash or debris in pipes.
Damaged Cracks wider than ½-inch at the joint of the
inlet/outlet pipes or any evidence of soil entering
at the joints of the inlet/outlet pipes.
No cracks more than ¼-inch wide at
the joint of the inlet/outlet pipe.
2016 Surface Water Design Manual – Appendix A 4/24/2016A-9
EXHIBIT B - OPERATIONS AND MAINTENANCE
PAGE 5 OF 25 Page 5 of 8
APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES
NO. 5 – CATCH BASINS AND MANHOLES
Maintenance
Component
Defect or Problem Condition When Maintenance is Needed Results Expected When
Maintenance is Performed
Metal Grates
(Catch Basins)
Unsafe grate opening Grate with opening wider than
7/8 inch. Grate opening meets design
standards.
Trash and debris Trash and debris that is blocking more than 20%
of grate surface.
Grate free of trash and debris.
footnote to guidelines for disposal
Damaged or missing Grate missing or broken member(s) of the grate.
Any open structure requires urgent
maintenance.
Grate is in place and meets design
standards.
Manhole Cover/Lid Cover/lid not in place Cover/lid is missing or only partially in place.
Any open structure requires urgent
maintenance.
Cover/lid protects opening to
structure.
Locking mechanism
Not Working
Mechanism cannot be opened by one
maintenance person with proper tools. Bolts
cannot be seated. Self-locking cover/lid does not
work.
Mechanism opens with proper tools.
Cover/lid difficult to
Remove
One maintenance person cannot remove
cover/lid after applying 80 lbs. of lift.
Cover/lid can be removed and
reinstalled by one maintenance
person.
4/24/2016 2016 Surface Water Design Manual – Appendix AA-10PAGE 6 OF 25 Page 6 of 8
APPENDIX A MAINTENANCE REQUIREMENTS FOR FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES
NO. 6 – CONVEYANCE PIPES AND DITCHES
Maintenance
Component
Defect or Problem Conditions When Maintenance is Needed Results Expected When
Maintenance is Performed
Pipes Sediment & debris
accumulation
Accumulated sediment or debris that exceeds
20% of the diameter of the pipe.
Water flows freely through pipes.
Vegetation/roots Vegetation/roots that reduce free movement of
water through pipes.
Water flows freely through pipes.
Contaminants and
pollution
Any evidence of contaminants or pollution such
as oil, gasoline, concrete slurries or paint.
Materials removed and disposed of
according to applicable regulations.
Source control BMPs implemented if
appropriate. No contaminants
present other than a surface oil film.
Damage to protective
coating or corrosion
Protective coating is damaged; rust or corrosion
is weakening the structural integrity of any part of
pipe.
Pipe repaired or replaced.
Damaged Any dent that decreases the cross section area
of pipe by more than 20% or is determined to
have weakened structural integrity of the pipe.
Pipe repaired or replaced.
Ditches Trash and debris Trash and debris exceeds 1 cubic foot per 1,000
square feet of ditch and slopes.
Trash and debris cleared from
ditches.
Sediment
accumulation
Accumulated sediment that exceeds 20% of the
design depth.
Ditch cleaned/flushed of all
sediment and debris so that it
matches design.
Noxious weeds Any noxious or nuisance vegetation which may constitute a hazard to County personnel or the
public.
Noxious and nuisance vegetation
removed according to applicable
regulations. No danger of noxious
vegetation where County personnel
or the public might normally be.
Contaminants and
pollution
Any evidence of contaminants or pollution such
as oil, gasoline, concrete slurries or paint.
Materials removed and disposed of
according to applicable regulations.
Source control BMPs implemented if
appropriate. No contaminants
present other than a surface oil film.
Vegetation Vegetation that reduces free movement of water
through ditches.
Water flows freely through ditches.
Erosion damage to
slopes
Any erosion observed on a ditch slope. Slopes are not eroding.
Rock lining out of
place or missing (If
Applicable)
One layer or less of rock exists above native soil
area 5 square feet or more, any exposed native
soil.
Replace rocks to design standards.
2016 Surface Water Design Manual – Appendix A 4/24/2016A-11PAGE 7 OF 25 Page 7 of 8
APPENDIX A MAINTENANCE REQUIREMENTS FOR STORMWATER FACILITIES AND ON-SITE BMPS
2017 City of Renton Surface Water Design Manual 12/12/2016
A-17
NO. 11 – GROUNDS (LANDSCAPING)
MAINTENANCE
COMPONENT
DEFECT OR
PROBLEM
CONDITIONS WHEN
MAINTENANCE IS NEEDED
RESULTS EXPECTED WHEN
MAINTENANCE IS PERFORMED
Site Trash and debris Any trash and debris which exceed 1 cubic
foot per 1,000 square feet (this is about equal to the amount of trash it would take
to fill up one standard size office garbage
can). In general, there should be no visual
evidence of dumping.
Trash and debris cleared from site.
Noxious weeds Any noxious or nuisance vegetation which
may constitute a hazard to City personnel
or the public.
Noxious and nuisance vegetation removed
according to applicable regulations. No
danger of noxious vegetation where City
personnel or the public might normally be.
Contaminants and
pollution
Any evidence of contaminants or pollution
such as oil, gasoline, concrete slurries or paint.
Materials removed and disposed of
according to applicable regulations. Source control BMPs implemented if appropriate.
No contaminants present other than a
surface oil film.
Excessive growth of
grass/groundcover
Grass or groundcover exceeds 18 inches
in height.
Grass or groundcover mowed to a height
no greater than 6 inches.
Trees and Shrubs Hazard tree identified Any tree or limb of a tree identified as
having a potential to fall and cause
property damage or threaten human life. A
hazard tree identified by a qualified
arborist must be removed as soon as
possible.
No hazard trees in facility.
Damaged tree or
shrub identified
Limbs or parts of trees or shrubs that are
split or broken which affect more than 25%
of the total foliage of the tree or shrub.
Trees and shrubs with less than 5% of total
foliage with split or broken limbs.
Trees or shrubs that have been blown
down or knocked over.
No blown down vegetation or knocked over
vegetation. Trees or shrubs free of injury.
Trees or shrubs which are not adequately
supported or are leaning over, causing exposure of the roots.
Tree or shrub in place and adequately
supported; dead or diseased trees removed.
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